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HomeMy WebLinkAboutAgenda Packet City Council - 12/08/2015Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, December 8, 2015 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Pastor David Srygley, Arlington Heights Church of Christ. C. Pledge of Allegiance to the Flag of the United States to be led by Norma Davison, Customer Call Center Manager - Communication, Media Relations & E -Government Department. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 15-1370 Proclamation declaring December 12, 2015, "Christmas Tree Forest, A Reading Wonderland Day". 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 12/8/2015 City Council Meeting Agenda - Final December 8, 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. CITY HALL SECURITY UPDATES - Senior Oficer Denise Pace, Corpus Christi Police Department 2. 15-1365 City Hall Security Updates Attachments: Presentation - City Hall Security Upgrades b. OTHER H. MINUTES: 3. 15-1372 Regular Meeting of November 17, 2015 Attachments: Minutes - November 17, 2015 I. BOARD & COMMITTEE APPOINTMENTS: 4. 15-1371 Arts & Cultural Commission Corpus Christi Downtown Management District Human Relations Commission Museum of Science and History Advisory Board Oil and Gas Advisory Committee Port of Corpus Christi Authority of Nueces County, TX Water Resources Advisory Committee Corpus Christi Page 2 Printed on 12/8/2015 City Council Meeting Agenda - Final December 8, 2015 Attachments: Arts and Cultural Commission.pdf Corpus Christi Downtown Management District.pdf Human Relations Commission.pdf Museum of Science and History Advisory Board.pdf Oil and Gas Advisory Committee.pdf Port of Corpus Christi Authority of Nueces County, TX.pdf Water Resources Advisory Committee.pdf J. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. K. CONSENT AGENDA: (ITEMS 5 - 13) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 5. 15-1245 Aviator Memorial Donation Agreement for Ropes Park Motion authorizing the City Manager or designee to execute an agreement with NAS Corpus Christi Aviator Memorial Association for the donation and acceptance of the aviator statue made by Total Statue to be placed in Ropes Park. Attachments: Agenda Memo - Aviator Memorial Agreement Agreement - Aviator statute FINAL 6. 15-1248 Approval of a Developer Participation Agreement for the City's cost to extend Brooke Road located along Airline Road, east of Cimarron Boulevard and south of Saratoga Boulevard (SH 357) along Airline Road, south of Saratoga Boulevard (SH 357) and east of Cimarron. Resolution authorizing the City Manager or designee to execute a developer participation agreement with MPM Development, LP., ("Developer"), to reimburse the Developer up to $77,536.80 for the City's share of the cost to extend Brooke Road, in accordance with the Unified Development Code. Corpus Christi Page 3 Printed on 12/8/2015 City Council Meeting Agenda - Final December 8, 2015 Attachments: Agenda Memo - Bordeaux Place Unit 5 Resolution - Bordeaux Place Unit 5 Location Map - Bordeaux Place Unit 5 7. 15-1251 Resolution authorizing the City Manager or designee to enter into outside city limit water contracts for properties in Nottingham Acres Subdivision Resolution authorizing the City Manager or his designee to enter into outside city limits water contracts, which is attached to this resolution and incorporated herein for all purposes, with property owners of up to 31 lots in the Nottingham Acres Subdivision to provide public water to their respective properties located outside the city limits pursuant to Section 55-113 of the City Code of Ordinances. Attachments: Agenda Memo -Nottingham Acres Resolution and Notingham Acres OCL Water Contract Location Map - Nottingham Acres Unit 1 8. 15-1290 Professional Services Contract for Wastewater Treatment Plant Consolidation Program Development Motion authorizing the City Manager or designee to execute a professional services contract with Stantec Consulting Services, Inc. of San Antonio, Texas in the amount of $1,427,186 for the Wastewater Treatment Plant Consolidation Program to develop a phased project implementation plan. Attachments: Agenda Memo - WWTP Consolidation.docx Project Budget - WWTP Consolidation.xls Location Map - WWTP Consolidation Contract - WWTP Consolidation Presentation - WWTP Consolidation (Dev. Svcs.) Presentation - WWTP Consolidation (Consultant) 9. 15-1237 Interlocal Agreement with Del Mar College for training services and facilities use Resolution authorizing the City Manager, or his designee, to execute an Interlocal Agreement with Del Mar College for the training of City employees and the use of Del Mar training facilities. Attachments: Agenda Memo - Del -Mar Resolution - Del -Mar Agreement Agreement - Del -Mar Training and Development 10. 15-1242 Second Reading Ordinance - Street Closure for a portion of Hacala Street which is located east of Greenwood Drive, south of Frio Corpus Christi Page 4 Printed on 12/8/2015 City Council Meeting Agenda - Final December 8, 2015 Street and west of Martin Street (1st Reading 11/17/15) Ordinance abandoning and vacating an undeveloped and unsurfaced 37,786 -square foot (0.87 acres) portion of a 60 -foot wide public right-of-way, as shown and dedicated by Plat of Los Encinos 10 Acre School Tract, a map of which is recorded in Volume 26, Page 63, Map Records of Nueces County, Texas, and requiring the owners, Corpus Christi Independent School District, and Seaside Builders, LLC to comply with specified conditions. Attachments: Agenda Memo - Hacala Street Ordinance with exhibits - Hacala Street Location Map - Hacala Street 11. 15-1285 Second Reading Ordinance - Rezoning Property Located at 6810 South Staples Street (FM 2444)(1 st Reading 11/17/15) Case No. 1015-01 Golden Real Estate and Construction Consulting Group, Inc.: A change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. The property to be rezoned is described as being a 12.00 acre tract of land deeded to Golden Real Estate and Construction Group, Inc., in document File No. 2012038800 Official Public Records Nueces County, Texas and being out of Lots 18, 19, 20, 29, 30 and 31, Section 11 of the Flour Bluff & Encinal Farm Garden Tracts, located approximately 850 feet east of South Staples Street (FM 2444) between Corsica Road and Timbergate Drive. Planning Commission and Staff Recommendation (October 21, 2015): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Golden Real Estate and Construction Consulting Group, Inc. ("Owner"), by changing the UDC Zoning Map in reference to a 12.00 acre tract of land deeded to Golden Real Estate and Construction Group, Inc., in document File No. 2012038800 Official Public Records Nueces County, Texas and being out of Lots 18, 19, 20, 29, 30 and 31, Section 11 of the Flour Bluff & Encinal Farm Garden Tracts, from the "RS -6" Single -Family 6 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 - Golden Real Estate & Consulting.docx Ordinance - Golden Real Estate & Construction.pdf Zoning Report - Golden Real Estate and Construction.pdf Locatoin Map - Golden Real Estate & Construction.pptx Corpus Christi Page 5 Printed on 12/8/2015 City Council Meeting Agenda - Final December 8, 2015 12. 15-1253 Second Reading Ordinance - Exemption from the Wastewater Acreage/Lot Fees for property located east of Flour Bluff Drive and north of Ramfield Road within the Flour Bluff Service Area (1st Reading 11/17/15) Ordinance exempting the Layton Manor, Block 1, Lot 4 property located east of Flour Bluff Drive and north of Ramfield Road, from the payment of the wastewater lot/acreage fees under section 8.5.2.G.1 of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. Attachments: Agenda Memo - Layton Manor, Block 1, Lot 4 Ordinance with Agreement - Layton Manor, Block 1, Lot 4 Letter - Layton Manor Wastewater Exemption Request Location Map - Layton Manor 13. 15-1255 Second Reading Ordinance - Accepting grant funds to benefit the Corpus Christi Fire Department's WebEOC(1st Reading 11/17/15) Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $10,000 for the benefit of the City's WebEOC operations; and appropriating $10,000 from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grant Fund to purchase equipment, services, technical support and training for the Corpus Christi Fire Department's WebEOC. Attachments: Agenda Memo - RAC Ordinance - RAC L. EXECUTIVE SESSION: (ITEMS 14 - 17) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 14. 15-1361 Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining negotiations and/or the collective bargaining agreements between the City of Corpus Christi and the Corpus Christi Firefighters' Association. 15. 15-1355 Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to Corpus Christi Page 6 Printed on 12/8/2015 City Council Meeting Agenda - Final December 8, 2015 consult with attorneys concerning legal issues related to economic development agreements, industrial district agreements, entities that are signatories to the City's industrial district agreements, annexation, and disannexation, and pursuant to Texas Government Code § 551.087 to discuss or deliberate regarding commercial or financial information relating to some or all of the aforementioned matters and entities that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations and/or financial or other incentives involving said business prospect. 16. 15-1398 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. 17. 15-1407 Executive session pursuant to Texas Government Code § 551.074 (personnel matters) to deliberate employment issues concerning the City Manager. M. PUBLIC HEARINGS: (ITEM 18) 18. 15-1347 Public Hearing and First Reading Ordinance - Rezoning property located at 6425 King Trail (3/4 Vote Required) Case No. 1015-02 Edward Gonzalez: A change of zoning from the "RE" Residential Estate District to the "RS -22" Single -Family 22 District, resulting in a change to the Future Land Use Map from estate residential uses to low density residential uses. The property is described as Lot 21, Block 2, The Coves at Lago Vista Unit 3, located approximately 1,200 feet east of King Ranch Drive and 600 feet south of the corner of Oso Parkway and Green Jay Court. Planning Commission and Staff Recommendation (November 4, 2015): Approval of the change of zoning from the "RE" Residential Estate District to the "RS -22" Single -Family 22 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Edward Gonzalez ("Owner"), by changing the UDC Zoning Map in reference to Lot 21, Block 2, The Coves at Lago Vista Unit 3, from the "RE" Residential Estate District to the "RS -22" Single -Family 22 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Corpus Christi Page 7 Printed on 12/8/2015 City Council Meeting Agenda - Final December 8, 2015 Attachments: Agenda Memo - Edward Gonzalez Ordinance - Edward Gonzalez Zoning Report - Edward Gonzalez Presentation - Edward Gonzalez N. REGULAR AGENDA: (NONE) The following items are motions, resolutions and ordinances that will be considered and voted on individually. O. FIRST READING ORDINANCES: (ITEMS 19 - 30) 19. 15-1310 First Reading Ordinance - Accepting and appropriating grant funds to purchase Hazmat Communication System equipment Ordinance authorizing the City Manager or designee to accept a grant from Koch Companies Public Sector, LLC 2015 Helping Heroes Grant Program in the amount of $10,000.00 to be used to purchase Hazmat Communication System Equipment; and appropriating $10,000.00 from Koch Companies Public Sector; LLC into the Fire Grant Fund No. 1062. Attachments: Agenda Memo - Koch Ordinance - Koch 20. 15-1195 First Reading Ordinance - Accepting and appropriating additional grant funds for Tuberculosis Prevention and Control Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Tuberculosis Prevention and Control -Federal (TB/PC-FED) grant increasing the total amount to $64,693, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund, with an increase in the city match to $12,939, for a total project cost of $77,632, for the amended contract period September 1, 2014, through December 31, 2015; authorizing the transfer of $3,235, from the No. 1020 General Fund to the No. 1066 Health Grants Fund, appropriating the increased cash match and increased grant amount; and ratifying acceptance of the amended grant agreement to begin September 1, 2015. Attachments: Agenda Memo - TB Fed. Grant Amend. 9-1-2014 to 1-1-2016 (Rev. 11-5-2015) Ordinance - Amending 9-1-2014 to 1-1-2016 TB -Fed Grant (Rev. 11-5-2015) Contract - Amended TB PC FED Grant 9-1-2014 to 1-1-2016 21. 15-1336 First Reading Ordinance - Advancing, accepting and appropriating funds for the Texas Medicaid Managed Care Initiative 1115 Waiver - Childhood Healthy Weight Obesity Project Ordinance authorizing the advance of up to $903,592, from the No. 1046 Health Medicaid Waiver Fund to the Texas Health and Human Corpus Christi Page 8 Printed on 12/8/2015 City Council Meeting Agenda - Final December 8, 2015 Services Commission (TXHHSC) and in turn the Centers for Medicare and Medicaid Services (CMS) for the City's local match for City projects under the Corpus Christi - Nueces County Public Health District's (CCNCPHD) 1115 Waiver; funds to be repaid from the CMS by January 31, 2016. Additionally authorizing the City Manager, or designee, to execute all documents necessary to accept and appropriate the award fund upon receipt in the amount of approximately $1,204,158, from CMS and the TXHHSC to implement a program to reduce and prevent obesity in children and adolescents for the period of October 1, 2015, through September 30, 2016; and ratifying acceptance of the award fund to begin October 1, 2015. Attachments: Agenda Memo (1115 Waiver -MEND Grant) 10-1-2015 to 10-1-2016 (Rev. 11-3C Ordinance (1115 Waiver MEND Program) 11-18-15.docx 22. 15-1265 First Reading Ordinance - License for an electronic sign located within the Street Right of Way at 6652 Yorktown Blvd Ordinance authorizing the City Manager or designee to execute a License for an electronic sign located within the Street Right of Way for Butler & Diaz, Inc., d/b/a Yorktown Mini Storage, a Texas small business corporation, ("Licensee") for an electronic Advertisement Sign installation, subject to the Licensee' compliance with specified conditions. Attachments: Agenda Memo - 6652 Yorktown Mini Storage Ordinance - 6652 Yorktown Mini Storage Location Map - 6652 Yorktown Mini Storage 23. 15-1320 First Reading Ordinance - Exemption from the Wastewater Acreage/Lot Fees for property located at the intersection of Agnes Street (Business State Hwy No. 44) and Bockholt Road within the Greenwood Wastewater Treatment Plant, Service Area 6 Ordinance exempting the Lewis & Cook Addition, Block 1, lot 1 subdivision located at the intersection of Agnes Street (Business State HWY No. 44) and Bockholt Road, from the payment of the wastewater lot/acreage fees under Section 8.5.2.g.1 of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. Attachments: Agenda Memo - Lewis & Cook, Block 1, Lot 1 Ordinance - Lewis & Cook WW Exemption Agreement - Lewis Cook wastewater exemption signed agrement Location Map - Lewis & Cook, Block 1, Lot 1 24. 15-1277 First Reading Ordinance - Amending the Capital Improvement Budget to execute a Master Services Agreement for On Call Engineering Services with Solid Waste Operations Corpus Christi Page 9 Printed on 12/8/2015 City Council Meeting Agenda - Final December 8, 2015 Ordinance amending the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to add Project No. E15103 On Call Services/Solid Waste; transferring funds in the amount of $280,000 from Solid Waste Project Reserves to the On Call Services/Solid Waste Project; and authorizing the City Manager or designee to execute a master service agreement with Naismith Engineering, Inc. of Corpus Christi, Texas in the amount of $250,000.00 for On Call Services/Solid Waste for engineering services as may be required. Attachments: Agenda Memo - On Call Services Ordinance - On Call Services Protect Budget - On Call Services- with formulas Location Map - On Call Services Presentation - On Call Services 25. 15-1198 First Reading Ordinance - Amending the Capital Improvement Budget to execute the Construction Contract for Tuloso Road from IH 37 to Leopard Street (BOND 2012) Ordinance amending the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 by transferring $450,000 from Fund 3549 Street 2013 GO Bond 2012, Project #E12095 South Staples Street from Brawner Parkway to Kostoryz Road to the Tuloso Road from IH 37 to Leopard Street Project (Bond 2012); increasing expenditures in the amount of $450,000; and authorizing the City Manager, or designee, to execute a construction contract with Haas Anderson Construction, Inc. of Corpus Christi, Texas in the amount of $5,014,449.60 for Tuloso Road from IH 37 to Leopard Street Project (BOND 2012) for the total Base Bid. Attachments: Agenda Memo - Tuloso Ordinance - Tuloso Protect Budget - Tuloso Oct 19 Location Map - Tulloso Presentation - Tuloso 26. 15-1375 First Reading Ordinance - Adjusting Public Agency for Resale Water Rates Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding public agency for resale water rates; providing for publication, and providing effective date. Attachments: Agenda Memo - Public Agency for Resale Water Rate Ordinance - Public Agency for Resale Water Rate 27. 15-1339 First Reading Ordinance - Transfer of City Council Member's Salary Corpus Christi Page 10 Printed on 12/8/2015 City Council Meeting Agenda - Final December 8, 2015 Ordinance approving the transfer of an amount budgeted for Council Member Carolyn Vaughn's salary, plus applicable payroll taxes, in the total amount of $6,459 from the No. 1020 General Fund to the No. 1042 Residential Street Fund and changing the FY 2015-2016 Operating Budget adopted by Ordinance 030620 to increase revenues and expenditures by $6,459 in the No. 1042 Residential Street Fund. Attachments: Agenda Memo - Transfer of Vaughn's Salary.pdf Ordinance - Transfer of Vaughn's Salary.pdf 28. 15-1350 First Reading Ordinance - Continuing Texas Municipal Retirement System (TMRS) Updated Service Credits for current participants and increases for prior and current annuities Ordinance authorizing and allowing, under the act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions; and providing for severance. Attachments: Agenda Memo - TMRS Ad Hoc 2015 Ordinance - TMRS 2015 29. 15-1366 First Reading Ordinance - Depository Banking Services Agreement Ordinance to accept staff recommendation to designate Frost Bank as the depository for municipal funds in accordance with section 105.016 of the Texas Local Government Code and authorizing the City Manager or designee to execute a depository services contract for a period of 3 years to commence on January 1, 2016 and end on December 31, 2018 with an option to renew for two additional one-year periods. Attachments: Agenda Memo - Depository Banking Services Agreement Ordinance - Depository Banking Services Agreement Scoring Matrix - Depository Banking Services Attachment A - Service Agreement & Exhibits Depository Services 30. 15-1394 First Reading Ordinance - Amending the Code of Ordinances to create the City of Corpus Christi Infill Housing Incentive Program (IHIP) Ordinance Amending the Corpus Christi Code of Ordinances by adding a new chapter, Chapter 20, Housing; Creating Chapter 20, Article 1 - IN GENERAL; Creating Chapter 20, Article 11 - INFILL HOUSING INCENTIVE PROGRAM to set forth requirements, procedures and incentives for the development of new home construction in existing Corpus Christi Page 11 Printed on 12/8/2015 City Council Meeting Agenda - Final December 8, 2015 Community Development Block Grant (CDBG) neighborhoods; providing for severance; and providing an effective date. Attachments: Agenda Memo - Infill Housing Program Ordinance - Final Infill Housing Ordinance Infill Housing Incentive Program Guidelines and Application FINAL 11-30-15 Presentation - IHIP and Type A - Council meeting Dec 8 2015 P. FUTURE AGENDA ITEMS: (ITEMS 31 - 46) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 31. 15-1396 Resolution approving the Affordable Housing - Type A Pilot Program Resolution approving the Affordable Housing - Type A Pilot Program which uses Type A funds for up front/interim construction costs for a qualified builder to construct a new affordable home for an income -qualified homebuyer. Attachments: Agenda Memo - Type A Pilot Program Resolution - Type A Pilot Program Type A Pilot Program and Application - FINAL 12-2-15 32. 15-1397 Resolution Approving the Program Guidelines for the Infill Housing Incentive Program (IHIP). Attachments: Agenda Memo - Infill Housing Program (Resolution) Resolution - IHIP Program Guidelines Infill Housing Incentive Program Guidelines and Application FINAL 11-30-15 33. 15-1304 Resolution authorizing a purchase of a Digital Information Management System Hardware and Storage Upgrade Resolution authorizing the City Manager, or designee, to purchase a Digital Information Management System Server and storage upgrade from Linear Systems, Rancho Cucamonga, California, for a total cost of $50,164. The final cost includes a $10,000 trade in credit for the existing outdated hardware. Funds are being used by the Police Grant Fund 1061 for the fiscal year 2016. Attachments: Agenda Memo - Digital Info Management System Resolution - Sole Source Linear Systems Upgrade vFinal 20151110 Price Sheet - Digital Info Management System 34. 15-1354 Resolution amending the Radio Communications System Interlocal Agreement to include the Nueces county Emergency Services District #3 as a participant Corpus Christi Page 12 Printed on 12/8/2015 City Council Meeting Agenda - Final December 8, 2015 Resolution authorizing the City Manager, or his designee, to execute an amendment to the Radio Communications System Interlocal Agreement between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the Nueces County Emergency Services District #3 as a participant. Attachments: Agenda memo - agreement for public safety radio system ESD3 12.08.2015 Resolution - Interlocal Nueces County ESD#3 - Police Interlocal Cooperation Agreement ESD 3 Revised BB 35. 15-1356 Resolution amending the Radio Communications System Interlocal Agreement to include the Nueces County Emergency Services District #6 Resolution authorizing the City Manager, or his designee, to execute an amendment to the Radio Communications System Interlocal Agreement between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the Nueces County Emergency Services District #6 as a participant. Attachments: Agenda memo - agreement for public safety radio system ESD6 12.08.2015 Resolution - Interlocal Nueces County ESD#6 - Police Interlocal Cooperation Agreement ESD 6 Revised BB 36. 15-1345 Lease -Purchase of Ambulances Motion approving the lease -purchase of two ambulances from Knapp, Chevrolet, of Houston, Texas based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative, in the amount of $319,700.00. The ambulances will be used by the EMS Division of the Fire Department. These units are a replacement to the fleet. Funds for the lease purchase of the ambulances will be provided through the City's lease/financing program. Attachments: Agenda Memo - Lease -Purchase of Ambulances Price Sheet - Lease -Purchase of Ambulances 37. 15-1346 Resolution approving the appointment of Dr. William Burgin, Jr. as the Local Health Authority for the Public Health District Resolution approving the Director of the Corpus Christi Nueces County Public Health District's (CCNCPHD), appointment of Dr. William Burgin, Jr., to serve as the Local Health Authority for the Public Health District for a two year term beginning December 17, 2015 and ending December 17, 2017. Attachments: Agenda Memo (City Appointment of LHA 12-17-2015 to 12-17-2017) 11-17-201. Resolution - Appointment of Dr. Burgin as the Local Health Authority DSHS Certificate of Appointment of LHA Blank Forms 10-28-2015 Corpus Christi Page 13 Printed on 12/8/2015 City Council Meeting Agenda - Final December 8, 2015 38. 15-1358 Real Estate Brokerage Service for Sale of Fourteen Surplus Parks Motion authorizing the City Manager to execute a service agreement with The Clower Company, Inc., Corpus Christi, Texas for the sale of fourteen surplus parks in accordance with Bid Event No. 64 at a commission interest rate of 4.5 percent. Attachments: Agenda Memo - Real Estate Brokeage Services for Sale of Fourteen Surplus PE Evaluation Matrix - Real Estate Brokeage Services for Sale of Fourteen Surplus Service Agreement - Real Estate Brokeage Services for Sale of Fourteen Surpli 39. 15-1352 Resolution for an Interlocal Agreement for Packery Channel Aids to Navigation Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Texas A&M University - Corpus Christi regarding Aids to Navigation at Packery Channel in amount of $60,941. Attachments: Agenda Memo - Interlocal TAMUCC for Packery Channel ATONs (1) Resolution - Interlocal with TAMUCC for Aids to Navigation at Packery Channel Agreement - TAMUCC Packery Channel Aids to Navigation 40. 15-1344 Construction Contract for Repair of City Hall Skylight and Associated Improvements Motion authorizing the City manager or designee to execute a construction contract with Gourley Contracting, Corpus Christi, Texas in accordance with Bid Event No. 88 based on only bid for a total cost of $230,690.00 for the repair of City Hall Skylight and Associated Repairs. Attachments: Agenda Memo - Skylight Repair Bid Tabulation - Skylight Repair Service Agreement - Skylight Repair 41. 15-1235 Lease -Purchase of One Box Van and One Mobile Camera Inspection Unit Motion approving the lease -purchase of one box van and one mobile camera inspection unit from the following companies for the amounts below for a total cost of $170,322.62. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Government (H -GAC). Funding is available from the City's lease purchase financing contractor. Houston Freightliner Houston, TX Box Van $47,861.00 Green Equipment Company Manvel, TX Mobile camera inspection unit $122,461.62 Corpus Christi Page 14 Printed on 12/8/2015 City Council Meeting Agenda - Final December 8, 2015 Total Cost: $170,322.62 Attachments: Agenda Memo - Box Van and Mobile Camera Inspection Unit.docx Price Sheet - Box Van and Mobile Camera Inspection Unit.xlsx 42. 15-1376 Second amendment and extension to agreement for reservation of recycled water Motion authorizing the City Manager or designee to execute a Second Amendment and Extension to the Agreement for Exclusive Reservation of Recycled Water with Valero Refining - Texas, L.P. (Valero) for 4 million gallons per day (mgd). Attachments: Agenda Memo - Valero Agreement Agreement for Exclusive Reservation of Recycled Water with Valero First Amendment and Extension to the Valero Reservation Agreement Second Amendment and Extension to the Agreement for Exclusive Reservation 43. 15-1270 Construction Contract for the Greenwood Wastewater Treatment Plant Flare Permit Metering Motion authorizing the City Manager or designee to execute a construction contract with Palacios Marine & Industrial Coating, Inc. of Palacios, Texas in the amount of $87,788.60 for the Greenwood Wastewater Treatment Plant Flare Permit Metering for the total Base Bid. Attachments: Agenda Memo - Greenwood WWTP Prosect Budget - Greenwood WWTP.xls Location Map - Greenwood WWTP.pdf Presentation - Greenwood WWTP 44. 15-1269 Amendments to two contracts for engineering design services within the City -Wide Wastewater Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity (IDIQ) Program Motion authorizing the City Manager or designee to execute two contract amendments, Amendment No. 6 with LNV, Inc. of Corpus Christi, Texas in the amount of $129,275 for a total restated fee not to exceed $671,745, and Amendment No. 2 with Urban Engineering of Corpus Christi, Texas in the amount of $120,880 for a total restated fee not to exceed $362,640. These two contract amendments provide for engineering design services for the City's wastewater collection system. Corpus Christi Page 15 Printed on 12/8/2015 City Council Meeting Agenda - Final December 8, 2015 Attachments: Agenda Memo - WVV IDIQ.docx Prosect Budget - WW IDIQ.xls Location Map - WW IDIQ.pdf Contract LNV - WW IDIQ Contract Urban - WW IDIQ Presentation - WW IDIQ.pptx 45. 15-1369 Change Order No. 16 for the Runway 17-35 Extension/Displacement and Connecting Taxiway Project Motion authorizing the City Manager or designee to execute Change Order No. 16 with Bay, Ltd. of Corpus Christi, Texas in the amount of $270,000.00 for a total restated fee of $15,631,021.36 for the Corpus Christi International Airport Runway 17-35 Extension/Displacement and Connecting Taxiway project. Attachments: Agenda Memo - CCIA Bay Change Order No 16.docx CCIA Bay Change Order 16.pdf Project Budget - Runway 17-35 Change Order 16.xlsx Location Map - CCIA Bay Change Order No 16.pdf Presentation - CCIA Change Order No 16.pptx 46. 15-1348 Resolution amending and reaffirming the City's Investment Policy and Strategies for FY2015-2016 Resolution amending and reaffirming the City of Corpus Christi's Investment Policy and Investment Strategies for Fiscal Year 2015-2016. Attachments: Agenda Memo Investment Policy December 8, 2015.doc Exhibit A - City Investment Policy 2015 clean.pdf City Investment Policy 2015 redlined.pdf Resolution - Amending and Reaffirming Investment Policy 2015 vFinal 2015111 Q. BRIEFINGS: (ITEM 47 - 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. 47. 15-1359 Timeline for Preliminary FEMA Flood Map Adoption Attachments: Agenda Memo - Timeline Presentation - Timeline 48. 15-1418 Hotel Occupancy Tax (HOT) Fund use on Bay Beaches R. ADJOURNMENT Corpus Christi Page 16 Printed on 12/8/2015 City Council Meeting Agenda - Final December 8, 2015 Corpus Christi Page 17 Printed on 12/8/2015 City Hall Security Upgrades Mission: To maintain an environment of open government while ensuring the safety and security of patrons and employees at City Hall and the surrounding property. Senior Officer Denise R. Pace Security Upgrades • The Leopard Street Entrance will remain locked. • The Sam Rankin Entrance will be an employee only entrance with card read access. • The Staples Street Entrance will be an employee only entrance with card read access. Security Upgrades • The Lipan Street entrance will be the public entrance where all guests will be required to walk through a metal detector. Implementation Timeline Date Task Oct 23, 2015 Install employee card readers on Staples St. and Sam Rankin Doors COMPLETED Nov 10, 2015 Brief City Council under City Manager announcements Nov 13, 2015 Advise city employees through employee E -newsletter Implementation Timeline Date Task Nov 16, 2015 Put up large banners on entrances at city hall advising of Dec 21 public entrance Lipan St. Dec 14, 2015 Hire two additional guards from Security company Dec 14, 2015 Install metal detector Dec 21, 2015 Go live with security upgrade - single entrance and metal detectors with additional guards at Lipan entrance Thank you Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, November 17, 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 David Bendett, Rock City Church. Pastor David Bendett gave the invocation. Mayor Martinez called for a moment of silence for the community and victims of the recent attacks in Paris, France. C. Pledge of Allegiance to the Flag of the United States to be led by Terry Teri, Assistant Director of Municipal Court. Assistant Director of Municipal Court Terry Teri led the Pledge of Allegiance. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Ron Olson, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Present: 9 - Mayor Nelda Martinez,Council Member Rudy Garza,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas,Council Member Lucy Rubio,Council Member Brian Rosas,Council Member Mark Scott, and Council Member Carolyn Vaughn E. Proclamations / Commendations 1. Resolution in support of Law Enforcement Mayor Martinez referred to Item 1. Mayor Martinez stated that this item was brought to her attention by Scott Leeton, President of the Corpus Christi Police Officers' Association, as a small way to communicate the City's support for the men and women of our nation's law enforcement agencies who wear their Corpus Christi Page 1 Printed on 12/3/2015 City Council Meeting Minutes November 17, 2015 2. uniforms with honor, dedication, and integrity in the line of duty while protecting our communities and safeguarding our democracy. Mayor Martinez read the resolution and stated that to honor those who currently serve, as well as those who have paid the ultimate sacrifice, the City of Corpus Christi is asking every officer of the Corpus Christi Police Department to turn on their red and blue lights for one minute on Tuesday, November 17, 2015 at 8:00 p.m. Council Member Magill made a motion to approve the resolution, seconded by Council Member McIntyre. This Resolution was passed and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 030683 Proclamation declaring November 19, 2015, the American Cancer Society's "Great American Smokeout". Proclamation declaring November 14-22, 2015, "National Hunger and Homelessness Awareness Week". Proclamation declaring December 1, 2015, "World AIDS Day 2015". Commendation presented to Noreen Hammerick - Shining Example of "Leave It Better Than You Found It". Mayor Martinez presented the proclamations and Certificate of Commendation to Noreen Hammerick. 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. Jack Gordy, 4118 Bray Drive, stated that the mediation concerning the palm trees on Airline Road is set for Thursday, December 17, 2015 at 9:00 a.m. at City Hall. Mr. Gordy said he will be asking again for the legal document from the United States Department of Justice that states that the palm trees on Airline Road are grandfathered from being removed until the street is reconstructed. Rick Milby, 4417 High Ridge Drive, thanked the City Council for their service and spoke regarding the metal detectors that will be installed to increase safety at City Hall. Mr. Milby encouraged the City Council to consider a process at City Hall, similar to the State Capital in Austin, Texas, to accommodate customers with a concealed hand gun license to enter City Hall. Dorothy Spann, 502 Del Mar, made comments on the desired qualities to consider when hiring the new Police Chief. Susie Luna Saldana, 4710 Hake!, spoke regarding Plan CC 2035 and said the plan should address the uniqueness of Corpus Christi. Shirley Thornton, 1917 Woodcrest Drive, asked the City Council to vote against Plan CC 2035 and Corpus Christi Page 2 Printed on 12/3/2015 City Council Meeting Minutes November 17, 2015 suggested that the 1987 Comprehensive Plan be altered to fit the current needs of the City. Mark Gurgevich, 4502 Janssen Drive, commended the City Council and City Manager Olson for implementing new security measures to protect the staff and citizens at City Hall. Errol Summerlin, Citizens Alliance for Fairness and Progress, spoke regarding the following topics related to the Hillcrest neighborhood: an inaccurate article by the Caller Times regarding the number of residents; the impacts of the new Harbor Bridge; and Plan CC 2035 draft designating Hillcrest as a transition neighborhood. Scott Leeton, 3122 Leopard, spoke regarding Plan CC 2035 and said he would like the plan to address public safety. Warren Andrich, 4825 Everhart Road, provided the following information, on behalf of the Association of Realtors, regarding Plan CC 2035: include specific and measurable goals for each section of the plan, with a timeframe and financial impacts; opposition to impact fees; and apply a code of ethics during the evaluation and planning. Dan Hogan, 818 Oriole, spoke regarding Plan CC 2035 and asked the City Council to put their focus on the City's infrastructure, pollution, public safety and the water system. James Skrobarczyk, 714 Oriole, spoke regarding Plan CC 2035 and said the current plan is not formulated for our community. Mr. Skrobarczyk said he believes Goody Clancy provided a generic plan and the City did not receive fair and impartial service. Bart Braselton, 5337 Yorktown, spoke in opposition to Plan CC 2035. Mr. Braselton said the plan, in its present form, is flawed and has many challenges that will affect property values. Andy Taubman, 5601 SPID, spoke regarding Plan CC 2035 and related policy implications and imprecise law. Gloria Scott, 4422 Alameda, spoke regarding the following topics: request that the Plan CC 2035 reference the Washington, Coles, and Hillcrest neighborhoods as three separate neighborhoods; request to obtain the Plan CC 2035 draft; streets; and the new Harbor Bridge. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Martinez referred to City Manager's Comments. City Manager Ron Olson reported on the following topics: 1) Last week, The Parks and Recreation Department held their 2nd Annual Volunteer Recognition Event. The Parks and Recreation Department honored volunteers' outstanding contributions and thanked them for their time, talent and dedication. Volunteers honored included: 72 Adopt -A -Park volunteer groups and individuals; 100 youth coaches; and approximately 80 residents that serve on Parks and Recreation's various boards and commissions. 2) City Manager Olson recognized the City employees for their substantial contribution to United Way, with this year's contribution exceeding $106,000. 3) The Cooper's Alley L -Head Pier is completed with 14 boat slips currently leased and functioning. a. CITY HALL SECURITY UPGRADES - Senior Officer Denise Pace, Corpus Christi Police Department Senior Officer Denise Pace presented information on the City Hall Security Upgrades. The Sam Rankin and Staples Streets entrances will be an employee -only entrance and employees will access these doors by using their employee identification badges. The Lipan Street entrance will be the public entrance where all guests will be required to walk through a metal detector. The Leopard Street entrance will remain locked. The implementation timeline will include notification to the employees and public, the hiring of two additional security officers, and installation of the metal detector. The new Corpus Christi Page 3 Printed on 12/3/2015 City Council Meeting Minutes November 17, 2015 security upgrades will go into effect on December 21, 2015. b. OTHER City Manager Olson recognized Assistant City Manager Wes Pierson and publicly thanked him for his service to the City of Corpus Christi. Assistant City Manager Pierson has accepted the City Manager position for the City of Addison, Texas. H. MINUTES: 3. Regular Meeting of November 10, 2015 Mayor Martinez called for approval of the minutes. Council Member Garza made a motion to approve the minutes, seconded by Council Member Riojas and passed unanimously. I. BOARD & COMMITTEE APPOINTMENTS: 4. Building Standards Board Citizens Advisory Health Board Corpus Christi Business and Job Development Corporation (Type A) Reinvestment Zone No. 2 Mayor Martinez referred to board and committee appointments. The following appointments were made: Building Standards Board Council Member McIntyre made a motion to appoint Joel E. De La Garza, seconded by Council Member Magill and passed unanimously. Citizens Advisory Health Board Council Member McIntyre nominated Hannah M. Chipman. Council Member Magill nominated Christy Berry. Council Member McIntyre made a motion to appoint Hannah M. Chipman and Christy Berry, seconded by Council Member Magill and passed unanimously. Corpus Christi Business and Job Development Corporation Council Member McIntyre nominated Richard Burns. Council Member Garza nominated Randy L. Maldonado. Council Member Riojas nominated Sandra L. Alvarez. Randy L. Maldonando was appointed with Council Members Garza, Rubio, Magill, Rosas, and Vaughn voting for Randy L. Maldonando; Council Members McIntyre and Scott voting for Richard Burns; and Mayor Martinez and Riojas voting for Sandra L. Alvarez. Corpus Christi Page 4 Printed on 12/3/2015 City Council Meeting Minutes November 17, 2015 Reinvestment Zone No. 2 Board Council Member McIntyre made a motion to reappoint Rudy Garza, Colleen McIntyre, Chad Magill, Nelda Martinez, Lillian Riojas, Brian Rosas, Lucy Rubio, Mark Scott, and Carolyn Vaughn, seconded by Council Member Magill and passed unanimously. Council Member Garza made a motion to appoint Colleen McIntyre as Chairperson beginning January 1, 2016, seconded by Council Member Magill and passed unanimously. J. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 5 - 19) Approval of the Consent Agenda Mayor Martinez referred to the Consent Agenda. There were no comments from the Council or the public. Council Member Riojas announced that she was abstaining from the vote on Item 11 and Mayor Martinez pulled Item 11 for an individual vote. A motion was made by Council Member Rubio, seconded by Council Member Rosas to approve the Consent Agenda. The consent agenda items were approved by one vote as follows: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 5. Purchase of Emulsified Polymerized Asphalt for use in street sealcoating Motion authorizing the City Manager, or designee, to enter a supply agreement with Ergon Asphalt & Emulsions, Inc., Austin, Texas for emulsified polymerized asphalt in accordance with Bid Event 75, based on only bid, for an estimated 6 -month expenditure of $349,450.00. The term of the agreement shall be for six (6) months with options to extend for up to five (5) additional six-month periods, subject to the approval of the supplier and the City Manager or designee. Funds are available in the Material Inventory Fund by the Street Operations Department in FY 2015-2016. This Motion was passed on the Consent Agenda. Enactment No: M2015-130 6. Resolution approving a Developer Participation Agreement for the City's cost to extend North Oso Parkway located east of Ennis Corpus Christi Page 5 Printed on 12/3/2015 City Council Meeting Minutes November 17, 2015 Joslin and north of Wooldridge Road Resolution authorizing the City Manager or designee to execute a developer participation agreement with MPM Development, L.P., ("Developer"), to reimburse the Developer up to $304,508.60 for the City's share of the cost to extend North Oso Parkway, in accordance with the Unified Development Code. This Resolution was passed on the Consent Agenda. Enactment No: 030684 7. Engineering Contract for McBride Lift Station and Force Main Improvements Motion authorizing the City Manager or designee to execute an engineering contract with Coym, Rehmet & Gutierrez of Corpus Christi, Texas in the amount of $391,870 for the McBride Lift Station and Force Main Improvements for design, bid and construction phase services. This Motion was passed on the Consent Agenda. Enactment No: M2015-131 8. Resolution to approve repair and completion of preventative maintenance of the LED lighting system on the Harbor Bridge 9. Resolution finding that competitive bids are not required for procurement from Pfeiffer & Son, Ltd, and authorizing the City Manager, or designee, to execute an agreement with Pfeiffer & Son, Ltd. in the amount of $69,064.50 for the repair and preventative maintenance of the LED lighting system on the Harbor Bridge. This Resolution was passed on the Consent Agenda. Enactment No: 030685 Resolution authorizing the submission of a grant application to the Governor's office for the Defense Economic Adjustment Assistance Grant (DEAAG) program Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of up to five million dollars ($5,000,000) to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program. This Resolution was passed on the Consent Agenda. Enactment No: 030686 Corpus Christi Page 6 Printed on 12/3/2015 City Council Meeting Minutes November 17, 2015 10. Second Reading Ordinance - Rezoning Property located at 9001 Leopard Street (1st Reading 11/10/15) 12. Case No. 0915-07 City of Corpus Christi: A change of zoning from the interim "FR" Farm Rural District after annexation to the permanent zoning district of "IH" Heavy Industrial District. The property is described as being a 70.25 acre tract of land, described in Nueces County Deed Records by Warranty Deed Document # 2013016625, owned by SKB Acquisition Company, LLC (formerly Sam Kane Beef Processors) and located on the southwest corner of Leopard Street and North Clarkwood Road. Planning Commission and Staff Recommendation (September 23, 2015): Approval of the change of zoning from the "FR" Farm Rural District to the "IH" Heavy Industrial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by the City of Corpus Christi for property owned by SKB Acquisition Company, LLC (formerly Sam Kane Beef Processors), by changing the UDC Zoning Map in reference to a 70.25 acre tract of land, described in Nueces County Deed Records by Warranty Deed Document # 2013016625, from the interim "FR" Farm Rural District after annexation to the permanent zoning district of "IH" Heavy Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030687 Second Reading Ordinance - Accepting and appropriating State grant funds for the 16th program year of the Violence Against Women Act (VAWA) program within the Police Department (1st Reading 11/10/15) 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 $34,645.86 for the 16th program year of the Violence Against Women Act (VAWA) Program within the Police Department with a City match of $27,800.14 and an in-kind match of $5,520 from the No. 1020 Police General Fund; appropriating the $34,645.86 in the No. 1061 Police Grants Fund for the VAWA grant in the Police Department; and authorizing the transfer of $27,800.14 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $67,966.00. Corpus Christi Page 7 Printed on 12/3/2015 City Council Meeting Minutes November 17, 2015 13. 14. 15. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030689 Second Reading Ordinance - Accepting and appropriating grant funds for CPR training of graduating seniors within Corpus Christi Independent School District (CCISD) (1st Reading 11/10/15) Ordinance authorizing the City Manager or designee to accept a grant from NuStar Energy L.P. in the amount of $2,500 to support a joint pilot program between CCFD and CCISD to provide CPR training to all graduating seniors; and appropriating $2,500 from NuStar Energy L.P into the No .1062 Fire Grant Fund to be used specifically to purchase any equipment and/or supplies to directly benefit Fire Departments' CPR Pilot Program. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030690 Second Reading Ordinance - Reimbursement agreement for the construction of water arterial transmission and grid main line located along North Oso Parkway, east of Ennis Joslin Road and north of Wooldridge Road (1st Reading 11/10/15) Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with MPM Development, L.P., ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $79,747.60 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030691 Second Reading Ordinance - Closing a portion of a utility easement located east of Fort Worth Street and South of Campbell Street (1st Reading 11/10/15) Ordinance abandoning and vacating a 1,094 -square foot portion of an existing 10 -foot wide utility easement out of a part of Lot 1B, Hospital Tracts Subdivision, located east of the Fort Worth Street and south of Campbell Street; and requiring the owner, Driscoll Children's Hospital to comply with the specified conditions. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030692 Corpus Christi Page 8 Printed on 12/3/2015 City Council Meeting Minutes November 17, 2015 16. 17. Second Reading Ordinance - Appropriating funds to continue construction/safety enhancements/safety modification for Runway 17/35 at Corpus Christi International Airport (1st Reading 11/10/15) Ordinance appropriating $665,021 from the Federal Aviation Administration Grant No. 3-48-0051-049-2012 Amendment No. 1 in the No. 3020 Airport Capital Improvement Fund for the Runway 17/35 600 -ft Extension Displacement and Associated Taxiways and the Runway 13/31 Connecting Taxiway Projects; amending the FY2015-2016 Capital Budget adopted by Ordinance No. 030621 by increasing revenues and expenditures by $665,021 each. With a 10% match with Airport Fund Reserves. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030693 Second Reading Ordinance - Appropriating funds to continue construction/runway safety for Runways 17/35 and 13/31 at Corpus Christi International Airport (1st Reading 11/10/15) Ordinance appropriating $1,733,597 from the Federal Aviation Administration Grant No. 3-48-0051-050-2013 Amendments No. 2 and 3 in the No. 3020 Airport Capital Improvement Fund for Runway 13/31, 1,000 -ft extension displacement and connecting taxiways, reconstruct and expand north general aviation apron, reconstruct air carrier taxilane, extend Taxiway F, Runway 17/35, NAVAIDS site work, and Gate 10B projects; amending the FY2015-2016 Capital Budget adopted by Ordinance No. 030621 by increasing revenues and expenditures by $1,733,597 each. With a 10% match from the Airport Fund Reserves. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030694 18. Second Reading Ordinance - Approving the Proposed 2016 Annual Audit Plan (1st Reading 11/10/15) 19. Ordinance to approve the 2016 Annual Audit Plan This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030695 Second Reading Ordinance - Accepting and Appropriating Partial Reimbursement for Election Services Overbilling (1st Reading 11/10/15) Corpus Christi Page 9 Printed on 12/3/2015 City Council Meeting Minutes November 17, 2015 Ordinance accepting payment from Nueces County in the amount of $73,616.52 as partial reimbursement for election services overbilling and appropriating in the No. 1020 General Fund; changing the FY2015-2016 operating budget adopted by Ordinance 030620 to increase revenues and expenditures by $73,616.52. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030696 11. Second Reading Ordinance - Rezoning of seven newly annexed properties in Industrial District No. 1 (1st Reading 11/10/15) Case No. 0915-08 City of Corpus Christi: A change of zoning from the Interim "FR" Farm Rural District after annexation to the "IH" Heavy Industrial District. The properties to be rezoned are described as Tract 1: Being a 1.095 -acre tract of land, more or less, being out of a 34.54 acre tract out of Survey 421, Abstract No. 572 in Nueces County, Texas, such 34.54 acre tract recorded at Volume 1482, Page 1029, Deed Records of Nueces County, Texas owned by ABTEX Brinkerhoff Oil Company and said landlocked tract generally located between IH -37 and Hearns Ferry Road and east of Carbon Plant Road; Tract 2: Being a tract of land containing 42,000 square feet (0.96 acre) of land out of a 3.23 acre tract recorded in Volume 1722, Page 552 of the Deed Records of Nueces County, Texas, owned by Coastal States Petroleum and said landlocked tract generally located east of North Navigation Boulevard and north of Up River Road; Tract 3: Being a tract of land containing 25,185 square feet (0.58 acre) of land out of a 3.23 acre tract recorded in Volume 1722, Page 552 of the Deed Records of Nueces County, Texas, owned by Coastal States Petroleum and said landlocked tract generally located east of North Navigation Boulevard and north of Up River Road; Tract 4: Being a 0.095 acre tract of land situated in the Rincon Del Oso Grant, Nueces County, Texas and being out of that certain 6.985 acre tract of land described in a Warranty Deed to Valero Energy Corporation recorded in Volume 2327, Page 543, Nueces County Deed Records and owned by Coastal Liquids Partners, LP and said landlocked tract generally located east of North Navigation Boulevard and north of Up River Road; Tract 5: Being a 0.92 acre tract of land situated in the Rincon Del Oso Grant, Nueces County, Texas and being out of that certain 6.985 acre tract of land described in a Warranty Deed to Valero Energy Corporation recorded in Volume 2327, Page 543, Nueces County Deed Records and owned by Coastal Liquids Partners, LP and said landlocked tract generally located east of North Navigation Boulevard and north of Up River Road; Tract 6: Being a 0.187 acre (8,138.134 square feet) out of Lot 7-B of the Oak Lawn Subdivision as recorded in Volume 33, Page 63 of the Map Records of Nueces County, Texas and owned by Exxon Pipeline Company and located on the south corner of Buddy Lawrence Drive and Oak Park Avenue; and Corpus Christi Page 10 Printed on 12/3/2015 City Council Meeting Minutes November 17, 2015 Tract 7: Being a 0.25 acre tract of land out of Lot 7-B of the Oak Lawn Subdivision as recorded in Volume 33, Page 63 of the Map Records of Nueces County, Texas and owned by Koch Gathering Sys, Inc. and located between Oak Park Avenue and Buddy Lawrence Drive and north of Huisache Street. Planning Commission and Staff Recommendation (September 23, 2015): Approval of the re -zoning from the Interim "FR" Farm Rural District after annexation to the "IH" Heavy Industrial District on Tracts 1-7. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by the City of Corpus Christi for seven tracts of land described and owned as follows: Tract 1:. ABTEX Brinkerhoff Oil Co. (1.09 acres); Tracts 2 and 3: Coastal State Petroleum Co. (0.96 and 0.58 acres); Tracts 4 and 5: Coastal Liquids Partners LP (0.10 and 0.92 acres); Tract 6: Exxon Pipeline Co. (0.18 acres); and Tract 7: Koch Gathering Sys Inc. (0.25 acres), by changing the UDC Zoning Map in reference to the seven tracts encompassing 4.08 acres of land, more specifically described by City Council Ordinance 030640, from the interim "FR" Farm Rural District after annexation to the permanent zoning district of "IH" Heavy Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 11. City Secretary Huerta announced that Council Member Riojas submitted a conflict disclosure form and was abstaining on this item. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Magill. This Ordinance was passed on second reading with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 1 - Council Member Riojas Enactment No: 030688 Q. BRIEFINGS: (ITEM 35) 35. Development Services Customer Survey Results by Dr. Dan Jorgensen Mayor Martinez deviated from the agenda and referred to Item 35. Director of Development Services Dan Grimsbo stated that the purpose of this item is to provide an overview of the Development Services Customer Survey Results. Mr. Grimsbo provided the following information: a history of the Development Services Department; improvements made to the department over the last Corpus Christi Page 11 Printed on 12/3/2015 City Council Meeting Minutes November 17, 2015 three years; metrics on the number of permits and total inspections; and a sampling of customer testimonials. Dr. Daniel Jorgensen, Texas A & M University - Corpus Christi, provided an overview of the results of the 2015 Customer Survey of Development Services including a comparison with the same survey conducted in 2013. The survey gathered data on the respondents' overall experience, web access, the Early Assistance Program (EAP) and inspection services. The survey results included the following: a 75% or higher level of favorable attitudes across-the-board; an increased use of web access; more awareness and utilization of the EAP; and recognition of professionalism among the staff. In response to City Manager Ron Olson, Dr. Jorgensen stated that a 75% positive approval rating is about as good as can be expected. Council members spoke regarding the following topics: the strides made in the Development Services Department; regularly conducting a survey every two years; encouraging community awareness of the EAP; and training programs for customers. N. REGULAR AGENDA: (ITEM 27) 27. Resolution requesting Corpus Christi Regional Transportation Authority Forensic Audit Resolution authorizing issuance of a letter to the Corpus Christi Regional Transportation Authority requesting a forensic audit of the Corpus Christi Regional Transportation Authority's finances and accounting practices. Mayor Martinez deviated from the agenda and referred to Item 27. City Attorney Miles K. Risley stated that the purpose of this item is to authorize issuance of a letter to the Corpus Christi Regional Transportation Authority (RTA) requesting a forensic audit of the RTA's finances and accounting practices. Council Member Magill made a motion to amend the documents to remove the word "forensic", seconded by Council Member Garza and passed unanimously. Mayor Martinez called for comments from the public. John Bell, RTA Legal Counsel, stated that the RTA appreciates the amendment made to remove the word "forensic". The RTA was the victim of fraudulent activities by employees who set up a fictitious company and charged CNG parts to the RTA. The Corpus Christi Police Department is working on the case and requested that an audit be performed to confirm that the parts were not delivered or installed. Mr. Bell said the RTA has hired an outside auditor, Collier Johnson and Woods, to review whether there are material weaknesses in their processes and procedures. Mr. Bell stated that the RTA's financial information is very complete and available on their website. Mr. Bell explained that state law already requires that the audit findings be released to the Mayor and County Judge and can also be made available for public inspection. Mr. Bell said the RTA already has an Audit Committee comprised of board members and if any additional work is recommended in the audit, the RTA would consider the work if it is needed. Jorge Cruz-Aedo, CEO for the RTA, provided information on the completion of the financial audit report and findings regarding the management practices. Abel Alonzo, 1701 Thames, spoke regarding the Corpus Christi Page 12 Printed on 12/3/2015 City Council Meeting Minutes November 17, 2015 importance of public transportation and said he believes the City Council is over -stepping its bounds by requested an audit from another agency. Dorothy Spann, 502 Del Mar, asked the City Council to proceed with a forensic audit. Council members spoke regarding the following topics: the timeline for completion of the RTA's on-going audit; the RTA's initiative to hire an external auditor and continue to be transparent; communication with the City Council; the distinction between a forensic audit and a standard audit; the letter submitted to the Mayor by the RTA; that RTA and City of Corpus Christi's check registers be available on their respective websites; clarification on whether the letter from the City Council is requesting that the RTA conduct a separate audit in addition to the RTA's existing audit; creation of an audit review team to review the auditor's recommendations; communication with the City's board appointees regarding the request for an audit; and whether consideration was given to hire a different auditor than the RTA currently uses. Council Member Magill made a motion to approve the resolution as amended, seconded by Council Member Garza. This Resolution was passed as amended and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 030697 M. PUBLIC HEARINGS: (ITEMS 25 - 26) 25. Public Hearing and First Reading Ordinance - Street Closure for a portion of Hacala Street which is located east of Greenwood Drive, south of Frio Street and west of Martin Street Ordinance abandoning and vacating an undeveloped and unsurfaced 37,786 -square foot (0.87 acres) portion of a 60 -foot wide public right-of-way, as shown and dedicated by Plat of Los Encinos 10 Acre School Tract, a map of which is recorded in Volume 26, Page 63, Map Records of Nueces County, Texas, and requiring the owners, Corpus Christi Independent School District, and Seaside Builders, LLC to comply with specified conditions. Mayor Martinez deviated from the agenda and referred to Item 25. Director of Development Services Dan Grimsbo stated that the purpose of this item is to abandon and vacate a portion of a 60 -foot wide public right-of-way in conjunction with the future plat of Los Encinos. Mr. Grimsbo stated that staff is in favor of the ordinance. Mayor Martinez opened the public hearing. There were no comments from the public. A council member spoke in support of this item and the future development of the new school on this property. Mayor Martinez closed the public hearing. Corpus Christi Page 13 Printed on 12/3/2015 City Council Meeting Minutes November 17, 2015 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: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 26. Public Hearing and First Reading Ordinance - Rezoning Property Located at 6810 South Staples Street (FM 2444) Case No. 1015-01 Golden Real Estate and Construction Consulting Group, Inc.: A change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. The property to be rezoned is described as being a 12.00 acre tract of land deeded to Golden Real Estate and Construction Group, Inc., in document File No. 2012038800 Official Public Records Nueces County, Texas and being out of Lots 18, 19, 20, 29, 30 and 31, Section 11 of the Flour Bluff & Encinal Farm Garden Tracts, located approximately 850 feet east of South Staples Street (FM 2444) between Corsica Road and Timbergate Drive. Planning Commission and Staff Recommendation (October 21, 2015): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Golden Real Estate and Construction Consulting Group, Inc. ("Owner"), by changing the UDC Zoning Map in reference to a 12.00 acre tract of land deeded to Golden Real Estate and Construction Group, Inc., in document File No. 2012038800 Official Public Records Nueces County, Texas and being out of Lots 18, 19, 20, 29, 30 and 31, Section 11 of the Flour Bluff & Encinal Farm Garden Tracts, from the "RS -6" Single -Family 6 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. Mayor Martinez referred to Item 26. Director of Development Services Dan Grimsbo stated that the purpose of this item is to rezone the subject property to allow for the construction of a detached single-family subdivision. Mr. Grimsbo said 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. Corpus Christi Page 14 Printed on 12/3/2015 City Council Meeting Minutes November 17, 2015 Council Member Garza made a motion to approve the ordinance, seconded by Council Member Scott. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 O. FIRST READING ORDINANCES: (ITEMS 28 - 29) 28. First Reading Ordinance - Exemption from the Wastewater Acreage/Lot Fees for property located east of Flour Bluff Drive and north of Ramfield Road within the Flour Bluff Service Area Ordinance exempting the Layton Manor, Block 1, Lot 4 property located east of Flour Bluff Drive and north of Ramfield Road, from the payment of the wastewater lot/acreage fees under section 8.5.2.G.1 of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. Mayor Martinez deviated from the agenda and referred to Item 28. Director of Development Services Dan Grimsbo stated that the purpose of this item is to exempt the owner of Layton Manor, Block 1, Lot 4 from paying $7,902.13 in wastewater lot and acreage fees subject to execution of a Sanitary Sewer Connection Agreement. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 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 29. First Reading Ordinance - Accepting grant funds to benefit the Corpus Christi Fire Department's WebEOC Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $10,000 for the benefit of the City's WebEOC operations; and appropriating $10,000 from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grant Fund to purchase equipment, services, technical support and training for the Corpus Christi Fire Department's WebEOC. Mayor Martinez referred to Item 29. Fire Chief Robert Rocha stated that the Corpus Christi Page 15 Printed on 12/3/2015 City Council Meeting Minutes November 17, 2015 purpose of this item is to accept and appropriate a grant from the Coastal Bend Advisory Regional Council in the amount of $10,000 for the benefit of the City's WebEOC operations. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEM 33) Mayor Martinez referred to Future Agenda Item 33. A presentation was provided on the Wastewater Treatment Plant Consolidation Program Development. 33. Professional Services Contract for Wastewater Treatment Plant Consolidation Program Development Motion authorizing the City Manager or designee to execute a professional services contract with Stantec Consulting Services, Inc. of San Antonio, Texas in the amount of $1,427,186 for the Wastewater Treatment Plant Consolidation Program to develop a phased project implementation plan. This Motion was recommended to the consent agenda. L. EXECUTIVE SESSION: (ITEMS 20 - 24) Mayor Martinez deviated from the agenda and referred to the day's executive sessions. The Council went into executive session. Council Members Magill and Riojas abstained from the discussion on Item 21. 20. 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. 21. Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to economic development agreements, industrial district agreements, entities that are signatories to the City's industrial district agreements, annexation, and disannexation, and pursuant to Texas Government Code § 551.087 to discuss or deliberate regarding commercial or financial Corpus Christi Page 16 Printed on 12/3/2015 City Council Meeting Minutes November 17, 2015 information relating to some or all of the aforementioned matters and entities that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations and/or financial or other incentives involving said business prospect. This E -Session Item was discussed in executive session. City Secretary Rebecca Huerta announced that Council Members Magill and Riojas abstained from the discussion on this item. 22. 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. This E -Session Item was discussed in executive session. 23. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning litigation and other legal matters related to Municipal Court, including Nora Rodriguez v. City of Corpus Christi, Rene Mendiola, et al v. City of Corpus Christi, et al, Frances Rios v. City of Corpus Christi, et al, and Michael Cantu v. City of Corpus Christi; and Patrick Gonzales v. City of Corpus Christi, et al. This E -Session Item was discussed in executive session. 24. 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. P. FUTURE AGENDA ITEMS: (ITEMS 30 - 32 and 34) Mayor Martinez referred to the remaining Future Agenda Items. City Manager Olson stated that staff did not have any additional planned presentations. A council member requested information on Item 30. 30. Aviator Memorial Donation Agreement for Ropes Park Motion authorizing the City Manager or designee to execute an Corpus Christi Page 17 Printed on 12/3/2015 City Council Meeting Minutes November 17, 2015 agreement with NAS Corpus Christi Aviator Memorial Association for the donation and acceptance of the aviator statue made by Total Statue to be placed in Ropes Park. This Motion was recommended to the consent agenda. 31. Approval of a Developer Participation Agreement for the City's cost to extend Brooke Road located along Airline Road, east of Cimarron Boulevard and south of Saratoga Boulevard (SH 357) along Airline Road, south of Saratoga Boulevard (SH 357) and east of Cimarron. Resolution authorizing the City Manager or designee to execute a developer participation agreement with MPM Development, LP., ("Developer"), to reimburse the Developer up to $77,536.80 for the City's share of the cost to extend Brooke Road, in accordance with the Unified Development Code. This Resolution was recommended to the consent agenda. 32. Resolution authorizing the City Manager or designee to enter into outside city limit water contracts for properties in Nottingham Acres Subdivision Resolution authorizing the City Manager or his designee to enter into outside city limits water contracts, which is attached to this resolution and incorporated herein for all purposes, with property owners of up to 31 lots in the Nottingham Acres Subdivision to provide public water to their respective properties located outside the city limits pursuant to Section 55-113 of the City Code of Ordinances. This Resolution was recommended to the consent agenda. 34. Interlocal Agreement with Del Mar College for training services and facilities use Resolution authorizing the City Manager, or his designee, to execute an Interlocal Agreement with Del Mar College for the training of City employees and the use of Del Mar training facilities. This Resolution was recommended to the consent agenda. Q. BRIEFINGS: (ITEM 36) 36. Discussion of Plan CC Comprehensive Plan 2035 Mayor Martinez referred to Item 36. Executive Director of Utilities Mark Van Vleck stated that the purpose of this item is to provide an overview of the comprehensive planning process and the proposed Plan CC 2035 Comprehensive Plan. Mr. Van Vleck presented the following information: the Corpus Christi Page 18 Printed on 12/3/2015 City Council Meeting Minutes November 17, 2015 language in the City Charter requiring that the City Council adopt a comprehensive plan; hierarchy of the plans; a background on the last update to the Comprehensive Plan, area development plans, and master plans; the steps taken since the fall of 2013; a background of the selection process and award to Goody Clancy & Associates; the work performed; the creation of the Citizen Advisory Committee (CAC), community outreach, plan review, and production of reports; the documents that make up the Plan CC 2035 documents; the implementation process; and the proposed schedule. Council members discussed the following topics: the timeframe to receive briefings on the cost of services, fiscal impact and revenue strategies; commending the work performed by staff; extension of the proposed schedule to allow each council member to submit written comments and direction; allowing staff the flexibility to filter through the comments; and the deadline date for City Council to provide their written comments. MOTION OF DIRECTION Council Member Magill made a motion directing the City Manager to extend the timeframe for council members to submit written comments for 30 more days, (until December 17, 2015) and to convey all council members' written comments to the Planning Commission, seconded by Council Member Vaughn and passed unanimously. R. LEGISLATIVE UPDATE: S. ADJOURNMENT None. The meeting was adjourned at 7:40 p.m. Corpus Christi Page 19 Printed on 12/3/2015 City Of Corpus Christi ARTS & CULTURAL COMMISSION BOARD DETAILS OVERVIEW As, SIZE 9 Seats TERM LENGTH 3 Years TERM LIMIT 6 Years 1 Tess Allen (361) 826-3489 CONTACT rck DETAILS tessa@cctexas.com The Arts & Cultural Commission recommends the use, location, lease or purchase of works of art to be considered a part of the beautification or cultural development of the City; to advise owners of private property in relation to beautification of their properties; to prepare specifications for the maintenance of works of art and to inspect such work for the guidance of the City departments concerned; to advise with respect to the design of buildings, bridges or other structures on city property if submitted to the Commission; to study and evaluate the activities in and the uses made of the Bayfront Arts & Science Park, and to plan the Park's development for the future activities and uses. COMPOSITION Nine (9) members appointed by the Mayor subject to confirmation by the Council for three-year terms to provide advice on beautification and cultural development of the City. The Commission shall represent the following categories: (1) Marketing Representatives (1) Economic Development/Tourism representative; (1) Public Space/Public Art representative; (1) Youth/Education representative; (1) Performing Arts representative; (1) Visual Arts representative; (1) Architecture representative; (1) Higher Education representative; and (1) Business Development Groups/Corporate representative. The Commission may organize and elect a Chairman annually and adopt such administrative procedures as are necessary to accomplish its purposes. CREATION / AUTHORITY Sec. 2-100, Code of Ordinances. Ord. No. 8288 - 12-21-66; 8894 - 6-5-68; 9758 - 5-20-70; 19663 - 3-10-87; M89-0239 - 8-29-89; 20294 - 5-3-88; 20674 - 5-16-89. 023432- 9-8-98; 028819 10/26/10. MEETS 4:00 p.m., 2nd Tuesday of every month, City Hall, Basement Conference Room. TERM DETAILS Three-year staggered terms. DEPARTMENT Parks and Recreation Department Arts and Cultural Commission Members December 8, 2015 Four (4) vacancies with terms to 9-1-17 and 9-1-18 representing the following categories: 1- Economic Development/Tourism, 1- Youth/Education, 1 - Marketing, and 1 - Visual Arts. (Mayoral appointment subject to Council Confirmation.) Name Cathy Harrison Board Name tatu District End D.te C. te_o ARTS & CULTURAL COMMISSION Seeking reappointment District 4 1 09/01/15 Economic Dev./ Tourism District 2 2 09/01/17 Youth/Education ARTS & CULTURAL COMMISSION Seeking reappointment District 1 1 09/01/15 Marketing Patricia Reinhardt-Mondragon ARTS & CULTURAL COMMISSION Resigned Stephen Rybak Inmph Cncsank ARTS R. CULTURAL COMMISSION Met six-year term limitation District 4 2 09/01/15 Visual Arts 111111111E Member 78% 7/9 meetings Member Member 78% 7/9 meetings vire-rhwir Carla Gardiner ARTS & CULTURAL COMMISSION Active District2 1 09/01/16 Performing Arts Member Paul Duke ARTS & CULTURAL COMMISSION Active District5 2 09/01/17 Architecture Member Brad Kisner ARTS & CULTURAL COMMISSION Active District 4 2 09/01/17 Higher Education Chair Dianna Sherman ARTS & CULTURAL COMMISSION Active District 4 2 09/01/16 Public Art/ Public Space Member Sean Mintz ARTS & CULTURAL COMMISSION Active District 4 1 09/01/16 Business Dev. Groups/Corporate Rep. Member Name 3 ARTS AND CULTURAL COMMISSION APPLICANTS December 8, 2015 Ern •b er Work Address PM II I Work Phone Cete_ories Priscilla Alvarez Sarah Coles ARTS&CULTURAL COMMISSION District 5 ARTS & CULTURAL COMMISSION District 2 Corpus Christi Museum of Science and History 1900 N. Chaparral 3301 Casa de Amigos 1814 Ennis Joslin Road Michelle Crawford-Sapenter ARTS & CULTURAL COMMISSION District 2 ExcelMarketing-Texas John Garcia Heather Guajardo Cay Layton Sara Sells Morgan Laura Petican Shelly Rios Joshua Salines Kirsten Schaffer Madeline Schmidt Sharon Sedwick Jennifer Seymour David Watson Lod Wille ARTS & CULTURAL COMMISSION District 1 Comfort Suites ARTS & CULTURAL COMMISSION District 4 ARTS & CULTURAL COMMISSION District 4 ARTS & CULTURAL COMMISSION District 4 ARTS & CULTURAL COMMISSION District 4 ARTS & CULTURAL COMMISSION District 4 ARTS & CULTURAL COMMISSION District 2 ARTS & CULTURAL COMMISSION District 5 ARTS & CULTURAL COMMISSION District 1 ARTS & CULTURAL COMMISSION District 5 ARTS & CULTURAL COMMISSION District 4 ARTS & CULTURAL COMMISSION District 4 ARTS & CULTURAL COMMISSION District 4 Self -Employed Art Museum of South Texas Texas A&M University -Corpus Christi Casa Mod Corpus Christi ISD KRIS Communications Sterling Personnel, Inc. A Different Idea, Inc./Newton Mfg. Self -Employed Texas O&M University - Corpus Christi 402 Coral Place 1902 N. Shoreline Blvd. Youth/Education Corpus Christi TX 361-826-4661 Youth/Education Corpus Christi TX 361-218-5445 Economic Development/Tourism and Marketing Corpus Christi TX 361-991-7100 Economic Development/Tourism Corpus Christi TX 361-442-0180 Corpus Christi TX 361-825-3502 6300 Ocean Drive, Center for Arts, 208 Corpus Christi TX 361-825-5752 1307 Ayers 1707 Ayers 301 Artesian Street Corpus Chisti TX 361-850-0606 Corpus Christi TX 361-878-2780 Corpus Christi TX 361-884-6666 Marketing Youth/Education Visual Arts Economic Dev./Tourism, Visual Arts and Youth/Education Marketing, Visual Arts and Youth/Education Youth/Education Marketing 3833 S. Staples St., Ste. 6103 Corpus Christi TX 361-854-5151 Marketing 4455 South Padre Island Dr., Ste. 47 Corpus Christi TX 361-814-8193 Economic Development / Tourism and Marketing Marketing and Visual Arts 5813 Hugo Dr. Corpus Christi TX 361-774-2737 Visual Arts 6300 Ocean Drive - Natural Resources C Corpus Christi TX Marketing and Visual Arts BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Sep 17, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Priscilla Alvarez Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION Street Address Suite orApt ■ City State District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone Employer Job Title WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State Postal Code WorkAddress - Zip Code Work Phone prisalvarez13@gmail.com Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) Involved in 4 different PTAs for 4 different schools. Registered Voter? QYes No Current resident of the city? DYes No 35 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Female Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to ARTS & CULTURAL COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Youth / Education BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Sep 16, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Sarah E Prefix First Name Middle Initial Email Address Coles Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION Street Address Suite orApt ■ City State District 2 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Business: (361) 826-4661 Primary Phone Corpus Christi Museum of Science and History Employer 1900 N. Chaparral WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City TX WorkAddress - State 78401 Alternate Phone Education Director Job Title Postal Code WorkAddress - Zip Code 361-826-4661 Work Phone sarahc@cctexas.com Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not. Education, Professional and/or Community Activity (Present) I have a BA in history from the University of Alabama at Birmingham, a MEd in curriculum and instruction from Boston College, and a MALS with an emphasis in Middle Eastern studies from The University of Miami. I have taught in the classroom as well as having been in the museum education field for almost 15 years. Currently I am involved in several community groups. I am helping to head up the Little Free Libraries project with Corpus Christi Metro Ministries. In addition I am currently an intern and training to become a Texas Master Naturalist with TPWD and Agri -Extension. I also volunteer at the Corpus Christi Food Bank. I am an active member of my church Fellowship of Oso Creek as well. Registered Voter? QQ Yes No Current resident of the city? QQYes No 2.5 If yes, how many years? resume.docx Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Female Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to ARTS & CULTURAL COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Youth / Education Sarah Coles Profile • Masters Educated Education professional • Experience in teaching at various age levels and ability levels • Excel in curriculum and lesson plan development • Proven mentor and communicator Education University of Miami Masters of Liberal Studies — GPA 3.85 Boston College Masters of Education with specialty in Curriculum and Instruction — GPA 3.728 • Phi Delta Kappa University of Alabama at Birmingham B.A. in History — GPA 3.28 • Golden Key Society • National Deans List Dec 2012 May 2007 Dec 2004 Experience Education Director — Corpus Christ Museum of Science and History, Corpus Christi, TX May 2013 -Present • Oversee and manage the day to day as well as long term workings of the education department. This includes school programs, family programs, teen programs, adult programs and other special events. • Plan School and Family Programs. Create programing for groups who visit the institution, both in the forms of structured tours and informal gallery experiences. These programs are created to engage the visitors in the space and with STEAM techniques and curriculum. • Design, curate and install exhibitions for temporary and traveling gallery spaces. • Create weekly bell-ringers for teachers in both science and history. • Implement and enforce budgets and procedures. • Form strategic partnerships with other institutions in the Corpus Christi and Coastal Bend area. • Collect and maintain a teaching collection. • Assist in the creation of interactive learning experiences throughout the galleries. • Create camp curriculum and run day and summer camps throughout the year. • Grant writing and program development. Work with teams both within the museum and other in other institutions to write grants and the implementation thereof. • Lead Tours. • Handle live animals for educational programs. School Programs Manager — HistoryMiami (formerly Historical Museum of Southern Florida), Miami, FL March 2010 -May 2012 • Created Curriculum. Wrote scripts for educators, worked closely with teachers to create experiences for their students in the museum's galleries, created activities to engage children in the gallery spaces, created visitor guides, and helped create visitors galleries. • Manager of the Museum Magnet program with HistoryMiami and five MDCPS schools. This program was set up to help improve five underserved schools in Miami -Dade County. In the eight years the program has existed the schools have consistently shown improvement through our work with the students and teachers. • Historic Site Visits Program Coordinator. This grant funded program allowed students from MDCPS to visit the museum, and an historic site and create a book about their experiences. • Scheduled School Groups. • Make Miami History Now Coordinator. Created a question of the week in the Miami Herald and edited the Miami Stories portion of the Neighbors section. • Volunteer and Intern Coordinator. • Accessibility Coordinator. • Maintained teaching collection. • Led tours. US History Teacher — Hueytown High School, Hueytown, AL Aug 2008 -June 2009 • Taught two US 10 classes, two US 11 classes and one ACT Prep class • Wrote units and lessons for all of United States history from Pre -Colombian history to World War II. • Created interactive and varied lessons that addressed all learning styles. • Created accommodations for students on IEPs and helped plan many BBSST plans. Substitute Teaching — Hoover City Schools, Hoover, AL • Taught a variety of classes for grades nine through twelve Full Practicum — Newton North High School, Newton, MA Admissions Ambassador, USS Constitution Museum, Boston, MA Aug 2007 -Jun 2008 Jan 2007 -May 2007 Apr 2006 -Dec 2006 • Greeted visitors as they entered the museum. • Worked with the interpretive staff helping to make guest visits as educational as possible. • Arranged group visits and field trips. Curriculum Development Volunteer, Miami Science Museum, Miami, FL April 2010 — June 2010 • Helped create curriculum for IMPACT summer camp. Museum Docent, Vulcan Park • Conducted tours for elementary school children. • Assisted other guests as needed. Professional Organizations and Activities Texas Children in Nature — Chair Texas Association of Museums American Alliance of Museums Volunteer and Community Involvement Fellowship of Oso Creek • Promise Land 1St and 2nd Grade teacher — Spring 2014 -Present • Curator Photizo Art Show — Fall 2015 Texas Master Naturalists • Intern - Fall of 2015 Corpus Christi Food Bank • Packing Volunteer — Fall 2014-Presebt Corpus Christi Metro Ministries • Little Free Libraries Project — Summer 2015 -Present Burrow Book Club • Member — Fall 2013 -Present Curricular Techniques Object Based Learning Inquiry Based Learning Understanding by Design Visual Thinking Strategies Universal Design for Learning Zot Arts certified Feb 2005 -Jul 2005 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Sep 30, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Michelle D Crawford-Sapenter Prefix First Name Middle Last Name Initial Email Address Suffix Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION Street Address Suite orApt ■ City State District 2 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone ExcelMarketing-Texas President/CEO Employer Job Title 3301 Casa de Amigos WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City Texas WorkAddress - State 78411 Postal Code WorkAddress - Zip Code 361-218-5445 Work Phone excelmarketing-texas@live.com Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: As a business owner, while I do not currently serve on either of the city centered boards, I am a concerned Texas, American citizen and have long pondered the possibility of working with the city to create opportunities as well as engage in the effort to establish economic rejuvenation and resiliency within the Nueces County area. Education, Professional and/or Community Activity (Present) I began higher education here in Corpus Christi at Del Mar College. My experience with Del Mar was short lived and I soon traveled to San Antonio studying Radio Television and Film at San Antonio College. Incidently, one of my class mates, with whom I became quite friendly, was Howard Stern. !happens, also, that the Dean of the College of Communications at S.A.C. took on the chief administrative position at NBC, and at that time, Dr. Chuck Wright became the General Manager at NBC. From a grand experience at S.A.C. I studied basics at St Philips College, San Antonio and thereafter proceeded in studies in Marketing having also attended TexasA and M . Finally, I engaged in the studies of Economics and Public Administration in Washington D.C. at the University of the District of Columbia. Registered Voter? QQ Yes No Current resident of the city? QQYes No 12 If yes, how many years? Page _1_of 5.docx Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. African American Ethnicity Female Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) Question applies to ARTS & CULTURAL COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Economic Development / Tourism ® Marketing ® Business Development Groups / Corporate Representative ® Performing Arts (music, dance, drama, film) Page 1 of 5 Michelle D. Crawford-Sa i enter Michelle Crawford-Sapenter, I am 58 year of age and a graduate of Roy Miller High School, 1975 and an attendee at Del Mar College, 1976. As the President and CEO of Excel Marketing - Texas formerly using the diacritical marking, Excel Market Trends, I engage in administrative leadership emphasizing the growth of the company. Plans for growing the company will include the operation of various departments associated with the production and marketing of original products—the maj ority of which are household—in addition to providing a multi -media facility to partners and advertisers as Excel Marketing -Texas is, also, prepared to extend an artery of the company's activities and interests to interactive responsibility encompassing an effort of growth through regional economic development proj ects Experience Excel Marketing -Texas President/CEO 1998 to Present Owner /Operator of a marketing, advertising and consultancy company. Responsibilities extend beyond business to business services, reaching into the directing and development of programs that impact upon the immediate economy. Responsibilities encompass the creation and development of plans, strategies, programs and policies that move the company forward. The best plan for developing a quantum company is in assigning talented individuals to executive positions—in each instance, executives serve as appendages of the central nucleus of the company body—the extra added arms and legs of the company owner. Commissions are assigned as a result of new market operations and new ideas may be discussed during session in which executives and directors of departments gather at intervals throughout each business quarter. As President of the company, the multiple areas of interest and concern involve how the company interacts with the community it serves. One of the greatest plans established by Excel Marketing -Texas includes a project that reaches into the community to provide for the historically unemployed groups through a program entitled JOT, Jobs of Tomorrow. In addition to JOT, the company has established an apprenticeship initiative that has stemmed a similar operation through the U.S. Department of Labor, 2015 Excel Marketing -Texas has implemented a plan to increase available and fillable j obs via the DAARRE Initiative Proj ect working in direct connection to the U.S. Department of Justice. The responsibility of a company conducting a social change seeking platform are extensive and ever increasing. The plans for implementing initiatives will continue to be effected by society and the economy, however, will, also, continue to be fused into the plans of business operations . US Postal Svc. Mail Clerk Oct -Dec., 1990, June -Sept, 1991 Casual mail clerk responsibilities involved handling US postal items; mail forwarded by the public to locations across the U.S and around the world. The position held was titled, `pitcher' and duties included categorizing, sorting and depositing mail items into post office boxes and zip codes. C ITGO Auditor May1982-March 1983 (Defunct) The j ob involved the detailed circumscription of a number of retail outlets owned by CITGO. Auditing of retail establishments involved the accurate calculation of inventories to include capital and assorted income sources. As a member of a team of 4 each audit was conducted on location and data recorded electronically as quantitative reports were, thereafter, relayed to the corporate administration. The tasks of auditing can be quite demanding and included extensive travel to service approximately 20 stores throughout the division. Page 2 of 5 C ITGO Assistant Manager April 1981 -Oct 1982 Management within a retail establishment involved basic retail environment responsibilities and extended to such duties that included providing a response to staff, *preparing scheduling, purchasing according to budget perimeters, developing band deposits, *recording pertinent information to administrators, *overseeing audits, training and overseeing the training of new staff, operating and learning to operate new equipment, Roger's Cablesystems Sales Contractor May 1984-Nov.1985 Direct sales conducted independent of direct supervision. Sales and servicing of accounts of new and existing customers. Responsibilities included handling moderately sized sums of capital per new accounts. Duties involved handling new and existing office equipment, computers, modems; etc. Contacting customers by telephone and direct in public was, also, an essential component to conducting successful sale as much as managing existing and establishing new accounts. Education History University ofthe District of Columbia, Washington, DC Studies of Inside of 40 Hrs, Economics /Public Administration Jun 2005 Texas A& M University. Corpus Christi, Tx Studies of inside of 30 hrs, Marketing Dec 2003 St Philips College, San Antonio, Tx Associate of Arts, Liberal Studies Jul 1987 San Antonio College, San Antonio, Tx Associate of Arts, Radio Television Film Production May 1979 Page 3 of 5 SKILLS Studies in a Radio Television Film production, marketing and economics have resulted in an expansive spectrum of knowledge and skills base, both technical, circumscribed and imperical. As well as possessing skills in television production in all areas of television including commercial development and production, skills are , also, in radio production --all areas of aural communications with the exception of managing transmitter equipment. Skills also included are those that are particular to film writing --as in screen play writing --script production and as a producer, executive producer, creative producer and producing in an entertainment, supervisory and contributing producer capacity and film editing: Page 4 of 5 News Editing and other skills include news production, news writing , news entertainment development, creative news production for print, television, radio and online. Television skills include the production of television styled programming, formatting, general program and program directing, general management, producing for television broadcasts to include the development and creation of programs to be broadcast and includes editing, sales and marketing. Radio skills include general management, development of programming, general programming, formatting, sales, planning, strategy, research and development for advertising, commercial production including typography and message line development, general management, marketing and other associated essential skills for engaging in the operation of an aural communications facility. Business skills , also, encompass planning for businesses; consultancy, quantitative plan development and preparation systems and proj ect development and program planning and strategic development efforts, research of economies, economic planning and development including business, government, municipalities. Included in the skills reservoir is the efforts of implementation of plans for and performing of research and development of resolutions associated with community development including a broad spectrum of research and socioeconomic planning that encompasses social change, growth and stability. Page4of5 Professional Summary My plans for the future contain a vision of springs that unfold to a new horizon that results from cutting out a new path that leads to the uplifting of the lowest rung in American society. Without question, the road to prosperity in American cannot be paved by one person, nor one company, nor one city. The road to prosperity for Americans can be an interstitial boulevard opened by 1 concerned individual after another who dare to dream and , thereafter desire to engaged in the implementation of those dreams to the extent that even they are developed into fruition. One man who dared to dream invented and flew an aircraft. That dream remains a reality throughout the world, today. One young child dreamed of seeing children living and playing together. His dream resulted in a proclamation we now refer to as the civil rights laws, stapled within the U.S. constitution. Another young man dreamed of becoming the first black President. President Barack Obama is no longer dreaming, his quest to follow his star becoming a reality. I often say that dreams for the future are not something that only occurs during the time that people sleep. Dreams are god's way of advancing the world, when we believe and have faith in their reality. Including establishing an economic plan that may impact on a broad spectrum of the U.S population, it is the long endured desire to knead the fibers of cities that are historically underdeveloped and appear to be teetering on the edge of economic decay. Plans for revitalizing municipalities that have fallen beneath the level of production that situates their economies in a position that can render them as not being viable, the urgent need to breath life into these regions is paramount. The reality is that revitalization is possible and can become a reality in hundreds of cities in the U.S. that are currently experiencing population shrinking that results from economic decay. The approach to resolving the problem with municipal decadence is found in a number of areas of economic resolve including * establishing a performing arts facility to facilitate the education of children and adults to such extent that each group is equipped with the skills necessary for performing in stage , film and television productions. The facility, called ARPAC is designed to implement plans for producing skills in acting, dance, music and essential skills associated with stage and screen production development. ARPAC will work in connection to the DAWCKINS Foundations, a non-profit organization that will provide for the comprehensive implementation of ARPAC agenda including that which may involve classroom learning. Other areas of development may involve * the creation of j obs through production * the establishment of viable production facilities * increasing business entities within the municipality, thereby adding to the population geographic * raise the wage level among unskilled and skilled laborers * follow through with a CLEAN THE STREETS effort in addition to the Round -Up proj ect plan to provide assistance of a specific and previously planned type to the homeless. Plans for the City of Corpus Christi are aligned within the scope of proj ects established in these measures. It is the hope that the opportunity to engage in the implementation of these proj ects should the j ob as an arts division facilitator be awarded. I am wholly devoted to extending a hand that will serve to add visible improvement to the City By The Sea, Corpus Christi, Texas. 5 of 5 Michelle D.pdf Displaying Michelle D.pdf. BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Sep 21, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile John Garcia Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION, CORPUS CHRISTI CONVENTION & VISITORS BUREAU, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY TRANSPORTATION ADVISORY COMMISSION Street Address City District 1 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Business: (361) 991-7100 Primary Phone Alternate Phone COMFORT SUITES DIRECTOR OF SALES Employer Job Title 1814 ENNIS JOSLIN ROAD WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78412 WorkAddress - Zip Code 361-991-7100 Work Phone johngarciasales@gmail.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SEE ATTACHED RESUME Registered Voter? QQYes No Current resident of the city? QQYes No 38 If yes, how many years? GARCIA.pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. (Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® (Agree swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) Question applies to ARTS & CULTURAL COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Economic Development / Tourism JAN -06-2015 06:44 From: To :8263113 John Garcia John Garcia has been active in the hospitality industry for 19 years. 13o Christi, Garcia's first opportunity arose when he started at the Rama Conference Center in 1997. This experience adds supplemental fatnilia sales, hospitality, and strong community involvement. During his first 6 y he became a member of numerous organizations: Corpus Christi Ch (Ambassador), Corpus Christi Hispanic Chamber (Embajador). Hospi Association (Vice President, 2004) (HSMA Member of the Year 2004 Festival (Committee member) Dress for Success Volunteer; Transportatio Board member; NAACP Banquet Committee member. Corpus Christ Association member, Crirl Scouts of South Texas, Westside Business As the Corpus Christi Transportation Advisory Board. John also accomplished a graduate, certification course from the Carnegie. Garcia's experience as Sales Manager gave him an opportunity industry. In June 2003. he became Director of Sales & Marketing at the R Hotel on McBride Lane and Interstate 37. In April 2005 an opportunity Christi Convention Visitor Bureau as Destination Sales Manager for the s for the city. Is currently Director of Sales for a couple hotels in the great • John holds a great appreciation for the power of community, and his cont support is evident in his work performance Page:2'6 and raised in Corpus a Inn Bayfront & ity with conventions ars at the Ramada Inn. ber of Commerce lity Sales Marketing . and Harbor Lights Advisory Committee Greater Hospitality ociation member and estigious Dale o advance in the hotel ada Limited Airport arose at the Corpus oris & Mexico market r Corpus Christi area. need involvement and BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Feb 26, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Heather Guajardo Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION Street Address Suite orApt ■ City State District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone Employer Job Title WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State Postal Code WorkAddress - Zip Code Work Phone Work E-mail address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) GRADUATE OF W.B. RAY HIGH SCHOOL- TOP 10% OF CLASS, NATIONAL HONOR SOCIETY PRESIDENT OF FRESHMAN COUNCIL. VOLUNTEER AT YWCA, SALVATION ARMYAND THE WAY INN. THREE MONTH DIGITAL MEDIA INTERNSHIP AT FIRST BAPTIST CHURCH IN UVALDE, TEXAS CURRENTLYA FRESHMAN AT DEL MAR COMMUNITY COLLEGE MAJORING IN DIGITAL MEDIA ACTIVELY INVOLVED IN BAPTIST STUDENT MINISTRY Registered Voter? QYes QQNo Current resident of the city? QQYes No 18 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to ARTS & CULTURAL COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Marketing BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Sep 21, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Cay H Prefix First Name Middle Initial Email Address Layton Last Name Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION Street Address Suite orApt ■ City State District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone self Employer 402 Coral Place WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City Texas WorkAddress - State 78411 private teacher Job Title Postal Code WorkAddress - Zip Code 3614420180 Work Phone cay.layton©gmail.com Work E-mail address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) I recently retired from teaching full time. Currently I belong to a study club and an adventure club. My recent interests have been in self education: arts - specifically craft for hobby , photography, writing - development of short stories, and music - learning a software program for composing; teaching private piano lessons. Registered Voter? QQYes No Current resident of the city? QQYes 0 N 40 If yes, how many years? Cay_Layton.docx Upload a Resume Service_records_and certificates.docx Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Female Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. (Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® (Agree Oath swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to ARTS & CULTURAL COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Youth / Education Cay Layton Summary of Qualifications With the exception of secretarial work, my career of 34 years + has been in the educational field and artistic endeavors relating to education. Besides teaching, I have been in the position of directing, adjudicating, and troubleshooting musical and artistic projects from beginning to end. Superiors, partners, students and co-workers would say that I am a prompt, organized, creative worker who follows through with any project in a gracious, easy going, but thorough way. Professional experience 1975 - 2015 Teacher: Calallen ISD, St James Episcopal School, CCISD * Corpus Christi, Texas • Magee Elementary: Music classes grades 1 — 5 • Weldon Smith/Blance Moore Elementaries itinerant: General Music classes for adaptive ed students, pre -Kinder through— 5th grade; • Fannin Elementary: grade 2 regular classroom • Montclair Elementary: grade 4 regular classroom • St James: Preschool exclusively for ages 3 and 4; • Wynn Seale Academy of Fine Arts: Piano Classes for middle school • Miller High School: Piano Classes, Choir Accompanist • At home, private studio Besides teaching content successfully with ages 3 - adult, students participated in programs that I created, developed, staged, managed, and showcased, in all of the classes above. Often, the programs involved a combination of the arts, and I was able to collaborate with other artists. In my piano classes, students participated in district and region UIL competitions, receiving superior and excellent scores . Using the PBL model (project based learning), students were guided through the research, creation and production facets of delivering knowledge of their talents and knowledge. I was involved with curriculum writing for piano on the middle school level. At WSA, I was involved in costuming and working with children during the summer Young Artists' Cultural Workshops. These workshops were created and taught by a team of professional artists . This was a city-wide outreach with a culminating presentation on a grand scale. The students researched, created and performed music, art, theater and dance of a specific country or time period. Director: The below mentioned director jobs were in addition to teaching full time: Church of the Good Shepherd Sunday School director: Duties included securing teachers for children's classes, purchasing and organizing materials for classes, teaching classes; co -directing vacation bible school—its program/volunteers/activities/materials; creating pamphlets of information for programs available to parishioners, being available for hands-on activities and help with/lead any programs during the week such as youth group, family activities, Lenten programs, all holiday programs. *As a volunteer there, I directed the Christmas Pageant for 12 years. This involved creating the script, the organization of costumes, materials, and music, delegating responsibilities to volunteers, working with musicians, lighting pros and 100+ children ages nursery through high school, and guiding `actors' on performance. Acolyte Director: training and scheduling ofyouuth acolytes, seeing to care of all materials used with the church services and garments worn by acolytes. Texas A & M Corpus Christi Working with the theater department, I was invited to be the musical director for the musical, `HAIR'. Duties included creating a band, rehearsal band members as well as teach the songs and rehearse the performers in this musical, securing equipment, designing set with set director, directing the band and performing. Secretarial work These short time positions were held during college, between certifications. SWTSU: (1974) secretary to Dean of Accounting, Computer Science, Economics and Finance Keys, Russell, Seaman and Mansker: (1977-1978) legal secretary to associates Duties for both were to mainly handle appointments, calls, correspondence. In the law office, I also created legal documents, made research calls, and was a witness for the Notary. Education Bachelor of Music Education — SWTSU (Now Texas State University) All -Level Certification 1971 - 1975 Certification in Regular Classroom — CCSU (Now Texas A & M Corpus Christi) Grades 1 — 8 1978 Orff Schulwerk — Texas A & M, Kingsville 1993, 1994, 1995 (summers) Levels I, II and III of Orff-Schulwerk, which is a specialized method of teaching children music. Project Based Learning — CCISD 2011 — 2013 Through a government grant, I was trained in the PBL model for the creation of Metro Elementary and Metro Prep, also used in Miller HS. BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Aug 19, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Sara Sells Morgan Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION Street Address Suite orApt ■ City State District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Business: (361) 825-3502 Primary Phone Alternate Phone Art Museum of South Texas Assistant Director Employer Job Title 1902 N. Shoreline Blvd. WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City Texas WorkAddress - State 78401 Postal Code WorkAddress - Zip Code 361/825-3502 Work Phone sara.morgan©tamucc.edu Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I am not serving on any City boards, commissions or committees at this time. Education, Professional and/or Community Activity (Present) I hold BA in Art History from the University of California, Santa Barbara. I have served on or worked with the following boards: CASA, Kappa Alpha Theta, Church of the Good Shepherd Vestry, Ronald McDonald House, Charity League, Trustee of the Art Museum of South Texas, Coastal Bend A.I.D.S. Foundation, Camp Aranzazu Registered Voter? QQYes No Current resident of the city? QQYes No 25 If yes, how many years? Sara Sells Morgan Resume.pdf Upload a Resume El !Agree Board -specific questions (if applicable) Question applies to ARTS & CULTURAL COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Visual Arts (painting, sculpture, arts media) ® Public Art / Public Space Sara Sells Morgan Education B.A., Art History, 1986 University of California, Santa Barbara Employment August, 2012 — Present Art Museum of South Texas Assistant Director • Coordinate Board of Trustee meetings • Serve as staff liaison to Board committees • Oversee financial records --track, monitor, submit and approve documents for departmental budget. Oversee taxes, invoices and donor related reports. • Review and prepare monthly financial reports for management and Board • Provide information and schedules for audits • Assist with government and grant reporting • Provide information and financial data for Finance Committee • Coordinate insurance requirements • Supervise and coordinate fundraisers, opening receptions, and other special events • Supervise and coordinate general office, facility and gift shop operations • Serve as staff liaison to TAMU-CC in areas of finance and administration, providing reports and information as requesting • Responsible for staff performance evaluations and maintaining personnel records according to TAMU-CC rules and regulations • Assist Director as assigned • Responsible for all operations of Art Museum of South Texas in the absence of the Director 2009- 2012 Texas A&M University -Corpus Christi Stewardship Coordinator • Includes planning and execution of all donor recognition and stewardship efforts for Institutional Advancement • Coordinate all aspects of Distinguished Speaker Series semi-annual event • Coordinate annual President's Council Art Competition and Reception • Preparing department and event budgets • Prepare and review annual departmental and event reporting • Prepare and monitor donor appeals • Supervises Event Coordinating staff • Advisor for the Student Foundation Association Sara Sells Morgan 2001-2009 Morgan Financial Services Customer Services Representative/Office Manager • Provided customer service for clients • New policy processing • Office Manager—duties included accounts receivable/payable, hiring, supervising 1992-1996 Collections Corpus Christi Editor — local, quarterly fashion publication • Writer • Graphic Designer • Ad Sales 1990-1992 Art Museum of South Texas Special Events Coordinator • Oversaw all aspects of museum's special events, including fundraisers, festivals, openings, etc. 1989-1990 James Gallery, Houston, Texas Art Consultant • Served as Art Consultant for U.S.A.A. National Headquarters in San Antonio. Purchased work for the Executive Offices, Executive Dining Room and common areas • Oversaw commissioned purchases and installations for public spaces 1987-1989 L.A. Louver Gallery, Venice, California Office Assistant for the Gallery Director • Coordinated gallery openings and events • Art Sales 1986-1987 Rogow and Bernstein, Los Angeles, California Project Manager — Museum Exhibit Design Firm • Worked closely with design staff and museums to coordinate execution and installation of museum exhibits BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Oct 11, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Dr. Prefix Laura First Name Email Address A Middle Initial Petican Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION Street Address Suite orApt ■ City State District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone Texas A&M University -Corpus Christi Employer 6300 Ocean Drive, Center for Arts, 208 WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City Texas WorkAddress - State 78412 Assistant Professor and Galleries Director Postal Code WorkAddress - Zip Code 361-825-5752 Work Phone laura.petican@tamucc.edu Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Education, Professional and/or Community Activity (Present) Education: BA, Visual Arts, Western University, London, Ontario, Canada MA, Art History,Western University, London, Ontario, Canada PhD, History and Theory of Art, Jacobs University Bremen, Germany Post - Doctoral Fellowship, Western University, London, Ontario, Canada Professional/CommunityActivity: Assistant Professor, Texas A&M University -Corpus Christi, Department of Art Galleries Director, Weil Gallery and Islander Art Gallery, Texas A&M University -Corpus Christi Registered Voter? QYes No Current resident of the city? QQYes No 2 If yes, how many years? Petican-CVOctober 2015.pdf Upload a Resume Petican-Letter of Interest.docx Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Female Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. (Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® (Agree Oath swear that all of the statements included in my application are true and correct. El !Agree Board -specific questions (if applicable) Question applies to ARTS & CULTURAL COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Visual Arts (painting, sculpture, arts media) ® Public Art / Public Space ® Youth / Education ® Higher Education ® Architecture ® Economic Development / Tourism Laura Alice Petican, PhD Academic Posts 2014-15 Assistant Professor and Galleries Director Texas A&M University -Corpus Christi, Texas 2013-14 Visiting Assistant Professor and Galleries Director Texas A&M University -Corpus Christi, Texas 2010-12 Postdoctoral Fellow — Social Sciences and Humanities Research Council of Canada University of Western Ontario, London, Canada 2010-12 Adjunct Assistant Professor University of Western Ontario, London, Canada 2009-10 Lecturer University of Western Ontario, London, Canada 2004-07 Co -Instructor Jacobs University Bremen, Germany 2000-02 Teaching Assistant University of Western Ontario, London, Canada Education 2010-12 Postdoctoral Fellow, University of Western Ontario (UWO), London, Canada (fellowship awarded by the Social Sciences and Humanities Research Council of Canada — SSHRC) Project: `Strings Attached: Contemporary Italian Art and the Persistence of the Baroque' Advisor: Professor Dr. John G. Hatch 2009 PhD in Art History, Jacobs University, Bremen, Germany Dissertation: 'Arte Povera and the Baroque: Building an International Identity' Advisor: Professor Dr. Isabel WOnsche 2003 MA in Art History, University of Western Ontario, London, Canada Thesis: The Persistence of the Baroque Mentality in Arte Povera' Advisor: Professor Dr. John G. Hatch 1997 BA Honours in Visual Arts, University of Western Ontario, London, Canada Areas of Specialization: Studio practice (painting) and Twentieth -Century Art History 1996 University di Siena, Italy/University of Toronto Summer in Siena Program Focus of program: Medieval fresco painting Professional Development 2014 Certificate of Professional Development in Best Practices for Online Course Design, Office of Distance and Learning Technologies, Texas A&M University -Corpus Christi 2013 Continuing Education Program, New Faculty Support Series, Texas A&M University -Corpus Christi 2000 Teaching Assistant Training Program, Society of Graduate Students, UWO 2 Teaching Experience 2015-16 Department of Art, Texas A&M University -Corpus Christi Course: `Global Currents in Contemporary Art' (graduate level survey of key movements in art and culture in the late the twentieth and early twenty-first centuries in the global context centered on analysis of primary and secondary theoretical sources) 2014-15 Department of Art, Texas A&M University -Corpus Christi Course: `Modernism in Context: 1850-1950' (graduate level seminar; survey of key modes of expression, materials, techniques, conceptual issues, etc.; historiographical and primary sources) Course: `Global Currents in Contemporary Art' (undergraduate level survey of key movements in art and culture in the late the twentieth and early twenty-first centuries in the global context) Course: 'The Practice of Art History: Theory and Methods' (graduate level survey of key developments in art historiography, considering notions of aesthetics, deconstruction, authorship, identity, and globalization, from antiquity to the present) Course: 'The Postmodern Turn: Artistic Currents Since 1980' (graduate level survey of key movements in art and culture in the late the twentieth and early twenty-first centuries in the global context. Topic covered include appropriation, commodification, consumerism, memory, history, and globalization) Course: `Contemporary Art Since 1945' (undergraduate level survey of architecture, sculpture, painting, video, installation, and related arts in Europe and the United States from 1945 to the turn of the century, in light of the socio-political context of the period) Course: 'The Postmodern Turn: Artistic Currents Since 1980' (undergraduate level survey of key movements in art and culture in the late the twentieth and early twenty-first centuries in the global context. Topic covered include appropriation, commodification, consumerism, memory, history, and globalization) 2013-14 Department of Art, Texas A&M University -Corpus Christi Course: `Italian Art in the Twentieth Century' (graduate level survey of key movements in Italian art and culture throughout the twentieth century, including developments in painting, sculpture, architecture, conceptual art, performance, installation and design) Course: `Nature and Technology in Modern Art' (third -year level survey of key movements from the mid -nineteenth to mid -twentieth centuries related to changing perceptions of nature and the rise of technology) Course: `Modern Art — Art Since 1945' (graduate level survey of architecture, sculpture, painting, video, installation, and related arts in Europe and the United States from 1945 to the turn of the century, in light of the socio-political context of the period) Course: 'Art and Society' (undergraduate art appreciation for non -art majors; survey of key modes of expression, materials, techniques, conceptual issues, etc.; historiographical survey) Course: `Modernism in Context: 1850-1950' (graduate level seminar; survey of key modes of expression, materials, techniques, conceptual issues, etc.; historiographical and primary sources) 2011-12 Department of Visual Arts, UWO Course: `Italian Art in the Twentieth Century' (third -year level survey of key movements in Italian art and culture throughout the twentieth century, including developments in painting, sculpture, architecture, conceptual art, performance, installation and design) 2010-11 Department of Visual Arts, UWO 3 Course: `Modern Art — Art Since 1945' (second -year level survey of architecture, sculpture, painting, video, installation, and related arts in Europe and the United States from 1945 to the turn of the century, in light of the socio-political context of the period) 2009-10 Department of Visual Arts, UWO Course: `Forms and Functions of Nature and Technology in Modern Art' (third -year level survey of key movements from the mid -nineteenth to mid -twentieth centuries related to changing perceptions of nature and the rise of technology) 2006-07 School of Humanities and Social Sciences, Jacobs University, Bremen Course: `Scientific Work and Learning Skills' (introduction to the principles and procedures of scientific inquiry; i.e. understanding texts, writing essays, citation, and preparing presentations) 2004-05 School of Humanities and Social Sciences, Jacobs University, Bremen Course: `Romanticism to Modernism in Art' (second/third-year level survey focusing on Romanticism, Realism, Impressionism, Post -Impressionism, Expressionism, Cubism, Surrealism, and Constructivism in their theoretical and social contexts) 2001-02 Department of Visual Arts, UWO Course: `Visual Arts 040' (History of Art Survey: Methodologies) (first-year level tutorial that explored the practice of art history via theories and methodologies from ancient Greece to postmodernity) 2000 Department of Visual Arts, UWO Course: `Baroque and Rococo Art and Architecture' (second -year level survey of painting, architecture, and sculpture in Europe in the seventeenth and eighteenth centuries) Curatorial and Arts Management 2015-16 Curator, exhibition and performance series: `2Fik: Mix & Match' Organizer, public lecture: 'Dr. Charmaine Nelson: "The Minahs would not dance near the Congos": Looking for Evidence of Creolization in the Art and Fugitive Slave Advertisements of Eighteenth and Nineteenth -Century Canada and Jamaica,' `Myth and Metaphor: TAMU-CC Graduate Student Symposium' 2014-15 Curator, exhibitions: 'Rob Maclnnis: The Dog and Pony Show' Organizer, public lectures: 'Alex Pershai: "Art and Politics in Post -Socialist Belarus,"' `B. Courtney Doagoo: "Appropriately Appropriated: A Primer on Visual Arts and the Law"' 2013-15 Galleries Director, Texas A&M University -Corpus Christi, Department of Art University Galleries (Weil Gallery and Islander Art Gallery) 2013-15 Creative Director, `Colours on White Background' Arts and culture start-up company 2007-08 Inspector, `Finding Aid Project' Archives of Ontario, Toronto, Canada 2005 Curatorial Internship Castello di Rivoli Museo d'Arte Contemporanea, Turin, Italy 2003 Working Group MemberAdministration Toronto City Summit Alliance, Toronto 2001 Peggy Guggenheim Internship 49th Biennale di Venezia, American Pavilion, Venice, Italy 1998 Peggy Guggenheim Studentship Peggy Guggenheim Collection, Venice, Italy 1996-98 Curatorial Assistant, ARTLab, John Labatt Visual Arts Centre, UWO 4 Related Academic and Thesis Supervision 2014-15 Graduate Thesis Committee Member for MFA student Daniel Heskamp, Texas A&M University - Corpus Christi, Department of Art 2013-15 Graduate Thesis Committee Member for MFA student Julia Curran, Texas A&M University -Corpus Christi, Department of Art 2010 External Advisor, Doctoral Dissertation of David Cave, Ph.D. Candidate, University of the West Indies, Cultural Studies Program 2002 Practicum Advisor, Special BFA Project of Erika Alliston, Department of Visual Arts, UWO 2001 Research Assistant to Professor Dr. John G. Hatch, Department of Visual Arts, UWO Grants/Scholarships/Awards 2014-15 Corpus Christi Parks & Recreation, Arts & Cultural Commission, Arts Grant Program 2013-14 Corpus Christi Parks & Recreation, Arts & Cultural Commission, Arts Grant Program 2010-12 Social Sciences and Humanities Research Council of Canada Postdoctoral Fellowship 2010-12 Social Sciences and Humanities Research Council of Canada Research Allowance 2003-06 Tuition Waiver and Stipendium, Jacobs University, Bremen 2005 Travel Bursary, Jacobs University, Bremen 2000-02 Special University Scholarship, UWO 2002 Graduate Student Teaching Award (Nomination), UWO 2002 Mary Routledge Fellowship, Faculty of Arts, UWO 2001 Foreign Government Scholarship, Italian Embassy, Ottawa 2001 Travel Bursary, Department of Visual Arts, UWO Publications Books In progress: Fashion and Contemporaneity: Realms of the Visible, Oxford: Inter -Disciplinary Press, 2015. In progress: Strings Attached: Contemporary Italian Art and the Persistence of the Baroque. Arte Povera and the Baroque: Building an International Identity. Bern: Peter Lang AG, 2011. Book chapters In progress: `Introduction,' Fashion and Contemporaneity: Realms of the Visible, Oxford: Inter - Disciplinary Press, 2015. In progress: The Hybrid Muse: 2Fik or Not 2Fik,' Fashion and Contemporaneity: Realms of the Visible, Oxford: Inter -Disciplinary Press, 2015. In progress: —Yes, But Are You Italian?": The Legacy of italianita in Postwar and Contemporary Italian Art,' in Untying the Knot: The State of Postwar Italian Art Today, Ashgate, 2016. `Introduction,' Fashion: Exploring Critical Issues, E -book, Oxford: Inter -Disciplinary Press, 2013. `Venice, Fashion City: The Intersection of Fashion, Art and Patria.' Fashioning Identities: Cultures of Exchange. Ed. Sarah Heaton. Oxford: Inter -Disciplinary Press, 2013. `Fashion Nation: Contemporary Italian Art and the Baroque -Centric Language of Fashion.' Fashion: Exploring Critical Issues, E -book. Eds. Barbara Brownie, Laura Petican, Johannes Reponen. Oxford: Inter -Disciplinary Press, 2012. 201-209. Articles Editorial 5 'The Arte Povera Experience: Nature Re -Presented.' Meanings of Abstract Art: Between Nature and Theory. Eds. Paul Crowther and Isabel WOnsche. New York: Routledge, 2012. 184-197. 'Baroque -centricity in Arte Povera.' Baroque Tendencies in Contemporary Art. Ed. Kelly Wacker. Newcastle: Cambridge Scholars Publishing, 2007. 7-27. 'A Critical Re -interpretation of Manet's Olympia.' Negotiating Space for Gender Studies: Frameworks and Applications. Eds. Ozen Odag and Alexander Pershai. Frankfurt am Main: Peter Lang GmbH, Europaischer Verlag der Wissenschaften, 2005. 79-92. In progress: —Yes, but are you Italian?": Considering the Legacy of italianita in Postwar and Contemporary Italian Art.' 'Fashioning Baroque -Centric Identities: Vanessa Beecroft, Francesco Vezzoli and Maurizio Cattelan.' Catwalk: The Journal of Fashion, Beauty and Style. Global Interdisciplinary Research Studies Vol. 1, No. 1 (September 2012): 21-44. 'Arte Povera: Words as Image and Experience.' Transverse: A Special Issue, Eyedeologies. A Comparative Studies Journal. Centre for Comparative Literature, University of Toronto 6 (Winter 2006): 140-149. 'The Warhol Look: Glamour, Style, Fashion.' Lola 2 (1998): 67. Reviewer: 'The "New Look" Woman in the City and on the Street as Represented in Fashion Photography.' Catwalk: The Journal of Fashion, Beauty and Style, Vol. 5, Global Interdisciplinary Research Studies, 2015. Reviewer: Anyan, J. 'Marc by Marc Jacobs A/W14: Luna Tarp Fergus Tote.' Catwalk: The Journal of Fashion, Beauty and Style, Vol. 5, Global Interdisciplinary Research Studies, 2015. Reviewer: Matthews, Rachel. 'Contemporary Fashion Tastemakers: Starting Conversations that Matter.' Catwalk: The Journal of Fashion, Beauty and Style, Vol. 5, Global Interdisciplinary Research Studies, 2015. Reviewer: Thompson, Emma. 'Wardrobe Affect: Addressing Decisions About What to Wear.' Catwalk: The Journal of Fashion, Beauty and Style, Vol. 5, Global Interdisciplinary Research Studies, 2015. Reviewer: Gal, Nissim. 'The Prisoners. The Fashion Photography of Adi Nes: Refashioning Israeli Society.' Catwalk: The Journal of Fashion, Beauty and Style, Vol. 4, Global Interdisciplinary Research Studies, 2014. Reviewer: Sanjuan, Clara Ororiz. The Unique Standard. Fordist and Post-Fordist Production Dynamics in Fashion and Architecture.' Catwalk: The Journal of Fashion, Beauty and Style, Vol. 4, Global Interdisciplinary Research Studies, 2014. Reviewer: 'Making Things Present: Re -presenting the Layered Meanings of Historical Dress through the Making of Exhibitions in the Here and Now.' Catwalk: The Journal of Fashion, Beauty and Style, Vol. 3, Global Interdisciplinary Research Studies, 2013. Reviewer: 'Unfolding Fashion's Fictions: Fashion Film and the Narrative Possibilities of Dress.' Catwalk: The Journal of Fashion, Beauty and Style, Vol. 2, Global Interdisciplinary Research Studies, 2013. Reviewer: Fashioning Identities: Cultures of Exchange book proposal. Edited by Sarah Heaton. Oxford: Inter -Disciplinary Press, 2013. Co-editor: Fashion: Exploring Critical Issues, E -book, Oxford: Inter -Disciplinary Press, 2013. Co-editor: Fashion: Exploring Critical Issues, E -book, Oxford: Inter -Disciplinary Press, 2012. 6 Copyediting Assistant: La Biennale di Venezia. 52. Esposizione Internazionale d'Arte. Collateral Events, Migration Addicts catalogue, curated by Biljana Ciric, Karin Gavassa, DDM Warehouse, Shanghai, 2007. English/Chinese. Copyediting Assistant: Video Art. The Castello di Rivoli Collection. Eds. Ida Gianelli and Marcella Beccaria. Rivoli-Turin: Castello di Rivoli, Museo d'Arte Contemporanea, 2005. Conferences/Presentations/Lectures 2015 Graduate Teaching Workshop: `Communicating the Conteporary: Conference Abstracts,' `Myth and Metaphor: TAMU-CC Graduate Symposium,' TAMU-CC, Department of Art, 16-17 April 2015 Seventh Global Conference: Fashion — Exploring Critical Issues, Mansfield College, Oxford, United Kingdom, 24-26 September Paper read: The Art/Fashion Exchange: The Evolution of "Use Value" via Sylvie Fleury and Dolce & Gabbana' 2015 `Untying "The Knot": The State of Postwar Italian Art History Today,' Center for Italian Modern Art, New York, 9-10 January Paper to be read: —Yes, but are you Italian?": Considering the Legacy of italianita in Postwar and Contemporary Italian Art.' 2014 Sixth Global Conference: Fashion — Exploring Critical Issues, Mansfield College, Oxford, United Kingdom, 15-18 September Paper read: The Hybrid Muse: "2Fik or Not 2Fik"' 2013 2013 Osgoode Forum, 'Law, Culture, Critique,' Graduate Law Students Association, Osgoode Hall Law School, Oakham House, Toronto, Ontario, 10-11 May Paper read: The Medium is the Message: Defining the Legal Parameters of Art, Commodification and Copyright' 2013 College Art Association, 101st Annual Conference, Italian Art Society panel, 'Bad Boys, Hussies, and Villains', New York, New York, 13-16 February Paper: Divos, Diavolos, and La Dolce Vita: Contemporary Italian Art Between Past and Present' 2012 Fourth Global Conference: Fashion — Exploring Critical Issues, Mansfield College, Oxford, United Kingdom, 16-19 September Paper read: `Venice, Fashion City: The Intersection of Fashion, Art and Patria' 2011 Invited Guest Speaker, Barroco Nova: Neo Baroque Moves in Contemporary Art, McIntosh Gallery, University of Western Ontario, London, Canada, 26 October Paper read: `Contemporary Italian Art and the Baroque' 2011 The (Neo) Baroque Revisited: An International and Interdisciplinary Conference on the Baroque, UWO, London, Canada, 13-16 October Paper read: `Contemporary Italian Art and the Nation: A Baroque -Centric Expression' 2011 Third Global Conference: Fashion — Exploring Critical Issues, Mansfield College, Oxford, United Kingdom, 22-25 September Paper read: `Fashion Nation: Contemporary Italian Art and the Baroque -Centric Language of Fashion' 2011 150 Years of United Italy, The American University of Rome, Department of International Relations, Rome, Italy, 8-9 April Paper read: `Strings Attached: Contemporary Italian Art and the Nation' 2009 The Lives of Form: Abstract Art and Nature, International Symposium, School of Humanities and Social Science, Jacobs University, Bremen, Germany Paper read: The Arte Povera Experience: Nature Re -Presented' 7 2009 The Lives of Form: Abstract Art and Nature, International Symposium, School of Humanities and Social Science, Jacobs University, Bremen, Germany Session Chair: 'The Other Side of Abstraction: Nature and Formative Processes' 2006 Neues Museum Weserburg Bremen, Bremen, Germany Lecture: 'Mario Merz and Mathematics: Nature, Fibonacci and the Spiral' 2006 Neues Museum Weserburg Bremen, Bremen, Germany Tour of collection for second -year art history students of Jacobs University, Bremen 2006 Jacobs University, Bremen, Germany Lecture: 'Mathematical Principles in the Visual Arts: The European Avant -Garde and the Mobius Strip' 2005 Eyedeologies. Across Disciplines: En -Visioning the Readable 1 Reading the Visual Graduate Students' Conference, Centre for Comparative Literature, University of Toronto, Canada Paper read: 'Arte Povera: Words as Image and Experience' 2004 Gender Workshop, Jacobs University, Bremen, Germany Paper read: 'A Critical Re -interpretation of Manet's Olympia' 2004 Guided Tour of Montmartre, Paris, France, for second -year art history students of Jacobs University, Bremen, Germany Lecture: 'Montmartre and the Artistic Scene of Early Twentieth -Century Paris' 2003 Neues Museum Weserburg Bremen, Bremen, Germany Lecture: 'Arte Povera: Italian Art in the Socio -Political Context of the Post -WWII Era' 2003 First Open Graduate Students' Conference, Jacobs University, Bremen, Germany Presentation: Conference Summary and Closing Remarks 2003 Seeing Things: Explorations in Vision, Knowledge and Power, Centre for Women's Studies and Feminist Research and the Department of Visual Arts, UWO, London, Canada Paper read: 'Unfortunate Omissions in Critical Response to Manet's Olympia' 2002 L'illusoire/The Illusory Conference, Department of French, UWO, London, Canada Paper read: 'Michelangelo Pistoletto: Illusions of Space and Time' Service 2014 Juror, South Texas Art League, triannual exhibition, Art Museum of South Texas, Corpus Christi, Texas 2014 Committee Member, College of Liberal Arts & SAMC Community of Practice (CoP) Charge for CLA/SAMC Undergraduate Research and Creative Activity High -Impact Practice 2014 Discussion Leader, 'Bringing the Classroom Online,' SAMC FTSCA Luncheon Discussion Series, Texas A&M University -Corpus Christ, Island Hall 158, October 20 2014 Department Representative, Islander Day, Texas A&M University -Corpus Christi, October 18 2013-15 Founder, Video Art Archive, Texas A&M University, Corpus Christi, Department of Art 2013-15 Founder, Art in the House, video documentary series of visiting artists, Texas A&M University, Corpus Christi, Department of Art 2013 Founder, University Galleries Re -Branding Project, Texas A&M University, Corpus Christi, Department of Art 2013-15 Editorial Board Member, Catwalk: The Journal of Fashion, Beauty and Style. Global Interdisciplinary Research Studies 8 2011-15 Steering Group member, Fashion: Exploring Critical Issues, a project managed by Inter- Disciplinary.Net, A Global Network for Dynamic Research and Publishing 2003 Co-organizer, Interdisciplinary Graduate Students' Conference, Jacobs University, Bremen 1998 Art Director/Co-Editor, Propaganda: A Journal of Arts and Literature, Vol. VI. Arts Students' Council, UWO 1998 Gallery Attendant, McIntosh Gallery, UWO Artist Experience/Exhibition Record 2015 Ward Island 12: TAMU-CC Art Faculty Biennial, Art Museum of South Texas, Corpus Christi, Texas 2014 Laredo Community College, Faculty Exchange Exhibition, Laredo, Texas 2013 Corpus Pluralis, Art Museum of South Texas, Corpus Christi, Texas 1998 Laura Petican, Loggia Gallery, Koffler Centre for the Arts, North York, Ontario (solo exhibition) 1997 Sugar or Aspartame, McIntosh Gallery, UWO 1997 Grad Sampler, ArtLab, UWO 1997 New Abstracts, London, Ontario (BA Honours thesis exhibition) 1996 Welcome Shoppers, ArtLab, UWO Bibliography Interview, Studio 2, TV Ontario, April, 1998. John Massier, catalogue essay for Laura Petican, Loggia Gallery, Koffler Centre for the Arts, North York, 1998. Languages English (mother tongue); French, Italian, Spanish and German (working knowledge) Professional Affiliations CAA (College Art Association) Fashion Research Group UAAC (Universities Art Association of Canada) Italian Art Society Rome Art History Network Inter-Disciplinary.Net — A Global Network for Dynamic Research and Publishing 9 Referees for Dr. Laura A. Petican Professor Dr. John G. Hatch Associate Dean (Academic) Faculty of Arts and Humanities University of Western Ontario Professor Dr. Isabel WOnsche Professor of Art and Art History School of Humanities and Social Sciences Jacobs University Campus Ring 1, Research IV Wm - Professor Rich Gere Department Chair Department of Art Texas A&M University -Corpus Christi BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Nov 05, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Shelly M Prefix First Name Middle Initial Email Address Rios Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION Street Address Suite orApt ■ City State District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Home: Primary Phone Alternate Phone Casa Mod Owner Employer Job Title 1307 Ayers WorkAddress- Street Address and Suite Number Corpus Chisti WorkAddress - City TX WorkAddress - State 78404 Postal Code WorkAddress - Zip Code (361)850-0606 Work Phone shelly©casamodcc.com Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I currently do not serve on any City of Corpus Christi boards or committees. Education, Professional and/or Community Activity (Present) I am a graduate of Mary Carroll High School where I focused on art. I was a student of Lynda Jones. I attended Del Mar College for studio art in 1992. I transferred to the College for Creative Studies College of Art and Design in Detroit, Michigan in 1995, where I studied art education, exhibit design, advertising and furniture design. My professional background is in CommunityArts, developing out-of-school art and design programs for youth in the community, particularly urban neighborhoods. I worked for the Detroit Institute of Arts from 1997 to 2003 in their education and development departments, and contractually as an art instructor until 2007. I was the Assistant Director of CommunityArts Partnerships at the College for Creative Studies from 2002 to 2007. In that position I partnered with local social and faith based organizations, political representatives and neighborhood committees to implement out-of-school art and design programs for urban youth. We served 6000 youth per year in 60 programs per semester. Our programs provided benchmarks for art out-of-school programs in the state of Michigan. Our program, Artists in Education won several awards from the Michigan Arts and Education Association (MAEA) and was endorsed by HighScope education research foundation. In 2007, I moved to Austin for my father who fell ill. There, I continued to work in youth and community education as the Volunteer Director for Heart House USA, an after school organization serving low income youth. I moved home to Corpus Christi in 2013, after the birth of my son. I have been involved in community and neighborhood committees and organizations in Texas and Michigan as a member and leader, and in volunteer and paid positions. Bringing positive changes to the community in which I live has been the driving force in both my professional and personal life. I am currently in the process of opening a space called CASA MOD that will offer modern vintage furniture, concept studios, and classes in design for youth in the surrounding 6 Points neighborhood. I am an active volunteer at the Art Museum of South Texas and give tours of the building and exhibits to school children. I am also a member of DOCOMOMO- The international committee for the documentation and conservation of buildings, sites, and neighborhoods of the modern movement. I am working on documenting the great Mid Century architecture of Corpus Christi and publishing it on CASA MOD's website. I would be honored to serve the city in a position where I can lend my experience and expertise to move Corpus Christi forward in a positive way. Please consider this my letter of intent. Registered Voter? QQ Yes No Current resident of the city? QQYes No 3 If yes, how many years? RESUME 2015 2pg.pdf Upload a Resume Summar roof Qualifications -3. df Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Female Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® !Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. Z !Agree Oath swear that all of the statements included in my application are true and correct. !Agree Board -specific questions (if applicable) Question applies to ARTS & CULTURAL COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Visual Arts (painting, sculpture, arts media) ® Public Art / Public Space ® Youth / Education ® Higher Education ® Architecture ® Marketing ® Business Development Groups / Corporate Representative RELEVANT EXPERIENCE SHELLY RIOS Owner, Collector, Dealer GRAINmodern Vintage Furniture and Objects Corpus Christi TX 06/15 - present Contracted Instructor and Docent Art Museum of South Texas Corpus Christi TX 01/14 - present Manager of School and Docent Programs (Interim) Art Museum of Austin Austin TX 07/11- 10/11 Volunteer Director Heart House Austin Austin TX 08/08 — 09/09 Assistant Director, Community Arts Partnerships College for Creative Studies Detroit MI 09/02 — 07/07 Volunteer Coordinator The Detroit Institute of Arts Detroit MI 10/97 — 06/03 EDUCATION Texas A&M Corpus Christi Fine Arts St. Edwards University, Austin TX Community Arts Administration College for Creative Studies, Detroit MI Art Education, Exhibit/Furniture Design, Art Direction, Illustration, Graphic Design Del Mar College, Corpus Christi TX Studio Art 361.850.0606 Corpus Christi TX https://www.linkedin.com/profile/public-profile-settings?trk—prof-edit-edit-public_profile SHELLY RIGS ARTISTIC WORK EXPERIENCE TEACHING Docent Painting Instructor Docent Arts Event Coordinator Docent Art Instructor Adjunct Faculty, CE Drawing Instructor Afterschool Instructor Docent Afterschool Instructor Student Art Instructor Art Instructor Art Instructor CURATORIAL Art Museum of South Texas, Corpus Christi The Tipsy Canvas Art Museum of Austin, Austin TX Kid's Art Fair, HEB's Feast of Sharing, Austin Wild Basin Wilderness Preserve, Austin TX Heart House, Austin TX College for Creative Studies, Detroit MI Detroit Institute of Arts, Detroit MI College for Creative Studies, Detroit MI Detroit Zoological Institute, Detroit, MI Wayne State University, Detroit MI College for Creative Studies, Detroit MI First Baptist School, Corpus Christi TX Art Museum of South Texas, Corpus Christi Curator Artist Teachers in Our Hood College for Creative Studies, Detroit Neighborhood Arts College for Creative Studies, Detroit Pattern's of Detroit SCIENCE ILLUSTRATION Anthropological Illustrator Anthropology Department University of Texas MI MI Detroit Children's Museum, Detroit MI Biomedical Illustrator Beaumont Hospital, Royal Oak MI Archaeologica0 Illustrator Maya Research Project, Blue Creek, Belize Anthropological Illustrator Cranbrook Institute, Bloomfield Hills MI 2011 09/00 — 06/02 05/99 — 2000 03/98 — 08/98 01/14 — present 06/14 — 8/10/16 06/11 — 02/12 2011 09/09 — 2011 06/09 — 08/09 09/05 — 07/07 05/04 — 05/07 09/02 — 07/06 09/01 — 12/02 09/00 — 03/02 09/95 — 01/97 03/92 — 08/95 01/91 — 05/94 2006 2006/07 2003 SHELLY -MARIE RIOS EXPERTISE Program Experience Training Development Leadership Relationships Summary of Qualifications • 20 years teaching, program planning, designing curriculum and lesson plans for youth in out-of-school art programs in non -profits organizations. 17 years serving inner-city urban youth in under -served, high poverty neighborhoods • Proficient with MS and Adobe suites, Power Point, Raiser's Edge, Filemaker and custom database systems • Grant research, writing and reporting, creating and negotiating contracts, and statistical information management and analysis for community programs • Designed displays and interactivities for exhibitions at museums and galleries and created program curriculum and promotional material for events • Developed and delivered volunteer and education trainings and handbooks for the Detroit Institute of Art, College for Creative Studies, Heart House Afterschool, and Art Museum of Austin • Oversaw and supported over 100 faculty and youth art programs, including program and lesson plan oversight, supplies, classroom management, equipment and site/facility maintenance, class records, program evaluations, and payroll • Served as staff advisor to faculty and volunteer committees concerning organizational and program guidelines • Internal: Listened to staff and volunteer concerns; providing professional development suggestions when appropriate and personal support when needed • External: Collaborated with neighborhood groups and organizations about community centers and public schools for facility use. Worked closely with parents and family members of students to measure program quality and promote family well being. ADDITIONAL EXPERIENCE Strategic Planning Resource Management Coordination • Assisted in developing benchmark, quantitative evaluations for grant reporting and program development that reflect the diversity of age, gender, and culture of student and staff participants for the College for Creative Studies office of Community Arts Partnerships • Responsible for department budget of $300,000, ensuring monthly restrictions when needed and projections for annual and five year departmental budget approval • Maintained records and statistical data for grant reporting, departmental review, donor information and organizational marketing • Coordinated special events for community programs, open houses, and funder/ patron gatherings for the Detroit Institute of Arts and the College for Creative Studies • Recruited, trained, and maintained volunteer bases of up to 1000 volunteers BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Nov 05, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Joshua D Prefix First Name Middle Initial Email Address Salinas Last Name Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION Street Address Suite orApt ■ City State District 2 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Home: Primary Phone Alternate Phone Corpus Christi ISD Employer 1707 Ayers WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City TX WorkAddress - State 78412 Music Teacher Job Title Postal Code WorkAddress - Zip Code 361-878-2780 Work Phone joshua.salinas3@ccisd.us Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) I have a BA in music and in theology and and MA in Pastoral Care and Ministry Registered Voter? QQYes No Current resident of the city? QQYes No 35 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to ARTS & CULTURAL COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Youth / Education ® Performing Arts (music, dance, drama, film) BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Nov 05, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Kirsten A Schaffer Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION Street Address Suite orApt ■ City State District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Home: Primary Phone Alternate Phone KRIS Communications News Producer Employer Job Title 301 Artesian Street WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City TX WorkAddress - State 78401 Postal Code WorkAddress - Zip Code 361-884-6666 Work Phone kschaffer©kristv.com Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Education, Professional and/or Community Activity (Present) University of South Carolina, B.A. Journalism & Mass Communications, Minor: Theatre; Classically trained vocalist/performer; Current volunteer with Corpus Christi Museum of Science History; Former May Festival Choir/Cincinnati Symphony Orchestra member; Former Young Professionals Choral Collective singer; Former Marketing & Communications Consultant for the Cincinnati Opera Registered Voter? QYes No Current resident of the city? QQYes No 1 If yes, how many years? Ki rstenAnnSchafferResume.docx.docx Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Prefer not to Answer Ethnicity Female Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. ❑ !Agree Board -specific questions (if applicable) Question applies to ARTS & CULTURAL COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Marketing ® Performing Arts (music, dance, drama, film) KIRSTEN ANN SCHAFFER expertise Delivering concise information through written and verbal communication Simplifying complicated ideas and creating clear content to express those ideas Managing deadline sensitive situations with extreme composure and clarity Public Presentations • Media Coaching • On -Air Reporting Shooting Video • Editing Video &Audio • Social Media Strong Research Skills experience KRIS 6, News Producer, Corpus Christi, TX Sept. 2014 - Present • Managing a diverse team of seasoned professionals and junior associates to create seamless news programs • Conducting web and social media training as well as assisting training efforts for new content management system KSAT 12, News Producer, San Antonio, TX May 2013 -Sept. 2014 • Responsible for the editorial and creative direction of weekday newscasts • Wrote, and produced feature stories for broadcast and KSAT.com • Appeared on air for stories • Led team of 10 to 20 professionals, including anchors, reporters, photographers, and production staff to create informative, community -centered news programs • Promoted station's branding and content through Facebook, Twitter, Instagram, Youtube, and Vine • Creator and producer of "The Big Give SA" live coverage, also led "KSAT Community" coverage WKRC Local 12, News Producer, Cincinnati, OH October 2012 -May 2013 • Morning news producer for Good Morning Cincinnati • Created print and video content for website, moderated Facebook fan page of more than 50,000 fans • Producer for Cincinnati Reds Opening Day Parade & Celebration WCPO-TV, Multimedia News Producer, Cincinnati, OH Oct. 2010 -Oct. 2012 • Trained and mentored new producers and associate producers • Shot breaking news and feature stories using JVC HD Pro Camera and edited video using Final Cut Pro • Coordinated live phone banks, sports talk shows, as well as special programming for 9/11 Anniversary • Wrote, shot commercials and promotional materials for broadcast, print, Web, and social media DEFINITY PARTNERS, Marketing & Communications Specialist, Cincinnati, OH Oct. 2009 -Apr. 2010 • Led company's first targeted marketing plan • Wrote press releases, case studies, web content, and marketing materials • Shot video testimonials and edited for company website • Distributed marketing materials to targeted groups DIGITAL MEDIA& MARKETING CONSULTANT, Freelance Consultant, Cincinnati, OH Apr. 2010 -Feb. 2011 • Produced video and print features for CincyChic.com, a women's lifestyle publication distributed to more than 30,000 • Created marketing materials for Cincinnati Opera, distributed through social media, email marketing, and Youtube EDUCATION UNIVERSITY OF SOUTH CAROLINA, 2009, Columbia, SC B.A. Journalism & Mass Communications, Minor: Theatre community ENGAGEMENT May Festival Choir, Big Brothers Big Sisters BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Nov 17, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Madeline M Prefix First Name Middle Initial Email Address Schmidt Last Name Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION Street Address Suite orApt ■ City State District 1 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Sterling Personnel, Inc. Employer 3833 S. Staples St., Ste. N103 WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City Texas WorkAddress - State 78411 Home: Alternate Phone Marketing Communication Manager Postal Code WorkAddress - Zip Code 361-854-5151 Work Phone Madeline@SterlingHires.com Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not currently serve on any City boards, commissions, or committees. Education, Professional and/or Community Activity (Present) I am the current chair of the Artrageous Summer Party for the Art Museum of South Texas, and I have served on the committee for the previous two years as the Publicity/Marketing chair. I am a member ofAMST and the ContemporaryArt Circle Committee. Through the CAC committee, I have organized many events to drive membership for the Art Museum of South Texas and encourage the arts in Corpus Christi. Also, I am serving on the committee for the 2016 Casino Night event benefiting HALO Flight. I am also a member of the American Advertising Federation of Corpus Christi, and I serve on the Fundraising committee. Additionally, I am a committee member of the Corpus Christi Ride In Theater. Professionally, I work as the Marketing Communication Manager for Sterling Personnel, Inc. and the Art and Entertainment Editor for The Bend Coastal Life Magazine. I am also a member of the Junior League of Corpus Christi. I have volunteered my time for many non -profits in the Corpus Christi area including the Harbor Playhouse, the Aurora Arts Theater, the March of Dimes, the American Cancer Society, HALO flight, and the United Way. I have supported the Harbor Playhouse as a volunteer actor, costume designer, and crew member since my childhood, and have volunteered at the Aurora Arts Theater since its opening. Registered Voter? QQ Yes Q No Current resident of the city? 0 Yes 0 No 28 If yes, how many years? Madeline Schmidt.docx Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Female _ Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® !Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. Z IAgree Oath swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to ARTS & CULTURAL COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Marketing ® Business Development Groups / Corporate Representative ® Performing Arts (music, dance, drama, film) Madeline Mason Schmidt Skilled, results -producing Marketing Professional with experience developing highly effective marketing strategies. Passionate about conceptualizing and managing marketing campaigns that effectively reinforce and build brand image and increase brand awareness. Creative thinker recognized for strong communication skills both verbally and in writing. A confident and concise communicator able to deliver enthusiastic presentations with clarity to diverse audiences. Possess strong visual sense, excellent writing skills, and the ability to translate marketing ideas and design concepts across all organizational levels and channels. Specialties: Marketing • Communication • Branding • Social Media and SEO • Advertising and Press Relations • Writing • Strategic Planning • Media Relations Computer Proficiencies: Microsoft Office Suite (Word, Excel, PowerPoint, Outlook) • Adobe Photoshop • WordPress Work History: Marketing Communication Manager March 2015 -present Sterling Personnel, Inc. • Develop website content, plan and manage social media and public relations campaigns, develop email campaigns and create print and online publications. • Responsible for communicating consistent messages across print and electronic media and ensure that key, strategic messages are communicated effectively to target audiences. • Produce, or act as liaison with firms that produce, public relations materials, advertising, and marketing collateral. • Coordinate and participate in events, such as job fairs, educational presentations, and media relations. • Responsible for writing communication material, such as press releases, feature articles, brochure copy, and website content. Art & Entertainment Editor August 2015- present The Bend Coastal Life Magazine • Responsible for conceptualizing ideas and writing stories to be included in the magazine. • Work collaboratively with entire magazine staff. • Responsible for editing and proofreading the entire magazine before print. • Ensure that art and entertainment articles are accurate, easy to follow, and captivating for readers by keeping up with recent trends in the art and entertainment fields. • Attend live theater shows, art openings, films, concerts, and other local events to review, and developing working relationships with members of the arts community, such as artistic directors or producers at venues from local playhouses to large music venues to art galleries. Business Development March 2014- March 2015 Sterling Personnel, Inc. • Planned and coordinated sales and marketing strategies, such as identifying a demand for products and services, contacting potential and current clients, and assisting with contract negotiation. • Coordinated and participated in promotional activities such as job fairs and educational presentations, and worked with developers and advertisers to market products or services. Receptionist American Bank Center Executive Assistant Gignac & Associates March 2012- March 2014 January 2003 -January 2009 Community Involvement: Art Museum of South Texas- Artrageous 2016- Event Chair Artrageous: Myths and Legends- 2015- Committee Member- Publicity Chair Artrageous 3: Taking it to the Streets- 2014- Committee Member- Publicity Chair Contemporary Art Circle- Committee Member HALO Flight- Sky High Roller Casino Night 2016- Committee Member Corpus Christi Ride -in Movie Theater- 2014- present- Committee Member March of Dimes- March for Babies 2015- Corporate Team Leader American Cancer Society -Cattle Baron's Ball 2014- Volunteer Corpus Christi Museum of Science and History- Junior Auxiliary Board 2014- Member Junior League of Corpus Christi- 2015- present Harbor Playhouse- Volunteer- 1996- present Aurora Arts Theater- Volunteer- 2009- present Professional Organizations: American Advertising Federation- 2015- present Young Business Professionals of the Coastal Bend- 2014- present Coastal Bend Society for Human Resource Management- 2014- present Education: Texas A&M University Corpus Christi Bachelor of Arts in Communication- Media Studies Saint Edward's University- Austin, TX Studied Theatre Arts, English Writing, and Communication BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Oct 08, 2013 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Sharon Sedwick Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION Street Address Suite orApt ■ City State District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone A DIFFERENT IDEA, INC./NEWTON MFG. Business: (361) 814-8193 Alternate Phone SELF-EMPLOYED/OWNER Employer Job Title 4455 SOUTH PADRE ISLAND DR., STE. 47 WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78411 Postal Code WorkAddress - Zip Code 361-814-8193 Work Phone Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) CURRENTLY CHAIRMAN OF THE BOARD OF K SPACE CONTEMPORARY FORMER BOARD MEMBER FOR YWCA, Y WOMEN IN CAREERS (YWIC) AND AMERICAN CANCER SOCIETYACC-CATEGORIES: MARKETING AND BUSINESS DEV./CORPORATE Registered Voter? QQYes No Current resident of the city? QQYes No If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath swear that all of the statements included in my application are true and correct. El !Agree Board -specific questions (if applicable) Question applies to ARTS & CULTURAL COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Public Art / Public Space ® Economic Development / Tourism ® Marketing ® Business Development Groups / Corporate Representative BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Nov 16, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Jennifer E Prefix First Name Middle Initial Email Address Seymour Last Name Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION Street Address Suite orApt ■ City State District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Home: Primary Phone Alternate Phone Employer Job Title WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State Postal Code WorkAddress - Zip Code Work Phone SeymourStyle©gmail.com Work E-mail address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not currently serve on a City Board, commission or committee. Education, Professional and/or Community Activity (Present) I am a long term artist specializing in modern Art and design. I have lived in Corpus Christi for approximately two years. When I first moved to the Emerald City I was a Stay -At -Home -Mother. I began a group called the Padre Island Social Club. It is a social group to allow new and old residents a like to gather be social and make friends without membership fees. I am currently spearheading the Billish Park Playground Project. 1, as project leader, along with many volunteers are raising money to replace the playground equipment at Billish Park. We have had fundraising events as well as reached out to potential corporate and individual sponsors. Before coming to Corpus Christi I was a group leader for Project Blue River Rescue and volunteer with the Missouri River Relief. Registered Voter? Q Yes No Current resident of the city? QYes No 2 If yes, how many years? Jen Resume 2015 no cover 3 .doc Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Female Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) Question applies to ARTS & CULTURAL COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Visual Arts (painting, sculpture, arts media) ® Public Art / Public Space ® Marketing OBJECTIVE To find a position that will challenge my inquisitive nature in a fun and creative environment where I can be empowered to achieve success both personally and professionally and work with a team that brings passion, energy and an entrepreneurial spirit to their work each day. EMPLOYMENT • Seymour Style Art & Design September 2009 — Present President/CEO/Artist/Designer Multifaceted Designer and Artist — Design and implement projects for private commissions including signage, flyers and other marketing material as well as portraits, home decor, unique pieces of art and furniture re- purposing. • Raggdoll Boutique, Too May 2015 — Present Store Manager I was brought into Raggdoll Boutique as Store Manager. I am responsible for outstanding customer service, building a strong marketing network, and maintain high standards in merchandising and employee training. • Del Properties / 4301 Main LLC / Norman School Lofts LLC / 220 Admiral LLC / 1008 Mississippi LLC November 2009 — July 2013 Business Manager/Property Manager I was the Business and Property Manager handling all Accounts Payable, Accounts Receivable, Payroll, Human Resources, Marketing and Design Marking/Company Image for several multi -family and commercial leasing companies. Other job duties include but are certainly not limited to finding new tenants, leasing units, collecting rents, collections, evictions, managing a crew of 10 or more, and EST. Implemented operations program Rent Manager and trained all employees to use. • University Meadows Apartments August 2008 — September 2009 Property Manager Some duties of my job entail overseeing property maintenance, tenant relations, finding/screening new tenants , leasing, collect rents, collections, evictions and manage vendors. Other functions include daily clerical work and operating management program OneSite. • Northland Auto Body; Parkville, Mo. December 2006- August 2008 Business/Advertising Manager/Adjustor Design all company advertising. Develop and revise all documentation to improving and organizing productivity. Coordinate office activity. Build customer relations. Negotiated with insurance companies. Established strong customer base. Collected over $90,000 of unpaid invoices customer base. Coached sales team. Handled all customer orders and payments. PERSONAL INFORMATION o Associates Degree — Information Technology/Visual Communications o Founder of the Padre Island Social Club- Organizer of group activities o Project Leader for Billish Park Playground Project- Fundraising for new playground equipment. o I am actively involved with organizations including Missouri River Relief, team leader for the Blue River Rescue, Wildlands Restoration events and Beach Clean-ups; I enjoy many outdoor activities. BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Oct 21, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile David B Prefix First Name Middle Initial Email Address Watson Last Name Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION Street Address Suite orApt ■ City State District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone Self Employer 5813 Hugo Dr. WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City TX WorkAddress - State 78412-3467 Photographer/writer Job Title Postal Code WorkAddress - Zip Code (361) 774-2737 Work Phone dbwatsonl©outlook.com Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Education, Professional and/or Community Activity (Present) See resume Registered Voter? QQYes No Current resident of the city? DYes No 15 If yes, how many years? current resume.doc Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. El !Agree Board -specific questions (if applicable) Question applies to ARTS & CULTURAL COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Visual Arts (painting, sculpture, arts media) David Brian Watson Education Rice University: BA/Managerial Studies, School of Social Sciences, 1984 Added studies: University of Houston, University of Texas, Stanford University Honors President's Honor Roll, Rice University President's Honor Roll, Austin Community College College of Engineering Honor Roll, University of Texas National Dean's List, 1987-1988 Plan II Liberal Arts Program, University of Texas Honors Engineering Program, University of Texas Phi Kappa Phi Academic Honor Society Academic Honorman, Co. 180, Div. 5, RTC/NTC San Diego, CA Outstanding Recruit Nominee, Co. 180, Div. 5, RTC/NTC San Diego, CA Class S005 Honorman, Seaman Apprenticeship Training, RTC/NTC San Diego, CA Class 87039 Honorman, Naval School of Health Sciences, San Diego, CA Pistol Expert Marksmanship Medal, USNR/USMCR Experience 1971-2015: Freelance photographer, writer, and journalist Independent businessman 1986-1989: United States Naval Reserve Seaman/Hospital corpsman/Honorable discharge Community Service Corpus Christi Mayor's Committee for Persons with Disabilities PAIMI Council, Advocacy, Inc./Disability Rights Texas Languages: English, Spanish, German References Professional: Lynn Jones Personal: Robert Orr, P.E. Photographer/instructor Petroleum engineer BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Oct 05, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Lori Wille Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION Street Address Suite orApt ■ City State District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone Texas A&M University - Corpus Christi Employer 6300 Ocean Drive - Natural Resources Center, Ste 2200 WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City TX WorkAddress - State 78412 Community Outreach - Event Specialist Postal Code WorkAddress - Zip Code Work Phone loretta.wille©tamucc.edu Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: none Education, Professional and/or Community Activity (Present) BA - Fine Art, Western Illinois University Registered Voter? QQYes No Current resident of the city? QQYes No 6 If yes, how many years? Resume_LorettaWille bullets_ 09_2015.docx Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Female Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. El !Agree Board -specific questions (if applicable) Question applies to ARTS & CULTURAL COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Visual Arts (painting, sculpture, arts media) ® Marketing Loretta Wille Professional Skills & Experience • Special Event & Fundraising Management o Managed and coordinated all aspects of events from concept through "day -of" logistics and follow-up. o Responsible for Budget, Permits, Venue Design, Committees, Sales, Sponsorships, Marketing/Advertising, Volunteers, Security, Equipment Rentals, Merchandising, Graphic Design, Website maintenance, Insurance. o Consistently increased event size and quality, resulting in increased attendance and revenue. • Nonprofit Management o Chaired Board of Directors and committees. o Developed more effective Board by writing grants to fund Board Development workshops and training. o Instrumental in rebranding the organization & procured grant for web re -design. o Development & Management. Budget management. o Collaborated with community organizations to increase impact and awareness of the arts. o Developed e -media communication. Managed fundraising events to provide funding for scholarships, events, & contests. Awarded Arts Achievement Award by City of Folsom for individual leadership in the arts — 2006 Awarded Arts Achievement Award by City of Folsom for organizational achievement in the arts — 2007 • Volunteer Recruitment, Training, and Management o Identified Volunteer needs and opportunities. o Created job descriptions; created/maintained training procedures; created volunteer incentives. o Recruited and screened volunteers for best -fit placement. o Built relationships at corporate, organizational, and personal levels as resources for volunteers. o Maintained up-to-date database for volunteer/opportunity matching. o Coordinated, trained, and scheduled over 130 volunteers. o Planned & coordinated volunteer recognition events. o Maintained positive relationships with volunteers, resulting in high percentage of return volunteers. • Marketing/Public Relations Expertise o Established effective relationships with local writers, bloggers, website owners, newspapers, magazine publishers, as well as TV and radio personnel. Page 1 of 4 Loretta Wille o Prepared interview pieces, press re eases, an p otograp s. o Designed and prepared marketing campaigns, including print materials. • Sales & Recruiting o Recruited vendors, volunteers, and sold booth spaces. Consistently met or exceeded goals. o Prepared benefits packages for potential sponsors and secured sponsors for events. • Strong Computer, Verbal, & Writing Skills o Expert -level Microsoft Word, Excel, Outlook, and PowerPoint skills o Administrative and supervisory skills, office management o Database management - ACT!, Excel, Access • Graphic Design and Desktop Publishing o Adobe CS6 - Photoshop, Illustrator, InDesign. o Designed and produced print -ready artwork for programs, t -shirts, tickets, parking passes, tote bags, posters, postcards, business cards, newspaper ads. • Education o B.A in Art from Western Illinois University o Board Development Workshops including Branding, Marketing, Fundraising Page 2 of 4 Loretta Wille Past Events/Positions Texas A&M University Corpus Christi, TX - EVENT SERVICES/Community Outreach - June 2014 to present (Temp Position) •Assisted with event logistics. Assisted with communication to potential clients, community members, university departments, and vendors related to event services. Coordinated catering, AV, IT services, security. •Provided administrative support, including creating and maintaining event binders, files, reports. Prepared invoices & event mailings. Managed incoming and outgoing proposals, contracts. Processed payables & receivables. Performed research. Developed & managed databases for event registrations & data collection. •Designed/developed print & online event marketing materials and digital magazine. •Provided on-site event support & assisted in oversight of student interns and volunteers. •Created forms, applications, and managed conference registration; contracts, invoices, PO's Downtown Management District — Corpus Christi, TX -- PUBLIC RELATIONS SPECIALIST — May 2012 to August 2013 •Public Relations, press releases, social media •Authored 12 -page bi-monthly newspaper insert ("DTown Delivers") & newsletters. •Acted as liaison with City, property & business owners, contractors. •Developed & maintained policies, procedures, programs, and complex databases of property and business owners. •Administered communications for petition campaign through large mail merge to stakeholders. •Conducted surveys, provided reports and meeting materials, including PowerPoint presentations. •Designed brochures, invitations, flyers, presentations, illustrations. •Planned events - Meetings, tours, annual luncheon. Muscular Dystrophy Association — Corpus Christi, TX -- FUNDRAISING COORDINATOR — July 2011 to May 2012 •Recruited sponsors, volunteers, event participants. Relationship building. Event planning, fundraising. Event logistics, team building. Fundraising galas, silent auctions, team walks. Pier 1 Imports — Folsom, CA & Corpus Christi, TX -- SALES ASSOCIATE — Part-time - Oct 2006 to March 2013 •Sales, Customer Service, Relationship Building. Sacramento Regional Science Bowl — Folsom, CA-- EVENT COORDINATOR - US Department of Energy -2009 •Managed academic competition for high school students who excel in math and science Folsom Patrons of the Arts — Folsom, CA-- PRESIDENT/FESTIVAL DIRECTOR/VOLUNTEER COORDINATOR — Folsom Parks & Recreation Department, City of Folsom --2003-2009 •President of Patrons of the Arts and Festival Director for annual fundraising event for 7 years. •Director of annual 2 -day fundraising art festival with over 175 art vendors plus food vendors, musicians, entertainers, demonstrations, wine tasting, raffles, & silent auctions. •Managed 130 volunteers. •Collaborated with local nonprofit organizations to promote membership, participation, and fundraising for the arts. •Planned and hosted gallery receptions & annual volunteer recognition event. Honored volunteers for participation in fundraising events and promoted the organization. Folsom Historic District Association -- Folsom, CA— EVENT COORDINATOR — 2007, 2008 •Managed weekly summer street fairs in the Historic District - Thursday Night Market & Holiday Arts, Crafts, & Gift Fair •Events included up to 225 vendors, food, entertainment, kids zone, farmers market •Voted "Best Folsom Event" and "Best Under 21 Attraction" on MyFolsom.com — 2007, 2008 Folsom Chamber of Commerce & Tourism Bureau — Folsom, CA -- EVENT COORDINATOR — 2007-2009 •Acted as concierge at satellite tourism office. •Provided information on events, local attractions, & relocation. •Participated in planning events, including annual rodeo, cattle drive, business expo, and more. Page 3 of 4 Loretta Wille MM. Sacramento Home & Garden Show - SALES/EVENT COORDINATOR - 2006, 2007 •Managed logistics of annual Home & Garden Show, including over 650 booths, 10 buildings, plus outdoor areas. •Managed booth sales, food vendors, lectures, workshops, demonstrations. Page 4 of 4 City Of Corpus Christi CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT BOARD DETAILS OVERVIEW SIZE 15 Seats TERM LENGTH Ye TERM LIMIT 1 Alan Albin 0 (361) 882-2363 CONTACT Cq DETAILS alan@cctexasdmd.com The Corpus Christi Downtown Management District provides maintenance, security, marketing, and the promotion and improvement of property and facilities within the district; the district has the authority to levy taxes or assessments for improvements in the downtown area. COMPOSITION The district is composed of at least nine, but not more than thirty directors, serving four-year staggered terms. Directors must represent one of the following categories: a resident of the district; an ow ner of property in the district; an ow ner of stock, w hether beneficial or otherw ise, of a corporate ow ner of property in the district; an ow ner of a beneficial interest in a trust that ow ns property in the district; or an agent, employee or tenant of one of the above. Per the Texas Local Government Code, succeeding directors are chosen through the recommendation of the board and the approval of the City Council. CREATION / AUTHORITY Title 12 (Municipal Management District), provisions of Chapter 375, Article III, Section 52, Article XVI, Section 59, Article III, Section 52-a of Texas Constitution and of the Local Government Code; 12/16/94 - amended by-laws to increase directors from seventeen to twenty members; 7/04 the directors voted to decrease directors to fifteen. MEETS 2nd Thursday of the month, 9:00 a.m., IBC Bank, 221 S. Shoreline, 2nd Floor. TERM DETAILS Four-year staggered terms. DEPARTMENT Dow ntow n Management District Corpus Christi Downtown Management District Members December 8, 2015 Two (2) vacancies with terms to 7-31-16 and 7-31-18 representing the following categories: 1- a resident of the district (Resident) and 1- an owner of property in the district (Property Owner). (Note: Directors are chosen through the recommendation of the Board and the approval of the City Council.) (The Corpus Christi Downtown Management District is recommending the new appointments of Lexi Buquet (Resident) and Cherylyn M. Boyd (Property Owner). Name Joe Gonzalez CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Resigned District 2 Partial 07/31/16 Agent, Employee or Tenant Member Michael Richline CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Resigned District 2 1 07/31/18 Stock Owner Member Jonathan Richter CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Active Other/Non-Resident 1 07/31/16 Agent, Employee or Tenant Member Wayne Lundquist CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Active District 4 4 07/31/16 Agent, Employee or Tenant Member Cecil RJohnson CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Active District 1 Partial 07/31/18 Agent, Employee or Tenant Member Tracy' Tray" Bates CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Active District 4 1 07/31/18 Agent, Employee or Tenant Vice -Chair Tim Heuston CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Active District4 1 07/31/16 Agent, Employee or Tenant Member Brad Lomax CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Active District 4 1 07/31/18 Property Owner Member Dee Dee Perez CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Active District 5 2 07/31/18 Agent, Employee or Tenant Member Casey Lain CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Active District 2 2 07/31/18 Property Owner Chair Harold Shockley Jr. CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Active District5 1 07/31/18 Agent, Employee or Tenant Member Janet Maxwell CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Active District 4 Partial 07/31/16 Stock Owner Member Raymond Gignac CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Active District4 3 07/31/16 Property Owner Member Glenn Peterson CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Active District 4 2 07/31/18 Property Owner Member Ajit David CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Active District 4 Partial 07/31/18 Agent, Employee or Tenant Member Corpus Christi Downtown Management District Applicants December 8, 2015 Cherylyn M. Boyd CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT District 1 Stonewater Properties 418 People St., Ste. 205 Corpus Christi TX 361-585-0300 Property Owner Lexi Buquet CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT District 1 Bucket Works, LLC 711 N. Carancahua, Ste. 1603 Corpus Christi TX 361-884-2992 Resident BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Nov 16, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Mrs Prefix Email Address C he rylyn FirA Name M Middle Initial Boyd Which Boards would you like to apply for? CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Street Address Suite orApt City State Postal Code District 1 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 11111111111.111.1111 Primary Phone Alternate Phone Stonewater Properties Regional Property Manager Employer Job Tit 418 People St., Ste 205 WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City TX WorkAddress - State 78401 WorkAddress - Zip Code 361-585-0300 Work Phone cherylyn©stonewaterproperties.com Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No, not at this time Education, Professional and/or Community Activity (Present) MBA from A&M Corpus Christi, Have worked for owners in the downtown area over 30 years. Community Activity includes participation in Sea City Work Camp, President of Corpus Christi Aggie Mom's Registered Voter? QQYes No Current resident of the city? QQYes No 45 years If yes, how many years? Cherylyn Boyd Resume 2014.docx Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Female Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. El IAgree CHERYLYN M. BOYD EMPLOYMENT HISTORY Present Stonewater Properties USA, Inc. Sept. 2009 Regional Property Manager • Lease and manage the operations and maintenance of 13 properties totaling approximately 441,521 sq.ft. of commercial, retail, flex and warehouse space. Successfully increased occupancy by 56.9% since employed. Aug. 2009 NORTEL, San Antonio Nov. 2005 Territory Account Manager -South Texas Reason for leaving: Nortel filed Bankruptcy and company downsized • Manage Partner and customer relationships in the design, purchase, and implementation of voice/data/wireless infrastructure and applications Nov. 2005 INNOVATIVE COMMUNICATIONS SYSTEMS, San Antonio Feb. 2004 Account Executive -Corpus Christi Reason for leaving: Hired by Nortel as Manufacturer Rep. • Manage customer relationships in the design, purchase, and implementation of voice/data/wireless infrastructure and applications August 2001 ONE SHORELINE PLAZA, WILLIFORD PROPERTY GROUP (6/2000-8/2001), Feb. 1991 SHORELINE MANAGEMENT COMPANY (6/1995-6/2000), STARK PROPERTIES MANAGEMENT, INC. (2/1991-6/1995) Property Manager (Promoted from Assistant Manager in 1995) Reason for leaving: Williford chose to bring in a degree'd representative from Houston. • Property Manager in the operations and maintenance of a 361,000 square foot office building. • Developed and implemented an Employee Safety Manual. • Acted as liaison between tenants and owners and vendors and upper management. • Prepared yearly budgets. • Prepared market surveys and maintained relations with other property managers. • Coordinated and supervised tenant improvement construction. • Compiled monthly reports including: General Ledger, Revenue Statement, Occupancy Report, Status of Leases Report, and Construction Reports. • Hired, trained and supervised administrative, maintenance and construction personnel. • Prepare all monthly payroll, payroll taxes, and quarterly reports. • Prepared monthly draws of expenses and rent collections. • Negotiated and prepared new leases for prospective tenants and renewals of leases for existing tenants. EDUCATION Page 2 Cherylyn M. Boyd Resume Texas A&M, Corpus Christi Texas A&M, Corpus Christi Del Mar College: Nortel - QSP IREM IREM BOMA Texas Realtors Institute Hall Institute of Real Estate Dale Carnegie: Zig Ziegler: BOMA: BOMA Downtown Optimist Club Joe Adame, Joe Adame & Assoc. Tara Cupps, Gaelic Management Dennis Dodd, Brocade 2006 Masters of Business Administration (MBA) 2004 Bachelors Degree in Business Administration (BBA) Magna Cum Laude Emphasis: MIS Associates Degree in Business Administration (ABA) Qualified Sales Professional — 90 hrs Sales & Product Training Series 600 Courses (Leadership Series), 300, 400, 500 Courses CPM Candidate (effective 11/99) BOMA Boot Camp Real Estate GRI Course Texas Real Estate License SEMINAR 1996 Motivation and Sales (1993) Emergency Recovery (1994) ORGANIZATIONS Member from 1986 - 2001, President 1997 and 1998 Member 1995- 2001 REFERENCES BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Nov 16, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Ms. Prefix Email Address Lexi B uq uet FirA Name Middle Initial Last Name Which Boards would you like to apply for? CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Street Address Suite orApt City State Postal Code District 1 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 1111111111111.11.16 11111111111.1.1. Primary Phone Alternate Phone Bucket Works, LLC COO/Partner Employer Job Tit 711 N. Carancahua, Suite 1603 WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City TX WorkAddress - State 78401 WorkAddress - Zip Code 361-884-2992 Work Phone lexi@bucketworksadvertising.com Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) BA in Mass Communication, emphasis in Advertising from Texas State University- San Marcos COO/Partner of Bucket Works, LLC Co-Founder/President of Corpus Christi Ride -In Theater Registered Voter? QQYes No Current resident of the city? QQYes No 27 If yes, how many years? DMD Board_ of Director Application.pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Female Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. El IAgree Bucket Works 859"V l I, co jJ . • 0VI+il4aI GV,n1).0, ci,S Nomination for Board of Directors Corpus Christi Downtown Management District Lexi Buquet October 28, 2015 October 28, 2015 Terry Sweeney Executive Director Corpus Christi Downtown Management District 223 N. Chaparral St., Ste. A Corpus Christi, TX 78401 Re: Seeking nomination for Board of Directors Mr. Sweeney, I respectfully request a nomination for a seat on the Board of Directors for the Corpus Christi Downtown Management District (DMD). In the same year I opened my family advertising agency on N. Carancahua, I became a resident of the Marina Arts District. Since 2009, I have been watching the positive renovations and developments take place just outside my windows at Nueces Lofts. I quickly realized the motivation behind the growth and decided that I could do my part and bring value to my neighborhood as well. With the help of like-minded friends and a marketing background, The SpokesPeople came into existence in 2011. Attracting up to 50 casual bicyclists, our mission was to highlight Corpus Christi's charm, which is magnified while on a bike. We hosted social rides that brought business to hotspots of the Marina Arts District like House of Rock, Executive Surf Club, Harrison's Landing, and many other bike -friendly, local establishments. Later that year, I co-founded the Corpus Christi Ride -In Theater, producing the largest outdoor movie screenings in Corpus Christi. Now officially a 501c3, the CC Ride -In Theater has consistently screened cult classics every month in the Watergardens for an audience ranging from 100-1,000. In its fourth year, the CC Ride -In Theater has brought thousands of people off their couches and out of their homes to enjoy a unique outdoor movie experience. Both professionally and personally, I have already made a commitment to my neighborhood and am prepared to extend that commitment by becoming a Board Member of the DMD. I sincerely thank you for your consideration. With appreciation, c71.1.10 L/3u ti4j Lexi Buquet rdilk. rowijes age kr4 -441 .ti Lexi Buquet Partner/COO of Bucket Works, LLC Biography After joining her father's business immediately after graduating from Texas State University — San Marcos, Lexi Buquet was the catalyst for a new venture with her two sisters by establishing Bucket Works, a full service advertising agency in 2009. As a Partner and Chief Operations Officer, Lexi oversees the daily operations at Bucket Works and maintains account relationships with many clients. Having a vital role in the family business, Lexi's devotion to community and personal growth never lessens. Professionally, she has been an active member of the American Advertising Federation -Corpus Christi for nearly a decade, and served as one of the youngest presidents in the Club's history. Consistently for the past several years, Lexi invests her enthusiastic personality and creative talents in the local community. Combining her love of Corpus Christi, bicycling and films, Lexi has been an integral part of founding and operating local groups like a social biking "gang" known as The SpokesPeople and the producer of the city's largest outdoor movie events, Corpus Christi Ride -In Theater. Lexi was named a Corpus Christi Under 40 Recipient in 2010. EXPERIENCE EDUCATION Lexi Buquet Partner/ COO of Bucket Works, LLC Bucket Works, LLC, Partner/Chief of Operations January 2009 — Present • Oversees all day-to-day operations of agency • Serves as account executive for the majority of clients • Serves as Executive Director of the American Advertising Federation — Corpus Christi • Administers and maintains all communication between members and management office for association clients • Manages ten social media platforms, including Facebook, Instagram, Twitter, and YouTube for various clients • Develops content for social media for clients • Serves as a copywriter and creative director for various advertising/marketing campaigns • Develops strategic media plans and oversees all media purchases for clients • Led the social media campaign for the Kara Sands for Nueces County Tax Assessor Collector in 2014 • Led the social media campaign for the Connie Scott for State Representative Campaign in both 2010 and 2012 • Coordinates and executes annual fundraisers, including golf, fishing, and poker tournaments for associations in both EI Paso and the Rio Grande Valley Buquet & Associates, Account Executive August 2006 — December 2008 • Developed and presented strategic marketing campaigns and creative concepts to potential clients, nearly doubling the agency's client base in two years • Planned and organized an annual International Auto Show in both the Rio Grande Valley and Corpus Christi attracting tens of thousands attendees • Coordinated and executed annual industry -wide golf tournaments for the franchised new car dealers in three markets, including the Coastal Bend, Rio Grande Valley and EI Paso • Established email databases to receive monthly electronic notices sent on behalf of clients to enhance communication between members and management office, increasing membership involvement • Introduced the use of social media for clients Bachelor of Arts in Mass Communication Advertising, Texas State University, August 2006, Minor- Spanish VOLUNTEER/ACCOLADES • Co -Founder of Corpus Christi Ride -In Theater, 2011 -Present • President of Corpus Christi Ride -In Theater, 2015-2016 • Co -Founder of The SpokesPeople, 2011 -Present • Board Member, American Advertising Federation — Corpus Christi, 2009-2015 • President, American Advertising Federation — Corpus Christi, 2010-2011 • Steering Committee Member, Corpus Christi Under 40 , 2011 • Corpus Christi Under 40 Recipient, 2010 • Court Appointed Special Advocate, CASA of the Coastal Bend, 2009-2010 City Of Corpus Christi HUMAN RELATIONS COMMISSION BOARD DETAILS OVERVIEW As, SIZE 16 Seats TERM LENGTH 3 Years TERM LIMIT 6 Years CONTACT 1 ChristinaAparicio (361) 826-3190 christinaapar@cctexas.com The Human Relations Commission studies problems of group relationships within the City, and devises and recommends to the Mayor and City Council ways and means of discouraging and combating prejudice, intolerance, and bigotry in all groups in their relations with one another; to discover all practices and policies calculated to create conflicts and tensions, and to recommend ways and means of eliminating any unfair or unjust discrimination by or against any person or group. DETAILS COMPOSITION Sixteen (16) members, fourteen (14) of whom shall be appointed by the Mayor w ith approval of the Council to study problems of group relationships w ithin the City; one (1) who shall represent the selling of dwellings, one (1) who shall represent the renting of dwellings and one (1) member of the staff of the Legal Aid Society to serve continuously, and three (3) shall not be more than 20 years of age at time of appointment serving one-year terms. Eleven (11) members shall serve three-year terms. The chair of the commission shall be designated by the Mayor for a one-year unstaggered terms. The Chairperson of the Committee for Persons w ith Disabilities serves as an ex -officio voting member. CREATION / AUTHORITY Section 24-2, Code of Ordinances; Ord. No. 9410, 7-02-69; Ord. No. 9551; 10422, 10915, 13940, 16467, 023411, 8-18-98; Ord. No. 024364, 2-13-01; Ord. No. 025650, 2-10-04. MEETS 1st Thursday of the month, 5:00 p.m., City Hall, Council Chambers TERM DETAILS Three-year staggered terms. DEPARTMENT Human Relations Human Relations Commission Members December 8, 2015 One (1) vacancy with term to 6-14-17 representing the following category: 1 - regular member. (Mayoral appointment with approval of the Council.) Merced Pena HUMAN RELATIONS COMMISSION Resigned District 1 1 06/14/17 Regular Member Member April Denine Bassett HUMAN RELATIONS COMMISSION Active District 2 1 06/14/18 Regular Member Member Joel Mumphord HUMAN RELATIONS COMMISSION Active District 3 1 06/14/17 Regular Member Member Dr. Roy E. Stock HUMAN RELATIONS COMMISSION Active District 5 Partial 06/14/16 Regular Member Member Nora G Mireles HUMAN RELATIONS COMMISSION Active District 3 1 06/14/18 Rental Dwellings Member Melody T Guerrero HUMAN RELATIONS COMMISSION Active District 5 1 06/14/16 Youth Member Richard Balli HUMAN RELATIONS COMMISSION Active District 2 N/A CFPWD, Chair Exofficio-Voting Member Andres Rodriguez HUMAN RELATIONS COMMISSION Active District 4 Partial 06/14/16 Regular Member Member Alice Aparicio-Bussey HUMAN RELATIONS COMMISSION Active District 3 1 06/14/16 Sells Dwellings Member Rene Saenz HUMAN RELATIONS COMMISSION Active District 3 1 06/14/17 Regular Member Member William "Mickey" Kramer Jr. HUMAN RELATIONS COMMISSION Active District 5 2 06/14/18 Regular Member Chair - Term to 6/14/16 Elias Valverde HUMAN RELATIONS COMMISSION Active District 5 2 06/14/16 Regular Member Member Saherish Surani HUMAN RELATIONS COMMISSION Active District 5 2 06/14/16 Youth Member Carlos Aguinaga HUMAN RELATIONS COMMISSION Active N/A Legal Aide Society, Continuous Member Robert A Bonilla HUMAN RELATIONS COMMISSION Active District 4 1 06/14/16 Youth Member Lyndon Smiling HUMAN RELATIONS COMMISSION Active District 4 1 06/14/17 Regular Member Member Human Relations Commission Applicants December 8, 2015 =•- ••• _ District 111.1 111Mr .. q ••• - Bilaye Benibo HUMAN RELATIONS COMMISSION District 1 Texas A&M University -Corpus Christi 6300 Ocean Drive Corpus Christi TX (361) 825-5890 Laura Commons HUMAN RELATIONS COMMISSION District 2 Keller Williams Coastal Bend 45187 Everhart Rd., Ste. 101 Corpus Christi TX (361) 225-2853 Darrell Hillenburg HUMAN RELATIONS COMMISSION District 5 Republican Party of Texas 4639 Corona, Ste. 5 Corpus Christi TX (361) 929-1355 William Menard, Jr. HUMAN RELATIONS COMMISSION District 2 Menard Electronics, Inc. Maria Rodriguez HUMAN RELATIONS COMMISSION District 3 Frost Bank 4215 S. Staples St. Corpus Christi TX BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Nov 10, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Dr. Prefix Email Address Bilaye FirA Name R. Middle Initial Benibo Last Name Which Boards would you like to apply for? HUMAN RELATIONS COMMISSION Street Address Suite orApt City What district do you live in? Please CLICK HERE for a map to verify your district assignment. 111111111.1111111111111 Primary Phone Alternate Phone Texas A&M University -Corpus Christi Professor of Sociology Employer Job Tit 6300 Ocean Drive WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City Texas WorkAddress - State 78412 State Postal Code WorkAddress - Zip Code (361) 825-5890 Work Phone bilaye.benibo@tamucc.edu Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) None Registered Voter? QYes No Current resident of the city? DYes No 21 years If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. African American Ethnicity Female Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. El IAgree BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Oct 25, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Laura M. Prefix First Name Middle Initial Email Address Commons Last Name Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU, HUMAN RELATIONS COMMISSION Street Address Suite orApt City State Postal Code District 2 What district do you live in? Please CLICK HERE for a map to verify your district assignment. vOMINN=M1 Primary Phone Alternate Phone Keller Williams Coastal Bend Employer 45187 Everhart Rd., suite 101 WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City Tx WorkAddress - State 78411 Realtor Job Title WorkAddress - Zip Code 3612252853 Work Phone Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I have served 6 yrs on the Landmark Commission. My term ends November 1, 2015. Education, Professional and/or Community Activity (Present) Real Estate license, Del Mar College, Vice President of CASA of the Coastal Bend Board, Chairman of the Landmark Commission, Fiesta De Los Ninos Committee Member, Silent Auction Co -Chair Fiesta De Los Ninos, Agent Leadership Council/ Keller Williams Coastal Bend Registered Voter? QQYes No Current resident of the city? QQYes No 45 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Female Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. El IAgree BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Sep 30, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Darrell W Hillenburg Prefix First Name Middle Initial Email Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION, COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE, HUMAN RELATIONS COMMISSION, MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Street Address Suite orApt City State Postal Code District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone Republican Party of Texas Employer 4639 Corona, Suite 5 WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City Texas WorkAddress - State Regional Political Field Director Job Title 78411 WorkAddress - Zip Code (361) 929-1355 Work Phone dhillenburg@texasgop.org Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No I do not. Education, Professional and/or Community Activity (Present) BS in Political Science, with a minor in History, from Texas A&M University College Station. I am a Regional Political Field Director for the Republican party. I plan, manage, and coordinate with any and all political campaigns or elected officials within my region. My region consists of six counties: Aransas, Bee, Jim Wells, Kleberg, Nueces, and San Patricio. I attend any political or, city oriented events within my region, as the representative for the Republican Party of Texas; upholding and sharing the values and principles it stands for. I am currently apart of the Nueces County Republican Club, CC Patriots Tea Party Club, CC Liberty Caucus, and CC Aggie Alumni Club. Registered Voter? QQ Yes No Current resident of the city? QQYes 0 N 19 If yes, how many years? Darrell Resume.docx Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. ® IAgree Darrell W. Hillenburg EDUCATION Texas A&M University — College of Liberal Arts Bachelor of Science - Major: Political Science - Minor: History Graduated May 2014 Del Mar College - 24 High School Dual Credit hours Group 3 Fall 2010 — Spring 2014 Fall 2008 — Spring 2010 WORK EXPERIENCE Republican Party of Texas, Corpus Christi, TX Summer 2014 — Present Regional Political Director - Represent the Republican Party of Texas Platform and values within the Coastal Bend and surrounding counties. Attend and participate, as the Republican Party Representative, in local events, meetings, and clubs within my designated region. Consult and help with any Republican campaigns within my region. Plan, coordinate, and participate in campaign events within my area; which include but, are not limited to: Deputy Registrar trainings, phone banks, block walks, and fundraisers. Recruit, train, and coordinate volunteers on behalf of the Republican Party and Republican Candidates. Worked in Louisiana, as a representative of the Republican Party of Texas, for the 2015 US Senate Runoff Race. The Office of Congressman Blake Farenthold, Corpus Christi, TX Summer 2014 Political Science Intern - Manage the Congressman's Nomination Application process for all candidates applying to the five United States Service Academies. - Identify and research all constituents that are recipients of awards or special attention in all counties of the 27th district, and draft congratulatory letters on behalf of the Congressman. - Perform various office administration duties and prepare for meetings with constituents. Computershare Funds, College Station, TX Spring 2014 — Summer 2014 Proxy Call Agent - Contact shareholders and stockholders to discuss their investment portfolios. - Answer questions and inform them of upcoming financial investment conferences. - Receive, organize and cast shareholder / stockholder votes and input them into Proxy 01. Texas A&M University Logistic Services, College Station, TX Spring 2012 — Fall 2012 Mail Clerical Assistant - Process and deliver International Global Priority, International Express, US Express and Certified Return Receipt Requested mail within all time constraints. - Retrieval of all outgoing mail and packages from all departments of Texas A&M University. - Systematically sort and file all retrieved mail for next day delivery. Marshall's Business Records Inc., Corpus Christi, TX Summer 2011 — Fall 2011 Clerical Assistant - Compile and sort legal documents, subpoenas, and court records. - Schedule and execute daily delivery routes for all legal documents, subpoenas, and packages. - Coordinate retrieval of all subpoenaed records and legal documents. - Simultaneously prioritize and file legal documents as they pertain to subject and case. - Conduct business calls, schedule appointments, and perform various administrative tasks. Group 3 ACTIVITIES & LEADERSHIP Republican Party of Texas Campaign Management School July 2015 - Attend daily lectures and meetings, put on by some of the most well-known and experienced political professionals. - Learn the process through which a political campaign is started and completed. - Acquire the knowledge to run a campaign at a local, state, or federal level. - Create and present a full campaign plan that included a campaign calendar, campaign strategy, and finances and fundraising based off of the situation and area provided to us. European Academy Study Abroad Summer 2013 - Cross-cultural program studying political, legal, economic, historical and cultural issues within the governance system of the European Union. - Research and attend presentations and lectures at the University of Passau in Germany. - Analyze and discuss current political and economic issues of the European Union throughout the different regions with various officials and guest speakers. - Collaborate with program members on proposed solutions to European Union issues based on historical data, conclusive evidence, and plausible alternatives. "Big Event" — Community Outreach Spring 2011 — Spring 2013 Team Leader — Three years - Acquire and coordinate team assignment, tools, and transportation to provide community services. - Assign and direct all member roles and tasks while carrying out the objective in the most safe and efficient manner. Pi Kappa Phi Fraternity Spring 2011 - Present Academic Chair - Compile and maintain test bank with up to date reviews and completed tests of all subjects. - Schedule any and all events pertaining to academics. Member Education - Teach Associate Members the mission and traditions of Pi Kappa Phi. - Schedule rituals and events for Associate Members to network with the fraternity. Push Committee - Plan, schedule, and coordinate all philanthropy events for each semester. Rush Committee - Plan and coordinate the three week long new member recruitment. - Collect and budget all finances, and manage all events and prospective members throughout the recruitment process. Sorority Relations - Collaborate and organize events with multiple sororities and ensure participation in all sorority philanthropies. - Coordinate and distribute gifts on all holiday and celebratory occasions. Aggie Gulf Coast Fishermen Coastal Conservation Association Ducks Unlimited Texas Aggie Conservatives Intramural Sports SKILLS Computer/Social Media - Microsoft Office - Photoshop - Proxy 01 - R Statistical - Stata - Facebook - Instagram - Twitter Fall 2010 — Spring 2012 Fall 2010 — Spring 2014 Fall 2010 — Spring 2012 Fall 2011 — Spring 2014 Spring 2011 — Spring 2011 Personal - Effective time management and organizational skills - Experienced in professional environment - Problem solving and attention to detail - Strong and effective communicator REFERENCES Mr. John McCord Political Director, Republican Party of Texas Mr. Bob Haueter Chief of Staff, Office of Congressman Blake Farenthold Dr. John D. Robertson Professor, Texas A&M University Mrs. Karren Marshall CEO, Marshall's Business Records Inc. Mr. Carter Hastings Law Student, Southern Methodist University Group 3 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Apr 10, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile William Prefix First Name Middle Initial Email Address Menard Jr. Last Name Which Boards would you like to apply for? AIRPORT BOARD, ANIMAL CARE ADVISORY COMMITTEE, BOARD OF ADJUSTMENT, CIVIL SERVICE BOARD, CIVIL SERVICE COMMISSION, ETHICS COMMISSION, HUMAN RELATIONS COMMISSION, LIBRARY BOARD, MAYOR'S FITNESS COUNCIL, OIL AND GAS ADVISORY COMMITTEE, PARKS AND RECREATION ADVISORY COMMITTEE Street Address City District 2 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 41101•11.1•10 1111111101.1111111 Primary Phone Alternate Phone MENARD ELECTRONICS, INC. Employer WorkAddress- Street Address and Suite Number WorkAddress - City PURCHASING MANAGER Job Title Suis: State WorkAddress - State WorkAddress - Zip Code Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) BRAZOSWOOD HIGH SCHOOL, CLUTE, TX 1999; TEXAS A&M UNIVERSITY -CORPUS CHRISTI, B.A. IN POLITICAL SCIENCE -GRADUATING AUGUST, 2014. Registered Voter? QQ Yes No Current resident of the city? QQYes No 6 If yes, how many years? Bryan_Menard 2015 resume 2 .pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. ® IAgree Bryan Menard Jr. Experience Menard Electronics, Inc. Houston, TX/Baton Rouge, LA/Corpus Christi, TX Special Projects Manager August 2012 - Present • Managed operations of multi -branch electrical and electronics distribution business • Analyze distribution operations and formulate strategies for improvements in productivity and reduce costs • Coordinate with management on recommended changes, collaborate via presentations, meetings, and regular on-site visits • Manage relationships with third -party vendors and suppliers • Decommissioned on-site servers; Implemented and continue to manage Office -in -the -Cloud functionality • Streamlined operations, moving toward paperless system slowly and methodically in order not to disrupt ongoing operations and continuity with existing staff members • Oversaw relocation of front-office functions from Louisiana to Texas • Managed and oversaw renovation of Louisiana facility from corporate headquarters to branch location • Rewrote and continue to manage operations and procedures manuals for accounting, sales, and warehouse operations • Built team of four accounting staff to manage new operation in Texas • Administer Prophet 21 Distribution System & Wireless Warehouse • Regular travel between Corpus Christi, Houston, and Baton Rouge • Extensive use of Webex/Teleconferencing for coordination between management of multiple branches, reducing travel & related expenses Purchasing/IT Manager November 2004 -August 2012 • Managed purchasing department of a multi -branch distribution firm • Expedited orders, updated required dates • Oversaw IT -related issues, including two major server installations/upgrades as well as day-to-day operations • Manage inventory valued at more than $ 500,000 • Converted warehouses to bar-code binning • Oversaw conversion from dot matrix to laser printing • Manage relationships with numerous major vendors • Correspond daily with manufacturers and suppliers • Implemented/Maintained Site -to -Site Secure VPN • Administered Prophet 21 Distribution System Inside Sales Representative June 2000 - November 2004 • Managed assigned accounts in the Baton Rouge, LA area • Provided sales support for assigned clients • Provided technical support to all clients of the Baton Rouge branch • Established new client relationships Education: Texas A&M University - Corpus Christi Corpus Christi, TX 110 hours toward BA - Political Science (part time) 2008 -Present Estimated Graduation: May 2016 Research Emphasis: Regulatory Politics Brazoswood High School Clute, Texas Graduation - May 1999 Additional Skills: • Class B Commercial Driver License • Experienced in Windows and Mac OS environments • Proficient in Microsoft Office • Excellent penmanship • 75 wpm typing rate References: Available upon request BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: May 04, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Maria G. Prefix First Name Middle Initial Email Address Rodriguez Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION, HUMAN RELATIONS COMMISSION Street Address Suite orApt City State Postal Code District 3 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 1101114.10 Primary Phone Alternate Phone FROST BANK Employer 4215 S. STAPLES ST WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78411 CUSTOMER SERVICE REPRESENTATIVE WorkAddress - Zip Code Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) ASSISTING MARTIN MIDDLE SCHOOL CHOIR TEACHER WITH CONCERT PREPARATION AND ORGANIZATION Registered Voter? QQYes No Current resident of the city? QQYes No 19 If yes, how many years? RODRIGUEZ_23pdf Upload a Resume RODRIGUEZ.pdf Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Female Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. (Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® (Agree Oath swear that all of the statements included in my application are true and correct. El IAgree Maria G. Rodriguez An efficient and time manageable student seeking a position the will professionally prepare me for after completion of degree. Education: '13-'13 Saint Mary's University, San Antonio, Texas College Hours Earned- 9 credit hours '09-' 13 Del Mar College, Corpus Christi, Texas College Hours Earned - 40 credit hours '09-'13 Collegiate High School, Corpus Christi, Texas Graduated May 2013 Experience: • Lab Assistant • Worked with teacher to ensure Tabs were followed through properly • Assisted biology students with labs • Ensured that chemicals were handled properly • SAT Prep Course Assistant • Properly prepare freshman to take the PSAT • Successfully assist in the distribution knowledgeable material in more than just the traditional way • English 1 Tutor • Assist underclassmen in the many different steps in editing their high school and college papers • Ensure that knowledge of proper editing was taught, not just handed to them • E.P.I.0 Conference Presenter • Created a presentation suitable for 9th grade students to consume and interact with Activities: • Student Council • Prom Committee • Head of committee during the 2012-2013 school year • H.1.P • Mentorship program; Seniors mentoring Freshman • D.E.C.A Community Service: • Martin Middle School • Boy Scouts of America • Collegiate High School • Oak Park Elementary • StMU Law School Boo Bash Awards and Honors • Poem Published via Creative Communications • D.E.C.A District winner in Human Resource Management • D.E.C.A Internationalist Skills: • Excellent Communication Skills • Excellent Presentation Skills • Mac OS Proficiency • Windows OS Proficiency References available upon request Maria G. Rodriguez Personal Mission Statement My purpose is to gain professional experience, expand my current professional and personal networks, and prepare myself to work with an array of individuals. January 28, 2015 To whom it may concem, I have lived in the city my whole life and after graduating from Collegiate High School I had a new gained love and respect for the city. Dr. Rodriguez taught me that volunteering in the community was an essential part of growing into a civic minded community member, and since graduation I have been attempting to find a way to make a difference in the city. Applying for two commissions that include activities and topics that are close to my heart seem like the perfect way to give back to the city that has given so much to me. I would adore being able to work on the various arts and even human relations within the city. Thank you for opportunity to apply for a position. Respectful ours, G. Rodriguez City Of Corpus Christi MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD BOARD DETAILS SIZE 8 Seats TTERM LENGTH 3 Years OVERVIEW TERM LIMIT 6 Years CONTACT 1 Arlene Medrano 0 (361) 826-3355 arlenem@cctexas.com The Museum of Science and History Advisory Board serves as an advisor to the Museum Department and to the City Council in matters of support and development of the museum. The Board may adopt comprehensive policies relating to the following: (1) Management of collections; (2) Acquisitions for the collections; (3) Disposition and the de - acquisition of objects in and for the collection; (4) Use of museum facilities. �q DETAILS COMPOSITION Six (6) members appointed by the Mayor, with advice and consent of the Council, to be selected as follows: Two (2) nominated by Friends of the Museum; Four (4) nominated by the Mayor w ho shall seek at least one member from each of the following fields: K-12 Education, Higher Education and the Business Community. Ex -officio members shall include the City Manager and Superintendent of CCISD, or their designated representatives. The Mayor may also choose other advisory members he/she deems serves the best interest of the museum. The term of each advisory member shall be three (3) years. CREATION / AUTHORITY Section 2-90, Code of Ordinances. Ord. No. 11090; 19350 - 6/10/86; 20294 - 5/3/88, 029642 10/09/12. MEETS At least once quarterly at noon at the Museum of Science and History Conference Room at 1900 N Shoreline Blvd. TERM DETAILS Three-year terms. DEPARTMENT General Government & Operations Support Museum of Science and History Advisory Board Members December 8, 2015 Seven (7) vacancies with terms to 12-11-18 representing the following categories: 4 - members from one of the following fields: K-12 Education, Higher Education or the Business Community, 2 - members nominated by the Friends of the Museum and 1- Advisory, non-voting member. (Note: Advsiory, non-voting members are appointed at the Mayor's discretion.) (Mayoral appointment with advice and consent of the Council.) IT1EiZ.YT_1io I13TII ..Si -7 . . . Steve Arnold MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Seeking reappointment District 5 Partial 12/11/15 Friends of the Museum Member 100% 2/2 Sonia Castillo MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Seeking reappointment District 5 Partial 12/11/15 Business Community Member 50% 1/2 Anita Eisenhauer MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Seeking reappointment District 1 Partial 12/11/15 Advisory, non-voting Member 50% 1/2 Jonda Halcomb MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Seeking reappointment District 4 1 12/11/15 Higher Education Chair 67% 2/3 (1 exc.) Amanda Leal MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Seeking reappointment District 1 Partial 12/11/15 Friends of the Museum Member 67% 2/3 Shannon Madden MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Not seeking reappointment District 3 1 12/11/15 Advisory, non-voting Member Cary Perales MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Seeking reappointment District 2 Partial 12/11/15 K-12 Education Member 100% 3/3 Scott Sutherland MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Seeking reappointment District 4 1 12/11/15 Business Community Vice -Chair 67% 2/3 Museum of Science and History Advisory Board Applicants December 8, 2015 Inrcmv rnlarn n MI !CFI IM rIC CCIFNCF ANn ulc-rnRV AnvicnRV RrOARf nicrrirr7 Rrnnkc rhanul nuvulnnmant !-li ,har r,Inrarinn Darrell Hillenburg MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD District5 Ruben E. Rocha, Jr. MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD District5 Robert Trevino MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD District 5 Republican Party of Texas 4639 Corona, Ste. 5 Corpus Christi TX 361-929-1355 Business Community Corpus Christi Independent School District 801 Leopard Corpus Christi TX 361-695-7516 K-12 Education Corpus Christi Army Depot Corpus Christi TX 361-961-4296 Business Community Kathryn Wemer MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD District4 Corpus Christi Independent School District K-12 Education BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Dec 08, 2014 Status: submitted Profile PreI x F�rria� is ' Jeremy L. Coleman First Name Middle Last Name Initial Which Boards would you like to apply for? CLEAN CITYADVISORYCOMMITTEE, HOUSING AUTHORITY, MAYOR'S FITNESS COUNCIL, MUSEUM OF SCIENCE AND HISTORYADVISORY BOARD, TREE ADVISORY COMMITTEE Street Address Suite orApt Get}' Ji=- Podal Code District 2 What district do you live in? Please CLICK HERE for a map to verify your district assignment 1111110111111111110 Pnmary Phone Alternate Phone BROOKS CHAPEL DEVELOPMENT CENTER, INC. CHAIRMAN/CEO Employer sob Title WorkAddress- Street Address and Suite Number WorkAddress- City WorkAddress- State WorkAddress- Zip Code Work Phone Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SEE ATTACHED RESUME Registered Voter? SIYes ONo Current resident of the city? Yes O No If yes, how many years? COLEMAN.pdf Upload a Resume Please upload any additional supporting ducumenis Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. African American Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. l [Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. ® iAgree Board -specific questions (if applicable) Question applies to MUSEUM OF SCIENCE AND HISTORYADVISORYBOARD. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Higher Education Mr. Jeremy Lane Coleman OBJECTIVE: To become employed with your company as an administrative assistant or office manager. HIGHLIGHTS OF QUALIFICATIONS: • Eight years office management experience • Three years classroom experience working with elementary population • A born leader; effectively handled position of major responsibility on a continuous path of professional advancement • Well organized; strong in planning and implementing programs • Able to set and achieve goals • Fast learner with a wide range of practical skills • Special talent for relating well with all types of people • Excellent communication skills — verbal and written • Skill in dealing with sensitive populations in a professional and concerned manner • Able to handle a multitude of details at once, meeting deadlines under pressure • A decision maker; resourceful, and works well independently or as a cooperative team worker • Self -motivated; able to learn anything on own initiative • Exceptional organizational skills PROFESSIONAL EXPERIENCE: • Manage and maintain executives' schedules • Prepare invoices, reports, memos, letters, financial statements and other documents using word processing, spreadsheet, database and presentation software • Read and analyze incoming memos, submissions, and reports to determine their significance and plan their distribution • Open, sort, and distribute incoming correspondence, including faxes and email • File and retrieve corporate documents, records, and reports • Prepare responses to correspondence containing routine inquiries • Perform general office duties such as ordering supplies, maintaining records, management systems and performing basic bookkeeping work • Prepare agendas and make arrangements for committee, board, and other meetings • Served as liaison to company executives on employee relations and job performance for call center • Provide assistance to students with special needs, such as those with physical and mental disabilities • Tutor and assist children individually or in small groups in order to help them master assignments and to reinforce learning concepts presented by teachers • Organize and Iabel materials and display students' work in a manner appropriate for their eye levels and perceptual skills • Enforce administration policies and rules governing students • Present subject matter to students under the direction and guidance of teachers, using lectures, discussions, or supervised role-player methods TECHNICAL SKILLS Computer literate Word, Excel, Access, PowerPoint, internet, QuickBooks, P.D.S., Quicken, Grassroots, data entry programs, 10 -key by touch, most office equipment including fax machine and copiers EMPLOYMENT HISTORY 5 years Instructional Assistant;'Substitute 2 years Senior Sales Representative I year 1 year 7 years Office Administrator Administrative Assistant Church Secretary EDUCATION (carra* prrrsurned B.A.,Business Administration Graduate Richard King High School Certification QuickBooks Pro2008 Certification TOPS Certification ESC2 West Oso ISD APAC N.A.A.C.P., Inc. Brooks Chapel E.C.D.,Inc. St. John Baptist Church Corpus Christi, TX Corpus Christi, TX Corpus Christi, TX Corpus Christi, TX Corpus Christi, TX Del Mar College Corpus Christi, TX Corpus Christi, TX Del Mar College Corpus Christi, TX E.S.C.2 Corpus Christi, TX PROFESSIONAL AND COMMUNITY ASSOCIATIONS • Chairman— Brooks Chapel Early Childhood Center,Inc. • President of Ignite Political Action Committee • Past Board Member- Sister City Council of Corpus Christi • Past County Board Member Nueces County Community Action Agency • Former Chairman and President Youth Council & Foundation of Corpus Christi • Former Board Member Mayor's Advisory Council • National Board Member— Camp Fire U.S.A, • Former Chairman of Health Committee -- N.A.A.C.P. • Member State of Texas Student Council Association • Past Secretary — N.A.A.C.P. Executive Committee • Past President — City -Wide Youth Council of Corpus Christi • Past G.S.A. Coordinator • Former Member of Student Government Association/Del Mar College • Past President and Founder — Barclay Grove Resident Association • Past Vice President — C.A.T.C.H. Youth, Inc. • Former Board Member of Sister Cities of Corpus Christi • Past President of Coastal Bend Young Democrats BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Sep 30, 2015 Status: submitted Profile Darrell Prat Email Address W Hillenburg ddle L® 4,45.11111. Initial Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION, COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE, HUMAN RELATIONS COMMISSION, MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Street Address Suite or Apt City Srulu Postal Code District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Republican Party of Texas 4639 Corona, Suite 5 Addresand Suite Number Corpus Christi WorkAddrem -City Texas WorkAddres - State Immesne Alternate Phone Regional Political Field Director 78411 WorkAddres-Zip Code (361) 929-1355 Work Phone dhillenburg@texasgop.org Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No I do not. Education, Professional and/or Community Activity (Present) BS in Political Science, with a minor in History, from Texas A&M University College Station. I am a Regional Political Field Director for the Republican party. I plan, manage, and coordinate with any and all political campaigns or elected officials within my region. My region consists of six counties: Aransas, Bee, Jim Wells, Kleberg, Nueces, and San Patricio. I attend any political or, city oriented events within my region, as the representative for the Republican Party of Texas; upholding and sharing the values and principles it stands for. I am currently apart of the Nueces County Republican Club, CC Patriots Tea Party Club, CC Liberty Caucus, and CC Aggie Alumni Club. Registered Voter? QQ Yes 0 No Current resident of the city? © Yes 0 No 19 If yes, how many years? Darrell_Resume.docx Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for stalisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Male Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® !Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and 1 hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree I swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) Quesbon applies to MUSEUM OF SCIENCE AND HISTORYADVISORYBOARD . Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ K -12 Education ❑ Higher Education Etli usiness Community ❑ Friends of the Museum Nominee ❑ None of the Above Darrell W. Hillenburg EDUCATION Texas A&M University — College of Liberal Arts Bachelor of Science - Major: Political Science - Minor: History Graduated May 2014 Del Mar College - 24 High School Dual Credit hours WORK EXPERIENCE Republican Party of Texas, Corpus Christi, TX Regional Political Director Represent the Republican Party of Texas Platform and values within the Coastal Bend and surrounding counties. Attend and participate, as the Republican Party Representative, in local events, meetings, and clubs within my designated region. Consult and help with any Republican campaigns within my region. Plan, coordinate, and participate in campaign events within my area; which include but, are not limited to: Deputy Registrar trainings, phone banks, block walks, and fundraisers. Recruit, train, and coordinate volunteers on behalf of the Republican Party and Republican Candidates. Worked in Louisiana, as a representative of the Republican Party of Texas, for the 2015 US Senate Runoff Race. The Office of Congressman Blake Farenthold, Corpus Christi, TX Summer 2014 Political Science Intern - Manage the Congressman's Nomination Application process for all candidates applying to the five United States Service Academies. Identify and research all constituents that are recipients of awards or special attention in all counties of the 27th district, and draft congratulatory letters on behalf of the Congressman. - Perform various office administration duties and prepare for meetings with constituents. Spring 2014 — Summer 2014 Group 3 Fall 2010 — Spring 2014 Fall 2008 — Spring 2010 Summer 2014 — Present Computershare Funds, College Station, TX Proxy Call Agent Contact shareholders and stockholders to discuss their investment portfolios. Answer questions and inform them of upcoming financial investment conferences. Receive, organize and cast shareholder stockholder votes and input them into Proxy 01. Texas A&M University Logistic Services, College Station, TX Spring 2012 — Fall 2012 Mail Clerical Assistant Process and deliver International Global Priority, International Express, US Express and Certified Return Receipt Requested mail within all time constraints. Retrieval of all outgoing mail and packages from all departments of Texas A&M University. - Systematically sort and file all retrieved mail for next day delivery. Marshall's Business Records Inc., Corpus Christi, TX Summer 2011 — Fall 2011 Clerical Assistant Compile and sort legal documents, subpoenas, and court records. Schedule and execute daily delivery routes for all legal documents, subpoenas, and packages. - Coordinate retrieval of all subpoenaed records and legal documents. - Simultaneously prioritize and file legal documents as they pertain to subject and case. - Conduct business calls, schedule appointments, and perform various administrative tasks. Group 3 ACTIVITIES & LEADERSHIP Republican Party of Texas Campaign Management School July 2015 - Attend daily lectures and meetings, put on by some of the most well-known and experienced political professionals. Learn the process through which a political campaign is started and completed. Acquire the knowledge to run a campaign at a local, state, or federal level. Create and present a full campaign plan that included a campaign calendar, campaign strategy, and finances and fundraising based off of the situation and area provided to us. European Academy Study Abroad Summer 2013 Cross-cultural program studying political, legal, economic, historical and cultural issues within the governance system of the European Union. - Research and attend presentations and lectures at the University of Passau in Germany. - Analyze and discuss current political and economic issues of the European Union throughout the different regions with various officials and guest speakers. Collaborate with program members on proposed solutions to European Union issues based on historical data, conclusive evidence, and plausible alternatives. "Big Event" — Community Outreach Spring 2011 — Spring 2013 Team Leader —Three years - Acquire and coordinate team assignment, tools, and transportation to provide community services. - Assign and direct all member roles and tasks while carrying out the objective in the most safe and efficient manner. Pi Kappa Phi Fraternity Spring 2011 - Present Academic Chair - Compile and maintain test bank with up to date reviews and completed tests of all subjects. - Schedule any and all events pertaining to academics. Member Education - Teach Associate Members the mission and traditions of Pi Kappa Phi. - Schedule rituals and events for Associate Members to network with the fraternity. Push Committee - Plan, schedule, and coordinate all philanthropy events for each semester. Rush Committee - Plan and coordinate the three week long new member recruitment. - Collect and budget all finances, and manage all events and prospective members throughout the recruitment process. Sorority Relations - Collaborate and organize events with multiple sororities and ensure participation in all sorority philanthropies. - Coordinate and distribute gifts on all holiday and celebratory occasions. Aggie Gulf Coast Fishermen Coastal Conservation Association Ducks Unlimited Texas Aggie Conservatives Intramural Sports SKILLS Computer/Social Media Microsoft Office - Stata - Photoshop - Facebook - Proxy 01 - Instagram R Statistical - Twitter Fall 2010—Spring 2012 Fall 2010 — Spring 2014 Fall 2010 — Spring 2012 Fall 2011 —Spring 2014 Spring 2011— Spring 2011 Personal - Effective time management and organizational skills - Experienced in professional environment Problem solving and attention to detail Strong and effective communicator REFERENCES Mr. John McCord Political Director, Republican Party of Texas Mr. Bob Haueter Chief of Staff, Office of Congressman Blake Farenthold Dr. John D. Robertson Professor, Texas A&M University Mrs. Karren Marshall CEO, Marshall's Business Records Inc. Mr. Carter Hastings Law Student, Southern Methodist University Darrell W. Hillenburg EDUCATION Texas A&M University — College of Liberal Arts Bachelor of Science - Major: Political Science - Minor: History Graduated May 2014 Del Mar College - 24 High School Dual Credit hours Group 3 Fall 2010 — Spring 2014 Fall 2008 — Spring 2010 WORK EXPERIENCE Republican Party of Texas, Corpus Christi, TX Summer 2014 — Present Regional Political Director - Represent the Republican Party of Texas Platform and values within the Coastal Bend and surrounding counties. Attend and participate, as the Republican Party Representative, in local events, meetings, and clubs within my designated region. Consult and help with any Republican campaigns within my region. Plan, coordinate, and participate in campaign events within my area; which include but, are not limited to: Deputy Registrar trainings, phone banks, block walks, and fundraisers. Recruit, train, and coordinate volunteers on behalf of the Republican Party and Republican Candidates. Worked in Louisiana, as a representative of the Republican Party of Texas, for the 2015 US Senate Runoff Race. The Office of Congressman Blake Farenthold, Corpus Christi, TX Summer 2014 Political Science Intern - Manage the Congressman's Nomination Application process for all candidates applying to the five United States Service Academies. - Identify and research all constituents that are recipients of awards or special attention in all counties of the 27th district, and draft congratulatory letters on behalf of the Congressman. - Perform various office administration duties and prepare for meetings with constituents. Computershare Funds, College Station, TX Spring 2014 — Summer 2014 Proxy Call Agent - Contact shareholders and stockholders to discuss their investment portfolios. - Answer questions and inform them of upcoming financial investment conferences. - Receive, organize and cast shareholder / stockholder votes and input them into Proxy 01. Texas A&M University Logistic Services, College Station, TX Spring 2012 — Fall 2012 Mail Clerical Assistant - Process and deliver International Global Priority, International Express, US Express and Certified Return Receipt Requested mail within all time constraints. - Retrieval of all outgoing mail and packages from all departments of Texas A&M University. - Systematically sort and file all retrieved mail for next day delivery. Marshall's Business Records Inc., Corpus Christi, TX Summer 2011 — Fall 2011 Clerical Assistant - Compile and sort legal documents, subpoenas, and court records. - Schedule and execute daily delivery routes for all legal documents, subpoenas, and packages. - Coordinate retrieval of all subpoenaed records and legal documents. - Simultaneously prioritize and file legal documents as they pertain to subject and case. - Conduct business calls, schedule appointments, and perform various administrative tasks. Group 3 ACTIVITIES & LEADERSHIP Republican Party of Texas Campaign Management School July 2015 - Attend daily lectures and meetings, put on by some of the most well-known and experienced political professionals. - Learn the process through which a political campaign is started and completed. - Acquire the knowledge to run a campaign at a local, state, or federal level. - Create and present a full campaign plan that included a campaign calendar, campaign strategy, and finances and fundraising based off of the situation and area provided to us. European Academy Study Abroad Summer 2013 - Cross-cultural program studying political, legal, economic, historical and cultural issues within the governance system of the European Union. - Research and attend presentations and lectures at the University of Passau in Germany. - Analyze and discuss current political and economic issues of the European Union throughout the different regions with various officials and guest speakers. - Collaborate with program members on proposed solutions to European Union issues based on historical data, conclusive evidence, and plausible alternatives. "Big Event" — Community Outreach Spring 2011 — Spring 2013 Team Leader — Three years - Acquire and coordinate team assignment, tools, and transportation to provide community services. - Assign and direct all member roles and tasks while carrying out the objective in the most safe and efficient manner. Pi Kappa Phi Fraternity Spring 2011 - Present Academic Chair - Compile and maintain test bank with up to date reviews and completed tests of all subjects. - Schedule any and all events pertaining to academics. Member Education - Teach Associate Members the mission and traditions of Pi Kappa Phi. - Schedule rituals and events for Associate Members to network with the fraternity. Push Committee - Plan, schedule, and coordinate all philanthropy events for each semester. Rush Committee - Plan and coordinate the three week long new member recruitment. - Collect and budget all finances, and manage all events and prospective members throughout the recruitment process. Sorority Relations - Collaborate and organize events with multiple sororities and ensure participation in all sorority philanthropies. - Coordinate and distribute gifts on all holiday and celebratory occasions. Aggie Gulf Coast Fishermen Coastal Conservation Association Ducks Unlimited Texas Aggie Conservatives Intramural Sports SKILLS Computer/Social Media - Microsoft Office - Photoshop - Proxy 01 - R Statistical - Stata - Facebook - Instagram - Twitter Fall 2010 — Spring 2012 Fall 2010 — Spring 2014 Fall 2010 — Spring 2012 Fall 2011 — Spring 2014 Spring 2011 — Spring 2011 Personal - Effective time management and organizational skills - Experienced in professional environment - Problem solving and attention to detail - Strong and effective communicator REFERENCES Mr. John McCord Political Director, Republican Party of Texas Mr. Bob Haueter Chief of Staff, Office of Congressman Blake Farenthold Dr. John D. Robertson Professor, Texas A&M University Mrs. Karren Marshall CEO, Marshall's Business Records Inc. Mr. Carter Hastings Law Student, Southern Methodist University Group 3 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Oct 09, 2015 Status: submitted Profile Prefix Ruben First Nam Email Address E Rocha Middle Initial Last Name Jr Suffix Which Boards would you like to apply for? MUSEUM OF SCIENCE AND HISTORYADVISORY BOARD Street Address Gity District 5 What disnct do you live in? Please CLICK HERE for a map to verify your district assignment. 11.1111111111111111111 Primary Phone Altemate Phone Corpus Christi ISD Employer 801 Leopard WorkAddrer- Street Addre arid Suite Number Corpus Christi WarkAddress - City Texas WorkAddress- State 78401 Secondary Social Studies Specialist kb Title Suite orApt State Postal Code WorkAddress - Zip Code 361-695-7516 Work Phone ruben.rocha@ccisd.us Work E-mail address Home/PrimarrAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) Present Member of : *Texas Social Studies Supervisors Association *Texas Council for Social Studies *Corpus Christi Principals and Supervisors Association Registered Voter? Q Yes 0 No Current resident of the city? p Yes Q No 42 years Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. 1 also understand that it may not be legally possible to maintain the confidentiality of such information, and 1 hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath I swear that all of the statements included in my application are true and correct. CE IAgree Board -specific questions (if applicable) Question applies to MUSEUM OF SCIENCEAND HISTORYADVISORY BOARD. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® K -12 Education BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: May 06, 2014 Status: submitted Profile Robert F rst Nam Email Address Middle Inifal Trevino Which Boards would you like to apply for? AIRPORT BOARD, COMMITTEE FOR PERSONS WITH DISABILITIES, MUSEUM OF SCIENCE AND HISTORYADVISORY BOARD Street Address Suite arApt Lily Stele PoSaI Code District 5 What dtstnct do you Ilve in? Please CLICK HERE for a map to verify your district assignment. Pnmary Phone Altemate Phone CORPUS CHRISTI ARMY SUPERVISOR/DIRECTORATE DEPOT OF MFG./PROC. PRODUCTION Employer WorkAddress- StreetAddressand Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress- State Job Title 78419 WorkAddress• Zip Code 361-961-4296 Work Phone Work E-mail address Home/PrimaryAddress Prelerred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) GRADUATE OF INCARNATE WORD ACADEMY. B.S. IN PROFESSIONAL AERONAUTICS (EMBRY RIDDLE AERONAUTICAL UNIVERSITY). RETIRED UNITED STATES ARMY (AIR TRAFFIC CONTROLLER). Registered Voter? •Yes 0 N Current resident of the city? • Yes 0 No 9 If yes how many years? TREVINO.pd f Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that alt members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city Limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® !Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® lAgree Oath I swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) Question applies to MUSEUM OF SCIENCE AND HISTORYADVISORY BOARD. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ K -12 Education ❑ Higher Education usiness Community ❑ Friends of the Museum Nominee ❑ None of the Above 05/05/2014 20:26 3619614444 Rakers Ted Trevino Availability: Job Type: Permanent, Term. Internships Work Schedule: FuII.Timc_ Shin Work Work Experience: Corpus Christi Army Depot Serie; IA'}fr Pay Phut: WS Crntic; n 300 Crecy Street Corpus Christi, TX 75419 United bin:c. 01/2007. Present Hours per week. 40 Supervisor (This is n fulcra! Job) Dulles. Accamplinhmmrs and Related Skill': Serves as a Supervisor of fourteen emptayees in the repo and rcfurhushi ng of aimrnRcnmpnncatcontainers Plug, use rifsutterddmileworkers equipment fncililics. rind matcrstn on 11 week tenweck or mnnth-to-month both. establisher d:'d'in's, primroses. and work sequences, and plans work assignments based an gtnerni wnrk schedules, methods and policies Act by higher level matsagcmcnt. ns fettered, ennrdinncs work with $upporting or mimed work functions contmised by nldter wpervirorr Assigns wnrk In employees Observes work 'n progress, Investigates wok rehired proh'ents (e.g. low productivity, workload imbslanee, ;we rearrangement. and ncquisirron or developmcsm of apeetnliced ionic de ), sed dextrines causes. implements corrective action' within the authority to resolve work probems. rcoolvcs stnrllnn, engineering requirements. ons: work operations problems Recommend solurronr to ennrdinatrnn problems between work operation and other production find support organindlont to Include requcar for suppnrt servsees from line and/or staff opernttona (e g Praduc on Control). PIan and establish overall leave schedules. Counsel employees rm performeNee, Promote n positive wnrk environment for all employees. Supervinor Ned Mehnry (361.540) Okay CO conics Ibis Cnperv{.nr Vet U. S. Army Armed Forces Pncilic Korea. Republic of Cp Humphreys, South Karen 04/2004 - 0S/2005 Salary: 42,00000 USD Per Year flnura per week: 40 Air Traffic 1 insan/Plntnnn Sergeant Doric% Accomplishments And Related Skalds: Supervised over an orgnnizntiunnl segment of the ;it t And was respnnsiblc In planning and directing work operatic -is and exercised nominisuativt authority Regarded u the top sublcct mttlwr ripen for the irides And occupations in the nrgaili7.ntional unit under life incumbents supervision. perform safety dirtier and functions in support attic Army Safety Program. and rhic gni nn arid' management iron the Army processes Planned use ofsubordinnte workers' equipment, DeWitt, and materials on a week to wcck or month to month basis C anblished deedhaes, prmrit'es, and wnrk sequcnccn. and plans work aosignmenu bussed on genera work s.hC Iiik , methods. and policies set by hr;hcr Iced management Corned out rano: content dunes it ensure the safe conduct gumming in se cordon= with Bth Army rellutai.nns, pnheies, and pmeedures. S upervisor Cps, Kevin C. Mcrh,lh 1753.675') Okay la contact this Supervisors Yes U . S. Army Ft Campbell, KY United States 10/21101 - 0712004 Salary: 40,000 00 USD Per Year Noun per week: 40 9nhreTnwer Facility Chief Dories, AeenmplishmenIt nod 'tended Skills: Served as a d'nc lit, Chief/Air fniclk Cunftal Specialist (Tcrminril)nt Sabre Army 14cli,n Tnwcr Reepnntihte r0, the tore. Ardefiy Ord ewped'nnn:t now of al revert nper:uing in Sabre 'tower Areh or refptrnf ihidity, U Iiliscd tower radar And trisrint (lieu ride. insuurnene dight roles, special and corer VFR to effect Reparation between arriving, deporting and enroine air uafiie. Checked proposed route of dight for crossing dangerous or restricted arc's And for ATC infnrmnupn requires: fins proper entry int*the cortcct contro;hng agenc, Received and i nsmitmd '11 wrnlher and safety worniogs Alerted crash crew in rhe event of n,rern0 emergencies. Mnintnincd files on flying haps://my.usajobs.gov/Applicant/Resume/ListResumes PAGE 03 Pagel of3 ECE MAY 062014 Ida l l sEcRE r/ ~ 5/5/2014 05/05/2014 20:26 3619614444 regulations. informnuen publications. nisi naviptionol air information Miimlamedboth Individual Plight Record: Felder and Individenl Aireeew 7rninien Folder IAW FM 1-300 and AR 95-1 Pa?red and updated the NOTAM file daily Relayed weather information as received from NAS Weather Office. etc, that could affect the flight. to include weather warnings. nJvlsnnes. AbAcrvntinets, and forcenala Provided OIT instruction end puidenet in trainee controllers involved in gtinlineauna tra nmg fat their FAA Cl'r7 cent0cnte Counseled soldiers on pemferrrrnnce, set performance stnnderda and made Formol appraisal+ of subordinates' werh performnnee Recommended soldiers for premotlen and or ronsRtgnment. Reviewed job description for euneney and nccurncy and made nccesanry changes Counseled soldiers on problems and aJlucted informal compliants through discussion with the soldier initialed 'unease. for formal disciplinary actin as needed Supervlaor 2onalhwn R Hillock (435-2725) Okay to vintner This Supervisor: Yes U. S. Army Fort Rucker. AL 36362 United Stares 11511999 . 09f2001 5alory 3R.000 00 USD Pcr Yenr Hours per week! 40 lettruclor/W'nrer Dulirs. Aecompliehmenl+ and Related Skil: Conducted college level instruction for U 5. Army Aviation Conry insaruetm+earning developers in ilia rnslruecerTra.nmp Course .nd the Syiletns Appmash to Training (SAT) Cnurse and using the SAT process to thy to day 'mayflies Graduated from the Middle Managers Course Fncililaled small group .n lVuctron for 5-6 student trnvided Instruction to bods Mi Mery and Crvd an personnel, as well as, foreign surdents at. gned to he instructors nt the Army Avtaken War fighter Center and nbmitd. Fvaluatcd 1) S Army Aviation rnstniciors for Ili tnnnletnr recognition proven Cnndueted resenrch, edueriiiennl studies and developed training materieI ns required Developed and adjusted quuliry e04001 and inspection requirement+. mrtrucnons. methods techniques and procedure+ Researched new .nfnrnalien about subjects studied to elnrify and validate results Collected. reviewed, evaluated, and interpreted dein Presented findings. optrons. and recommitndli.tn+. via brcfines, srsff reports. projects, papers. etc Frowned reports of disrrapnneies, fnitnwed up and implemented enrreciwe action Reviewed. analyzed, and interpratad regulations. publications and directives penmen' to quality systema nnil technical work requirements Performs duties nue a lead Trainer to preparing lesson pians, upon; and cumin:in quaky Audio Skill in developing and prescntinp wt+nen And ern) moment And non.reehnical Information Supervisor Craig A Aliened (255.27711) Okay to correct thin Supervisor Yes U.S. Army F1 Wninwright, AK United Smits 04 1956 - OS/1990 5nlaryt 36,000 00 USD PC! Yen"' Hours per -Ceti' 40 Air Traffic Control Sprcinlint Shift Lender Met. Aerompliohmenrn and Related Skills: Served as Air Traffic Control Specrahat for n Viiuol Flight Rule (VFRl tower and a Neuquen Approach Cnntrnl Radar Approach Alternately performed mar entre. and tower re+rtnnsihthucs Way a+cigned 10/1111/00 amts of necretinn as requited to include shift supervisor and tratn.ng summer. Cnntmlled nlrtrnfl tieing molar, trimming preel is nlienment etIvith senich end precision mine Fcrccns Pslnttl+shed nml mninteined riesdive ender tdent liens on ol'nirerdfl, isium0 turns end altitude se as to ctlnblish rind maintain nppropnate sepnrMbona Vectored nircrnfl to the final approach 1001110 by issuing glide path and nzunut1 rformaton On final auutoac°,, ensured dial a.rersfl'ming vcctercd remind wrth•n the Alrfrelds delepmed Airspace Considered railer equipment cepnbi. ries, nitcmfls position, speed and nhitude in respect to terrain efeornnce. control towers traffic density. priorities emergencies. wenther and wind. lost communication and toss radar procedures. how approach will terminate. and airfield cnrtditinm. Made decisions involving dtc order of departure+ sad arrival;. dcspstial+ nfsetive runway and possible simultaneous ice of runway and ether landing nems issued mnntctions and elm:mnces to aircraft opeating in the tower's wren rf responsibility Considered the position. type. spccd, dircGuon, number end capabilities to aircraft wishing to depart from m 'and at this sirpnri Considered the pattern daemon. condition of runways, nppronches .n progress- none nbatement requirements, wake lurltulenee and trtrne information. Mode deem 021 involving the cam and direction nt dcpanures. arrivnh. lensed Instrument Flight Rules I I FR) clearances received PAGE 04 Page2of3 https://my.usajobs.gov/Applicant/Rcsumc/ListResumes 5/5/2014 05/05/2614 20:24 3619614444 Frnm FA] Approach Control rn pr vide Inih3I rcpat on between IFR aelval.Jdopan1u ruceeuive virval flight note wrlvdddcparturre U. S. Army Fed Recker, Al. 363d2 Unimd not= 0617 919 - 031177 Salary' 32,000,00 USD Per Yeu Nauru per 'mkt 10 PAGE 02 Page 3 of 3 BIOGRAPHICAL INFORMATION FORM FORA CrrY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Oct 10, 2013 Status: submitted Profile Prolix Kathryn First Name Email Address Middle Initial Wemer Last Name Which Boards would you like to apply for? MUSEUM OF SCIENCE AND HISTORYADVISORY BOARD Street Address Cite District 4 What dignct do you love in" Please CLICK HERE for a map to verify your district assignment. primary Phone L.UKI-'U5 Lt1XIJ 11 INDEPENDENT SCHOOL DISTRICT WorkAddress - Street Address and Suite Number WorkAddress- City WorkAddress- State Inumisin0 Alternate Phone SUBSTITUTE Jub Suite or Apt Imo StntC SIM Postal Code WorkAddress- Zip Code Work Phone WorkE•mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) RETIRED TEACHER BS IN EDUCATION FROM TEXAS A&I UNIVERSITY IN KINGSVILLE, TEXAS 4TH VICE -PRESIDENT -CORPUS CHRISTIARE HERITAGE SOCIETY RETIRED TEACHER'S ASSOCIATION NUECES COUNTY HISTORICAL SOCIETYAND COMMISSION TEXAS TROPICAL TRAILS Registered Voter? p Yes 0 No Current resident of the city? Q Yes p No 63 If yes, how many years? Upload a Resume Please upload any additional sipporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity C_pnrier Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® !Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath I swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) Question applies to MUSEUM OF SCIENCEAND HISTORYADVISORYBOARD . Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑' K -12 Education ❑ Higher Education ❑ Business Community ❑ Friends of the Museum Nominee ❑ None of the Above City Of Corpus Christi OIL AND GAS ADVISORY COMMITTEE BOARD DETAILS OVERVIEW As, SIZE 8 Seats TERM LENGTH 3 Years TERM LIMIT 6 Years 1 Esther Anzaldua filba-Q (361) 826-3961 CONTACT esthera@cctexas.com The Oil and Gas Advisory Committee shall make a continuing study of operations for the exploration, drilling, and production of oil, gas and minerals and the possible effects of same upon the environment, public health, safety and general welfare of the City. �q DETAILS COMPOSITION Eight (8) persons w ho are residents of Corpus Christi: three (3) members from the oil and gas w ell industry; three (3) members from the general public who are not connected with the oil and gas well industry; and two (2) alternates: one (1) from the general public to serve in the absence of a public members, and one (1) from the industry to serve w henever an industry member is absent. Public members shall be appointed by the Mayor with approval of the Council; industry members shall be appointed by the Mayor w ith approval of the Council from those persons nominated by the oil and gas w ell industry. Not later than one month after occurrence of a vacancy in the position of such a member, any lessee may nominate one person from his or its ow n organization for the position of industry member of the committee. Such members of the committee shall be appointed from such nominees. In making such appointments, the mayor shall give due consideration to the extent of interest ow ned by each lessee making a nomination. In the event that no such nomination is submitted or, in the event no person so nominated is appointed and approved, the mayor shall appoint any person he/she deems suitable with the approval of the council to fill the position of industry member of the committee. Members are appointed for three-year terms ending December 31, and may succeed themselves. Meetings are called by the Chairman or any three (3) members of the Committee w ithin specified time limits. Four members constitute a quorum. The committee annually elects its own Chairman and Vice -Chairman. Members receive no compensation for their services. CREATION / AUTHORITY Section 35-26, Code of Ordinances. Ord. No. 8294, Amended by Ord. Nos. 8875, 8879, 10048, 12034, 12689, 17399, 20294, 022762. MEETS On call. TERM DETAILS Three-year terms. DEPARTMENT Gas Department Oil and Gas Advisory Committee Members December 8, 2015 Eight (8) vacancies with terms to 12-31-16, 12-31-17 and 12-31-18 representing the following categories: 3 - General Public, 3 - Oil Industry, 1 - General Public Alternate and 1 - Oil Industry Alternate. (The board has a policy of requesting the appointment of the Alternate member to the vacant position and a new person fills the Alternate position.) (Mayoral appointment subject to Council confirmation.) John Cantu Tom Fisher Paul Grivich Patrick McCullough Gary Meurer William Moffitt Gerald Rogen Randy Schnettler OIL AND GAS ADVISORY COMMITTEE OIL AND GAS ADVISORY COMMITTEE OIL AND GAS ADVISORY COMMITTEE OIL AND GAS ADVISORY COMMITTEE OIL AND GAS ADVISORY COMMITTEE OIL AND GAS ADVISORY COMMITTEE OIL AND GAS ADVISORY COMMITTEE OIL AND GAS ADVISORY COMMITTEE Met six-year term limitation Met six-year term limitation Resigned Seeking reappointment Seeking reappointment Seeking reappointment Seeking reappointment Seeking reappointment District 2 2 12/31/13 District 2 2 12/31/13 District 4 1 12/31/14 District 4 1 12/31/15 District 4 1 12/31/14 District 2 Partial 12/31/13 District 4 1 12/31/15 District 4 Partial 12/31/13 Oil Industry General Public Oil Industry Oil Industry General Public Oil Industry, Alternate General Public General Public, Alternate Chair Member Member Member No meetings held Member No meetings held Vice Chair No meetings held Member No meetings held Member No meetings held Name Boards Applying For Douglas S. Fox OIL AND GAS ADVISORY COMMITTEE District Wolk Address III MIMI District 4 Sovereign Energy Corporation 545 N. Upper Broadway, Ste. 1101 Corpus Christi TX Oil and Gas Well Industry Nominee Brian 5. Hines OIL AND GAS ADVISORY COMMITTEE District 1 Aurora Resources Corporation 600 Leopard St. Ste. 1012 Oil and Gas Advisory Committee Applicants December 8, 2015 William Menard, Jr. OIL AND GAS ADVISORY COMMITTEE District2 Menard Electronics, Inc. Armando Mendez OIL AND GAS ADVISORY COMMITTEE District 3 Gates Corporation Oil & Gas 134 44th St. Scott H. Mesmer OIL AND GAS ADVISORY COMMITTEE District 4 CAE John W. Newman OIL AND GAS ADVISORY COMMITTEE District 5 Mohican Operating, LLC David Olds OIL AND GAS ADVISORY COMMITTEE District5 Elizabeth Perez OIL AND GAS ADVISORY COMMITTEE District2 Lindsay Walker OIL AND GAS ADVISORY COMMITTEE District 2 Not Connected with Oil and Gas Well Industry Not Connected with Oil and Gas Well Industry TX Not Connected with Oil and Gas Well Industry Oil and Gas Well Industry Nominee Not Connected with Oil and Gas Well Industry Corpus Christi TX Oil and Gas Well Industry Nominee Corpus Christi TX Not Connected with Oil and Gas Well Industry 545 N. Upper Broadway, Ste. 1200 Corpus Christi TX Oil and Gas Well Industry Nominee David Olds Fotografie LLC Corpus Christi Metro Ministries 1919 Leopard Corpus Christi BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Oct 27, 2015 Status: submitted Profile iX Douglas First Na Email Address S Fox Middle Last Name m Initial Which Boards would you like to apply for? OIL AND GAS ADVISORY COMMITTEE Street Address Suite orApt District 4 What disnct do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Altemate Phone Sovereign Energy Corporation President ,lob Title 545 N Upper Broadway, Ste.1101 WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress- City Texas WorkAddress- State 78401-0678 IOW stole Postal Code WorkAddress- Zip Code 361-882-1021 Work Phone dsfox@sovereignenergycorp.com Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) BBA -University of Texas at Austin, Member American Association of Professional Landmen, Corpus Christi Association of Professional Landmen, Registered Voter? Yes No Current resident of the city? pp Yes Q No 30plus yes. no'w inrry y°eWr' Resupdate__11-8-2013.doc Upload a Resume Pleaw upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® !Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. l also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath 1 swear that all of the statements included in my application are true and correct. E] !Agree Board -specific questions (if applicable) Question applies to OIL AND GAS ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Oil and Gas Well Industry Nominee DOUGLAS STANDIFER FOX "'PM' University of Texas BBA, 1976 Austin, Texas Honors and Activities: Kappa Sigma Fraternity, American Association of Professional Landmen, Certified Professional Landman # 4995, Past President Corpus Christi Association of Professional Landmen, Active Real Estate Salesman License EXPERIENCE Sovereign Energy Corporation, Inc. Contract Senior Staff Landman 2009 -present Corpus Christi, Texas • Supervise office of a small independent exploration and production company on a multi- state basis • Negotiate surface, mineral, and pipeline right of way for exploration and production • Company liaison with the Bureau of Land Management, Texas Railroad Commission and local municipalities • Consult on development of work product from geophysical and geological contractors • Supervise multi well, daily production activities as operator and working interest non - operator • Create, review and modify exploration and production related contracts Seven L's Family Partnership Limited Contract Senior Staff Landman 2006-2009 Corpus Christi, Texas • Consulted on start up of Lease Administration and contracts management system • Supervised work product of broker and field landmen on large seismic shoot • Negotiated surface, mineral and pipeline right of way for exploration and production • Created, reviewed and modified exploration and production related contracts, JOA's, P/S, etc. Esenjay Petroleum Corporation Contract Senior Staff Landman 2003-2006 Corpus Christi, Texas • Courthouse surface and mineral right owner identification • Lease negotiation for surface, mineral and pipeline right of way • Performed due diligence for Title Opinions, DOTO's, Change of Ownership, etc. • Company liaison with the General Land Office and the Texas Railroad Commission • Surface rights and mineral leasing negotiations BNP Oil and Gas Corporation Corpus Christi, Texas Senior Staff Landman 2001-2003 • Consulted on start up of Lease Administration and contracts management system • Courthouse surface and mineral right owner identification and performed due diligence • Responsible to hire and supervise brokers and field landsmen • Right-of-way/easement negotiations for oil and gas leases and surface use facilities • Company liaison with the General Land Office and the Texas Railroad Commission on Federal Park exploration activity • Created, reviewed and modified exploration and production related contracts, JOA's, P/S, etc. Esenjay Exploration Incorporated Contract Senior Staff Landman 1999-2001 Corpus Christi, Texas • Created, reviewed exploration and production contracts, JOA's, P/S, leases and assignments • Senior Lease analyst function for lease records maintenance • Consulted on creation of Lease management system EOG Resources, Inc. Contract Landman 1990-1999 • Records research for surface and mineral ownership in South Texas • Negotiated surface and mineral agreements for petroleum exploration • Negotiated pipeline ROW and seismic permits 2 Corpus Christi, Texas 1 Zorro Oilfield Service Corporation Field Supervisor 1985-1990 Corpus Christi, Texas • Coordinated oil and gas production and sales from multi -site facilities • Facilitated in the creation/management of a packer and completion fluid corporation • Coordinated sale and rental for a fleet of gas compressors Forest Oil Corporation Field Landman 1980-1985 Corpus Christi, Texas PERSONAL • Eagle Scout • Brotherhood Member Order of the Arrow BSA • Interests include hunting, fishing and family activities 3 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Oct 16, 2015 Status: submitted Profile Brian S Hines Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? OILAND GAS ADVISORY COMMITTEE Street Address Suite or Apt City Slake Postal Code District 1 What distnct do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Home: Alternate Phone Aurora Resources Corporation Presiden/Engineer Employer .lot: Tele 600 Leopard St Suite 1012 WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddres- State WorkAddress- Zip Code Work Phone bshines@sbcglobal.net Work E-mail address WorkAddress Preferred Marling Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) B.S. Natural Gas Engineer. Texas A & M Kingsville 1994 Registered Voter? ® Yes 0 No Current resident of the city? ® Yes 0 N 35 fl yes, how many years? bshresume.doc Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® lAgree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath I swear that all of the statements included in my application are true and correct. ci 'Agree Board -specific questions (if applicable) Question applies to OIL AND GAS ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Oil and Gas Well Industry Nominee B. Scott Hines SUMMARY Accomplished engineer with extensive field experience in completion, drilling, production, and workover operations. Industry wide reputation for completing projects, safely, on time and under budget. WORK HISTORY 1996-2010 Owner, Aurora Resources Corporation. Co-founded Aurora Resources Corporation, an exploration, production and operating company, located in Corpus Christi, Texas. Also, provides engineering and field supervisory service, as well as contract operating services to a select group of clients in Gulf Coast Area. 1994-1996 Operations Manager, Anaqua Oil & Gas, Inc. Operations Manager: engineering & production. Operated, 45+ wells and drilled 15+ wells per year. Supervised all field personnel, completion, drilling, workover operations. Also responsible for all engineering duties, regulatory issues, cost control measures, and land owner relations. 1986-1992 Sr. Engineering Tech/ Field Foreman, Exxon Co. USA Responsible for artificial lift, design and surveillance, in largest field area in South Texas. Low Pressure Gas Depletion, field coordinator, managed over 70 LPGD wells, in South Texas. Subsurface Engineering contact for all high pressure completions, P & A's , workovers in South Texas. Supervised all, barge and marine environment workovers in Laguna Madre. First line supervisor for 14 wage hourly employees. 1978-1986 Drilling Superintendent, Exxon Co. USA Proficient in all aspects of drilling operations, have drilled wells with depths from 2500'- 18000', in the Texas Gulf Coast, and North Slope Alaska. Experienced with oil base mud systems, abnormal pressure detection, sour gas operations, PDC bit selection and optimization. Supervised the drilling, of over 30 record wells during career. Maintained a zero LTA rate for contract personnel under direct supervision 1975-1978 Maintenance Specialist, Exxon Co. USA Performed routine maintenance of production equipment. Qualified to relieve in all wage hourly positions. EDUCATION Bachelor of Science, Natural Gas Engineering, (Summa Cum Laude) Texas A & M University, (Kingsville) May 1994 Associate of Applied Science, Bee County College, May 1975 REFERENCES Mr. Dave Mason, Texoz E & P Mr. Doug Hartman, OGGP Partners, Inc. Roger Graham, GMSEEV BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Apr 10, 2015 Status: submitted Profile William Prefix . f Firs Name Email Address Menard Jr. Middle Last Name Suffix Initial Which Boards would you like to apply for? AIRPORT BOARD, ANIMAL CARE ADVISORY COMMITTEE, BOARD OF ADJUSTMENT, CML SERVICE BOARD, CML SERVICE COMMISSION, ETHICS COMMISSION, HUMAN RELATIONS COMMISSION, LIBRARY BOARD, MAYOR'S FITNESS COUNCIL, OILAND GAS ADVISORY COMMITTEE, PARKS AND RECREATION ADVISORY COMMITTEE Street Address Suite or Apt District 2 What district do you live in? Please LUCK HERE for a map to verify your district assignment. Primary Phone Alternate Phone MENARD ELECTRONICS, INC. Employer WorkAddress- Street Address and Suite Number WorkAddress- City PURCHASING MANAGER Job title State Postal Code WorkAddress- Stale WorkAddress-Zip Code Work Phone Work E-mail address Home/PrimaryAddress Prelerred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) BRAZOSWOOD HIGH SCHOOL, CLUTE, TX 1999; TEXAS A&M UNIVERSITY -CORPUS CHRISTI, B.A. IN POLITICAL SCIENCE -GRADUATING AUGUST, 2014. Registered Voter? p Yes O No Current resident of the city? p Yes O No 6 If yes, how many years? Bryan Menard2015 resume 2 ,pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes Only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. ® IAgree Question applies to OIL AND GAS ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Not Connected with Oil and Gas Well Industry Bryan Menard Jr. Experience Menard Electronics, Inc. Houston, TX/Baton Rouge, LA/Corpus Christi, TX Special Projects Manager August 2012 - Present • Managed operations of multi -branch electrical and electronics distribution business • Analyze distribution operations and formulate strategies for improvements in productivity and reduce costs • Coordinate with management on recommended changes, collaborate via presentations, meetings, and regular on-site visits • Manage relationships with third -party vendors and suppliers • Decommissioned on-site servers; Implemented and continue to manage Office -in -the -Cloud functionality • Streamlined operations, moving toward paperless system slowly and methodically in order not to disrupt ongoing operations and continuity with existing staff members • Oversaw relocation of front-office functions from Louisiana to Texas • Managed and oversaw renovation of Louisiana facility from corporate headquarters to branch location • Rewrote and continue to manage operations and procedures manuals for accounting, sales, and warehouse operations • Built team of four accounting staff to manage new operation in Texas • Administer Prophet 21 Distribution System & Wireless Warehouse • Regular travel between Corpus Christi, Houston, and Baton Rouge • Extensive use of Webex/Teleconferencing for coordination between management of multiple branches, reducing travel & related expenses Purchasing/IT Manager November 2004 -August 2012 • Managed purchasing department of a multi -branch distribution firm • Expedited orders, updated required dates • Oversaw IT -related issues, including two major server installations/upgrades as well as day-to-day operations • Manage inventory valued at more than $ 500,000 • Converted warehouses to bar-code binning • Oversaw conversion from dot matrix to laser printing • Manage relationships with numerous major vendors • Correspond daily with manufacturers and suppliers • Implemented/Maintained Site -to -Site Secure VPN • Administered Prophet 21 Distribution System Inside Sales Representative June 2000 - November 2004 • Managed assigned accounts in the Baton Rouge, LA area • Provided sales support for assigned clients • Provided technical support to all clients of the Baton Rouge branch • Established new client relationships Education: Texas A&M University - Corpus Christi Corpus Christi, TX 110 hours toward BA - Political Science (part time) 2008 -Present Estimated Graduation: May 2016 Research Emphasis: Regulatory Politics Brazoswood High School Clute, Texas Graduation - May 1999 Additional Skills: • Class B Commercial Driver License • Experienced in Windows and Mac OS environments • Proficient in Microsoft Office • Excellent penmanship • 75 wpm typing rate References: Available upon request BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jan 09, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Armando FrstNam Mendez Middle Last Name Initial Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY, LANDMARK COMMISSION, OILAND GAS ADVISORY COMMITTEE, PLANNING COMMISSION Street Address Suite orApt C ry 3t.aLc Pogal Code District 3 What district do !,-Du live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone GATES CORPORATION OIL & GAS RESOURCE PLANNER Employer Job Title 134 44TH ST. WorkAddress- Street Address and Suite Number CORPUS CHRISTI T 78405 - Zip Code 361-885-3500 Work E-mail address HomelPrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) BACHELORS BUSINESS ADMINISTRATION AND ECONOMICSITAMUCC CLASS OF 2008 FORMER LANDMARK COMMISSION BOARD MEMBER/CITYOF CORPUS CHRISTI 2012-2013 TEXAS CHI SIGMA PHI EPSILON ALUMNIASSOCIATION MEMBER TEXAS A&M UNIVERSITY -CORPUS CHRISTI ALUMNI MEMBER Registered Voter? O Yes O No Current resident of the city? •Yes ONo 25 If yes, how many years? Upload a Resume Please upload any additional supposing documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. 1 also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath I swear that all of the statements included in my application are true and correct. ® !Agree Question applies to OIL AND GAS ADVISORY COMMITTEE . Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Oil and Gas Well Industry Nominee BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Oct 10, 2015 Status: submitted Profile Scott Email Address H Mesmer Middle as. Name, In lt al Which Boards would you like to apply for? AIRPORT BOARD, CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, ETHICS COMMISSION, NUECES COUNTY TAX APPRAISAL DISTRICT, OILAND GAS ADVISORY COMMITTEE 1111111111101111111 Street Address Suite or Apt 111111111110 City 4taLe Postal Code District 4 what district do you live in? Please CLICK HERE for a map to verify your district assignment. minsimm Primary Phone Altemate Phone CAE Employer WorkAdd rens - Street Address and Suite Number Corpus Christi WorkAddress - City TX WorkAddress State Instructor Jab Tule 7841 WorkAddress - Zip Code 3619448401 Work Phone Scott.Mesmer@gmail.com Work E-mail address Ime/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Education, Professional andlor Community Activity (Present) BS Applied Math and Statistics BA Economics. Military Contract T44 Sim Flight Instructor for CAE Captain on B757 for Parallel Express Own Rental Properties "SoftengineHR" Payroll and Human Capital Management Software sales rep Registered Voter? p Yes QNo Current resident of the city? ® Yes No 7 If yes, how many years? Upload a Resume Piga,_° upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male :yet Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to OIL AND GAS ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Not Connected with Oil and Gas Well Industry Scott H. Mesmer Goal: Looking to give back and work with in the community that I live in by supporting the city in any way that I can. Business Development, Management and Investing Experience Own multiple rental properties in Corpus Christi Invested in Oil and Gas Drilling Rig program as well as Oil Drilling programs September 2015 to present SoftEngineHr sales consultant. Payroll and Human Capital Management software sales position August 2009 to present Co -Owner of Mesmerizing photography. Discovered what it means to be an owner of a business... September 2009 -Present: Elan Express and Parallel Express Business Development Set up Jet Fuel Brokering Business, created relationships with into plane agents, refineries, airport fbo etc to sell jet fuel to clients as well as managed aircraft. Developed relationships for marketing for aircraft parts, aircraft RVSM ferry movements, aircraft acquisitions. Jan 2007 to March 2009 Base Operations Manager for large aircraft international charter operations. Responsible for day to day operations of the base, duties included but not limited to, recommending staffing levels, developed recommendations for policy and procedures for operational needs, involved in hiring and selection process, ensured crewmember compliance with company policy, assigned non -flight duties in support of operations and marketing. Coordinated aircraft charter needs with Director of Operations, Director of Security, Manager of Maintenance, Dispatch, Marketing Department and crew to ensure high quality client experience and safety of flight for international operations. Worked with Director of Planning and Scheduling as well as Training Department to develop and staff monthly flight schedule. Coordinate with Brokers, Clientele, flight crew and management to ensure proper communication flow for process improvement, staff promotions, cost savings initiatives, and other duties not defined that are aimed at reducing costs while increasing productivity without sacrificing quality or safety. Aviation Work Experience CAE Feb 2014 to Present T44 Advanced Flight Sim Instructor & Platform Instructor Parallel Express Oct 2013 to - Part 125 B757 Simulator Chk Airman Oct 2013 to - Part 125 B757 Captain Elan Express Nov 2011 to - Part 125 B757 Simulator Chk Airman Oct 2009 to - Part 125 B757 Captain Swift Aviation Group Dec 11 to - July 13 Part 121 B767 Simulator Chk Airman June 10 to July 13 Part 121 B767 Captain Polaris Aviation Solutions - Jan 10 to June 10 SIC Pt 125 Dallas Mavericks Captain/Base Manager - Pace Airlines Oct 2002 to Oct 2009 8757/6767 Captain Domestic/International Part 121 Captain on B757 for FAA proving runs and check rides to add areas of operations to Airline Ops Specs such as the North Pacific, Polar Ops and North Atlantic Etops. Domestic and International worldwide charter operations that required operations into Russia, the Middle East, South America, Europe, the Pacific and Polar Areas of the Arctic Circle Flight Officer - USAirways May 99 to Jan 02 Pt 121 First Officer 6757/6767 A320 Flight Officer - USAirways Express, Piedmont Airlines July 97 to May 99 Pt 121 First Officer DASH 8 1600 Hours of ME Turbo Prop time Flight Officer - KIWI International Airlines July 95 to Oct 96 Pt 121 Flight Engineer - B727 Charter Pilot/ Flight Instructor - Airpark Sales & Service Oct 96 to July 97 PIC Piper Navajo Pt 135 Co Instructor &Asst Chf Pilot Feb 93 to July 95 PIC Piper Navajo Captain on DOD contract such as: Shuttling civilian engineers and military personal between military bases such as Patuxent River, Lakehurst, Dahlgren, Wallops Island Virginia and Cherry Point. Range clearing of oceanic restricted areas in support of F-18 testing program, missile test fire and other military operations. CFI and CFII Instructor Platform Instructor Education SUNY @STONYBROOK: Stonybrook, New York 1990 BS Applied Math and Statistics BA Economics BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Oct 09, 2015 Status: submitted Profile Prefix John F rst 'time Email Address W Middle Initial Newman Last Name Suffix Which Boards would you like to apply for? OILAND GAS ADVISORY COMMITTEE Street Address Suite orApt city District 5 What distnct do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Mohican Operating, LLC Employer 545 N. Upper Broadway, Suite 1200 WorkAddress- Street Address and Su to Number Corpus Christi _ WorkAddress - City TX WorkAddress- State 78401 Altemate Phone President .Job Title cai� Postal Code WorkAddres - Zip Code 361.288.0007 Work Phone john@mohicanog.com Work E-mail addres Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Serve on no other boards. Education, Professional and/or Community Activity (Present) University of Texas Austin - PLM 35 years experience in the oil & gas exploration business as a Zandman, operator, etc. (in Corpus Christi) TRIED TO UPLOAD MY RESUME, C[TY WEBSITE FAILED TO UP LOAD PDF FILE?? TRIED 5 TIMES, ALL FAILED BUT CAN EMAIL FT TO APPROPRIATE PARTY. Registered Voter? ®Yes QNo Current resident of the city? © Yes 0 No 34 years If yes. how many years, JWN_Resume_2015.pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® !Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath I swear that all of the statements included in my application are true and correct. El lAgree Board -specific questions (if applicable) Question applies to OIL AND GASADVISORYCOMMITrEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Oil and Gas Well Industry Nominee John W. Newman Petroleum Landman / Oil & Gas Independent Producer Experience Summer 1978 Chiles Offshore Drilling Houma, LA Offshore Drilling Rig- Roustabout • Worked full time during summer as a roustabout on a jack-up drilling rig offshore Louisiana. Summer 1979 Crystal Oil Company Benton, LA • Worked summer job as a field roustabout in company's production fields in northern Louisiana. 1979-1981 State of Texas — General Land Office Austin, TX State Hard Rock & Oil & Gas Minerals Department - Student Clerk • Worked 20+ hours a week while attending University. of Texas. • Experience gained State of Texas minerals leasing and administration. 1981-1986 Texas Oil & Gas Corp. / TXO Production Co. Corpus Christi, TX Senior Landman • South Texas and Upper Texas Gulf Coast Areas — Employed as a Senior Landman buying oil & gas leases, easements and right-of-ways, performed leasehold / drilling titlework reviews and courthouse title research. Negotiated numerous oil & gas leases with landowners while performing in-house land administration related duties and title curative related to leasing, drilling and division order title. (Late 1985 - TXO Production was sold/merged into U.S. Steel Corp.) 1986-1990 HNG Oil & Gas Co. / Enron Corp. Corpus Christi, TX In-house Contract Landman • Managed and conducted large Producing Property Divestiture Programs for HNG Oil (1987-88). Worked closely with HNG's / Enron's Legal Department preparing Purchase & Sales (and related) Agreements and in closing numerous divestiture property sales. • Began to implement / employ / research available GIS Digital Mapping techniques available in 1990. Worked with Tobin Mapping Graphics to develop its digital mapping products in Texas. • Negotiated and closed on numerous multi -company joint venture and trade agreements. • Worked in company's Corpus Christi Division Office in the Upper Texas Gulf Coast and South Texas Areas, as a in-house contract landman performing drillsite title preparations, negotiation of farmins, farmouts, joint venture and operating agreements, property acquisition and divestiture sales, etc. Worked with other field landmen also performing courthouse title work, lease checks. Worked with numerous title attorneys in day-to-day drilling activities and drillsite title approvals. 1990-01/2003 Enron Oil & Gas Company / EOG Resources, Inc. Corpus Christi, TX Senior/ Project Landman • Managed and conducted large Producing Property Divestiture Program for HNG Oil (1987-88). Worked closely with HNG's / Enron's Legal Department preparing Purchase & Sales (and related) Agreements and in closing numerous divestiture property sales. • Developed and introduced to EOG techniques for company -wide GIS Database Digital Mapping with.15 years experience in specialized GIS Mapping/Programming. Strong computer -PC background with network/IT/Internet skills. • Negotiated and closed on numerous multi -company joint venture and related trade agreements. • Developed many lasting industry and land/mineral owner relationships. • Developed extensive GIS Digital Mapping skills at Enron and help start company -wide GIS database digital mapping application. Worked with Tobin Mapping Graphics to develop its digital mapping products in Texas. Promoted to Project Landman with Enron (later merged into EOG Resources, Inc.) working primarily in the South Texas geographic area. Employed first as a Senior Staff Landman, then promoted to Industry References and Personal Recommendations - Available Upon Request Page 2 Project Landman, working primarily in Enron's Wilcox Trend Areas of Webb and Zapata Counties, performing drillsite title approvals/preparations, negotiated numerous farmins, farmouts, joint venture and operating agreements, property acquisition and divestiture sales, etc. Coordinated/supervised many field brokers performing field title work, lease checks and other related title research, worked with outside attorneys in day-to-day drilling activities and drillsite title approvals. Was personally involved in the drilling of over 500 wells in Texas. (Lost all of my Enron Corp. ESOP as a result of the Enron Corp. Scandal in 2001) 2003-04/2004 Independent Landman Corpus Christi, TX Contract/ Independent Landman Producer • Resigned permanent employment with EOG to become independent producer / landman. Upon resignation (12/2002) EOG requested that I agree to work as a In-house Contract Landman. I agreed to work part time (30 hours a week) for one (1) year but informed EOG of my intent to pursue other business opportunities (including acquisition of wells and producing properties), EOG agreed. • Formed Hawkeye Investments, Inc. and Mohican Oil & Gas, LLC (and obtained State of Texas RRC P-5 Operator's License). • Continued my same duties at EOG while beginning to build small asset base for Hawkeye / Mohican. • March/2004 resigned part time contract landman for EOG to pursue full time career as an independent landman / producer. 2004-2005 Petroleum Landman Corpus Christi, TX Landman / Land Manager / V. P. - Land • Accepted position with start up company, Bantam Oil & Gas, LLC (later renamed RG Exploration, LP) performing landwork and developing drilling prospects in South Texas and Upper Texas Gulf Coast Areas. RG Exploration, LP sold its assets in 2005. 2005- 2015 Petroleum Landman Corpus Christi, TX Landman/ Officer/ Owner • Devoted 100% of time / efforts to business interests of Hawkeye Investments / Mohican Oil & Gas, LLC and newly formed MOG Producing, LP with partners (Mohican/MOG) Mark Roberts, Martin L. Thering and Daniel N. Flores. Working with partners, we have developed and promoted to third party participant investors several exploration and drilling prospects in South Texas and Upper Texas Gulf Coast Areas. Mohican and partners have acquired 60+ square miles of new 3D seismic data in South Texas and are currently drilling these properties. • Officer / Manager for second operating entity, Mohican Operating, LLC (2008). • October, 2013 — Assumed direct supervision of all field operations for Mohican Operating, LLC. Education • Waco High School — Waco, Texas 1973-1975 • University of Texas — Business School, Austin, Texas — PLM - 1975-1981. Personal Info. / Interests Born: June 7, 1957 — Age 58 Married 29 years to Deborah D. Newman, with three (3) sons, Benjamin Joseph, Matthew Jacob and John Patrick Newman (26, 22 and 15 yrs. old). Enjoy hunting, fishing and other related outdoor activities with my family. Hobbi include building HO railroad trains, collector of old firearms, riding HD Bike, designing computer software, etc. Associations Memberships Honors The (Episcopal) Church of the Good Sheppard - Member Corpus Christi Association of Professional Landmen American Association of Professional landman (inactive at present time) The Texas Cowboys (oldest honor organization at UT -Austin, Tx.) Alumni - Member The Texas Posse (UT -Austin, Tx.) - Alumni - Member Kappa Sigma Fraternity (Austin, Tx.) Alumni — Member — Officer The Buccaneer Commission (Corpus Christi, Tx.) Alumni — Former Active Member Country Club Neighborhood Association — Member — Former Officer Who's Who American High Schools — Member Boy Scouts of America — Rank Achieved - Eagle Scout Cub Scouts of America — Pack 364 — Pinewood Derby Chairman / Parent Teacher Industry References and Personal Recommendations - Available Upon Request Page 2 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Apr 06, 2015 Status: submitted Profile David FrstN Olds Which Boards would you like to apply for? OILAND GAS ADVISORY COMMITTEE Street Address City District 5 What distnct do you live in? Please CLICK HERE for a map to verify your district assignment. Suite orApt Stale Postal Code Primary Phone Alternate Phone DAVID OLDS FOTOGRAFIE LLC SELF-EMPLOYED Employer J:,LJ Title WorkAddres Street Addres end Suite Number WorkAddress - City WorkAddress - State WorkAddres-Zip Code Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City hoard, commission or committee at this time? If so, please list: NO Education. Professional and/or Community Activity (Present) MBA WITH CONCENTRATION IN SECURITY MANAGEMENT BA IN POLITICAL SCIENCE Registered Voter? ® Yes O No Current resident of the city? ® Yes O No 4 If yes. how many years? Upload a Resume Please upload any additional sipponing documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-63., provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® 'Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath I swear that all of the statements included in my application are true and correct. El !Agree Board -specific questions (if applicable) Question applies to OIL AND GAS ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Not Connected with Oil and Gas Well Industry BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Apr 15, 2014 Status: submitted Profile Floor Elizabeth First Name Email Address Middle Init al Perez Which Boards would you like to apply for? OILAND GAS ADVISORY COMMITTEE Street Address Suite orApt District 2 What distncr do you live in? State Postal Code Please CLICK HERE for a map to verify your district assignment. 1.111111111.1111111 111100111111011111 Primary Phone A't..mate P Employer _lob title WorkAddress - Street Address and Suite Number WorkAddreas - City WorkAddress- State WorkAddress- Zip Code Work Phone Work E-mail address Home/Primary Address Preferred Marling Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) GRADUATE OF WA, 1999 FORMERLY WORKED FOR THE SUSSERS, DOBSON'S AND MIKAL WATTS (ALL OF WHOM HAVE LEFT THE CITY} ATTENDED TAMU-CC WHERE I WAS THE EDITOR -IN -CHEF OF THE ISLAND WAVES STUDENT NEWSPAPER. I VOLUNTEERED FORA NUMBER OF YEARS WITH THE U.S. WINDSURFING OPEN AND THE HEB CHRISTMAS EVE DINNER. Registered Voter? QYes No Current resident of the city? Q Yes Q No 32 U yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® !Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. 1 also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public information Act. lAgree Oath I swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) Question applies to OIL AND GASADVISORYCOMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Not Connected with Oil and Gas Well Industry BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Nov 12, 2014 Status: submitted Profile Lindsay Walker F r ,r ° Middle Last Name Initial Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, OILAND GAS ADVISORY COMMITTEE Street Address Suite or Apt City Stale Postal Code District 2 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone CORPUS CHRISTI METRO MINISTRIES SUSTAINABLE FUNDING ASSISTANT Employer ]ah true 1919 LEOPARD WorkAddress- StreetAddressand Su to Number CORPUS CHRISTI WorkAddress- City TX WorkAddress- Stale 78408 WorkAddres-Zip Code 361-887-0151 X226 Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional andlor Community Activity (Present) YOUNG BUSINESS PROFESSIONALS, MASTERS GRADUATE OF ORGANIZATIONAL PSYCHOLOGY FROM ALLWNT UNIVERSITY, SAN DIEGO AND BS GRADUATE OF PSYCHOLOGY FROM TEXAS A&M UNIVERSITY, COLLEGE STATION Registered Voter? 0Yes No Current resident of the city? Yes No if yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. C a uc as i a rd No n- H _ispani c Ethni: 1V Female Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. !Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and alt liability whatsoever if the information must be released pursuant to the Public Information Act. ® iAgree Oath swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) Question applies to OIL AND GAS ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Not Connected with Oil and Gas Well Industry City Of Corpus Christi PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX BOARD DETAILS SIZE 7 Seats TTERM LENGTH 3 Years OVERVIEW TERM LIMIT 12 Years CONTACT 1 Sherry Dubois 0 (361) 882-5633 sherry@pocca.com The Port of Corpus Christi Authority of Nueces County, Texas follows the laws prescribed in Article XVI, Section 59 of the Texas Constitution. �q DETAILS COMPOSITION Seven (7) members appointed as follows: three (3) City Council, three (3) Nueces County Commissioner's Court and one (1) San Patricio County for three-year staggered terms. Each person who is appointed or elected shall be a resident of the proposed navigation district and shall be an elector of the county. A person must have been a resident of Nueces County for at least six months to be eligible for appointment to the Port Commission. Commissioners may serve up to four (4) three-year terms. CREATION / AUTHORITY Acts 1909, Gen. Laws, Ch. 15, p. 32; Acts 1921, 1st C.S., p. 113; Acts 1925, 39th Legislature, Gen. Laws, Ch. 5, p. 7; Acts 1929, Ch. 103, p. 246; Acts 1961, Ch. 462, p. 1043; Acts 1973, Ch. 366, p. 811; Acts 1981, Ch. 165, p. 402; Acts 1983, Ch. 397, p. 2157, Chs. 60, 61, 62, Texas Water Code; 78th Legislative (change membership to 3 -City; 3-Nueces County and 1 San Patricio County) MEETS 2nd Tuesday of each month, 9:00 a.m., Ortiz Center TERM DETAILS Three-year staggered terms. DEPARTMENT Port of Corpus Christi Authority Name Board Name Status District IIIEnd Date Position Attendance Port of Corpus Christi Authority of Nueces County, TX Members December 8, 2015 One (1) vacancy with term to 1-1-19. Richard Valls, Jr. PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Seeking reappointment District 4 1 01/01/16 City Member 100% 11/11 Richard Bowers PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Active Other/ Non -Resident 1 01/01/18 Nueces County Member David Engel PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Active District 4 01/01/17 City Member Barbara Canales PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Active 1 01/01/17 Nueces County Member lir Judy Hawley PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Active 4 01/01/16 San Patricio County Chair Wayne Squires PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Active District 4 1 01/01/18 City Member Charles Zahn PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Active 2 01/01/18 Nueces County Vice -Chair Port of Corpus Christi Authority of Nueces County, TX Applicants December 8, 2015 LL Jano 5 Andrasik PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX District 2 GOLD EXCHANGE Cary Campbell PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX District 4 SCOTT-MACON EQUIPMENT Martin L Evans PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX District 5 FREEDON INVESTMENT COUNSEL LLC F. Kershaw PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX District 4 2009 5. Staples Corpus Christi TX 361-885-7775 Corpus Christi TX 361-289-2782 101 North Shoreline Blvd., Ste. 560 Corpus Christi TX Kevin Nelson PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX District 1 TEXAS A&M UNIVERSITY -CORPUS CHRISTI 6300 Ocean Dr. Corpus Christi TX 361-825-3763 Kenneth R. Scott PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX District 5 USCG Corpus Christi TX Morgan Spear PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX District 4 MORGAN SPEAR ASSOCIATES 2255. Carancahua Corpus Christi TX 361-883-5588 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Oct 14, 2015 Status: submitted Profile Prefix Jana S Andrasik First Name Middle Last Name Initial Which Boards would you like to apply for? CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT, NUECES COUNTYTAX APPRAISAL DISTRICT, PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX 411111111111.111111 Street Address Suite or Apt 100la VIM District 2 What district do you live In? Please CLICK HERE for a map to verify your district assignment. 11111111.1.11111/ Primary phone Alternate Phcne Gold Exchange Owner Employer Job Title 2009 s Staples WorkAddress- StreetAddressand Suite Number Corpus Christi WorkAddress- City WorkAddress - Slate State Postal Code WorkAddress- Zip Code 361-885-77.7.5 Work Phone andrasik@hotmail.com Work E-mail addres Work Address Prefened Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please List: None Education, Professional and/or Community Activity (Present) Local Property and Business owner in Corpus Christi Active in local politics and clubs Registered Voter? * Yes QNo Current resident of the city? * Yes 0 No 8 If yea how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® I Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. 1 also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® [Agree Oath 1 swear that all of the statements included in my application are true and correct. ® I Agree Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX. Are you a resident of the Port Authority district and an elector* of Nueces County? Q Yes No Question applies to multiple boards, *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY TX. Have you been a resident of Nueces County for at least 6 months? Q Yes No BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Dec 09, 2013 Status: submitted Profile Cary FrstNam Email Address 6rtilia Campbell Last Name Suffix Which Boards would you like to apply for? PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Street Address City District 4 What district do you live in? 11111111111111111. Suite or Apt Stale Postal Code Please CLICK HERE for a map to verify your district assignment. 4.11111111111•1111 wimomme Primary Phone Alternate Phone SCOTT MACON EQUIPMENT WorkAddress - Street Address and Suite Number CORPUS CHRISTI_ WorkAddress - City TX WorkAddress- State 78409 SALES REP/CRANE & EQUIPMENT DEALER J4II Tdlie WorkAddress - Zip Code 361-289-2782 Work Phone '-."orkE-mail address Home/PrimaryAddress Preferred MailingAddres Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SEE ATTACHED RESUME B.B.A. MARKETING TEXAS A&M UNIVERSITY -CORPUS CHRISTI 30 YEARS - MARKETING, BUSINESS DEVELOPMENT IN LOCAL INDUSTRY INCLUDING HEAVY INDUSTRY, MANUFACTURING, SERVICE CONSTRUCTION AND DISTRIBUTION. MARKETING AND BUSINESS DEVELOPMENT SPECIALIST LOCAL INVOLVEMENT IN POLITICS FOR COMMUNITY OF CORPUS CHRISTI AMERICAN CANCER SOCIETY, VARIOUS YOUTH AND CHURCH ACTIV ES FOR YOUTH PROGRAMS COACH LITTLE LEAGUE 12 YRS AND UP Registered Voter? ® Yes 0 N Current resident of the city? • Yes 0 No If yes how many yea, campbell.pdf Upload a Resume Please upload any additional supponing documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic !_;hnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath I swear that all of the statements included in my application are true and correct. ® !Agree Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY TX. Are you a resident of the Port Authority district and an elector* of Nueces County? ® Yes Q No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY TX. Have you been a resident of Nueces County for at least 6 months? •Yes QNo CAREER OBJECTIVE: To obtain corporate level marketing/business development position in a professional environment with an established growing company. CAREER SUMMARY: A highly experienced professional with a broad range of business skills acquired in diverse industries. Proven expertise in Marketing, Business Development, and Management. A goal -oriented, success -driven professional who performs well as a team member and independently. EDUCATION Texas A&M University -Corpus Christi BBA Marketing HIGHLIGHTS OF QUALIFICATIONS: • Over 20 years experience in Marketing and Business Development • Over 15 years experience as a Business Manager KEY SKILLS. MARKETING & BUSINESS DEVELOPMENT, MANAGEMENT, CLIENT AND CUSTOMER RELATIONS, START-UPS, PRESENTER & CLOSER, CONSULTATIVE SALES & NEGOTIATOR, TEAM LEADER, TRAINER & FACILITATOR, COMMUNICATOR & LISTENER, DECISION MAKER & LEADER, PLANNER & ORGANIZER. PROFESSIONAL ACHIEVEMENTS: • ESTABLISHED new market in medical field for National Urodynamics Consultants. A service allowing primary care physicians the opportunity to supervise in the clinical diagnosis of their own patients' health issues so that they can provide improved treatment options for a variety of disease states. • CREATED AND ADMINISTERED national marketing and distribution plan in the U.S. for start-up tractor manufacturing company Rioxpress Inc. with manufacturing facility in Monterrey, Mexico. • IMPLEMENTED efforts to expand into new market for Large heavy industry construction company by successfully acquiring contracts in the civil construction arena.. Results: $7 million in contracts over two year period. • SERVED as Project Manager/Job Superintendent for Black Bros. Construction Inc./General Contractor. Results: Successful completion of construction of $1.5 million St. John the Baptist Catholic Church. WORK HISTORY 4*---102012-Present Timber Casework Mfg. Co., Inc. Sem.ft2004-10/2012 North American Marketing Services ae (ou) 2003-2003 Bleck Bros. Construction Inc. 2002-2003 Rioxpress Inc. 2001-2002 H & V Equipment Services Inc. 1998-2001 Design Concrete Inc. 1996-1997 H & S Constructors Inc, 1991-1995 Mine Safety Appliance Co. ir Rest.t,rne tApdai-e — i tau. c_avr.e.1n -L cr.,..41644 to Sco+'frn c.cov. £$t.zP44.e.ni tw Crane Sa(zs .412c0`4015 [vsAu.st.ry ty,ctrk.etS -r%4-ous#k.u+ Ti+cuS. Director Business Development Owner/President Project Manager Corporate Development Territory Sales Representative President/Owner/Manager Marketing Representative Territory Manager Corpus Christi, TX Corpus Christi, TX Corpus Christi, 1'X Corpus Christi, TX Corpus Christi, TX Corpus Christi, TX Corpus Christi, TX Corpus Christi, TX CERTIFICATIONS • Industrial Fire Training -Assistant instructor at Texas A&M sponsored by MSA Company • Various internal/external courses in Presentation Management, and Professional Selling Skills • Previous certifications in the insurance and real estate industry Other Activities: Volunteer American Cancer Society Relay for Life Committee, Little League Baseball Coach (10 yrs.), chaperone and sponsor for youth activities for school organizations and church activities. BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Oct 16, 2015 Status: submitted Profile Poelior Martin First Name L Evans Middle Lai Nam Initial Email Address Which Boards would you like to apply for? AIRPORT BOARD, COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE, CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY, NUECES COUNTY TAX APPRAISAL DISTRICT, PLANNING COMMISSION, PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX 1111M1111111111 Street Address Suite or Apt NM WPM City District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 111111111111111111111111 Primary Phone Alternate Phone Freedom Investment Counsel LLC Owner 101 North Shoreline Blvd, STE 560 WorkAddress- Street Address and Suite Number Corpus Christi WorkA; dress - City Sime Pascal Code TX WorkAddres- Slate 78401 WorkAddress - Zip Code Work Phone Marty@Freedom-ic.com Work E-mail address Holme/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional andlor Community Activity (Present) BS Political Science & History Ed, Texas A&I University Registered Voter? ® Yes No Current resident of the city? # Yes QNo 50 tt yes, how many years? CitvBaard_Resume.doc Upload a Resume Please upload any additional supposing documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Other Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® !Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. 1 also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath I swear that all of the statements included in my application are true and correct. !Agree Board -specific questions (if applicable) Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX. Are you a resident of the Port Authority district and an elector* of Nueces County? •Yes No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX. Have you been a resident of Nueces County for at least 6 months? •Yes No MARTIN L. EVANS BACKGROUND: Following college graduation served as a career commissioned officer in the U. S. Army with leadership and management positions in a wide variety of demanding jobs throughout the United States, Europe, the Caribbean, and Central America. Following that, served as Pilot with a regional Part 135 air freight carrier in South Texas. Following that, served as a Financial Advisor and Investment Management Consultant with a major Wall Street Investment Firm. Small business owner in Corpus Christi for past 6 years. PAST POSITIONS & ACTIVITIES RELEVANT TO POSITION BEING SOUGHT: Service Platoon Leader U.S. Army Tank Battalion, Germany Leadership and supervision of 30+ soldiers; Responsible for a fleet of 30 medium trucks, fuel tankers & all terrain ammunition haulers; Logistical support of rations, fuel, supplies and ammunition to an armored tank battalion with 50 heavy tanks and 500+ personnel. Tank Battalion Inteligence Officer, US Army Germany Senior Staff Officer; Information gathering and analysis; Operational planing; Threat analysis; Force protection and operational security; combat readiness training Operations Officer, US Army Garrison, San Juan, Puerto Rico Command VIP breifing officer; Operational plans and training; Helicopter support to multiple military commands and government agencies in Puerto Rico and the US Virgin Islands; Disastor relief and humanitarian assistance operational support Installation Inspector General, US Army Ft. Sam Houston, Texas Personal advisor to the chief executive officer of a major military installation; Identified, analyzed and developed solutions for systemic problems related to the efficient management of a major military community with an annual operating budget in excess of $20 million. Investigated and reported to the commander on non -criminal complaints and allegations; Provided counseling and assistance on complex personal problems reported by employees and clients; budgeting oversight and internal controls Aviation Operations Staff Officer, US Army South, Panama (Operation Just Cause) Aviation issues briefing officer for Commander US Army South; Aviation operations planning and coordination at senior Army command; planned and participated in nation building operations to remote regions of Panama; Protocol escort officer for Secretary of the Army and U.S. Army Chief of Staff on two separate Command visits Aviation Batalion Executive Officer, US Army Honduras & El Salvador Coordinated downed aircraft and casualty recovery in a combat environment; Provided aviation support for International Election Monitors, El Salvador Nationl Reconciliation Elections 1991; Set up and maintained a remote communications relay network supporting aviation operations in a tropical mountainous region of Central America; Provided helicopter transport for medical teams on medical assistance missions to remote indigenous tribes of Honduras; Provided aviation support to US Embasys El Salvador and Honduras Financial advisor with a global investment firm. SKILLS SUMMARY: Excellent communications, written & verbal Multi level employee supervision experince Strategic planning and policy formulation Preparation and presentation of formal briefings Information analysis and reporting Project development and oversight Budgeting EXPERINCE: May 2009 — Present Financial planning and analysis Training and Teaching Computer and Internet savvy Marketing and sales P & L analysis Registered Principle/Owner — Freedom Investment Counsel LLC Established my own independent financial advisory practice to continue performing duties and responsibilities similar to those performed while employed in the financial services industry described below. Apr 1997- May 2009 Financial Advisor & Investment Management Consultant UBS PaineWebber, Corpus Christi, TX Developed new client relationships. Serviced clients in the areas of personal financial plans, employer sponsored retirement plans, securities and insurance sales. Supervised customer service and support staff. Achieved advanced professional designation as an Investment Management Consultant. Developed and maintained a personal business plan. Managed investment strategies in over 200 client relationships working to educate and assist clients in the investment decision making process. Daily activities include financial planning, investment performance analysis, marketing plan implementation, substantial client contact and frequent coordination with outside vendors or product managers. Assisted with new employee selection and training. Grew capital responsibility and personal production for six consecutive years. Current capital responsibility $30,000,000+. Trailing 12 month production $215,000. Awarded special corporate recognition in 1998 for qualifying in the top 10% of peer group for new accounts and new assets under management. Nov 1995 -Apr 1997 Account Executive, Dean Witter, Corpus Christi, TX New client development, securities sales and marketing. (See above) Jul 1994 -Jan 1997 Air Carrier Pilot, Part 135 Operations, Aero Pak, San Antonio, TX Pilot for an overnight air freight operator. Aug 1991 -Jul 1994 Aviation Division Chief, Fifth U.S. Army, Ft. Sam Houston, TX Supervised a 5 -person management evaluation team validating aviation organization's training, safety, standardization and maintenance programs in an eight -state area. Inspected compliance with established regulations and policies. Insured internal controls and budget expenditure reporting procedures. Participated in formulation of policy and operational plans. Provided oversight and inspection Jan 1991 -Aug 1991 Executive Officer, 4th BN 228th Aviation Regt., Soto Cano AB, Honduras Supervised a management team responsible for aviation operations in 5 Central American countries with 30 helicopters and 300 employees. Developed a goal oriented aviation maintenance management program, improving aircraft availability rates by over 10% allowing increased operating tempo. Developed and implemented organizational structure changes to enhance aviation support in Central America. Jan 1990 -Jan 1991 Aviation Operations Officer, U.S. Army South, Ft. Clayton, Panama Provided staff oversight and support of aviation operations for a major military headquarters during and after Operation Just Cause. Organized and conducted frequent formal decision briefings and informative presentations for senior executive leadership and high level political and government leaders. Selected principal escort officer for Secretary of the Army and U.S. Army Chief of Staff on two separate command visits. Utilized persuasive skills in the corporate decision process. Feb 1986 -Jan 1990 Inspector General, Headquarters USAG, Ft. Sam Houston, TX Personal advisor to the chief executive officer of a major military installation. Responsible for formulation and interpretation of policies and regulations. Established a systematic inspection program to insure compliance with prescribed operating procedures. Received, evaluated and recommended action on special issues raised by employees and customers. Identified, analyzed and developed solutions for systemic problems related to the efficient management of a major military community with an annual budget in excess of $20 million. Supervised 5 staff specialists. Computer skills and other Qualifications: Microsoft Office Suite Windows NT MS Word MS Excel Group one life & annuity insurance license Education: NASD Series 7 Series 63 ACT Contact Management data base MS PowerPoint Series 65 Series 31 Investment Management Consultant Internet savvy Graduated Calallen Highschool 1969, BS in Political Science & History ED, Texas A & I University, Distinguished Military Graduate; Army Command and General Staff College (graduate level). Investment Management Consultant program UBS PaineWebber. BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Aug 27, 2013 Status: submitted Profile Prefix F. Firs Name Email Address Kershaw Middle Last Name Initial Suffix Which Boards would you like to apply for? PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX City .. _. — WMIMO stale Street Address Suite orApt District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Employer WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State Alternate Phone Jot TIIIR Postal Code WorkAddress- Zip Code Work Phone WorkE-ma;I address Home/P ri mary Address Preferred ''.ladingAddrew Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional andlor Community Activity (Present) RETIRED - SEE ATTACHED RESUME ARBORISTAVIATION LANDSCAPE ARCHITECT Registered Voter? p Yes O No Current resident of the city? ®Yes ONo If yes, how many years? KERSHAW.pdf Upload a Resume Please upload any additional am:torting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Prefer not to Answer Ethnicity ?ender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® [Agree Oath I swear that all of the statements included in my application are true and correct. El !Agree Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX. Are you a resident of the Port Authority district and an elector* of Nueces County? 0Yes 0 N Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX. Have you been a resident of Nueces County for at least 6 months? ® Yes 0 N SUMMARY Captain (ret) Francis Michael "Mike" Kershaw AMMINIIIMINEDMMIM Experienced, highly trained professional mariner with over 50 years experience in a wide variety of maritime operations in numerous geographic areas. Texas State - Commissioned Piot in three ports and harbors over a 37 year career. Early experience with developing articulated tug -barge operations, expert in coordinating inshore to offshore movements of major oil platforms, marine surveyor and expert witness in ocean towing matters. Experienced in communicating complex maritime issues to diverse audiences and though multi -media outlets. Appreciates the importance of a well- functioning port and the need to conduct safe and efficient maritime commerce to develop and expand this crucial economic engine. PRESENT ACTIVITIES Marine Surveyor and Consultant HIGHLIGHTS • State -Commissioned Pilot, 1971-2008. • Maritime Community Adviser Implementing Section of State Transportation Code, 1995 • Port of Corpus Christi Adviser to National Estuaries Program, 1994.4997 • Adviser to Port of Corpus Christi Pilots implementing carry -aboard GPS navigation system, 1995 EXPERIENCE ➢ 1963-1967: Mate & Master of Harbor, Ship Assist Tugs • 1967-1971: Mate & Master of Ocean -Towing Vessels; Northeast Atlantic, Gulf of Mexico, Caribbean Sea and Northwest Pacific ➢ 1971-2008: State -Commissioned Piot ➢ 1973-74: Valley Fleeting and Towing, President ➢ 1971-1984: State -Commissioned Pilot, Port of Houston 1984-2008: State -Commissioned Pilot, Port of Corpus Christi ➢ 1984-2008: State -Commissioned Pilot (Deputy), Port of Brownsville D 1986 -Present: Quail Guide/Upland Bird Outfitter EDUCATION • Southmost Junior College, Brownsville, Texas, 1961 • Ball High School, Galveston, Texas, 1960 LICENSES • Master of Oceans, 500 tons, 1969 • Mate of Oceans, 1600 tons, 1965 • Pilot First Class (Unlimited tonnage), Ports of Houston, Galveston, Texas City, Corpus Christi, Port Isabel and Brownsville, Texas and Tampa, Florida, Mississippi River via Southwest Pass to Mile No. 160 (including New Orleans) ------PROFESSIONAL CONTINUING EDUCATION-------- • Basic Radar and Simulator Course, 1969 • Central Region Gyro Compass Training Course, 1968 • Page Navigation School - New Orleans, Louisiana, 1968 • CAORF - Ship Simulator - Kings Point, New York, 1981-82 • Marine Service International - Ship Simulator, Providence, Rhode Island, 1989 • Port Revel, Ship -handling Training Centre, Grenoble, France, 1994 • Ship Model Simulations, Vicksburg, Mississippi, 2000 • Port Ash, Manned Model Ship -handling Course, New Castle, Australia, 2003 • Maritime Institute of Technology and Graduate Studies (MITAGS) - Bridge Resource Management, 1995 - Emergency Ship Handling, 1996 - Differential Global Positioning System, 1996 • California Maritime Academy, Tractor Tug Operations, 2000 • Maritime Pilots Institute, 2008 - Wheelhouse II Pilot Carry -Aboard System and Automated Information Systems PERSONAL INFORMATION DOB: July 23, 1942; Married (B.J.); Children (Michael and Ken) -PROFESSIONAL AFFILIATIONS D Propellor Club of Corpus Christi • Council of Mastered Mariners (Associate Member), Houston, Texas ➢ American Pilot Association • Texas State Pilot Association COMMUNITY SERVICE • Rotary Club of Corpus Christi, 1984-Present 27 Years Perfect Attendance Board of Directors 2009-2011 • Corpus Christi "Mustangs", 1996-Present • Propeller Club of Corpus Christi, 1994-5; 1995 "Man of the Year" • International Seaman's Center, Board Member, Building Committee; Co-Chaired Two Maritime Festivals • Rotary Club of Corpus Christi Harvey Weil Sportsman Conservation Award (Grant Committee, Honoree Committee), 1999-Present • "Kika de la Garza" PIant Materials Center, Kingsville, Texas; Advisory Board Member • Caesar Kleberg Wildlife Research Institute, Texas A&M University-Kingsville, Sustaining Member • Corpus Christi Yacht Club, Board Member • Church of the Good Shepherd, Vestry Member 2012-Present, Treasurer • Huffman Independent School District, School Board Trustee, 1980-1982; President, 1982 • Church of the Good Shepherd (Humble, Texas), Building Committee, 1976 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Jul 29, 2013 Status: submitted Profile Kevin rst N Email Address tni- `.., Nelson Las Name Which Boards would you like to apply for? MARINAADVISORY COMMITTEE, PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX, WATER RESOURCES ADVISORY COMMITTEE, WATERSHORE AND BEACH ADVISORY COMMITTEE StreetAddress Suite or Apt C iiy District 1 What district do you live In? Please CLICK HERE for a map to verify your district assignment 11111111.1111111110 Primary Phone Alternate Phone TEXAS A&M UNIVERSITY- POST DOCTORAL RESEARCH CORPUS CHRISTI ASSOCIATE Employer Job Title 6300 OCEAN DR. WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress • City TX WorkAddress- Slate Slate Postal Code 78412 WorkAddress - Zip Code 361-825-3763 Work Phone Work Email address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional andlor Community Activity (Present) PH.D. COASTAL AND MARINE SYSTEM SCIENCES; M.S. COMPUTER SCIENCE CURRENT REGIONAL ACTIVITY, DETERMINING TEMPORALAND SPATIAL EXTENT, AND CAUSES OF HYPDXIA IN CORPUS CHRISTI BAY. MODELING MARSH VEGETATION RESPONSE TO FRESHWATER INFLOW IN THE NUECES RIVER DELTA Registered Voter? ®Yes ONo Current resident of the city? •Yes ONo If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. lAgree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. ® !Agree Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX. Are you a resident of the Port Authority district and an elector* of Nueces County? • Yes 0 No Question applies to multiple boards. ' *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Have you been a resident of Nueces County for at least 6 months? ® Yes Q No BIOGRAPHICAL_ INFORMATION FORM FORA CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Sep 30, 2015 Status: submitted Profile Prefix Kenneth First Name Email Address R. Scott Middle Last Name Initial Which Boards would you like to apply for? CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE, CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT, PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX, SISTER CITY COMMITTEE, WATERSHOREAND BEACH ADVISORY COMMITTEE Street Address Suite orApt OM City State Postal Code District 5 What district du you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phene USCG Marine Investigator Employer Joh Title workAddress- Street Address and Suite Number Corpus Christi workAddress- City TX WorkAddress- Slate 78401 WorkAddress- Zip Code WorkPhone rob.scott@coldwellbanker.com Work 5 -mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: do not serve on other City boards, commissions or committees. Education, Professional andlor Community Activity (Present) Retiring from United States Coast Guard - 20 years, as Marine Investigating Officer. Studied Landscape Architecture at Virginia Polytechnic Institute and State University (VA Tech) 1991-1995 Studied Military Technical Leadership and Applied Electronics at Thomas Edison State University 2012-2013 Completed Real Estate License Courses and received Salesperson License in June, 2015. Registered Voter? ® Yes Q No Current resident of the city? Q Yes 0 No 15 months If yes, how many years') ROBRESUME.docx Upload a Resume Please upload any additional supponmg documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male ent - Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® !Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. 1 also understand that it may not be legally possible to maintain the confidentiality of such information, and 1 hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® I Agree Oath 1 swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX. Are you a resident of the Port Authority district and an elector* of Nueces County? p Yes O No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX. Have you been a resident of Nueces County for at least 6 months? Yes ONo Specialty Areas KENNETH R. SCOTT,LT,USCG • Microsoft Office Applications rsonality/People Skills • Innovative Data Compilation/Storing tention to detail • Time Management pedient problem solver Bachelor's of Landscape Architecture Education is Institute and State University • Internstup at Shriver and Holland Architects, Norfolk, VA 3 hours remain • Internship at Anderson & Associates, Inc. Civil Engineering/Survey, Blacksburg, VA Associates Applied Electrical Technology Credits complete Thomas Edison State College, NJ Experience sociate Coldwell Banker, Pacesetter Steel Realtors • Texas Licensed Realtor® • Member, National Association of Realtors® • Member, Texas Association of Realtors® Member, Corpus Christi Association of Realtors® Investigations Division Chief, Freedom of Information Act Officer USCG Sector Corpus Christi, TX June 2015 to present July 2014 to present • Carried large investigation load as only investigator in four person division for first six months after assignment. • Frequent and expedient collaboration with Response Department upon detection of illegal passenger vessel operations or other activity by individuals suspected to be in violation of federal law or regulation. • Exercised continuous public and industry outreach to discuss changes in applicable laws and regulations to ensure that all operators in the area of responsibility were in compliance. • Worked closely with various company representatives; established rapport that afforded quick communication of emergent issues and personnel violations over which, the Coast Guard has jurisdiction. Investigations Division Chief, Freedom of Information Act Officer USCG Sector Sault Sainte Marie, MI July 2011 to June 2014 • As sole marine investigator conducted more investigations than any other unit in District Nine in the Great Lakes Area; all other units had multiple investigator billets. • Led and documented multiple CG personnel administrative inquiries/investigations. Considered �f, Sector Intelligence, Experience urity Officer Cont'd ampton Roads, Portsmouth, VA August 2008 to June 2011 ed 1 Civilian and 3 active duty (2 officers, one enlisted) ted Intelligence Information from human sources through consent based interviews zed and created intelligence reports d/disseminated threat assessments during various events ted risk assessment, coordination with outside agencies aw personnel security background completions during HSPD12 for more than 700 personnel with any/all personnel issues affecting security clearances; reported to CG Security Center one civilian in 2010 ersed in Human Resource procedures and regulations lty Investigator ervices Officer ampton Roads, Norfolk, VA June 2005 to August 2008 cted interviews with persons involved with marine casualties, drug/alcohol use, and olation of law or an act of negligence arly represented CG at administrative hearings to seek sanction against offending CG ties ulously prepared case work for all investigations and hearings d closely with attorneys and local police detectives ed REID Interview Techniques Seminar ty Investigation Case Reviewer December 2003 to June 2005 arters, Washington D.C. wed and approved casualty investigation case work for entire CG • Real Estate License No. 657447, National Association of Realtors, Texas Association of 7orpus Christi Association of Realtors Awards, oast Guard Commendation Medal, Coast Guard Achievement Medal, Navy Achievements, ;nt Medal ;O 9000 — Trained Quality Auditor Certifications & ualified Marine Investigator, Enforcement Investigator, Suspension and Revocation ir, Suspension and Revocation Hearing Investigator and Small Passenger Vessel auucuapier T) Inspector BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jun 05, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Morgan Fr9 Name }f c;�aCJ Vie, Spear Last Name Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, PLANNING COMMISSION, PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Street Address Suite orApt CirY Stats Postal Code District 4 What district dL::ou live in, Please CLICK HERE for a map to verify your district assignment 11111111111.111111111 Primary Phone Alternate Phone MORGAN SPEAR ASSOCIATES PRESIDENT Employer Job Title 225 S. CARANCAHUA Work Address- Street Address and Suite Number CORPUS CHRISTI WorkAddress -City TX WorkAddress- Slate 78401 WorkAddress - Zip Code 361-883-5588 Work Phone Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional andlor Community Activity (Present) FORMERLY SERVED ON THE BOARD OF ADJUSTMENT BACHELOR OF ARCHITECTURE DEGREE FROM UNIVERSITY OF TEXAS IN AUSTIN 1957 LICENSED TO PRACTICE ARCHITECTURE IN THE STATE OF TEXAS JANUARY 1962 MEMBER OF NATIONAL COUNCIL OF ARCHITECTURE REGISTERED BOARDS 1984 MEMBER OF THE AMERICAN INSTITUTE OF ARCHITECTS MEMBER OF TEXAS SOCIETY OF ARCHITECTS BOARD MEMBER OF HOUSE COMMITTEE AT CORPUS CHRISTI COUNTRY CLUB BOARD MEMBER OF CENTENNIAL HERITAGE HOUSE BOARD MEMBER OF HARBOR PLAY HOUSE LITTLE THEATER CHAIRMAN OF THE BOARD OF PALMER DRUG ABUSE PROGRAM (PDAP) Registered Voter? Yes O No Current resident of the city? rOYes ONo 56 11 yes how many years? Upload a Resume Please upload any additional support ng documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. CaucasianlNon-Hispanic Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. !Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. 1 also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. l !Agree swear that all of the statements included in my application are true and correct. ® !Agree Question applies to PORT OF CORPUS CHRISTIAUTHORITYOF NUECES COUNTY TX. Are you a resident of the Port Authority district and an elector* of Nueces County? ® Yes 0No Qirc,spon applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX. Have you been a resident of Nueces County for at least 6 months? ® Yes No City Of Corpus Christi WATER RESOURCES ADVISORY COMMITTEE BOARD DETAILS OVERVIEW As, SIZE 10 Seats TERM LENGTH 2 Years TERM LIMIT 6 Years 1 Brent Clayton filba-Q (361) 826-1670 CONTACT brentc@cctexas.com The Water Resources Advisory Committee advises the City Council, City Manager and Water Superintendent in matters of water resources management. The City Council, City Manager and Water Superintendent may refer matters to the committee to obtain their views. �q DETAILS COMPOSITION Ten (10) members appointed by the Mayor with the approval of the Council for two-year staggered terms. The members shall include 1 - residential customer (home owner) of the City's water system; 1 - large commercial customer of the City's w ater system, 1 - w holesale raw or treated w ater customer of the City's regional w ater supply system, 1 - representative of the Port Industries of Corpus Christi, 1 - representative of a school district located w ithin the city, 1 - representative of a military facility, 1 - representative of landscaping/nursery/horticulture interest; 1 - apartment ow ner or ow ner's representative, 1 - citizen at -large and 1 - member or employee of an organization that seeks to protect or positively influence the Nueces River w atershed or its ecosystems. In addition, the Mayor may appoint one or two Council member(s) to serve as ex -officio member(s). CREATION / AUTHORITY Chapter 2, Article IV, Division 20, Code of Ordinances -Ordinance No. 024561, 8/28/01; Ord. No. 024760, 2/12/02; amended by Ordinance No. 30431, 2/17/15. MEETS Quarterly on 3rd Thursdays of the month at 11:30 a.m. in the Water Department Conference Room, 2726 Holly Road. TERM DETAILS Two-year staggered terms. DEPARTMENT Environmental Name Board Name Status District Term End Date Position Water Resources Advisory Committee Members December 8, 2015 One (1) vacancy with term to 4-1-17 representing the following category: 1- representative of a military facility. (Mayoral appointment with approval of the Council.) Zane R. Thomas WATER RESOURCES ADVISORY COMMITTEE Resigned District 4 1 04/01/17 Military Facility Member Lucia Sosa WATER RESOURCES ADVISORY COMMITTEE Active District 5 2 04/01/16 Citizen At -Large Member Robert Kunkel WATER RESOURCES ADVISORY COMMITTEE Active District 1 2 04/01/16 Port Industries Member Scott Kucera WATER RESOURCES ADVISORY COMMITTEE Active District 5 2 04/01/16 School District Member Sally Gill WATER RESOURCES ADVISORY COMMITTEE Active District 4 1 04/01/16 Landscaping Member Joelle Francois WATER RESOURCES ADVISORY COMMITTEE Active District 5 1 04/01/17 Residential Customer Member Phil Hale, Sr. WATER RESOURCES ADVISORY COMMITTEE Active District 4 1 04/01/16 Apt. Owners or Owner's Rep. Member Brian Williams WATER RESOURCES ADVISORY COMMITTEE Active Other / Nor 1 04/01/17 Wholesale Treated Member Rocky Freund WATER RESOURCES ADVISORY COMMITTEE Active District 4 1 04/01/17 Nueces River Rep. Member Sam Sanders WATER RESOURCES ADVISORY COMMITTEE Active District 5 2 04/01/17 Lg. Commercial Customer Chair Water Resources Advisory Committee Applicant December 8, 2015 Roberto Reece WATER RESOURCES ADVISORY COMMITTEE District 4 United States Navy 8851 Ocean Drive Corpus Christi TX (361)961-2152 Military Facility Representative BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Oct 20, 2015 Status: submitted Profile ,ix Roberto A Reece First Name Middle Last Name Initial Which Boards would you like to apply for? WATER RESOURCES ADVISORY COMMITTEE r, r t Address Sulte or Apt c i ry State District 4 What distract do you live ins Postal Code Please CLICK HERE for a map to verify your district assignment. Business: (361) 961-2152 Primary Phone Alternate Phone United States Navy Employer 8851 Ocean Drive WorkAddress- Street Address and Sulte Number Corpus Christi WorkAddress- City Texas WorkAddress- State 78419 installation Energy Manager Job Title Work Address- Zip Code (361)961-2152 Work Phone roberto.reece@navy.mil Work E-mail address Preferred MailingAddress Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No, 1 am not currently serving on any City Board. Education, Professional andlor Community Activity (Present) Masters Degree in Business Administration, Certified Energy Manager Registered Voter? Yes No Current resident of the city? B Yes No 4 It yes, how many years? rnstallation Energy fanager_Resume.docK Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information. you will help us ensure that appointments represent a broad cross-section of the community. African American Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® !Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. El IAgree Board -specific questions (if applicable) Ques applies to WATER RESOURCES ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * ® Military Facility Representative ROBERTO A. REECE OBJECTIVE Highly disciplined individual seeks management, supervisory, or staff position where my leadership and experience in executing work in all aspects of energy, maintenance and project management will significantly contribute to a more efficient and profitable organization. SUMMARY OF QUALIFICATIONS Twenty six years of exceptional facility maintenance, project planning, project managing, and energy management experience: • Plans, directs, and manages activities involving work planning, estimating, execution and quality control of maintenance and energy projects • Supervise and write personnel evaluations; administer and implement proper work and safety procedures • Perform energy surveys /interviews to assess facility & infrastructure condition; provide input to improve Operations and Maintenance energy efficiencies • Develop conceptual energy conservation project designs, Random Order of Magnitude cost estimates, Return On Investment projections, and Payback • Bilingual: Spanish language; highly proficient in counseling and communication skills • Six Sigma Yellow Belt Qualified (Bechtel Nevada) • Project Management Course Certificate (PMI) • Certified Energy Manager (AEE) • Certified Energy Auditor (AEE) PROFESSIONAL EXPERIENCE 2012 - Present NAVFAC SE Corpus Christi, Texas Installation Energy Manager • Responsible for Planning, Designing and Project Management of a $1.2M lighting project base wide; project retrofitted 7,000 fluorescent fixtures, replaced 400 High Intensity Discharge high bay fixtures in 5 aircraft maintenance hangars and over 500 lighting sensors. • Successfully planned and managed $400K taxiway lighting project which included conversion of 982 taxiway light fixtures from quartz to LED, 10 signs and three regulators; saved the Department of the Navy $600K by executing work with in-house labor and a projected $20K in annual energy cost • Established realistic baseline for NASCC by performing research and data analysis of utility bills dating back to 2003; effort led to the re -baseline of the energy intensity data. Accurate accounting at NASCC pinpointed deficiencies and targeted specific energy conservation measures leading NASCC to exceed the mandated energy reduction goals established by E.0.13423 and the Department of the Navy. 2011 - 2012 Erica Lane Enterprises, Inc Corpus Christi, Texas Resource Efficiency Manager • Successfully prepared the FY2011 SECNAV Shore Installation Energy and Water Management Annual Report for the Naval Air Station Corpus Christi • Identified and assisted Utility Energy Management Engineer with the design, scope of work and cost estimating of a 3MW photovoltaic system and 800K gallon per day reverse osmosis desalination project • Developed energy, natural gas, and water data collecting spreadsheets and organized utility invoices for the purpose of managing accurate consumption records to assist with Department of Navy data calls, Defense Utility Energy Reporting System (DUERS) reporting, and local utility billing oversight • Provided energy conservation and management training to Building Energy Monitors and briefed newly assigned military personnel and civilian employees on energy/water policy at the base indoctrination seminar • Coordinated and provided technical support to contractors conducting level II audits of 2.1 million square feet of installation facilities; scope included lighting, mechanical systems (HVAC) building envelope and water use • Assisted with the writing and editing of the NASCORPINST 4100; established base energy/water reduction policy and cultural conservation environment guidelines to include demand management strategies 2011 - 2011 The Delphi Groupe Las Vegas, Nevada Manager II • Project Manager responsible for analyzing, capturing, calculating and reporting the Scope 1, 2 and 3 Greenhouse Gas Emission Inventory for the Department of Energy, Nevada Site Office Complex 2006 — 2010 National Securities Technologies Las Vegas, Nevada Senior Facilities Specialist • Assistant project manager responsible for the planning , coordination, and implementation of a $5.7 million Energy Savings Performance Contract; provided technical design support to Energy Service Contractors • Project manager responsible for collecting, sorting, analyzing, and reporting of monthly and annual utility consumption for the Department of Energy Nevada Site Office (NSO) complex; over 400 buildings at five geographically separted facilities, in addition, completed the annual Consolidated Energy Data Report • Developed, implemented and executed the NSO/NSTec facility energy audit program, retrocommissioning assessments initiative, and benchmarked all NSO facilities utilizing the Federal Energy Management Program, "ENERGY STAR" database; identified potential buildings that met the Guiding Principles for Federal Leadership in High Performance and Sustainalbe Buildings criteria • Spearheaded the research and execution of the NVEnergy rebate program for the NSO/NSTec Energy Management Program; effort led to the site receiving a rebate check from the local utility of a $116,000 • Subject Matter Expert on interpreting and implimenting energy regulation; Executive Orders, Congressional Mandates, Department of Energy (DOE) Orders, Federal Energy Management Program requirements. Member of LEED, Building Commissioning, and Energy Efficiency & Sustainability Teams 2003 — 2006 Bechtel Nevada/ NSTec Las Vegas, Nevada Facilities Specialist • Developed and implemented an energy management program for the Department of Energy, Nevada Site Office / National Nuclear Security Administration (NSO/NNSA); successfully implemented policies geared at reducing energy and water consumption, provided technical guidance and training to facility managers • Researched and developed conceptual designs, business cases and feasibility studies to implement energy and water conservation strategies and projects for the DOE NSO sites • Field Engineer responsible conducting facility and infrastructure sustainability surveys in over 400 DOE owned facilities; generated recommendations to determine continued reinvestment / refurbishment projects or decommissioning • As Six Sigma certified yellow belt provided in-depth analysis of processes within Operations & Infrastructure department; improved efficiency of resource allocation; realized over $2 million in hard and cost avoidance savings 2001— 2003 Nellis AFB Las Vegas, Nevada Electric Shop Manager/Electrical Superintendent • Coordinated electrical design and operations for construction projects worldwide • Successfully mobilized multi -skilled team of 15; executed installation of 1000 tons of chill water air conditioning systems valued at $2.5M for 4 aircraft hangars in the United Arab Emirates • Electrical project coordinator for 10 projects encompassing 4 countries and 6 states 2000 — 2001 Kunsan Air Base Rep of South Korea Base Electrical Systems Manager/Infrastructure Chief • Managed Power Production, Electrical Department, and Utilities personnel as acting Infrastructure Chief • Supervised ten military and five civilian employees; directed daily electrical operations for 2700 personnel installation; orchestrated completion of 3,500 work orders; increased productivity by 20% • Worked hand in hand with engineers, planners, and design consultants implementing projects in excess of 60 million dollars • Manager for maintenance and repair of lighting and electrical system for medium intensity airfield, 6.6 KV overhead and underground primary electrical grid, 600 volt and below electrical equipment, ammunition storage lightning protection system, and Fire/security alarm systems 1998 — 2000 Dyess AFB Abilene, Texas Chief of Planning/Electric Shop Supervisor • Managed the planning and execution of 50 work request resulting in the completion of $lmillion in high visibility minor construction projects; significantly improved mission efficiency base wide • Decisively supervised 15 military and civilian personnel in performing installation and maintenance of security/fire alarm systems, high voltage grid, cathodic protections systems, lightning protection systems and low voltage electrical equipment 1998 — 1999 Eskan Village Riyand, Saudi Arabia Electrical Superintendent • Managed 13 military personnel in high tempo high stress environment; increased productivity by 50% leading to the completion of $500K in projects • Spurred the installation of $50K security alarm system; trained users and maintainers; saved hundreds of hours in personnel resources while securing $25 million in assets 1994 — 1998 Albrook AFS Panama, Rep of Panama Industrial Facilities Maintenance Manager • Supervised and directed activities of sixteen multi -skilled (HVAC, Electrical, Plumbing, Structural) personnel during construction, repair, and renovation projects totaling over $2 million; rejuvenated older facilities and enhanced quality of life by successfully completing over 5,000 work orders • Proficiently executed complex closure actions at Albrook Air Force Station to meet Panama Canal Treaty requirements; effective coordination skills allowed for smooth transition • Efficiently coordinated $400M in real property transfer to the Rep of Panama; assets comprised of 690 acres, 69 industrial facilities, and 468 houses • Coordinated tours with government officials and investors; trained host nation representatives on reuse of facilities and equipment; provided all the tools and knowledge to assure success 1986 - 1994 Nellis AFB Las Vegas, Nevada • Performed duties as electrical systems journeyman under Air Force Specialty Code (3E0X1) http://usmilitary.about.com/od/airforceenlistedj obs/a/afj ob 3e0x1.htm • Installs, maintains, and repairs energized and de -energized electrical distribution systems and components • Execute repairs based on principles of electricity and electronics, including computation and measurement of common properties (resistance, inductance, capacitance, voltage, and current) to include reading electrical schematics and one -line diagrams EDUCATION • 2009: MBA, University of Phoenix, Las Vegas, Nevada • 2009: Certified Energy Manager (AEE) • 2009: Certified Energy Auditor (AEE) • 2008: Certificate, Maintenance Management, University of Nevada Las Vegas • 1995 — 1996: B.S. Political Science and Sociology, Florida State University, Panama, Rep of Panama • 1995: Non Commission Officer Academy, Air University, Barksdale AFB, Louisiana • 1991: Associates Degree in Electrical Systems, Community College of the Air Force, USAF • 1991: Associates Degree in Ecological Controls, Community College of the Air Force, USAF TRAINING • United States Air Force Supervisory Course • Total Quality Management Course • Certified Facility Manager Course (IFMA) • Microsoft (Word, Visio, Excel, PowerPoint, Outlook, Project) • National Electric Code REFERENCES Greg Mitchem Deputy Director O&I JP Martinez Federal Energy Manager Hugo Cole Operations Manager Savitra Candley Project Manager Christina Smith Project Manager Charles Mendoza Production Manager Ray Schroeder UEM Engineer AGENDA MEMORANDUM Future Item for the City Council Meeting of November 17, 2015 Action Item for the City Council Meeting of December 8, 2015 DATE: October 13, 2015 TO: Ronald L. Olson, City Manager FROM: E. Jay Ellington, Director JayEll@cctexas.com 361-826-3464 Aviator Memorial Donation Agreement for Ropes Park CAPTION: Motion authorizing the City Manager or designee to execute an agreement with NAS Corpus Christi Aviator Memorial Association for the donation and acceptance of the aviator statue made by Total Statue to be placed in Ropes Park. PURPOSE: To approve an agreement between with the NAS Corpus Christi Aviator Memorial Association for the donation, acceptance and maintenance of Naval Aviator Statue at Ropes Park. BACKGROUND AND FINDINGS: In early 2015 the NAS Corpus Christi Aviator Memorial Association (CCAMA) approached the Parks and Recreation Department (PARD) about placing a memorial/statue in one of the bayfront parks to commemorate fallen aviators. After reviewing several locations and working with PARD Staff, the CCAMA selected Ropes Park as a viable site for the statue. The Parks and Recreation Advisory Committee approved the location and the project during their July 2015 meeting. The memorial will feature a lighted 7 -foot bronze aviator statue on a 2 -foot pedestal surrounded by a brick walkway with benches. This is a reproduction statue made by Total Statue in Provo, Utah. The CCAMA has contracted with Gourley Contracting to build the memorial. Upon completion the statue will be donated to the City, however, the CCAMA will continue to be responsible for the maintenance of the statue, lighting and walkway. Because this statue is a reproduction it will not become a unit of the Permanent Art collection and does not require the approval of the Arts and Cultural Commission. ALTERNATIVES: Do not approve the agreement and deny the acceptance of the donation. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: 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 Fund(s): Comments: none RECOMMENDATION: Staff recommends approval of this agreement LIST OF SUPPORTING DOCUMENTS: Agreement with NAS Corpus Christi Aviator Memorial Association Proposal from NAS Corpus Christi Aviator Memorial Association 1 AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND NAS CORPUS CHRISTI AVIATOR MEMORIAL ASSOCIATION FOR DONATION AND ACCEPTANCE OF A REPRODUCTION STATUE RECITALS 10/28/2015 THIS AGREEMENT ("Agreement"), is made this day of , 2015, by and between the City of Corpus Christi ("the City"), and NAS Corpus Christi Aviator Memorial Association ("Donor"), for the purpose of establishing a contractual relationship under which Donor will procure and donate, deliver and install, and the City will accept, a 7 -foot bronze aviator statue including lighting, pedestal, and a walkway, for display on City property at the Ropes Park, Corpus Christi, Texas. WHEREAS, Donor's agent has provided a letter to the City outlining the Donor's offer to commission the creation of a reproduction cast bronze statute ("the Statue") from Total Statue ("the Artist") with the intention of donating the same to the City as a gift; and WHEREAS, the City and Donor (collectively "the Parties") desire to formalize their contractual relationship regarding the procurement and transfer of the Statue, and to define their rights, obligations and liabilities therefore; NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed by and between the parties as follows: TERMS 1. Donation of Statue, lighting, pedestal, and walkway. Donor agrees to procure and donate the Statue to the City, and the City agrees to accept the Statue, according to the terms of this Agreement. In addition, Donor agrees to procure and donate the support pedestal, lighting, and a walkway, for City Manager review of plans and acceptance. 2. Specifications of Statue. The Statue shall be a bronze -case creation by DeeJay Bawden (the "Artist") of Total Statue , as shown and represented in the drawings and photos included as Exhibit 1, attached to this agreement and herein incorporated. The Statue shall include a plaque identifying the Artist and recognizing the Donor. The actual size, design, and wording of the explanatory plaque shall be subject to the final approval of the City Director of Parks and Recreation, whose approval shall not be unreasonably withheld. Donor shall ensure that the Statue and pedestal are engineered for structural integrity and windstorm certified. 3. Donor's Responsibilities. Donor shall procure and donate the Statue (including lighting, pedestal, and walkway) to the City no later than 24 months after the signing of the contract with Total Statue, but in no event no later than 30 months after the signing of this Agreement by the City of Corpus Christi. The City Director of Parks and „ v Recreation is authorized to approve extensions to these timelines. �9— 2 Donor shall provide City Director with original signed letter from the Artist in which the Artist grants to the City an unlimited license to graphically reproduce the Statue for municipal noncommercial purposes in City brochures, catalogs, and use in any City media or other City publications. City shall endeavor to include the Artist name and Statue title in the City publications or reproductions. This provision shall survive termination or expiration of this agreement. Donor shall be solely and exclusively responsible for contacting, communicating with, and coordinating delivery of the Statue from the Artist to the City. Donor shall be solely and exclusively responsible for all costs related to procurement, delivery, and installation of the Statue, and the lighting, pedestal, and adjacent walkway components. Donor shall be responsible for maintaining statue, lighting and walkway. This provision shall survive termination or expiration of this Agreement. Donor shall ensure that all work performed on the City property complies with all applicable City, State, and Federal codes, statutes, ordinances and regulations. 4. City's Responsibilities. The City shall accept delivery, receipt and ownership for the Statue at a mutually acceptable time and place. 5. Project Site. Donor shall arrange for the delivery and installation of the Statue and associated pedestal, lighting and walkway, at the location in Ropes Park as depicted in the attached Exhibit 2. Should Engineering Services or Utility staff determine that this location is not suitable for the installation due to engineering structural analysis or impact to City utility infrastructure, then the Director of Parks and Recreation is authorized to work with Donor to identify another more suitable location within Ropes Park for placement of the Statue. 6. Risk of Loss or Damage. Donor shall be solely responsible and assume all risk of loss or damage to the Statue until receipt and acceptance thereof by the City. Acceptance by the City shall occur after delivery and successful installation at the project site. 7. installation of Statue. Donor shall insure that its contractor hired by Donor to install the Statue presents and reviews the construction plans with the Engineering and Parks and Recreation Departments for their prior approval. Donor must include, in all construction contracts entered into for the installation of the Statue and any additional components described herein, a provision requiring the Donor's contractor, to indemnify, hold harmless, defend and insure City, including its officers, agents, and employees, against the risk of legal liability for death, injury or damage to persons or property, direct or consequential, arising or alleged to arise out of, or in connection with, the performance of any or all of the work, whether the claims and demands made are just or unjust, unless same are caused by the gross negligence or willful act of City, its officers, agents, or employees. 3 Donor shall require Contractor to obtain the insurance described in the attached Exhibit 3 and applicable permits prior to beginning work on City property. 8. Relationship of Parties. No agent, employee, representative or subcontractor of Donor shall be deemed to be the employee, agent, representative or subcontractor of the City. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance and unemployment insurance, are available from the City to Donor or its employees, agents, representatives or subcontractors. Donor will be solely and entirely responsible for its acts and for the acts of Donor's agents, employees, representatives and subcontractors during the performance of this Agreement. 9. Expiration; Termination. This Agreement shall expire automatically upon the City's receipt and acceptance of the Statue. Once the commission contract is signed with the artist, neither the City nor the Donor can terminate this agreement. 10. Indemnification/Hold Harmless. Donor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Entire Agreement. The written provisions and terms of this Agreement, together with all documents attached hereto, shall supersede all prior verbal statements of any officer or representative of and such statements shall not be effective or construed as entering into or forming a part of, or altering in any manner whatsoever, this Agreement. 12. Modification. No waiver, alteration or modification of any of provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of City and Donor. 13. Assignment. Any assignment of this Agreement by Donor without the written consent of the City Director of Parks and Recreation shall be void. 14. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below. Any written notice hereunder shall become effective as of the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereinafter specified in writing. 15. Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options and the same shall be and remain in full force and effect. 4 16. Resolution of Disputes, Governing Law. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall be referred to the City Manager, whose decision shall be final. In the event of litigation arising out of this Agreement, the prevailing party shall be reimbursed for its reasonable attorney fees from the other party. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year above written. CITY OF CORPUS CHRISTI NAS Corpus Christi Aviator Memorial Association By: Ronald L. Olson, City Manager CITY CONTACT City Manager 1201 Leopard St Corpus Christi, Texas 78401 Approved as to legal form: By: te--`''� Lisa Aguilar, Assi tant City Attorney for the City Attorney By: Title. DONOR MAILING ADDRESS: 6830 Wall Street Corpus Christi, Texas 78414 Artist Contact Address: DeeJay Bawden Total Statue 900 N. Main Provo, Utah 84663 5 Exhibit 1 NAS CORPUS CHRISTI AVIATOR MEMORIAL ASSOCIATION NAS CORPUS CHRISTI u•1-� ur. 31[.1411111 ANSali51 ',IN Aviator Memorial Proposal Prepared for: City of Corpus Christi, Parks & Recreation Department Prepared by: LCDR Chris Keech Co -Founder NAS Corpus Christi AMA March 16, 2015 Proposal number: 001 NAS CORPUS CHRISTI AVIATOR MEMORIAL ASSOCIATION EXECUTIVE SUMMARY NAS Corpus Christi Aviator Memorial Association (NASCC AMA) is a Corpus Christi -based non-profit organizatbn founded with the goal of honoring those aviators who have paid the ultimate price in service to our Country. Coals Our plan is two -fold, the first of which is to build a memorial in Corpus Christi in honor of our fallen brethren. The memorial will be a 7 -foot bronze aviator statue on a 2 -foot pedestal surrounded by a brick walkway leading up to it. This is a reproduction statue made by Total Statue out of Provo, Utah. We will be using the design of our sister memorial association In Lemoore, California. After completion of the memorial, any remaining funds will wir be put into a scholarship fund for the children of our fallen brothers and sisters. gokoion We are currently researching sites both on and off base and are interested In a possible location within Sherrill Park. If approved, the memorial would be funded by the Aviator Memorial Association and placed on City -owned land. Our donors would be able to place their personalized memorial bricks in the brick walkway to show how they were a part of making this memorial a reality. The following Is our vision for the Memorial. All measurements are tentative In nature and can be changed to accommodate the space available, statue weight, etc. 0 45'-0' Side view of the Memorial. 0 rY-0" NAS CORPUS CHRIST! AVIATOR MEMORIAL ASSOCIATION 174 Top view of the Memorial. t Bronze aviator statue courtesy of NAS Lemoore AMA. )1" fi 97°27" 33.7 4" W QIPV 6 EXHIBIT 3 INSURANCE REQUIREMENTS CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until ail insurance required has been obtained _and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Parks and Recreation Department 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: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $500,000 Per Occurrence AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit WORKERS'S COMPENSATION (Ail States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory and complies with Part II of this Exhibit. $500,0001$500,0001$500,000 INSTALLATION FLOATER Coverage shall be in the amount of the appraised value of statue. Coverage shall cover transportation of statue from point of origin thru Installation and acceptance of City of Corpus Christi, Parks and Recreation Director. C. In the event of accidents of any kind related to thls contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 7 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor 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 statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. 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. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, 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, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8 H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations 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 Parks and Recreation Department Aviator Memorial -- Statue Agreement 10/21/2015 ds Risk Management AGENDA MEMORANDUM Future Item for the City Council Meeting of November 17, 2015 Action Item for the City Council Meeting of December 8, 2015 DATE: October 20, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services DanG@cctexas.com (361) 826-3595 Approval of a Developer Participation Agreement for the City's cost to extend Brooke Road CAPTION: Resolution authorizing the City Manager or designee to execute a developer participation agreement with MPM Development, L.P., ("Developer"), to reimburse the Developer up to $77,536.80 for the City's share of the cost to extend Brooke Road, in accordance with the Unified Development Code. PURPOSE: MPM Development, L.P., will extend Brooke Road. The subdivision is located along Airline Road, east of Cimarron Boulevard and south of Saratoga Boulevard (SH 357). BACKGROUND AND FINDINGS: The developer, MPM Development, L.P., is developing the final phase of a multi -phased single-family residential, commercial and multi -family subdivision named Bordeaux Place Unit 5. The subdivision is located along Airline Road, east of Cimarron Boulevard and south of Saratoga Boulevard (SH 357). Bordeaux Place Unit 5 will contain 38 single-family residential lots, 1.774 acres of commercial development, and 9.945 acres for an apartment development. The Planning Commission approved the plat for Bordeaux Place Unit 5 on August 12, 2015. The participation agreement is for half - street construction along Brooke Road frontage and for the required extra thickness of the asphalt on Brockhampton Street. ALTERNATIVES: Denial of the Participation Agreement. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The developer will be extending and expanding Brooke Road for new subdivision as provided in the Unified Development Code. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance 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 $750,000.00 $1,500,000.00 $750,000.00 $3,000,000.00 Encumbered / Expended Amount 211,249.65 $1,105,482.62 $1,316,732.27 This item $77,536.80 $77,536.80 BALANCE $538,750.35 $316,980.58 $750,000.00 $1,605,730.93 Fund(s): Bond 2012 Comments: RECOMMENDATION: Staff recommends approval of the resolution. LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A DEVELOPER PARTICIPATION AGREEMENT WITH MPM DEVELOPMENT, L.P., ("DEVELOPER"), TO REIMBURSE THE DEVELOPER UP TO $77,536.80 FOR THE CITY'S SHARE OF THE COST TO EXTEND BROOKE ROAD, IN ACCORDANCE WITH THE UNIFIED DEVELOPMENT CODE. WHEREAS, the City has determined the agreement will carry out the purpose of the Unified Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a developer participation agreement ("Agreement"), attached hereto, with MPM Development, L.P., ("Developer"), for the CITY's portion of the cost of Brooke Road, including all related appurtenances, for development of Bordeaux Place Unit 5, Corpus Christi, Nueces County, Texas. This resolution takes effect upon City Council approval on this the day of , 2015. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Resolution- MPM Development LP -Bordeaux Place Unit 5 Participation Agreement Page 1 of 2 APPROVED: day of , 2015. Corpus Christi, Texas of , 2015 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Resolution- MPM Development LP -Bordeaux Place Unit 5 Participation Agreement Page 2 of 2 PARTICIPATION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home -rule municipal corporation, acting by and through its City Manager, or his designee, and MPM Development, L.P., ("Developer"), a Texas Limited Partnership, acting by and through its general partner. WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being 21.922 acre tract of land, more or less, a portion Flour Bluff and Encinal Farm and Garden Tracts, Section 20, Lots 12, 13, 20, 21 and 22 (the "Property"), and the Owner desires to develop and plat the Property designated on Exhibit 1 of this Agreement, which exhibit is attached to and incorporated in this Agreement by reference, to be known as Bordeaux Place Unit 5 ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to expand, extend, and construct Brooke Road for a distance of approximately 1069 feet to connect with Airline Road as depicted on and in accordance with the improvement requirements (the "Roadway Extension") set forth in Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference; WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by the Owner in conjunction with the Owner's final Plat; WHEREAS, Chapter 212 of the Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; and WHEREAS, this Agreement is made pursuant to the Local Government Code and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi. NOW, THEREFORE, in order to provide a coordinated public street construction and improvement project, the City and the Owner agree as follows: A. The parties agree that the language contained in the preamble of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. B. Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Owner will construct the Roadway Extension for and on behalf of the City in accordance with the plans and specifications approved in advance of construction by the City Engineer on behalf of the City. The parties acknowledge and confirm the total cost estimate for construction of the Roadway Extension, which estimate is attached to and incorporated in this Agreement as Exhibit 3 (the "Cost Estimate"). Subject to the limitations set forth below, the Owner shall pay a portion of the costs of construction of the Roadway Extension. Further, subject to the limitations set forth below, the City shall pay the remaining portion of the costs of construction of the Roadway Extension, designated as the total amount reimbursable by the City on the Cost Estimate. C. Notwithstanding any other provision of this Agreement, the total amount that the City shall pay for the City's agreed share of the actual costs of the Roadway Extension shall not exceed $77,536.80. D. The City shall reimburse the Owner a pro rata portion of the City's agreed costs of the Roadway Extension monthly, based on the percentage of construction completed less the Owner's pro rata portion and contingent upon submission to the City of an invoice for the work performed. The invoices must be paid by the City no later than thirty (30) days following receipt of each monthly invoice. Such reimbursement will be made payable to the Owner at the address shown in section N of this Agreement. E. In accordance with the Texas Local Government Code, the Owner shall execute a performance bond for the construction of the Roadway Extension to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253 of the Texas Government Code. F. The Owner shall submit all required performance bonds and proof of required insurance coverage in accordance with applicable State and local laws as detailed in Exhibit 4. G. Owner shall submit standard construction contract documents to the Executive Director of Public Works for review and approval in advance of beginning any construction of the Roadway Extension. H. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Roadway Extension or promptly notify the Owner of any defect, deficiency, or other non -approved condition in the progress of the Roadway Extension. I. The Owner shall fully warranty the workmanship and construction of the Roadway Extension for a period of two years from and after the date of acceptance of the improve- ments by the Executive Director of Public Works. J. OWNER COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM INDEMNITEES ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY MPM Development LP -Bordeaux Place Unit 5 Agmt vFinal Page 2 of 6 Standard Form Participation Agreement Version 1.0 8.17.15 INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PLATTING AND CONSTRUCTION OF THE ROADWAY EXTENSION OF BORDEAUX PLACE UNIT 5 DURING THE PERIOD OF CONSTRUCTION, INCLUDING THE INJURY, LOSS, OR DAMAGE CAUSED BY THE CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT. K. DEFAULT. The following events shall constitute default: 1. Owner fails to submit plans and specifications for the Roadway Extension to the Executive Director of Public Works in advance of construction. 2. Owner does not reasonably pursue construction of the Roadway Extension under the approved plans and specifications. 3. Owner fails to complete construction of the Roadway Extension, under the approved plans and specifications, on or before the expiration of 24 calendar months measured from the date this document is executed by the City. 4. Either the City or the Owner otherwise fails to comply with its duties or obligations under this Agreement. L. NOTICE AND CURE. 1. In the event of a default by either party under this Agreement, the non -defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. MPM Development LP -Bordeaux Place Unit 5 Agmt vFinal Page 3 of 6 Standard Form Participation Agreement Version 1.0 8.17.15 2. After delivery of the default notice, the defaulting party has 15 days from the delivery of the default notice ("Cure Period") to cure the default. 3. In the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. 4. Should the Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Owner, at the address stated in section N, of the need to perform the obligation or duty and, should the Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Owner. 5. In the event of an uncured default by the Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: a. Terminate this Agreement after the required notice and opportunity to cure the default; b. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or c. Perform any obligation or duty of the Owner under this Agreement and charge the cost of such performance to the Owner. The Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Owner receives notice of the cost of performance. In the event the Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. 6. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Owner has all its remedies at law or in equity for such default. M. FORCE MAJEURE. 1. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; insur- rections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. 2. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within 10 days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer MPM Development LP -Bordeaux Place Unit 5 Agmt vFinal Page 4 of 6 Standard Form Participation Agreement Version 1.0 8.17.15 period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. N. NOTICES. 1. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: If to the City: City of Corpus Christi Attn: Director, Development Services 2406 Leopard Street 178401 P.O. Box 9277/78469-9277 Corpus Christi, Texas with a copy to: If to the Owner: MPM Development, LP. Attn: Mossa Moses Mostaghasi, General Partner 426 S. Staples Corpus Christi, Texas 78401 City of Corpus Christi Attn: Asst. City Manager, Business Support Services 1201 Leopard Street 178401 P. O. Box 9277178469-9277 Corpus Christi, Texas 2. Notice must be made by United States Postal Service, First Class mail, certified, retum receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. 3. Either party may change the address for notices by giving notice of the change, in accordance with the provisions of this section, within five business days of the change. O. Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Roadway Extension, contracts for testing services, and contracts with the contractor for the construction of the Roadway Extension must provide that the City is a third party beneficiary of each contract. P. In compliance with City of Corpus Christi Ordinance No. 17112, the Owner agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 5. Q. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Owner from and after the date of the last signatory to this Agreement. This Agreement expires 24 calendar months from the date this document is executed by the City, unless terminated earlier in accordance with the provisions of this Agreement. Such expiration date of this Agreement is presently anticipated, but not currently known, to be December 15, 2017. (EXECUTION PAGES FOLLOWS) MPM Development LP -Bordeaux Place Unit 5 Agmt vFinal Page 5 of 6 Standard Form Participation Agreement Version 1.0 8.17.15 EXECUTED in one original this ATTEST: Rebecca Huerta City Secretary Approved as to legal form: day of , 2015. CITY OF CORPUS CHRISTI Ronald L. Olson City Manager u Ian Grant Assistant City Attorney OWNER: MPM Development, L.P. ossa uses Mostaghasi General Partner STATE OF TEXAS COUNTY OF NUECES /0 23 vs -- Date This instrument was acknowledged before me on �, 2015, by Mossa Moses Mostaghasi, General Partner, MPM Development, L.P., a Limited Partnership, on behalf of said partnership. CATHERINE GARZA '��'1Z' NOTARY PUBLIC 'is r� State otTexas y? o Comm. Exp. 12-05-2015 Notary ' ublic's Sign; MPM Development LP -Bordeaux Place Unit 5 Agmt vFinal Standard Form Participation Agreement Version 1.0 8.17.15 Page 6 of 6 STATE OF PD. COUN, OF NUECES ON THE LAO EMBRACED 8,1E BHEREARIE=RTETYTNEAFA 002 TMEHD APPROVE THE SUBDIVISION AND DEDICATION FOR THE PURPOSES AND CDNSIDERARONS THEREIN STATE OF T COUNTY OF NVECES $ M OWRNINTHE PTB BOUNDARIES OF THE FOREGOING PLAT. SUBJECTOWNERS LP. HEREBY CERT, THAT WE ARE THE ED TO N IN FAVOR OF ANO gfIgla E0 AS SH WE AS .ID LANDSURVEYED BEEN OICATED TO THE PUBLIC DEDICATION. FOREVER,ARo Moi ITms PLAWAS TM.E FOR THE PURPOSES STATE of TEXAS THIS THE DAY of 20 COUNTY of NUECES ff THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE E BY (NAME),. STATE OF TEXAS (TITLE) OF COUNTY OF NUECES 4 THIS THE DAY OF 20 THIS STApr OF INSTRUMENT ACKNOWLEDGED BEFORE ME BY OST THIS IN -runsRTLE STATE OF COUNTY OFUECE0 8 NIXON M.ENGINEERING. WAS PREPARED �MADE ON THE GROUND RNEDIRECTION. CCLEA°RECORIREEt RS ONPTOS TRUE AND M OVMNWTHOUT DELAY. BEARINGSTHIS .E DAY OF 1. THE BASIS OF ASIS THE SOUTHWEST BOUNDARY UNE of BORDEAUX PUCE UNIT T. SBS 0000 2. THE SUBJECT SRE IS C. IMARCHE19V. 1985.TNG TO FEMA MAP, COMMUNITY PANEL 485494 0540 CREVISED 3. THE SUBJECT SITE CONINNS 21.922 ACR6 INCLUDING STREETS TO BE DEDICATED. ECEMNG WATER FO -EXCEPRONAC AND 'OYSTER RECREATION USE 5, TCE0 ALSO CATEGORIZED THE RECEIVING WATER AS 5. SET 5/8' IRON RODS AT ALL LOT CORNERS 080£50 OTHERWISE NOTED. LA8 Ia A' 0200KSPE RAR ACEGUTONYWILLP e0 FEOUIRRRE0DRIN DUG2,1P6.0 THE °;;T DEuaixn'S T AND FDR THE STATE OF TEXAS 4 COUNTY OF NUECES DEVELOPMENT SERVICES OF THE DESCRIBED ECORPUS CHRISTII,TEVS APPROVED BY THE DEPARTMENT OF pµ0 TETU UTHU, P.E. LEEP AP pEVELOPMEMMSERWCES ENGNfllt BROOKE VIERvILLE CT ELISE DR 0 300' 600' 0000' n SCALE, 1'= 600' 1 AUG 12 az LOCATION MAP PLAT OF BORDEAUX PLACE UNIT 5 HLUFF s ARSNDRR 13, 20, 21 AND 22, A MAP OF MHICH IS RECORDED IN VOLLINE PAGES 41 - 43 MAP RECORDS. NLIELES CD. TX CORPUS CHRISTI, NUECES COUNTY, TEXAS BASS & WELSH ENGINEERING FIRM NU, F-52, 3054 S. 0LAMEDA 60, CORPUS CHRISTI, TEXAS 78404 STATE OF TEXAS $ COUNTY OF NUECES $ PROPERTYRE FINAL PLAT OF THE HEREIN DESCRIBED OF CORPUS CHRISTI, TEXAS BY THE PIANNIINGCOMSAPPROVED ON OEHAL£ of THE COV COMMISSION. .IS THE DAY OF 20 CHAIRMAN SECRETARY PHILIP J. RAMIREz, A.LA, LEEO AP DANIEL M. GRINSDO, P.E. AI.C.P STATE OF TEXAS M COUNTY OF NUECES $ I. KARA SANDS. CLERK OF THE COUNTY COURT IN AND FOR SAID COUNTY, OO HEREBY CERTIFY THAT THE FOREGOING INSTRUMENT DATED THE DAY OF 2O WITH Is CERTIFICATE OF AUTHENTICATION, WAS FI R RECORD N E OFFICE THE DAY OF E 20 AT O'CLOCK M AND DULY RECORDED THE DAY OF 20 AT O'CLOCK M. IN THE hi. RECORDS OF SAN COUNTY IN VOLUME PACE INSTRUMENT NUMBER WITNESS MY HAND AND SEAL OF .E COUNTY COURT IN AND FOR .ID COUNTY AT OFFICE IN CORPUS CHRISTI, NUECES COLJNIV. TEXAS, THE DAY AND YEAR LAST WRITTEN. DEPUTY KARA SANDS, CLERK UNTY COURT NUUECES COUMY. TEXAS Exhibit 1 Page 1 of 2 44 sus DD 23 J --� _ SG 00'00°E 97378' OO Do— BROOKE RD 280 00 00 v m43. 47 360 OD' 002 tO23. 27' es 20 30 337 61' \`6 A0 PLAT OF BORDEAUX PLACE UNIT 5, CORPUS CHRISTI, NUECES CO., TX TM ND 15023 SCALD = 60 BASS 9 WELSH ENGINEERING FIRM NO. F-52, 3054 S. ALAMEDA ST, CORPUS CHRISTI, TEXAS 78404 77292 SF 19 I. 774 AC, 30' 60' SCALE. I'= 60' r1[?[?L30O N/C� AUG 1 2 2019 PLANNING COMMISSION iS02° 30' 1 67, 04' s, SE- its >s ss�•o in 10363 SE 2u IA SF 8 260 03' OEN 2 433218 SF9 = 9,945 AC 0 6 7 E W O 9.00 O 2 1rvO 260 00 02 2 200.00 ST MERE EGLISE 92 s1 00 00—ev. oa _ _ - ^' - S61.0000, 336 00 en - 29 28 27 26 MANHATTAN ESTATES UNIT 38 cassos,s, 39' E C10260 eV DID 2 23.53122' 31.E 2092102D' 00'W 12147J20.42' 30E N0900.21, 82, 20=2,1. /0 N61'_ELT 00"W 1300.86 0 0 O 20981111D 14'2 2092705, 31NE CD=290. IT' 93' E LIE Exhibit 1 Page 2 of 2 ZA RL INE RD *,• PA* tots.NixaN M. WELSH t As% 36240 Foil 1. * fG j 51 I R!‘ Gti' 8/18/15 EXHIBIT SHOWING BROOKE ROAD IMPROVEMENTS 1"=100' 0 50' 100' 200' SCALE: 1"= 100' Exhibit 2 BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-STR, JOB NO. 15029, SCALE: 1" = 100' PLOT SCALE: SAME, PLOT DATE: 8/18/15, SHEET 1 OF 1 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 BORDEAUX PLACE UNIT 5 PRELIMINARY COST ESTIMATE CORPUS CHRISTI, NUECES COUNTY, TX 08/07/15 3054 S. Alameda St. 361 882-5521- FAX 361 882-1265 STREET & SURFACE ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" CURB & GUTTER 4272 LF 14.00 59,808.00 2. 4" THICK R/C WALK 15650 SF 4.00 62,600.00 3. 2" HMAC 7627 SY 17.50 133,472.50 4. 8" CRUSHED LIMESTONE BASE TO 2'BC 6826 SY 18.00 122,868.00 5. 6" CRUSHED LIMESTONE BASE TO 2'BC 2524 SY 16.00 40,384.00 6. 8" LIME STABILIZED SUBGRADE TO 2'BC 9350 SY 7.00 65,450.00 7. EXCAVATION 1 LS 42,500.00 42,500.00 8. CLEARING & GRUBBING 1 LS 1,500.00 1,500.00 9. STREET SIGN 2 EA 250.00 500.00 STREET & SURFACE ITEMS $529,082.50 STORM SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 15" RCP 280 LF 32.00 8,960.00 2. 18" RCP 57 LF 38.00 2,166.00 3. 24" RCP 475 LF 44.00 20,900.00 4. 36" RCP 21 LF 70.00 1,470.00 5. 5' INLET 7 EA 3,200.00 22,400.00 6. MANHOLE 1 EA 3,500.00 3,500.00 STORM SEWER ITEMS $59,396.00 SANITARY SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 8" PVC PIPE 751 LF 48.00 36,048.00 2. SANITARY SEWER MANHOLE 4 EA 3,500.00 14,000.00 3. DEEP CUT SERVICE CONNECTION 8 EA 2,200.00 17,600.00 4. 4" OR 6" PVC SERVICE 39 EA 450.00 17,550.00 SANITARY SEWER ITEMS $85,198.00 WATER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 16" CASING PIPE BORED IN PLACE 100 LF 300.00 30,000.00 2. 12" TAPPING SADDLE & 8" TAPPING GATE VALVE & BOX 1 EA 1,200.00 1,200.00 3. 8" PVC 2130 LF 36.00 76,680.00 4. 8" TEE 8 EA 350.00 2,800.00 5. 8" EL, ANY ANGLE 6 EA 250.00 1,500.00 6. 8" CAP, TAPPED FOR 2" 1 EA 300.00 300.00 7. 6" TEE 2 EA 300.00 600.00 8. 6" PVC PIPE 1064 LF 32.00 34,048.00 9. 6" EL, ANY ANGLE 8 EA 250.00 2,000.00 10. 6" GATE VALVE W/BOX 10 EA 950.00 9,500.00 11. 6" DIA X 30" PVC PIPE NIPPLE 21 EA 200.00 4,200.00 12. FIRE HYDRANT ASSEMBLY 7 EA 4,800.00 33,600.00 13. 6" CAP TAPPED FOR 2" 1 EA 200.00 200.00 14. 2" PE PIPE 212 LF 20.00 4,240.00 15. 2" GATE VALVE W/BOX 1 EA 800.00 800.00 WATER ITEMS Exhibit 3 $201,668.00 Page 1 of 3 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 3054 S. Alameda St. 361 882-5521-- FAX 361 882-1265 MISCELLANEOUS ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. TRAFFIC CONTROL & BARRICADING PLAN (DURING CONSTRUCTION) 1 LS 6,000.00 6,000.00 2. TRENCH SAFETY FOR EXCAVATIONS (SANITARY SEWER & STORM PIPES OF ALL SIZES) 2364 LF 2.00 4,728.00 3. STORM WATER POLLUTION PREVENTION 1 LS 3,500.00 3,500.00 4. 4" CONDUIT FOR AEP 200 LF 20.00 4,000.00 MISCELLANEOUS ITEMS TOTAL $18,228.00 $893,572.50 Exhibit 3 Page 2 of 3 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 BORDEAUX PLACE UNIT 5 CITY REIMBURSEMENT ESTIMATE CORPUS CHRISTI, NUECES COUNTY, TX 08/04/15 3054 S. Alameda St. 361 882-5521- FAX 361 882-1265 OVERSIZE/OVERDEPTH 28'BB STREET TO 40'BB STREET QUANTITY UNIT UNIT PRICE AMOUNT 1. 2" CRUSHED LIMESTONE BASE (OVERDEPTH) 2848 SY 4.25 12,104.00 2. 2" HMAC (OVERWIDTH) 1424 SY 17.00 24,208.00 3. 8" CRUSHED LIMESTONE BASE (OVERWIDTH) 1424 SY 17.00 24,208.00 4. 8" LIME STABILIZED SUBGRADE (OVERWIDTH) 1424 SY 7.00 9,968.00 TOTAL STREET & SURFACE ITEMS AT PARK 10% ENGINEERING, SURVEYING & TESTING TOTAL $70,488.00 $7,048.80 $77,536.80 Exhibit 3 Page 3 of 3 INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph II Of This Exhibit. $500,000 / $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 4 Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Exhibit 4 Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 4 Page 3 of 3 lalaaiwonoweingio City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P C Box 9277 Corpus Christi Texas 76469-9277 (361) 826-3240 Located at 2406 Leopard Street (Comer of Leopard St and Port Ave 1 City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: MPM Development. LP STREET: Pp Box 3313fR CITY: Corpus Christi ZIP: 78463 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 Board, Commission, or Committee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an 'ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Moses Mostaqhasi Title: Director (Print) Signature of Certifying Person: Date: c ` i, K 1DEVELOPMENTSVCSLSHARED\[aND DEVELOPMENPORDINANCE ADAM NISTRA'f]ONIAPPLICAT1oN FORMSIFORMS AS PER IEGALl26I24DISCLOSORE OF INTERESTS Parye 1 of 2 STATEMENfI 27 I2 DOC Exhibit 5 n DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K1 DHVELOPMENISVCS\SHAREDILAND DEVELOPMENTORDINANCLJ ADMINLSTRA11ON4APPUCATION FORMSIFORMS AS PER LEGAL= ZVDLSCLOSURE OP INTERESTS STATEMENTI27IZDOC Exhibit 5 Page 2 of 2 Vicinity Map e VICINITY MAP BORDEAUX PLACE UNIT 5 1 Aerial AERIAL MAP BORDEAUX PLACE UNIT 5 2 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 17, 2015 Action Item for the City Council Meeting of December 8, 2015 DATE: October 21, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Resolution authorizing the City Manager or designee to enter into outside city limit water contracts for properties in the Nottingham Acres Subdivision. CAPTION: Resolution authorizing the City Manager or designee to enter into outside city limits water contracts with the property owners in the Nottingham Acres Subdivision to provide public water to their respective properties pursuant to Section 55-113, City Code of Ordinances. PURPOSE: The service can only become effective if City Council approves the outside city limits water contract. The City Manager or designee is authorized to execute water service contracts. RECOMMENDATION: Approval of the resolution authorizing the City Manager or his designee to enter into outside city limits water contracts with property owners of up to 31 lots in the Nottingham Acres Subdivision to provide public water to their respective properties located outside the city limits pursuant to Section 55-113 of the City Code of Ordinances. Several of the water contracts will be with B & A Terra Firma LLC, the developer of the subdivision. BACKGROUND AND FINDINGS: Section 55-111 of the Code of Ordinances requires a written service contract between the City and all owners and record mortgagees and lienholders of such property. The property owner, B & A Terra Firma LLC, is currently building homes on several tracts of land outside the city limits. B & A Terra Firma LLC own properties known as Nottingham Acres Unit 1, Block 1, Lots 1-7; Block 2, Lots 1-5, Block 3, Lots 1-15; and Block 4, Lots 1-4. When Nottingham Acres Subdivision was constructed, public waterline was extended to the area and made available to the properties within Nottingham Acres. In order to obtain public water, the property owners must comply with the following requirements: a. Enter into a written service contract with the City; b. Submit plans that are in compliance with all city codes and obtain all city permits as if the property were within the City limits; and c. Allow inspections of all such construction. B & A Terra Firma LLC has been submitted construction plans to the City for review. Water connection will not be approved until after the water service contract has been approved and recorded in the Nueces County records. Pursuant to the requirements of the water service contract, construction may only occur in compliance with City regulations, including construction permit requirements, as though the property were inside the City Nottingham Acres Unit 1 was approved by the Planning Commission on December 3, 2014 and recorded in the Nueces County map records on September 2, 2015. Nottingham Acres Unit 1 is located south of FM 43 between County Road 33 and County Road 22. (See Exhibit A- Location Map) As part of the development of the subdivision, a waterline was extended from FM 43 to the subdivision in order to provide public water to the proposed lots. Nottingham Acres subdivision contains 31 lots. In accordance with Section 55-113 of the Code of Ordinances, the Council would be required to approve each contract for all of the properties. In order to expedite the contracts and not bog down the City Council, the City Manager or his designee will execute the remaining water service contracts. The future contracts for the properties within Nottingham Acres would not differ much from the contract with B & A Terra Firma LLC. Staff recommends the City Council approve authorizing the City Manager or designee to enter into outside city limits water contracts with the property owners to provide public water to their property located outside the city limits. ALTERNATIVES: Annexation of the property OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Section 55-111 of the City Code requires City Council approval of outside -City -limits water contracts. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •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: Resolution OCL Water Contract Exhibit A — Location Map Resolution Authorizing the City Manager or his designee to enter into outside city limits water contracts with the property owners in the Nottingham Acres Subdivision to provide public water to their respective properties pursuant to Section 55-111, Code of Ordinances. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The City Council authorizes the City Manager or his designee to enter into outside city limits water contracts, which is attached to this resolution and incorporated herein for all purposes, with property owners of up to 31 lots in the Nottingham Acres Subdivision to provide public water to their respective properties located outside the city limits pursuant to Section 55-113 of the City Code of Ordinances. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Lucy Rubio Brian Rosas Mark Scott Carolyn Vaughn STANDARD FORM CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS STATE OF TEXAS § COUNTY OF NUECES § THIS CONTRACT AND AGREEMENT made and entered into an original by and between, B & A Terra Firma LLC (Owner), whose address is 46 West Bar Le Doc, Corpus Christi, TX 78414, Kleberg Bank (Lien Holder), whose address is 4211 Ayers Street, Corpus Christi, TX 78415 and the City of Corpus Christi, Texas ("City"), a home rule city of more than 250,000 population, a municipal corporation and body politic under the laws of the State of Texas, of 1201 Leopard Street, Corpus Christi, Texas 78401, County of Nueces, State of Texas, for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions hereafter stated: WITNESSETH: I. Owner is owner in fee simple and of all existing rights, titles and interests therein of all the following described property located in Nueces County, Texas, which is situated partly or wholly beyond the corporate limits of the City of Corpus Christi, and further, the property is not principally used for port -related industry, as defined by Section 55-111, as amended, Code of Ordinances, City of Corpus Christi, and is generally delineated on the map attached to this contract and marked "Exhibit A" and being more particularly described as follows, to -wit: Nottingham Acres Subdivision Lot 5, Block 1, also commonly known by its street address as 1358 Kirklees Drive, Corpus Christi, TX 78415 11. City agrees to deliver City water to such property or to waterlines on the property, under rules and regulations promulgated and authorized by Sections 55-111 as amended, of the Code of Ordinances, City of Corpus Christi. III. Owner and Lien Holder agree to construct all improvements on such property under all City codes and regulations and to obtain all City technical construction permits as though the property were inside the City. Owner and Lien Holder consent to inspections of all of such construction of duly authorized inspectors or representatives of City departments charged with enforcement of the codes and regulations. Owner and Lien Holder agree that, as to any improvements, the applicable codes and regulations are those codes and regulations that are in effect at the time of commencement of the improvements. IV. All connections to the City water system are subject to the same rules and regulations regarding standards of delivery of water service, including installation and disconnections for failure to pay charges, as consumers within the City limits. Page 1 of 3 b 704 —I V. IT IS AGREED by and between the parties hereto that all of the above conditions shall be binding upon the successors and assigns of the said Owner and each of them, if multiples, and constitutes a covenant running with the land. WITNESS OUR HAND this 2-0 day ofDe , 2015. OWNER: B & A Terra F a LLC arghoe STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on this + e qday of OC -f { 2015, by Eric Zarghooni, President, B & A Terr- Fir = LLC e .. 1... ................ , v KATHERINE PICCIONE STATE OF TEXAS h"y Cvrim Exp 10.10 2018 LIE Gabr - I G erra Pre dent Kleberg Bank STATE OF TEXAS COUNTY OF NUECES § § v otary ublic, State of Texas Llrl{�� This instrument was acknowledged before me on this theV day of CI 2015, by Gabriel Guerra, President, Kleberg Bank rD 706-2_ CYNTHIA MARIE DIUNA Notary PAR. WM al Tests My Coea<otsdoa E4iRS 1010912x10 No ary ublic, State of Texas Page 2 of 3 City of Corpus Christi: ATTEST: By: By: Rebecca Huerta Daniel M. Grimsbo, P.E., Director City Secretary Development Services Department STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this day of 2015, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this day of 2015, by City Manager or designee, of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas APPROVED AS TO FORM: day of , 2015. Julian Grant Senior Assistant City Attorney for the City Attorney K.WEVELOPMENTSvcSSPEC AL SERNCES ALuE ME61NA17 WATER C6NTRACt3 OCL\ACTNE 2013170.1360 KIRKLEES bR. B S A tERRAIFIN0.L PACKEYIWATER CONTRACT.00C Page 3of3 TA 706--3 Nottingham Acres, Lot 5, Block 1 0 0.04750.095 0.19 0.285 Miles LI) tt ti v CR 22 v ca v 0 R 2i 706-y Exhibit "A" Water Contract Location Map City Limits N Date Created: 101/2015 Prepared By Nene J. Mapallanez Department of Development Servleea File, ?C.lbevelopmenrSvl:SISPECIAL SERYICESIPLATSIWaterConlraenlLondon Club EsntesIMapa Protected Coordinate System. NAD_1989_StatePfane_Tezu_South FRPS_4205_Feet Projection Lambert_Confonnal_Canlc Nottingham Acres Subdivision N Nottingham Acres Subdivision N AGENDA MEMORANDUM Future Item for the City Council Meeting of November 17, 2015 Action Item for the City Council Meeting of December 8, 2015 DATE: TO: November 3, 2015 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 Jeffrey H. Edmonds, P.E., Director, Engineering Services JeffreyE@cctexas.com (361) 826-3516 Enqineerinq Contract Wastewater Treatment Plant Consolidation Program Development CAPTION: Motion authorizing the City Manager or designee to execute a professional services contract with Stantec Consulting Services, Inc. of San Antonio, Texas in the amount of $1,427,186 for the Wastewater Treatment Plant Consolidation Program to develop a phased project implementation plan. PURPOSE: The purpose of this agenda item is to obtain authority to execute a professional service contract for the Wastewater Treatment Plant Consolidation Program Development. BACKGROUND AND FINDINGS: The City's Wastewater Department currently operates and maintains a wastewater collection and treatment system which consists of 6 wastewater treatment plants, 1,282 miles of wastewater lines, 109 miles of force mains, and 100 lift stations. Improvements and expansion costs for the wastewater system continue to mount due to the systems age and changes to discharge requirements imposed by the Texas Commission of Environmental Quality. The projected growth of the City is will require construction of repairs and expansions at several of the plants in the next 5 to 10 years. In an effort to improve efficiencies and reduce costs, the City has decided that, with the exception of the New Broadway Wastewater Treatment Plant, all other wastewater treatment plants be consolidated. This consolidation will result in operational and maintenance cost savings and the ability to use treated wastewater effluent as a non - potable water supply on a more comprehensive basis. The objective of this project is to determine the best strategy for the development and implementation of a long-range wastewater treatment plant consolidation program. This contract will conclude with an approved Project Implementation Manual (PIM) which includes infrastructure requirements for supporting trunk main and pumping capacities, overall program schedule, procurement requirements, sequencing, and budgetary requirements for each element. The plan will be developed to minimize the impact to rate payers for the recommended improvements. This project is divided into three phases. • Phase 1: Develop an optimal WWTP configuration scenario • Phase 2: Develop an implementation phasing plan • Phase 3: Develop an implementation programming schedule and budgets As part of this contract, the A/E, Stantec Consulting Services, Inc. will hold regular meetings with City staff and key project stakeholders to establish objectives, track progress, identify risks review the draft plan at the conclusion of each phase and obtain public comment and input into the plan. The consultant will provide a summary report indicating the most up to date status of all project deliverables, a monthly status report of all work completed to date, a decision log which identifies all critical project decisions and actions and quality control documentation. The PIM has specific deliverables including thirteen (13) technical memorandums, a risk register with mitigation strategies, a capital plan, a phasing plan, interim operations schedule, stakeholder management plan and implementation plan and schedule. This project is scheduled for completion within 210 calendar days. Stantec Consulting Services, Inc. was chosen for this project through a two-phase Request for Qualifications (RFQ) to select the Most Qualified consultant for the Wastewater Treatment Plant Consolidation Program Development project. This RFQ was issued in June 2015. For Phase 1 of the RFQ, seven proposals were received and evaluated with five shortlisted to proceed to RFQ Phase 2 of Presentation and Interview. Stantec Consulting Services, Inc. was determined as the Most Qualified consultant by the Selection Committee after RFQ Phase 2 of Presentation and Interview. ALTERNATIVES: 1. Authorize the execution of the engineering contract. 2. Do not authorize the execution of the engineering contract. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Oaeratin ❑ Revenue ®Capital ❑ Not aaalicable Fiscal Year 2015-2016 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget 1,500,000 1,500,000 Encumbered / Expended Amount This Item 1,427,186 1,427,186 Future Anticipated Expenditures This Project 72,814 72,814 BALANCE 0.00 0.00 Fund(s): Wastewater CIP #21 Comments: This project requires approximately 210 calendar days with anticipated completion in August 2016. The amendment will result in the expenditure of an amount not to exceed $1,427,186. RECOMMENDATION: City Staff recommends approval of the professional services contract with Stantec Consulting Services, Inc. of San Antonio, Texas in the amount of $1,427,186 for the Wastewater Treatment Plant Consolidation Program Development. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET WASTEWATER TREATMENT PLANT CONSOLIDATION PROGRAM DEVELOPMENT FUNDS AVAILABLE: Wastewater CIP $1,500,000 FUNDS REQUIRED: Engineer Fees: Engineer (Stantec Consulting) $1,427,186 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) $18,750 Engineering Services (Project Mgmt) $46,564 Misc $7,500 TOTAL $1,500,000 PROJECT BUDGET BALANCE $0 Allison • (5.0 MGD) • Broadway (6.0 MGD) Greenwood (8.0 MGD) Os (16.2 M ■ Laguna Madre • (3.0 MGD) Whitecap (2.5MGD) ■ LOCATION MAP NOT TO SCALE ROJECT: E15145 Wastewater Treatment Plant Consolidation Program Development CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES Wastewater Treatment Plant Consolidation Program Development (E15145) 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) and Stantec Consulting Services Inc., a NewYork corporation, 1344 South Flores Street, San Antonio, Texas 78204 (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES 2 ARTICLE II QUALITY CONTROL PLAN 2 ARTICLE III COMPENSATION 3 ARTICLE IV TIMEANDPERIODOFSERVICE 4 ARTICLE V CONSTRUCTION ESTIMATE 5 ARTICLE VI INSURANCE REQUIREMENTS 5 ARTICLE VII INDEMNIFICATION 7 ARTICLE VIII TERMINATION OF AGREEMENT 8 ARTICLE IX RIGHTOFREVIEWANDAUDIT 8 ARTICLE X OWNER REMEDIES 8 ARTICLE XI CONSULTANT REMEDIES 9 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION 9 ARTICLE XIII MISCELLANEOUS PROVISIONS 10 EXHIBIT A SCOPE OF SERVICES EXHIBIT A-1 TASK LIST EXHIBIT B SAMPLE PAYMENT REQUEST FORM EXHIBIT B-1 CONFIDENTIAL RATE SHEET EXHIBIT C DISCLOSURE OF INTEREST K:\ENGINEERING DATAEXCHANGE\JENNIFER\FORMS NEW\2015-1001 CONTRACT PROFESSIONAL SERVICES.DOC Page 1 Rev. 10/13/15 ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence. 1.2 Consultant shall comply with City standards, as specified in the UDC or Code of Ordinances, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. 1.3 Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts. The Consultant will serve as the City's Designer and will consult and advise the City during the performance of the Consultant's services. The Consultant shall report to the City's designated Project Manager. 1.4 Consultant shall provide all labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Additionally, Consultant shall provide staff - - - - - - - - - - - - - _ Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. 1.5 Consultant shall not begin work on any Task Order authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.6 Consultant, in consideration for the compensation described in Article III, shall render the professional services necessary for the advancement of the Project to Completion. 1.7 Consultant will provide monthly status updates (project progress or delays and gantt charts) presented with each monthly invoice. 1.8 Consultant 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. ARTICLE II — QUALITY CONTROL PLAN 2.1 The Consultant agrees to perform quality assurance -quality control/constructability reviews (QCP Review). In the event that the City retains a separate consultant to perform additional QCP services for the City, the Consultant will provide all necessary information to the City, address any comments from the City's consultant and provide resolution to the City's satisfaction. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy accepted quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project scope and Construction Estimate as needed. Documentation will be included that verifies interdisciplinary coordination has occurred. 2.3 The Consultant will perform constructability reviews, using persons with construction experience, at appropriate intervals during the Project to ensure that the Project is buildable, as well as cost-effective, biddable and maintainable. Based on the findings of the constructability reviews, the Consultant will finalize the Project deliverables, as required, and provide updated construction estimates. K:\ENGINEERING DATAEXCHANGE\JENNIFER\FORMS NEW\2015-1001 CONTRACT PROFESSIONAL SERVICES.DOC Page 2 Rev. 10/13/15 2.4 Consultant is responsible for the accuracy and competency of its QCP reviews and final deliverables. ARTICLE III — COMPENSATION 3.1 The Compensation for all services included in this Agreement and in the Scope of Services for this Agreement shall not exceed $1,427,186. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Exhibit A, and for all expenses incurred in performing these services. 3.2 The Consultant agrees to complete the phases of services in accordance with the approved project schedule and budget. Work will not begin on any phase or any Additional Service until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 3.3 All services shall be performed and the applicable standard of professional care set forth in section 13.4 herein and to City's satisfaction, which satisfaction shall be judged by the Director in his/her sole discretion. City shall not be liable for any payment under this Agreement for services that are unsatisfactory and/or have not been previously approved by the Director. 3.4 The Director may direct the Consultant 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. Consultant shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. For services provided, Consultant will submit monthly statements for services rendered. The statement will be based upon Consultant'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 Consultant's monthly statements. 3.6 Consultant warrants that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further warrants that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDERTHE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.7 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.8 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.8.1 delays in the performance of Consultant's work; 3.8.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.8.3 reasonable evidence that Consultant's work cannot be completed for the amount unpaid under this Agreement; 3.8.4 damage to City; or K:\ENGINEERING DATAEXCHANGE\JENNIFER\FORMS NEW\2015-1001 CONTRACT PROFESSIONAL SERVICES.DOC Page 3 Rev. 10/13/15 3.8.5 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.9 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within a reasonable time. City shall not be deemed in default by reason of withholding compensation as provided for in this Article III. 3.10 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 3.11 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.12 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. 3.13 Applicable to Time & Materials Contracts 3.13.1 Consultant shall complete EXHIBIT B-1 and include in proposal. Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. 3.13.2 Consultant shall submit documentation with the monthly invoice that shows who worked on the Project, the number of hours that each individual worked on the Project and reimbursables for that individual. 3.13.3 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals acting in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with each payment request that clearly indicates how that individual's time is allocated and the justification for that allocation. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 The term of this Agreement shall commence upon its approval execution by both the City and Consultant. 4.2 The Consultant agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.3 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations for the services under Article I herein in a prompt and continuous manner, so as to not delay the development of services or the construction of the work for the Project, in accordance with the schedules approved by City. City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the Project. 4.4 This Agreement shall remain in force for a period which may reasonably be required for the completion of Page 4 Rev. 10/13/15 K:\ENGINEERING DATAEXCHANGE\JENNIFER\FORMS NEW\2015-1001 CONTRACT PROFESSIONAL SERVICES.DOC the Project, including any extra work and any required extensions thereto, unless terminated as provided for in Article VIII of this Agreement. ARTICLE V — CONSTRUCTION ESTIMATE 5.1 The Construction Estimate (Estimate) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The Estimate does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this agreement 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. 6.2 Consultant must furnish to the Director of Engineering Services with the signed agreement 2 copies of Certificates of Insurance (001) 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 COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements 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 $1,000,000 Combined Single Limit 2. Hired and Non -Owned 3. Rented/Leased K:\ENGINEERING DATAEXCHANGE\JENNIFER\FORMS NEW\2015-1001 CONTRACT PROFESSIONAL SERVICES.DOC Page 5 Rev. 10/13/15 PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) $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' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000 /$500,000 /$500,000 6.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 6.4 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. 6.5 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. Consultant is required to provide City with renewal Certificates. 6.6 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 the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 6.7 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: 6.7.1 List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; 6.7.2 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; K:\ENGINEERING DATAEXCHANGE\JENNIFER\FORMS NEW\2015-1001 CONTRACT PROFESSIONAL SERVICES.DOC Page 6 Rev. 10/13/15 6.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 6.7.4 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 6.8 Within five (5) calendar days of a suspension, cancellation, or non -renewal 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. 6.9 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 remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 6.10 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 agreement. 6.11 It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 6.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 6.13 Applicable to Contracts Less than $50.000 - Insurance not required; however, if contract is amended to exceed $50,000, the above insurance requirements must be met. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless 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, to the extent that the damage is caused by or results 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 or its employees, to the extent of such negligence. If the liability results solely from the negligent acts or omissions of the Consultant, the Consultant shall also defend the Indemnitee with counsel satisfactory to the City Attorney. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by the City, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. K:\ENGINEERING DATAEXCHANGE\JENNIFER\FORMS NEW\2015-1001 CONTRACT PROFESSIONAL SERVICES.DOC Page 7 Rev. 10/13/15 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. ARTICLE VIII —TERMINATION OF AGREEMENT 8.1 The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the Consultant at the address of record. 8.2 In this event, the Consultant will be compensated for its services on all stages authorized based upon Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. ARTICLE IX— RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 "Consultant's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and any and all other agreements, sources of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's records only during City's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's records, Consultant's facilities and Consultant's current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X — OWNER REMEDIES 10.1 The City and Consultant agree that in the event of a delay in completion for which the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. Conditions under which City may seek other damages include, but are not limited to: 10.1.1 Failure of the Consultant to meet contractural obligations, which failure includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the applicable laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. K:\ENGINEERING DATAEXCHANGE\JENNIFER\FORMS NEW\2015-1001 CONTRACT PROFESSIONAL SERVICES.DOC Page 8 Rev. 10/13/15 10.1.3 Losses are incurred because of errors and omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and omissions in the documents. defect 10.2 Pursuant to Article VI, the City may assert a claim against the Consultant's professional liability insurance as appropriate when other remedies are not available or offered for design deficiencies discovered during and after Project construction. 10.3 When the City incurs non -value added work costs for change orders due to design errors or omissions, the City will send the Consultant a certified Cost Recovery Claim letter that includes (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non -value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI — CONSULTANT REMEDIES 11.1 Consultant shall not be liable or responsible for any delays due to strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's reasonable control. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Alternative Dispute Resolution. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed K:\ENGINEERING DATAEXCHANGE\JENNIFER\FORMS NEW\2015-1001 CONTRACT PROFESSIONAL SERVICES.DOC Page 9 Rev. 10/13/15 diligently with performance of the Agreement and City shall continue to make payments in accordance with this Agreement. 12.2 Alternative Dispute Resolution 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation or any other alternative dispute resolution (ADR) process set forth herein, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of any other ADR process. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation ADR process contained herein. 12.2.3 Mediation 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article XII shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for any mediation or lawsuit arising under this Agreement shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Use of Local Expertise/ Local Professional Participation. The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. 13.2 Assignability. The Consultant 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 Consultant staff. If the Consultant 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 Consultant fee may be assigned in advance of receipt by the Consultant 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. K:\ENGINEERING DATAEXCHANGE\JENNIFER\FORMS NEW\2015-1001 CONTRACT PROFESSIONAL SERVICES.DOC Page 10 Rev. 10/13/15 13.3 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 upon full payment of all monies owed to the Consultant and may not be used again by the Consultant without the express written consent of the Director of Engineering Services. However, the Consultant 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. 13.4 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.5 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.7 Disclosure of Interest. Consultant agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. 13.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.comlgovernment/city-secretary/conflict-disclosure/index. 13.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 13.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI STANTEC CONST ING SERVIS, INC. J.H. Edmonds, P.E. Date ob Simm, Ph.D., P.E. Director of Engineering Services Vice President 8211 South 48th Street Phoenix, AZ 85044-5355 (602) 707-9438 Office (602) 431-9562 Fax K:%ENGINEERING OATAEXCHANGELIENNIFER'FORMS NE\M2015-1001 CONTRACT PROFESSIONAL SERV CES.00C Date Page 11 Rev. 10/13/15 RECOMMENDED Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date APPROVED Office of Management Date and Budget ATTEST City Secretary Project Number: E15145 Accounting Unit: 4256-064 Account: 550950 Activity: E15145014256EXP Account Category: 50950 Fund Name: Wastewater CIP 2016 K:\ENGINEERING DATAEXCHANGE\JENNIFER\FORMS NEW\2015-1001 CONTRACT PROFESSIONAL SERVICES.DOC Page 12 Rev. 10/13/15 EXHIBIT A SCOPE OF SERVICES Contract for Professional Services Exhibit A Project Implementation Manual (Revision 1) Wastewater Treatment Plant Consolidation Program Development Stantec Prepared for: City of Corpus Christi Prepared by: Robert Simm October 19, 2015 Revision Record Revision Description Prepared By Checked By Approved By 0 Draft RS 1 October 18, 2015 RS City of Corpus Christ Wastewater Treatment Consolidation Program Project Implementation Manual Sign -off Sheet This document, entitled Project Implementation Manual was prepared by Stantec Consulting Services Inc. (Stantec) for the account of City of Corpus Christi (Client). Any reliance on this document by any third party is strictly prohibited. The material in it reflects Stantec's professional judgment in light of the scope, schedule, and other limitations stated in the document and contract between Stantec and the Client. The opinions in the document are based on conditions and information existing at the time the document was published and do not take into account any subsequent changes. In preparing the document, Stantec did not verify information supplied to it by others. Any use where a third party makes of this document is the responsibility of such third party. Such third party agrees that Stantec shall not be responsible for costs or damages of any kind, if any, suffered by it or any other third party as a result of decisions made or actions taken based on this document. Prepared by Robert Simm Reviewed by Guy Le Patourel (signature) (signature) City of Corpus Christ Wastewater Treatment Consolidation Program Project Implementation Manual Table of Contents 1.0 INTRODUCTION 1 1.1 PROJECT IMPLEMENTATION MANUAL 1 1.2 PROJECT DESCRIPTION 1 1.3 PROJECT OBJECTIVE 2 1.4 PROJECT TEAM 2 2.0 PROJECT ORGANIZATION 3 2.1 PROJECT ORGANIZATION 3 2.2 PROJECT TEAM MEMBERS - ROLES AND RESPONSIBILITIES 3 3.0 COMMUNICATION 5 3.1 GENERAL 5 3.2 COMMUNICATION STRUCTURE 5 3.3 RECOGNIZED COMMUNICATIONS 5 3.4 DIRECTING CORRESPONDENCE 5 3.5 CORRESPONDENCE WITH REGULATORY AGENCIES 5 3.6 RECORDING PHONE CALLS 6 3.7 MEETINGS AND MINUTES 6 3.8 APPROVAL PROCEDURES 8 3.9 REPORTS (GENERAL) 8 3.10 EXTERNAL COMMUNICATIONS 9 3.11 PROJECT WEB SITE 9 3.12 PROJECT CONTACT LIST 9 4.0 PROJECT WORK PLAN 10 4.1 GENERAL 10 4.2 PROJECT MANAGEMENT 10 4.3 TECHNICAL DELIVERABLES 13 5.0 PROJECT COST MANAGEMENT 16 5.1 GENERAL 16 5.2 PROJECT BUDGET 16 5.3 PROJECT COST PLAN 16 5.4 SCOPE REVISIONS/ENHANCEMENTS 16 5.5 MONITORING AND CONTROL 17 5.6 REPORTING 17 6.0 PROJECT SCHEDULE 18 6.1 GENERAL 18 6.2 BASELINE PROJECT SCHEDULE 18 6.3 MONITORING AND CONTROL 18 6.4 SCHEDULE OVERVIEWS 18 Stantec City of Corpus Christ Wastewater Treatment Consolidation Program Project Implementation Manual 7.0 DOCUMENT STANDARDS AND PROCEDURES 20 7.1 GENERAL 20 7.2 DRAWING STANDARDS 20 8.0 QUALITY PLAN 21 8.1 GENERAL 21 8.2 RESPONSIBILITIES 21 8.3 PRODUCT CONTROL 22 8.4 AUDITS 23 9.0 ADMINISTRATION 24 9.1 GENERAL 24 9.2 CONFIDENTIALITY 24 9.3 PROJECT FILES 24 9.4 CONTRACTS 24 9.5 CORRESPONDENCE 25 9.6 PROJECT STATUS REPORTING 25 9.7 MEETING AND MINUTES 25 9.8 PAYMENT PROCEDURES 25 LIST OF TABLES Table 1.1 - Summary of Existing Wastewater Treatment Plants 1 Table 1.2 - Project Team 2 Table 2.1 - Project Team Roles and Responsibilities 3 Table 2.2 - Project Roles and Responsibilities 4 Table 3.1 - Tentative Meeting Schedule 7 Table 3.2 - Approvals Milestones 8 Table 4.1 - Project Management Reports 11 Table 4.2 - Summary of Proposed Technical Deliverables 13 Table 5.1 - Engineering Fee Estimate Summary 16 Table 6.1 - Key Project Deliverable Dates 19 Table 8.1 - Team Roles and Responsibilities for Implementing Quality Plan 22 LIST OF APPENDICES • Appendix A - Wastewater Treatment Plant Service Area Map • Appendix B- Lift Station Location Map • Appendix C - Project Organizational Chart • Appendix D - Project Contact List • Appendix E Work Task Breakdown ands Fee E€t mat • Appendix F - Preliminary Project Schedule • Appendix G - Scope Change Form • Appendix H - Example Financial Report • Appendix I - Professional Services Contract Stantec PROJECT IMPLEMENTATION MANUAL 1.0 INTRODUCTION October 19, 2015 1.0 INTRODUCTION 1.1 PROJECT IMPLEMENTATION MANUAL A Project Implementation Manual (PIM) is a unique standalone document describing the business systems and processes required to implement a particular project. The plan is developed from the understanding of the procedures and deliverables required for the project. The PIM is to be used as a basis for communication between the Project Team and City personnel for the duration of the project. A project implementation plan will use the client's systems, Stantec's systems, or a combination of both. Should the plan not specifically address a particular issue on the project, it is assumed that the standards in place for Stantec will be used. The plan is used as a tool for communicating the City's needs with the Stantec Team. It is a record of what is agreed to be done, and forms the basis for the control of all subsequent activities. 1.2 PROJECT DESCRIPTION The City's Wastewater Department operates and maintains the wastewater collection and treatment systems, and also provides for disposal of biosolids and the delivery of effluent for reuse. The Wastewater Department is currently responsible for the City's collection system infrastructure, which consists of 1,282 miles of wastewater lines, 109 miles of force mains, and 100 lift stations. Treatment facilities include 6 wastewater treatment plants, with a total rated daily treatment capacity of 42.7 million gallons per day. The resulting effluent is discharged to a receiving watercourse or reused for landscape irrigation. The six wastewater treatment facilities are strategically located throughout the City. The Wastewater Service Area Map reflects the various zones created in the City's infrastructure that allows the wastewater to flow to any of the six plants. The service area is indicated in the service area map enclosed in Appendix A. The details for each of the six wastewater treatment plants are summarized in Table 1.1 below. Table 1.1 - Summary of Existing Wastewater Treatment Plants Plant Initial Operation Capacity (MGD) Allison WWTP 1966 5.0 PI di Broadway WWTP 1938 8.0 Ni Greenwood WWTP 1959 8.0 0 al Laguna Madre WWTP 1971 3.0 A( Oso WWTP 1941 16.2 A( st( A( Whitecap WWTP 1971 2.5 TOTALS 42.7 Treatment Process Staffing g flow activated sludge with sludge gestion 10 staff w plant is activated sludge with UV nventional activated sludge with aerobic digestion tivated sludge with aerobic digestion tivated sludge operated in contact bilization mode with aerobic digestion tivated sludge process 12 staff 10 staff 8 staff 16 staff 5 staff 61 staff Stantec PROJECT IMPLEMENTATION MANUAL 1.0 INTRODUCTION October 19, 2015 The Wastewater Department's major maintenance activity is the operation and maintenance of 100 lift stations (refer to the lift station map enclosed in Appendix B). Lift stations are designed to pump wastewater from lower to higher elevations for the purpose of providing a continuous flow through the grid of underground wastewater lines. Each lift station connects to high density polyethylene (HPDE) or PVC force main piping that leads to the next lift station and eventually empties to one of the six wastewater treatment plants. The lift stations are operated and maintained using a staff of 34. Improvement and expansion costs for the wastewater system continue to mount due to the systems age and changes to discharge requirements imposed by the Texas Commission of Environmental Quality (TCEQ). The projected continuous growth of the City is expected to require construction of expansions at several of the plants in the next 5 to 10 years. Wastewater Department staff have recommended that, with the exception of the Broadway Wastewater Treatment Plant, all of wastewater treatment plants be consolidated as soon as possible. This consolidation will result in operations and maintenance cost savings and the ability to use treated wastewater effluent as a non -potable water supply on a more comprehensive basis. This would include the industrial/port, recreational, and environmentally sensitive areas during periods of drought. 1.3 PROJECT OBJECTIVE The primary objective of this project is to determine the optimal long-range wastewater treatment plant consolidation plan and supporting trunk sewer/pumping scenario. The optimal plan will minimize the impact to rate payers from recommended improvements. An implementation plan will be developed based upon the optimal strategy. 1.4 PROJECT TEAM The project team consists of supporting members of various groups. They represent their organizations with a common goal of project success. The core members of the project team are summarized in Table 1.2. Table 1.2 - Project Team Team Member Relationship City of Corpus Christi Stantec Consulting LNV Bath Engineering Tischler Bise Kailo Communications CRG Engineering Client Prime Consultant Subconsultant to Stantec Subconsultant to Stantec Subconsultant to Stantec Subconsultant to Stantec Subconsultant to Stantec End of Section 1.0 Stantec 2 PROJECT IMPLEMENTATION MANUAL 2.0 Project Organization October 19, 2015 .+ PRQJEL1 ORGANIZATION 2.1 PROJECT ORGANIZATION The project team consists of numerous stakeholder organizations working together to meet the common goals of the project. Active communication is the key ingredient to expediting project information between the various stakeholders, but requires a clear understanding of formal channels to be followed to ensure the information is appropriately accepted and acted upon. The project organizational chart together with roles and responsibilities of key members of each stakeholder organization is enclosed as Appendix C. It is important to understand the overall management of the project falls under the leadership of the City's Project Manager. The assigned City Project Manager for the study, Mr. Brian Butscher, must be made fully aware, at all times, of communications that will affect the scope, budget, and schedule of the project. All communications to Mr. Butscher will go through the overall Consultant Project Manager from Stantec, Mr. Robert Simm. Mr. Butscher will report to a City Steering Committee consisting of Senior City Staff. The Project Steering Committee members will include Mark Van Vleck, Jeff Edmonds, Gus Gonzalez, and Ron Olson. The City and Stantec Project Managers will meet with the Steering Committee on a regular basis to review project progress and receive overall direction on the project All Stantec and subconsultant staff are advised that when formal decisions are required with respect to directions, approvals, and/or actions, they must be communicated through and receive the appropriate direction from the Stantec Project Manager. Stantec's primary contact is Mr. Robert Simm and all internal communications on this project must go through him. The communications plan for the project is presented in Section 3.0. 2.2 PROJECT TEAM MEMBERS - ROLES AND RESPONSIBILITIES The roles and responsibilities of each of the project team members are summarized in Table 2.1. Table 2.1 - Project Team Roles and Responsibilities Team Member 1 City of Corpus Christi Stantec Consulting LNV Bath Engineering Tischler Bise Kailo Communications CRG Engineering Role Project developer; oversee overall project direction, operations, and maintenance of existing wastewater system Project manager and program management; evaluation of conveyance alternatives, advanced treatment alternatives, operational strategies, alternative project delivery models, and reuse/product water opportunities Facility evaluation and treatment alternatives, evaluation of conveyance alternatives, hydraulic modeling of scenarios, local regulatory compliance, and cost estimation Facility map evaluations and alternatives, cost estimation Rate impact studies, assessment of funding capacity, alternative financing opportunities Public and stakeholder workshops, project website Hydraulic modeling of scenarios Stantec 3 PROJECT IMPLEMENTATION MANUAL 2.0 Project Organization October 19, 2015 The project is scheduled to be completed by early August 2016 assuming a project start date of January 11, 2016. The key project personnel, associated roles, and responsibilities are presented in Table 2.2 below. The list will be updated only in cases of employment termination. It is noted here that no project team member is to be replaced without the prior written approval of the City's Project Manager. A detailed project contact list for all stakeholders is enclosed as Appendix D. Table 2.2 - Project Roles and Responsibilities Team Member Role Contact Information Responsibilities Robert Simm Consultant • Stantec Consulting • Ensure team has adequate (Local) Team Project Manager 801 Navigation Street, Suite 300 • resources. Prime contact with City. • Corpus Christi, TX 78408 Ph: (361) 883-1984 • Responsible for overall study coordination. • • Cell: (602) 421-9395 rob.simm@stantec.com • Oversee project and ensure work plan objectives are completed on time. • Budget and schedule control and invoicing. Bob Campbell O&M • Stantec Consulting • Lead physical condition (Local for field Evaluation 1859 Bowles Ave, Suite 250 surveys and O&M evaluations work associated Lead Fenton, MO 63026 of treatment plants and key lift with O&M • Ph: (636) 343-3880 stations. evaluations) • • Cell: (314) 313-1750 bob.campbell2@stantec.com • Primary author of technical memoranda numbers 5, 6, and 10, and the interim operations plan. Guy Le Patourel Infrastructure Evaluation • Stantec Consulting 5172 Station Way • Lead all infrastructure evaluations. Lead • • • Sarasota, FL 34233 Ph:(941)-225-6174 Cell: (941)-735-7797 guy.lepatourel@stantec.com • Lead the development and evaluations of alternatives for the wastewater consolidation. Carson Bise Financial Lead • Tischler-Bice 4701 Sangamore Road • Lead the user rate assessment and affordability analysis. Bethesda, MD 20816 • Ph: (301)-320-6900 • • Cell: (240)-401-4031 carson@tischlerbise.com Dan Regulatory • LNV Engineering Inc. • Oversee consultant contacts Leyendecker and Governmental 801 Navigation Street, Suite 300 Corpus Christi, TX 78408 with state regulators and governmental officials. Liaison • Ph: (361) 883-1984 • • Cell: (361) 960-2279 danl@Invinc.com Logan Burton Sewer System Evaluation • LNV Engineering Inc. 801 Navigation Street, Suite 300 • Lead evaluation of existing wastewater collection system. Corpus Christi, TX 78408 • Ph: (361866-2121 • CeII: (361) 876-0673 • Ioganb@Invinc.com End of Section 2.0 Stantec 4 PROJECT IMPLEMENTATION MANUAL 3.0 Communication October 19, 2015 3.0 COMMUNICATION 3.1 GENERAL Proper communication is vital to the success of the project. Project communications are the process by which information is exchanged resulting in action; therefore, it is very important that communication processes are clearly understood and followed. This will ensure information is relayed and acted upon appropriately and effectively. The manner in which items are communicated will have a major impact on the project's outcome. Communications can be: • Written formal • Written informal • Oral formal • Oral informal 3.2 COMMUNICATION STRUCTURE All project communications requiring formal action, approvals, direction, etc. that will have an impact in any way on the project scope, budget, or schedule, must be communicated through the Stantec Project Manager. All communications with the City must go through the City Project Manager, Brian Butscher. It is essential that all lines of communication not be violated. 3.3 RECOGNIZED COMMUNICATIONS Only written correspondence will serve as recognized communication for this project. While verbal communication is necessary, it will not serve as a conveyance of operating direction or functional authority, approval, or notification of action. Written correspondence shall consist of letters, transmittals, faxes, emails, and minutes of meetings where actions are clearly delineated, as well as written confirmation of telephone conversations. 3.4 DIRECTING CORRESPONDENCE All written correspondence with the study team shall be directed to the Stantec Project Manager, Robert Simm, or the individual as designated in writing for particular aspects of the project. All written communications with the City shall be directed through the City Project Manager, Mr. Brian Butscher. 3.5 CORRESPONDENCE WITH REGULATORY AGENCIES All study team correspondence and communications with regulatory agencies must have prior approval from the City Project Manager or his designate. The team will contact regulatory and approvals agencies to confirm design guidelines and regulatory requirements only after clearance from the City and Stantec Project Manager. Records must be kept of all communications with regulatory agencies, and these are to be forwarded to both the Stantec and City Project Managers for distribution to the appropriate project team members. CP,oi Stantec 5 PROJECT IMPLEMENTATION MANUAL 3.0 Communication October 19, 2015 3.6 RECORDING PHONE CALLS Phone calls are made to expedite the flow of information, clarify written instructions or information, arrange meetings, and other similar reasons. Any phone call that clarifies instructions or information or contains approvals or directions shall be confirmed in writing by the originator of the call. Copies of the written confirmation shall be sent to the person phoned, as well as both of the Stantec and City Project Managers. Internal communications only need to be forwarded to the Stantec Project Manager. As indicated in Section 3.3, both emails and faxes are an acceptable form of communication and can be used as the medium to confirm verbal instructions/directives and approvals. 3.7 MEETINGS AND MINUTES The purpose of project meetings is to bring project issues requiring action to a group of individuals in an effort to establish requirements, directions, solutions, advice, and knowledge with respect to the project needs and activities. A tentative meeting schedule has been established for the project based upon the project requirements. Each meeting will be controlled by the chair, who will identify its purpose, including the protocol around authority, responsibilities, distribution, etc. These requirements will be communicated through formal meeting recordings (meeting minutes). Meetings will be held via conference call as/when appropriate. The tentative project meeting schedule for upcoming meetings is summarized as Table 3.1 on the following page. All other meetings are identified in the detailed Project Schedule. Meeting minutes are essential to providing information, action requests, and directions to various groups and project team members. Formal processes are required to ensure that appropriate information is provided efficiently, effectively, accurately, and in a timely manner for those involved to participate. In general all meetings must follow the following processes and procedures: • An agenda must be prepared and sent out five working days prior to the meeting identifying meeting participants, location, time, and purpose. • Meetings must be brought to order at the scheduled time and kept to the purpose at hand. • Agenda shall be reviewed and revised as appropriate and agreed, identifying new issues to be discussed. • Meeting to be chaired by the designated chair who shall control subject discussions and the group in general (dismiss all side meetings that arise). • All meeting minutes must contain action columns identifying action responsibilities and timelines. • Minutes must be accurately recorded, typed, and distributed within three working days following the meeting to allow for any misunderstandings or interpretations to be addressed prior to the next meeting. • All minutes must be reviewed, accepted, and signed by the chair prior to distribution. �1 Stantec 6 • Stantec Project Manager • Stantec Functional Team Leads (as required) • City Project Manager and Steering Committee • Key City staff (as required) • Stantec Risk Specialist • Stantec Project Manager • Stantec key functional team leads • City Project Manager • Key City staff (as required) • Constructability review tea m PROJECT IMPLEMENTATION MANUAL 3.0 Communication October 19, 2015 Table 3.1 - Tentative Meeting Schedule Meeting/Workshop Frequency Project Kick-off Meeting Project Progress Meetings Internal Coordination Meetings Informal Coordination Meetings with City Staff Project Partnering Workshop City Review Workshops Risk Management Workshop Stakeholder Engagement Sessions Once Biweekly (total 14) Weekly (total 28) As required 2 meetings (one at project start and one prior to starting Phase 2 of the project study) 3 meetings (one at the end of each study phase) 1 meeting (prior to completion of Phase 2) 3 meetings (one at the start, one to present options, and one to present the final plan) Purpose/Objective • Finalize proposed work plan and receive feedback from proposal evaluation process. • Establish clear and common understanding of project objectives, schedule, and lines of communication. • Introduce principal members of the City's and consultant's teams. • Review the consultant Project Manager's progress reports and status of the scope, schedule, budget, and any issues that may affect completion. • Coordination of functional team activities, resolution of technical issues, and identification of issues to be addressed with Cit staff. • Address project specific issues in a timely manner to facilitate schedule compliance. • Develop clear and concise definition of the project with roadmap to move project forward and define expectations and deliverables. • Develop understanding of project objectives among key project stakeholders. • Review the draft plan developed at each phase, review stakeholder comments, and reach consensus on path forward. • Review project risks and identify potential impact upon project success. • Identify and review various risk mitigation strategies. • Meeting with stakeholders group, including the public, developers, chamber of commerce, industry, city staff, and interest groups to review progress and obtain comment and input on the plan. Required Attendees • City Project Manager • Stantec Project Manager • Key Team and City staff as required • City Project Manager and City Steering Committee • Stantec Project Manager • Stantec Project Manager • Functional Team Leads • City Project Manager • City Project Manager and Steering Committee (as required) • Stantec Project Manager • Key technical staff from Stantec & City as required • Key project stakeholders from the City • Stantec • Key regulatory staff • Other consultants (as required) • Stantec Project Manager • Stantec Key Technical Staff • City Project Manager and key staff • Key stakeholder groups obi Stantec 7 PROJECT IMPLEMENTATION MANUAL 3.0 Communication October 19, 2015 3.8 APPROVAL PROCEDURES As the project moves through its various phases from inception to completion, milestone approvals will be required within each of the work phases prior to moving to the next. Each work phase may contain one or several processes requiring different levels of authorization to proceed. A listing of important upcoming project approval milestones is listed in Table 3.2 below. A complete list is included with the enclosed project schedule. Where authorized approvals are required, a formal sign -off document will be circulated and distributed to the appropriate parties at the City for action. Table 3.2 - Approvals Milestones Milestone Due Date Formal Notice to Proceed (NTP) Affordability Analysis (Technical Memorandum No. 1) Flow and Load Projections (Technical Memorandum No. 2) Date for First Stakeholders Meeting Preliminary Siting Study for Central Plant (Technical Memorandum No. 11) Date for Second Stakeholders Meeting Draft Capital Improvement Plan Draft Implementation Plan January 1, 2016 February 25, 2016 February 3, 2016 February 1, 2016 March 11, 2016 February 22, 2016 May 2, 2016 August 5, 2016 Rationale/Importance Need City approval to commence work. User rate target will govern the supportable capital program and the options for consolidation. Flow and loading projections will drive the size of future facilities and the associated costs. The first stakeholder's meeting is tentatively set for January 20, 2016. We are assuming one month's lead time is required to notify the public about the meeting. Need concurrence on the sites being considered for the central plant facility to advance project. The second stakeholder's meeting is tentatively set for February 9, 2016. We are assuming one month's lead time is required to notify the public about the meeting. Need comments on the draft plan to finalize the project. Need comments on draft implementation plan to finalize the project. Approvals Required City Project Manager Project Steering Committee and Council Project Steering Committee and Council Project Steering Committee and Council Project Steering Committee and Council Project Steering Committee and Council Project Steering Committee Project Steering Committee 3.9 REPORTS (GENERAL) Communications through reports is one of the major tools used to not only obtain required milestone approvals, but also relay important project status to project team members. Reports will assist in scheduling of future actions and activities of the project team and outside organizations having an influence on the project's function, use, and success. obi Sta me c 8 PROJECT IMPLEMENTATION MANUAL 3.0 Communication October 19, 2015 A listing of project reports is provided in Section 4.0. All consultant reports are communicated through the Stantec Project Manager for acceptance and distribution. 3.10 EXTERNAL COMMUNICATIONS The Stantec Project Manager is responsible for the preparation and communications plan and process with external stakeholders, communities, and media during the project. Mr. Simm will act as the first point of contact and spokesman for all project related issues. 3.11 PROJECT WEB SITE Stantec will develop a project Buzzsaw site to facilitate the timely exchange of data and information pertaining to the project. All project team members are required to use this tool for the duration of the project. The Buzzsaw site address will be provided to all project team members three days after receipt of the project Notice to Proceed. Key project team members will be assigned a user name and password to access this site. Stantec will post all reports, drawings, and specifications on the Buzzsaw site for review by both City and consultant team members. The information on the Buzzsaw site will be filed according to the file index presented in Section 9.0. Stantec will construct and maintain a project website for the duration of the project. The project website will be used as a communications tool to communicate with the public at large on project background, information, and progress. The project website will be up and running within two weeks of receiving the project Notice to Proceed. 3.12 PROJECT CONTACT LIST The project contact list includes the names of all the project participants and company they represent with telephone, fax, and cell numbers and email addresses. The project contact list will be updated on a regular basis. Please refer to Appendix D - Project Contact List (List to be developed prior to project commencement). End of Section 3.0 �1 Stantec 9 PROJECT IMPLEMENTATION MANUAL 4.0 Project Work Plan October 19, 2015 4.0 PROJECT WORK PLAN 4.1 GENERAL The project requires a clear understanding of the project objectives, and a defined procedure to reach those objectives. A disciplined approach to the work scope constrained by the available budget and schedule to complete the required work in a logical manner requires a thought out approach for each phase of the work to be completed. The proposed project scope is detailed in the text that follows. 4.2 PROJECT MANAGEMENT Project management is an important aspect of every major project. The project management will be conducted by Robert Simm. A work task breakdown is presented here, and this will be refined in consultation with the other project stakeholders. We will implement Earned Value (EV) reporting on all aspects of the project. Our basic approach to EV is to divide the project/contract into work tasks or activities, allocate the total budget to each task, establish target schedule for each task, allocate budget over schedule, establish a benchmark or spending target (budget cost of work scheduled), and calculate EV as budget cost of work schedule times actual progress. A copy of our proposed work plan tasks/activities and associated fee estimate is enclosed as Appendix E. Our team will also measure project performance using both cost performance and schedule performance indices calculated by measuring performance against initial spending targets, including the actual cost of work performed against the budgeted cost of work performed. We will then look for negative trends; review, analyze, and explain variations; and take corrective action as required. Stantec's project manager will work with the City to further develop the consensus project schedule, and use this for overall schedule control purposes. A master Level 2 Project Control Schedule (PCS) will be created based upon the critical path method (CPM). The PCS will integrate all activities and show those activities that are on the critical path. Once approved by the project team, the CPS will be frozen and used as a baseline schedule for progress measurement purposes. We will monitor the PCS on an ongoing basis and regularly provide a progress status report. We will analyze trends and evaluate the impact, if any, identifying schedule slippage through the regular review and monitoring process, ensuring action/recovery plans rectify any problem areas. All schedules will be developed using Microsoft Project. The baseline project schedule is provided in Appendix F. �1 Stantec 10 PROJECT IMPLEMENTATION MANUAL 4.0 Project Work Plan October 19, 2015 A document control system will be developed, incorporating an electronic document management system to ensure the control of all corporate, financial, program, and project - related documentation and communications. Documents will be registered, indexed for cross- referencing, placed in a secure storage area, and otherwise made available for rapid retrieval and inspection. Critical and/or confidential documents will be secured in an appropriate storage system and, where required for digital files, a suitable back up copy will be generated and stored off-site. Stantec has developed a Quality Plan (refer to Section 8.0) designed to make sure objectives are well defined and permit a project team performance assessment at the end of the project as part of the project close out activities. We have formed a Quality Assurance Control Team led by Mr. Reno Fiorante and composed of experienced senior engineers. The QA team will monitor overall project quality, develop comprehensive plans, implement changes as necessary to improve the quality of the product produced, and ensure all communications are properly recorded and all work files are kept up to date. Timely effective communications are critical to this projects overall success. Key team members must meet on a regular basis to ensure two way communications. A listing of required project meetings and proposed project workshops was summarized previously in Table 3.1. We will prepare and distribute all meeting minutes and workshop notes within three business days of the meetings completion. Stantec's project management team will prepare a multitude of project reports to keep the City and internal project team members informed and on track. A summary of the project reports to be completed during the projects duration is presented in Table 4.1 below. Table 4.1 - Project Management Reports Management Report Frequency Purpose/Objective Responsible Party Labor Distribution Report Deliverables Checklist Project Schedule (as part of monthly progress report) Stantec Weekly Bi -weekly Bi -weekly • Track engineering project costs on a weekly basis for internal cost control purposes (available to the City upon request). • Summary report indicating the most up to date status of all project deliverables, including future deliverables. • Will include agreed upon delivery dates (based upon the baseline schedule agreed to at the project start) and current delivery date. • Report on schedule compliance and provide look ahead schedule. Stantec Project Manager Stantec Project Manager and City Project Manager Stantec Project Manager 11 PROJECT IMPLEMENTATION MANUAL 4.0 Project Work Plan October 19, 2015 Management Report Frequency Purpose/Objective Responsible Party Monthly Progress Reports Project Invoices Action / Issue / Decision Log Project Implementation Manual Meeting Agenda and Information Package Quality Control Documentation Monthly • Report on work completed to date • Work schedule for upcoming month • Percent complete on a per task basis • Earned Value (EV) • Updated project action, issue, and decision log • Issues impacting project schedule or project cost and actual cost implications • Potential changes in scope of work • Status of the project budget • Status of the project schedule • Recovery plan for budget and schedule as required • Overall project budget and schedule completion in graphical format • Projection of monthly cash flow • Resource loaded schedule. Monthly Monthly • Invoice total for the month along with project earned value. • Identify all critical project decisions and actions/issues on a go -forward basis. Log will keep track of all critical decisions and issues. Ongoing Ongoing Ongoing • Refer to text below. • Provide agenda for upcoming meetings and associated background information. • Provide an audit trail of the internal QA/QC reports generated throughout the project. • Reports will include issues and resolution. Stantec Project Manager Stantec Project Manager Stantec Project Manager and Functional Team Leads Stantec Project Manager Stantec Project Manager Stantec Project Manager and QA/QC Lead The project management processes to be followed are incorporated into the PIM. Each component of the PIM is carefully monitored and observed, and deviations are addressed as they emerge. Stantec's Project Manager is responsible for monitoring the design teams' performance relative to the prescribed plan. This PIM contains project goals, objectives and assumptions, levels of authority and decision making, primary project constraints, communication protocols, detailed project scope, quality assurance goals, detailed listing of project deliverables, project schedule, list of key stakeholders noting their needs and concerns, internal cost management plan, roles and responsibilities of key participants, and internal risk management plan. This PIM is a dynamic document that will be updated on a regular basis as conditions and/or expectations change. Stantec 12 PROJECT IMPLEMENTATION MANUAL 4.0 Project Work Plan October 19, 2015 4.3 TECHNICAL DELIVERABLES The results of the studies and site investigations conducted for this project will be summarized in a series of technical memoranda (TM) and reports to expedite review and therefore project schedule. A summary of the proposed key technical deliverables to be produced for this study are presented as Table 4.2. Table 4.2 - Summary of Proposed Technical Deliverables Deliverable TM No. 1 - Wastewater System User Rate Review. TM No. 2 - Sewer Flow and Load Projection by Sewer Shed. TM No. 3 - Water Reuse Market Opportunities and Financial Benefit TM No. 4 -Review and Summary of Existing and Potential Regulatory Requirements. TM No. 5 - Physical Condition Survey of Wastewater Treatment Plants and Major Pumping Stations TM No. 5A - Review of Existing Collection System Hydraulics and Their impact on Site Selection. TM No. 6 - Wastewater Treatment Plant Benchmarking and Operations Assessment. TM No. 7 - Existing and Future Treatment Requirements Purpose/Objective • Review of planned infrastructure spending plans/CIP, review city and utility bonding capacity, estimate supportable construction spending, determine target user rate range in consultation with stakeholders. • Review of consolidated plan and development plans for individual sewer sheds. • Develop flow and load projections by sewer shed. • Confirm potential industrial and commercial reuse opportunities with city staff, conduct market sounding to confirm interest and requirements for reuse water, and meet with potential reuse customers and confirm interest and commercial requirements. • Review EPA proposals on treatment requirements, including ammonia, effluent virus, and CSO rules. • Review current discharge permits and identify potential upcoming changes. • Confirm treatment requirements for water reuse. • Review each plant and major pumping station operations with process, operations and discipline staff and document physical condition and CIP requirements to maintain operations. • Review existing collection system hydraulics and the associated potential impact on the location of a consolidated centralized wastewater treatment plant • Benchmark O&M costs of existing plants against other comparable systems in the state and country. • Provide suggestions to optimize operations and reduce costs. • Identify most likely treatment requirements for each of the current plants over the next 20 years and the associated capital and O&M costs. Responsible Party • Financial Team (lead by Carson Bise of Tischler Bise) • Infrastructure Evaluation Team (lead by Logan Burton of LNV). • Program Management Team (lead by Vijay Sundaram of Stantec). • Program Management Team (lead by Brian Sirbovan with support from Dan Leyendecker and Alan Vicory). • Operations Evaluation Team (lead by Bob Campbell with support from LNV and Bath Engineering discipline engineers). • Infrastructure Evaluation Team (lead by Logan Burton of LNV). • Operations Evaluation Team (lead by Bob Campbell with support from LNV and Bath Engineering discipline engineers). • Infrastructure Evaluation Team (lead by Josh Boltz) Stantec 13 PROJECT IMPLEMENTATION MANUAL 4.0 Project Work Plan October 19, 2015 Deliverable Purpose/Objective Responsible Party TM No. 8 - Biosolids Management Plan TM No. 9 - Odor Control Management Plan TM No. 10 - Capital and O&M Cost Estimates for the Status Quo Alternative TM No. 11 - Identification and Evaluation of Alternative Locations for Central WWTP. TM No. 12 - Evaluation of Short -Listed WWTP Consolidation Scenarios TM No. 13 - Project Delivery Approach Draft Capital Plan • Identify residuals generation in consultation with treatment specialist. • Identify potential uses and repository for treated biosolids. • Evaluate biosolids management options and recommend biosolds management approach. • Review historical odor complaints. • Review existing odor control management practices and evaluate efficacy. • Review odor control options and recommend odor control management approach. • Estimate expansion and upgrade requirements for existing infrastructure to meet current and proposed regulatory requirements. • Prepare capital and O&M cost estimates for upgraded and expanded infrastructure. • Review potential plant locations with city staff and prepare "short-list" of up to three locations, including scenarios for consolidation at more than one plant site • Infrastructure Evaluation Team (lead by Charlie Alix) • Infrastructure Evaluation Team (lead by Joe Uglevich) • Operations Evaluation Tea m/Infrastructure Evaluation Team (lead by Bob Campbell) • Project Management Team (lead by Robert Simm) • Review most likely decommissioning schedule and consolidation scenario for existing plants in consultation with city staff. Document potential opportunities to optimize the decommissioning schedule. • Review up to three potential consolidation scenarios and evaluate the capital and O&M cost associated with each based upon the identified optimal treatment requirements. • Review collection system, pumping station, and force main upgrading/expansion requirements for each of the three identified treatment facility scenarios. • Triple bottom line assessment of short listed consolidation scenarios. • Identify key contracting packages for overall program • Conduct business case analyses for each contracting package and identify the most appropriate delivery method for each. • Revisit potential decommissioning plan and evaluate alternatives for timing and approach. • Revisit potential options for collection system, pumping station, and forcemain routing and select optimal for each. • Identify contracting packages for identified capital works. • Prepare draft CIP. • Infrastructure Evaluation Team (lead by Guy Le Patourel) • Program Management Team (lead by Brian Sirbovan) • Project Management Team (lead by Robert Simm) Stantec 14 PROJECT IMPLEMENTATION MANUAL 4.0 Project Work Plan October 19, 2015 Deliverable Purpose/Objective Responsible Party Risk Register • • • Prepare risk register for project implementation Conduct risk management workshop with key city staff. Identify risk mitigation strategies. • Program Management Team (lead by Brian Sirbovan) Final Capital Plan • Update capital plan based upon comments and input received. • Project Management Team (lead by Robert Simm) Draft Phasing Plan • Develop draft phasing plan and cash flow projections. • Program Management Team (lead by Brian • Use cash flow projections to confirm user rates and potential increases with time. Sirbovan) with input from Financial Team • Identify required stakeholder engagement points. (lead by Carson Bise) Interim Operations • Develop plan for maintaining facilities • Operations Evaluation Plan operational and in compliance until they are phased out. Team (lead by Bob Campbell) • Develop transition management plan for redirecting flows from the existing WWTPs. Stakeholder • Identify key project stakeholders in • Program Management Management Plan consultation with City. Team (lead by Kailo • Develop plan to engage stakeholders in overall plan implementation. Communications) Final Phasing Plan • Finalize phasing plan based upon input received • Program Management Team (lead by Brian Sirbovan) Draft Implementation • Identify trigger factors for each construction • Program Management Plan and Schedule package and most likely timing for each. Team (lead by Brian • Identify negative and positive factors impacting each trigger factor and their potential impact on overall schedule. Sirbovan) • Prepare draft implementation schedules including a pessimistic, most likely, and optimistic schedule scenario. • Develop draft implementation plan based upon recommended contracting packages and associated implementation schedule. • Develop CIP and cash flow plans for each of the schedule scenarios. Final Implementation • Finalize implementation plan based upon • Program Management Plan city comments and input. Team (lead by Brian Sirbovan) End of Section 4.0 Stantec 15 PROJECT IMPLEMENTATION MANUAL 5.0 Project Cost Management October 19, 2015 5.0 PRQJECT COST MANAGEMENT 5.1 GENERAL Cost management is the process of controlling the approved project funding while at the same time ensuring that the other project objectives of scope, quality, and timelines are met. This process commences with identifying and matching anticipated costs with the intended scope during the establishment of the Work Breakdown Structure. 5.2 PROJECT BUDGET The Stantec fee for the scope of work described in the Work Plan is enclosed in Appendix E. The following are project phases and estimated man-hours to complete each. The reader is referred to the detailed fee estimate by task enclosed in Appendix E. Table 5.1 - Engineering Fee Estimate Summary Project Phase Description Task Number Total Person Fee ($) Hours (hours) Project Management Phase 1 Phase 2 Phase 3 Develop Optimal Wastewater System Configuration Develop Phasing Plan Development Implementation Plan 100 1,082 200 4,708 300 400 1,708 738 $243,658 $802,235 $263,515 $117,779 TOTAL 8,236 $1,427,186 1 5.3 PROJECT COST PLAN The City is negotiating a scope and budget for engineering services with Stantec. The engineering fee will be fixed based upon the negotiated scope and fee. 5.4 SCOPE REVISIONS/ENHANCEMENTS Scope revisions and/or enhancements outside the approved project scope will not be accepted without the prior written approval of the City Project Manager. Only revisions within the normal context of the project scope will be entertained as long as their inclusion does not affect the project cost or schedule, and has the prior approval of the Stantec Project Manager. Requested changes that will have an effect on scope, budget, or schedule will be received by the Stantec Project Manager, and only advance once agreement has been received as to how the affected change will be resolved within the approved project parameters. A scope change form must accompany all scope revisions and/or enhancements outside the approved project scope. A copy of the required scope change form is enclosed as Appendix G. Stantec 16 PROJECT IMPLEMENTATION MANUAL 5.0 Project Cost Management October 19, 2015 5.5 MONITORING AND CONTROL Project costs will be monitored closely throughout the duration of the project. The Stantec Project Manager will submit a project summary report with the billing to the City Project Manager on a monthly basis. The project summary report will include: • Percentage completion of each work scope task. • Summary of deliverables submitted over billing period. • Calculated invoice based upon completed deliverables. • Future anticipated costs. • Approved and pending changes to the work. • Project schedule relative to the baseline schedule. A copy of a typical financial report is enclosed in Appendix H. 5.6 REPORTING Cost reporting will be provided through the Stantec Project Manager. The Project Team, and in particular the Stantec Project Manager, will issue monthly reports containing detailed costing information. End of Section 5.0 �1 Stantec 17 PROJECT IMPLEMENTATION MANUAL 6.0 Project Schedule October 19, 2015 b.+U PRUJECT SCHEDULE 6.1 GENERAL The Project Schedule is provided to ensure that the project is carried out in a timely and orderly manner. The schedule shall be completed in contiguous phases indicating milestone dates for the completion of each pertinent phase of the work. The schedule shall form the basis of scheduled activities, such that it will assist in efficient time management for the project team, allows each stakeholder to schedule their project roles effectively, provide the appropriate project cash flow projections. The initiation of the project schedule together with regular monitoring will allow suitable adjustments to be made to future scheduled activities. This will assist in ensuring the project is completed on its intended scheduled completion date. The anticipated project completion date as of October 19, 2015 is August 10, 2016. This is based upon an assumed notice to proceed on or before January 4, 2016. 6.2 BASELINE PROJECT SCHEDULE The baseline project schedule is enclosed as Appendix F. As the project has been divided the activities noted above have been separated to allow for sequential phasing of the work. As the work progresses, the baseline schedule will be updated to include greater detail of the activities originally identified as and if required. 6.3 MONITORING AND CONTROL The Project Schedule shall always indicate the originally planned scheduled activities and progress to date (by separate schedule bars), allowing at a glance, an understanding as to where the project is with respect to the planned versus actual timing. The schedule shall be reviewed weekly by the Project Team. Weekly updates can be provided via email. The weekly look ahead shall consist of discussing and providing recommendations and resolutions to slippage's or excess float discovered in the Project Schedule. 6.4 SCHEDULE OVERVIEWS All project deliverables are defined in the Design Project Task Breakdown Structure discussed in Section 4.0. The key project deliverables and the respective delivery dates are summarized in Table 6.1 on the following page. A detailed Project Schedule is provided in Appendix F. �1 Stantec 18 PROJECT IMPLEMENTATION MANUAL 6.0 Project Schedule October 19, 2015 Table 6.1 - Key Project Deliverable Dates Project Phase Key Project Deliverable Projected Delivery Date Phase I Tech Memo 1 - User Rate Analysis January 25, 2016 Physical Condition Survey of Plants and Major Pumping Stations February 22, 2016 WWTP Operations Assessment February 22, 2016 Capital and O&M Cost for Do Nothing Alternative March 2, 2016 Draft Capital Plan April 7, 2016 Final Capital Plan April 29, 2016 Phase II Draft Phasing Plan June 17, 2016 Interim Operations Plan June 17, 2016 Final Phasing Plan July 5, 2016 Phase III Draft Implementation Plan and Schedule July 25, 2016 Final Implementation Plan and Schedule August 10, 2016 End of Section 6.0 Sta me c 19 PROJECT IMPLEMENTATION MANUAL 7.0 Document Standards and Procedures October 19, 2015 • 0 DOCUMENT STANDARDS AND PROCEDURES 7.1 GENERAL The formal study begins upon the completion and approval of the Detailed Work Break Down Structure. The study process is broken down into various phases, each upon completion, requiring confirmation that the project parameters (scope, budget, and schedule) remain on target. At the completion of each of these phases, a written approval is required from the Stantec Project Manager prior to proceeding into the next phase. 7.2 DRAWING STANDARDS Drawings are to be provided using Computer Aided Drafting processes. All CAD drawings are to be completed using the Stantec CAD Standards. Stantec will issue a CAD Project Plan at the start of the project under separate cover. This plan will include the following information: • Project specific CAD information • CAD contact information • Figure standards • Drawing standards All Stantec Team members are expected to follow the Stantec CAD drawing standards on this project, without exception. End of Section 7.0 Stantec 20 PROJECT IMPLEMENTATION MANUAL 8.0 Quality Plan October 19, 2015 8.0 QUALITY PLAN 8.1 GENERAL Quality assurance is the setting up and continuous practice of quality control procedures throughout the production process. The least expensive way to do work is to do it properly the first time, no matter how much it costs. Similarly, the fastest way is to do it right the first time, no matter how long it takes. This quality plan includes procedures and work instructions that: • Identify the responsibilities of key personnel involved in executing activities. • Identify methods to be employed in the performance of the work. • Identify assurances to be performed to verify compliance with specified requirements. • Provide output from the activities, management of the output and the records to be generated as evidence of compliance. • Identify the types of quality control checks to be performed. • Identify the type and format of quality systems. • Determine the frequency and schedule of internal audits and technical reviews • Identify quality performance measurements to be used to monitor quality trends. 8.2 RESPONSIBILITIES The Stantec Project Manager will be responsible to liaise with the City Project Manager to coordinate functions associated with quality enhancement, including: • Ensure adherence to the Quality Plan • Ensure the allocation of sufficient resources to satisfy the requirements of the Quality Plan. • Ensure stewardship of the administrative systems and procedures are established and carried out. • Be accountable for closure of audit findings and the implementation of corrective measures identified during quality activities. • Ensure appropriate document control procedures are implemented to assure the issue of properly checked and approved project documents. • Provide appropriate documented assurance of the effectiveness of the Quality Plan. • Ensure completion of third party reviews of work to ensure the integrity of the work and control in accordance with Stantec Procedures and the Quality Plan. Stantec's QA/QC Team will be responsible for providing a third party audit of Stantec's Services and reporting to the Stantec Project Manager on the compliance of the Stantec Project Team's activities in accordance with these procedures. The responsibility for quality is shared across the Project Team and summarized in the Table 8.1 on the following page. �1 Stantec 21 PROJECT IMPLEMENTATION MANUAL 8.0 Quality Plan October 19, 2015 Table 8.1 - Team Roles and Responsibilities for Implementing Quality Plan Robert Simm Reno Fiorante Functional Team Leads Role Responsibilities Project Manager QA/QC Team Lead Ensure allocation of sufficient resources to carry out QA/QC plan, final audit to ensure all QA/QC procedures have been followed, and final sign off on all deliverables Be accountable for adherence to the quality plan, ensure appropriate documentation of QA/QC procedures, and lead all external independent and City reviews. Responsible for checking all technical work within their respective team prior to submittal to external QA/QC team. Also responsible for documenting the level I review process. The quality program will remain active throughout the study to ensure all design criteria, standards, codes, and specifications are met. Design notes and calculations will be prepared and included in all submittals. The Functional Team Leads will establish the design format and a checklist, including design criteria and standards, design assumptions listed, information and data sources referenced or attached, formulae and symbols listed and defined, project number, date, page numbers, designer and checker names and initials, and computer printouts and labels to be attached. 8.3 PRODUCT CONTROL A separate budget has been allocated to carry out the appropriate review of deliverables. The following outlines reviews to be completed in support of product control for the project. The reviews, and the reviewer(s), will execute their reviews in accordance with the Project Schedule and Quality Plan to avoid backtracking and rework. Stantec will use its standard Engineering and Design Drafting Water Sector check lists in support of completion of reports and studies. The work product review process will be as follows: • The technical lead for a specific task will submit the product and the associated completed check lists to the identified reviewer (both inter and intra disciplinary reviewers) for checking. • The appropriate reviewer will review the product marking required changes and comments on the document in red. Digital tracked changes and annotation of CAD drawings are considered acceptable; however, the reviewer is expected to keep copies of all digital files. The reviewer will prepare a review memo to the attention of the technical lead outlining substantive changes. The reviewer sends all marked up documents and the review memo back to the technical lead for action. A copy of the review memo is also sent to both the Stantec Project Manager and QA/QC Coordinator. The Stantec Project Manager will log the QC review into the project QC log. Stantec 22 PROJECT IMPLEMENTATION MANUAL 8.0 Quality Plan October 19, 2015 • The technical lead will address identified changes as appropriate and provides a written response to the QA/QC memo. The technical lead will identify changes not made and reason(s) in the response memo. The reviewer is sent a copy of the revised product, the original markups, and the response to the QA/QC memo to confirm compliance with recommended changes. A copy of the technical leads response will also be sent to the Stantec Project Manager and QA/QC Coordinator. • The process will continue until concurrence has been achieved between the technical lead and reviewer. The Project Manager will assist in resolving disagreements between the technical lead and reviewer. Each reviewer will notify the QA/QC Coordinator in writing once all product checks have been completed. • The QA/QC Coordinator will do a final review of all comments and responses to ensure there are no outstanding issues. The QA/QC Coordinator will then notify the Project Manager in writing that the QA/QC review has been completed. 8.4 AUDITS A Quality Control Audit is to confirm that the quality control process has been carried out. Reno Fiorante will be responsible for the quality control audit. The auditor will ensure that the engineering team has conducted to date activities in accordance with this QA Plan. Reports will be generated for review by the City's Project Manager and Stantec Project Manager to ensure that all recommendations have been followed or a detailed explanation made as to the difference. This report will identify non -conformances to the QA Plan, and the Stantec Project Manager will be responsible for resolving all identified non -conformances. Key performance indicators for report to the Client in support of this QA Plan are: • Cost Performance • Budget Variance • Schedule Performance • Schedule Variance • Engineering Performance • Validation of checklists compliance by Engineering Manager • Stantec QA Audit Results • Non -Conformance Corrective Action • Client/Stantec QA Audit Results End of Section 8.0 �1 Stantec 23 PROJECT IMPLEMENTATION MANUAL 9.0 Administration October 19, 2015 9.0 ADMINISTRATION 9.1 GENERAL Administration provides a clear and direct management process for monitoring, reporting, organizing, filing, and communication of the project activities. If project activities are carried out and controlled within the specific guidelines as described in the PIM, an increased level of efficiency will result, and appropriate documentation control will be formulated for the future project audits. A level of comfort that the project is in control, capable of being monitored and altered as necessary to maintain the project parameters will be established. 9.2 CONFIDENTIALITY Confidentiality is of the utmost importance. It is necessary that all Project Team members keep their communication of the project within the project envelope. Any information that needs to be publicly acknowledged and/or reported will be carried out through an appropriate department of the City of Corpus Christi. The City Project Manager will be notified when such a request is required to ensure that all of the appropriate parties are notified and direction received to address the request for information. 9.3 PROJECT FILES A project filing index has been established based upon Project Phasing and task break down. All project files will be resident on the project Buzzsaw site for the duration of the project. A special project site has been created to be used by all Project Team members. The file index system is as follows: (To be determined in consultation with City of Corpus Christi) The project file indexing system must be strictly adhered to. Any and all hand written notes and calculations that are pertinent to the project must be scanned and an electronic version must be filed in the project folder under the appropriate heading. All deliverables to be reviewed by the City are to be posted to the project Buzzsaw site. All CAD drawings and documents must be saved to the site in PDF format. The filing system for the project web site will be as follows: (To be determined in consultation with City of Corpus Christi) All documents on the project web page will be read only. 9.4 CONTRACTS The professional services contract for the design assignment is enclosed as Appendix I. �1 Stantec 24 PROJECT IMPLEMENTATION MANUAL 9.0 Administration October 19, 2015 9.5 CORRESPONDENCE As described elsewhere in this PIM, formal communication must flow through the Stantec and City Project Managers. All formal communication must be submitted in the form of a written documentation whether providing confirmation, request for information, direction, etc. related to the project. Only written correspondence will be considered as being issued, and where required, written responses must be provided. Refer to Section 2.0 for appropriate communication channeling. Informal communications shall be considered as information only, and shall not form any obligation resulting in changes to the scope, budget, or schedule of the project. 9.6 PROJECT STATUS REPORTING During the progress of the project, continual reporting will be required by all Project Team members. A formal status report will be submitted to the City Project Manager every two weeks. The leads for each project element will be expected to provide the Stantec Project Manager with a weekly report outlining the status and upcoming planned work for their portion of the project. A brief point form email is considered acceptable for these reports. The Stantec Project Manager will provide the City with a monthly status report with the regular billing. 9.7 MEETING AND MINUTES Refer to Section 3.0, Article 3.7. 9.8 PAYMENT PROCEDURES Stantec will be paid on a fixed fee per task up to an upset limit. The City will authorize payment based upon accepted deliverables. The person -hour and fee for each task item will be provided to each Task Lead. Payment will be based upon the payment schedule in this Task Work Breakdown. Therefore, it is imperative that all Team Members adhere to project deadlines for deliverables. End of Section 9.0 �1 Stantec 25 Greenwood`'`;.. City of Corpus Christi ,---L"'") Wastewater Service Areas NO CALL NAME ADDRESS MAPPM 1: 0:0:nly Jell POP Enen:Wanat ALLISON Lift Stations .o ID CALL NAME ADDRESS "a Ba.asksk, 1: 01:arliWa VWPA 1090 Mounks CI: Ealates 1000 1S°4011= 4031.:" Street Appendix B Nueces Bay Corpus Christi Boy GREENWOOIY z NO ID CALL NAME ADDRESS �/ City of Corpus Christi Wastewater Service Areas Nm Dashed Line Demotes FOrne Main trIt Stalion WA Odor Control Odar con. on, ;NW vrir H s% LArea aguna e`ne"N`':ease LAGUNA MADRE 1000 MAI ,67 SOW Odor Control Only Io CALL WEoA Appendix C Key Project Team Members City of Corpus Christi Project Manager Rob Simm. PhD QA/QC Team • Lead - Reno Fiorante, PE • Process - Bob Dawson, PhD • Pumping - John Take, PE, ENV SP • Trenchless - Don Del Nero, PE • Planning - Larissa Brown, PhD, AJCP • Modeling - Mike Van Doorn Operations Evaluation Lead Bob Campbell, PE j Operations Evaluation Team Physical Condition Surveys Bath Engineering & Stantec Discipline Experts Plant Operations Evaluations Stantec Operations Specialists Regulatory Drivers Alan Vicory, PE Dan Leyendecker, PE Infrastructure Evaluation Lead Guy Le Patourel, PE ,f Infrastructure Evaluation Team Sewer System Logan Burton. PE Jeff Coym. PE Hydraulic Specialist Fangbiao Lin, PhD Treatment Options Josh Boltz, PhD, PE Odor Control Joe Uglevich, PE Biosolids Management Charlie ARx, PE Land Use Planning Jim Paulmann, FAICP Program l Financial Management Lead Evaluation Brian Sirbovan Program Management Team Scheduler Brian Nutter, PMP Stakeholder Engagement Carol Scott APR Water Reuse Specialist Vijay Sundaram, PE Risk and Contracting Specialist Steve Fleck Lead L. Carson Bise,AicP� Financial Evaluation Team Impact Fees and Funding Strategies Julie Herlands,AaP Utility Rate Setting and Financial Planning Strategies Carson Bise,AIcP Stantec Appendix D - Project Contact List Team Member Role Contact Information Brian Butscher Robert Simm (Local) City Project Manager City of Corpus Christi Assistant Director of Treatment Utilities Department City of Corpus Christi Office: 361-826-1718 Mobile: 254-718-1995 Fax: 361-826-1889 BrianBu@cctexas.com Consultant Team Project Manager Stantec Consulting 801 Navigation Street, Suite 300 Corpus Christi, TX 78408 Ph: (361) 883-1984 Cell: (602) 421-9395 rob.simm@stantec.com Bob Campbell (Local for field work associated with O&M evaluations) Guy Le Patourel O&M Evaluation Lead Stantec Consulting 1859 Bowles Ave, Suite 250 Fenton, MO 63026 Ph: (636) 343-3880 Cell: (314) 313-1750 bob.campbe112@stantec.com Infrastructure Evaluation Lead Stantec Consulting 5172 Station Way Sarasota, FL 34233 Ph: (941)-225-6174 Cell: (941)-735-7797 guy.lepatourel@stantec.com Carson Bise Financial Lead Tischler-Bise 4701 Sangamore Road Bethesda, MD 20816 Ph: (301)-320-6900 Cell: (240)-401-4031 carson@tischlerbise.com Dan Leyendecker Regulatory and Governmental Liaison LNV Engineering Inc. 801 Navigation Street, Suite 300 Corpus Christi, TX 78408 Ph: (361) 883-1984 Cell: (361) 960-2279 danl@Invinc.com Logan Burton Sewer System Evaluation LNV Engineering Inc. 801 Navigation Street, Suite 300 Corpus Christi, TX 78408 Ph: (361866-2121 Cell: (361) 876-0673 loganb@Invinc.com ID 0 r.,rodek rfask Hame rurabon Start Finisll Pi-rn<sors MITIWITIF ISIS IMITIWITIFIS ISIMITIWITIF ISIS IMITIWITIFIS ISIMITIWITIF ISIS IMITIWITIFIS ISIMITIWITIF ISIS IMITIWITIFIS ISIMITI , 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1.3 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 78 Phase 1 - Develop OptimaIWV/TP 802000 Mon 1/11/16 Fri 4/29/16 Configmation 4., 1 day Mon 1/11/16 5829 1/11/15 7 000k2 - Rate Benchmarking 10 days Tue 1/12/16 Mon 1/25/16 2 T. Task 3 - Fbw and Load Projections days Tue 1/12/16 W.1/20/16 2 7, Task 4 - Market Sounding on reuse 20 days Mon 1/18/16 Fri 2/12/16 IFS -3 days opportunities 7 Task 5 - Review. Regulatory 5 days Mon 1/18/16 Fri 1/22/16 491-17051 Requirements 7 Task 6 - Physical Condition Survey 30 days Tue 1/12/16 Mon 2/22/16 2 of PlaMs and Mapr Pump Stations T. Task 60- Review of EAsting 14 days Thu 1/21/16 511 2/9/18 4 Collection System Hydraulics .4 Task 7 - WWTP Operations 30 days Tue 1/12/16 5820 2/22/10 2 As.ssment 7 Task 8 -Stak.older Engagement 1 day Tue 3/1/16 Tue 3/1/16 3,4,5,7,9.15 Meeting .. 1 days 7, Task 9 - Evaluation of Treatment 7 days Thu 1/21/16 Fri 2/29/16 091-1 7051 Requirements 7 Task 10 - Eval.tion of Bios.. 72o W. 1/27/16 Thu 2/4/16 691-3 Management Requirements days,11FS-3 7, Task 11 -Review Odor Control 1(000 220 1/2/15 Wed 2/10/16 11FS-3 - Management Approach days,12FS-3 T rash"- Capital and OSNI Cost . r 7 days Tue 2/23/16 W123/2/16 4,6,11,12,7,9,1 "Do Nothing" Alternative .28 7 Task 13 - Prelimi.rySiting Study 102459 5829 2/15/15 52 2/25/15 4,5,6,11,12 for Central Plant MI 7 0200-k 1S.kehoMer Engagrnent 1 day Mon 3/21/16 Mon 3/21/16 14,1591115 Meeting ..2 days 7 Task 10- Evaluation.Short-list. 20days Mon 2/29/16 Fri 3/25/16 15 Plant Locations MI .4 Task 16 -Workshop to Select Best 42090 5829 1/10/11 201 1/29/10 16,17 Overall Treatment Plant Lo.tion 7, Task 17 - Draft Capital 102a0s Fri 3/25/16 Thu 4P/16 1051-12480 Improvement Plan 7, Task 18 - au Review 2 clays Fri 4/15/16 Mon 018/16 19FS+5 days 7 1500 19 - Review Alternative S days Fri 4/15/16 Thu 4/21/16 1951152590 Delivery MetIvods 7, Task 20 - Draft Capital Plan Review 1200 52 4/21/10 52 4/22/15 21 n.rkshoP 7 020k 21 -Final Capital Plan S days Mon 4/25/16 Fri 4/29/16 22 T. Phase 2 -Develop Phasing Plan 47days on 0/2/16 001 0/1/10 .4 Task 22 -Prepare Draft Phasing 35 days Mon 5/2/16 Fri 6/17/16 23 Plan 7 Task 23 -Interim Operations Plan 35 days Mon 5/2/16 11 0/17/15 23 7 Task 24 - 0100:015801 M09000140014 days Mon 5/2/16 Tue 5/10/16 23 Plan 7 020k 40 -City Review Workshop 1705 on 6/20/16 0429 1/20/11 25,26,27 7 Task 26 -Stakeholder Engagement 1 day Tue 6/21/16 205 0/21/15 28 Meeting No. 3 7, Task 27 -Finalize Phasing Plan 10days Wed 6/22/16 Tue 7/5/16 29 7 Phase 3 -Develop Implementation 262090 5817 4/0/10 W100 0/10/10 Plan 7 500k 00 -Draft Implementation 14 days wed 7/6/16 Mon 7/25/16 30 Plan and Scheckde 7 Task 29 - My Review Wakshop 1 day Thu 8/4/16 Thu 8/4/16 32FS, days 7, Task 0 -Finalize Implementation 4 days :11 4/5/11 W.8/10/16 33 Plan arid Schedule 1/11 MI • 3/1 7--1 in Prop, Corpus-aristi-Schedule-1 Date:Wed 10/21/15 Task •••=MMI Summary •.......8 External Milestone • Ina.vo Summary V V Manual. mina, Rollup Fims8-only 3 4,,,05 1 ManualT.k Manual. mina, 11111, Deadline 4 Miltone • External T.ks Inactive Milestone 0 152 0109-0119 A. Start ry 9 91001e11 .---- Appendix F I IFIi 1.1ii IFIiiiii IFIiiiii FlIII 1.1 IFIiia 1 I F iiia iiia iii ii ii I F I I I I I I I F iiia 1.1 IFIiiiii IFIiiii Project Corpus-dlr.,-x use Da« .0/21/15 P« biermn ualSuaaRa�p Finish -only Pro ry Ina e, I manual Task Summary Deadline mikto ♦ External, Ina<me Milestone 0 rallon-on Progress page Appendix F 16,20 Project Corps<mnai-xhanwe, Date: wm.oau>s ,ask sot Mddmne . maae.eSummary 3 a ♦ summary omeats�mmary Exemairask: External Milestone V V Manual Summary aouup n w I=11 Inarn.e Milestone o 1 Manual Task aaeon- ly II= Manual summary _ Start -only EPr°gress Deadline Appendix G CHANGE ORDER NUMBER 0 Project Name: Contractor: Owner: re. NCC No.: Location: Corpus Christi Wastewater Stantec Project # Consolidation Contractor Project # Not Applicable Owner Project # Stantec Opportunity Pipeline # Quote No. Page 1 of 1 The following are changes to the contract for this project and are to be carried out as per the Contract Documents except as specifically noted otherwise. You are hereby authorized to proceed with the following work: [description of work] Net Change in Contract Price: (including all direct, indirect and impact costs) There shall be [type - "# of days" or completion date. The completion date shall be Issued by: Approved by: Increase Decrease Previous Contract Sum Revised Contract Sum (excluding applicable taxes) $ 0.00 "no time" - as appropriate] adjustment to the contract Print Name Print Name Approved by: Not Applicable Print Name Attachments: NCC Quote Copies to: [copies to] Signature (Consultant) Signature (Owner) Signature (Contractor) Revised: 2007-10-25 K:\Engineering DataExchange\JENNIFER\WASTEWATER\E15145 WWVP CONSOLIDATION PROGRAM DEVELOPMENT\ORIGINAL\CONTRACT\Appendix G.docx Date Date Date Corous Christi -Wastewater Treatment Plant Consolidation Studv Appendix H CONSULTANT PAYMENT REQUEST FORM Consultant Task*/ Basic Services Original Amedmenl No. Amendment Contract 1 No.2 Total Contract 51,427,186 Proj Invoice No. Invoice Date: Progress Inv Billing Period: 1 -Jan -16 through 31 -Jan -16 Total Invoiced Contract Dollars Dollars Remaining 50 50 Percent Spent 0% 100.100 Project Management 574,949 574,949 100.101 Client Meetings / Prep. Work 534,200 534,200 100.102 Reporting 556,574 556,574 100.103 Quality Assurance/Quality Control 567,914 $67,914 100.104 Project Implementation Plan 510,021 $10,021 Subtotal (Project Management) 5243,658 200.000 Phase 1- Develop Optimal WW Configuration -MM..- M.200.100 200,100 Rate Benchmarking 559,934 559,934 200.101 Flow and Load Projections 518,480 518,480 200.102 Market Sounding on Reuse opportunities 542,462 542,462 200.103 Review of Regulatory Requirements 518,787 518,787 200.104 Physical Condition Survey of Plants and Major Pump Stations 5102,564 5102,564 200.105 Review of Existing Collection System Hydraulics and Their impact on Site Selection. 529,818 529,818 200.106 WWFP Operations Assessment 580,892 580,892 200.107 Stakeholder Engagement Meeting No. 1 522,956 522,956 200.108 Evaluation of Treatment Requirements $33,894 533,894 200.109 Evaluation of Biosolids Management Requirements 537,044 537,044 200.110 Review Odor Control Management Approach 542,903 542,903 200.111 Capital and O&M Cost For "Do Nothing" Alternative 545,591 545,591 200.112 Preliminary Siting Study for Central Plant(s) 525,095 525,095 200.113 Stakeholder Engagment Meeting No.2 515,456 515,456 200.114 Evaluation of Short-listed Plant Locations 545,339 545,339 200.115 Workshop to Select Best Overall Treatment Plant Location 511,281 511,281 200.116 Draft Capital Improvement Plan 580,518 580,518 200.117 Risk Review $22,235 $22,235 200.118 Review Altemative Delivery Methods 515,750 515,750 200.119 Draft Capital Plan Review Workshop 59,576 $9,576 200.120 Final Capital Plan 541,660 541,660 Subtotal (Phase 1) $802,235 3 00 Phase2- Develop Phasing Plan 300.101 = Prepare Draft Phasing Plan 589,996 589,996 300.102 Interim Operations Plan 543,995 543,995 300.103 Stakeholder Management Plan 522,435 522,435 300.104 City Review Workshop 528,098 528,098 300.105 Stakeholder Engagement Meeting No. 3 530,450 $30,450 300.106 Finalize Phasing Plan 548,542 548,542 Subtotal (Phase 2) 5263,515 400.000 Phase 3 (Develop Implementation Plan) 400.101 Draft Implementation Plan and Schedule 572,230 $72,230 400.102 City Review Workshop 516,170 516,170 400.103 Finalize Implementation Plan and Schedule $29,379 529,379 Subtotal (Phase 3) 5117,779 TOTAL 51,427,186 EXHIBIT A-1 TASK LIST (Provides supplemental description to Exhibit "A". Exhibit "A-1" Task List does not supersede Exhibit "A.") Contract for Professional Services Exhibit A-1 Exhibit A-1—Task List Study Phase k Point Form Description Deliverables Phas 1 — Develop an Optimal WWTP Configuration 1 Kick-off meeting • Meet with City stakeholder group to review work program and confirm lines of communication and project schedule. Meeting minutes Scenario • Identify information requirements and timing of obtaining required information. 2 Review and benchmarking of • Review of other planned infrastructure spending plans and current CIP. Technical Memorandum No. 1 — Wastewater Corpus Christi user • Review city and utility bonding capacity System User Rate rates and taxes to determine appropriate user rate range. • • Estimate supportable construction spending Determine target user rate range in consultation with city stakeholders. Review. 3 Flow and load projections by • Review of consolidated plan and development plans for individual sewer sheds. Technical Memorandum No. 2 — Sewer Flow and sewer shed and plant contributing area • Flow and load projections by sewer shed. Load Projection by Sewer Shed. 4 Market sounding on reuse opportunities . Confirm potential industrial and commercial reuse opportunities with city staff. Technical Memorandum No. 3 — Water Reuse with local industries. • Conduct market sounding to confirm interest and requirements for reuse water. Market Opportunities and Financial Benefit . Meet with potential reuse customers and confirm interest and commercial requirements. 5 Review of anticipated regulatory • Review current EPA proposals on wastewater treatment requirements including ammonia rule, effluent virus rule, and CSO rule. Technical Memorandum No. 4 —Review and Summary of Existing requirements both state and federal. • Review current discharge permits and identify potential upcoming changes. and Potential Regulatory Requirements. . Confirm treatment requirements for water reuse. EXHIBIT "A-1" Page 1 of 6 Study Phase Task No. Task Point Form Description Deliverables 5A Review of Existing Collection System Hydraulics and Their impact on Site Selection. • Review existing collection system hydraulics and the associated potential impact on the location of a consolidated centralized wastewater treatment plant TM No. 5A — Review of Existing Collection System Hydraulics and Their impact on Site Selection. 6 Physical Condition Survey of existing Wastewater Pumping Stations and Treatment Plants. • Review each plant and major pumping station operations with process, operations and discipline staff and document physical condition and CIP requirements to maintain operations. Technical Memorandum No. 5 — Physical Condition Survey of Wastewater Treatment Plants and Major Pumping Stations 7 Wastewater Treatment Plant Operations Assessment. • Benchmark O&M costs of existing plants against other comparable systems in the state and country. • Provide suggestions to optimize operations and reduce costs. Technical Memorandum No. 6 — Wastewater Treatment Plant Benchmarking and Operations Assessment. 8 Stakeholder Engagement Meeting No. 1 • First meeting with stakeholder groups to present problem statement and garner input on project and project approach. Presentation Materials, Handouts, and Meeting notes. 9 Evaluation of optimal treatment requirements to meet existing, proposed, and potential effluent requirements. • Identify most likely treatment requirements for each of the current plants over the next 20 years and the associated capital and O&M costs. Technical Memorandum No. 7 — Existing and Future Treatment Requirements 10 Evaluate existing biosolids management practices against regulatory trends and confirm future management • Identify residuals generation in consultation with treatment specialist. • Identify potential uses and repository for treated biosolids. • Evaluate biosolids management options and recommend biosolds management approach. Technical Memorandum No. 8 — Biosolids Management Plan EXHIBIT "A-1" Page 2 of 6 Study Phase Task No. Task Point Form Description Deliverables approach. Phase 1 — Deve an Optimal WWTP Configuration Scenario 11 Review odor control management approach for collection system, pumping stations, and treatment plants. • Review historical odor complaints. • Review existing odor control management practices and evaluate efficacy. • Review odor control options and recommend odor control management approach. Technical Memorandum No. 9 — Odor Control Management Plan 12 Determine capital and O&M cost over planning horizon for the "do nothing" alternative (i.e. leave the plants the way they are and expand/upgrade them as/if required.) • Estimate expansion and upgrade requirements for existing infrastructure to meet current and proposed regulatory requirements. • Prepare capital and O&M cost estimates for upgraded and expanded infrastructure. Technical Memorandum No. 10 — Capital and O&M Cost Estimates for the Status Quo Alternative 13 Preliminary siting study for central plant. • Review potential plant locations with city staff and prepare "short-list" of up to two locations. Technical Memorandum No. 11 — Identification and Evaluation of Alternative Locations for Central WWTP. 14 Stakeholder Engagement Meeting No. 2 • Second meeting with stakeholder groups to present alternative sites considered for central plant as well as some of the alternative analyses. Presentation Materials, Handouts, and Meeting notes. 15 Evaluation of short- listed central plant locations. • Review most likely decommissioning schedule for existing plants under each central location in consultation with city staff. Document potential opportunities to optimize the decommissioning schedule. • Review up to two potential locations for central plant and evaluate the capital and O&M cost Technical Memorandum No. 12 — Evaluation of Short -Listed WWTP Locations EXHIBIT "A-1" Page 3 of 6 Study Phase Task No. Task Point Form Description Deliverables associated with each based upon the identified optimal treatment requirements. • Review collection system, pumping station, and forcemain upgrading/expansion requirements for each of the two identified treatment facility locations. • Triple bottom line assessment of short listed central plant locations. 16 Workshop to select best overall treatment plant location. • Presentation of long -list of plant locations and rationale for short-listed sites and recommended site. • Review input and comments from City. • Reach consensus on proposed plant location. Meeting Minutes, Updated Actions/Issues Log 17 Prepare draft capital improvement plan for wastewater system to build out. • Revisit potential decommissioning plan and evaluate alternatives for timing and approach. • Revisit potential options for collection system, pumping station, and forcemain routing and select optimal for each. • Identify contracting packages for identified capital works. • Prepare draft CIP. Draft Capital Improvement Plan 18 Risk Review • Prepare risk register for project implementation • Conduct risk management workshop with key city staff. • Identify risk mitigation strategies. Risk Register 19 Review alterative project delivery methods and select optimal contracting strategy for each contract package. • Identify key contracting packages for overall program • Conduct business case analyses for each contracting package and identify the most appropriate delivery method for each. Technical Memorandum No. 13 — Project Delivery Approach Phase 1 — D an Optimal WWTP 20 Draft Capital Plan Review Workshop • Presentation of draft capital plan to City and key stakeholders. Meeting Minutes, Updated Actions/Issues Log EXHIBIT "A-1" Page 4of6 Configurati Scenario Phase 2—D an Implemei Phasing Pla ntation Point Form Description 11 ,n ?velop station n • Review input and comments from City. • Reach consensus on proposed plan. 21 Final Capital Plan • Update capital plan based upon comments and input received. Final Capital Plan 22 Prepare draft phasing plan based upon selected treatment plant location. • Develop draft phasing plan and cash flow projections. • Use cash flow projections to confirm user rates and potential increases with time. • Identify required stakeholder engagement points. Draft Phasing Plan 23 Develop Interim operations plan • Develop sustainment plan for maintaining facilities operational and in compliance until they are phased out. • Develop transition management plan for redirecting flows from the existing WWTPs. Interim Operations Plan 24 Develop Stakeholder Management Plan • Identify key project stakeholders in consultation with city. • Develop plan to engage stakeholders in overall plan implementation. Stakeholder Management Plan 25 City Review Workshop • Presentation of draft phasing plan to City and key stakeholders. • Review input and comments from City. • Reach consensus on proposed plan. Meeting Minutes, Updated Actions/Issues Log 26 Stakeholder Engagement Meeting No. 3 • Third meeting with stakeholder groups to present draft phasing plan prior to finalizing. Presentation Materials, Handouts, and Meeting notes. 27 Finalize Implementation Phasing Plan • Finalize plan based upon input received Final Phasing Plan evelop g 28 Prepare draft implementation plan and schedule • Identify trigger factors for each construction package and most likely timing for each. • Identify negative and positive factors impacting Draft Implementation Plan and Schedule Phase 3—D an Implemer EXHIBIT "A-1" Page 5 of 6 Study Phase Task Task Point Form Description Deliverables No. each trigger factor and their potential impact on overall schedule. • Prepare draft implementation schedules including a pessimistic, most likely, and optimistic schedule scenario. • Develop draft implementation plan based upon recommended contracting packages and associated implementation schedule. • Develop CIP and cash flow plans for each of the schedule scenarios. 29 City Review Workshop • Presentation of draft phasing plan to City and key stakeholders. • Review input and comments from City. • Reach consensus on proposed plan. Meeting Minutes, Updated Actions/Issues Log 30 Final project implementation plan • Finalize implementation plan based upon city comments and input. Final Implementation Plan EXHIBIT "A-1" Page 6 of 6 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 EXHIBIT B SAMPLE PAYMENT REQUEST FORM COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 50 $0 $1,000 $0 51,000 51,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% 56,000 51,000 $1,250 $8,250 $750 51,500 52,500 30% 52,000 50 $0 $2,000 5500 50 5500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 51,120 51,627 54,747 5500 $0 5500 11% 56,000 $1,000 $1,250 $8,250 5750 51,500 52,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% 58,000 52,120 $2,877 $12,997 51,250 51,500 $3,000 23% Contract for Professional Services Exhibit B EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. EXHIBIT B-1: HOURLY RATES DOCUMENTATION OF PROVISIONAL f OVERHEAD RATES Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPAL(S). Hourly Rate (Name) $ / hr [Name) $ I hr Project Consultant CAD Technician Cleric al Other - Specify $ i hr $ Ihr $ Ihr $ Ihr HOURLY RATE OF PR1NCIPAL(S)- SUBCONSULTANTS: SUBCONSULTANT (Name of Firm) PRINCIPAL(S) (Name) $ / hr (Name) $ 1 hr Project Consultant CAD Technician Clerical Other - Specify $ 1 Fv $ 1 hr $ /Iv $ Ihr SUBCCNSULTANT (Name of Firm) PRINCIPALS) (Name) $ / hr (Name) $ / hr Project Consultant CAD Technician Clerical Other - Specify ADD ADD1Tio NAL SUBCONSULTANTS AS NEEDED $ !hr $ Ihr $ Ihr $ /hr TX Registration Number Contract for Professional Services Exhibit B-1 EXHIBIT C DISCLOSURE OF INTEREST Contract for Professional Services Exhibit C SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION Nosesives City - of Csti 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 toroviide 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: Stantec Consulting Services Inc. P. O. BOX: STREET ADDRESS: 1344 South Flores Street CITY: San Antonio TX ZIP: 78204 FIRM IS: 1. Corporation, 2. Partnership B 3. Sole Owner (] 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name --NA Job Title and City Department (if known) NA 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 RA NA 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 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 Consultant NA NA 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 al! 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: Guy Le Patourel, P.E. (Type or Print) Signature of Certifying Person: Title: Vice President DEFINITIONS Date: July 24, 2015 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. Carpus Chr sti Engineering Wastewater Treatment Plant Consolidation Program Development Council Presentation November 17, 2015 Path Forward (from 4-28-15 Council Briefing) Corpus Chr Sli Engineering • Continue Investment in Existing Wastewater Treatment Plants • Prepare RFQ for the following services: — Evaluate WWTP site locations, size, outfall locations and/or other needs — Evaluate plant process alternatives and phasing — Develop final collection system reroute plan — Develop an Existing WWTPs Sustainment Plan — Develop Project Schedule — Develop Project Budget — Verify Rate Model — Identify Project Delivery Method — Plant Decommissioning Schedule & Land use alternatives — Develop permitting Strategy — Public involvement 2 This Item Program Development Program Manager Path Forward (from 4-28-15 Council Briefing) a Corpus Chr sli Engineering • Alternatives Evaluations, Detailed Plan, Activity Sequence, Budget Development, Risk Mitigation • One Firm or Small Team • Deliverable: Optimal Plan of Actions and Programmatic Budget • $ COUNCIL DECISION ON WASTEWATER TREATMENT PROGRAM DIRECTION • Establish Program Management Office • Procure Designers and Contractors • Simultaneously Manage Many Designers, Contractors and Stakeholders • Deliverable:SuccessfullyManaged Program • $$ Implement Program • Sustain Existing WWTP's • Build new WWTP, Pipelines, Pump Stations, WWTP Decommissioning • Deliverable: Successfully Completed Projects • $$$$$ 3 Request for Qualifications (RFQ) Consultant Selection Corpus Chr sti Engineering RFQ Phase 1- Statement of Qualifications Review: 1. Seven written statements of qualifications (SOQ's) were received; 2. SOQ's were reviewed, evaluated and ranked; 3. Five teams were shortlisted for the Phase 2 interview. RFQ Phase 2 - Presentation and Interview: 1. Selection committee consisted of City Staff and external experts; 2. Five respondents presented and interviewed; and 3. The most qualified team to execute the proposed scope of work was determined to be: The Stantec Consulting Services, Inc. Team 4. The scope of work and fee have been reviewed and negotiated by Engineering Services and the Utilities Department. Stantec Consulting Services, Inc. Selected Team Corpus Chr sti Engineering 130 Stantec Robert Simm, PhD Project Manager Wastewate rTreatme nt Plant ConsqIidarn Program Development Stantec LNV !ijI!I!! Tischl re Bise kailo''' FISCAL I ECONOMIC I PLANNING communi<at,ons stud o.« Corm, Rehmet & Gotien ez C Rngineering,, PLANNERS SURVEYORS CSS G Our Approach Determine what the City can afford to spend Determine best recapitalization / consolidation plan Confirm what drives capital and O&M costs Develop plan that provides flexibility to overall implementation Confirm costs and user rates for status quo alternative I I Develop a CIP and list of contracting packages Identify risk factors associated with implementation Identify best project delivery approach for each package Develop a cash flow plan and schedule Stantec Key Deliverables • Project Implementation Manual • Actions/Issues Log • Technical memoranda • Draft and final capital improvement plan • Risk register • Draft and final phasing plan • Interim operations plan • Stakeholder management plan • Draft and final implementation plan • QA/QC Documentation Stantec Plant Assessment Process Physical Condition Surveys Operations and Maintenance Reports 1. Benchmarking 2. Optimization 3. Potential Cost Savings Sustaining Capital Estimates by Plant Treatment Plant X — .............................Sustaining Capital s3 iu Operations and Maintenance a 0 U I I I I I I I I I I I I I Year Inputs to 1. Evaluation of "do nothing" alternative 2. Capital Plan 3. Phasing Plan Stantec Summary Project Schedule January February March April May June July August Sept April 29 July 5 Aug10 ® Stantec AGENDA MEMORANDUM Future Item for the City Council Meeting of 11/17/15 Action Item for the City Council Meeting of 12/8/15 DATE: October 26, 2015 TO: Ronald L. Olson, City Manager FROM: Yasmine Chapman, Director of Human Resources yasminec@cctexas.com 361.826.3315 Interlocal Agreement with Del Mar College for training services and facilities use. CAPTION: Resolution authorizing the City Manager, or his designee, to execute an Interlocal Agreement with Del Mar College for the training of City Employees and for the use of Del Mar training facilities. PURPOSE: The Interlocal Agreement allows the City of Corpus Christi Learning and Development to collaborate with Del Mar College to deliver learning and development courses, including the City Champions' Customer Service Program. BACKGROUND AND FINDINGS: For several years, the City of Corpus Christi and Del Mar College have annually executed two documents: the Memorandum of Agreement, which provided for the development and provision of classroom training; and a Training and Development Agreement which provided training fees for the use of Del Mar instructors and facilities. As we prepared to renew these agreements for FY'16, the Legal Department recommended creating an Interlocal Agreement consolidating the two agreements into one document. The City of Corpus Christi utilizes instructors from Del Mar College to administer the City Champions Customer Service Training, the Management Academy classroom training, Cultural Intelligence training, and other learning and development activities, as appropriate. Del Mar is used to credential our in-house supervisory and management academy programs. The college provides access to their facilities at no cost, including sessions provided at the Del Mar College Center for Economic Development, however, there may be a fee for use of their facilities for other activities, such as hosting public meetings. This Interlocal Agreement will allow us to provided accredited coursework, expand our learning and development activities for employees, as well as develop and deliver continuous customer service training through the City Champions Program. The anticipated expenses for the services and facility use will not exceed the FY 2016 budgeted amount of $65,350. ALTERNATIVES: We do not have an alternate selected for this purpose OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: None EMERGENCY / NON -EMERGENCY: None DEPARTMENTAL CLEARANCES: None 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 $130,000 $130,000 Encumbered / Expended Amount This item $65,350 $65,350 BALANCE $64,650 $64,650 Fund(s): General Fund Comments: none RECOMMENDATION: We recommend the approval of this agreement. LIST OF SUPPORTING DOCUMENTS: Resolution — Del Mar College Interlocal Agreement Resolution Authorizing the City Manager, or his designee, to execute an Interlocal Agreement with Del Mar College for the training of City Employees and the use of Del Mar training facilities BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute an Interlocal Agreement, in compliance with Chapter 791 of the Government Code, with Del Mar College for the training of City Employees and the use of Del Mar training facilities 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 INTERLOCAL COOPERATION AGREEMENT FOR TRAINING AND DEVELOPMENT This Interlocal Cooperation Agreement ("Agreement") is entered into by and between the City of Corpus Christi, Texas , a municipal corporation and home -rule city of the State of Texas, acting by and through its governing body, the City Council, and the Del Mar College , a political subdivision of the State of Texas, acting by and through its governing body, the Board of Regents. PART 1. TRAINING PROVIDED BY DEL MAR COLLEGE TO THE CITY OF CORPUS CHRISTI SECTION I. PARTIES A. The Performing Party: Del Mar College 101 Baldwin Corpus Christi, TX 78404 SECTION II. TERMS B. The Receiving Party: City of Corpus Christi 1201 Leopard Corpus Christi, TX 78401 A. Services provided by this Agreement will begin October 1, 2015 and will end September 30, 2016. B. The Receiving Party agrees to pay for services received within 30 days from receipt of invoice. C. Either party has the right to cancel services or training specified by the Agreement for failure of the other party to perform in accordance with the terms outlined herein or in attachments or changes hereto. Such cancellation requires written notice three days prior to such cancellation. If services are deleted or cancelled, payment shall be due for all past services performed and any costs incurred providing those services, as agreed upon in Section III, Statement of Services To Be Performed. Services can be rescheduled if agreed to by both parties. D. Neither party shall be responsible to the other for personal injuries, losses, claims, or demands caused by the acts or omissions, if any, of such party or its agents, employees, invitees, or subcontractors. The liability, if any, of either party shall be that prescribed by the laws of the State of Texas. E. It is the responsibility of the Receiving Party to declare if any employees are brought in from out-of-state by the company for the sole purpose of taking this course. If an employee is brought in from out-of-state, an out-of-state tuition will be charged for these employees. F. Contact persons are: 1 Liza Wisner City of Corpus Christi 361-826-3336 LizaW@cctexas.com Kiwana Denson Del Mar College 361-698-2411 Kdensonl@delmar.edu SECTION III. STATEMENT OF SERVICES TO BE PERFORMED Del Mar College will: provide instruction and expertise in a variety of management topics for the City of Corpus Christi. Topics include, but are not limited to: Supervision Skills, Strategic Planning, Leading for Results, Customer Service, Change Management, and Cultural Intelligence. Classes will be billed in 2, 4, 8, 16, 24, 32, or 40 hour increments, depending on the program needs. Technical and Industrial Training will be covered under a separate agreement. SECTION IV. SERVICE COST The service cost will be $100.00 per hour for subject matter expertise regarding new employee orientation The service cost will be $250.00 for the 2 hour program — Executive/Director Training and Secret Shopper The service cost will be $700.00 for the 4 hour program — including City Champions Customer Service The service cost will be $1,400.00 for the 8 hour program The service cost will be $2,100.00 for the 16 hour program The service cost will be $2,800.00 for the 24 hour program The service cost will be $3,500.00 for the 32 hour program The service cost will be $4,400.00 for the 40 hour program Prices include all instructional costs, supplies and class room rental. Student fees waived. The maximum number of participants per class will be up to 24 employees (class size may be smaller or larger if mutually agreed). Items such as books if requested, will be billed at an extra cost. Part 2. CITY OF CORPUS CHRISTI USE OF DEL MAR COLLEGE TRAINING FACILITIES FOR CONTINUING EDUCATION SECTION I. SCOPE The City of Corpus Christi will deliver job specific instruction accredited by Del Mar College. The instruction will be delivered within the framework of courses contained in the Texas Higher Education Coordinating Board Workforce Education Course Manual (WECM). These courses will be offered for Continuing Education (CE) credit in partnership with Del Mar College (DMC). The responsibilities of the partnering institutions are as follows: SECTION II. CITY OF CORPUS CHRISTI RESPONSIBILITY FOR CITY CONDUCTED TRAINING AT DEL MAR COLLEGE A. Provide all equipment, textbooks and supplies for delivering in-house skill development classes which are accredited by Del Mar College. 2 B. Provide instructors and instructor support for such classes. C. Ensure that all instructors meet licensing and/or accreditation requirements for their respective courses and in compliance with Del Mar College requirements. D. Provide evidence and support documents of faculty (instructor) qualifications to DMC. E. Ensure that the curricula and teaching materials for the courses comply with Del Mar College curriculum requirements, as well as the requirements prescribed by the WECM. F. Provide current and complete syllabi of all courses taught under this agreement to DMC. G. Ensure that any applicable testing regulations prescribed by Del Mar College are followed. H. Provide DMC with a completed Continuing Education Registration forms for each student. The City of Corpus Christi shall not be responsible for determining whether students meet DMC's eligibility requirements. I. Provide class rolls and student attendance records to DMC. J. Provide DMC with a completed final grade record for each student at the completion of each course, if applicable. K. Provide DMC with course evaluations and other pertinent statistical information collected n students who complete City of Corpus Christi courses covered under this agreement. L. Provide Del Mar College with all required reports in a timely manner. M. Maintain all documentation directly related to the delivery and support of customized training courses such as instructional facilities costs, instructor salaries, instructional equipment, etc. for a period of no less than five years. N. Pay all applicable room rental, catering, and reconfiguration and cleaning fees. SECTION III. DEL MAR COLLEGE RESPONSIBILITY FOR CITY CONDUCTED TRAINING AT DEL MAR COLLEGE A. Review the applicable City of Corpus Christi course curriculum to ensure its quality, relevance and adherence to any pertinent state laws, rules and regulations. B. Validate that the curricula for the courses comply with the course description(s) and contact hour requirements prescribed by the WECM for the respective courses. C. Interview instructors recommended by the City of Corpus Christi to teach agreed upon courses and review pertinent credential documentation to ensure that all instructors are compliant with the Southern Association of Schools and Colleges (SACS) and DMC policies. D. Provide appropriate CE admission documents to the Training manager, City of Corpus Christi for student registration. E. Ensure that all courses completed under this agreement are recorded on the individual student transcripts at the completion of the semester. A training/course with fewer than 7 contact hours of instruction will not generate state funding as prescribed by the Texas Higher Education Coordinating Board WECM Protocol Manual and Guidelines for Instructional Programs in Workforce Education and cannot be transcripted. An exception may be permitted when the specific type and length of 3 instruction is required by a local, state or national licensing, certifying, regulatory, or accrediting agency. F. Waive rental fees for classroom facilities' (contract and credentialed training/courses only) as requested and as available at the Del Mar College Center for Economic Development. Daily room rental fees will be assessed for room facilities' as requested and as available for all training/courses fewer than seven (7) hours of instruction. Fee schedule available upon request. Other fees, such a catering, reconfiguration and cleaning fees may apply. SECTION IV. TUITION Eligible students, as determined by Del Mar College's current policies will be exempt from tuition and fees charged by Del Mar College under Part 2 of this Interlocal Agreement. City of Corpus Christi in-kind contributions meet the guidelines as referenced in the Guidelines for Instructional Programs for Workforce Education, Chapter Three, B.8 (3) for this provision. Non - eligible students will not be reported for continuing education credit unless they pay the required tuition to Del Mar College. SECTION V. MARKETING Del Mar College and the City of Corpus Christi will jointly approve the means and content of any publicity, including the use of any of the parties' names and logos, before their publication. SECTION VI. PROGRAM REVIEW An annual review of the program and curriculum referred to in this memorandum of agreement shall be made by representatives from both institutions. Any suggested changes arising from such review shall be submitted to both parties for approval prior to their implementation. If the parties fail to agree and approve changes to the program, the program may be terminated as set forth below. Part 3. General Terms SECTION I. FUNDS AND PAYMENT. Each party paying for the performance of services must make those payments from current revenues available to the paying party. SECTION II. NO THIRD PARTIES BENEFIT. This Agreement, and all activities under this Agreement, is solely for the benefit of Parties and not for the benefit of any third party. SECTION III. INTERLOCAL COOPERATION ACT. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that Parties are "local governments" as that term is defined in the Interlocal Cooperation Act. This Agreement is made under chapter 791 of the Texas Government Code. SECTION IV. IMMUNITY NOT WAIVED. Nothing in this Agreement, including the execution and performance of the covenants contained in this Agreement, is intended to or may constitute a waiver or limitation of any governmental, 4 official, or other immunity, defense, or other protection afforded under state and federal law to either Party or its officers, employees, representatives, and agents. SECTION V. TERM OF AGREEMENT. This Interlocal Agreement of Agreement terminates on September 30, 2016. The agreement may be terminated by either party upon written notice to the other party sixty (60) calendar days prior to the desired effective date of termination. Such termination shall not relieve either party of their obligations to continue performance until the actual termination date, including the provision of services and the payment of any funds due. SECTION VI. AMENDMENTS TO AGREEMENT. Unless otherwise provided herein, this Agreement may only be amended by written instrument duly executed on behalf of each party. The City authorizes the City Manager and the College authorizes the Superintendent to execute subsequent amendments, limited to non -substantive modifications that do not require the appropriation of funds, without further approval from the governing body. SECTION VII. NOTICES. All notices required or permitted hereunder shall be in writing and shall be deemed properly delivered when actually received or, if earlier, on the seventh (7'1') day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested), addressed to the respective other Party at the address prescribed below, or at such other address as the receiving Party may have theretofore prescribed by notice to the sending Party: City: City of Corpus Christi Attn: City Manager Post Office Box 9277 Corpus Christi, Texas 78469-9277 College: Del Mar College Attn: President 101 Baldwin Boulevard Corpus Christi, TX 78404 SECTION VIII. ENTIRE AGREEMENT. This Agreement, representing the entire agreement between Parties, supersedes any and all prior agreements between Parties, whether written or oral, relating to the subject matter of this Agreement. No officer or employee of either Party may waive or otherwise modify the limitations in this Agreement without the express action of the governing body of the Party or its duly authorized agents. SECTION VI. SEVERABILITY. In the event any term, covenant, or condition herein contained shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other term, covenant, or condition herein contained, provided that such invalidity does not materially prejudice either City or College in their 5 respective rights and obligations contained in the valid terms, covenants, or conditions hereof. To this end, the remaining terms, covenants, and conditions hereof are severable and continue in full force and effect. SECTION X. VALIDITY AND ENFORCEABILITY. If any current or future legal limitations affect the validity or enforceability of any provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations. As so modified, this Agreement continues in full force and effect. SECTION XI. LAWS AND VENUE. City and College shall comply with all federal, state, county, and local laws, ordinances, rules, and regulations applicable to this Agreement and each Party's respective performance thereunder. This Agreement shall be interpreted according to Texas laws governing the interpretation of contracts. Venue for an action arising under this Agreement shall lie in Nueces County, Texas and be in accordance with the Texas Rules of Civil Procedure. SECTION XII. CAPTIONS. Captions to provisions of this Agreement are solely for convenience and shall not be considered in the interpretation of any provision. SECTION XIII. NON -ASSIGNMENT. College shall not assign or transfer, in whole or in part, directly or indirectly, any of its rights or obligations hereunder without the prior written consent of City, and any attempt of assignment or transfer without such consent shall be void. However, this Agreement is binding upon the parties to this Agreement and their respective heirs, successors, and assigns. SECTION XIV. WARRANTY. This Agreement has been officially authorized by the governing body of each Party. Each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to the Agreement. Remainder of page intentionally left blank; signature page to follow. 6 CITY OF CORPUS CHRISTI DEL MAR COLLEGE Ronald L. Olson City Manager ATTEST: (Date) Rebecca Huerta City Secretary APPROVED AS TO FORM: (Date) Buck Brice Assistant City Attorney For City Attorney (Date) rk Escamilla, Ph.D. (Date) resident, Del Mar College 7 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of November 17, 2015 Second Reading for the City Council Meeting of December 8, 2015 DATE: October 20, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Street Closure for a portion of Hacala Street, located east of Greenwood Drive and south of Frio Street and west of Martin Street. CAPTION: Ordinance abandoning and vacating an undeveloped and unsurfaced 37,786 -square foot (0.87 acres) portion of a 60 -foot wide public right-of-way, as shown and dedicated by Plat of Los Encinos 10 Acre School Tract, a map of which is recorded in Volume 26, Page 63, Map Records of Nueces County, Texas, and requiring the owners, Corpus Christi Independent School District, and Seaside Builders, LLC to comply with specified conditions. PURPOSE: The purpose of this item is to abandon and vacate a portion of a 60 -foot wide public right-of-way in conjunction with the future Plat of Los Encinos (to be submitted at a later date). BACKGROUND AND FINDINGS: Corpus Christi Independent School District, and Seaside Builders, LLC (Owners) are requesting the abandonment and vacation of an undeveloped and unsurfaced 37,786 -square foot portion (0.87 acres) of a 60 -foot wide public right-of-way, dedicated by Plat of Los Encinos 10 Acre School Tract, a map of which is recorded in Volume 26, Page 63, Map records of Nueces County, Texas. The abandonment and vacation of the undeveloped public street right-of-way is being requested in conjunction with a future Plat of Los Encinos (to be submitted at a later date). Staff recommends that payment of the fair market value be waived because City Code, Sec. 49- 12, (c)(4) of the City Code of Ordinances eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. The Owners have been advised of and concur with the conditions of the public street right-of-way abandonment and vacation ordinance. ALTERNATIVES: Denial of the street closure. This will, however, adversely impact the Owner's ability to move forward with future development or sale of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The conditions of the ordinance are in compliance with City of Corpus Christi, Code of Ordinances §49-12 (a), as amended and approved on July 13, 2004, by Ordinance No. 025816. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: None of the City departments or franchised utility companies had any facilities within the public street right-of-way, or objections regarding the proposed public right-of-way abandonment. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the ordinance. Owners must comply with the following conditions: a. City staff recommends that payment of the fair market value be waived because City Code, Sec. 49-12, (c)(4) of the City Code of Ordinances eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. b. Upon approval by the City Council and issuance of the ordinance, all grants of streets closures must be recorded at the Owners' expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the subject portion of the property is located, with a copy of the recording provided to the City. Prior to the issuance of any permits for construction on the land, an up-to-date survey, abstracted for all streets, alleys or public rights-of-way, and items of record must be submitted by the Owners to the Director of Development Services. c. Dedicate a 15 FT wide Utility Easement with a separate instrument for looping the water line on Martin Street within 180 days. d. Failure to comply with all the conditions outlined in this Ordinance within the specified time frame will hereby make the Ordinance null and void. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Location Map Ordinance abandoning and vacating an undeveloped and unsurfaced 37,786 - square foot (0.87 acres) portion of a 60 -foot wide public right-of-way, as shown and dedicated by Plat of Los Encinos 10 Acre School Tract, a map of which is recorded in Volume 26, Page 63, Map Records of Nueces County, Texas, and requiring the owners, Corpus Christi Independent School District, and Seaside Builders, LLC to comply with specified conditions. WHEREAS, Corpus Christi Independent School District, and Seaside Builders, LLC, a Texas limited liability company ("Owners") has requested the abandonment and vacation of an undeveloped and unsurfaced 37,786 -square foot (0.87 acres) portion of a 60 -foot wide public right-of-way, as shown and dedicated by Plat of Los Encinos 10 Acre School Tract, a map of which is recorded in Volume 26, Page 63, Map Records of Nueces County, Texas. This closure is being requested in conjunction with the future Plat of Los Encinos (to be submitted at a later date). WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, November 17, 2015, during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard. WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate the subject portion of the undeveloped and unsurfaced 37,786 -square foot (0.87 acres) portion of a 60 -foot wide public right-of-way, as shown and dedicated by Plat of Los Encinos 10 Acre School Tract, a map of which is recorded in Volume 26, Page 63, Map Records of Nueces County, Texas, subject to compliance by the Owners with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Corpus Christi Independent School District, and Seaside Builders, LLC, a Texas limited liability company ("Owner") has requested the abandonment and vacation of an undeveloped and unsurfaced 37,786 -square foot (0.87 acres) portion of a 60 -foot wide public right-of-way, as shown and dedicated by Plat of Los Encinos 10 Acre School Tract, a map of which is recorded in Volume 26, Page 63, Map Records of Nueces County, Texas is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description of the subject portion, Exhibit "B," which is the graphical representation for the metes and bounds description, and Exhibit "C," which is the location map, are attached to and incorporated in this ordinance by reference as if each were fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the public street right-of-way described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. City staff recommends that payment of the fair market value be waived because City Code, Sec. 49-12, (c)(4) of the City Code of Ordinances eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. b. Upon approval by the City Council and issuance of the ordinance, all grants of streets closures must be recorded at the Owners' expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the subject portion of the property is located, with a copy of the recording provided to the City. Prior to the issuance of any permits for construction on the land, an up-to-date survey, abstracted for all streets, alleys or public rights-of-way, and items of record must be submitted by the Owners to the Director of Development Services. c. Dedicate a 15 FT wide Utility Easement with a separate instrument for looping the water line on Martin Street within 180 days. d. Failure to comply with all the conditions outlined in this Ordinance within the specified time frame will hereby make the Ordinance null and void. 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 Exhibit A 0.87 Acre Tract STATE OF TEXAS COUNTY OF NUECES Job No. 4916.13502 July 22, 2015 Fieldnotes for a 0.87 Acre Tract of Land (not based on an on -the -ground Survey), being a portion of Hacala Street (not constructed), a 60' public roadway, as shown and dedicated by Plat of Los Encinos 10 Acre School Tract, a map of which is recorded in Volume 26, Page 63, Map Records of Nueces County, Texas, said 0.87 Acre Tract being more fully described as follows: Beginning, at the South corner of the said Los Encinos 10 Acre School Tract, on a Northeast boundary line of a 45.316 Acre Tract described in a Warranty Deed from AHA Housing Alternatives, LLC to Seaside Builders, LLC, as recorded in Document Number 2014045952, of the Official Public Records of Nueces County, Texas, the Northwest Right -of -Way line of the said Hacala Street, for the Southwest corner of the said Hacala Street and this Tract; Thence, North 28°59'00" East, with the common boundary line of the said Los Encinos 10 Acre School Tract and the said Northwest Right -of -Way line, 180.28 Feet, to the beginning of a circular curve to the left, having a delta of 29°18'27", a radius of 438.72 Feet, an arc length of 224.41 Feet, and a chord which bears North 14°19'47" East, 221.97 Feet; Thence, with the said common boundary line and the said circular curve to the left, 224.41 Feet, to the beginning of a circular curve to the right, having a delta of 24°4524", a radius of 498.72 Feet, an arc length of 215.49 Feet, and a chord which bears North 12°03'15" East, 213.82 Feet; Thence, with the said common boundary line and the said circular curve to the right, 215.49 Feet, to the beginning of a circular curve to the left, having a delta of 86°00'03", a radius of 10.00 Feet, an arc length of 15.01 Feet, and a chord which bears North 18°34'04" West, 13.64 Feet; Thence, with the said common boundary line and the said circular curve to the left, 15.01 Feet, to the Southwest Right -of -Way line of Frio Street, 60' public roadway, as shown in the said Volume 26, Page 63, being a Northeast corner of the said Los Encinos 10 Acre School Tract, for the North corner of this Tract; Thence, South 61°33'00" East, over and across the said Hacala Street, 69.49 Feet, to the common Northwest boundary line of the said 45.316 Acre Tract and a 10 Acre Tract (surveyed same date), the Southeast Right -of -Way line of the said Hacala Street, for the East corner of this Tract and the beginning of a non -tangent circular curve to the left, having a delta of 25°25'22", a radius of 438.72 Feet, an arc length of 194.67 Feet, and a chord which bears South 12°23'11" West, 193.07 Feet; Thence, with the said common boundary line and the said non -tangent circular curve to the left, 194.67 Feet, to the beginning of a circular curve to the right, having a delta of 29°18'31", a radius of 498.72 Feet, an arc length of 255.11 Feet, and a chord which bears South 14°19'45" West, 252.34 Feet; Thence, with the said common boundary line and the said circular curve to the right, at 207.11 Feet, pass the West corner of the said 10 Acre Tract, in all 255.11 Feet; S:1Surveying14916185021OFFICEIMETES AND BOUNDS/0.87Aeres_4916B502_Fieldnotes Page 1 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 Thence, South 28°59'00" West, with the common boundary line of the said 45.316 Acre Tract, the said Southeast Right -of -Way, 179.72 Feet, to the Southwest Right -of -Way line of the said Hacala Street, the said Northeast boundary line, being the inner ell corner of the said 45.316 Acre Tract, for a South corner of the said Hacala Street and this Tract; Thence, North 61°33'00" West, with the common boundary line of the said 45.316 Acre Tract and the said Southwest Right -of -Way line, 60.00 Feet, to the Point of Beginning containing 0.87 Acres (37,786 SWFt) of land, more or less. Bearings based on Plat of Los Encinos 10 Acre School Tract, a map of which is recorded in Volume 26, Page 63, Map Records of Nueces County, Texas. 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. URBAN ENGINEERING James D. Carr, R.P.L.S. License No. 6458 S:1Surveying149161B50210.87 Acres_4916B502_Fieldnotes JDC.docx Page 2 of 2 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 411727 d E 7,11.37 DAA rnI 67,9 jPo,► 4110 t,a2esT�� Ag s3 4R•�CT LOCATION MAP N.T.S. A -24'45124" R=498.72' L-215.49' T=109.45' CB -N 1703'15" E CL -213.82' A W116'0010311 R-10.00' L-15.01' 1 T-9.33' CB -S 18`34'04" E CL -13.64' :19, 0 100 200 LOT J, tJJTJJI'1 7 .JP]di`o)1AN Jr1LrlNY LmJJt V . A. P.M. L M.FJ.N.v.T. A -2525'22" R-438.728 L-194.67' T=98.96' CB -N 1723'11" E CL -193.07' GRAPA TIC SCALE 1 =100 Los Encinos 10 Acre School Tract Vol. 26, Pg. 63 M.R.N.C.T. 0.87 Acres 37.786 Set. Vol.26, Pg.63 M.R.N.C.T. 10 Acres out of a 45.316 Acre Tract Doc. No. 2014045952 0.P.R.N.C.T (Surveyed Some Date) A 2W18'27" R-438.72' L-224.41' T=114.72' CB -S 14'19'47. W CL -221.97' cf A -29'18'31" R-498.72' L-255.11' T-130.41' CB -S 14'19'45' W Tse `cow CL -252.34' eyP° so�''0 qcr Oo 69s Point of Beginning • 41 Ory a16 r. 45.316 Acre Tract Doc. No. 2014045952 O.P.R.N.C.T eo Exhibit B Sketch to Accompany 0.87 Acre Tract of Land (not based on an on—the—ground Survey), being a portion of Hacala Street (not constructed), a 60' public roadway, as shown and dedicated by Plat of Los Encinos 10 Acre School Tract, a map of which is recorded in Volume 26, Page 63, Map Records of Nueces County, Texas, DATE July 22, 2015 SCALE 1 -100' JOB NO.: 4916.85.02 SHEET: 1 of 1 DRAWN BY: CDS URBAN ENGINEERING TOPE F1R1,1 N0. 145, TBPLS FIRM HO. 10032400 2725 SWANTNER UR, CORPUS 0181511, TX 78404 PHONE 391.954.3101 WWW.URSANENG.GOU EXHIBIT C - HACALA ST - LOS ENCINOS RIGHT-OF-WAY CLOSURE ill ,JT UpRifro e MAIN CSC s� �`` N OP'4RD Ik 37 'r HW 44AR Vicinity Map tp cy�R3 v- y,GR 34 J 0 CR 26 r 4tR 7 CR 28 FM 43 S.gR4T0 0CFgi � Z 0C M �� �4.U' FM 665 q h 4 kr)40 in i. O .tom o? e chi er a N `r0 0 050 �Q- 2 OJ U q 0 4 • CR 14 3 Irl ce CR 12 0 • FM 70 w 3 WHITECAP 0 WINN VICINITY MAP - HACALA ST - LOS ENCINOS RIGHT-OF-WAY CLOSURE UpR��R �m p2 molly 40p4R0 IH 37 KO 44 BEAR o T� y Vicinity Map Amo CR 26 • MCgR 9 FM43 '9'1t0Cq F,.<c? 2' OC6,ry J U SO h 050 e p� U m Q �r CR 14 J2e CR12 0 FM 70 v e WHITECAP 0 WINN Hacala Street Right -of -Way Closure AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of November 17, 2015 Second Reading for the City Council Meeting of December 8, 2015 DATE: October 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 located at 6810 South Staples Street (FM 2444) CAPTION: Case No. 1015-01 Golden Real Estate and Construction Consulting Group, Inc.: A change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. The property to be rezoned is described as being a 12.00 acre tract of land deeded to Golden Real Estate and Construction Group, Inc., in document File No. 2012038800 Official Public Records Nueces County, Texas and being out of Lots 18, 19, 20, 29, 30 and 31, Section 11 of the Flour Bluff & Encinal Farm Garden Tracts, located approximately 850 feet east of South Staples Street (FM 2444) between Corsica Road and Timbergate Drive. PURPOSE: The purpose of this item is to rezone the property to allow for the construction of a detached single-family subdivision. RECOMMENDATION: Planning Commission and Staff Recommendation (October 21, 2015): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. BACKGROUND AND FINDINGS: As detailed in the attached report, the property owner intends to develop a single family residential subdivision consisting of approximately sixty-two (62) lots. The lots are planned to be approximately 5,500 square feet in area with dwelling units ranging from 1,500 to 1,800 square feet in size. Platting of this subdivision will include the extension of Spanish Wood Drive to connect with Timbergate Drive. The request to rezone conforms to the Comprehensive Plan and the Southside Area Development Plan with respect to land use and infill development policies contained therein, and is consistent with the Future Land Use Map which identifies the subject property as low density residential. The request, if approved, would allow development to occur that is compatible with adjacent properties. Approval of the request would not create an adverse impact on the surrounding properties or overall character of the area and the subject property is suited for single-family development. 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 "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 • •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: Ordinance Planning Commission Final Report Location Map - Aerial Map Ordinance amending the Unified Development Code ("UDC"), upon application by Golden Real Estate and Construction Consulting Group, Inc. ("Owner"), by changing the UDC Zoning Map in reference to a 12.00 acre tract of land deeded to Golden Real Estate and Construction Group, Inc., in document File No. 2012038800 Official Public Records Nueces County, Texas and being out of Lots 18, 19, 20, 29, 30 and 31, Section 11 of the Flour Bluff & Encinal Farm Garden Tracts, from the "RS -6" Single -Family 6 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 Golden Real Estate and Construction Consulting Group, 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, October 21, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested the "RS -4.5" Single - Family 4.5 District, and on Tuesday, November 17, 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 Golden Real Estate and Construction Consulting Group, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 12.00 acre tract of land deeded to Golden Real Estate and Construction Group, Inc., in document File No. 2012038800 Official Public Records Nueces County, Texas and being out of Lots 18, 19, 20, 29, 30 and 31, Section 11 of the Flour Bluff & Encinal Farm Garden Tracts, located approximately 850 feet east of South Staples Street (FM 2444) between Corsica Road and Timbergate Drive (the "Property"), from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District, (Zoning Map No. 044032), 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_1015-01 Golden Real Estate & Construction 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_1015-01 Golden Real Estate & Construction Page 3 of 3 TexasGeoTech LAND SURVEYING, INC. EXHIBIT "A" Being a 12.00 acre tract of land deeded to Golden Real Estate and Construction Group, Inc., in document File No. 2012038800 Official Public Records Nueces County, Texas and being out of Lots 18, 19, 20, 29, 30 and 31 Section 11 of the Flour Bluff & Encinal Farm Garden Tracts, a plat of which is recorded in Volume A, Pages 41-43 Map Records of Nueces County, Texas, and being more particularly described as follows; BEGINNING at a found 5/8 inch iron rod, being the south corner of Lot 1, Block 3 — The Village at Timbergate Unit 1, a plat which is recorded in volume 67, pages 344-345 of the Map Records of Nueces County, Texas, same being the northeast corner of the tract herein described; THENCE S 28° 37' 53" W — a distance of 394.92 feet to a found 5/8 inch iron rod for the southeast corner of the tract herein described; THENCE N 61° 28' 18" W — a distance of 1322.69 feet to a found 5/8 inch iron rod, being on the north lot line of Lot 6 — Barclay Grove Unit 11, a plat which is recorded in volume 68, pages 302-303 Map Records of Nueces County, Texas, same being the southwest corner of the tract herein described; THENCE N 28° 37' 53" E — a distance of 395.47 feet to a found 5/8 inch iron rod, being on the south lot line of Lot 2, Block 1 — The Village at Timbergate Unit 1, a plat which is recorded in volume 68, page 382 Map Records of Nueces County, Texas, same being the northwest corner of the tract herein described; THENCE S 61° 26' 53" E - a distance of 1322.69 feet to the PLACE OF BEGINNING and containing 12.00 acres 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. August 19, 2015 150909 el L. Moore egistered Professional Land Surveyor Number 4854 5525 S. STAPLES ST. SUITE B2 - CORPUS CHRISTI, TEXAS 78411- PHONE 361-993-2955 - FAX 361-993-2955 Exhibit "A" 00E7,.N HARBOR .II LLC. •CALLED 7.61 AC.• . 804 85, 0885086 11 D0CJ2014029996 • THE VILLAGE AT TIMBERGATE UNIT 1 BLOCK 1 — LOT2 VOL 68 — PAGE 382 M.R.N.C.T, £XI-11BIT "B" 805 E0, 6[805188 0 LOT 1, BLOCK 1 THE VILLAGE AT TIMBERGATE UNIT 1 VOLUME 67, PAGE 344-345 M. R.N.C.T. 5008 2 0 12.00-. Acres. 522717.26 ..Sq.ft. ti 8005 000, 8885100 2 P.O.B. FND 5/8" I.R. 1" = 200• I, JARREL L. MOORE, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE, THIS PLAT RE— PRESENTS AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION AND SUBSTANTIALLY COMPLIES WITH THE MINIMUM STANDARDS SURVEYING IN TEXAS AS SET FORTH BY THE TEXAS BOA LAND SURVEYORS THIS SEPTEMBER 19, 2015. L L. MOORE STERED PROFESSIONAL LAND SURVEYOR LICENSE No. 4854 SURVEY OF: A 12.00 ACRE TRACT OF LAND DEEDED TO GOLDEN REAL ESTATE & CONSTRUCTION GROUP, INC., IN DOCUMENT FILE No. 2012038800 OFFICIAL PUBLIC RECORDS NUECES COUNTY, TEXAS AND BEING OUT OF LOTS 18, 19, 20, 29, 30 & 31 SECTION 11 OF THE FLOUR BLUFF & ENCINAL GARM GARDEN TRACTS, A PLAT WHICH IS RECORDED IN VOLUME A, PAGES 41-43, MAP RECORDS OF NUECES COUNTY, TEXAS. TEXAS GEO TECI-1 ENGINEERING & LAND SURVEYING, INC 5525 S. STAPLES ST. SUITE B2 Corpus Christi, TX 78411 (381) 993-0808 Fax (381) 993-2955 Completion Date: 09/19/2015 Checked by: VSM Scale: 1" = 100' File Name: 150909"A" Drawn by: RC Surveyed by: JJ & NG Exhibit "B" PLANNING COMMISSION FINAL REPORT Case No. 1015-01 HTE No. 15-10000058 Planning Commission Hearing Date: October21, 2015 Applicant & Legal Description Applicant/Owner: Golden Real Estate and Construction Consulting Group, Inc. Representative: Amir Zarghooni Legal Description/Location: Being a 12.00 acre tract of land deeded to Golden Real Estate and Construction Group, Inc., in document File No. 2012038800 Official Public Records Nueces County, Texas and being out of Lots 18, 19, 20, 29, 30 and 31 Section 11 of the Flour Bluff & Encinal Farm Garden Tracts, located approximately 850 feet east of South Staples Street (FM2444) between Corsica Road and Timbergate Drive. Zoning Request From: "RS -6" Single -Family 6 District To: "RS -4.5" Single -Family 4.5 District Area: 12 acres Purpose of Request: To allow for the construction of a detached single-family subdivision. 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 "RM -1" Multifamily 1 Medium Density Residential Medium Density Residential South "RS -6" Single Family 6 Low Density Residential Low Density Residential East "RS -6" Single Family 6 Vacant Low Density Residential West "CN -1" Neighborhood Commercial Vacant Commercial 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 and the Southside Area Development Plan. Map No.: 044032 Zoning Violations: None Transportation Transportation and Circulation: The subject property has access to Spanish Wood Drive, which the Urban Transportation Plan classifies as a "01" Minor Residential Collector street. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2011) Spanish Wood Drive "01" Minor Residential Collector 60' ROW 40' paved N/A N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single - Family 6 District to the "RS -4.5" Single -Family District to allow for the construction of a detached single-family subdivision with a minimum lot size of 4,500 square feet. Development Plan: The property owner intends to develop a single family residential subdivision consisting of approximately sixty-two (62) lots. The lots are planned to be approximately 5,500 square feet in area with dwelling units ranging from 1,500 to 1,800 square feet in size. Platting of this subdivision will include the extension of Spanish Wood Drive to connect with Timbergate Drive. Existing Land Uses & Zoning: The property to the north of the subject property is zoned "RM -1" Multifamily District and is currently developed as the Mirador Retirement Community. The property to the south is zoned "RS -6" Single -Family and is developed with single-family dwellings. The property to the east of the subject property is zoned "RS -6" Single -Family and is vacant. The property to the west is also vacant and is zoned "CN -1" Neighborhood Commercial. 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 not platted. 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 "RS -4.5" Single -Family 4.5 District is consistent with the Future Land Use Map designation of the property as low density residential. Department Comments: • The request to rezone conforms to the Comprehensive Plan and the Southside Area Development Plan with respect to land use and infill development policies contained therein. • The request to rezone the property to "RS -4.5" Single Family 4.5 District is consistent with the Future Land Use Map which identifies the subject property as low density residential. • The request, if approved, would allow development to occur that is compatible with adjacent properties. • Approval of the request would not create an adverse impact on the surrounding properties or overall character of the area. Planning Commission Final Report Page 3 • The subject property is suited for single-family development. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RS - 4.5" Single -Family 4.5 District. Public Notification Number of Notices Mailed — 54 within 200 -foot notification area 5 outside notification area As of October 27, 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 K:\DevelopmentSvcs\SHARED\ZONING CASES \2015\1015-01 Golden Real Estate (Amir Zarghooni)\Council Documents\Report for CC_1015-01 Golden Real Estate and Construction.docx r 141 © - 3�44p40. *II?* � �tI` � � � a a �3 p#4km,v ®a�7* *44e Crea ed:9/25/2015 800 Prepared9By: JeremyM// Feet Deepartme t of Dee elbEsinent �Set�{rice/S CASE: 1015-01 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 A Owners within 200' listed on V Owners attached ownership table A in opposition - FM 2444 LOCATION MAP YIN City of Corpus Christi 4Q_i?US Cif 44 REZONING APPLICATION �-� �i Office Use Only Case No.: 1015-01 Map No.: 044032 \ J 4.2 0 PC Hearing Date: 10/21/15 Proj.Mgr: 7852 Hearing Location: City Hall, Council Chambers, 1201 Leopard Street Development Services Dept. P.O. Box 9277 Hearing Time: 5:30 p.m, Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street * A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. * INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant Golden Real Estate & Construction Group, Inc. Contact Person : Amir Zarghooni Mailing Address:5525 S. Staples St. Suite B2 City: Corpus Christi state: Tx ZIP: 78414 Phone: 3(__ 61 ) 510-8249 E-mail: Cell: (361 ) 510-8249 2. Property Owner(s): Amir Zarghooni Contact Person :Amir Zarghooni Mailing Address:46 West Bar -Le -Doc Drive city. Corpus Christi state: TX ZIP:78414361 3(__ 61 ) 510-8249 E-mail: Cell: ( 361 ) 510-8249 3. Subject Property Address: North End ofSpanish Wood Area of Request (SF/acres): 12AC Current Zoning & Use: RS6 Proposed Zoning & Use: RS 4.5 12 -Digit Nueces County Tax ID: 2476 __0011 _ - 0176 T Subdivision Name: TBD Block: N/A Lot(s): N/A Legal Description if not platted: F.B.& ENC FRM GDN TR. 12 ACS OUT OF LTS 17-20 & 29-32 SEC 11 4. Submittal Requirements: o Early Assistance Meeting: Date Held 9-4-15 ; with City Staff Andrew Dimas ❑R Land Use Statement 0 Disclosure of Interest ❑ 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 • Metes & Bounds Description with exhibit if property includes un -platted land (sealed by RPLS) ■ Lien Holder Authorization 0 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 application for review; that I am authorized to initiate this rezoning as or on behalf of the Property Owner(s); and the information provided is accurate. Owner or - .. ignat Applicant's Signature Amir arghooni Owner or Agent's Printed Name Applicant's Printed Name Office Use Only: Date Received: 9/21 Received By: hip ADP: SS Rezoning Fee: 1976.75 + PUD Fee 0 + Sign Fee 10 00 =Total Fee 1986.75 No. Signs Required 1 @ $10/sign Sign Posting Date: 10/6/15 :IDEVELOPM ENTSVCSSSHAREDILAND DEVELOPM ENT'APPLICATION FORMSIREZONINGSZONING APPLICATION 2015.DOC Form Revised 5/12/2015 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 purpose of this request is to change the zoning of this property from RS -6 to RS - 4.5. The property is currently a vacant, unplatted 12 acre tract located at the north end of Spanish Trail Drive. The existing property to the east is occupied by an elementary school. The existing property to the south is occupied by single family residential subdivisions. The existing property to the west is primarily vacant property up to South Staples Street. The existing property to the north is occupied by a Targe independent and assisted senior housing facility. There is also a multi -unit apartment complex under construction in this area. The proposed use of the property will provide for the construction of a detached single family residential subdivision, containing approximately 62 lots of approximately 5,500 square feet in area. It is currently anticipated that the homes to be built on these lots will be based on 1,500 to 1,800 square feet of living space. Construction of the subdivision will include extension of City water, wastewater, and storm water systems, and new street construction, including the extension of Spanish Woods Drive to connect to Timbergate Drive. 2. Identify the existing land uses adjoining the area of request: North - Medium Density Residential South - Low Density Residential East - Institutional - Education West - Vacant C:1USERS,TANYAR.00O}DESKTOF4O4ILY USE ANNJKAl4ANO USE STATEMENT FOR ?ONING.DOC APPOINTMENT OF AGENT As owner of the subject property, I hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: Texas Geo Tech, Engineering & Land Surveying, Inc. Mailing Address: 5525 S. Staples St. Suite B2 City: Corpus Christi State: Tx Zip: 78411 Home Phone: ( ) Business Phone: ( 361 ) 993-0808 Cell: (361 ) 438-2850 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 Iegally 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 has less than full authority to act, then the application may be suspended and I will have to personally participate in the disposition of the application. I understand that all communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, I agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising from this matter. If my property is owned by a corporation, partnership, venture, or other legal entity, then I certify that I have the legal authority to make this binding appointment on behalf of the entity, and every reference herein to "1", "my", or " *Signature of Agent: e' is a referen to the e»tity. 6 Printed/Typed Name of gent: Roberto Card'nas *Signature of Property Owner: Title: owner Date: 9-18-15 Title: owner Printed/Typed Name of Property Owner: Ir arg nl Date: 9-18-15 *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.APPOINTMENT OF AGENT2-19-09.doc cii" cy4, DISCLOSURE OF INTERESTS 44, ohJ NAME: 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". Golden Real Estate & Construction, Inc. (Amir Zarghooni) STREET: 46 West Bar -Le -Doc Drive CITY: Corpus Christi Zip: 78414 FIRM is:QCorporation °Partnership Sole Owner °Association 0Other 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 NIA 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 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: Amir Zarghooni Title: owner (Print Name) Signature of Certifying Person- 4 K:SDEVELOPMENTSVCStSHAREDSLAND DEVELOPM PP� Date: 9-18-15 0 FORM5IREZONINGSDISCLOSUREOFINTERESTS SfATEMENT_5.12.2D15.DOC TexasGeoTech LAND SURVEYING, INC. EXHIBIT "A" Being a 12.00 acre tract of land deeded to Golden Real Estate and Construction Group, Inc., in document File No. 2012038800 Official Public Records Nueces County, Texas and being out of Lots 18, 19, 20, 29, 30 and 31 Section 11 of the Flour Bluff & Encinal Farm Garden Tracts, a plat of which is recorded in Volume A, Pages 41-43 Map Records of Nueces County, Texas, and being more particularly described as follows; BEGINNING at a found 5/8 inch iron rod, being the south corner of Lot 1, Block 3 — The Village at Timbergate Unit 1, a plat which is recorded in volume 67, pages 344-345 of the Map Records of Nueces County, Texas, same being the northeast corner of the tract herein described; THENCE S 28° 37' 53" W — a distance of 394.92 feet to a found 5/8 inch iron rod for the southeast corner of the tract herein described; THENCE N 61° 28' 18" W — a distance of 1322.69 feet to a found 5/8 inch iron rod, being on the north lot line of Lot 6 — Barclay Grove Unit 11, a plat which is recorded in volume 68, pages 302-303 Map Records of Nueces County, Texas, same being the southwest corner of the tract herein described; THENCE N 28° 37' 53" E — a distance of 395.47 feet to a found 5/8 inch iron rod, being on the south lot line of Lot 2, Block 1 — The Village at Timbergate Unit 1, a plat which is recorded in volume 68, page 382 Map Records of Nueces County, Texas, same being the northwest corner of the tract herein described; THENCE S 61° 26' 53" E - a distance of 1322.69 feet to the PLACE OF BEGINNING and containing 12.00 acres 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. August 19, 2015 150909 el L. Moore egistered Professional Land Surveyor Number 4854 5525 S. STAPLES ST. SUITE B2 - CORPUS CHRISTI, TEXAS 78411- PHONE 361-993-2955 - FAX 361-993-2955 0087^.N HARBOR .II LLC. •CALLED 7.61 AC.• . 805 85, 0885000 11 D0CJ2014029996 • THE VILLAGE AT TIMBERGATE UNIT 1 BLOCK 1 — LOT2 VOL 68 — PAGE 382 M.R.N.C.T, £XI-11BIT "B" 804 06, 61805100 0 LOT 1, BLOCK 1 THE VILLAGE AT TIMBERGATE UNIT 1 VOLUME 67, PAGE 344-345 M. R.N.C.T. 5008 2 0 12.00-. Acres. 522717.26 ..Sq.ft. ti 805 00, MEM 2 P.O.B. FND 5/8" I.R. 1" = 200• I, JARREL L. MOORE, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE, THIS PLAT RE— PRESENTS AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION AND SUBSTANTIALLY COMPLIES WITH THE MINIMUM STANDARDS SURVEYING IN TEXAS AS SET FORTH BY THE TEXAS BOA LAND SURVEYORS THIS SEPTEMBER 19, 2015. L L. MOORE STERED PROFESSIONAL LAND SURVEYOR LICENSE No. 4854 SURVEY OF: A 12.00 ACRE TRACT OF LAND DEEDED TO GOLDEN REAL ESTATE & CONSTRUCTION GROUP, INC., IN DOCUMENT FILE No. 2012038800 OFFICIAL PUBLIC RECORDS NUECES COUNTY, TEXAS AND BEING OUT OF LOTS 18, 19, 20, 29, 30 & 31 SECTION 11 OF THE FLOUR BLUFF & ENCINAL GARM GARDEN TRACTS, A PLAT WHICH IS RECORDED IN VOLUME A, PAGES 41-43, MAP RECORDS OF NUECES COUNTY, TEXAS. TEXAS GEO TECI-1 ENGINEERING & LAND SURVEYING, INC 5525 S. STAPLES ST. SUITE B2 Corpus Christi, TX 78411 (381) 993-0808 Fax (381) 993-2955 Completion Date: 09/19/2015 Checked by: VSM Scale: 1" = 100' File Name: 150909"A" Drawn by: RC Surveyed by: JJ & NG PEAK IIOUR TRAFFIC (PHT) FORM A Traffic Impact Analysis (TTA) 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). Development Services 2406 Leopard Street, Corpus Christi, TX 78408 Phone: (361)826-3240 www.eclexas.com Property Address: Nov&h e.44 5frai444 Wood t?v je Legal Description (Subdivision, Lot, Block): 'CO i* �F6, /Z Arc. "'eV eV /? ro 4 74-32•, Applicant Name: Golden Real Estate & ConsUtuction Group, inn Address: a Wel+ $at.- L- Dex, DrAee City/State/Zip: Telephone: (?00 'CA) - 9211f Email: ericzarghoonl Application Status (Select One): Existing Land Use malloom Co?uy G'/i✓.si' Rezoning ❑ Site Plan QStreet Closure Tract Acres Unit of Measure Zoning Land Use I.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak P.M. Trips /Z, o A .. KS -(o Vrtatai f — — — — ---- _ at>kd Proposed Proposed Land Use Tract Acres Unit of Measure Zoning Land Use LT.E. Code A.M. Trip Rate Peak A.M. Tris P.M. Trip Rate Peak P.M. Tn s 6Z- Deileall A'5 44.5- /Z511444-14 44-14 Z/o x.77 tiftf5 /. D2-•'tj _ at>kd Total e Total 0 3 Abutting Streets Street Name Access Proposed To Street? Pavement Width (ET) ROW Width (FT) -5/24 /4m h Wood ,Drive yes .yo' 3-$ & O_ o For City Use Only A Traffic Impact Analysis Mrequired. 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 1=1exceed the established threshold. The Traffic Impact Analysis has been waived for the following reason(s): Reviewed By: t...i.ArL AA, tt Date 10/12/2t.. Note: This compkted and reviewed farm must accompany any subsequent application for the IDENTICAL project. CHANGES to the proposed project will require a new TIA determination to be made. Aerial Overview AGENDA MEMORANDUM First Reading for the City Council Meeting of November 17, 2015 Second Reading for the City Council Meeting of December 8, 2015 DATE: October 26, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Exemption from the Wastewater Acreage/Lot Fees for Layton Manor, Block 1, Lot 4 located east of Flour Bluff Drive within the Laguna Madre Area (Wastewater Collection System Master Plan). CAPTION: Ordinance exempting Layton Manor, Block 1, Lot 4 from the payment of wastewater lot and acreage fees pursuant to Section 8.5.2.G.1. of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. PURPOSE: Exempt the property owner of Layton Manor, Block 1, Lot 4 from paying $7,902.13 in wastewater lot and acreage fees subject to execution of a Sanitary Sewer Connection Agreement. BACKGROUND AND FINDINGS: Mr. Jack L. Tucker, Trustee, Jack L. Tucker, Protection Trust, is requesting the City to waive the Sanitary Sewer (Wastewater) Lot and Acreage Fees for Layton Manor, Block 1, Lot 4 by providing an exemption for this area. The subject property is located east of Flour Bluff Drive and north of Ramfield Road, in the Flour Bluff area of the City. Currently, this section of the Laguna Madre Service Area does not have any wastewater services available for the property. It is Staff's opinion that wastewater facilities will not be available within the next 15 years unless these improvements are included in a bond project. Section 8.5.2.G.1. of the Unified Development Code (UDC) outlines the exemption of payment of wastewater lot or acreage fees if the land for which the fees are required lies within an area exempted by City Council for the payment of such fees. Exempted areas are determined by City Council and generally are those areas not likely to be served by City wastewater services within the next fifteen (15) years. This section also provides that owners of property for which an acreage fee has been paid may receive a refund if, after 10 years, but not more than 20 years from the date of the filing of the plat, the owners of 50 percent of the property petition City Council for a hearing to determine whether the fees should be refunded. A refund may be made if City Council finds that, among other things, the property is not likely to receive services within another 5 years. ALTERNATIVES: Require the developer to pay the applicable wastewater lot and acreage fees in the amount of $7,902.13 prior to the recording of the plat. If wastewater services are not available within 15 years from the date of the filing of the plat, the property owners may request a refund which will include a 5 1/2 percent interest per annum from the date of filing of the final plat. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: On October 21, 2015, the Planning Commission recommended City Council approve the wastewater exemption subject to a Sanitary Sewer Connection Agreement. 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 BALANCE Fund(s): Comments: None RECOMMENDATION: On October 21, 2015, the Planning Commission and Staff recommended that City Council approve the exemption of the wastewater lot and acreage fees subject to a Sanitary Sewer Connection Agreement. The agreement will require payment of the pro -rata fee in effect when public wastewater service becomes available. The agreement will also require payment of the wastewater lot and acreage fees in effect if public wastewater becomes available within 15 years of the plat being filed for record. LIST OF SUPPORTING DOCUMENTS: Ordinance with Sanitary Sewer Connection Agreement Exemption Request Letter with Exhibit Location Map Page 1 of 2 ORDINANCE EXEMPTING THE LAYTON MANOR, BLOCK 1, LOT 4 PROPERTY LOCATED EAST OF FLOUR BLUFF DRIVE AND NORTH OF RAMFIELD ROAD, FROM THE PAYMENT OF THE WASTEWATER LOT/ACREAGE FEES UNDER SECTION 8.5.2.G.1 OF THE UNIFIED DEVELOPMENT CODE; REQUIRING THE OWNER/DEVELOPER TO COMPLY WITH THE SPECIFIED CONDITIONS. WHEREAS, Layton Manor, Block 1, Lot 4 (Property) located east of Flour Bluff Drive and north of Ramfield Road and is not currently served by the City wastewater system; WHEREAS, the owner/developer has submitted a written request that the Property be exempt from the payment of wastewater lot or acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, based on Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, City Staff and the Planning Commission recommend that City Council find that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years and that the Subdivision be exempt from the payment of wastewater lot or acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. It is determined that Layton Manor, Block 1, Lot 4 (Property), located east of Flour Bluff Drive and north of Ramfield Road, is not likely to be served by city wastewater service within the next fifteen (15) years and is exempt from the payment of wastewater lot or acreage fees at this time, pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi. SECTION 2. The exemption from the payment of wastewater lot or acreage fees, pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, is conditioned upon owner/developer compliance with the following: a. That the owner/developer of the Subdivision enter into a Sanitary Sewer Connection Agreement with conditions (copy of Agreement attached hereto and incorporated herein to this Ordinance for all purposes). b. That the Sanitary Sewer Connection Agreement requires payment of the wastewater lot or acreage, pro -rata, and tap fees at the rate in effect at the time of connection to City wastewater. Page 2 of 2 c. That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. d. That the Sanitary Sewer Connection Agreement and covenants contained in the agreement are covenants running with the land. SECTION 3. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home -Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277, hereinafter called "City" and Jack L. Tucker, Trustee, Jack L. Tucker Protection Trust, 1730 Ramfield Road, Corpus Christi, Texas 78418 hereinafter called "Developer/Owner." WHEREAS, Developer/Owner in compliance with the City's Unified Development Code, has submitted the plat for Layton Manor, Block 1, Lot 4, hereinafter called "Development," (Exhibit 1); and, WHEREAS, wastewater construction plans and construction are a requirement of the plat, and WHERAS, the Development Services Engineer has determined that sanitary sewer is not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers/Owner to record the plat of the Development Property without initial construction of wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Developer/Owner agrees for itself, its successors, transferees, and assigns, as follows: 1. to connect to City sewer at such time as a wastewater manhole is located at the frontage of the property or a wastewater line extends along the frontage of the property; 2. to pay wastewater acreage fees at the rate in effect at the time of connection if wastewater services are available within fifteen (15) years from the recording date of the plat; and 3. to pay tap fees and pro rata fees at the time of connection to City wastewater. Sanitary Sewer Connection Agreement Layton Manor, Block 1, Lot 4 Page 2 City agrees: 1. to allow property to use on-site wastewater treatment in compliance with State and local regulations; INDEMNIFICATION: DEVELOPERIOWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF THE GRAND RESERVE UNIT 2, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. This agreements and covenants set forth herein are covenants running with the land, to be filed in the Office of the Nueces County Clerk Office, and shall be binding on Developer/Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. Sanitary Sewer Connection Agreement Layton Manor, Block 1, Lot 4 Page 3 EXECUTED original, this DEVELOPER/OWNER: ack L.Tucker Trustee Jack L. Tucker Protection Trust STATE OF TEXAS § COUNTY OF NUECES § nd day of OLL4=5 %e r , 2015. This instrument was acknowledged before me on this , day of _1' be , 2015, by Jack L. Tucker. 1 — ^�, DIANA C RAMIREZ My CommissionnExpires November 11, 2017 APPROVED: _ 4I otary Public, State. of Texas This day of , 2015 By: Daniel M. Grimsbo, P.E., AICP Development Services Director APPROVED as to form: By: Julian Grant Senior Assistant City Attorney For City Attorney Sanitary Sewer Connection Agreement Layton Manor, Block 1, Lot 4 Page 4 W V IL CMU Z M 0LU - Jr f - N 0 6 F- 0 4 Q H 3 In 0 >FogE✓ J In 2 rQq 2 IN 04 ry F Ls. n. 0 4- 0 0 j 2 0 z rs wn 13Inf7V'S►-I1,'fii Y A 1T17/3 V 11.3 6S ItaLIZ II'Ni 1oi OCYa►N7i1 'Ay aia 1 3 N ,OI'Oa ss. -0n 80NVNI NOiAV, 1 )1001G '£101 AOOZCI AL.00,90.05 ,009Z0 3,00,9CYZN Ames maw w NM am. mwu 1 51'11114 '£5.-11? '64 '111-10A 6£ N01133S '62 101 i„LI gi dig/ heli la i it N. q i gr :111S 1' 1 ,,.#. higt n v4 5 EXHIBIT 1 LJA Engineering, Inc. 820 Buffalo 81. Corpus Chrisli, TX 78401 TBPE N9 F 1386 September 3, 2015 Phone 361 887.8851 Fax 361 887.8855 www ijaeng neenng.com TB PLS Ns 10016600 City of Corpus Christi Development Services P.O. Box 9277 Corpus Christi, TX 78469-9277 114 SEP 4 2015 1w DEVELOPMENT SERViCiS FPFC.IAL SER'4'OGI5 _ .1 ATTN: Ratna Pottumuthu, P.E. Major Projects Engineer RE: Layton Manor, Block 1, Lot 4(5.027 Acres) —Wastewater System Acreage Fee Waiver Project: 0815113-P027 (15-22000032) Dear Ms. Garcia: On behalf of the developer, UA Engineering, Inc. is requesting that the City waive the Wastewater System Lot/Acreage Fee for Layton Manor, Block 1, Lot 4. Section 8.5.2.G. of the City of Corpus Christi Unified Development Code states that an area not likely to be served by City wastewater services within the next fifteen (15) years is eligible for an exemption if agreed to by the City Council. The nearest wastewater line and manhole is over one mile away and located along Flour Bluff and south of Purdue Road with no current plans to extend the system to the subject property pm Ramfield Road. See Exhibit 'A' for location of waste water line and nearest manhole. Additionally, the adjacent existing property owners utilize septic tanks, and the sanitary sewer design for Layton Manor, Block 1, Lot 4 will utilize a septic tank. Enclosed is a check in the amount of the $60.00 fee for requesting a Wastewater System Lot/Acreage Fee exemption determination. Please let us know if any additional information or processes are required. Please advise as to the next step in obtaining an exemption for Layton Manor, Block 1, Lot 4 from the Wastewater System Lot/Acreage Fee. Sincerely, UA Engineering, Inc. O‘fAtee• Albert Franco, Jr., P.E., RPLS Corpus Christi Survey Manager Revised 12113!11 ME 111x1: k .DY1aiN[Isw %COX Iola IIa - d\11631 - __ ! b• TI••lu•eNnil w••1w M.be Wan a NM CO >oP 2013 113 MI6 n 1 ��� SEP 4 1!J l___.... DE'ELOPMEN1 SERVICES SPECIAL SERVICES 1 • 1111 Iltlld•• �l- —� IlRtll I 1I1i1 11111111'111y ;NM 111111ru11.1 : %ITflj /11111 111111 (lull :Au Julian minim nun IIIIIIr1ARA1p11111r11 11 allaalI111IWI1P A CO: �Rn =uu>lnnT Mel ■ OSO BAY ASTE - PL.A I S�RVI SHORTEST ROUTE 9.570' L GRAPHIC SCALE 1000' 2000' 3000 4000' Exhibit 'A' WASTEWATER SERVICE AREA WALDRON FlELO LEGEND • EXISTING WASTEWATER MANHOLE — EXISTING WASTEWATER UNE • EXISTING WASTEWATER UFT STATION TBPE FIRM REG. NO. F-2037 P.O.Box 2927 (78403) 520 Buffalo Street (79401) Corpus Christi, Texas phone: 361.687.8851 fox•. 381.887.8855 e–moil: rvsOrve–Inc.com engineering -surveying website: www.rve–Inc.com LAYTON MANOR WASTEWATER EXEMPTION REQUEST LOCATION MAP Corpus $!,ri ri troy > SUBJECT (`1,0 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 17, 2015 Second Reading Ordinance for the City Council Meeting of December 8, 2015 DATE: October 28, 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 $10,000 to support the Web Based Emergency Operations Center (WebEOC). CAPTION: Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Advisory Regional Council in the amount of $10,000 for the benefit of the City's WebEOC operations; and appropriating $10,000 from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grant Fund to purchase equipment, services, technical support and training for the Corpus Christi Fire Department's WebEOC. PURPOSE: The Coastal Bend Regional Advisory Council (CBRAC) has forwarded to the City a check as a grant in the amount of $10,000. This is a direct grant for the benefit of the City's WebEOC operations. No application was required. The Office of Emergency Management (EOC) will use the funds to purchase equipment, technical support, training and travel. This is the sixteenth year the Coastal Bend Regional Advisory Council has distributed similar grants to the Corpus Christi Fire Department. These funds originate from the Texas Department of State Health Services and are routed to the Regional Advisory Council for distributions. 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 Finance — Grants and Office of Management and Budget 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 $10,000.00 $10,000.00 BALANCE $10,000.00 $10,000.00 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 $10,00.00. LIST OF SUPPORTING DOCUMENTS: 1) Ordinance Ordinance Authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $10,000 for the benefit of the City's WebEOC operations; and appropriating $10,000 from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grant Fund to purchase equipment, services, technical support and training for the Corpus Christi Fire Department's WebEOC. 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 $10,000 for the benefit of the City's WebEOC operations. SECTION 2. That $10,000 is appropriated in the No. 1062 Fire Grant Fund to purchase equipment, services, technical support and training for the Corpus Christi Fire Department's WebEOC. 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 Public Hearing and First Reading for the City Council Meeting of December 8, 2015 Second Reading for the City Council Meeting of December 15, 2015 DATE: November 17, 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 6425 King Trail CAPTION: Case No. 1015-02 Edward Gonzalez: A change of zoning from the "RE" Residential Estate District to the "RS -22" Single -Family 22 District, resulting in a change to the Future Land Use Map from estate residential uses to low density residential uses. The property is described as Lot 21, Block 2, The Coves at Lago Vista Unit 3, located approximately 1,200 feet east of King Ranch Drive and 600 feet south of the corner of Oso Parkway and Green Jay Court. PURPOSE: The purpose of this item is to rezone the property to allow replatting into lots of one-half acre. RECOMMENDATION: Planning Commission and Staff Recommendation (November 4, 2015): Approval of the change of zoning from the "RE" Residential Estate District to the "RS -22" Single - Family 22 District. BACKGROUND AND FINDINGS: As detailed in the attached report, the property owner wishes to plat the property into three lots that are 0.5 acres in size and one lot over one acre. Easements across the property are limiting development with the existing "RE" Residential Estate one acre minimum lot size. The proposed rezoning deviates from the Future Land Use Map designation but the deviation is not considered significant since the proposed density of a large lot character and proposed uses for single-family are very similar or identical to the designation of Estate Residential in the Comprehensive Plan. The proposed rezoning is consistent with past (2007) rezoning of the Lago Vista subdivision to the north and west allowing a Special Permit to reduce lot sizes in the Estate Residential District to 0.5 acres. It is staffs 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 property to be rezoned is suitable for half -acre lots. 56.68% of the land area within 200 feet of the subject property is represented as opposed to the rezoning. The opposition is comprised of two landowners. Concerns expressed by the neighbors are related to drainage, street access and easements, which would be reviewed during the subdivision platting process. Prior to voting, the Planning Commission advised the applicant to meet with the neighbors opposed. The applicant met with the neighbors, but it appears they did not reach an ultimate resolution. As of November 17, 2015, when this memo was finalized, the opposition remains at 56.68%. Because the opposition is greater than 20%, approval of the "RS -22" Single -Family 22 District will require 3/4 of the council members to vote in favor. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the London Area Development Plan (ADP). The proposed rezoning to the "RS -22" Residential Single -Family District is consistent with the London ADP but not consistent with the adopted Future Land Use Map's designation of the property as Estate Residential with minimum lot sizes of one acre. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission 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 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 Edward Gonzalez ("Owner"), by changing the UDC Zoning Map in reference to Lot 21, Block 2, The Coves at Lago Vista Unit 3, from the "RE" Residential Estate District to the "RS -22" Single -Family 22 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 Edward Gonzalez ("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, October 21, 2015, and November 4, 2015, during meetings of the Planning Commission when the Planning Commission recommended approval of the requested the "RS -22" Residential Estate District, and on Tuesday, December 8, 2015, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Edward Gonzalez ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 21, Block 2, The Coves at Lago Vista Unit 3, located approximately 1,200 feet east of King Ranch Drive and 600 feet south of the corner of Oso Parkway and Green Jay Court (the "Property"), from the "RE" Residential Estate District to the "RS -22" Single -Family 22 District, (Zoning Map No. 046029), 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 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 results in a change to the Future Land Use Map from estate residential to low density residential uses. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance_1015-02 Edward Gonzalez Page 2 of 2 RE 0 400 800 Feet Date Created: 9/28/2015 Prepared By: JeremyM Department of Development Services CASE: 1015-02 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 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP 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 Home4. SUBJECT PROPERTY 111 LOCATION MAP City of Corpus Christi Exhibit "A" PLANNING COMMISSION FINAL REPORT Case No. 1015-02 HTE No. 15-10000059 Planning Commission Hearing Date: November 4, 2015 (Tabled from October 21, 2015) Applicant & Legal Description Applicant/Owner: Edward Gonzalez. Legal Description/Location: Lot 21, Block 2, The Coves at Lago Vista Unit 3, located approximately 1,200 feet east of King Ranch Drive and 600 feet south of the corner of Oso Parkway and Green Jay Court. Zoning Request From: "RE" Residential Estate District To: "RS -22" Single -Family 22 District Area: 4.259 acres Purpose of Request: To allow the property to be replatted into four smaller lots. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RE" Residential Estate Vacant Estate Residential North "RE" Residential Estate/Special Permit Vacant Estate Residential South Outside City Limits Vacant Low Density Residential East "RE" Residential Estate Vacant Estate Residential West "RE" Residential Estate/Special Permit Vacant Estate Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the London Area Development Plan and is planned for estate residential uses or 1 -acre residential lots. The proposed rezoning to the "RS -22" Single - Family 22 District is not consistent with the adopted Future Land Use Map. Map No.: 046029 Zoning Violations: None Transportation Transportation and Circulation: The subject property is currently served by a private utility and access easement along the northeast edge of the property. Once The Coves at Logo Vista Subdivision is completed, the subject property will have direct access to South Oso Parkway along the western edge of the property. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2015) King Trail Local NA Two lanes, no curb gutter or sidewalks NA South Oso Parkway Parkway/Collector 80' ROW, two lanes, hike bike trail None NA Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RE" Residential Estate District with minimum lot size of one acre to the "RS -22" Single -Family 22 District with minimum lot size of 0.5 acres. The property owner wishes to plat the property into three lots that are 0.5 acres in size and one lot over one acre. Easements across the property are limiting development with the existing "RE" Residential Estate one acre minimum lot size. Development Plan: The proposed rezoning is within The Coves at Largo Vista Unit 3 Subdivision. The applicant is proposing a single-family development on the 4.259 -acre tract of land. The rezoning application land use statement indicates a desire to replat the property into four single-family lots. At a minimum, the Unified Development Code would require a 25 -foot wide front yard and 10 -foot rear and side yards for each lot. The subject property currently has access from a 60 -foot wide access easement on the northern edge of the property. In the future South Oso Parkway will abut the western edge of the property. Existing Land Uses & Zoning: To the West and North of the subject property the area is zoned with an "RE" Residential Estate District with a Special Permit allowing a minimum lot size of % acres. The land use to the West and North is a combination of vacant land and a subdivision under construction. East of the subject property is zoned "RE" Residential Estate District and is developed with a single family dwelling. South of the subject property is outside city limits and is vacant King Ranch property. The "RE" Residential Estate District requires setback requires are: 50 foot front yard; 25 side yard; and 15 foot rear yard. The "RS -22" Residential 22 District setbacks are: 25 foot front yard; 10 side and rear yards. 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 London Area Development Plan (ADP). The proposed rezoning to the "RS -22" Residential Single -Family District is consistent with the London ADP but not consistent with the adopted Future Land Use Map's designation of the property as Estate Residential with minimum lot sizes of one acre. Planning Commission Final Report Page 3 While the land use designation is not exactly consistent with the Future Land Use designation, the proposed density is substantially less than standard urban residential densities and should still be considered a "large lot" residential density more similar to densities found in Estate Residential than found in Low Density Residential Development land use categories. Additionally, the following are pertinent elements of the Comprehensive Plan and should be considered: - The density of development in an area should be directly related to the design capacity of the infrastructure. (Policy Statements — General. Policy F.) Since there is no municipal wastewater service in this area, the minimum lot size will allow development to occur and still meet minimum lot size standards for on-site waste disposal systems. - Each neighborhood of the City shall be protected and/or improved so as to be a desirable and attractive residential environment. (Policy Statements — Residential. Policy A.) Development in the area is of a large lot character as proposed by this rezoning. - The London Area Development Plan suggested that the city discourage on-site waste disposal systems due to the low permeability of the Victoria Clay soils in the area. While the proliferation of on-site waste disposal systems remains a concern, a municipal wastewater system to serve the area is unlikely in the foreseeable future. - Provide flood plain management to reduce erosion, peak flows, and poor water quality. (Policy Statements — Stormwater System. Policy B.) The property location is very near the Oso Creek. Large lot development is generally preferable in this location as there is less impervious service associated with large lots (compared with smaller lots/high density development) and, therefore, less urban runoff will flow directly into Oso Creek. Plat Status: The subject property is platted, however, the property owner wishes to replat Lot 21 into smaller lots. The property owner has indicated the desire to replat into four lots. The RS -22 District will allow Lot 21 to be replatted into a maximum of eight lots. Department Comments: • The proposed rezoning deviates from the Future Land Use Map designation but the deviation is not considered significant since the proposed density of a large lot character and proposed uses for single-family is very similar or identical to the designation of Estate Residential in the Comprehensive Plan. • The proposed rezoning is consistent with recent (2007) past rezoning of the Lago Vista subdivision to the North and West allowing a Special Permit to reduce lot sizes in the Estate Residential District to 0.5 acres. • 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 property to be rezoned is suitable for half -acre lots. Planning Commission Final Report Page 4 Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RE" Residential Estate District to the "RS - 22" Single -Family 22 District. Public Notification Number of Notices Mailed — 10 within 200 -foot notification area 2 outside notification area As of November 17, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 7 inside notification area — 0 outside notification area Totaling 56.68% 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\1015-02 Lago Vista Unit 3 (Ed Gonzalez)\Council Documents\Report for CC_1015-02 Edward Gonzalez.docx 0 9 400 800 Feet Date Created: 9/28/2015 Prepared By: JeremyM Department of Development Services CASE: 1015-02 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 SUBJECT PROPERTY N s LOCATION MAP City of Corpus Christi Qus cy' 44 i I ~ 1. �� `' 1igi 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.: 1015-02 Map No: 046029 10/21/15 Pro M r Bob Payne PC Hearing Date: j. g 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 APPUCATIONS WILL NOT BE ACCEPTED. 1. Applicant: Edward Gonzalez Contact Person : Victor S. Medina Mailing Address: P.O. Box 7129 City: Corpus Christi State: TX ZIP: 78414-3981 Phone: ( ) E-mail: ' Cell: (361 ) 563-9977 2. Property Owner(s): Edward Gonzalez Contact Person : Victor S. Medina Mailing Address: 6113 Queen Jane Street City: Corpus Christi State: TX ZIP: 78414-3981 Phone: ( ) E-mail: Cell: (361 ) 563-9977 3. Subject Property Address: 6425 King Trail Area of Request (SF/acres): Current Zoning & Use: RE - Residential Proposed Zoning & Use: RS -22 - Residential 12 -Digit Nueces County Tax ID: 1956 - 0002 - 0210 Subdivision Name: Lago Vista Unit 3 Block: 2 Lot(s): 21 Legal Description if not platted: 4. Submittal Requirements: Date Held June 3, 2015 ; with City Staff Mark Orozco o Early Assistance Meeting: 0 Land Use Statement 0 Disclosure of Interest 0 Copy of Warranty Deed IF APPLICABLE: is inconsistent with exhibit landowner ■ Peak Hour Trip Form (if request with Future Land Use Plan) ■ Site Plan for PUD or Special Permit ■ Metes & Bounds Description if property includes un -platted land (sealed by RPLS) ■ Lien Holder Authorization is not signing this form o Appointment of Agent Form if I certify that I have provided the City r on beha of Corpus i e Christi with a complete application for review that I am authori - • : initiate this rezoning the Property Owner(s); and th - ' r.::.-. on pr is - - r rate. — Applicant's Signature Edward Gonzalez Owner or . • - • - . Edward Gonzalez Owner or Agent's Printed Name Applicant's Printed Name Office Use Only: Date Received: A/7R/1 5 Received By: BKP ADP: London Rezoning Fee: 1692.50 + PUD Fee 0 + Sign Fee 10.00 = Total Fee 1702.50 No. Signs Required 1 @ $10/sign ign Posting Date: 10/6/15 KIDEVELOPMENTSVCS\SHAREDILAND DEVELOPMENTIAPPLICATIONFORMSIREZONINGIZONING APPLICATION 2015.DOC Form Revised 5/12/2015 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. Reduction in the size of residential lots for the purpose of re -platting 4.259 acres into (4) smaller Tots so as to comply with RS -22 zoning requirements. 2. Identify the existing land uses adjoining the area of request: North - RE - Residential South N/A - No present zoning East RE - Residential West - RE - Residential C:\USERSITANYAR.0001DESKTOPIDAILY USEWNNIKAILAND USE STATEMENT FOR ZONING.DOC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Edward Gonzales STREET: 6113 Queen Jane Street CITY: Corpus Christi ZIP: 78414-3981 FIRM is: O 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 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE [certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Edward Gonzales (Print Name) Signature of Certifying Perso Title: OWNER Date: 8/7-(715` K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\APPLICATION FORMS\REZONING\DISCLOSURE OF INTERESTS STATEMENT_5.12.2015.DOC APPOINTMENT OF AGENT As owner of the subject property, I hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: Victor S. Medina Mailing Address: P.O. Box 7129 City: Corpus Christi State: TX Zip: 78467-7129 Home Phone: ( ) Business Phone: ( ) Cell: ( 361 ) 877-1255 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. 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 has less than full authority to act, then the application may be suspended and I will have to personally participate in the disposition of the application. I understand that all communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, I agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising from this matter. If my property is owned by a corporation, partnership, venture, or other legal entity, then I certify that I have the legal authority to make is binding appointment on behalf of the entity, and every reference herein to "I", "my", or "me" is a r-fe -n e to the ;z' tity. *Signature of Agent: Printed/Typed Name of Agent:6 Victor S. Medina Date: 7z///5 Title: RPLS *Signature of Property Owner Printed/Typed Name of Property Owner: Edward Gonzalez Date: Title: Owner *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.APPOINTMENT OF AGENT2-19-09.doc CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christ 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"_ FIRM NAME 1' G � 711D/4)/01 r D/')/01A STREET: Z9, c456)< 7 / ZT CITY: i s C/�2/ ,1'/ ZIP: —7�f�4(7 2. Partnership 3. Sole Owner ✓ 4. Association FIRM is: 1, Corporation 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this 'Sage or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name%.. Job Title and City Department (if known) / 2. State the names of each 'official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Titte N 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 W/W 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 ownershipan-the-above named"3irm". Name N/W 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, Te =s as changes occur. Certifying Person: / - /' ' 1/t.lta Title: /enoge5Cz">ran✓� fQ (Type or Print) e9w'v6✓ of CertifyingPerson: - Date. 1.//‘//q - Signature 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". FIRM NAME fr/e4,fr:::A, !Z STREET: 3-0 r� � CITY: 6%/;3111 1 icA S ZIP: , `763 /5" FIRM is: 1. Corporation 2. Partnership 3. Sole Owner 4. Association byes c �• ✓1ee.14,1- 7L S 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) 5. Other 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-theabove named"firm". Mame 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 Chririssi Texas as changes occur. `Uyl,�'iv t v� L Certifying Person: T7t�✓i1 ,+/�c Title: I./ ✓lam /'' �-TS Date: / (/1 -5 - (Type or Print) Signature of Certifying Person: Betty P. City of Corpus Christi Development Services Department P.O. Box 9277 Corpus Christi, TX 78469-9277 Betty, I am writing in protest of the zoning change Case No. 1015-02 Edward Gonzalez. I am an adjacent landowner and respectfully request that the rezone of this subject tract not be accepted nor approved. Listed below are the items for the basis of my protest: • Flood Zone issues, inadequate drainage from subject property onto my prpoerty • Easement issues on the subject property that are granted to myself • Access to the subject property, easement issues • Maintenance on the easement access • Schedule of future City Streets accessing the subject property Respectfully, Frank Tom Shumate Jr. 6118 King Trail Corpus Christi, TX 78414 FID #'s 1 and 3 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 v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la iunta 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 diriairse a la commission durante la junta v su irides es limitedo. favor de !lamer al departamento de servicios de desarrollo al niumero (361) 826-3240 al menos 48 horas antes de la junta para solicitor un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1015-02 Edward Gonzalez has petitioned the City of Corpus Christi to consider a change of zoning from the "RE" Residential Estate District to the "RS -22" Single -Family 22 District, resulting in a change to the Future Land Use Map from estate residential uses to !ow density residential uses. The property to be rezoned is described as: Lot 21, Block 2, The Coves at Lago Vista Unit 3, located approximately 1,200 feet east of King Ranch Drive and 600 feet south of the corner of Oso Parkway and Green Jay Court 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. October 21, 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: .rr.IA_ 1& S; j,41,- 611 k 0.5 /ta,1 ( ) IN FAVOR ( ) IN OPPOSITION til. - 1 i,)1 e:-(91)2015 u i 11 i y Y S;c_-1�'IGES C � � i -4, � f� i jll `. [i - REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 3 HTE# 15-10000059 City/State: 4)-72a% Phone: 3 ( /— k/(a ` S . 7( L Signature Case No. 1015-02 Project Contact: Bob Payne City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 1 1 fr 3 425000320125 SHUMATE FRANK THOMAS TRUST NO 2 8253 King Ranch Dr CORPUS CHRISTI, TX 78414 100 a ▪ �"L/= . a ® RIMY BOWLS 02 1M $ 00.485 0004287110 CCT09 2015 MAILED FROM ZIP CODE 78412 DM* Creamd 11?17011 Prepared ley -Jemmy& Dgoahmrmo.r DywykRamtne Stymy, CASE: 1015-02 SUBJECT PROPERTY WITH ZONING Subject Property 114.0 4udd.mlly 1 R4.2 IAand.mlq 2 R31•7 Wltdamlly0 O h PtOlrltlelul OHitl RM AT MWlltamlly AT C 0.I Neighborhood Commercial CN•2 Neighborhood Camr.rsUl CR t Rnwl CommercNl CR 0 R.lert Comm.rclal CG4 G.ner.lCmin.reNl CG -2 Gen4r4ICammereul C; *mauve Cormerclal CBC Garmarn CommereLN CR4 Reaort Camm.rclel FR Film RumI N NI.Iar10 Gnr1.y O R Rushes, P.r. 4 1.1641 Mammal IN Nolq Ir4..Hnel PUO Planned INR Ore Or.rloy R3-10 3mgN•Family 10 R4.1 $Ir0I.-Fam11r 4 R34 3 Omgle-F.m11y 4 0 RS•TF Tr.-F.m0Iy R3•10 Srgl.•Famuy 13 RR Rreiden1Nl FILM. RS-TH Townhaule SP 12pe01•I Perms py RNr.allon.I Vshlpe Perk 11404 Wnu/serured Nom. Pr s<r. - • - III Suer CT PROPEkTY w IILOCATION MAPI rS 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 iunta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la iunta 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 usted desea diriairse a la commission durance la iunta v su incles es limitado, favor de !lamer al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la iunta para solicitar un interprete ser presente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1015-02 Edward Gonzalez has petitioned the City of Corpus Christi to consider a change of zoning from the "RE" Residential Estate District to the "RS -22" Single -Family 22 District, resulting in a change to the Future Land Use Map from estate residential uses to low density residential uses. The property to be rezoned is described as: Lot 21, Block 2, The Coves at Lago Vista Unit 3, located approximately 1,200 feet east of King Ranch Drive and 600 feet south of the corner of Oso Parkway and Green Jay Court 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, October 21, 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: 8 ,_ Address: 6 l% t 77G_ , L city/State: Tx ( ) IN FAVOR ( ) IN OPPOSITION Phone: .( /` REASON: D C PAW OCT 202015 DEVELOPMENT SERVICES SPEC" _ SERVICES SEE MAP ON REVERSE SIDE Property Owner ID: 1 HTE# 15-10000059 Case No, 1015-02 Project Contact: Bob Payne Roo Fein City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 1 425000320100 SHUMATE FRANK THOMAS TRUST NO 2 8253 King Ranch Dr CORPUS CHRISTI, TX 78414 SSP Pc 4 - Rem. �_, Y BOW 02 1M $ 00.486 0004287110 CCT09 2015 MAILED FROM ZIP CODE 78412 Dela Cre.lad. 0.7L7011 Prepared By ..,xmy.r OrPexmrm of Oq•.ropnrem 7arlc.e CASE: 1015-02 SUBJECT PROPERTY WITH ZONING SubjaCt Prapeny 1114.1 WllllemIly 1 RM.7 nultdamlhi PO -3 alunit.mlry 3 OH Prafea.lons Milos 1111#1Yunllamlly AT :N•T INIgnOmh1aa Cammer1lal C147 RelpnOor heart Commercial CR 1 R.ewl Commercial C11-2 Rosen Comments' C0.1 General Comme-1.lal C0.7 Gomm" Cemm1rlll11 CI M1nalr. Camme1lal CRO Downtown Comme4lal CA Resort Commercial FR Farm Rural 11 H1.1orl1 Overlay RP Ru.m.0 Park l LIOhl Mantra.' 114 IN.ry Irlau4rn44 PUD Planned Una Der Overlay 1134I 41n34-F.m114 4O Rbc 61ng14.mlly e 113-4 4 31n34 Fanny 11 113 -TF two -Fanny 113.114 31n3. -Family 44 RE Resl.anrlal E.uw R3411 Tawmmu.e 3P Spoon P.rm11 ply Recreatlanal *4441. Pack I4FN nonufa0hr.4 Hem ro 4141 'lar suerlcr.„,,j2 PROPERTY ,LOCATION MAP. a3 City or CoChristi .51 Persians -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 intencibn de asistir a esta iunta y que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la iunta 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 m- - • • dusted desea dirigirse a la commission durante la 'unta su in.I- es limitado. favor de Ilamar al de.: i -nip, de servicios • e rr to al numero (361) 826-3240 al menos 48 h • as antes de la junta para solicit tg'sef,,pLes&r e ddr a nta. OCT 2 6 2015 DEVELOPMENT SERVICES SPECIAL SERVICES CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1015-02 DEVEL SPE, Edward Gonzalez has petitioned the City of Corpus Christi to consider a change of zoning from the "RE" Residential Estate District to the "RS -22" Single -Family 22 District, resulting in a change to the Future Land Use Map from estate residential uses to low density residential uses. The property to be rezoned is described as Lot 21, Block 2, The Coves at Lago Vista Unit 3, located approximately 1,200 feet east of King Ranch Drive and 600 feet south of the corner of Oso Parkway and Green Jay Court 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, October 21, 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: A/ 44. 14 Sc Address: 6431 4e wIi- 'w 1 ye' City/State: &R ,! r 'o_v_a , 741(.4d ( ) IN FAVOR ( N OPPOSITION Cs-5-7A,c-s) Phone: 36 / es -lie 42 -02 - REASON: /5 /tIO r Cerry 2 fs r- -- w /774- OEsve20Pm- v o'( 7.d;- ,SLI / o q ni -o 1 yJ 1-Cn-ecr ' 7 J e S /0,0y2Gez T , STAFF NOTE: FID#'S 0,6,7,8,9 Signature SEE MAP ON REVERSE SIDE Property Owner ID: «FID» HTE# 15-10000059 Case No 1015-02 Project Contact Bob Payne Aerial Overview Aerial RE - S P/U7 SUBJECT PROPERTY AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of Dec. 8, 2015 Second Reading Ordinance for the City Council Meeting of Dec. 15, 2015 DATE: TO: Ronald L. Olson, City Manager November 9, 2015 FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Acceptance of a check from Koch Companies Public Sector, LLC in the amount of $10,000.00 as a donation from their 2015 Helping Heroes Grant Program. CAPTION: Ordinance authorizing the City Manager or designee to accept a grant from Koch Companies Public Sector, LLC 2015 Helping Heroes Grant Program in the amount of $10,000.00 to be used to purchase Hazmat Communication System Equipment; and appropriating $10,000.00 from Koch Companies Public Sector; LLC into the Fire Grant Fund No. 1062. PURPOSE: Koch Companies Public Sector, LLC has forwarded to the Corpus Christi Fire Department a check in the amount of $10,000 as a grant from their Helping Heroes Grant Program. The funds are to be used to purchase Hazmat Communication System Equipment to assist firefighters in mitigating Hazardous Material Incidences. The grant was unsolicited. This is the second year in a row that Koch Companies have awarded the Fire Department $10,000. 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 Finance — Grants and Office of Management and Budget. 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 $10,000.00 $10,000.00 BALANCE $10,000.00 $10,000.00 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 $10,000. LIST OF SUPPORTING DOCUMENTS: 1) Ordinance Ordinance authorizing the City Manager or designee to accept a grant from Koch Companies Public Sector, LLC 2015 Helping Heroes Grant Program in the amount of $10,000.00 to be used to purchase Hazmat Communication System Equipment; and appropriating $10,000.00 from Koch Companies Public Sector; LLC into the Fire Grant Fund No. 1062 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 Koch Companies Public Sector, LLC 2015 Helping Heroes Grant Program in the amount of $10,000.00 to be used to purchase Hazmat Communication System Equipment. SECTION 2. That $10,000.00 from Koch Companies Public Sector, LLC is appropriated in the Fire Grant Fund No. 1062 to be used to purchase Hazmat Communication System Equipment. 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 December 8, 2015 Second Reading Ordinance for the City Council Meeting of December 15, 2015 DATE: November 5, 2015 TO: 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 -Federal (TB/PC-FED) grant amendment increasing the total grant amount to $64,693, with an increase in the city match to $12,939, for a total project cost of $77,632, for the amended contract period September 1, 2014 through December 31, 2015; authorizing the transfer of $3,235 from Fund No. 1020 to Fund No. 1066; and ratifying acceptance of the amended grant agreement to begin September 1, 2015. CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Tuberculosis Prevention and Control -Federal (TB/PC-FED) grant increasing the total amount to $64,693, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund, with an increase in the city match to $12,939, for a total project cost of $77,632, for the amended contract period September 1, 2014, through December 31, 2015; authorizing the transfer of $3,235, from the No. 1020 General Fund to the No. 1066 Health Grants Fund, appropriating the increased cash match and increased grant amount; and ratifying acceptance of the amended 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 extended the grant period by four months to run through December 31, 2015 and increased the amount of the grant from $48,520 to $64,693 to provide an additional $16,173 for personnel costs, supplies and other expenses to offer services and associated activities to prevent and control tuberculosis for an additional four months within the jurisdiction of the Corpus Christi-Nueces County Public Health District. Because the grant requires a 20% cash match equal to the total amount of the grant awarded; the required cash match must be increased to $12,939. ALTERNATIVES: Refuse the grant and discontinue offering services to prevent and control tuberculosis in the community. OTHER CONSIDERATIONS: None FINANCIAL IMPACT: ❑ Operating x Revenue x 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 $77,632 $77,632 BALANCE $77,632 $77,632 Fund(s): Comments: None 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: Ordinance Contract No. 2015-002508-01 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Tuberculosis Prevention and Control -Federal (TB/PC-FED) grant increasing the total amount to $64,693, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund, with an increase in the city match to $12,939, for a total project cost of $77,632, for the amended contract period September 1, 2014, through December 31, 2015; authorizing the transfer of $3,235, from the No. 1020 General Fund to the No. 1066 Health Grants Fund, appropriating the increased cash match and increased grant amount; and ratifying acceptance of the amended 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 an amended grant amount of $16,173, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the amended contract period of September 1, 2014 through December 31, 2015, to provide tuberculosis prevention and control services. Section 2: That the increased grant amount of $16,173, is appropriated in the No. 1066 Health Grants Fund to continue the TB -PC -FED grant in the Health Department. Section 3: The transfer of $3,235, from the No. 1020 General Fund to the No. 1066 Health Grants Fund, appropriating the same for a total project cost of $77,632. Section 4: The amendment includes minor revisions to Section I. Statement of Work, A. Provision of Services; Section II. FY15 Performance Measures: Billing Instructions; and the General Provisions, Article II. Compliance Reporting, Section 2.06. Section 5: Further the City Council ratifies acceptance of the grant amendment 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 2015-002508-01 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 $64,693.00. 3. Funding Obligation: This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract. 4. Term of the Contract: This Contract begins on 09/01/2014 and ends on 12/31/2015. DSHS has the option, in its sole discretion, to renew the Contract. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 5. Authority: DSHS enters into this Contract under the authority of Health and Safety Code, Chapter 1001. 6. Program Name: TB/PC-FED Tuberculosis Prevention and Control -Federal Page 1 of 16 7. Statement of Work: SECTION 1. STATEMENT OF WORK: This contract amendment is due to additional funding to extend the contract for four months, due to the unbundling of contracts. A. PROVISION OF SERVICES: Throughout Contractor's defined service area, Contractor shall develop and provide services and associated activities for the prevention and control of tuberculosis (TB) in accordance with federal funding requirements, 93.116 - Project Grants & Cooperative Agreements for Tuberculosis Control Programs. Contractor shall perform activities required under this Program Attachment in the Service Area designated in the most recent version of Section 8. "Service Area" of this contract. Contractor shall not use funds under this contract to support clinical care such as physician and nursing services or medication purchases. Contractor may use funds under this contract to support any or all of the following activities: • Directly observed therapy (DOT); • Contact Investigations; • Contact Reviews; • Surveillance; • Reporting; • Data analyses; • Cluster investigations; and/or • Provider Education. Funds under this contract may support full time employees (FTEs) based on the percentage of time involved in performing any of the above activities or to support contractual activities such as DOT. Contractor shall provide services outlined above in compliance with the following: • DSHS Tuberculosis Work Plan, http://www.dshs.state.tx.us/idcu/disease/tb/policies/ • DSHS Standards of Performance for the Prevention and Control of Tuberculosis, http://www.dshs.state.tx.uslIDCU/disease/tb/publicationsfSOP-2014-final.doc; • American Thoracic Society (ATS) and Centers for Disease Control and Prevention (CDC) joint statements on diagnosis, treatment and control of TB, http://www.cdc.gov/mmwr/preview/mmwrhtml/rr5211al.htm; • Diagnostic Standards and Classification of Tuberculosis in Adults and Children, (American Journal of Respiratory and Critical Care Medicine), Vol. 161, pp. 1376-1395, 2000) http://ajrccm.atsjournals.org/cgi/reprint/161/4/1376; • Treatment of Tuberculosis, (ATS/CDC/IDSA), 2003, http://www.cdc.gov/mmwr/preview/mmwrhtml/rr5211al.htm; • Targeted Tuberculin Testing and Treatment of Latent TB Infection (LTBI), Morbidity and Mortality Weekly Report, Vol. 49, No. RR -6, 2000, http://www.cdc.gov/mmwr/PDF/rr/rr4906.pdf; • Updated: Adverse Event Data and Revised ATS/CDC Recommendations Against the Use of Rifampin and Pyrazinamide for Treatment of Latent Tuberculosis Infection -- United States, 2003, MMWR 52 (No. 31), http:llwww.cdc.gov/mmwr/preview/mmwrhtmllmm5231a4.htm; Page 2 of 16 • Controlling Tuberculosis in the United States, MMWR, Vol. 54, No. RR -12, 2005 http://www.cdc.govlmmwr/preview/mmwrhtml/rr5412a1.htm; and • Guidelines for the Prevention and Treatment of Opportunistic Infections Among HIV -Exposed and H1V-Infected Children, http://www.cdc.gov/mmwr/pdf/rr/rr58e0826.pdf. Contractor shall comply with all applicable federal and state regulations and statutes, including, but not limited to, the following: • Texas Tuberculosis Code, Health and Safety Code, Chapter 13, Subchapter B; • Communicable Disease Prevention and Control Act, Texas Health and Safety Code, Chapter 81; • Screening and Treatment for Tuberculosis in Jails and Other Correctional Facilities, Health and Safety Code, Chapter 89; • Texas Administrative Code TAC, Title 25, Part 1, Chapter 97, Subchapter A, Control of Communicable Diseases. and • Texas Administrative Code TAC, Title 25, Part 1, Chapter 97, Subchapter H, Tuberculosis Screening for Jails and Other Correctional Facilities. Contractor shall perform all activities under this Renewal Program Attachment in accordance with Tuberculosis and Refugee Health Services Branch, Tuberculosis Work Plan and detailed budget as approved by DSHS. Contractor must receive written approval from DSHS before varying from applicable procedures in the final approved work plan, and must update its implementation documentation within forty-eight (48) hours of making approved changes so that staff working on activities under this contract knows of the change(s). DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. DSHS will monitor Contractor's expenditures on a quarterly basis. If expenditures are below what is projected in Contractor's total Renewal Program Attachment amount, Contractor's budget may be subject to a decrease for the remainder of the Contract term. Vacant positions existing after ninety (90) days may result in a decrease in funds. Use of Funds: Contractor will be subject to adjustments in award amounts based on changes to the number of clients served, utilization of funds, or other factors. Contractor shall provide a match of no less than 20% of the DSHS share of the total budget reflected in the Program Attachment. Contractor shall provide match at the required percentage or DSHS may hold payment vouchers, use administrative offsets, or request a refund from Contractor until such time as the required match ratio is met. No federal or other grant funds can be used as match. Contractor shall not use DSHS funds or matching funds (including in-kind contributions) for: 1. Food; 2. Incentives; 3. Entertainment; or 4. Sectarian worship, instruction, or proselytization. Contractor shall: 1. Lapse no more than 5% of the total funded amount of the contract. 2. Maintain and adjust spending plan throughout the contract term to avoid lapsing funds. Page 3 of 16 3. Maintain staffing levels to meet required activities of the contract and to ensure all funds in personnel category are expended. Contractor's budget shall include costs to cover required TB trainings and continuing education training. Contractor is allocated $16,173.33 from September 1, 2014 — December 31, 2014. Contractor is allocated $48,519.67 from January 1, 2015 — December 31, 2015. Expenditures must not exceed the above allocated amounts within the specified timeframes. B. REPORTING: Contractor shall provide a complete and accurate Annual Progress Report covering the period from January to December 2014, in the format provided by DSHS, demonstrating compliance with requirements of the Program Attachments during that time period. The report shall include, but not limited to, a detailed analysis of performance related to the performance measures listed below. The Contractor's Annual Progress Report shall not be combined with another Contractor's or health service region's Annual Progress Report. The report is due February 13, 2015, and shall be sent to the TB Reporting Mailbox - TBContractReporting@dshs.state.tx.us. Any individual -level patient data this will need to be sent to Public Health Information Network (PHIN). Contractors can mail the Annual Progress Report to their DSHS health service region thereby authorizing them to submit the report on their behalf. If the Contractor sends the report to DSHS health service region, the deadline for submission to TB and Refugee Health Services Branch remains unchanged. Contractor shall maintain documentation used to calculate performance measures as required by General Provisions Article VIII "Records Retention" and by Texas Administrative Code Title 22, Part 9 Chapter 165, §165.1 regarding the retention of medical records. Contractor shall adhere to reporting requirements documented in the Tuberculosis Work Plan and the CDC Tuberculosis Surveillance Data Training Report of Verified Case of Tuberculosis (RVCT) instruction Manual available at, http:llwww.cdc.govltblprogramslrvct/lnstructionManual.pdf. C. TRAINING: Contractor shall provide orientation and training to all employees involved in TB activities including physicians, nurses, contact investigators, outreach workers, case registry staff, receptionists, and other support staff. Within ninety (90) days of employment, all newly hired employees shall complete required TB training specific to their duties and responsibilities. Refer to the Tuberculosis Work Plan for required trainings for newly hired employees. Each year, employees that provide TB services shall receive sixteen (16) hours of continuing education or training relevant to their position. Documentation of all training (including the hours, topics, and dates) shall be retained for each employee who delivers TB services and made available upon request by DSHS Tuberculosis and Refugee Health Services Branch and listed in detail in the Accomplishments section of the Annual Progress Report. Contractor's case registry staff shall attend annual medical records conference and workshop to obtain the latest records management procedures. D. COHORT REVIEWS: Contractor shall conduct cohort reviews as described in the Tuberculosis Work Plan. Contractor shall submit all required documents for cohort reviews as noted in the TB Work Plan including but not limited to the Cohort Summary Report and Cohort Presentation Form using the following Cohort Period and Submission Schedule: Page 4 of 16 Cohort Period & Submission Schedule Cohort Period Cases Counted In: lst quarter (Jan 1 to Mar 31) current year 2nd quarter (Apr 1 to June 30) current year 3rd quarter (July 1 to Sep 30) current year 4th quarter (Oct 1 to Dec 31) current year Are reviewed and reported by: March 31 of the following year June 30 of the following year September 30 of the following year December 31 of the following year SECTION II. FY15 PERFORMANCE MEASURES: The following performance measures will be used to assess, in part, Contractor's effectiveness in providing the services described in this Renewal Program Attachment, without waiving the enforceability of any of the other terms of the contract or any other method of determining compliance: 1. Cases, and suspected cases, of TB under treatment by Contractor shall be placed on timely and appropriate Direct Observed Therapy (DOT). For FY15 reporting, data will cover all cases from calendar year 2014 (1/1/2014 -12/31/2014). A compliance percentage of not less than 90% is required. If data indicates a compliance rate percentage for this Performance Measure of less than 90%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 2. Newly diagnosed TB cases that are eligible* to complete treatment within 12 months shall complete therapy within 365 days or less; *Exclude TB cases 1) diagnosed at death, 2) who die during therapy, 3) who are resistant to Rifampin, 4) who have meningeal disease, and/or 5) who are younger than 15 years with either miliary disease or a positive blood culture for TB. For FY15 reporting, data will cover all cases from calendar year 2013 (1/1/2013 -12/31/2013). A compliance percentage of not Tess than 86% is required. If data indicates a compliance percentage for this Performance Measure of less than 86%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 3. TB cases with initial cultures positive for Mycobacterium tuberculosis complex shall be tested for drug susceptibility and have those results documented in their medical record. For FY15 reporting, data will be drawn from calendar year 2013 (1/1/2013 -12/31/2013). A compliance percentage of not less than 97.6% is required. If data indicates a compliance percentage of less than 97.6%for this Performance Measure then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 4. Newly -reported cases of TB with Acid-fast Bacillis (AFB) positive sputum culture results will have documented conversion to sputum culture -negative within 60 days of initiation of treatment. For FY15 reporting, data will be drawn from calendar year 2013 (1/1/2013 -12/31/2013). A compliance percentage of not less than 46% is required. If data indicates a compliance percentage of less than 46% for this Performance Measure, then DSHS may Page 5 of 16 (at its sole discretion) require additional measures be taken by contractor to improve the percentage, on a timeline set by DSHS; 5. Newly -reported TB cases shall have an HIV test performed (unless they are known HIV- positive, or if the patient refuses) and shall have positive or negative HIV test results reported to DSHS according to the schedule provided herein. For FY15 reporting, data will be drawn from calendar year 2014 (11112014 -12/31/2014). A compliance percentage of not Tess than 82% is required. If fewer than 82% of newly reported TB cases have a result of an HIV test reported, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 6. Newly -reported suspected cases of TB disease shall be started in timely manner on the recommended initial 4 -drug regimen. For FY15 reporting, data will be drawn from calendar year 2014 (1/1/2014 -12/31/2014). A compliance percentage of not Tess than 93.4% is required. If fewer than 93.4% of newly -reported TB cases are started on an initial 4 -drug regimen in accordance with this requirement, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 7. Newly -reported TB patients with a positive AFB sputum -smear result shall have at least three contacts identified as part of the contact investigation that must be pursued for each case. For FY15 reporting, data will be drawn from calendar year 2014 (1/1/2014 -12/31/2014). A compliance percentage of not less than 90% is required. If data indicates a compliance percentage for this Performance Measure of less than 90%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 8. Newly -identified contacts, identified through the contact investigation, that are associated with a sputum AFB smear -positive TB case shall be evaluated for TB infection and disease. For FY15 reporting, data will be drawn from calendar year 2013 (1/1/2013 -12/31/2013). A compliance percentage of not less than 82% is required. If data indicates a compliance percentage for this Performance Measure of less than 82%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 9. Contacts, identified through the contact investigation, that are associated with a sputum AFB smear -positive case and that are newly diagnosed with latent TB infection (LTBI) shall be started on timely and appropriate treatment. For FY15 reporting, data will be drawn from calendar year 2013 (1/1/2013 -12/31/2013). A compliance percentage of not less than 67.5% is required. If data indicates a compliance percentage for this Performance Measure of less than 67.5%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 10. Contacts, identified through the contact investigation, that are associated with a sputum AFB smear -positive case that are newly diagnosed with LTBI and that were started on treatment shall complete Page 6 of 16 treatment for LTBI as described in Targeted Tuberculin Testing and Treatment of Latent TB Infection (LTBI), Morbidity and Mortality Weekly Report, Vol. 49, No. RR -6, 2000, and according to the timelines given, therein. For FY15 reporting, data will be drawn from calendar year 2013 (1/1/2013 -12/31/2013). A compliance percentage of not less than 47.5% is required. If data indicates a compliance percentage for this Performance Measure of less than 47.5%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 11. Newly -reported TB patients that are older than 12 -years -old and that have a pleural or respiratory site of disease shall have sputum AFB -culture results reported to DSHS according to the timelines for reporting initial and updated results given herein. For FY15 reporting, data will be drawn from calendar year 2014 (1/1/2014 -12/31/2014). A compliance percentage of not less than 90.5% is required. If data indicates a compliance percentage for this Performance Measure of less than 90.5%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 12. Increase the proportion of culture -confirmed TB cases with a genotyping result reported. For FY15 reporting, data will be drawn from calendar year 2014 (1/1/2014 -12/31/2014). A compliance percentage of not less than 94.2% is required. If data indicates a compliance percentage for this Performance Measure of less than 94.2%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 13. For Class B immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB, increase the proportion who initiate medical evaluation within 90 days of arrival. For FY15 reporting, data will be drawn from calendar year 2013 (1/1/2013 -12/31/2013). A compliance percentage of not less than 56% is required. Measure of less than 56%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 14. For Class B immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB and who are diagnosed with latent TB infection (LTBI during evaluation in the US, increase the proportion who start treatment. For FY15 reporting, data will be drawn from calendar year 2013 (1/1/2013 -12/31/2013). A compliance percentage of not less than 66% is required. Measure of less than 66%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 15. For Class B immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB and who are diagnosed with latent TB infection (LTBI during evaluation in the US and started on treatment, increase the proportion who complete LTBI treatment. For FY15 reporting, data will be drawn from calendar year 2013 (1/1/2013 -12/31/2013). A compliance percentage of not less than 67% is required. Measure of less than 67%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; and Page 7 of 16 16. All reporting to DSHS shall be completed as described herein under Section I -B above and submitted by the deadlines given. If Contractor fails to meet any of the performance measures, Contractor shall furnish in the narrative report, due February 13, 2015, a written explanation including a plan (with schedule) to meet those measures. This requirement does not excuse any violation of this Contract, nor does it limit DSHS as to any options available under the contract regarding breach. BILLING INSTRUCTIONS: Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13) and acceptable supporting documentation for reimbursement of the required services/deliverables. Vouchers and 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 is to also send the invoice and supporting documentation as applicable to: CMUinvoices@dshs.state.tx.us. Page 8 of 16 8. Service Area Nueces County Page 9 of 16 This section intentionally left blank. Page 10 of 16 10. Procurement method: Non -Competitive Interagency/Interlocal GST -2012 -Solicitation -00064 FY14 TB/FED 11. Renewals: Number of Renewals Remaining: 0 Date Renewals Expire: 12/31/2015 12. Payment Method: Cost Reimbursement 13. Source of Funds: 93.116, 93.116, 93.116 14. DUNS Number: 069457786 Page 11 of 16 15. Programmatic Reporting Requirements: Report Name Frequency Period Begin Period End Due Date Narrative Reprt Annually January 1, 2014 December 31, 2014 February 13, 2015 Financial Status Quarterly September 1, 2014 December 31, 2014 February 2, 2015 Reports (FSRs) & Match ReimbursementlC ertification Forms (B-13As) Financial Status Quarterly January 1, 2015 February 28, 2015 March 30, 2015 Reports (FSRs) & Match ReimbursementlC ertification Forms (B-13As) Financial Status Quarterly March 1, 2015 May 30, 2015 June 30, 2015 Reports (FSRs) & Match ReimbursementlC ertification Forms (B-13As) Financial Status Quarterly June 1, 2015 August 31, 2015 September 30, 201 Reports (FSRs) & Match ReimbursementlC ertification Forms (B-13As) Financial Status Final September 1, 2015 December 31, 2015 February 15, 2016 Reports (FSRs) & Match ReimbursementlC ertification Forms (B-13As) Submission Instructions: 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 12 of 16 16. Special Provisions General Provisions, ARTICLE II. Compliance and Reporting, Section 2.06, Applicable Laws and Regulations Regarding Funding Sources, is amended by deleting Section 2.06 in its entirety and replacing it with the following: When applicable, federal statutes, regulations and/or federal grant requirements applicable to funding sources and any updates to such 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, 200 of the Code of Federal Regulations (CFR) and 45 CFR 75) 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:llwww.dshs.state.tx,us/contracts/links.shtm. Contractor also shall comply with all applicable federal and state assurances contained in UGMS, Part III, State Uniform Administrative Requirements for Grants and Cooperative Agreements §_.14. If applicable, Contractor shall comply with the Federal awarding agency's Common Rule, and the U.S. Health and Human Services Grants Policy Statement, both of which may be located through web links on the DSHS website at http://www.dshs.state.tx.us/contracts/links.shtm. For contracts funded by block grants, Contractor shall comply with Tex. Gov. Code Chapter 2105. General Provisions, ARTICLE III SERVICES, Section 3.02 Disaster Services, is revised to include the following: In the event of a local, state, or federal emergency the Contractor has the authority to utilize approximately 5% of staffs time supporting this Program Attachment for response efforts. DSHS shall reimburse Contractor up to 5% of this Program Attachment funded by Center for Disease Control and Prevention (CDC) for personnel costs responding to an emergency event. Contractor shall maintain records to document the time spent on response efforts for auditing purposes. Allowable activities also include participation of drills and exercises in the pre -event time period. Contractor shall notify the Assigned Contract Manager in writing when this provision is implemented. General Provisions, Article IV, Funding Section 4.03, Use of Funds, is amended to include the following: Contractor is allocated $16,173.33 from September 1, 2014 — December 31, 2014. Contractor is allocated $48,519.67 from January 1, 2015 — December 31, 2015. Expenditures may not exceed the above allocated amounts within the specified timeframes. General Provisions, Article IV. Funding, Section 4.06, Nonsupplanting, is revised to include the following: Funding from this Renewal Program Attachment shall not be used to supplant (i.e., used in place of funds dedicated, appropriated or expended for activities funded through this Renewal Program Attachment) state or local funds, but Contractor shall use such funds to increase state or local funds currently available for a particular activity. Contractor shall maintain local funding at a sufficient rate to support the local program. If the total cost of the project is greater than DSHS' set funding, Contractor shall supply funds for the remaining costs in order to accomplish the objectives set forth in this Program Attachment. General Provisions, ARTICLE V, Payment Methods and Restrictions Section 5.02, Billing Submission is amended to include the following: Page 13 of 16 Contractor must submit requests for reimbursement or payment, or revisions to previous reimbursement request(s), no later than February 15, 2015 for costs incurred between the service dates of September 1, 2014 and December 31, 2014. General Provisions, Article V, Payment Methods and Restrictions, Section 5.03, Final Billing Submission, is amended to include the following: Contractor shall submit final close-out bill or revisions to previous reimbursement request(s), no later than February 15, 2015 for costs incurred between the services dates of September 1, 2014 and December 31, 2014. Expenditures with service dates from September 1, 2014 to December 31, 2014 will not be paid, if submitted after February 15, 2015. General Provisions, ARTICLE V. PAYMENT METHODS AND RESTRICTIONS, Section 5.05 Financial Status Reports, is amended to include the following: Contactor shall submit FSRs to Accounts Payable by the last business day of the month following the end of each term reported. The FSR period will be reported as follows: Quarter One shall include September 1, 2014 through December 31, 2014. Quarter two shall include January 1, 2015 through February 28, 2015. Quarter three shall include March 1, 2015 through May 30, 2015. Quarter four shall include June 1, 2015 through December 31, 2015. Contractor shall submit the final FSR no later than forty-five (45) calendar days following the end of the applicable term General Provisions Article VIII Confidentiality, Section 8.03, Exchange of client -identifying information, is revised to include the following: Neither Contractor, nor any subcontractor, shall transfer a client or patient record through any means, including electronically, to another entity or person, or subcontractor without written consent from the client or patient, or someone authorized to act on his or her behalf; however, DSHS may require Contractor, or any subcontractor, to timely transfer a client or patient record to DSHS if the transfer is necessary to protect either the confidentiality of the record or the health and welfare of the client or patient, or is otherwise provided by law. DSHS shall have timely access to a client or patient record in the possession of Contractor, or any subcontractor, under authority of the Texas Health and Safety Code, Chapters 81 and 85, and the Medical Practice Act, Texas Occupations Code, Chapter 159. In such cases, DSHS shall keep confidential any information obtained from the client or patient record, as required by the Texas Health and Safety Code, Chapter 81, and Texas Occupations Code, Chapter 159. General Provisions, Article XV. General Terms, Section 15.15 Amendment, is amended to include the following: Contractor must submit all amendment and revision requests in writing to the Division Contract Management Unit at least ninety (90) days prior to the end of the term of this Program Attachment. Page 14 of 16 17. Documents Forming Contract. The Contract consists of the following: a. Contract (this document) 2015-002508-01 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 1 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 Page 15 of 16 Budget Summary Organization Name: Corpus Christi Public Health District Contract Number: 2015-002508-01 Budget Categories Program ID: TB/PC-FED Budget Categories DSHS Funds Requested Cash Match In Kind Match Contributions Category Total Personnel $23,576.00 $8,106.00 $0.00 $31,682.00 Fringe Benefits $14,056.00 $4,833.00 $0.00 $18,889.00 Travel $8,633.00 $0.00 $0.00 $8,633.00 Equipment $0.00 $0.00 $0.00 $0.00 Supplies $7,565.00 $0.00 $0.00 $7,565.00 Contractual $0.00 $0.00 $0.00 $0.00 Other $10,863.00 $0.00 $0.00 $10,863.00 Total Direct Costs $64,693.00 $12,939.00 $0.00 $77,632.00 Indirect Costs $0.00 $0.00 $0.00 $0.00 Totals $64,693.00 $12,939.00 $0.00 $77,632.00 Page 16 of 16 Fiscal Year 2015 Department of State Health Services Contract General Provisions (Core/Subrecipient) Contents ARTICLE I CONTRACT COMPONENTS; ORDER OF PRECEDENCE 5 Section 1.01 Contract Components 5 Section 1.02 Order of Precedence. 5 ARTICLE II COMPLIANCE AND REPORTING 5 Section 2.01 Compliance with General Provisions, Statutes and Rules. 5 Section 2.02 Compliance with Requirements of Solicitation Document. 5 Section 2.03 Reporting. 6 Section 2.04 Client Financial Eligibility. 6 Section 2.05 Applicable Contracts Law and Venue for Disputes 6 Section 2.06 Applicable Laws and Regulations Regarding Funding Sources. 6 Section 2.07 Statutes and Standards of General Applicability. 6 Section 2.08 Applicability of General Provisions to Interagency and Interlocal Contracts. 8 Section 2.09 Civil Rights Policies and Complaints. 9 Section 2.10 Licenses, Certifications, Permits, Registrations and Approvals 9 Section 2.11 Funding Obligation 10 Section 2.12 Whistleblower Protection 10 Section 2.13 Federal Assistance Identification Number. 10 ARTICLE III S ERVICES 10 Section 3.01 Education to Persons in Residential Facilities 10 Section 3.02 Disaster Services 10 Section 3.03 Consent to Medical Care of a Minor 11 Section 3.04 Telemedicine Medical Services. 11 Section 3.05 Fees for Personal Health Services. 11 Section 3.06 Cost Effective Purchasing of Medications. 11 Section 3.07 Services and Information for Persons with Limited English Proficiency12 ARTICLE IV FUNDING 12 Section 4.01 Debt to State and Corporate Status. 12 Section 4.02 Application of Payment Due. 12 Section 4.03 Use of Funds. 12 Section 4.04 Use for Match Prohibited 12 Section 4.05 Program Income 13 Section 4.06 Nonsupplanting. 13 ARTICLE V PAYMENT METHODS AND RESTRICTIONS 13 Section 5.01 Payment Methods 13 Section 5.02 Billing Submission 13 General Provisions (Core Subrecipient) 2015 (Month Day, Year) 1 Section 5.03 Final Billing Submission i4 Section 5.04 Working Capital Advance 14 Section 5.05 Financial Status Reports (FSRs) 14 Section 5.06 Third Party Payors. 14 ARTICLE VI TERMS AND CONDITIONS OF PAYMENT 15 Section 6.01 Prompt Payment. 15 Section 6.02 Department Review. 15 Section 6.03 Withholding Payments. 15 Section 6.04 Condition Precedent to Requesting Payment 15 Section 6.05 Acceptance as Payment in Full. 15 ARTICLE VII ALLOWABLE COSTS AND AUDIT REQUIREMENTS 16 Section 7.01 Allowable Costs. 16 Section 7.02 Independent Single or Program -Specific Audit. 17 Section 7.03 Submission of Audit. 17 ARTICLE VIII CONFIDENTIALITY 18 Section 8.01 Maintenance of Confidentiality 18 Section 8.02 Department Access to PHI and Other Confidential Information. 18 Section 8.03 Exchange of Client -Identifying Information. 18 Section 8.04 Security of Patient or Client Records 18 Section 8.05 HIV/AIDS Model Workplace Guidelines. 19 Section 9.01 Texas Public Information Act 19 ARTICLE X RECORDS RETENTION 19 Section 10.01 Retention 19 ARTICLE XI ACCESS, INSPECTION AND AUDIT OF RECORDS 19 Section 11.01 Access and Inspection. 19 Section 11.02 State Auditor's Office. 20 Section 11.03 Responding to Deficiencies. 20 Section 12.01 Child Abuse Reporting Requirement 20 Section 12.02 Significant Incidents. 21 Section 12.03 Litigation 21 Section 12.04 Contract or License Action Against the Contractor 21 Section 12.05 Insolvency. 21 Section 12.06 Misuse of Funds and Performance Malfeasance 22 Section 12.07 Criminal Activity and Disciplinary Action 22 Section 12.08 Retaliation Prohibited. 22 Section 12.09 Documentation. 23 ARTICLE XIII ASSURANCES AND CERTIFICATIONS 23 Section 13.01 Certification 23 Section 13.02 Child Support Delinquencies. 24 Section 13.03 Authorization 24 Section 13.04 Gifts and Benefits Prohibited 24 Section 13.05 Ineligibility to Receive the Contract 24 General Provisions (Core Subrecipient) 2015 (Month Day, Year) Section 13.06 Antitrust 25 Section 13.07 Initiation and Completion of Work. 25 ARTICLE XIV GENERAL BUSINESS OPERATIONS OF CONTRACTOR 25 Section 14.01 Responsibilities and Restrictions Concerning Governing Body, Officers and Employees. 25 Section 14.02 Management and Control Systems 25 Section 14.03 Insurance. 26 Section 14.04 Fidelity Bond. 26 Section 14.05 Liability Coverage 26 Section 14.06 Overtime Compensation 27 Section 14.07 Program Site 27 Section 14.08 Cost Allocation Pian. 27 Section 14.09 No Endorsement 27 Section 14.10 Historically Underutilized Businesses (HUBs). 28 Section 14.11 Buy Texas 28 Section 14.12 Contracts with Subrecipient and Vendor Subcontractors 28 Section 14.13 Status of Subcontractors. 29 Section 14.14 Incorporation of Terms in Subrecipient Subcontracts 29 Section 14.15 Independent Contractor. 29 Section 14.16 Authority to Bind. 30 Section 14.17 Tax Liability. 30 Section 14.18 Notice of Organizational Change. 30 Section 14.19 Quality Management. 30 Section 14.20 Equipment. 30 Section 14.21 Supplies. 30 Section 14.22 Changes to Equipment List 31 Section 14.23 Property Inventory and Protection of Assets. 31 Section 14.24 Bankruptcy. 31 Section 14.25 Title to Property. 31 Section 14.26 Property Acquisitions. 32 Section 14.27 Disposition of Property 32 Section 14.28 Closeout of Equipment. 32 Section 14.29 Assets as Collateral Prohibited 32 ARTICLE XV GENERAL TERMS 32 Section 15.01 Assignment 32 Section 15.02 Lobbying. 33 Section 15.03 Conflict of Interest. 33 Section 15.04 Transactions Between Related Parties 34 Section 15.05 Intellectual Property. 34 Section 15.06 Other Intangible Property. 35 Section 15.07 Severability and Ambiguity. 35 Section 15.08 Legal Notice. A 35 Section 15.09 Successors. 35 Section 15.10 Headings 36 Section 15.11 Parties.... 36 General Provisions (Core Subrecipient) 2015 (Month Day, Year) 3 Section 15.12 Survivability of Terms. 36 Section 15.13 Direct Operation. 36 Section 15.14 Customer Service Information. 36 Section 15.15 Amendment. 36 Section 15.16 Contractor's Notification of Change to Certain Contract Provisions. 37 Section 15.17 Contractor's Request for Revision of Certain Contract Provisions. 37 Section 15.18 Immunity Not Waived. 38 Section 15.19 Hold Harmless and Indemnification. 38 Section 15.20 Waiver. 38 Section 15.21 Electronic and Information Resources Accessibility and Security Standards. 38 Section 15.22 Force Majeure. 40 Section 15.23 Interim Contracts 40 Section 15.24 Cooperation and Communication. 41 ARTICLE XVI BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE 41 Section 16.03 Notice of Remedies or Sanctions 42 Section 16.04 Emergency Action. 42 ARTICLE XVII CLAIMS AGAINST THE DEPARTMENT 43 Section 17.01 Breach of Contract Claim. 43 Section 17.02 Notice 43 Section 17.03 Sole Remedy. 43 Section 17.04 Condition Precedent to Suit. 43 Section 17.05 Performance Not Suspended 43 ARTICLE XVIII TERMINATION AND TEMPORARY SUSPENSION 44 Section 18.01 Expiration of Contract or Program Attachment(s). 44 Section 18.02 Effect of Termination. 44 Section 18.03 Acts Not Constituting Termination. 44 Section 18.04 Termination or Temporary Suspension Without Cause. 44 Section 18.05 Termination For Cause. 45 Section 18.06 Notice of Termination. 46 ARTICLE XIX VOID, SUSPENDED, AND TERMINATED CONTRACTS 46 Section 19.01 Void Contracts. 46 Section 19.02 Effect of Void, Suspended, or Involuntarily Terminated Contract. 46 Section 19.03 Appeals Rights 47 ARTICLE XX CLOSEOUT 47 Section 20.01 Cessation of Services At Closeout 47 Section 20.02 Administrative Offset. 47 Section 20.03 Deadline for Closeout. 47 Section 20.04 Payment of Refunds 47 Section 20.05 Disallowances and Adjustments. 48 General Provisions (Core Subrecipient) 2015 (Month Day, Year) 4 ARTICLE I CONTRACT COMPONENTS; ORDER OF PRECEDENCE Section 1.01 Contract Components. As used in herein, the "Contract" consists of the following documents: a) the Core Contract and the Program Attachment(s) or statements of work, including all attachments, b) addenda or amendments thereto and these General Provisions; c) the solicitation document, including all attachments, addenda or amendments thereto; and d) the response, proposal or application submitted by Contractor in response to the solicitation document. Section 1.02 Order of Precedence. To the extent that there is any conflict between the terms of any contract component document, the conflict will be resolved in the above order of priority. ARTICLE II COMPLIANCE AND REPORTING Section 2.01 Compliance with General Provisions, Statutes and Rules. Contractor shall comply, and shall require its subcontractor(s) to comply, with these General Provisions, the requirements of the Department's rules of general applicability and other applicable state and federal statutes, regulations, rules, and executive orders, as such statutes, regulations, rules, and executive orders currently exist and as they may be lawfully amended. The Department rules are located in the Texas Administrative Code, Title 25 (Rules). To the extent this Contract imposes a higher standard, or additional requirements beyond those required by applicable statutes, regulations, rules or executive orders, the terms of this Contract will control. Contractor further agrees that, upon notification from DSHS, Contractor shall comply with the terms of any contract provisions DSHS is required to include in its contracts under legislation effective at the time of the effective date of this Contract or during the term of this Contract. Section 2.02 Compliance with Requirements of Solicitation Document. Except as specified in these General Provisions or the Program Attachment(s), Contractor shall comply with the requirements, eligibility conditions, assurances, certifications and program requirements of the Solicitation Document, if any, (including any revised or additional terms agreed to in writing by Contractor and DSHS prior to execution of this Contract) for the duration of this Contract or any subsequent renewals. The Parties agree that the Department has relied upon Contractor's response to the Solicitation Document. The Parties agree that any misrepresentation contained in Contractor's response to the Solicitation Document constitutes a breach of this Contract. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 5 Section 2.03 Reporting. Contractor shall submit reports in accordance with the reporting requirements established by the Department and shall provide any other information requested by the Department in the format required by DSHS. Failure to submit any required report or additional requested information by the due date specified in the Program Attachment(s) or upon request constitutes a breach of contract, may result in delayed payment and/or the imposition of sanctions and remedies, and, if appropriate, emergency action; and may adversely affect evaluation of Contractor's future contracting opportunities with the Department. Section 2.04 Client Financial Eligibility. Where applicable, Contractor shall use financial eligibility criteria, financial assessment procedures and standards developed by the Department to determine client eligibility. Section 2.05 Applicable Contracts Law and Venue for Disputes. Regarding all issues related to contract formation, performance, interpretation, and any issues that may arise in any dispute between the Parties, this Contract will be governed by, and construed in accordance with, the laws of the State of Texas. In the event of a dispute between the Parties, venue for any suit will be Travis County, Texas. Section 2.06 Applicable Laws and Regulations Regarding Funding Sources. Where applicable, federal statutes and regulations, including federal grant requirements applicable to funding sources, will apply to this Contract. Contractor agrees to comply with applicable laws, executive orders, regulations and policies, as well as Office of Management and Budget (OMB) Circulars (as codified in Title 2 of the Code of Federal Regulations), the Uniform Grant and Contract Management Act of 1981 (UGMA), Tex. Gov. Code Chapter 783, and Uniform Grant Management Standards (UGMS), as revised by federal circulars and incorporated in UGMS by the Comptroller of Public Accounts, Texas Procurement and Support Services Division. UGMA and UGMS can be located through web links on the DSHS website at Into: ww«.dshs.state.tx.us contracts links.shtm. Contractor also shall comply with all applicable federal and state assurances contained in UGMS, Part III, State Uniform Administrative Requirements for Grants and Cooperative Agreements § .14. If applicable, Contractor shall comply with the Federal awarding agency's Common Rule, and the U.S. Health and Human Services Grants Policy Statement, both of which may be located through web links on the DSHS website at http: www.dshs.state.tx.uscontracts links.shtm For contracts funded by block grants, Contractor shall comply with Tex. Gov. Code Chapter 2105. Section 2.07 Statutes and Standards of General Applicability. Contractor is responsible for reviewing and complying with all applicable statutes, rules, regulations, executive orders and policies. To the extent applicable to Contractor, Contractor shall comply with the following: a) the following statutes, rules, regulations, and DSHS policy (and any of their subsequent amendments) that collectively prohibit discrimination, exclusion from or limitation of participation in programs, benefits or activities or denial of any aid, care, service or other benefit on the basis of race, color, national origin, limited English proficiency, sex, sexual orientation (where applicable), disabilities, age, substance abuse, political belief or religion: 1) General Provisions (Core Subrecipient) 2015 (Month Day, Year) 6 Title VI of the Civil Rights Act of 1964, 42 USC §§2000d et seq.; 2) Title IX of the Education Amendments of 1972, 20 USC §§ 1681-1683, and 1685-1686; 3) Section 504 of the Rehabilitation Act of 1973, 29 USC § 794(a); 4) the Americans with Disabilities Act of 1990, 42 USC §§12101 et seq.; 5) Age Discrimination Act of 1975, 42 USC §§ 6101-6107; 6) Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, 42 USC § 290dd (b)(1); 7) 45 CFR Parts 80, 84, 86 and 91; 8) U.S. Department of Labor, Equal Employment Opportunity E.O. 11246; 9) Tex. Lab. Code Chapter 21; 10) Food Stamp Act of 1977 (7 USC § 200 et seq.; 11) Executive Order 13279, 45 CFR Part 87 or 7 CFR Part 16 regarding equal treatment and opportunity for religious organizations; 12) Drug Abuse Office and Treatment Act of 1972, 21 USC §§ 1101 et seq., relating to drug abuse; 13) Public Health Service Act of 1912, §§523 and 527, 42 USC § 290dd-2, and 42 CFR Part 2, relating to confidentiality of alcohol and drug abuse patient records; 14) Title VIII of the Civil Rights Act of 1968, 42 USC §§ 3601 et seq., relating to nondiscrimination in housing; and 15) DSHS Policy AA -5018, Non- discrimination Policy for DSHS Programs; b) Immigration Reform and Control Act of 1986, 8 USC § 1324a, and Immigration Act of 1990, 8 USC 1101 et seq., regarding employment verification; and Illegal Immigration Reform and Immigrant Responsibility Act of 1996; c) Pro -Children Act of 1994, 20 USC §§ 6081-6084, and the Pro -Children Act of 2001, 20 USC § 7183, regarding the non-use of all tobacco products; d) National Research Service Award Act of 1971, 42 USC §§ 289a-1 et seq., and 6601 (PL 93-348 and PL 103-43), regarding human subjects involved in research; e) Hatch Political Activity Act, 5 USC §§1501-1508 and 7324-28, which limits the political activity of employees whose employment is funded with federal funds; f) Fair Labor Standards Act, 29 USC §§ 201 et seq., and the Intergovernmental Personnel Act of 1970, 42 USC §§ 4701 et seq., as applicable, concerning minimum wage and maximum hours; g) Tex. Gov. Code Chapter 469, pertaining to eliminating architectural barriers for persons with disabilities; h) Texas Workers' Compensation Act, Tex. Lab. Code Chapters 401-406 and 28 Tex. Admin. Code Part 2, regarding compensation for employees' injuries; i) The Clinical Laboratory Improvement Amendments of 1988, 42 USC § 263a, regarding the regulation and certification of clinical laboratories; j) The Occupational Safety and Health Administration Regulations on Blood Borne Pathogens, 29 CFR § 1910.1030, or Title 25 Tex. Admin. Code Chapter 96 regarding safety standards for handling blood borne pathogens; k) Laboratory Animal Welfare Act of 1966, 7 USC §§ 2131 et seq., pertaining to the treatment of laboratory animals; 1) environmental standards pursuant to the following: 1) Institution of environmental quality control measures under the National Environmental Policy Act of 1969, 42 USC §§ 4321-4347 and Executive Order 11514 (35 Fed. Reg. 4247), "Protection and Enhancement of Environmental Quality;" 2) Notification of violating facilities pursuant to Executive Order 11738 (40 CFR Part 32), "Providing for Administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to Federal Contracts, Grants, or Loans;" 3) Protection of wetlands pursuant to Executive Order 11990, 42 Fed. Reg. 26961; 4) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988, 42 Fed. Reg. 26951 and, if applicable, flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (PL 93- 234); 5) Assurance of project consistency with the approved State Management program developed under the Coastal Zone Management Act of 1972, 16 USC §§ 1451 et seq.; 6) Federal Water Pollution Control Act, 33 USC §1251 et seq.; 7) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, 42 USC §§ 300f -300j; 8) Protection of endangered species under the Endangered Species Act of 1973, 16 USC §§ 1531 et seq.; 9) General Provisions (Core Subrecipient) 2015 (Month Day, Year) 7 Conformity of federal actions to state clean air implementation plans under the Clean Air Act of 1955, 42 USC §§7401 et seq.; 10) Wild and Scenic Rivers Act of 1968 (16 USC §§ 1271 et seq.) related to protecting certain rivers system; and 11) Lead -Based Paint Poisoning Prevention Act (42 USC §§ 4801 et seq.) prohibiting the use of lead-based paint in residential construction or rehabilitation; m) Intergovernmental Personnel Act of 1970 (42 USC §§4278-4763) regarding personnel merit systems for programs specified in Appendix A of the federal Office of Program Management's Standards for a Merit System of Personnel Administration (5 CFR Part 900, Subpart F); n) Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PL 91-646), relating to fair treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs; o) Davis -Bacon Act (40 USC §§ 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 USC § 874), and the Contract Work Hours and Safety Standards Act (40 USC §§ 327-333), regarding labor standards for federally -assisted construction subagreements; p) National Historic Preservation Act of 1966, §106 (16 USC § 470), Executive Order 11593, and the Archaeological and Historic Preservation Act of 1974 (16 USC §§ 469a-1 et seq.) regarding historic property to the extent necessary to assist DSHS in complying with the Acts; q) financial and compliance audits in accordance with Single Audit Act Amendments of 1996 and OMB Circular No. A -I33, "Audits of States, Local Governments, and Non -Profit Organizations;" r) Trafficking Victims Protection Act of 2000, Section 106(g) (22 USC § 7104); s) Executive Order, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, if required by a federal funding source of the Contract; t) Whistleblower Protection Enhancement Act (5 U.S.C. 2302(6)(8)) and Texas Whistleblower Act (Tex. Gov. Code Chapter 554); and u) requirements of any other applicable state and federal statutes, executive orders, regulations, rules and policies. If this Contract is funded by a federal grant or cooperative agreement, Contractor shall, and shall cause its subcontractors to, comply with additional state or federal requirements found in the Notice of Grant Award and incorporated herein by reference. Contractor may obtain a copy of any applicable Notice of Grant Award from the contract manager assigned to the Program Attachment. Section 2.08 Applicability of General Provisions to Interagency and Interlocal Contracts. Certain sections or portions of sections of these General Provisions will not apply to Contractors that are State agencies or units of local government; and certain additional provisions will apply to such Contractors. a) The following sections or portions of sections of these General Provisions will not apply to interagency or interlocal contracts: 1) Hold Harmless and Indemnification, Section 13.19; 2) Independent Contractor, Section 12.15 (delete the third sentence in its entirety; delete the word "employees" in the fourth sentence; the remainder of the section applies); 3) Insurance, Section 12.03; 4) Liability Coverage, Section 12.05; 5) Fidelity Bond, Section 12.04; 6) Historically Underutilized Businesses, Section 12.10 (Contractor, however, shall comply with HUB requirements of other statutes and rules specifically applicable to that entity); 7) Debt to State and Corporate Status, Section 3.01; 8) Application of Payment Due, Section 3.02; and 9) Article XV Claims against the Department (This Article is inapplicable to interagency contracts only). General Provisions (Core Subrecipient) 2015 (Month Day, Year) 8 b) The following additional provisions will apply to interagency contracts: 1) This Contract is entered into pursuant to the authority granted and in compliance with the provisions of the Interagency Cooperation Act, Tex. Gov. Code Chapter 771; 2) The Parties hereby certify that (1) the services specified are necessary and essential for the activities that are properly within the statutory functions and programs of the affected agencies of State government; (2) the proposed arrangements serve the interest of efficient and economical administration of the State government; and (3) the services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of the State of Texas to be supplied under contract given to the lowest responsible bidder; and 3) DSHS certifies that it has the authority to enter into this Contract granted in Tex. Health & Safety Code Chapter 1001, and Contractor certifies that it has specific statutory authority to enter into and perform this Contract. c) The following additional provisions will apply to interlocal contracts: 1) This Contract is entered into pursuant to the authority granted and in compliance with the provisions of the Interlocal Cooperation Act, Tex. Gov. Code Chapter 791; 2) Payments made by DSHS to Contractor will be from current revenues available to DSHS; and 3) Each Party represents that it has been authorized to enter into this Contract. d) Contractor agrees that Contract Revision Requests (pursuant to the Contractor's Request for Revision to Certain Contract Provisions section), when signed by a duly authorized representative of Contractor, will be effective as of the effective date specified by the Department, whether that date is prior to or after the date of any ratification by Contractor's governing body. Section 2.09 Civil Rights Policies and Complaints. Upon request, Contactor shall provide the Health and Human Services Commission (HHSC) Civil Rights Office with copies of all Contractor's civil rights policies and procedures. Contractor shall notify HHSC's Office of Civil Rights of any civil rights complaints received relating to performance under this Contract no more than ten (10) calendar days after Contractor's receipt of the claim. Notice must be directed to Civil Rights Office Health and Human Services Commission 701 W. 51st St., Mail Code W206 Austin, Texas 78751 (888) 388-6332 or (512) 438-4313 TTY Toll-free (877) 432-7232 HHSCivilRightsOffice@hhsc.state.tx.us Section 2.10 Licenses, Certifications, Permits, Registrations and Approvals. Contractor shall obtain and maintain all applicable licenses, certifications, permits, registrations and approvals to conduct its business and to perform the services under this Contract. Failure to obtain or any revocation, surrender, expiration, non -renewal, inactivation or suspension of any such license, certification, permit, registration or approval constitutes grounds for termination of this Contract or other remedies the Department deems appropriate. Contractor shall ensure that all its employees, staff and volunteers obtain and maintain in active status all licenses, certifications, permits, registrations and approvals required to perform their duties under this Contract and shall prohibit any person who does not hold a current, active required license, certification, permit, registration or approval from performing services under this Contract. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 9 Section 2.11 Funding Obligation. This Contract is contingent upon the availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment of the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce or terminate funding under this Contract. Notice of any restriction or reduction will include instructions and detailed information on how DSHS will fund the services andsor goods to be procured with the restricted or reduced funds. Section 1.03 Section 2.12 Whistleblower Protection. Contractor shall include the Whistleblower Protection Enhancement Act and Texas Whistleblower Act protections to grantees, their subgrantees and subcontractors and Contractor must inform its employees of whistleblower rights and remedies. Section 1.04 Section 2.13 Federal Assistance Identification Number. Contractor shall include the Federal Assistance Identification Number (FAIN) on each subaward under a Federal award to enable reporting of expenditures according to the FAIN. As a condition of the award, Federal agencies require that all recipients document the assigned FAIN on each subaward under the Federal award. ARTICLE III S ERVICES Section 3.01 Education to Persons in Residential Facilities. If applicable, Contractor shall ensure that all persons, who are housed in Department -licensed and/or -funded residential facilities and who are twenty-two (22) years of age or younger, have access to educational services as required by Tex. Educ. Code § 29.012. Contractor shall notify the local education agency or local early intervention program as prescribed by Tex. Educ. Code § 29.012 not later than the third calendar day after the date a person who is twenty-two (22) years of age or younger is placed in Contractor's residential facility. Section 3.02 Disaster Services. In the event of a local, state, or federal emergency, including natural, man-made, criminal, terrorist, and/or bioterrorism events, declared as a state disaster by the Governor, or as a federal disaster by the appropriate federal official, Contractor may be called upon to assist DSHS in providing services, as appropriate, in the following areas: community evacuation; health and medical assistance; assessment of health and medical needs; health surveillance; medical care personnel; health and medical equipment and supplies; patient evacuation; in-hospital care and hospital facility status; food, drug, and medical device safety; worker health and safety; mental health and substance abuse; public health information; vector control and veterinary services; and victim identification and mortuary services. Contractor shall carry out disaster services in the manner most responsive to the needs of the emergency, be cost-effective, and be least intrusive on Contractor's primary services. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 10 Section 3.03 Consent to Medical Care of a Minor. If Contractor provides medical, dental, psychological or surgical treatment to a minor under this Contract, either directly or through contracts with subcontractors, Contractor shall not provide treatment of a minor unless informed consent to treatment is obtained pursuant to Tex. Fam. Code Chapter 32, relating to consent to treatment of a child by a non -parent or child or pursuant to other state law. If requirements of federal law relating to consent directly conflict with Tex. Fam. Code Chapter 32, federal law supersedes state law. Section 3.04 Telemedicine Medical Services. Contractor shall ensure that if Contractor or its subcontractor uses telemedicine/telepsychiatry that the services are implemented in accordance with written procedures and using a protocol approved by Contractor's medical director and using equipment that complies with the equipment standards as required by the Department. Procedures for providing telemedicine service must include the following requirements: a) clinical oversight by Contractor's medical director or designated physician responsible for medical leadership; b) contraindication considerations for telemedicine use; c) qualified staff members to ensure the safety of the individual being served by telemedicine at the remote site; d) safeguards to ensure confidentiality and privacy in accordance with state and federal laws; e) use by credentialed licensed providers providing clinical care within the scope of their licenses; f) demonstrated competency in the operations of the system by all staff members who are involved in the operation of the system and provision of the services prior to initiating the protocol; g) priority in scheduling the system for clinical care of individuals; h) quality oversight and monitoring of satisfaction of the individuals served; and i) management of information and documentation for telemedicine services that ensures timely access to accurate information between the two sites. Telemedicine Medical Services does not include chemical dependency treatment services provided by electronic means under Rule § 448.911. Section 3.05 Fees for Personal Health Services. Contractor may develop a system and schedule of fees for personal health services in accordance with the provisions of Tex. Health & Safety Code § 12.032, DSHS Rule § 1.91 covering Fees for Personal Health Services, and other applicable laws or grant requirements. The amount of a fee must not exceed the actual cost of providing the services. No client may be denied a service due to inability to pay. Any charges assessed to individuals for screenings must be accounted for as Program Income in accordance with the DSHS Contractor's Financial Procedure Manual. Section 3.06 Cost Effective Purchasing of Medications. If medications are funded under this Contract, Contractor shall make needed medications available to clients at the lowest possible prices and use the most cost effective medications purchasing arrangement possible. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 11 Section 3.07 Services and Information for Persons with Limited English Proficiency. Contractor shall take reasonable steps to provide services and information, both orally and in writing, in appropriate languages other than English, to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities. Contractor shall identify and document on the client records the primary language. dialect of a client who has Iimited English proficiency and the need for translation or interpretation services and shall not require a client to provide or pay for the services of a translator or interpreter. Contractor shall make every effort to avoid use of any persons under the age of eighteen (18) or any family member or friend of the client as an interpreter for essential communications with a client with limited English proficiency, unless the client has requested that person and using the person would not compromise the effectiveness of services or violate the client's confidentiality and the client is advised that a free interpreter is available. ARTICLE IV FUNDING Section 4.01 Debt to State and Corporate Status. Pursuant to Tex. Gov. Code § 403.055, the Department will not approve and the State Comptroller will not issue payment to Contractor if Contractor is indebted to the State for any reason, including a tax delinquency. Contractor, if a corporation, certifies by execution of this Contract that it is current and will remain current in its payment of franchise taxes to the State of Texas or that it is exempt from payment of franchise taxes under Texas law (Tex. Tax Code §§ 171.001 et seq.). Contractor, if a corporation, further certifies that it is and will remain in good standing with the Secretary of State's office. A false statement regarding franchise tax or corporate status is a material breach of this Contract. If franchise tax payments become delinquent during the Contract term, all or part of the payments under this Contract may be withheld until Contractor's delinquent franchise tax is paid in full. Section 4.02 Application of Payment Due. Contractor agrees that any payments due under this Contract will be applied towards any debt of Contractor, including but not limited to delinquent taxes and child support that is owed to the State of Texas. Section 4.03 Use of Funds. Contractor shall expend Department funds only for the provision of approved services and for reasonable and allowable expenses directly related to those services. Section 4.04 Use for Match Prohibited. Contractor shall not use funds provided through this Contract for matching purposes in securing other funding unless directed or approved by the Department in writing. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 1 Section 4.05 Program Income. Gross income directly generated from Department funds through a project or activity performed under a Program Attachment and/or earned only as a result of a Program Attachment during the term of the Program Attachment are considered program income. Unless otherwise required under the terms of the grant funding this Contract, Contractor shall use the addition alternative, as provided in UGMS § 25(g)(2), for the use of program income to further the program objectives of the state or federal statute under which the Program Attachment was made, and Contractor shall spend the program income on the same Program Attachment project in which it was generated. Contractor shall identify and report this income in accordance with the Compliance and Reporting Article of these General Provisions, the Contractor's Financial Procedures Manual located at httn: www.dshs.state.tx.uscontracts cfpm.shtm and the provisions of the Program Attachment(s). Contractor shall expend program income during the Program Attachment term and may not carry forward to any succeeding term. Contractor shall refund program income not expended in the term in which it is earned to DSHS. DSHS may base future funding levels, in part, upon Contractor's proficiency in identifying, billing, collecting, and reporting program income, and in using it for the purposes and under the conditions specified in this Contract. Section 4.06 Nonsupplanting. Contractor shall not supplant (i.e., use funds from this Contract to replace or substitute existing funding from other sources that also supports the activities that are the subject of this Contract) but rather shall use funds from this Contract to supplement existing state or local funds currently available for a particular activity. Contractor shall make a good faith effort to maintain its current level of support. Contractor may be required to submit documentation substantiating that a reduction in state or local funding, if any, resulted for reasons other than receipt or expected receipt of funding under this Contract. ARTICLE V PAYMENT METHODS AND RESTRICTIONS Section 5.01 Payment Methods. Except as otherwise provided by the provisions of the Program Attachment(s), the payment method for each Program Attachment will be one of the following methods: a) cost reimbursement. This payment method is based on an approved budget in the Program Attachment(s) and acceptable submission of a request for reimbursement; or b) unit rate/fee-for-service. This payment method is based on a fixed price or a specified rate(s) or fee(s) for delivery of a specified unit(s) of service, as stated in the Program Attachment(s) and acceptable submission of all required documentation, forms and/or reports. Section 5.02 Billing Submission. Contractors shall bill the Department in accordance with the Program Attachment(s) in the form and format prescribed by DSHS. Unless otherwise specified in the Program Attachment(s) or permitted under the Third Party Payors section of this Article, Contractor shall submit requests for reimbursement or payment monthly by the last business day of the month following the end of the month covered by the bill. Contractor shall maintain all documentation that substantiates billing submissions and make the documentation available to DSHS upon request. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 13 Section 5.03 Final Billing Submission. Unless otherwise provided by the Department, Contractor shall submit a reimbursement or payment request as a final close-out bill not later than forty-five (45) calendar days following the end of the term of the Program Attachment for goods received and services rendered during the term. If necessary to meet this deadline, Contractor may submit reimbursement or payment requests by facsimile transmission. Reimbursement or payment requests received in DSHS's offices more than forty-five (45) calendar days following the end of the applicable term will not be paid. Consideration of requests for an exception will be made on a case-by-case basis, subject to the availability of funding, and only for an extenuating circumstance, such as a catastrophic event, natural disaster, or criminal activity that substantially interferes with normal business operations or causes damage or destruction of a place of business and/or records. A written statement describing the extenuating circumstance and the last request for reimbursement must be submitted for review and approval to the DSHS Accounting Section. Section 5.04 Working Capital Advance. If allowed under this Contract, a single one-time working capital advance per term of the Program Attachment may be granted at the Department's discretion. Contractor must submit documentation to the contract manager assigned to the Program Attachment to justify the need for a working capital advance. Contractor shall liquidate the working capital advance as directed by the Department. The requirements for the documentation justifying the need for an advance and the directions for liquidating the advance are found in the Contractor's Financial Procedures Manual located at http: www.dshs.state.tx.us contracts.cfpm.shtm. Section 5.05 Financial Status Reports (FSRs). Except as otherwise provided in these General Provisions or in the terms of any Program Attachment(s) that is incorporated into the Contract, for contracts with categorical budgets, Contractor shall submit quarterly FSRs to Accounts Payable by the last business day of the month following the end of each quarter of the Program Attachment term for Department review and financial assessment. Contractor shall submit the final FSR no later than forty-five (45) calendar days following the end of the applicable term. Section 5.06 Third Party Payors. A third party payor is any person or entity who has the legal responsibility for paying for all or part of the services provided. Third party payors include, but are not limited to, commercial health or liability insurance carriers, Medicaid, or other federal, state, local, and private funding sources. Except as provided in this Contract, Contractor shall screen all clients and shall not bill the Department for services eligible for reimbursement from third party payors. Contractor shall (a) enroll as a provider in Children's Health Insurance Program and Medicaid if providing approved services authorized under this Contract that may be covered by those programs, and bill those programs for the covered services; (b) provide assistance to individuals to enroll in such programs when the screening process indicates possible eligibility for such programs; (c) allow clients who are General Provisions (Core Subrecipient) 2015 (Month Day, Year) 14 otherwise eligible for Department services, but cannot pay a deductible required by a third party payor, to receive services up to the amount of the deductible and to bill the Department for the deductible; (d) not bill the Department for any services eligible for third party reimbursement until all appeals to third party payors have been exhausted, in which case the thirty (30) -day requirement in the Billing Submission section will be extended until all such appeals have been exhausted; (e) maintain appropriate documentation from the third party payor reflecting attempts to obtain reimbursement; (f) bill all third party payors for services provided under this Contract before submitting any request for reimbursement to Department; and (g) provide third party billing functions at no cost to the client. ARTICLE VI TERMS AND CONDITIONS OF PAYMENT Section 6.01 Prompt Payment. Upon receipt of a timely, undisputed invoice pursuant to this Contract, Department will pay Contractor. Payments and reimbursements are contingent upon a signed Contract and will not exceed the total amount of authorized funds under this Contract. Contractor is entitled to payment or reimbursement only if the service, work, and/or product has been authorized by the Department and performed or provided pursuant to this Contract. If those conditions are met, Department will make payment in accordance with the Texas prompt payment Iaw (Tex. Gov. Code Chapter 2251). Contractor shall comply with Tex. Gov. Code Chapter 2251 regarding its prompt payment obligations to subcontractors. Section 6.02 Department Review. Payment of invoices by the Department will not constitute acceptance or approval of Contractor's performance, and all invoices and Contractor's performance are subject to audit or review and recoupment of payments by the Department. Section 6.03 Withholding Payments. Department may withhold alI or part of any payments to Contractor to offset reimbursement for any ineligible expenditures, disallowed costs, or overpayments that Contractor has not refunded to Department, or if financial status report(s) required by the Department are not submitted by the date(s) due. Department may take repayment (recoup) from funds available under this Contract in amounts necessary to fulfill Contractor's repayment obligations. Section 6.04 Condition Precedent to Requesting Payment. Contractor shall disburse program income, rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting cash payments including any advance payments from Department. Section 6.05 Acceptance as Payment in Full. Except as permitted in the Fees for Personal Health Services section of the Services Article of these General Provisions or under 25 Tex. Admin. Code § 444.413, Contractor shall accept reimbursement or payment from DSHS as payment in full for services or goods provided to clients or participants, and Contractor shall not seek additional reimbursement or payment for services or goods from clients General Provisions (Core Subrecipient) 2015 (Month Day, Year) 15 or participants or charge a fee or make a profit with respect to the Contract. A fee or profit is considered to be an amount in excess of actual allowable costs that are incurred in conducting an assistance program. ARTICLE VII ALLOWABLE COSTS AND AUDIT REQUIREMENTS Section 7.01 Allowable Costs. For services satisfactorily performed, and sufficiently documented, pursuant to this Contract, DSHS will reimburse Contractor for allowable costs. Contractor must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Contract. DSHS will determine whether costs submitted by Contractor are allowable and eligible for reimbursement. If DSHS has paid funds to Contractor for unallowable or ineligible costs, DSHS will notify Contractor in writing, and Contractor shall return the funds to DSHS within thirty (30) calendar days of the date of this written notice. DSHS may withhold all or part of any payments to Contractor to offset reimbursement for any unallowable or ineligible expenditures that Contractor has not refunded to DSHS, or if financial status report(s) required under the Financial Status Reports section are not submitted by the due date(s). DSHS may take repayment (recoup) from funds available under this Contract in amounts necessary to fulfill Contractor's repayment obligations. Applicable cost principles, audit requirements, and administrative requirements include - Applicable Entity Applicable Cost Principles Audit Requirements Administrative Requirements State, Local and Tribal Governments OMB Circular A-87 (2 CFR, Part 225) OMB Circular A-133 and UGMS UGMS, OMB Circular A-102, and applicable Federal awarding agency common rule Educational Institutions OMB Circular A-21 (2 CFR, Part 220) OMB Circular A-133 OMB Circular A-110 (2 CFR, Part 215) and applicable Federal awarding agency common rule; and UGMS, as applicable Non -Profit Organizations OMB Circular A-122 (2 CFR, Part 230) OMB Circular A-133 and UGMS UGMS; OMB Circular A-110 (2 CFR, Part 215) and applicable Federal awarding agency common rule For-profit Organization other than a hospital and an organization named in OMB Circular A-122 (2 CFR Part, 230) as not subject to that circular. 48 CFR Part 31, Contract Cost Principles Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal or state awarding agency OMB Circular A- 133 and UGMS UGMS and applicable Federal awarding agency common rule General Provisions (Core Subrecipient) 2015 (Month Day, Year) 16 A chart of applicable Federal awarding agency common rules is located through a weblink on the DSHS website at http:.,`www.dshs.state.tx.us/contracts. Iinks.shtm. OMB Circulars will be applied with the modifications prescribed by UGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. Section 7.02 Independent Single or Program -Specific Audit. If Contractor within Contractor's fiscal year expends a total amount of at least $500,000 in federal funds awarded, Contractor shall have a single audit or program -specific audit in accordance with the Office of Management and Budget (OMB) Circ. No. A-133, the Single Audit Act of 1984, P L 98- 502, 98 Stat. 2327, and the Single Audit Act Amendments of 1996, P L 104-156, 110 Stat. 1396. The $500,000 federal threshold amount includes federal funds passed through by way of state agency awards. If Contractor within Contractor's fiscal year expends a total amount of at least $500,000 in state funds awarded, Contractor must have a single audit or program -specific audit in accordance with UGMS, State of Texas Single Audit Circular. For-profit Contractors whose expenditures meet or exceed the federal and/or state expenditure thresholds stated above shall follow the guidelines in OMB Circular A-133 or UGMS, as applicable, for their program -specific audits. The HHSC Office of Inspector General (OIG) will notify Contractor to complete the Single Audit Status Registration Form. If Contractor fails to complete the Single Audit Status Form within thirty (30) calendar days after notification by OIG to do so, Contractor shall be subject to DSHS sanctions and remedies for non-compliance with this Contract. The audit must be conducted by an independent certified public accountant and in accordance with applicable OMB Circulars, Government Auditing Standards, and UGMS, which is accessible through a web link on the DSHS website at http:.. www.dshs.state.ts.us. contracts:'Iinks.shtm. Contractor shall procure audit services in compliance with this section, state procurement procedures, as well as with the provisions of UGMS. Contractor, unless Contractor is a state governmental entity, shall competitively re -procure independent single audit services at least every six (6) years. Section 7.03 Submission of Audit. Within thirty (30) calendar days of receipt of the audit reports required by the Independent Single or Program -Specific Audit section, Contractor shall submit one copy to the Department's Contract Oversight and Support Section, and one copy to the OIG, at the following addresses: Department of State Health Services Contract Oversight and Support, Mail Code I326 F.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 dshs.state.tx.us Electronic submission to HHSC should be addressed as follows: Queenah.Teamah@hhsc.state.tx.us General Provisions (Core Subrecipient) 2015 (Month Day, Year) 17 If Contractor fails to submit the audit report as required by the Independent Single or Program - Specific Audit section within thirty (30) calendar days of receipt by Contractor of an audit report, Contractor shall be subject to DSHS sanctions and remedies for non-compliance with this Contract. ARTICLE VIII CONFIDENTIALITY Section 8.01 Maintenance of Confidentiality. Contractor shall maintain the privacy and confidentiality of information and records received during or related to the performance of this Contract, including patient and client records that contain protected health information (PHI), and any other information that discloses confidential personal information or identifies any client served by DSHS, in accordance with applicable federal and state laws, rules and regulations, including but not limited to 7 CFR Part 246; 42 CFR Part 2; 45 CFR Parts 160 and 164 (Health Insurance Portability and Accountability Act IHIPAA]); Tex. Health & Safety Code Chapters 12, 47, 81, 82, 85, 88, 92, 161, 181, 24I, 245, 251, 534, 576, 577, 596, 611, and 773; and Tex. Occ. Code Chapters 56 and 159 and all applicable rules and regulations. Section 8.02 Department Access to PHI and Other Confidential Information. Contractor shall cooperate with Department to allow Department to request, collect and receive PHI and other confidential information under this Contract, without the consent of the individual to whom the PHI relates, for funding, payment and administration of the grant program, and for purposes permitted under applicable state and federal confidentiality and privacy laws. Section 8.03 Exchange of Client -Identifying Information. Except as prohibited by other law, Contractor and DSHS shall exchange PHI without the consent of clients in accordance with 45 CFR § 164.504(e)(3)(i)(B), Tex. Health & Safety Code § 533.009 and Rule Chapter 414, Subchapter A or other applicable laws or rules. Contractor shall disclose information described in Tex. Health & Safety Code § 614.017(a)(2) relating to special needs offenders, to an agency described in Tex. Health & Safety Code § 614.017(c) upon request of that agency, unless Contractor documents that the information is not allowed to be disclosed under 45 CFR Part 164 or other applicable law. Section 8.04 Security of Patient or Client Records. Contractor shall maintain patient and client records in compliance with state and federal law relating to security and retention of medical or mental health and substance abuse patient and client records. Department may require Contractor to transfer original or copies of patient and client records to Department, without the consent or authorization of the patient or client, upon termination of this Contract or a Program Attachment to this Contract, as applicable, or if the care and treatment of the individual patient or client is transferred to another entity. Prior to providing services funded under this Contract to a patient or client, Contractor shall attempt to obtain consent from the patient or client to transfer copies of patient or client records to another entity funded by DSHS upon termination of this Contract or a Program Attachment to this Contract, as applicable, or if care or treatment is transferred to another DSHS-funded contractor. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 18 Section 8.05 HIV/AIDS Model Workplace Guidelines. If providing direct client care, services, or programs, Contractor shall implement Department's policies based on the HIV/AIDS (human immunodeficiency virus/acquired immunodeficiency syndrome) Model Workplace Guidelines for Businesses, State Agencies, and State Contractors, Policy No. 090.021, and Contractor shall educate employees and clients concerning HIV and its related conditions, including AIDS, in accordance with the Tex. Health & Safety Code § 85.112-114. A link to the Model Workplace Guidelines can be found at http: www.dshs.state,tx.us/hivstd policy policiew.hcEn_ ARTICLE IX REQUIRED DISCLOSURES Section 9.01 Texas Public Information Act. Notwithstanding any provision in this Contract to the contrary, the Department will comply with the Texas Public Information Act, Texas Government Code, Chapter 552, as interpreted by judicial opinions and the opinions of the Attorney General of the State of Texas. If Contractor is not a state agency, institution of higher education or other governmental entity, then Contractor is required to make any information created or exchanged with the state pursuant to a contract, which is not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the state. ARTICLE X RECORDS RETENTION Section 10.01 Retention. Contractor shall retain and preserve records in accordance with applicable state and federal statutes, rules and regulations. At a minimum, Contractor shall retain and preserve all other records, including financial records that are generated or collected by Contractor under the provisions of this Contract, for a period of four (4) years after the termination of this Contract. If services are funded through Medicaid, the federal retention period, if more than four (4) years, will apply. Contractor shall retain all records pertaining to this Contract that are the subject of litigation or an audit until the litigation has ended or all questions pertaining to the audit are resolved. Legal requirements for Contractor may extend beyond the retention schedules established in this section. Contractor shall retain medical records in accordance with Tex. Admin. Code Title 22, Part 9, § 165.1(b) and (c) or other applicable statutes, rules and regulations governing medical information. Contractor shall include this provision concerning records retention in any subcontract it awards. If Contractor ceases business operations, it shall ensure that records relating to this Contract are securely stored and are accessible by the Department upon Department's request for at least four (4) years from the date Contractor ceases business or from the date this Contract terminates, whichever is sooner. Contractor shall provide, and update as necessary, the name and address of the party responsible for storage of records to the contract manager assigned to the Program Attachment . ARTICLE XI ACCESS, INSPECTION AND AUDIT OF RECORDS Section 11.01 Access and Inspection. In addition to any right of access arising by operation of law, Contractor, and any of Contractor's affiliate or subsidiary organizations or subcontractors shall permit the Department or any of its duly General Provisions (Core Subrecipient) 2015 (Month Day, Year) 19 authorized representatives, as well as duly authorized federal, state or local authorities, including the Comptroller General of the United States, OIG, and the State Auditor's Office (SAO), unrestricted access to and the right to examine any site where business is conducted or client services are performed, and all records (including financial records, client and patient records, if any, and Contractor's personnel records and governing body personnel records), books, papers or documents related to this Contract; and the right to interview members of Contractor's governing body, staff, volunteers, participants and clients concerning the Contract, Contractor's business and client services. If deemed necessary by the Department or the OIG, for the purpose of investigation or hearing, Contractor shall produce original documents related to this Contract. The Department and HHSC will have the right to audit billings both before and after payment, and all documentation that substantiates the billings. Contractor shall make available to the Department information collected, assembled or maintained by Contractor relative to this Contract for the Department to respond to requests that it receives under the Public Information Act. Contractor shall include this provision concerning the right of access to, and examination of, sites and information related to this Contract in any subcontract it awards. Section 11.02 State Auditor's Office. Contractor shall, upon request, make all records, books, papers, documents, or recordings related to this Contract available for inspection, audit, or reproduction during normal business hours to any authorized representative of the SAO. Contractor understands that the acceptance of funds under this Contract acts as acceptance of the authority of the SAO, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor shall cooperate fully with the SAO or its successor in the conduct of the audit or investigation, including providing all records requested, and providing access to any information the SAO considers relevant to the investigation or audit. The SAO's authority to audit funds will apply to Contract funds disbursed by Contractor to its subcontractors, and Contractor shall include this provision concerning the SAO's authority to audit and the requirement to cooperate, in any subcontract Contractor awards. Section 11.03 Responding to Deficiencies. Any deficiencies identified by DSHS or HHSC upon examination of Contractor's records or during an inspection of Contractor's site(s) will be conveyed in writing to Contractor. Contractor shall submit, by the date prescribed by DSHS, a resolution to the deficiency identified in a site inspection, program or management review or financial audit to the satisfaction of DSHS or, if directed by DSHS, a corrective action plan to resolve the deficiency. A DSHS or HHSC determination of either an inadequate or inappropriate resolution of the findings may result in contract remedies or sanctions under the Breach of Contract and Remedies for Non -Compliance Article of these General Provisions. ARTICLE XII NOTICE REQUIREMENTS Section 12.01 Child Abuse Reporting Requirement. This section applies to mental health and substance abuse contractors and contractors for the following public health programs: Human Immunodeficiency Virus/Sexually Transmitted Diseases General Provisions (Core Subrecipient) 2015 (Month Day, Year) 20 (HIV: STD); Family Planning (Titles V, X and XX); Primary Health Care; Maternal and Child Health; and Women, Infants and Children (WIC) Nutrition Services. Contractor shall comply with child abuse reporting guidelines and requirements in Tex. Fam. Code Chapter 261 relating to investigations of reports of child abuse and neglect. Contractor shall develop, implement and enforce a written policy that includes at a minimum the Department's Child Abuse Screening, Documenting, and Reporting Policy for Contractors/Providers and train all staff on reporting requirements. Contractor shall use the DSHS Child Abuse Reporting Form as required by the Department located at www.dshs.state.tx.us childabuserenortint. Contractor shall retain reporting documentation on site and make it available for inspection by DSHS. Section 12.02 Significant Incidents. In addition to notifying the appropriate authorities, Contractor shall report to the contract manager assigned to the Program Attachment significant incidents involving substantial disruption of Contractor's program operation, or affecting or potentially affecting the health, safety or welfare of Department -funded clients or participants within seventy-two (72) hours of discovery. Section 12.03 Litigation. Contractor shall notify the contract manager assigned to the Program Attachment of litigation related to or affecting this Contract and to which Contractor is a party within seven (7) calendar days of becoming aware of such a proceeding. This includes, but is not limited to an action, suit or proceeding before any court or governmental body, including environmental and civil rights matters, professional liability, and employee litigation. Notification must include the names of the parties, nature of the litigation and remedy sought, including amount of damages, if any. Section 12.04 Contract or License Action Against the Contractor. Contractor shall notify the contract manager assigned to the Contract if Contractor has had a contract suspended or terminated for cause by any local, state or federal department or agency or nonprofit entity within three (3) working days of the suspension or termination. Such notification must include the reason for such action; the name and contact information of the local, state or federal department or agency or entity; the date of the contract; the date of the suspension or termination; and the contract or case reference number. If Contractor, as an organization, has surrendered its license or has had its license suspended or revoked by any local, state or federal department or agency or non- profit entity, it shall disclose this information within three (3) working days of the surrender, suspension or revocation to the contract manager assigned to the Program Attachment by submitting a one-page description that includes the reason(s) for such action; the name and contact information of the local, state or federal department or agency or entity; the date of the license action; and a license or case reference number. Section 12.05 Insolvency. Contractor shall notify in writing the contract manager assigned to the Program Attachment of Contractor's insolvency, incapacity, or outstanding unpaid obligations to the Internal Revenue Service (IRS) or Texas Workforce Commission (TWC) within three (3) working days of the date of General Provisions (Core Subrecipient) 2015 (Month Day, Year) 21 determination that Contractor is insolvent or incapacitated, or the date Contractor discovered an unpaid obligation to the IRS or TWC. Contractor shall notify in writing the contract manager assigned to the Program Attachment of its plan to seek bankruptcy protection within three (3) working days of such action by Contractor's governing body. Section 12.06 Misuse of Funds and Performance Malfeasance. Contractor shall report to the contract manager assigned to the Program Attachment , any knowledge of debarment, suspected fraud, program abuse, possible illegal expenditures, unlawful activity, or violation of financial laws, rules, policies, and procedures related to performance under this Contract. Contractor shall make such report no later than three (3) working days from the date that Contractor has knowledge or reason to believe such activity has taken place. Additionally, if this Contract is federally funded by the Department of Health and Human Services (HHS), Contractor shall report any credible evidence that a principal, employee, subcontractor or agent of Contractor, or any other person, has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving those funds. Contractor shall make this report to the SAO at http: sao.fraud.state.tx.us, and to the HHS Office of Inspector General at http:. www.oie.hhs.iov friud/hotline no later than three (3) working days from the date that Contractor has knowledge or reason to believe such activity has taken place. Section 12.07 Criminal Activity and Disciplinary Action. Contractor affirms that no person who has an ownership or controlling interest in the organization or who is an agent or managing employee of the organization has been placed on community supervision, received deferred adjudication, is presently indicted for or has been convicted of a criminal offense related to any financial matter, federal or state program or felony sex crime. Contractor shall notify in writing the contract manager assigned to the Program Attachment if it has reason to believe Contractor, or a person with ownership or controlling interest in the organization or who is an agent or managing employee of the organization, an employee or volunteer of Contractor, or a subcontractor providing services under this Contract has engaged in any activity that would constitute a criminal offense equal to or greater than a Class A misdemeanor or if such activity would reasonably constitute grounds for disciplinary action by a state or federal regulatory authority, or has been placed on community supervision, received deferred adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any financial matter, federal or state program or felony sex crime. Contractor shall make the reports required by this section no later than three (3) working days from the date that Contractor has knowledge or reason to believe such activity has taken place. Contractor shall not permit any person who engaged, or was alleged to have engaged, in an activity subject to reporting under this section to perform direct client services or have direct contact with clients, unless otherwise directed by DSHS. Section 12.08 Retaliation Prohibited. Contractor shall not retaliate against any person who reports a violation of, or cooperates with an investigation regarding, any applicable law, rule, regulation or standard to the Department, another state agency, or any federal, state or local law enforcement official. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 22 Section 12.09 Documentation. Contractor shall maintain appropriate documentation of all notices required under these General Provisions. ARTICLE XIII ASSURANCES AND CERTIFICATIONS Section 13.01 Certification. Contractor certifies by execution of this Contract to the following: a) it is not disqualified under 2 CFR §376.935 or ineligible for participation in federal or state assistance programs; b) neither it, nor its principals, are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal or state department or agency in accordance with 2 CFR Parts 376 and 180 (parts A -I), 45 CFR Part 76 (or comparable federal regulations); c) it has not knowingly failed to pay a single substantial debt or a number of outstanding debts to a federal or state agency; d) it is not subject to an outstanding judgment in a suit against Contractor for collection of the balance of a debt; e) it is in good standing with all state and or federal agencies that have a contracting or regulatory relationship with Contractor; f) that no person who has an ownership or controlling interest in Contractor or who is an agent or managing employee of Contractor has been convicted of a criminal offense related to involvement in any program established under Medicare, Medicaid, or a federal block grant; g) neither it, nor its principals have within the three(3)-year period preceding this Contract, has been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a private or public (federal, state or local) transaction or contract under a private or public transaction, violation of federal or state antitrust statutes (including those proscribing price-fixing between competitors, allocation of customers between competitors and bid -rigging), or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or false claims, tax evasion, obstruction of justice, receiving stolen property or any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of Contactor or its principals; h) neither it, nor its principals is presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with the commission of any of the offenses enumerated in subsection g) of this section; and i) neither it, nor its principals within a three(3)-year period preceding this Contract has had one or more public transaction (federal, state or local) terminated for cause or default. Contractor shall include the certifications in this Article in all subcontracts and solicitations for subcontracts. Where Contractor is unable to certify to any of the statements in this Article, Contractor shall submit an explanation to the contract manager assigned to the Program Attachment . If Contractor's status with respect to the items certified in this Article changes during the term of this Contract, Contractor shall immediately notify the contract manager assigned to the Program Attachment . General Provisions (Core Subrecipient) 2015 (Month Day, Year) 23 Section 13.02 Child Support Delinquencies. As required by Tex. Fam. Code § 231.006, a child support obligor who is more than thirty (30) calendar days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least twenty-five percent (25%) is not eligible to receive payments from state funds under a contract to provide property, materials, or services or receive a state -funded grant or loan. If applicable, Contractor shall maintain its eligibility to receive payments under this Contract, certifies that it is not ineligible to receive the payments specified in this Contract, and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate. Section 13.03 Authorization. Contractor certifies that it possesses legal authority to contract for the services described in this Contract and, if applicable, that a resolution, motion or similar action has been duly adopted or passed as an official act of Contractor's governing body, authorizing the binding of the organization under this Contract including all understandings and assurances contained in this Contract, and directing and authorizing the person identified as the authorized representative of Contractor to act in connection with this Contract and to provide such additional information as may be required. Section 13.04 Gifts and Benefits Prohibited. Contractor certifies that it has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, present or future employment, gift, loan, gratuity, special discount, trip, favor, service or anything of monetary value to a DSHS or HHSC official or employee in connection with this Contract. Section 13.05 Ineligibility to Receive the Contract. (a) Pursuant to Tex. Gov. Code § 2155.004 and federal law, Contractor is ineligible to receive this Contract if this Contract includes financial participation by a person who received compensation from DSHS to participate in developing, drafting or preparing the specifications, requirements, statement(s) of work or Solicitation Document on which this Contract is based. Contractor certifies that neither Contractor, nor its employees, nor anyone acting for Contractor has received compensation from DSHS for participation in the development, drafting or preparation of specifications, requirements or statement(s) of work for this Contract or in the Solicitation Document on which this Contract is based; (b) pursuant to Tex. Gov. Code §§ 2155.006 and 2261.053, Contractor is ineligible to receive this Contract, if Contractor or any person who would have financial participation in this Contract has been convicted of violating federal law, or been assessed a federal civil or administrative penalty, in connection with a contract awarded by the federal government for relief, recovery or reconstruction efforts as a result of Hurricanes Rita or Katrina or any other disaster occurring after September 24, 2005; (c) Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive the specified Contract under Tex. Gov. Code §§ 2155.004, 2155.006 or 2261.053, and acknowledges that this Contract may be terminated and payment withheld if these certifications are inaccurate. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 14 Section 13.06 Antitrust. Pursuant to 15 USC § 1, et seq. and Tex. Bus. & Comm. Code § 15.01, et seq. Contractor certifies that neither Contractor, nor anyone acting for Contractor has violated the antitrust laws of this state or federal antitrust laws, nor communicated directly or indirectly regarding a bid with any competitor or any other person engaged in Contractor's line of business for the purpose of substantially lessening competition in such line of business. Section 13.07 Initiation and Completion of Work. Contractor certifies that it shall initiate and complete the work under this Contract within the applicable time frame prescribed in this Contract. ARTICLE XIV GENERAL BUSINESS OPERATIONS OF CONTRACTOR Section 14.01 Responsibilities and Restrictions Concerning Governing Body, Officers and Employees. Contractor and its governing body shall bear full responsibility for the integrity of the fiscal and programmatic management of the organization. This provision applies to all organizations, including Section 501(c)(3) organizations as defined in the Internal Revenue Service Code as not-for-profit organizations. Each member of Contractor's governing body shall be accountable for all funds and materials received from Department. The responsibility of Contractor's governing body shall also include accountability for compliance with Department Rules, policies, procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self-evaluation and Department's monitoring processes. Further, Contractor's governing body shall ensure separation of powers, duties, and functions of governing body members and staff. Staff members, including the executive director, shall not serve as voting members of Contractor's governing body. No member of Contractor's governing body, or officer or employee of Contractor shall vote for, confirm or act to influence the employment, compensation or change in status of any person related within the second degree of affinity or the third degree of consanguinity (as defined in Tex. Gov. Code Chapter 573) to the member of the governing body or the officer or any employee authorized to employ or supervise such person. This prohibition does not prohibit the continued employment of a person who has been continuously employed for a period of two (2) years prior to the election, appointment or employment of the officer, employee, or governing body member related to such person in the prohibited degree. These restrictions also apply to the governing body, officers and employees of Contractor's subcontractors. Ignorance of any Contract provisions or other requirements contained or referred to in this Contract will not constitute a defense or basis for waiving or appealing such provisions or requirements. Section 14.02 Management and Control Systems. Contractor shall comply with all the requirements of the Department's Contractor's Financial Procedures Manual, and any of its subsequent amendments, which is available at the Department's web site: http: www.dshs.state.tx.us/contracts cfpm.shtm. Contractor shall maintain an appropriate contract administration system to ensure that all terms, conditions, and specifications are met during General Provisions (Core Subrecipient) 2015 (Month Day, Year) 25 the term of the contract through the completion of the closeout procedures. Contractor shall develop, implement, and maintain financial management and control systems that meet or exceed the requirements of UGMS and adhere to procedures detailed in Department's Contractor's Financial Procedures Manual. Those requirements and procedures include, at a minimum, the following: a) 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; b) financial management systems that include accurate accounting records that are accessible and identify the source and application of funds provided under each Program Attachment of this Contract, and original source documentation substantiating that costs are specifically and solely allocable to a Program Attachment and are traceable from the transaction to the general ledger; and c) effective internal and budgetary controls; comparison of actual costs to budget; determination of reasonableness, allowableness, and allocability of costs; timely and appropriate audits and resolution of any findings; billing and collection policies; and a mechanism capable of billing and making reasonable efforts to collect from clients and third parties. Section 14.03 Insurance. Contractor shall maintain insurance or other means of repairing or replacing assets purchased with Department funds. Contractor shall repair or replace with comparable equipment any such equipment not covered by insurance that is lost, stolen, damaged or destroyed. If any insured equipment purchased with DSHS funds is lost, stolen, damaged or destroyed, Contractor shall notify the contract manager assigned to the Program Attachment to obtain instructions whether to submit and pursue an insurance claim. Contractor shall use any insurance proceeds to repair the equipment or replace the equipment with comparable equipment or remit the insurance proceeds to DSHS. Section 14.04 Fidelity Bond. For the benefit of DSHS, Contractor is required to carry a fidelity bond or insurance coverage equal to the amount of funding provided under this Contract up to $100,000 that covers each employee of Contractor handling funds under this Contract, including person(s) authorizing payment of such funds. The fidelity bond or insurance must provide for indemnification of losses occasioned by (1) any fraudulent or dishonest act or acts committed by any of Contractor's employees, either individually or in concert with others, and/or (2) failure of Contractor or any of its employees to perform faithfully his/her duties or to account properly for all monies and property received by virtue of his/her position or employment. The bond or insurance acquired under this section must include coverage for third party property. Contractor shall notify, and obtain prior approval from, the DSHS Contract Oversight and Support Section before settling a claim on the fidelity bond or insurance. Section 14.05 Liability Coverage. For the benefit of DSHS, Contractor shall at all times maintain liability insurance coverage, referred to in Tex. Gov. Code § 2261.102, as "director and officer liability coverage" or similar coverage for all persons in management or governing positions within Contractor's organization or with management or governing authority over Contractor's organization (collectively "responsible persons"). Contractor shall maintain copies of liability policies on site for inspection by DSHS and shall submit copies of policies to DSHS upon request. This section applies to entities that are organized as non-profit corporations under the Texas Non -Profit Corporation Act; for-profit General Provisions (Core Subrecipient) 2015 (Month Day, Year) 26 corporations organized under the Texas Business Corporations Act; and any other legal entity. Contractor shall maintain liability insurance coverage in an amount not less than the total value of this Contract and that is sufficient to protect the interests of Department in the event an actionable act or omission by a responsible person damages Department's interests. Contractor shall notify, and obtain prior approval from, the DSHS Contract Oversight and Support Section before settling a claim on the insurance. Section 14.06 Overtime Compensation. Except as provided in this section, Contractor shall be responsible for any obligations of premium overtime pay due employees. Premium overtime pay is defined as any compensation paid to an individual in addition to the employee's normal rate of pay for hours worked in excess of normal working hours. Funds provided under this Contract may be used to pay the premium portion of overtime only under the following conditions: 1) with the prior written approval of DSHS; 2) temporarily, in the case of an emergency or an occasional operational bottleneck; 3) when employees are performing indirect functions, such as administration, maintenance, or accounting; 4) in performance of tests, laboratory procedures, or similar operations that are continuous in nature and cannot reasonably be interrupted or otherwise completed; or 5) when lower overall cost to DSHS will result. Section 14.07 Program Site. Contractor shall provide services only in locations that are in compliance with all applicable local, state and federal zoning, building, health, fire, and safety standards. Section 14.08 Cost Allocation Plan. Contractor shall submit a Cost Allocation Plan in the format provided in the Department's Contractor's Financial Procedures Manual to the Department's Contract Oversight and Support Section, at Mail Code 1326, P.O. Box 149347, Austin, Texas 78714-9347, or by email to mailto:coscanadshs.state.tx.us no later than the 60'k' calendar day after the effective date of the Contract, except when a Contractor has a current Cost Allocation Plan on file with the Department. Contractor shall implement and follow the applicable Cost Allocation Plan. If Contractor's plan is the same as the plan previously submitted to DSHS, by signing this Contract, Contractor certifies that its current Cost Allocation Plan for the current year is the same as the plan previously submitted. If the Cost Allocation Plan changes during the Contract term, Contractor shall submit a new Cost Allocation Plan to the Contract Oversight and Support Section within thirty (30) calendar days after the effective date of the change. Cost Allocation Plans must comply with the guidelines provided in the Department's Contractor's Financial Procedures Manual located at http: ►vww.dshs.state.tx.us/contractscfpm.shtm. Section 14.09 No Endorsement. Other than stating the fact that Contractor has a contract with DSHS, Contractor and its subcontractors are prohibited from publicizing the contractual relationship between Contractor and DSHS, and from using the Department's name, logo or website link in any manner that is intended, General Provisions (Core Subrecipient) 2015 (Month Day, Year) 27 or that could be perceived, as an endorsement or sponsorship by DSHS or the State of Texas of Contractor's organization, program, services or product, without the express written consent of DSHS. Section 14.10 Historically Underutilized Businesses (HUBs). If Contractor was not required to submit a HUB subcontracting plan and if subcontracting is permitted under this Program Attachment, Contractor is encouraged to make a good faith effort to consider subcontracting with HUBs in accordance with Tex. Gov. Code Chapter 2161 and 34 Tex. Admin. Code § 20.10 et seq. Contractors may obtain a list of HUBs at http: www.window.state.tx.us procurement/prog/hub. If Contractor has filed a HUB subcontracting plan, the plan is incorporated by reference in this Contract. If Contractor desires to make a change in the plan, Contractor must obtain prior approval from the Department's HUB Coordinator of the revised plan before proposed changes will be effective under this Contract. Contractor shall make a good faith effort to subcontract with HUBs during the performance of this Contract and shall report HUB subcontract activity to the Department's HUB Coordinator by the 15th day of each month for the prior month's activity, if there was any such activity, in accordance with 34 Tex. Admin. Code § 20.16(b). Section 14.11 Buy Texas. Contractor shall purchase products and materials produced in Texas when the products and materials are available at a price and time comparable to products and materials produced outside of Texas as required by Tex. Gov. Code § 2155.4441. Section 14.12 Contracts with Subrecipient and Vendor Subcontractors. Contractor may enter into contracts with subrecipient subcontractors unless restricted or otherwise prohibited in a specific Program Attachment(s). Prior to entering into a subrecipient agreement equaling or exceeding $100,000, Contractor shall obtain written approval from DSHS. Contractor shall establish written policies and procedures for competitive procurement and monitoring of subcontracts and shall produce a subcontracting monitoring plan. Contractor shall monitor subrecipient subcontractors for both financial and programmatic performance and shall maintain pertinent records that must be available for inspection by DSHS. Contractor shall ensure that subcontractors are fully aware of the requirements placed upon them by state.. federal statutes, rules, and regulations and by the provisions of this Contract. Contracts with all subcontractors, whether vendor or subrecipient, must be in writing and include the following: a) name and address of all parties and the subcontractor's Vendor Identification Number (VIN) or Employee Identification Number (E1N); b) a detailed description of the services to be provided; c) measurable method and rate of payment and total not -to -exceed amount of the contract; d) clearly defined and executable termination clause; and e) beginning and ending dates that coincide with the dates of the applicable Program Attachment(s) or that cover a term within the beginning and ending dates of the applicable Program Attachment(s). General Provisions (Core Subrecipient) 2015 (Month Day, Year) 28 Contractor is responsible to DSHS for the performance of any subcontractor. Contractor shall not contract with a subcontractor, at any tier, that is debarred, suspended, or excluded from or ineligible for participation in federal assistance programs; or if the subcontractor would be ineligible under the following sections of these General Provisions: Ineligibility to Receive the Contract section (Assurances and Certifications Article); or the Conflict of Interest or Transactions Between Related Parties sections (General Terms Article). Section 14.13 Status of Subcontractors. Contractor shall require all subcontractors to certify that they are not delinquent on any repayment agreements; have not had a required license or certification revoked; and have not had a contract terminated by the Department. Contractors shall further require that subcontractors certify that they have not voluntarily surrendered within the past three (3) years any license issued by the Department. Section 14.14 Incorporation of Terms in Subrecipient Subcontracts. Contractor shall include in all its contracts with subrecipient subcontractors and solicitations for subrecipient subcontracts, without modification (except as required to make applicable to the subcontractor), (1) the certifications stated in the Assurances and Certifications Article; (2) the requirements in the Conflicts of Interest section and the Transaction Between Related Parties section of the General Terms Article; and (3) a provision granting to DSHS, SAO, O1G, and the Comptroller General of the United States, and any of their representatives, the right of access to inspect the work and the premises on which any work is performed, and the right to audit the subcontractor in accordance with the Access and Inspection Article in these General Provisions. Each subrecipient subcontract contract must also include a copy of these General Provisions and a copy of the Statement of Work and any other provisions in the Program Attachment(s) applicable to the subcontract. Contractor shall ensure that all written agreements with subrecipient subcontractors incorporate the terms of this Contract so that all terms, conditions, provisions, requirements, duties and liabilities under this Contract applicable to the services provided or activities conducted by a subcontractor are passed down to that subcontractor. No provision of this Contract creates privity of contract between DSHS and any subcontractor of Contractor. If a subcontractor is unable to certify to any of the statements in Section 14.13 or any of the certifications stated in the Assurances and Certifications Article, Contractor shall submit an explanation to the contract manager assigned to the Program Attachment . If the subcontractor's status with respect to the items certified in Section 14.13 or the assurances stated in the Assurances and Certifications Article changes during the term of this Contract, Contractor shall immediately notify the contract manager assigned to the Program Attachment . Section 14.15 Independent Contractor. Contractor is an independent contractor. Contractor shall direct and be responsible for the performance of its employees, subcontractors, joint venture participants or agents. Contractor is not an agent or employee of the Department or the State of Texas for any purpose whatsoever. For purposes of this Contract, Contractor acknowledges that its employees, subcontractors, joint venture participants or agents will not be eligible for unemployment compensation from the Department or the State of Texas. General Provisions (Core Subrecipient) 2015 (Month Day, Year) Section 14.16 Authority to Bind. The person or persons signing this Contract on behalf of Contractor, or representing themselves as signing this Contract on behalf of Contractor, warrant and guarantee that they have been duly authorized by Contractor to execute this Contract for Contractor and to validly and legally bind Contractor to all of its terms. Section 14.17 Tax Liability. Contractor shall comply with all state and federal tax laws and is solely responsible for filing all required state and federal tax forms and making all tax payments. Ifthe Department discovers that Contractor has failed to remain current on a liability to the IRS, this Contract will be subject to remedies and sanctions under this Contract, including immediate termination at the Department's discretion. If the Contract is terminated under this section, the Department will not enter into a contract with Contractor for three (3) years from the date of termination. Section 14.18 Notice of Organizational Change. Contractor shall submit written notice to the contract manager assigned to the Program Attachment within ten (10) business days of any change to the Contractor's name; contact information; key personnel, officer, director or partner; organizational structure, such as merger, acquisition or change in form of business; legal standing; or authority to do business in Texas. A change in Contractor's name and certain changes in organizational structure require an amendment to this Contract in accordance with the Amendments section of these General Provisions. Section 14.19 Quality Management. Contractor shall comply with quality management requirements as directed by the Department. Section 14.20 Equipment. Equipment means an article of nonexpendable, tangible personal property having a useful lifetime of more than one year and an acquisition cost of $5,000 or more. Contractors shall inventory all equipment, and report the inventory on the Contractors Property Inventory Form as required under Section 14.23. Contractor shall initiate the purchase of all equipment approved in writing by DSHS, in the first quarter of the Contract or Program Attachment term, as applicable. Failure to timely initiate the purchase of equipment may result in the loss of availability of funds for the purchase of equipment. Requests to purchase previously approved equipment after the first quarter of the Program Attachment must be submitted to the contract manager assigned to the Program Attachment. Section 14.21 Supplies. Supplies are defined as consumable items necessary to carry out the services under this Contract including medical supplies, drugs, janitorial supplies, office supplies, patient educational supplies, software, and any items of tangible personal property other than those defined as equipment above. Tangible personal property includes controlled assets, including firearms, regardless of the acquisition cost, and the following assets with an acquisition cost of $500 or more, but less than General Provisions (Core Subrecipient) 2015 (Month Day, Year) 30 $5,000: desktop and laptop computers (including notebooks, tablets and similar devices), non- portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment are also considered Supplies. Prior approval by DSHS of the purchase of controlled assets is not required, but such purchases must be reported an the Contractors Property Inventory Form as detailed under Section 14.23. Section 14.22 Changes to Equipment List. All items of equipment to be purchased with funds under this Contract must be itemized in Contractor's equipment list as finally approved by the Department in the executed Contract. Any changes to the approved equipment list in the executed Contract must be approved in writing by Department prior to the purchase of equipment. Contractor shall submit to the contract manager assigned to the Program Attachment, a written description including complete product specifications and need justification prior to purchasing any item of unapproved equipment. If approved, Department will acknowledge its approval by means of a written amendment or by written acceptance of Contractor's Contract Revision Request, as appropriate; or, in the case of minor changes to Contractor's approved equipment list, by email in accordance with the Contractor's Financial Procedures Manual. Section 14.23 Property Inventory and Protection of Assets. Contractor shall maintain an inventory of equipment, supplies defined as controlled assets, and property described in the Other Intangible Property section of Article XIII and submit an annual cumulative report of the equipment and other property on Contractor's Property Inventory Report to the Department's Contract Oversight and Support Section, Mail Code 1326, P.O. Box 149347, Austin, Texas 78714-9347, no later than October 15th of each year. The report is located on the DSHS website at http: www.dshs.state.tx.uscontracts fonns.shtm. Contractor shall maintain, repair, and protect assets under this Contract to assure their full availability and usefulness. If Contractor is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the assets provided or obtained under this Contract, Contractor shall use the proceeds to repair or replace those assets. Section 14.24 Bankruptcy. In the event of bankruptcy, Contractor shall sever Department property, equipment, and supplies in possession of Contractor from the bankruptcy, and title must revert to Department. If directed by DSHS, Contractor shall return all such property, equipment and supplies to DSHS. Contractor shall ensure that its subcontracts, if any, contain a specific provision requiring that in the event the subcontractor's bankruptcy, the subcontractor must sever Department property, equipment, and supplies in possession of the subcontractor from the bankruptcy, and title must revert to Department, who may require that the property, equipment and supplies be returned to DSHS. Section 14.25 Title to Property. At the conclusion of the contractual relationship between the Department and Contractor, for any reason, title to any remaining equipment and supplies purchased with funds under this Contract General Provisions (Core Subrecipient) 2015 (Month Day, Year) 31 reverts to Department. Title may be transferred to any other party designated by Department. The Department may, at its option and to the extent allowed by law, transfer the reversionary interest to such property to Contractor. Section 14.26 Property Acquisitions. Department funds must not be used to purchase buildings or real property. Any costs related to the initial acquisition of the buildings or real property are not allowable. Section 14.27 Disposition of Property. Contractor shall follow the procedures in the American Hospital Association's (AHA's) "Estimated Useful Lives of Depreciable Hospital Assets" in disposing, at any time during or after the Contract term, of equipment purchased with the Department funds, except when federal or state statutory requirements supersede or when the equipment requires licensure or registration by the state, or when the acquisition price of the equipment is equal to or greater than $5,000. All other equipment not listed in the AHA reference (other than equipment that requires licensure or registration or that has an acquisition cost equal to or greater than $5,000) will be controlled by the requirements of UGMS. If, prior to the end of the useful life, any item of equipment is no longer needed to perform services under this Contract, or becomes inoperable, or if the equipment requires licensure or registration or had an acquisition price equal to or greater than $5,000, Contractor shall request disposition approval and instructions in writing from the contract manager assigned to the Program Attachment. After an item reaches the end of its useful life, Contractor shall ensure that disposition of any equipment is in accordance with Generally Accepted Accounting Principles, and any applicable federal guidance. Section 14.28 Closeout of Equipment. At the end of the tern ofa Program Attachment that has no additional renewals or that will not be renewed (Closeout) or when a Program Attachment is otherwise terminated, Contractor shall submit to the contract manager assigned to the Program Attachment, an inventory of equipment purchased with Department funds and request disposition instructions for such equipment. All equipment purchased with Department funds must be secured by Contractor at the time of Closeout or termination of the Program Attachment and must be disposed of according to the Department's disposition instructions, which may include return of the equipment to DSHS or transfer of possession to another DSHS contractor, at Contractor's expense. Section 14.29 Assets as Collateral Prohibited. Contractors on a cost reimbursement payment method shall not encumber equipment purchased with Department funds without prior written approval from the Department. ARTICLE XV GENERAL TERMS Section 15.01 Assignment. Contractor shall not transfer, assign, or sell its interest, in whole or in part, in this Contract, or in any equipment purchased with funds from this Contract, without the prior written consent of the Department. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 32 Section 15.02 Lobbying. Contractor shall comply with Tex. Gov. Code § 556.0055, which prohibits contractors who receive state funds from using those funds to pay lobbying expenses. Further, Contractor shall not use funds paid under this Contract, either directly or indirectly, to support the enactment, repeal, modification, or adoption of any Iaw, regulation or policy at any level of government, or to pay the salary or expenses of any person related to any activity designed to influence legislation, regulation, policy or appropriations pending before Congress or the state legislature, or for influencing or attempting to influence an officer or employee of any federal or state agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any contract or the extension, continuation, renewal, amendment, or modification of any contract (31 USC § 1352 and UGMS). If at any time this Contract exceeds $ 100,000 of federal funds, Contractor shall file with the contract manager assigned to the Program Attachment a declaration containing the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of Contractor in connection with this Contract, a certification that none of the funds provided by Department have been or will be used for payment to lobbyists, and disclosure of the names of any and alI registered lobbyists with whom Contractor has an agreement. Contractor shall file the declaration, certification, and disclosure at the time of application for this Contract; upon execution of this Contract unless Contractor previously filed a declaration, certification, or disclosure form in connection with the award; and at the end of each calendar quarter in which any event occurs that materially affects the accuracy of the information contained in any declaration, certification, or disclosure previously filed. Contractor shall require any person who requests or receives a subcontract to file the same declaration, certification, and disclosure with the contract manager assigned to the Program Attachment. Contractor shall also comply, as applicable, with the lobbying restrictions and requirements in 2 CFR Part 230 (OMB Circulars A-122), Appendix B paragraph 25; 2 CFR Part 225 (A-87) Appendix B section -24; 2 CFR §215.27 (A -I 10) and 2 CFR Part 220 (A-21) Appendix A, subsection J.17 and J.28. Contractor shall include this provision in any subcontracts. Section 15.03 Conflict of Interest. Contractor represents to the Department that it and its -subcontractors, if any, do not have nor shall Contractor or its subcontractors knowingly acquire or retain, any financial or other interest that would conflict in any manner with the performance of their obligations under this Contract. Potential conflicts of interest include, but are not limited to, an existing or potential business or personal relationship between Contractor (or subcontractor), its principal (or a member of the principal's immediate family), or any affiliate or subcontractor and the Department or HHSC, their commissioners or employees, or any other entity or person involved in any way in any project that is the subject of this Contract. Contractor shall establish safeguards to prohibit employees and subcontractors and their employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. If, at any time during the term of this Contract, Contractor or any of its subcontractors has a conflict of interest or potential conflict of interest, Contractor shall disclose the actual or potential conflict of interest to the contract manager assigned to the Program Attachment within ten (10) days of when Contractor becomes aware of the existence of the actual or potential conflict of interest. Contractor shall require each of its subcontractors to report to Contractor any conflict of interest or potential conflict of General Provisions (Core Subrecipient) 2015 (Month Day, Year) 33 interest the subcontractor has or may have within ten (10) days of when the subcontractor becomes aware of the actual or potential conflict of interest. Section 15.04 Transactions Between Related Parties. Contractor shall identify and report to DSHS any transactions between Contractor and a related party that is part of the work that the Department is purchasing under this Contract before entering into the transaction or immediately upon discovery. A related party is a person or entity related to Contractor by blood or marriage, common ownership or any association that permits either to significantly influence or direct the actions or policies of the other. Contractor, for purposes of reporting transactions between related parties, includes the entity contracting with the Department under this Contract as well as the chief executive officer, chief financial officer and program director of Contractor. Contractor shall submit to the contract manager assigned to the Program Attachment the name, address and telephone number of the related party, how the party is related to Contractor and the work the related party will perform under this Contract. Contractor shall comply with Tex. Gov. Code Chapter 573. Contractor shall maintain records and supply any additional information requested by the Department, regarding a transaction between related parties, needed to enable the Department to determine the appropriateness of the transaction pursuant to applicable state or federal law, regulations or circulars, which may include 45 CFR part 74, OMB Circ. No. A-110, 2 CFR § 215.42, and UGMS. Section 15.05 Intellectual Property. Tex. Health & Safety Code § 12.020 authorizes DSHS to protect intellectual property developed as a result of this Contract. a) "Intellectual property" means created property that may be protected under copyright, patent, or trademark/service mark law. b) For purposes of this Contract intellectual property prepared for DSHS use, or a work specially ordered or commissioned through a contract for DSHS use is "work made for hire." DSHS owns works made for hire unless it agrees otherwise by contract. To the extent that title and interest to any such work may not, by operation of law, vest in DSHS, or such work may not be considered a work made for hire, Contractor irrevocably assigns the rights, title and interest therein to DSHS. DSHS has the right to obtain and hold in its name any and all patents, copyrights, registrations or other such protections as may be appropriate to the subject matter, and any extensions and renewals thereof. Contractor shall give DSHS and the State of Texas, as well as any person designated by DSHS and the State of Texas, all assistance required to perfect the rights defined herein without charge or expense beyond those amounts payable to Contractor for goods provided or services rendered under this Contract. c) If federal funds are used to finance activities supported by this Contract that result in the production of intellectual property, the federal awarding agency reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for federal government purposes (1) the copyright in any intellectual property developed under this Contract, including any subcontract; and (2) any rights of copyright to which a Contractor purchases ownership with contract funds. Contractor shall place an acknowledgment of federal awarding agency grant support and a disclaimer, as appropriate, on any publication written or published with such support and, if feasible, on any publication reporting the results of or describing a grant -supported activity. An acknowledgment must be to the effect that "This publication was made possible by grant number from (federal awarding agency)" or "The project described was supported by grant number from (federal awarding agency)" and "Its contents are solely the responsibility of the authors General Provisions (Core Subrecipient) 2015 (Month Day, Year) 34 and do not necessarily represent the official views of the (federal awarding agency)." d) If the terms of a federal grant award the copyright to Contractor, DSHS reserves a royalty -free, nonexclusive, worldwide and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for DSHS, public health, and state governmental noncommercial purposes (1) the copyright, trademark, service mark, and/or patent on an invention, discovery, or improvement to any process, machine, manufacture, or composition of matter; products; technology; scientific information; trade secrets; and computer software, in any work developed under a grant, subgrant, or contract under a grant or subgrant; and (2) any rights of copyright, service or trademarks or patents to which a grantee, subgrantee or a Contractor purchases ownership with contract funds. e) If the results of the contract performance are subject to copyright law, Contractor cannot publish those results without prior review and approval of DSHS. Contractor shall submit requests for review and approval to the contract manager assigned to the Program Attachment. Section 15.06 Other Intangible Property. At the conclusion of the contractual relationship between Department and Contractor, for any reason, Department shall have the sole ownership rights and interest in all non -copyrightable intangible property that was developed, produced or obtained by Contractor as a specific requirement under this Contract or under any grant that funds this Contract, such as domain names, URLs, software licenses with a value of $500 or more, etc. Contractor shall inventory all such non -copyrightable intangible property. Contractor shall cooperate with Department and perform all actions necessary to transfer ownership of such property to the Department or its designee, or otherwise affirm Department's ownership rights and interest in such property. This provision will survive the termination or expiration of this Contract. Section 15.07 Severability and Ambiguity. If any provision of this Contract is construed to be illegal or invalid, the illegal or invalid provision will be deemed stricken and deleted to the same extent and effect as if never incorporated, but all other provisions will continue. The Parties represent and agree that the language contained in this Contract is to be construed as jointly drafted, proposed and accepted. Section 15.08 Legal Notice. A ny notice required or permitted to be given by the provisions of this Contract will be deemed to have been received by a Party on the third business day after the date on which it was mailed to the Party at the address specified by the Party to the other Party in writing or, if sent by certified mail, on the date of receipt. Section 15.09 Successors. This Contract will be binding upon the Parties and their successors and assignees, except as expressly provided in this Contract. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 35 Section 15.10 Headings. The articles and section headings used in this Contract are for convenience of reference only and will not be construed in any way to define, limit or describe the scope or intent of any provisions. Section 15.11 Parties. The Parties represent to each other that they are entities fully familiar with transactions of the kind reflected by the contract documents, and are capable of understanding the terminology and meaning of their terms and conditions and of obtaining independent legal advice pertaining to this Contract. Section 15.12 Survivability of Terms. Termination or expiration of this Contract or a Program Attachment for any reason will not release either Party from any liabilities or obligations in this Contract that (a) the Parties have expressly agreed will survive any such termination or expiration, or (b) remain to be performed or (c) by their nature would be intended to be applicable following any such termination or expiration. Section 15.13 Direct Operation. At the Department's discretion, the Department may temporarily assume operations of a Contractor's program or programs funded under this Contract when the continued operation of the program by Contractor puts at risk the health or safety of clients and/or participants served by Contractor. Section 15.14 Customer Service Information. If requested, Contractor shall supply such information as required by the Department to comply with the provisions of Tex_ Gov. Code Chapter 2114 regarding Customer Service surveys. Section 15.15 Amendment. The Parties agree that the Department may unilaterally reduce funds pursuant to the terms of this Contract without the written agreement of Contractor. All other amendments to this Contract must be in writing and agreed to by both Parties, except as otherwise specified in the Contractor's Notification of Change to Certain Contract Provisions section or the Contractor's Request for Revision to Certain Contract Provisions section of this Article. Contractor's request for certain budget revisions or other amendments must be submitted in writing, including a justification for the request, to the contract manager assigned to the Program Attachment; and if a budget revision or amendment is requested during the last quarter of the Contract or Program Attachment term, as applicable, Contractor's written justification must include a reason for the delay in making the request. Revision or other amendment requests may be granted at the discretion of DSHS. Except as otherwise provided in this Article, Contractor shall not perform or produce, and DSHS will not pay for the performance or production of, different or additional goods, services, work or products except pursuant to an amendment of this Contract that is executed in compliance with this section; and DSHS will not waive any term, covenant, or condition of this Contract unless by amendment or otherwise in compliance with this Article. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 36 Section 15.16 Contractor's Notification of Change to Certain Contract Provisions. The following changes may be made to this Contract without a written amendment or the Department's prior approval: a) contractor's contact person and contact information; b) contact information for key personnel, as stated in Contractor's response to the Solicitation Document, if any; c) cumulative budget transfers that exceed 25% among direct cost categories, other than the equipment category, of cost reimbursement contract Program Attachments of less than $100.000, provided that the total budget amount is unchanged (This subsection does not apply to contracts funded by funding sources that have different percentage requirements); d) minor corrections or clarifications to the Contract language that in no way alter the scope of work, objectives or performance measures; and e) a change in Contractor's share of the budget concerning non-DSHS funding other than program income and match, regardless of the amount of the change, provided that in changing the budget, Contractor is not supplanting DSHS funds. Contractor within ten (10) calendar days shall notify in writing the contract manager assigned to the Program Attachment of any change enumerated in this section, but the contract will not be amended. The notification may be by letter, fax or email. Except for contracts funded by funding sources that have different percentage requirements, cumulative budget line item transfers of 25% or less among direct cost categories, other than equipment, of cost reimbursement contracts of any amount do not require written amendment or prior approval or notification. Section 15.17 Contractor's Request for Revision of Certain Contract Provisions. A Contractor's Revision Request is an alternative method for amending certain specified provisions of this Contract that is initiated by Contractor, but must be approved by DSHS. The following amendments to this Contract may be made through a Contractor's Revision Request, rather than through the amendment process described in the Amendment section of this Article: a) cumulative budget transfers among direct cost categories, other than the equipment category, that exceed 25% of Program Attachments of $100.000 or more, provided that the total budget amount is unchanged (This subsection does not apply to contracts funded by funding sources that have different percentage requirements); b) budget transfer to other categories of funds for direct payment to trainees for training allowances; c) change in clinic hours or location; d) change in the equipment list substituting an item of equipment equivalent to an item of equipment on the approved budget; e) changes in the equipment category of a previously approved equipment budget; f) changes specified in applicable OMB Circular cost principles as requiring prior approval, regardless of dollar threshold (e.g., foreign travel expenses, overtime premiums, membership fees; and g) cumulative budget transfers into or out of the equipment category that do not exceed 10% of any Program Attachment, provided that the total budget amount is unchanged (cumulative transfers from or to the equipment category that equal or exceed 10% of any Program Attachment require an amendment to this Contract as described in the Amendment section of this Article). In order to request a revision of any of the enumerated provisions, Contractor shall request the change in writing from their assigned contract manager. A separate Contractor Revision Request is required for each Program Attachment to be revised. Circumstances of a requested contract revision may General Provisions (Core Subrecipient) 2015 (Month Day, Year) 37 indicate the need for an amendment described in the Amendment section of this Article rather than a contract revision amendment under this section. Section 15.18 Immunity Not Waived. The Parties expressly agree that no provision of this contract is in any intended to constitute a waiver by Department or the State of Texas of any immunities from suit or from Iiability that Department or the State of Texas may have by operation of law. Section 15.19 Hold Harmless and Indemnification. Contractor, as an independent contractor, agrees to hold Department, the State of Texas, individual state employees and officers, and the federal government harmless and to indemnify them from any and all liability, suits, claims, losses, damages and judgments; and to pay all costs, fees, and damages to the extent that such costs, fees, and damages arise from performance or nonperformance of Contractor, its employees, subcontractors, joint venture participants or agents under this Contract. Section 15.20 Waiver. Acceptance by either Party of partial performance or failure to complain of any action, non -action or default under this Contract will not constitute a waiver of either Party's rights under this Contract. Section 15.21 Electronic and Information Resources Accessibility and Security Standards. (a) This section applies if the Contract requires the Contractor to procure or develop Electronic and Information Resources (EIR) for DSHS, or to change any of DSHS' EIR. This section also applies if the Contract requires the Contractor to perform a service or supply goods that include EIR that (i) DSHS employees are required to use or permitted access to; or (ii) Members of the public are required or permitted to access. This section does not apply to incidental uses of EIR in the performance ofa contract, unless the parties agree that the EIR will become property of the state or will be used by DSHS clients after completion of the Contract. Nothing in this section is intended to prescribe the use of particular designs or technologies or to prevent the use of alternative technologies, provided they result in substantially equivalent or greater access to and use ofa product/service. (b) Definitions. I. "Accessibility Standards" means the Electronic and Information Resources Accessibility Standards in 1 TAC Chapter 213, and the Web Site Accessibility Standards/Specifications in 1 TAC Chapter 206. 2. "Electronic and Information Resources" means information resources, including information resources technologies, and any equipment or interconnected system of equipment that is used in the creation, conversion, duplication, or delivery of data or information. The term includes, but is not limited to, telephones and other General Provisions (Core Subrecipient) 2015 (Month Day, Year) 38 telecommunications products, information kiosks, transaction machines, Internet websites, multimedia resources, and office equipment, including copy machines and fax machines. 3. "Electronic and Information Resources Accessibility Standards means the accessibility standards for electronic and information resources contained in Volume 1 Texas Administrative Code chapter 213. 4. "Web Site Accessibility Standards/Specifications" means standards contained in Volume 1 Texas Administrative Code Chapter 206. 5. "Products" means information resources technologies that are, or are related to, EIR. (c) Accessibility Requirements. Under Texas Government Code Chapter 2054, Subchapter M, and implementing rules of the Department of Information Resources (DIR), DSHS must procure Products that comply with the Accessibility Standards when such Products are available in the commercial marketplace or when such Products are developed in response to a procurement solicitation. Accordingly, Contractor must provide electronic and information resources and associated Product documentation and technical support that comply with the Accessibility Standards. (d) Evaluation, Testing and Monitoring. 1. DSHS may review, test, evaluate and monitor Contractor's Products and associated documentation and technical support for compliance with the Accessibility Standards. Review, testing, evaluation and monitoring may be conducted before and after the award of a contract. Testing and monitoring may include user acceptance testing. Neither (1) the review, testing (including acceptance testing), evaluation or monitoring of any Product; nor (2) the absence of such review, testing, evaluation or monitoring, will result in a waiver of the State's right to contest the Contractor's assertion of compliance with the Accessibility Standards. 2. Contractor agrees to cooperate fully and provide DSHS and its representatives timely access to Products, records, and other items and information needed to conduct such review, evaluation, testing and monitoring. (e) Representations and Warranties. 1. Contractor represents and warrants that (i) as of the effective date of the Contract, the Products and associated documentation and technical support comply with the Accessibility Standards as they exist at the time of entering the Contract, unless and to the extent the Parties otherwise expressly agree in writing; and (ii) if the Products will be in the custody of the state or a DSHS client after the Contract expiration or termination, the Products will continue to comply with such Accessibility Standards after the expiration or termination of the Contract term, unless DSHS and/or client, as applicable, uses the Products in a manner that renders it noncompliant. 2. In the event Contractor should have known, becomes aware, or is notified that the Product and associated documentation and technical support do not comply with the Accessibility Standards, Contractor represents and warrants that it will, in a timely manner and at no cost to DSHS, perform all necessary steps to satisfy the Accessibility Standards, including but not limited to remediation, replacement, and upgrading of the Product, or providing a suitable substitute. 3. Contractor acknowledges and agrees that these representations and warranties are essential inducements on which DSHS relies in awarding this Contract. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 3q 4. Contractor's representations and warranties under this subsection will survive the termination or expiration of the Contract and will remain in full force and effect throughout the useful life of the Product. (f) Remedies. 1. Pursuant to Texas Government Code §2054.465, neither Contractor nor any other person has cause of action against DSHS for a claim of a failure to comply with Texas Government Code Chapter 2054, Subchapter M, and rules of the Department of Information Resources. 2. In the event of a breach of Contractor's representations and warranties, Contractor will be liable for direct and consequential damages and any other remedies to which DSHS may be entitled. This remedy is cumulative of any and all other remedies to which DSHS may be entitled under this Contract and other applicable Iaw. Section 15.22 Force Majeure. Neither Party will be liable for any failure or delay in performing all or some of its obligations, as applicable, under this Contract if such failure or delay is due to any cause beyond the reasonable control of such Party, including, but not limited to, extraordinarily severe weather, strikes, natural disasters, fire, civil disturbance, epidemic, war, court order, or acts of God. The existence of any such cause of delay or failure will extend the period of performance in the exercise of reasonable diligence until after the cause of the delay or failure no longer exists and, if applicable, for any reasonable period of time thereafter required to resume performance. A Party, within a period of time reasonable under the circumstances, must inform the other by any reasonable method (phone, email, etc.) and, as soon as practicable, must submit written notice with proof of receipt, of the existence of a force majeure event or otherwise waive the right as a defense to non-performance. Section 15.23 Interim Contracts. The Parties agree that the Contract and/or any of its Program Attachments will automatically continue as an "Interim Contract" beyond the expiration date of the term of the Contract or Program Attachment(s), as applicable, under the following circumstances: (1) on or shortly prior to the expiration date of the Contract or Program Attachment, there is a state of disaster declared by the Governor that affects the ability or resources of the DSHS contract or program staff managing the Contract to complete in a timely manner the extension, renewal, or other standard contract process for the Contract or Program Attachment; and (2) DSHS makes the determination in its sole discretion that an Interim Contract is appropriate under the circumstances. DSHS will notify Contractor promptly in writing if such a determination is made. The notice will specify whether DSHS is extending the Contract or Program Attachment for additional time for Contractor to perform or complete the previously contracted goods and services (with no new or additional funding) or is purchasing additional goods and services as described in the Program Attachment for the term of the Interim Contract, or both. The notice will include billing instructions and detailed information on how DSHS will fund the goods or services to be procured during the Interim Contract term. The Interim Contract will terminate thirty (30) days after the disaster declaration is terminated unless the Parties agree to a shorter period of time. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 40 Section 15.24 Cooperation and Communication. Contractor shall cooperate with Department staff and, as applicable, other DSHS contractors, and shall promptly comply with requests from DSHS for information or responses to DSHS inquiries concerning Contractor's duties or responsibilities under this Contract. ARTICLE XVI BREACH OF CONTRACT AND REMEDIES FOR NON- COMPLIANCE Actions Constituting Breach of Contract. Actions or inactions that constitute breach of contract include, but are not limited to, the following: a) failure to properly provide the services and/or goods purchased under this Contract; b) failure to comply with any provision of this Contract, including failure to comply with all applicable statutes, rules or regulations; c) failure to pay refunds or penalties owed to the Department; d) failure to comply with a repayment agreement with the DSHS or agreed order issued by DSHS; e) failure by Contractor to provide a full accounting of funds expended under this Contract; f) discovery of a material misrepresentation in any aspect of Contractor's application or response to the Solicitation Document; g) any misrepresentation in the assurances and certifications in Contractor's application or response to the Solicitation Document or in this Contract; or h) Contractor is on or is added to the Excluded Parties List System (EPLS). Section I6.02 General Remedies and Sanctions. The Department will monitor Contractor for both programmatic and financial compliance. The remedies and sanctions in this section are available to the Department against Contractor and any entity that subcontracts with Contractor for provision of services or goods. HHSC OIG may investigate, audit and impose or recommend imposition of remedies or sanctions to Department for any breach of this Contract and may monitor Contractor for financial compliance. The Department may impose one or more remedies or sanctions for each item of noncompliance and will determine remedies or sanctions on a case-by-case basis. Contractor is responsible for complying with all of the terms of this Contract. The listing of or use of one or more of the remedies or sanctions in this section does not relieve Contractor of any obligations under this Contract. A state or federal statute, rule or regulation, or federal guideline will prevail over the provisions of this Article unless the statute, rule, regulation, or guideline can be read together with the provision(s) of this Article to give effect to both. If Contractor breaches this Contract by failing to comply with one or more of the terms of this Contract, including but not limited to compliance with applicable statutes, rules or regulations, the Department may take one or more of the following actions: a) terminate this Contract or a Program Attachment of this Contract as it relates to a specific program type. In the case of termination, the Department will inform Contractor of the termination no less than thirty (30) calendar days before the effective date of the termination in a notice of termination, except for circumstances that require immediate termination as described in the Emergency Action section of this Article. The notice of termination will state the effective date of the termination, the reasons for the termination, and, if applicable, alert Contractor of the opportunity to request a hearing on the termination pursuant to Tex. Gov. Code Chapter 2105 regarding administration of Block Grants. Contractor shall not make any claim for payment or reimbursement for services provided from the effective date of termination; General Provisions (Core Subrecipient) 2015 (Month Day, Year) 41 b) suspend all or part of this Contract. Suspension is an action taken by the Department in which the Contractor is notified to temporarily (1) discontinue performance of all or part of the Contract, and/or (2) discontinue incurring expenses otherwise allowable under the Contract as of the effective date of the suspension, pending DSHS's determination to terminate or amend the Contract or permit the Contractor to resume performance and/or incur allowable expenses. Contractor shall not bill DSHS for services performed during suspension, and Contractor's costs resulting from obligations incurred by Contractor during a suspension are not allowable unless expressly authorized by the notice of suspension; c) deny additional or future contracts with Contractor; d) reduce the funding amount for failure to 1) provide goods and services as described in this Contract or consistent with Contract performance expectations, 2) achieve or maintain the proposed level of service, 3) expend funds appropriately and at a rate that will make full use of the award, or 4) achieve local match, if required; e) disallow costs and credit for matching funds, if any, for all or part of the activities or action not in compliance; 1) temporarily withhold cash payments. Temporarily withholding cash payments means the temporary withholding of a working capital advance, if applicable, or reimbursements or payments to Contractor for proper charges or obligations incurred, pending resolution of issues of noncompliance with conditions of this Contract or indebtedness to the United States or to the State of Texas; Section 16.03 Notice of Remedies or Sanctions. Department will formally notify Contractor in writing when a remedy or sanction is imposed (with the exception of accelerated monitoring, which may be unannounced), stating the nature of the remedies and sanction(s), the reasons for imposing them, the corrective actions, if any, that must be taken before the actions will be removed and the time allowed for completing the corrective actions, and the method, if any, of requesting reconsideration of the remedies and sanctions imposed. Other than in the case of repayment or recoupment, Contractor is required to file, within fifteen (15) calendar days of receipt of notice, a written response to Department acknowledging receipt of such notice. If requested by the Department, the written response must state how Contractor shall correct the noncompliance (corrective action plan) or demonstrate in writing that the findings on which the remedies or sanction(s) are based are either invalid or do not warrant the remedies or sanction(s). If Department determines that a remedy or sanction is warranted, unless the remedy or sanction is subject to review under a federal or state statute, regulation, rule, or guideline, Department's decision is final. Department will provide written notice to Contractor of Department's decision. If required by the Department, Contractor shall submit a corrective action plan for DSHS approval and take corrective action as stated in the approved corrective action plan. If DSHS determines that repayment is warranted, DSHS will issue a demand letter to Contractor for repayment. If full repayment is not received within the time limit stated in the demand letter, and if recoupment is available, DSHS will recoup the amount due to DSHS from funds otherwise due to Contractor under this Contract. Section 16.04 Emergency Action. In an emergency, Department may immediately terminate or suspend all or part of this Contract, temporarily or permanently withhold cash payments, deny future contract awards, or delay contract execution by delivering written notice to Contractor, by any verifiable method, stating the reason for the emergency action. An "emergency" is defined as the following: General Provisions (Core Subrecipient) 2015 (Month Day, Year) 42 a) Contractor is noncompliant and the noncompliance has a direct adverse effect on the public or client health, welfare or safety. The direct adverse effect may be programmatic or financial and may include failing to provide services, providing inadequate services, providing unnecessary services, or using resources so that the public or clients do not receive the benefits contemplated by the scope of work or performance measures; or b) Contractor is expending funds inappropriately. Whether Contractor's conduct or noncompliance is an emergency will be determined by Department on a case-by-case basis and will be based upon the nature of the noncompliance or conduct. ARTICLE XVII CLAIMS AGAINST THE DEPARTMENT Section 17.01 Breach of Contract Claim. The process for a breach of contract claim against the Department provided for in Tex. Gov. Code Chapter 2260 and implemented in Department Rules §§ 4.11- 4.24 will be used by DSHS and Contractor to attempt to resolve any breach of contract claim against DSHS. Section 17.02 Notice. Contractor's claims for breach of this Contract that the Parties cannot resolve in the ordinary course of business must be submitted to the negotiation process provided in Tex. Gov Code Chapter 2260, subchapter B. To initiate the process, Contractor shall submit written notice, as required by subchapter B, to DSHS 's Office of General Counsel. The notice must specifically state that the provisions of Chapter 2260, subchapter B, are being invoked. A copy of the notice must also be given to all other representatives of DSHS and Contractor. Subchapter B is a condition precedent to the filing of a contested case proceeding under Tex. Gov. Code Chapter 2260, subchapter C. Section 17.03 Sole Remedy. The contested case process provided in Tex. Gov. Code Chapter 2260, subchapter C, is Contractor's sole and exclusive process for seeking a remedy for any and all alleged breaches of contract by DSHS if the Parties are unable to resolve their disputes under this Article. Section 17.04 Condition Precedent to Suit. Compliance with the contested case process provided in Tex. Gov. Code Chapter 2260, subchapter C, is a condition precedent to seeking consent to sue from the Legislature under Tex. Civ. Prac. & Rem. Code Chapter 107. Neither the execution of this Contract by DSHS nor any other conduct of any representative of DSHS relating to this Contract will be considered a waiver of sovereign immunity to suit. Section 17.05 Performance Not Suspended. Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by Contractor, in whole or in part. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 43 ARTICLE XVIII TERMINATION AND TEMPORARY SUSPENSION Section 18.01 Expiration of Contract or Program Attachment(s). Except as provided in the Survivability of Terms section of the General Terms Article, Contractor's service obligations stated in each Program Attachment will end upon the expiration date of that Program Attachment unless extended or renewed by written amendment. Prior to completion of the term of all Program Attachments, all or a part of this Contract may be terminated with or without cause under this Article. Section 18.02 Effect of Termination. Termination is the permanent withdrawal of Contractor's authority to obligate previously awarded funds before that authority would otherwise expire or the voluntary relinquishment by Contractor of the authority to obligate previously awarded funds. Contractor's costs resulting from obligations incurred by Contractor after termination of an award are not allowable unless expressly authorized by the notice of termination. Upon termination of this Contract or Program Attachment, as applicable, Contractor shall cooperate with DSHS to the fullest extent possible to ensure the orderly and safe transfer of responsibilities under this Contract or Program Attachment, as applicable, to DSHS or another entity designated by DSHS. Upon termination of all or part of this Contract, Department and Contractor will be discharged from any further obligation created under the applicable terms of this Contract or the Program Attachment, as applicable, except for the equitable settlement of the respective accrued interests or obligations incurred prior to termination and for Contractor's duty to cooperate with DSHS, and except as provided in the Survivability of Terms section of the General Terms Article. Termination does not, however, constitute a waiver of any remedies for breach of this Contract. In addition, Contractor's obligations to retain records and maintain confidentiality of information will survive this Contract. Section 18.03 Acts Not Constituting Termination. Termination does not include the Department's (I) withdrawal of funds awarded on the basis of Contractor's underestimate of the unobligated balance in a prior period; (2) withdrawal of the unobligated balance at the expiration of the term of a Program Attachment; (3) refusal to extend a Program Attachment or award additional funds to make a competing or noncompeting continuation, renewal, extension, or supplemental award; (4) non -renewal of a contract or Program Attachment at Department's sole discretion; or (5) voiding of a contract upon determination that the award was obtained fraudulently, or was otherwise illegal or invalid from inception. Section 18.04 Termination or Temporary Suspension Without Cause. a) Either Party may terminate this Contract or a Program Attachment, as applicable, with at least thirty (30) calendar days prior written notice to the other Party, except that if Contractor seeks to terminate a Contract or Program Attachment that involves residential client services, Contractor shall give the Department at least ninety (90) calendar days prior written notice and shall submit a transition plan to ensure client services are not disrupted. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 44 b) The Parties may terminate this Contract or a Program Attachment by mutual agreement. c) DSHS may temporarily suspend or terminate this Contract or a Program Attachment if funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendments to the Appropriations Act, health and human services consolidations, or any disruption of current appropriated funding for this Contract or Program Attachment. Contractor will be notified in writing of any termination or temporary suspension or of any cessation of temporary suspension. Upon notification of temporary suspension, Contractor shall discontinue performance under the Contract as of the effective date of the suspension, for the duration of the suspension. d) Department may terminate this Contract or a Program Attachment immediately when, in the sole determination of Department, termination is in the best interest of the State of Texas. Section 18.05 Termination For Cause. Either Party may terminate for material breach of this Contract with at least thirty (30) calendar days written notice to the other Party. Department may terminate this Contract, in whole or in part, for breach of contract or for any other conduct that jeopardizes the Contract objectives, by giving at least thirty (30) calendar days written notice to Contractor. Such conduct may include one or more of the following: a) Contractor has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction; b) Contractor fails to communicate with Department or fails to allow its employees or those of its subcontractor to communicate with Department as necessary for the performance or oversight of this Contract; c) Contractor breaches a standard of confidentiality with respect to the services provided under this Contract; d) Department determines that Contractor is without sufficient personnel or resources to perform under this Contract or that Contractor is otherwise unable or unwilling to fulfill any of its requirements under this Contract or exercise adequate control over expenditures or assets; e) Department determines that Contractor, its agent or another representative offered or gave a gratuity (e.g., entertainment or gift) to an official or employee of DSHS or HHSC for the purpose of obtaining a contract or favorable treatment; f) Department determines that this Contract includes financial participation by a person who received compensation from DSHS to participate in developing, drafting or preparing the specifications, requirements or statement(s) of work or Solicitation Document on which this Contract is based in violation of Tex. Gov. Code § 2155.004; or Department determines that Contractor was ineligible to receive this Contract under Tex. Gov. Code §§ 2155.006 or 2261.053 related to certain disaster response contracts; g) Contractor appears to be financially unstable. Indicators of financial instability may include one or more of the following: 1) Contractor fails to make payments for debts; 2) Contractor makes an assignment for the benefit of its creditors; 3) Contractor admits in writing its inability to pay its debts generally as they become due; 4) if judgment for the payment of money in excess of $50,000 (that is not covered by insurance) is rendered by any court or governmental body against Contractor, and Contractor does not (a) discharge the judgment, or (b) provide for its discharge in accordance with its terms, or (c) procure a stay of execution within thirty (30) calendar days from the date of entry of the judgment, or (d) if the execution is stayed, within the thirty (30) -day period or a longer period during which execution of the judgment has been stayed, appeal from the judgment and cause the execution to General Provisions (Core Subrecipient) 2015 (Month Day, Year) 45 be stayed during such appeal while providing such reserves for the judgment as may be required under Generally Accepted Accounting Principles; 5) a writ or warrant of attachment or any similar process is issued by any court against all or any material portion of the property of Contractor, and such writ or warrant of attachment or any similar process is not released or bonded within thirty (30) calendar days after its issuance; 6) Contractor is adjudicated bankrupt or insolvent; 7) Contractor files a case under the Federal Bankruptcy Code or seeks relief under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution, receivership or liquidation law of any jurisdiction then in effect, or consents to the filing of any case or petition against it under any such law; 8) any property or portion of the property of Contractor is sequestered by court order and the order remains in effect for more than thirty (30) calendar days after Contractor obtains knowledge of the sequestration; 9) a petition is filed against Contractor under any state reorganization, arrangement, insolvency, readjustment of debt, dissolution, receivership or liquidation law of any jurisdiction then in effect, and the petition is not dismissed within thirty (30) calendar days; or 10) Contractor consents to the appointment of a receiver, trustee, or liquidator of Contractor or of all or any part of its property; h) Contractor's management system does not meet the UGMS management standards; or i) Any required license, certification, permit, registration or approval required to conduct Contractor's business or to perform services under this Contract is not obtained or is revoked, is surrendered, expires, is not renewed, is inactivated or is suspended. Section 18.06 Notice of Termination. Either Party may deliver written notice of intent to terminate by any verifiable method. if either Party gives notice of its intent to terminate all or a part of this Contract, Department and Contractor shall attempt to resolve any issues related to the anticipated termination in good faith during the notice period. ARTICLE XIX VOID, SUSPENDED, AND TERMINATED CONTRACTS Section 19.01 Void Contracts. Department may void this Contract upon determination that the award was obtained fraudulently or was otherwise illegal or invalid from its inception. Section 19.02 Effect of Void, Suspended, or Involuntarily Terminated Contract. A Contractor who has been a party to a contract with DSHS that has been found to be void, or is suspended, or is terminated for cause is not eligible for Any renewal or increase of funding for an existing contract, or new contracts or renewals until, in the case of suspension or termination, the Department has determined that Contractor has satisfactorily resolved the issues underlying the suspension or termination. Additionally, if this Contract is found to be void, any amount paid is subject to to the Contractor is subject to recoupment by DSHS. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 46 Section 19.03 Appeals Rights. Pursuant to Tex. Gov. Code § 2105.302, after receiving notice from the Department of termination of a contract with DSHS funded by block grant funds, Contractor may request an administrative hearing under Tex. Gov. Code Chapter 2001. ARTICLE XX CLOSEOUT Section 20.01 Cessation of Services At Closeout. Upon expiration of this Contract or Program Attachment, as applicable, (and any renewals of this Contract or Program Attachment) on its own terms, Contractor shall cease services under this Contract or Program Attachment; and shall cooperate with DSHS to the fullest extent possible upon expiration or prior to expiration, as necessary, to ensure the orderly and safe transfer of responsibilities under this Contract to DSHS or another entity designated by DSHS. Upon receiving notice of Contract or Program Attachment termination or non -renewal, Contractor shall immediately begin to effect an orderly and safe transition of recipients of services to alternative service providers, as needed. Contractor also shall completely cease providing services under this Contract or Program Attachment by the date specified in the termination or non -renewal notice. Contractor shall not bill DSHS for services performed after termination or expiration of this Contract or Program Attachment, or incur any additional expenses once this Contract or Program Attachment is terminated or has expired. Upon termination, expiration (with no renewal) or non -renewal of this Contract or a Program Attachment, Contractor shall immediately initiate Closeout activities described in this Article. Section 20.02 Administrative Offset. The Department has the right to administratively offset amounts owed by Contractor against billings. Section 20.03 Deadline for Closeout. Contractor shall submit all financial, performance, and other Closeout reports required under this Contract within forty-five (45) calendar days after the Contract or Program Attachment end date. Unless otherwise provided under the Final Billing Submission section of the Payment Methods and Restrictions Article, the Department is not liable for any claims that are not received within forty-five (45) calendar days after the Contract or Program Attachment end date. Section 20.04 Payment of Refunds. Any funds paid to Contractor in excess of the amount to which Contractor is finally determined to be entitled under the terms of this Contract constitute a debt to the Department and will result in a refund due, which Contractor shall pay within the time period established by the Department. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 47 Section 20.05 Disallowances and Adjustments. The Closeout of this Contract or Program Attachment does not affect the Department's right to disallow costs and recover funds on the basis of a later audit or other review or Contractor's obligation to return any funds due as a result of later refunds, corrections, or other transactions. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 48 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 8, 2015 Second Reading Ordinance for the City Council Meeting of December 15, 2015 DATE: TO: November 13, 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 Ordinance approving the advancement, acceptance, and appropriation of funds for the Texas Medicaid Managed Care Initiative 1115 Waiver — Childhood Healthy Weight Obesity Project for the period October 1, 2015 through September 30, 2016. CAPTION: Ordinance authorizing the advance of up to $903,592, from the No. 1046 Health Medicaid Waiver Fund to the Texas Health and Human Services Commission (TXHHSC) and in turn the Centers for Medicare and Medicaid Services (CMS) for the City's local match for City projects under the Corpus Christi - Nueces County Public Health District's (CCNCPHD) 1115 Waiver; funds to be repaid from the CMS by January 31, 2016. Additionally authorizing the City Manager, or designee, to execute all documents necessary to accept and appropriate the award fund upon receipt in the amount of approximately $1,204,158, from CMS and the TXHHSC to implement a program to reduce and prevent obesity in children and adolescents for the period of October 1, 2015, through September 30, 2016; and ratifying acceptance of the award fund to begin October 1, 2015. PURPOSE: The CMS/TXHHSC DSRIP Delivery System Reform Incentive Payments ("DSRIP") program will allow the CCNCPHD to implement the MEND ("M -Mind, E- Exercise, N -Nutrition, D -Do It!") Program. MEND is a community based childhood obesity prevention program that will address the obesity epidemic among children in our region by applying an internationally recognized, evidence -based method for supporting and coaching underserved, minority, and other families to achieve better nutrition and physical activity habits. BACKGROUND AND FINDINGS: CMS approved the State's request for a new Medicaid demonstration waiver entitled "Texas Healthcare Transformation and Quality Improvement Program" in accordance with section 1115 of the Social Security Act. Texas Medicaid Managed Care Initiative also referred to as the "1115 Waiver". This waiver authorizes Texas to establish a Delivery System Reform Incentive Payments (DSRIP) program. Initiatives under the DSRIP program are designed to provide incentive payments to hospitals, public health departments, behavioral health centers, as well as, other eligible providers, to invest in delivery system reforms that increase access to health care, improve the quality of care, and enhance the health of patients and families they serve. The CCNCPHD, in collaboration with key community partners, is implementing the MEND program in an effort to aggressively prevent and reduce childhood obesity within our region. ALTERNATIVES: Cease implementation of the MEND Program in the community. 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 $1,204,158 $1,204,158 BALANCE $1,204,158 $1,204,158 Fund(s): 1046 & 9100 Comments: A matching Intergovernmental Transfer (IGT) is required at approximately a 40%/60% ratio to in order to receive DSRIP funds. This is the final year of the MEND Program. RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Council approval required for acceptance and appropriation of "1115 Waiver" DSRIP 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: Ordinance COF Ordinance authorizing the advance of up to $903,592, from the No. 1046 Health Medicaid Waiver Fund to the Texas Health and Human Services Commission (TXHHSC) and in turn the Centers for Medicare and Medicaid Services (CMS) for the City's local match for City projects under the Corpus Christi - Nueces County Public Health District's (CCNCPHD) 1115 Waiver; funds to be repaid from the CMS by January 31, 2016. Additionally authorizing the City Manager, or designee, to execute all documents necessary to accept and appropriate the award fund upon receipt in the amount of approximately $1,204,158, from CMS and the TXHHSC to implement a program to reduce and prevent obesity in children and adolescents for the period of October 1, 2015, through September 30, 2016; and ratifying acceptance of the award fund to begin October 1, 2015. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: That an advance is authorized to be made up to $903,592, from the No. 1046 Health Medicaid Waiver Fund to the TXHHSC and in turn the CMS for the City's local match for City projects under the CCNCPHD's 1115 Waiver; funds to be repaid from the CMS by January 31, 2016; and Section 2: Additionally, the City Manager, or designee, is authorized to execute all documents necessary to accept and appropriate the award fund upon receipt in the amount of at least $1,204,158, from CMS and the TXHHSC to continue the program to reduce and prevent obesity in children and adolescents for the period of October 1, 2015, through September 30, 2016. Section 3: Further the City Council ratifies acceptance of the award fund to begin as of October 1, 2015. A copy of the executed award fund 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 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 8, 2015 Second Reading for the City Council Meeting of December 15, 2015 DATE: October 28, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Ordinance authorizing the City Manager to execute a License for Street Right of Way located at 6652 Yorktown Boulevard CAPTION: Ordinance authorizing the City Manager to execute a License for Street Right of Way Use with Butler & Diaz, Inc., d/b/a Yorktown Mini Storage, a Texas small business corporation, ("Licensee") for an Advertisement Sign installation, located at 6652 Yorktown Boulevard, subject to the Licensee' compliance with specified conditions. PURPOSE: The purpose of this License for Street Right of Way Use is for an Advertisement Sign installation located at 6652 Yorktown Boulevard., Corpus Christi, TX 78414 for Butler & Diaz, Inc., d/b/a the Yorktown Mini Storage, a Texas small business corporation, ("Licensee"). BACKGROUND AND FINDINGS: Butler & Diaz, Inc., d/b/a Yorktown Mini Storage, a Texas small business corporation, ("Licensee") desires an Advertisement Sign. The Advertisement Sign area occupies approximately 48.0 SF, (0.0011 Acre) of the Yorktown Boulevard. R.O.W. Staff recommends that the Licensee pay a one-time payment of $148.00 for this License for Street Right of Way Use of the Yorktown Boulevard public right-of-way. ALTERNATIVES: Deny the request of a License for Street Right of Way Use. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Charter Article IX, Section 1, requires City Council approval for use of any portion of public right-of-way for private purposes. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies provided objections regarding the proposed License for Street Right of Way Use, provided the applicant meets the specified conditions set out in this License for Street Right of Way Use. 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 Onetime fee $148.00 annual term payments of $ $148.00 BALANCE $148.00 $148.00 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval and adoption of the ordinance. Owners must comply with all the following specified conditions of the ordinance: a. In exchange for the City's authorization for use of the public right-of-way by the Licensee for the stated purpose, the Licensee agrees to provide the City with a onetime payment of $148.00. b. All costs incurred to permit, install, operate, maintain, repair, and remove the sign are the sole responsibility of the Licensee. LIST OF SUPPORTING DOCUMENTS: Ordinance with License and Exhibits Location Map Ordinance authorizing the City Manager to execute a License for Street Right of Way Use with Butler & Diaz, Inc., d/b/a Yorktown Mini Storage, a Texas small business corporation, ("Licensee") for an Advertisement Sign installation, at 6652 Yorktown Boulevard, subject to the Licensee' compliance with specified conditions. WHEREAS, Butler & Diaz, Inc., d/b/a Yorktown Mini Storage, a TEXAS small business corporation ("Licensee"), desires an Advertisement Sign. WHEREAS, the Licensee has requested, and the City of Corpus Christi ("City") desires to extend, a one-time payment for this License for Street Right of Way Use ("License"), in order to accomplish the purpose and use intended by the Licensee within the public right-of-way. WHEREAS, in accordance with Article IX, Section 1 of the City Charter, the City Council authorizes the City Manager to enter into the License for the benefit of the City and the Licensee, subject to the Licensee' compliance with the specified provisions of the License for Street Right of Way Use. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee ("City Manager"), is authorized to execute a one-time payment for this License for Street Right of Way Use ("License") with Butler & Diaz, Inc., d/b/a Yorktown Mini Storage, a Texas small business corporation, ("Licensee") for an Advertisement Sign installation, at 6652 Yorktown Boulevard, in full compliance with the City of Corpus Christi ordinances and regulations, and at all times subject to the Licensee' compliance with the conditions specified in the License. A copy of this License for Street Right of Way Use is attached to this ordinance, the terms and content of such License being incorporated by reference into this ordinance as if fully set out herein in their entirety. SECTION 2. The License authorized in Section 1 of this ordinance is subject to the Licensees' compliance with the conditions of the License including, but not limited to, the provisions specified below: a. In exchange for the City's authorization for use of the public right-of-way by the Licensee for the stated purpose, the Licensee agrees to provide the City with a one-time payment of $148.00. b. All costs incurred to install, operate, maintain, repair, and remove the Advertisement Sign is the sole responsibility of the Licensee. Page 1 of 2 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the ATTEST: Rebecca Huerta City Secretary Page 2 of 2 day of , 20 Nelda Martinez Mayor License for Street Right Of Way Use STATE OF TEXAS § § COUNTY OF NUECES § This right of way license ("License") is entered into by and between the City of Corpus Christi ("City"), a Texas home -rule municipal corporation, and Butler & Diaz, Inc., d/b/a Yorktown Mini Storage, a Texas small business corporation ("Licensee"), property owner of 6652 Yorktown Boulevard., Corpus Christi, Texas, 78414, whose business address is 6652 Yorktown Boulevard., Corpus Christi, Texas, 78414. In accordance with Article IX, Section 1, of the City's City Charter and in consideration of a one-time fee of One Hundred Forty Eight Dollars ($148.00) paid by Licensee, the receipt of which is acknowledged, the City has granted and conveyed, and by these presents does grant and convey to Licensee, for the term and upon the conditions stated in this License, a License for Street Right of Way Use to allow the Licensee to install an Advertisement Sign in full compliance with the City of Corpus Christi ordinances and regulations at all times subject to the Licensee' compliance with the conditions specified in this License, and as shown with further specifications in Exhibit "A" (Location Map) and Exhibit "B" (Plat View) attached to this License and incorporated herein by reference as if fully set out herein in their entirety. The area in which the License is granted for the location of the Licensee's Advertisement Sign is referred to in this License as the "License Area." TO HAVE AND TO HOLD the same granted unto Licensee, its successors, and assigns, together with the right under the conditions specified in this License, to at any time enter upon the above described License Area to install, operate, maintain, repair, and remove the Licensee's Advertisement Sign, and being further understood that the License granted by this License is subject to the Licensee's compliance at all times with the following conditions, the City and Licensee agree as follows: A. This License, and the rights granted under the License, may be revoked at any time by the City upon providing the Licensee not less than 30 calendar days' notice in writing by the City's City Manager, or his designee ("City Manager"). In the event of a revocation by the City Manager or earlier termination of this License by either party, no portion of any payment made under this License is refundable to the Licensee. B. This License is perpetual unless the Licensee or the City provides written notice of intent to amend or terminate this License. License for Street Right of Way Use Page 1of10 C. This License may not be assigned by Licensee without the City Manager's prior written consent. D. The Licensee shall acquire and maintain at all times for the term of this License insurance coverage pertaining to the License Area granted under this License and the activities authorized by this License. The types of required insurance coverage's must be in the minimum amounts set forth in the attached Exhibit "C," the substantive content of Exhibit "C" being incorporated by reference into this License as if fully set out here in its entirety. The insurance policies must name the City as an additional insured and may not be canceled, renewed, or materially changed by Licensee unless at least ten (10) days advance written notice has been provided to the City. Upon the City Manager's or his designee written request, Licensee shall provide copies of all requested insurance policies to the City's City Attorney. E. Should construction be deemed necessary by Licensee in the License Area, construction plans and specifications for all proposed work shall be submitted in advance by the Licensee to the City's City Engineer for approval prior to beginning the construction process. The plans must show the depth, and location of the proposed construction and distance from existing water, storm water, wastewater, and gas lines. The Licensee shall also comply with any other laws, rules, regulations, and ordinances applicable to construction in the City and in the public right-of-way, including obtaining all required permits. F. Prior to the start of any approved construction, Licensee shall require every contractor and subcontractor to provide a Certificate of Insurance reflecting insurance in coverage amounts as set forth in Exhibit "C." Additionally, Licensee shall require their contractors and subcontractors to indemnify the City, its officers, officials, employees, representatives, agents, and invitees in the same manner that Licensee has provided indemnification to the City pursuant to this License. G. Licensee shall provide all necessary and proper safety devices so as to prevent injuries or accidents in the License Area, in as much as possible. H. At least 48 hours prior to beginning any approved construction, Licensee shall contact 1-800-DIG-TESS and the Lone Star Notification Center (1-800-669- 8344), and any other required agency or authority. Additionally, at least 48 hours prior to beginning any approved construction, Licensee shall give notice and verify depth and location of communication lines or communication fiber optic cables, whichever is applicable, to the following: • City Utility Departments, including Water, Storm water, Wastewater and Gas; • American Electric Power (AEP); • American Telephone and Telegraph (AT&T); License for Street Right of Way Use Page 2of10 • CenturyTel; • Time Warner; • Grande Communications; and • Any and all other certified telecommunications providers. A City inspector may request a utility line be uncovered to verify its depth or location. I. Any construction process and use of the License Area by Licensee shall not interfere with the construction, installation, operation, maintenance, repair, removal or replacement by the City or any of its agents, contractors, or franchisees of any existing or future proposed sidewalks, utility lines, or other uses. if the City or any franchisee with utilities currently located in said public right-of-way needs access to the right-of-way, Licensee shall pay for removing the Advertisement Sign in the License Area to allow access to utility lines for maintenance, repair, removal, or replacement of the utility lines. The Licensee shall repair the License Area to its original condition or cease to use the License Area, at which time this LICENSE terminates immediately. J. Traffic Engineer requirements pertaining to this License, if applicable in context: 1. At least 48 hours prior to commencing any approved construction, the Licensee shall file and obtain approval for a traffic control plan with the City's Traffic Engineer. No closure or barricading of a public right-of-way or any portion of a public right-of-way may occur before approval of the traffic control plan and, if applicable, approval of a detour or barricade plan has been obtained from the City's Traffic Engineer. 2. Should Licensee require a trench, pit, or similar excavation be dug during approved construction, the Licensee shall file and obtain approval for barricading said trench, pit, or excavation in accordance with the Texas Manual on Uniform Traffic Control Devices from the City's Traffic Engineer. [See paragraph "P" of this License for additional requirements regarding trenches, pits and similar excavations.] K. If, as determined by the City Manager, damage occurs to any gas, water, storm water, or wastewater line, Licensee shall allow the City immediate access to the License Area to perform an assessment, make repairs, or take any other action deemed necessary by the City. Determination of the extent of damage and repairs necessary to restore the utility line(s) shall be made by the City Manager. All costs of the City associated with said damage and repair, including labor and materials, shall be paid by Licensee within 30 days of the City's invoice. License for Street Right of Way Use Page 3 of 10 L. Should construction become necessary near existing water or wastewater lines, Licensee shall take every precaution not to disturb the soil surrounding any such lines, including all thrust blocks. M. If any approved work is conducted near any existing water main, it shall be done under the inspection of a City inspector at a daily rate of three -hundred ten dollars and thirty-five cents ($310.35) for each day spent inspecting construction, installation, maintenance, repair, removal, or replacement in the License Area. A half-day, being four hours or more of work time by the City inspector, constitutes a whole working day for purposes of calculation. Any time in excess of eight hours a day, or on Saturday, Sunday or holidays, shall be calculated at a daily rate of fifty-eight dollars and eighteen cents ($58.18) per hour. Any assessed inspection fees shall be paid by the Licensee to the appropriate City department within 30 days of the City's invoice. These amounts will be adjusted annually each year on August 1 to reflect any pay increases that may be attributable to the rates charged. N. The parties acknowledge that the Advertisement Sign is not owned by the City. At any and all times Licensee shall be solely responsible for the repair and maintenance of the Advertisement Sign and License Area, including any costs associated with damage occurring due to natural weather elements/occurrences or man-made forces. Should damage occur to the Advertisement Sign or License Area, regardless of the type of damage, Licensee shall immediately repair the damage upon notice by the City. Failure to so repair terminates this License immediately without any further action needed on the part of the City. 0. Licensee shall repair, or cause to be repaired, any damage to driveways, culverts, head walls, landscaping, sidewalks, curbs, gutters, and any other structure, public or private, resulting from or caused by reason of construction, installation, maintenance, repair, removal, replacement or operation of the Advertisement Sign and License Area. P. If a trench, pit, or other excavation is required during approved construction, no trenches, pits, or other excavation, other than bore pits, shall be left open overnight, except as specifically authorized by the City's Director of Development Services and City's Engineer. Bore pits are not allowed open for a period of longer than 14 calendar days, regardless of location. All trenches, pits, or other excavations, other than bore pits, shall be backfilled by the Licensee promptly and in accordance with current City standards and specifications and as per the City inspector's request. All trenches, pits, and other excavations, including bore pits, shall be barricaded by the Licensee in accordance with the Texas Manual on Uniform Traffic Control Devices and as approved by the City's Traffic Engineer. [See paragraph "J.2." for additional requirements pertaining to trenches, pits, and other excavations.] License for Street Right of Way Use Page 4 of 10 Q. If backfilling becomes necessary, all backfill, specifically including that in and around existing utilities, shall be made by Licensee according to current City standards and specifications and as required by a City inspector. R. Use of the Advertisement Sign authorized by this License is strictly limited to providing service to Butler & Diaz, Inc., d/b/a Yorktown Mini Storage, a Texas small business corporation, located at 6652 Yorktown Boulevard., in the License Area. S. INDEMNIFICATION. By its acceptance of this license, the Licensee covenants and agrees fully to indemnify and hold harmless the City and the elected officials and officers and employees of the City, individually or collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability, and suits of any kind and nature, including but not limited to, personal injury or death and property damage, made upon the City, directly or indirectly arising out of, resulting from or related to Licensee's activities under this license, including any acts or omissions of Licensee, and any respective agent, officer, director, representative, employee, consultant, or sub -licensee of Licensee, and their respective officers, agents, employees, directors and representatives while in the exercise or performance of the rights or duties under this license, all without, however, waiving any governmental immunity available to the City under Texas law and without waiving any defense of the parties under Texas law. The provisions of this indemnification are solely for the benefit of the parties to this license and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Licensee shall promptly advise the City in writing of any claim or demand against the City or Licensee known to the Licensee related to or arising out of Licensee's activities under this license and shall see to the investigation and defense of the claim or demand at Licensee's cost. The City shall have the right, at its option and at its own expense, to participate in the defense without relieving Licensee of any of its obligations under this paragraph. The City shall cooperate with Licensee in the defense of all claims, proceedings, actions, and suits subject to this indemnification. This indemnification shall not extend to any costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability, or suit to the extent they directly or indirectly arise out of, result from or relate to the negligent or wrongful acts or omissions of City or its officers, agents, employees, representatives, consultants, or contractors. This indemnification survives the termination or expiration of this license. License for Street Right of Way Use Page 5 of 10 T. All signatories signing this License warrant and guarantee that they have the authority to act on behalf of the entity represented and make this License binding and enforceable by their signatures. U. Unless otherwise stated in this License, any notice required or permitted to be given under this License must be in writing and sent by certified mail, return receipt requested to the following addresses: If to Licensee: Butler & Diaz, Inc., d/b/a Yorktown Mini Storage, a Texas small business corporation 6652 Yorktown Boulevard Corpus Christi, TX 78414 If to the City: City of Corpus Christi Attn: Director, Development Services Department P. O. Box 9277 Corpus Christi, TX 78469-9277 Any party shall, by notice to the others in accordance with the provisions of this paragraph, specify a different address or addressee for notice purposes within 10 days of any address change. V. This License shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created pursuant to this License are performable in Nueces County, Texas. Venue for all actions arising from, out of, or related to this License must be brought in Nueces County, Texas. W. The Licensee further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this License, the completed "Disclosure of Interests" form is attached and incorporated by reference into this License as Exhibit "0" as if set out here in their entireties. X. This instrument, including exhibits, constitutes the entire License between the City and the Licensee, and no prior written, oral, or contemporaneous promises, warranties, or representations shall be binding upon any parties. This License may only be amended by written instrument signed by authorized representatives of the City and Licensee, and approved as required by City law. License for Street Right of Way Use Page 6 of 10 EXECUTED IN DUPLICATE this 1 day of Cdp , 20 1 . Butler & Diaz, Inc., d/b/a Yorktown Mini Storage, a Texas small business corporation STATE OF TEXAS COUNTY OF NUECES President Date ACKNOWLEDGMENT This in trument was acknowledged before me on 1/,TUAi( 21, , 2015, by �oh 7,13an1 , Owner, Butler & Diaz, Iric., d/b/a Yorktown Mini Storage, a Texas small business corporation, on behalf of said Corporation. License for Street Right of Way Use Notary P, Dr c'� i natur 9 Page 7 of 10 EXECUTED IN DUPLICATE this day of OCACAD , 20 Butler & Diaz, Inc., d/b/a Yorktown Mini Storage, a Texas small business corporation ony Diat 111 Date , Vice -President ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF NUECES This instruent was acknowledged before me on OCA- , 2015, by ' L-' , Owner, Butler & Diaz, Inc., d/b/a Yorktown Mini Stdrage, a Texas small business corporation, o behalf of aid Corporation. 00,17,4„,CANNER FARRALL 4.1---a Notary Public, Slate of Texas f My Commission Expires ; qt. ,,• August 20, 2017 License for Street Right of Way Use Notary Pu 's Signature Page 8 of 10 EXECUTED IN DUPLICATE this a 1 day of OC.Y6cLQd , 20 /5 Butler & Diaz, Inc., d/b/a Yorktown Mini Storage, a Texas small business corporation l O a JL5 Date Z)IUtti2ASecretary/Treasurer Elizabeth F. Butler ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF NUECES § T is/instrument w .s cknovyledged before me on leer 2 , 2015, by rt zeib/1- l () 'f e , Owner, Butler & Diaz, Inc., d/b/a Yorktown Mini Storage, a Texas small business corporation, on behalf of said Corporation. iii navwo Notary Public STATE OF TEXAS My Comm. Exp. 0710512019 License for Street Right of Way Use Notary P blic's Signatur Page 9 of 10 ATTEST: CITY OF CORPUS CHRISTI By: City Secretary Daniel M. Grimsbo, P.E. Director, Development Services Department Approved as to legal form: , 2015 Julian Grant Senior Assistant City Attorney for the City Attorney STATE OF TEXAS COUNTY OF NUECES § § § This instrument was acknowledged before me on , 2015, by Daniel M. Grimsbo, P.E., as Director, Development Services Department, of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation. Notary Public's Signature License for Street Right of Way Use Page 10 of 10 LICENSE FOR STREET RIGHT-OF-WAY USE 6652 YORKTOWN BLVD Exhibit B ny a Cul z Ito rg Yk /-€ YORKTOWN BLVD. N emote r Lexi (n• ""''o'"'� N 61'00'00' W p 8 120.06' $ — rr 61'01Ob0' w 10400' tyi "1 V N MCC n' sG4L WC tear 6m2.23- £ 14.00' 5 6110017" I (7 r1Flh'1' I no) DITCH 3 r' R w . J ,.T!' urvvnT C4SIYI t / gO ATTACHMENT EXHIBIT C INSURANCE REQUIREMENTS L PERMITTEE'S LIABILITY INSURANCE A. Permittee shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Permittee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Permittee shall furnish to the Risk Manager or designee and Director of Development Services. two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence .^ aggregate Commercial General Liability including: 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Permittees 7. Pollution/Environmental Impairment S1,000,000 Per Occurrence S2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 51,000,000 Combined Single Limit WORKERS' COMPENSATION EMPLOYER'S LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT. 5500,000 5500,000 5500,000 C. In the event of accidents of any kind related to this project, Permittee shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS A. Permittee 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 suicient to assure that all workers' compensation obligations incurred will be promptly met. B. Permittee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Permittce'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- V11. C. Permittee shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Permittee shall pay any costs incurred resulting from said changes. AlI notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.D. Box 9277 Corpus Christi, TX 78469-9277 D. Permittee 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, as 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 policy • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Successful Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Permittee'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 Permittee'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 Permittee to stop work hereunder, and/or withhold any payment(s) which become due to Permittee hereunder until Permittee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Permittee may be held responsible for payments of damages to persons or property resulting from Permittee's or its subcontractor's performance of the work covered under this agreement. H_ It is agreed that Permittee'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. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2014 ins req. Development Services 11 13 `2014 ds Risk Mgmt. Exhibit D 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 appll ble, answer with 'NA' FIRST NAME: t X t�l 1J \ [I Z 1 f1 C. 0 (-/ tr . L \ rOt rr StD{i\ STREET: 1.-965aCI1-4-10.4\ N �C31 CITY: CGi V� h t f ZIP: TI U FIRM IS: IX. Corporation C32 Partnership 03. Sole Owner 04. Association 05. 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 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 N 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 35 or more of the ownership in the above named 'firm'. Name ki \A Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of Ihis statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted lo the City of Corpus Christi, Texas as changes occur Certifying Person: _\ 1 2 \r VAA1 SL 1r (Type or Priory Signature of Certifying Person: C L TAQ' Date: Title: LICENSE FOR STREET RIGHT OF WAY USE - 6652 YORKTOWN BLVD (44 0 LICENSE FOR STREET RIGHT OF WAY USE 6652 YORKTOWN BLVD o- s ey Vicinity Map 9 LPKEVIEW h S4'�vp 2 "', w(<'444, o 45-- 3'< O R0., 'QLI CENSE FOR -STREET RIGHT OF WAY USE / ° a 6652 YORKTOWN BLVD ea„_p ��q4✓ o 6809 600 Dale crested ey.9/15/1015 panmenr or a� ropm ors LICENSE FOR STREET RIGHT-OF-WAY USE 6652 YORKTOWN BLVD Subject LOCATION MAP AGENDA MEMORANDUM First Reading for the City Council Meeting of December 08, 2015 Second Reading for the City Council Meeting of December 15, 2015 DATE: October 26, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Exemption from the Wastewater Acreage/Lot Fees for Lewis & Cook Addition, Block 1, Lot 1 located at the intersection of Agnes Street (Business State Hwy no. 44) and Bockholt Road is located within the Greenwood Wastewater Treatment Plant, Service Area 6. CAPTION: Ordinance exempting the Lewis & Cook Addition, Block 1, lot 1 subdivision located at the intersection of Agnes Street (Business State HWY No. 44) and Bockholt Road, from the payment of the wastewater lot/acreage fees under Section 8.5.2.g.1 of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. PURPOSE: Exempt the property owner of Lewis & Cook Addition, Block 1, Lot 1 from paying $4,021.76 in wastewater lot and acreage fees subject to execution of a Sanitary Sewer Connection Agreement. BACKGROUND AND FINDINGS: Mr. Craig Lewis, JCL Properties Partner is requesting the City to waive the Sanitary Sewer (Wastewater) Lot and Acreage Fees for Lewis & Cook, Block 1, Lot 1 by providing an exemption for this area. The subject property located at the intersection of Agnes Street (Business State Hwy No. 44) and Bockholt Road is within the Greenwood Wastewater Treatment Plant, Service Area 6 (Wastewater Collection System Master Plan). Currently, this section of the Service Area does not have any wastewater services available for the property. It is Staff's opinion that wastewater facilities will not be available within the next 15 years unless these improvements are included in a bond project. Section 8.5.2.G.1. of the Unified Development Code (UDC) outlines the exemption of payment of wastewater lot or acreage fees if the land for which the fees are required lies within an area exempted by City Council for the payment of such fees. Exempted areas are determined by City Council and generally are those areas not likely to be served by City wastewater services within the next fifteen (15) years. This section also provides that owners of property for which an acreage fee has been paid may receive a refund if, after 10 years, but not more than 20 years from the date of the filing of the plat, the owners of 50 percent of the property petition City Council for a hearing to determine whether the fees should be refunded. A refund may be made if City Council finds that, among other things, the property is not likely to receive services within another 5 years. ALTERNATIVES: Require the developer to pay the applicable wastewater lot and acreage fees in the amount of $4,021.76 prior to the recording of the plat. If wastewater services are not available within 15 years from the date of the filing of the plat, the property owners may request a refund which will include a 5 1/2 percent interest per annum from the date of filing of the final plat. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: On November 04, 2015, the Planning Commission recommended City Council approve the wastewater exemption subject to a Sanitary Sewer Connection Agreement. 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 BALANCE Fund(s): COMMENTS: None RECOMMENDATION: On November 04, 2015, the Planning Commission and Staff recommended that City Council approve the exemption of the wastewater lot and acreage fees subject to a Sanitary Sewer Connection Agreement. The agreement will require payment of the pro -rata fee in effect when public wastewater service becomes available. The agreement will also require payment of the wastewater lot and acreage fees in effect if public wastewater becomes available within 15 years of the plat being filed for record. LIST OF SUPPORTING DOCUMENTS: Ordinance Sanitary Sewer Connection Agreement ORDINANCE EXEMPTING THE LEWIS & COOK ADDITION, BLOCK 1, LOT 1 SUBDIVISION LOCATED AT THE INTERSECTION OF AGNES STREET (BUSINESS STATE HWY NO. 44) AND BOCKHOLT ROAD, FROM THE PAYMENT OF THE WASTEWATER LOT/ACREAGE FEES UNDER SECTION 8.5.2.G.1 OF THE UNIFIED DEVELOPMENT CODE; REQUIRING THE OWNER/DEVELOPER TO COMPLY WITH THE SPECIFIED CONDITIONS. WHEREAS, Lewis & Cook Addition, Block 1, Lot 1 (the Subdivision) located at the intersection of Agnes Street (Business State Hwy no. 44) and Bockholt Road is not currently served by the City wastewater system; WHEREAS, the owner/developer has submitted a written request that the Subdivision be exempt from the payment of wastewater lot or acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, based on Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, City Staff and the Planning Commission recommend that City Council find that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years and that the Subdivision be exempt from the payment of wastewater lot or acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. It is determined that Lewis & Cook Addition, Block 1, Lot 1 (the Subdivision) located at the intersection of Agnes Street (Business State Hwy no. 44) and Bockholt Road is not likely to be served by city wastewater service within the next fifteen (15) years and is exempt from the payment of wastewater lot or acreage fees at this time, pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi. SECTION 2. The exemption from the payment of wastewater lot or acreage fees, pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, is conditioned upon owner/developer compliance with the following: a. That the owner/developer of the Subdivision enter into a Sanitary Sewer Connection Agreement with conditions (copy of Agreement attached hereto and incorporated herein to this Ordinance for all purposes). b. That the Sanitary Sewer Connection Agreement requires payment of the wastewater lot or acreage, pro -rata, and tap fees at the rate in effect at the time of connection to City wastewater. c. That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. d. That the Sanitary Sewer Connection Agreement and covenants contained in the agreement are covenants running with the land. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home -Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277, hereinafter called "City" and Craig J Lewis, Partner, JCL Properties, 12580 S.H 30, College Station, Texas 77845 hereinafter called "Developer/Owner." WHEREAS, Developer/Owner in compliance with the City's Unified Development Code, has submitted the plat for Lewis & Cook Addition, Block 1, Lot 1, hereinafter called "Development," (Exhibit 1); and, WHEREAS, wastewater construction plans and construction are a requirement of the plat, and WHERAS, the Development Services Engineer has determined that sanitary sewer is not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers/Owner to record the plat of the Development Property without initial construction of wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Developer/Owner agrees for itself, its successors, transferees, and assigns, as follows: 1. to connect to City sewer at such time as a wastewater manhole is located at the frontage of the property or a wastewater line extends along the frontage of the property; 2. to pay wastewater acreage fees at the rate in effect at the time of connection if wastewater services are available within fifteen (15) years from the recording date of the plat; and 3. to pay tap fees and pro rata fees at the time of connection to City wastewater. Sanitaiy Sewer Connection Agreement Lewis & Cook Addition, Block 1, Lot 1 Page 2 City agrees: 1. to allow property to use on-site wastewater treatment in compliance with State and Local regulations; INDEMNIFICATION: DEVELOPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF THE GRAND RESERVE UNIT 2, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. This agreements and covenants set forth herein are covenants running with the land, to be filed in the Office of the Nueces County Clerk Office, and shall be binding on Developer/Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. 104' day of klaetilir, 2015. 1../� ///. i/! . Sanitaty Sewer Connection Agreement Lewis & Cook Addition, Block 1, Lot 1 Page 3 EXECUTED original, this DEVELOPER/OWNER: Crai.fV ws Partner JCL Properties STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this koz-r- , 2015, by Craig J Lewis. ID* , day of Nota Pu c, State of Texas APPROVED: This day of , 2015 By: Daniel M. Grimsbo, P.E., AICP Development Services Director APPROVED as to form: By: Julian Grant Senior Assistant City Attorney For City Attorney Sanitary Sewer Connection Agreement Lewis & Cook Addition, Block 1, Lot 1 Page 4 ,;il !it 11 its !Ili I i.. 1 . b ;19 4 C i. r 'lin a\ i . IA I 111 6 II 1, 1r 11 ill 1 ii I gl it p ,f t t3 i1 1 • I 1'.. f x !a ! i !d i Ii iii':, 10 Tillii lin 'ia{I iildi x 4141 I I i 4111 1 le ii t:}ttfK 1 a 'Ilikli r : 5 r; • i J I;e! : ; 1 1 3 1;.; ! i i; i ! fliP. 1 ;!! 11 ; i d, •-i i 1 • # ; ifi/Ot pi a •1 {{��z r f Ili x 1! ;+ b a �':1 i rill 3 sit = 1$ I If= .. _ ;; !1 1_ =fig.:I2I. ▪ ; (►! t /. k, 1 ci -Iii : .2.11.111,11.:1 t .11. .:.:111!/1 .R .4 L. ,} ri ' -1 "II ill it !1I ;<? 1 . ill 16 ri liti It! t! ;Ili �F 1 :d r 1r- • .61' u{ - 3 .10•1+116 4NM. 4F, -}1a. 'd1 a `i"� _ ski p1 $ ; 3i 1. • r y il 1. Iv i ill 1 0, •~• t • 41 Y 4� 1 rri ;-1 r wr' ill r 4 IP r at 14,it -..s : l' \y I b rri s .AM / ± G,p, /" 1 it i E.L `ngkt / 'I 11 ra i $ 111 fi EXHIBIT 1 LEWIS & COOK WASTEWATER EXEMPTION REQUEST LOCATION MAP N A Nueces ° Bay m N✓> Fpm a L TON � Fq O ZZQ � SRO Q Q V� 2 � Q UPAN dd RWV44 g g �f LOU, N ° p 3 AGNES Gras AGNES SON BEAR p A CR 4 U F 4 ~ �JQ R U 0,28 HORNE y 7'' WEST POINT i m0 SUBJECT NO<�y GO<lygR �p� M ,E. 4r°Gq ¢- 72-'Sa mm ° CR 26 Vi inity /lap " Corpus Christi Bay AGENDA MEMORANDUM Future item for the City Council Meeting of December 8, 2015 Action item for the City Council Meeting of December 15, 2015 DATE: October 27, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg©cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Capital Programs jeffreye@cctexas.com (361) 826-3851 CAPTION: Master Service Agreement On CaII Solid Waste Engineering Services Ordinance amending the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to add Project No. E15103 On Call Services/Solid Waste; transferring funds in the amount of $280,000 from Solid Waste Project Reserves to the On Call Services/Solid Waste Project; and authorizing the City Manager or designee to execute a master service agreement with Naismith Engineering, Inc. of Corpus Christi, Texas in the amount of $250,000.00 for On Call Services/Solid Waste for engineering services as may be required. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a master service agreement with the Naismith Engineering, Inc. for the On -Call Services with Solid Waste Operations. BACKGROUND AND FINDINGS: This project will provide Solid Waste Department with assistance as the need arises for operation and maintenance issues, permitting questions or clarifications, records research, small job order construction contract design, or other needs associated with the Elliott Landfill, Elliott Transfer Station and Cefe Valenzuela Landfill. Naismith Engineering, Inc. was selected for this project under RFQ 2014-08. Services shall be performed on a task by task basis. The following potential tasks have been identified; however this contract will apply to as many tasks as the Owner and Engineer agree at a cost not to exceed $250,000. • Flood damaged pavement repairs to Oso Creek crossing at Elliott Landfill • Erosion repairs and control measures at soil borrow area south of Oso Creek C:\USERS\GRANIC-1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@5805C09E\@BCL@5805C09E.DOCX • Pavement assessment and repairs at Elliott Transfer Station • Piping repairs/replacement for the Elliott Landfill leachate storage tanks • Development of Temporary Debris Storage and Reduction (TDSR) site(s) for Emergency Response program • Erosion repairs and control measures at Elliott Landfill • Regulatory consulting regarding status of soil borrow areas adjacent to Elliott Landfill • Program development assistance and regulatory review for the proposed Flour Bluff Litter Critter program • Other tasks to be determined ALTERNATIVES: 1. Authorize execution of a master service agreement. 2. Do not authorize execution of a master service agreement. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Complies with statutory requirements for engineering contracts, and conforms to FY 2015-2016 Street Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Solid Waste Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Total Budget $0.00 $280,000.00 $280,000.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 $0.00 This item $0.00 $250,000.00 $0.00 $250,000.00 Future Anticipated Expenditures This Project $0.00 $0.00 $0.00 $0.00 BALANCE $0.00 $18,100.00 $0.00 $18,100.00 Fund(s): Comments: RECOMMENDATION: City staff recommends the approval of a master service agreement with Naismith Engineering, Inc. in the amount of $250,000 for On Call Services. C:\USERS\GRANIC-1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@5805C09E\@BCL@5805C09E.DOCX LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Presentation C:\USERS\GRANIC-1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@5805C09E\@BCL@5805C09E.DOCX Ordinance amending the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to add Project No. E15103 On Call Services/Solid Waste; transferring funds in the amount of $280,000 from Solid Waste Project Reserves to the On Call Services/Solid Waste Project; and authorizing the City Manager or designee to execute a master service agreement with Naismith Engineering, Inc. of Corpus Christi, Texas in the amount of $250,000.00 for On Call Services/Solid Waste for engineering services as may be required. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 is amended to add Project No. E15103 On Call Services/Solid Waste. SECTION 2. Funds in the amount of $280,000 are transferred from Fund 3367 project E13035 CV Disposal Cell Construction 1B to the On Call Services/Solid Waste Project E15103. SECTION 3. The City Manager or designee is authorized to execute a master service agreement with Naismith Engineering, Inc. in the amount of $250,000.00 for On Call Services/Solid Waste. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 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 PROJECT BUDGET ESTIMATE ON CALL SERVICES E15103 PROJECT FUNDS AVAILABLE: Landfill 2015 CO $ 280,000.00 TOTAL $ 280,000.00 FUNDS REQUIRED: Design Fees: Engineering (Naismith Engineering) 250,000.00 Reimbusements Total 11,900.00 Contract Admin (Engineering/Finance/Capital Budget)(1.50%) 4,200.00 Engineering Services (Project Mgt/Constr Mgt)(2.25%) 6,300.00 Misc. (Printing, Advertising, etc.) 1,400.00 TOTAL $ 261,900.00 ESTIMATED PROJECT BUDGET BALANCE $ 18,100.00 N S SEDWICK RD 0 > s r O 0 0 w z J ¢) OS 1 • 6b, �o ROS; ti zco , 0 FM 2444 V O , � G< Np Ro JC Elliot Landfill and Transfer Station Cefe Valenzuela Landfill LOCATION MAP NOT TO SCALE *Other support may include offsite operational support* Project: E15103 On CaII Services CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS "11 111 Corpus Chr sti Engineering On Call Services Council Presentation December 8, 2015 Project Location �hrsti Engineering JC ELLIOT LANDFILL & JC ELLIOT TRANSFER STATION .1.'''N CEFE VALENZUELA LANDFILL Project Scope �hrsti Engineering This project will provide Solid Waste Department with assistance as the need arises for: Operation and maintenance issues, Permitting questions or clarifications, Records research, Small job order construction contract design, And other needs associated with the Elliott Landfill, Elliott Transfer Station and Cefe Valenzuela Landfill. Naismith Engineering, Inc. was selected for this project under RFQ 2014-08. Services shall be performed on a task by task basis. The above listed tasks have been identified; however this contract will apply to as many tasks as the Owner and Engineer agree at a cost not to exceed $250,000. Project Schedule �hrsti Engineering 2015 2016 2017 Nov Dec Jan Feb Mar Apr May Jun 1 Jul Aug Sold Oct Nov Dec Jan 1Feld Mar Apr May Jun 1 Jul Aug Sep Oct Nov Dec Design/Construction (various tasks) Project Estimate: 730 Calendar Days 24 Months AGENDA MEMORANDUM First Reading for the City Council Meeting of December 8, 2015 Second Reading for the City Council Meeting of December 15, 2015 DATE: October 7, 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 Construction Contract Tuloso Road from IH 37 to Leopard Street BOND 2012 Ordinance amending the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 by transferring $450,000 from Fund 3549 Street 2013 GO Bond 2012, Project #E12095 South Staples Street from Brawner Parkway to Kostoryz Road to the Tuloso Road from IH 37 to Leopard Street Project (Bond 2012); increasing expenditures in the amount of $450,000; and authorizing the City Manager, or designee, to execute a construction contract with Haas Anderson Construction, Inc. of Corpus Christi, Texas in the amount of $5,014,449.60 for Tuloso Road from IH 37 to Leopard Street Project (BOND 2012) for the total Base Bid. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract with the lowest responsible bidder, Haas -Anderson, Inc., for the Tuloso Road from IH 37 to Leopard Street BOND 2012 project. BACKGROUND AND FINDINGS: This project was approved in the Bond 2012, Proposition No. 1 Street Project by the community in the general election held in November 6, 2012. Brochure description: "Tuloso Road (IH 37 to Leopard) $1,800,000.00 — This project includes full - depth repair and widening the existing two lane rural roadway to 3 -lane roadway with two travel lanes and a continuous left turn lane. Other improvements include curb and gutter, sidewalks, ADA curb ramps, lane striping and pavement markings. The project provides for full depth reconstruction and widening of the existing hot -mix -asphalt -concrete (HMAC) two-lane rural roadway with parallel ditches to concrete three -lane roadway with two 11 -foot travel lanes, a 14 -foot continuous center turn lane, curb & gutter and new underground storm water trunk main. The roadway widening and addition of underground drainage required the City to acquire several abutting parcels for street ROW and utility easements. The concrete pavement was selected to minimize impacts to six existing high-pressure private gas lines in the area. The roadway widening and new underground storm water required relocation of AEP power lines and adjustments to one underground private gas line. Other utility work includes improvements to existing water lines, wastewater lines, and gas lines through the limits of the project. ADA accessibility improvement, markings, and signage are also included in the project. On August 19, 2015, the City received proposals from four (4) bidders and the bidders: Contractor Base Bid Haas -Anderson Construction, Ltd. Corpus Christi, Texas $5,014,449.60 Berry Contracting L.P. DBA Bay, Ltd. Corpus Christi, Texas $5,051,864.95 Clark Pipeline Services, LLC Corpus Christi, Texas $5,128,513.71 Reytec Construction Resources, Inc. Houston, Texas $5,298,144.00 The bids demonstrate a competitive pricing that exceeds the engineer's estimate and original budget for the project. This is attributed to concerns and assumed risk working in proximity to the high pressure gas lines that the City's engineer did not properly anticipate. Redesigning and rebidding the project is not anticipated to result in lower pricing. Therefore, the project is recommended for award. ALTERNATIVES: 1. Authorize execution of the construction contract. 2. Do not authorize execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: The proposed reconstruction of Tuloso Road, replaces the existing ditch drainage to an underground storm water drainage system that improves the profile of the roadway and adjacent properties. The new center turn lane improves traffic safety by aligning the new roadway section with the adjoining roadways to the north and south with improved turning motions to adjacent side streets and properties. CONFORMITY TO CITY POLICY: Complies with statutes regarding construction procurement criteria. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Utility 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 $3,399,866.75 $2,113,400.00 $5,513,266.75 Ordinance — This item 850,000.00 850,000.00 Revised Budget $3,399,866.75 $2,963,400.00 $6,363,266.75 Encumbered / Expended Amount 502,800.00 $0 502,800.00 This item 5,014,449.60 5,014,449.60 Future Anticipated Expenditures This Project 0.00 843,741.96 843,741.96 BALANCE $2,897,066.75 ($2,894,791.56) $2,275.19 Fund(s): ST 32 RECOMMENDATION: City staff, and the City's engineer Maverick Engineering, recommend that the construction contract be awarded to Haas -Anderson, Inc. of Corpus Christi, Texas in the amount of $5,014,449.60 for Tuloso Road from IH 37 to Leopard Street BOND 2012 for the total Base Bid. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Presentation ORDINANCE AMENDING THE FY 2016 CAPITAL IMPROVEMENT BUDGET ADOPTED BY ORDINANCE NO. 030621 BY TRANSFERRING $450,000 FROM FUND 3549 STREET 2013 GO BOND 2012, PROJECT #E12095 SOUTH STAPLES STREET FROM BRAWNER PARKWAY TO KOSTORYZ ROAD TO THE TULOSO ROAD FROM IH 37 TO LEOPARD STREET PROJECT (BOND 2012); INCREASING EXPENDITURES IN THE AMOUNT OF $450,000; AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A CONSTRUCTION CONTRACT WITH HAAS ANDERSON CONSTRUCTION, INC. OF CORPUS CHRISTI, TEXAS IN THE AMOUNT OF $5,014,449.60 FOR TULOSO ROAD FROM IH 37 TO LEOPARD STREET PROJECT (BOND 2012) FOR THE TOTAL BASE BID. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 is amended to add $450,000 from project E12095 South Staples Street from Brawner Parkway to Kostoryz Road to the Tuloso Road from IH 37 to Leopard Street Improvement Project (Bond 2012). SECTION 2. The FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 is amended to increase expenditures in the amount of $450,000 to the Tuloso Road from IH 37 to Leopard Street Improvement Project (Bond 2012). SECTION 3. The City Manager or designee is authorized to execute a construction contract for the Tuloso Road from IH 37 to Leopard Street Improvement Project (Bond 2012) for the Base Bid in the amount of $5,014,449.60 with Haas Anderson Construction, Inc. of Corpus Christi, Texas. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 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 PROJECT BUDGET Tuloso Road from Interstate Highway 37 to Leopard Street Bond 2012 PROJECT FUNDS AVAILABLE: Street CIP (Bond 2012) $ 1,800,000.00 Utility CIP 4,113,266.75 Water CIP 1,114,016.75 Wastewater CIP 1,005,500.00 Storm Water CIP 1,681,900.00 Gas CIP 311,850.00 Ordinance (Streets Bond 2012) 450,000.00 TOTAL PROJECT FUNDS AVAILABLE $ 6,363,266.75 FUNDS REQUIRED: Construction Fees: Construction (Haas Anderson) 5,014,449.60 Street 1,884,539.80 Utilities 3,129,909.80 Water 1,075,107.20 Wastewater 660,410.80 Storm Water 1,342,595.80 Gas 51,796.00 Contingency (10%) 501,444.96 Construction Inspection (3.5%) 193,000.00 Construction Materials Testing (Rock) 4,500.00 SUB -TOTAL REQUIRED FOR CONSTRUCTION 5,713,394.56 Design Fees and Land Acquisition: * Engineer (Maverick Engineering) Original and 1 Amendment 340,722.00 Street 244,727 Utilities 104,395 Water 25,477 Wastewater 25,477 Storm Water 49,146 Gas 4,295 Geotechnical Study and Testing (Rock) 8,500.00 Land Acquisition 38,375.00 SUB -TOTAL REQUIRED FOR DESIGN AND LAND ACQUISITION 387,597.00 Reimbursements: Contract Administration (Eng. Admin/Finance/Capital Budget) (1.25%) 65,000.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services) (3.5%) 193,000.00 Misc. (Printing, Advertising, etc.) 2,000.00 SUB -TOTAL REQUIRED FOR REIMBURSEMENTS 260,000.00 TOTAL PROJECT EXPENDITURES 6,360,991.56 ESTIMATED PROJECT BUDGET BALANCE $2,275.19 * Approved by City Council on January 29, 2013 by Motion 2013-16. Tuloso Road IH 37 to Leopard Street Bond 2012 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 Tuloso Road Reconstruction (Leopard to IH -37) BOND 2012 Corpus Chr sti Engineering Council Presentation December 8, 2015 Location Map �hrsti Engineering PROJECT LOCATION Project Location �hrsti Engineering 3 Project Scope �hrsti Engineering Project includes: • Full -depth reconstruction and widening of the existing 2 - lane roadway to 3 -travel lanes with a continuous center turn -lane • New concrete surface replacing existing HMAC surface • New underground drainage with curb & gutter replacing roadside ditches • Utilities improvements for water, wastewater, and gas lines • ADA complaint curb -ramps, sidewalks and pavement markings • Land acquisition and Right of Way dedication Project Scope (cont.) 0 �hrsti Engineering TRAVEL LANE TRAVEL LANE a * Existing Roadway Two 12' travel lanes TRAVEL LANE CONT. TURNING LANE TRAVEL LANE i Proposed Roadway Two 12' travel lanes with 14' center lane Contractor: Haas Anderson Construction (HAC) Note: The bid prices exceed engineer's estimate as a result of proximity of the roadway and utility improvements with 6 existing private high-pressure gas lines Project Schedule �hrsti Engineering 2015 2016 Jul Aug Design Sep Oct Nov Bid Dec Jan Feb Mar Apr May Jun Jul Aug Construction Sep Oct Project Estimate: 240 Calendar Days 8 Months The project is planned for substantial completion to allow traffic before the next school year starts. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 8, 2015 Second Reading Ordinance for the City Council Meeting of December 15, 2015 DATE: TO: Ronald L. Olson, City Manager November 12, 2015 FROM: Mark Van Vleck, Executive Director of Utilities MarkV@cctexas.com (361) 826-1874 Eddie Houlihan, Assistant Manager, Office of Management and Budget EddieHo@cctexas.com (361) 826-3792 Ordinance Adjusting Public Agency for Resale Water Rates CAPTION: Ordinance amending the Code of Ordinances, Chapter 55, regarding public agency for resale water rates; providing for publication, and providing effective date. PURPOSE: To amend the Code of Ordinances for the revision of Resale Water Rates. BACKGROUND AND FINDINGS: The Proposed FY 2015-2016 Budget includes estimates of revenues generated from increased fees and rates and new fee/rates necessary to fund specific projects and/or cover existing operating costs. ALTERNATIVES: Council may choose not to amend the Code of Ordinances. OTHER CONSIDERATIONS: These rates will remain in place for next Fiscal Year. CONFORMITY TO CITY POLICY: This item conforms to City Policies. EMERGENCY / NON -EMERGENCY: This item requires two readings. The second reading will be at the regular December 15, 2015 City Council meeting. DEPARTMENTAL CLEARANCES: Water FINANCIAL IMPACT: ❑ Operating 0 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 240,000 240,000 BALANCE 240,000 240,000 Fund(s): Comments: Rate changes and/or consumption changes will generate estimated additional revenue of $240,000 for Water. RECOMMENDATION: Approval of Ordinance as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance 1 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding public agency for resale water rates; providing for publication and effective date of January 1, 2016 Whereas the water rates were recently amended on September 8, 2015 in Ordinance No. 030605 with the exception of the public agency for resale water rates; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 55-50 (a) (2) e. of the Code of Ordinances regarding public agency for resale water rates is revised with new rates as shown in underlined text below to be effective on January 1, 2016. "Sec. 55-50. - Schedule. (a) Base rates for water service. The rates for water service are as follows: (2) Monthly volume charges per 1,000 gallons. e. Resale treated water rates. 1. Treated water rates purchased for resale where the water is taken and metered at the site of treatment are hereby set as follows: Effective Octobcr 1, 2011 January 1, 2016 1 First 2,000 Gallons TOver 2,000 Gallons Minimum* $1.253 $1.332 *Use the minimum charges in subsection (a)(1). 2. Treated water rates purchased for resale where the water is delivered to the resale entity through city facilities are hereby set as follows: Effective Octobcr 1, 2014 January 1, 2016 First 2,000 Gallons Minimum* C:\Users\GRANIC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@ BCL@ 64058396\@ BCL@ 6405839 6. docx 2 Over 2,000 Gallons $1.914 $1.964 *Use the minimum charges in subsection (a)(1). Section 2. 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 and all revised water rates included this ordinance take effect on January 1, 2016. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas C:\Users\GRANIC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@ BCL@ 64058396\@ BCL@ 6405839 6. docx 3 PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor C:\Users\G RANIC^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@ BCL@64058396\@ BCL@64058396.docx AGENDA MEMORANDUM First Reading for the City Council Meeting of December 08, 2015 Second Reading for the City Council Meeting December 15, 2015 DATE: December 8, 2015 TO: Ronald L. Olson, City Manager FROM: Rebecca Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Transfer of City Council Member's Salary CAPTION: Ordinance approving the transfer of an amount budgeted for Council Member Carolyn Vaughn's salary, plus applicable payroll taxes, in the total amount of $6,459 from the No. 1020 General Fund to and appropriating in the No. 1042 Residential Street Fund and changing the FY 2015-2016 Operating Budget adopted by Ordinance 030620 to increase revenues and expenditures by $6,459 in the No. 1042 Residential Street Fund. PURPOSE: The purpose of this item is to transfer Council Member Carolyn Vaughn's annual salary, and associated payroll taxes, into the Residential Street Fund. BACKGROUND AND FINDINGS: Council Member Carolyn Vaughn has requested that her annual salary and associated payroll taxes be applied to funding for Residential Streets. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Not applicable. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal Department Budget 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 $54,243.00 $0 $54,243.00 Encumbered / Expended Amount $3,957.33 $0 $3,957.33 This item $6,459.00 $0 $6,459.00 BALANCE $43,826.67 $0 $43,826.67 Fund(s): General Fund Comments: None. RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance approving the transfer of an amount budgeted for Council Member Carolyn Vaughn's salary, plus applicable payroll taxes, in the total amount of $6,459 from the No. 1020 General Fund to and appropriating in the No. 1042 Residential Street Fund and changing the FY 2015-2016 Operating Budget adopted by Ordinance 030620 to increase revenues and expenditures by $6,459 in the No. 1042 Residential Street Fund Whereas, the City Charter provides for a Council Member's annual salary of $6,000; Whereas, Council Member Carolyn Vaughn wishes to decline her salary and wishes that it be instead transferred to the Residential Street Fund; Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That transfer of the amount budgeted for Council Member Carolyn Vaughn's salary, plus applicable payroll taxes, in the total amount of $6,459 from the No. 1020 General fund to and appropriating in the No. 1042 Residential Street Fund is approved. SECTION 2. That the FY 2015-2016 Operating Budget adopted by Ordinance 030260 is changed to increase revenues and expenditures by $6,459 in the No. 1042 Residential Street Fund. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Brian Rosas That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Brian Rojas 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 12/08/2015 Second Reading Ordinance for the City Council Meeting of 12/15/2015 DATE: TO: November 16, 2015 Ronald L. Olson, City Manager FROM: Steven Viera, Benefits Manager SteveV@cctexas.com (361) 826-3445 Continuing Texas Municipal Retirement System (TMRS) Updated Service Credits for Current Participants and Increases for Prior and Current Annuities. CAPTION: Ordinance authorizing and allowing, under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions; and providing for severance. PURPOSE: The purpose of this ordinance is to provide "Updated Service Credits" and "Increased Prior and Current Service Annuities" in TMRS. Updated Service Credit (USC) — Is a provision adopted by City ordinance that may increase the value of employee retirement benefits by accounting for increases in salary later in the employee's career. Annuity Increase, or Cost of Living Adjustment (COLA) — Is provided as an increase in annuities for retirees. COLAs are a plan enhancement to help retirees with increases in their cost of living after retirement. These provisions also adhere to the negotiation of "Updated Service Credits" and "Increased Prior and Current Service Annuities" in the collective bargaining agreement with Corpus Christi Police Officer's Association (CCPOA), Government Accounting Standards, as interpreted by the City's external auditor, dictating that the City must record the liability as if annually repeating for the term of the contract (which ends on September 30, 2019). BACKGROUND AND FINDINGS: On July 27, 2004, for an effective date of January 1, 2005, Council adopted "Updated Service Credits" and "Increased Prior and Current Service Annuities" on an annual basis (annually repeating, not requiring approval by Council each year). Ordinance 025865 On December 7, 2010 Council approved the contract with the Corpus Christi Police Officer's Association (CCPOA), which included provisions for "Updated Service Credits" and "Increased Prior and Current Service Annuities" on an "Ad Hoc" basis. On December 14, 2010 Council approved Ordinance 028892 authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2011. On November 15, 2011, Council approved Ordinance 029290 authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2012. On December 11, 2012, Council approved Ordinance 029692 authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2013. On December 17, 2013, Council approved Ordinance authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2014. On December 16, 2014, Council approved Ordinance authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2015. ALTERNATIVES: None. The City is restricted by the terms of the collective bargaining agreement with the CCPOA and provisions of the state statute governing TMRS. State statute extends to services performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City. This is a five year contract which is effective from August 1, 2015 through September 30, 2019. OTHER CONSIDERATIONS: For calendar year 2016, the rate calculated by TMRS under the Ad Hoc provision is 9.98% however the City budgeted and was contributing 16.46% since January 2015 thru September 2015. In October 2015, the City increased its contribution to 18.46% to address the liability issue. The City will also increase this amount by 2% ever year to get back to an annual repeating contribution. With the adoption of these benefits, the City's full contribution rate for 2016 will be 9.98%. CONFORMITY TO CITY POLICY: Adoption of this ordinance is in accordance with the Agreement negotiated with the Corpus Christi Police Officers' Association. EMERGENCY / NON -EMERGENCY: Non -emergency, Ordinance - Two readings (12/08/15, 12/15/15) 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 adoption of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing and allowing, under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions; and providing for severance. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. Authorization of Updated Service Credits. (a) On the terms and conditions set out in Sections 853.401 through 853.403 of Subtitle G of Title 8, Government Code, as amended (hereinafter referred to as the "TMRS Act"), each member of the Texas Municipal Retirement System (hereinafter referred to as the "System") who has current service credit or prior service credit in the System in force and effect on the 1st day of January of the calendar year preceding such allowance, by reason of service in the employment of the City, and on such date had at least 36 months of credited service with the System, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in subsection (d) of Section 853.402 of said title) in an amount that is 100% of the "base Updated Service Credit" of the member (calculated as provided in subsection (c) of Section 853.402 of said title). The Updated Service Credit hereby allowed shall replace any Updated Service Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. (b) In accordance with the provisions of subsection (d) of Section 853.401 of said title, the deposits required to be made to the System by employees of the several participating departments on account of current service shall be calculated from and after the date aforesaid on the full amount of such person's earnings as an employee of the City. Section 2. Increase in Retirement Annuities. (a) On terms and conditions set out in Section 854.203 of Subtitle G of Title 8, Government Code, as amended, the City hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of the City under current service annuities and prior service annuities arising from service by such employees to this City. An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person. Page 1 of 3 (b) The amount of the annuity increase under this Section is computed as the sum of the prior service and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by 70% of the percentage change in Consumer Price Index for All Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this Section. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereby. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of this City and of its account in the municipality accumulation fund of the System. Section 3. Effective Date. Subject to approval by the Board of Trustees of the System, this ordinance shall be and become effective on the 1st day of January 2016. Section 4. 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. Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Jr. 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 Jr. Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the th day of , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Page 3 of 3 AGENDA MEMORANDUM First Reading for the City Council Meeting of December 8, 2015 Second Reading for the City Council Meeting of December 15, 2015 DATE: December 8, 2015 TO: Ronald L. Olson, City Manager FROM: Judy VillaIon, City Treasurer judyav@cctexas.com (361) 826-3651 Constance P. Sanchez, Director of Finance constancep@cctexas.com (361) 826-3227 Maria Pedraza, Procurement Manager mariape@cctexas.com (361) 826-3176 Depository Banking Services Agreement CAPTION: Ordinance to accept staff recommendation to designate Frost Bank as the depository for municipal funds in accordance with section 105.016 of the Texas Local Government Code and authorizing the City Manager or designee to execute a depository services contract for a period of 3 years to commence on January 1, 2016 and end on December 31, 2018 with an option to renew for two additional one-year periods. PURPOSE: To establish a full-service commercial depository to provide depository services for the City's funds. BACKGROUND AND FINDINGS: The City has a continuous need for a full-service commercial depository to provide depository services for the City's funds. The City is currently under agreement for depository services with Frost Bank (Frost). The initial four-year term of that agreement commenced on January 1, 2010 and continued through December 31, 2014. The sole optional one-year extension period was exercised which extended the agreement through December 31, 2015, at which time the current agreement expires. In October 2015, a Request for Applications (RFA) for depository services was issued by the City of Corpus Christi. The City Treasurer notified six (6) local banks of the RFA. Additionally, issuance of the RFA was advertised in the Corpus Christi Caller -Times on October 24th and October 31st as required by the Texas Local Government Code and was posted to the City's website. Sealed applications were due on November 16, 2015, and two were received: one from Frost Bank and one from Wells Fargo Bank, N.A. The applications were evaluated to ascertain the most advantageous and best value to the City by an evaluation team consisting of the City Treasurer, Director of Financial Services, Assistant Director of Financial Services, and the Buyer from Purchasing. The criteria used in the evaluation were as follows: Technical Solution - 20% Applicant's Profile and Qualifications — 15% Local Presence — 10% Fee Schedule — 50% Exceptions — 5% Important factors also considered during the evaluation process included lockbox services; functionality of the system; service level; cost of services; and references. Based on the evaluation, Frost Bank is the evaluation team's recommendation due to their high level of technological services, lockbox processing efficiencies, and their excellent service provided to the City of Corpus Christi for the past 18 years. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This depository services agreement conforms to the City's purchasing policies and procedures and State statutes regulating procurement. Chapter 105 of the Texas Local Government Code requires the governing body of a municipality to authorize a depository services agreement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Department City Attorney's Office 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 $0.00 $0.00 $0.00 This item $143,199.00 $429,597.00 $572,796.00 ($143,199.00)* ($429,597.00)* ($572,796.00)* BALANCE $0.00 $0.00 $0.00 Fund(s): General Fund Comments: The estimated monthly fees under the recommended three-year agreement are $15,911.00. The agreement will commence on January 1, 2016. Thus, for the remainder of FY 2015-2016, Frost will assess fees for only nine months (January thru September of 2016). Therefore, estimated fees by fiscal year are as follows: FY2015-2016 (9 mos.) $143,199.00 FY2016-2017 (12 mos.) 190,932.00 FY2017-2018 (12 mos.) 190,932.00 FY2018-2019 (3 mos.) 47,733.00 Total $572,796.00 (*)The City maintains a balance with the Bank and receives an earnings allowance. This earnings allowance is used to offset the monthly bank service fees. Therefore, no payment is due if the monthly bank service fees are less than the earnings allowance. RECOMMENDATION: Staff recommends approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Scoring Matrix Attachment A - Depository Service Agreement and attachments ORDINANCE TO ACCEPT STAFF RECOMMENDATION TO DESIGNATE FROST BANK AS THE DEPOSITORY FOR MUNICIPAL FUNDS IN ACCORDANCE WITH SECTION 105.016 OF THE TEXAS LOCAL GOVERNMENT CODE AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A DEPOSITORY SERVICES CONTRACT FOR A PERIOD OF 3 YEARS TO COMMENCE ON JANUARY 1, 2016 AND END ON DECEMBER 31, 2018 WITH AN OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS Whereas, the City of Corpus Christi through the City Treasurer issued a Request for Applications for depository services; Whereas, two banks submitted responses which were received and reviewed by City staff; Whereas, the City Council has been presented the specifications of each application in accordance with Section 105.011 of the Texas Local Government Code responses, along with staff recommendation for consideration; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That Frost Bank is designated as the municipal depository for municipal funds. Section 2. That the City Manager or his designee is authorized to execute a depository services contract with Frost Bank to provide depository banking services, lockbox services and related financial services to the City of Corpus Christi, for a period of 3 years, commencing on January 1, 2016 and ending on December 31, 2018, with an option to renew for two additional one-year periods. A copy of the depository services agreement is attached in substantially final form as Attachment A. Attest: City of Corpus Christi Rebecca Huerta, City Secretary Nelda Martinez, Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 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 Depository Banking Services Agreement Council Presentation December 08, 2015 Scoring Matrix Evaluation Criteria Weighted Frost Bank Maximum Points awarded points Wells Fargo Bank N.A awarded points Technical Solution 20 19 16 Applicant's Profile & Qualifications 15 14 12 Local Presence 10 10 9 Fee Schedule 50 50 49 Exceptions 5 5 5 Total Points 100 98 91 Total Three Year Cost $572,796 $585.377 2 CITY OF CORPUS CHRISTI DEPOSITORY SERVICES AGREEMENT Whereas, the City of Corpus Christi ("City") requested and received applications for the provision of depository services for City funds from depositories doing business within the city limits of Corpus Christi, Texas; Whereas, the City Council considered and reviewed the specifications of each application received and determined which application was the most advantageous for the City; Whereas, on the City Council in Motion designated ("Depository") to be the depository for City funds and authorized the City Manager to execute this depository services agreement ("Agreement") with Depository; NOW THEREFORE, in consideration of the mutual benefits to be derived from this Agreement, including representations, warranties, and covenants, the City and Depository agree as follows: ARTICLE 1 Definitions For purposes of implementing this Agreement, the terms listed below will have the following meanings: "Authorized City Representative": the City Manager or other persons designated to perform duties in accordance with this Agreement. The present Authorized City Representatives are specified in Exhibit A. "Account Transfers": written, electronic (wire/ACH), telephonic, facsimile or oral requests or orders issued by an Authorized City Representative for the transfer of City funds on deposit from City accounts maintained at the Depository for credit to accounts designated by the Authorized City Representative. "Deposits": include demand and time deposits. The City may withdraw demand deposits on demand. Time deposits are subject to a contract under which the City may not withdraw funds by check or other means until the expiration of a certain period following written notice. "City Funds": all accounts held by the Depository for the City. "Total City Balance": the sum of all ledger balances of all City accounts held by Depository. "Depository Services": all services required according to this Agreement "Other Financial Services": all services necessary in the administration, collection, investment, and transfer of city funds. ARTICLE 2 Provision of Depository Services 2.01 Depository Services and Fees. The Depository hereby agrees to provide depository and other services described in this Agreement for the City funds deposited at the Depository. The City agrees to pay a net monthly service fee to Depository, which will be calculated as described herein. 2.02 Guaranteed Service Fees. All service fees listed in Applicant's response to Section 3.6, Fees, of the Request for Applications, are guaranteed for the entire term and any option year of the Agreement. The service fees will be used in calculating the net monthly service fee. 2.03 Calculation of Net Monthly Service Fee. A written invoice evidencing the services performed for the City by the Depository must be mailed to the City at the end of each month for each account. This invoice must also contain a section summarizing the services provided and the fees for services for all accounts. The City will have five working days to confirm the services performed. After the City has confirmed the services performed by the Depository, the City agrees to pay a monthly net service fee for the services provided by Depository. The monthly net service fee is to be calculated as follows: The Depository will calculate total earnings credit for all City account balances grouped together and not for single account balances. The Depository will calculate the total monthly service fees for all accounts. If the total service fees are greater than the total earnings credits, then the difference between the two will be the net depository service fee for the month. 2.04 Payment of Net Monthly Service Fee. The Depository will not debit a City depository account for the net monthly service fee until the Depository and the City agree that the net monthly depository service fee is correct. The net monthly service fee will be allocated among accounts as designated by an Authorized City Representative. 2.05 Representations of Depository. The Depository shall: (a) keep the City funds covered by this Agreement; (b) faithfully perform all duties and obligations imposed on the Depository by law and under this Agreement; (c) pay on presentation all checks drawn and properly payable on a demand deposit account with the Depository; (d) pay all transfers properly payable as directed by an Authorized City Representative; (e) provide and maintain security at the level required by the provisions of Chapter 2257, Government Code and this Agreement; and (f) account for the City funds as required by law. 2.06 Electronic Cash Management Services. The Depository must provide electronic cash management services. Using Internet access, the City through an Authorized City Representative must be able to access and transmit a variety of balance and transaction information as required in this Depository Services Agreement. Any necessary software to perform these services, including but not limited to, stop payments, wire transfers, account balance and transaction information, positive pay, lockbox, and transmission of Automated Clearing House ("ACH") debit or credit transactions, shall be made available by the Depository, at no charge to the City. 2.07 Deposits. The Depository shall accept all deposits made by the City during the term of the Depository Services Agreement. The Depository shall accept City deposits for ledger credit until 3:00 p.m. Central Time (CT) each business day. The City reserves the right to exclude deposits made on behalf of the Corpus Christi Fire Fighters' Retirement System and any other special funds which are controlled by entities separate and apart from the City. 2.08 Items Deposited. All payments made directly to the City by customers will be sent to the bank un - encoded. 2.09 Automated Information Reporting. Using Internet access, the City must be able to access, for each City account, the previous day's ending ledger balance, collected balance, float, and debit/credit detail by 8:00 a.m. CT daily. By this same deadline, this information shall be combined to reflect totals for all City accounts taken together. 2.10 Items Processing Service. The Depository shall provide the following processing services for all items of checks and cash deposited by the City, including, but no limited to: encoding services, credit and debit advices given to the City within three business days of the debit or credit, clearing returned items, and return of stamped duplicate deposit slips to the City within one business day of deposit. The City intends to deposit all revenues directly to the Depository by courier. The deposits will be made in batches with a tape to be provided for each batch. If the Depository Item Processing Department discovers an error in the deposit, then the Depository shall prepare a credit or debit advice and mail it to the City immediately after the account has been adjusted. The Depository shall also mail the appropriate documentation attached to the debit or credit advice to justify the correction. Appropriate documentation is considered to be a copy of the City's tape with the item in question marked and a copy of the check in question. 2.11 Check Sorting Requirements. Accounts that have more than 400 checks shall be fine -sorted in numerical order by the Depository. 2.12 Insufficient Funds (NSF)/Returned Items. A complete description shall be provided on all NSF/returned items deposited into City accounts. The description shall include the Payor's name, applicable City department, and reason for return. All NSF/returned items shall be charged back to the account to which the items were deposited provided that the City department is identified by endorsement stamp or other readily identifiable means on the item. The Depository will send the NSF/returned items to the City department or other business designated by an Authorized City Representative. 2.13 Stop payments. Stop payments shall remain in effect for at least six (6) months. By using Internet access, the City through an Authorized City Representative shall be able to initiate stop payments. Placement of stop payments through the Internet does not require follow-up written authorization. 2.14 Automatic payroll deposit services. Using Internet access, the City through an Authorized City Representative will electronically transmit City employee payroll data to the Depository. The Depository will receive the data and prepare an Automated Clearing House ("ACH") debit. The Depository payroll account will be debited no sooner than the date of payroll. Exhibit A contains the 2016 Payroll Calendar. Procedures for processing the ACH debit are set out herein. 2.15 General Wire Transfer Services. Using Internet access, the City shall be able to initiate general wire transfer services including initiation of repetitive and non -repetitive wire transfers. The Depository shall act upon all electronic, written or verbal transfer requests within one hour from the time received from an Authorized City Representative, and use any means for the transmission of the funds the Depository may consider suitable up until 3:30 p.m. CT. The Depository shall record all telephonic instructions from the City received by the Depository's wire transfer department and retain the recordings for sixty-one (61) days (the period for City notification of discrepancies) following such requests. In the event there is a loss of interest or use of funds as result of a Depository error for failure to execute a transfer request on the date received, or such other error within the Depository's control, compensation for loss shall be corrected by adjusting the aggregate ledger and collected balances of the City accounts to reflect properly the average balances of the amounts that would have resulted had no error occurred. 2.16 Account Reconciliation Services. All depository statements and paid items shall be on a monthly cycle and shall be cutoff on the last calendar day of the month. The City will pick up all Depository statements via electronic format (such as a compact disk CD) no later than the fifth working day following the assigned cut-off date. The Depository may not mail the CD unless an Authorized City Representative approves such mailing. If a statement for a City depository account is not cut off as specified in this Agreement, the Depository shall reimburse the City for the costs incurred to reconcile the statement, including City employee overtime costs. The Depository will provide the City access to cleared checks via the Internet. 2.17 Depository Reconcilements. Automated depository reconcilements with Internet access are required for the Vouchers Payable and Payroll accounts and other accounts as required by an Authorized City Representative as transaction volume increases. By using the Internet, the City will electronically transmit reconcilement data to the Depository. Reconcilements shall be available for pick up by the City by the ninth working day following the date the data was transmitted to the Depository. "Add/delete" adjustment forms will be provided by the Depository. The Depository will transmit reconcilement information to the administrators of the City's health care and worker's compensation accounts and others as designated by the City. 2.18 Checking with Interest Accounts. If designated by an Authorized City Representative, a demand deposit account will be set up as interest bearing and interest will be paid monthly. Interest rates will be those set for public fund interest bearing accounts. 2.19 Controlled Disbursement Service. Specific accounts as designated by an Authorized City Representative will be controlled disbursement accounts. By 11:15 a.m. CT each day, the City shall be able to access same day information concerning controlled disbursement clearings using the internet. 2.20 Zero -Balance Accounts . Specific accounts as designated by an Authorized City Representative will be zero -balance checking accounts for ease in reconciling and record keeping. 2.21 Check Cashing. Depository shall pay on presentation all checks drawn and properly payable on a City demand deposit account at no charge to the payee or to the City. 2.22 Deposit Locations. The City will have the option to make Deposits at the Depository's main Corpus Christi office or at any of Depository's Corpus Christi branches. A deposit ticket will be presented to the Depository with each deposit. The Depository will route specified deposit ticket copies to the City on a daily basis. 2.23 Night Depository. The City will utilize the night depository facilities of the Depository for safekeeping purposes. The City will use special tamper -evident deposit bags in making deposits through the night depository facility. Each bag placed in the night depository facility will contain only currency, coin, and checks. If it appears that a bag has been tampered with, the Depository shall telephone an Authorized City Representative. 2.24 Overdrafts. The City does not intend to have an overdraft position on any of its depository accounts throughout the course of the depository services contract. If a check or checks are presented for payment on any City account where there exist insufficient funds available for payment, the Depository agrees to pay said checks and promptly notify the Finance Director or Authorized City Representative of the existence of the overdraft situation. The City agrees to cover the overdraft within one business day. The Depository will view all City accounts together for purposes of any charges on overdrawn collected balances. 2.25 Authority of Authorized City Representative. An Authorized City Representative may request depository services as required to implement this Agreement. An Authorized City Representative may open a depository account. The Depository shall not require corporate resolutions or other documents to establish depository accounts at the request of an Authorized City Representative. 2.26 Investment Services. The City reserves the right to exclude from the terms of this Agreement, investment in certificates of deposits, government securities, fully collateralized repurchase agreements or similar instruments authorized by law. 2.27 Account Executive Service. The Depository agrees to assign one of its officers employed by the Depository in Corpus Christi, Texas to coordinate the depository relationship established under this Agreement. The assigned officer is responsible for responding to questions from an Authorized City Representative. The assigned officer shall perform necessary research to promptly respond to questions or concerns of the City regarding its accounts. The assigned officer of the Depository shall meet with the City at least once a month to evaluate the working relationship between the City and the Depository and to address any problems. 2.28 Reports. The Depository will provide quarterly reports of income/condition (required by the FDIC) by the 15th day following the reporting deadline for each calendar quarter. 2.29 Direct Debit of Utility Customers. The City shall electronically transmit data to the Depository regarding those City Utility, Marina and Misc. Accounts Receivable customers who have previously authorized the City to directly debit their demand deposit accounts for their City bills. Upon request by the City, the Depository shall provide this pre -authorized direct debit service. The Depository will receive the data and prepare an ACH debit in accordance with the operating rules of the South Western Automated Clearing House Association and the operating rules of the National Automated Clearing House Association and as provided herein. ARTICLE 3 Security for Deposits 3.01 Background. As security for the deposits of the City, the Depository shall pledge to the City securities equal to the largest total ledger balances the City maintains in the Depository, less the amount of coverage provided by the Federal Deposit Insurance Corporation. All funds deposited under the Depository Services Agreement shall be continuously secured in accordance with applicable federal laws and regulations as well as the laws of the State of Texas, including, but not limited to: the Public Funds Collateral Act, Vernon's Texas Government Code Section 2257.001 et. seq. and Subchapter C Security for Funds Held by Depository of Vernon's Texas Local Government Code. 3.02 Qualification as Depository. The Depository shall, no later than five days before the commencement of the term of this Depository Services Agreement, pledge security for the funds to be deposited by the City at the Depository as provided by Subchapter C, Security for Funds Held by Depository of Chapter 105, Depositories for Municipal Funds of the Texas Local Government Code, Chapter 2257, Public Funds Collateral Act, Government Code, and this Depository Services Agreement. 3.03 Collateral Provision of Financial Institution Reform, Recovery and Enforcement Act (FIRREA). The Depository shall provide certification that the Depository has complied with all requirements of the Financial Institution Reform, Recovery and Enforcement Act (FIRREA) and FDIC policies which may apply to the City's security interests in the pledged collateral and shall specify the officers of the Depository who are authorized to sign agreements with the City. Prior to the initial pledge of securities under the Depository Services Agreement, the Depository shall: (a) execute a Security Agreement - Pledge and ancillary agreements necessary to effect the pledge of securities to collateralize all of the City's deposits in such form as is acceptable to the City; (b) deliver to the City a certified copy of excerpts from the minutes of a meeting of the Loan Committee and/or Board of Directors of the Depository, properly authorizing the Depository to enter into a Security Agreement -Pledge, and to pledge assets of the Depository to secure all deposits made by the City with the Depository; and (c) deliver to the City certification that the Depository Agreement, the Security Agreement -Pledge, and the authorization of the Board of Directors and the Loan Committee of the Depository have been placed (and will continuously be maintained) in the official records of the Depository. 3.04 Permissible Security. Only the following types of securities are acceptable to the City to secure City deposits: (1) a treasury note of the United States or other evidence of indebtedness of the United States that is guaranteed as to principal and interest by the United States. (2) an obligation of an agency of the United States, provided that: (i) the market value can be readily established and (ii) the obligation has been approved by an Authorized City Representative. 3.05 Custodian of Pledged Securities. The securities pledged by the Depository as collateral for City deposits shall be deposited with a Texas branch of the Federal Reserve Bank, ("the Custodian"), in escrow in a safekeeping account held in the name of the City, ("the Custodian Account"). The Custodian Account shall require the authorization of both the Depository and an Authorized City Representative to release pledged collateral. The Custodian, upon receipt of pledged securities, shall promptly issue and deliver to the Authorized City Representative trust receipts for the securities pledged. The securities shall be held by the Custodian. The Custodian may not transfer or deposit the securities in another institution without the prior written authorization of an Authorized City Representative. 3.06 Amount of Collateral. Securities pledged by the Depository to secure City funds on deposit identified with federal taxpayer identification number 74-6000574 shall have a market value of at least thirty million dollars ($30,000,000) or as designated in writing by an Authorized City Representative. During the City's tax season, which occurs from October through March, the Depository shall provide additional collateral in accordance with this Agreement. Securities pledged by the Depository to secure City funds identified with federal taxpayer identification number 74-2442464 shall have a market value of at least four million dollars ($4,000,000) or as designated in writing by an Authorized City Representative. 3.07 Determination of Market Value. The market value of a security is to be determined by an Authorized City Representative from a third party source (i.e. Primary dealer, Wall Street Journal) and is binding on the Depository. 108 Charges for Collateral. Charges for the collateral provided by the Depository are provided in the Applicant's response to Section 3.6, Fees, B. of the Request for Applications. 3.09 Federally Insured Deposits. The Depository is not required to provide security for the deposit of City funds to the extent deposits are insured under 12 U.S.C.A., Sections 1811-1835a. 3.10 Additional Security. An Authorized City Representative may, by written order, require the Depository to pledge additional collateral at any time it is determined to be advisable. Additionally, if, for any reason, the total City balance on deposit with the Depository exceeds the market value of pledged security, the Depository shall immediately pledge additional securities to the City. Any additional security pledged shall meet the requirements of this Depository Services Agreement and shall be approved by an Authorized City Representative. Failure to pledge additional securities on the day the Depository is provided notice constitutes grounds for City Council to select a new depository as required by law and terminate the Depository Services Agreement. Prior to the pledge of additional securities under the Depository Services Agreement, the Depository shall: (a) execute a Security Agreement -Pledge and ancillary agreements necessary to effect the pledge of additional securities to collateralize all of the City's deposits in such form as is acceptable to the City; (b) deliver to the City a certified copy of excerpts from the minutes of a meeting of the Loan Committee and/or Board of Directors of the Depository, properly authorizing the Depository to enter into a Security Agreement -Pledge, and to pledge assets of the Depository to secure all deposits made by the City with the Depository; and (c) deliver to the City certification that the Depository Agreement, the Security Agreement -Pledge, and the authorization of the Board of Directors and the Loan Committee of the Depository have been placed (and will continuously be maintained) in the official records of the Depository. 3.11 Substitution of Securities. The Depository may substitute one security for another provided that the security meets the requirements of this Depository Services Agreement; the substitution is approved, in writing, by an Authorized City Representative and the Depository. Prior to such substitution of securities, the Depository shall: (a) execute a Security Agreement- Pledge and ancillary agreements necessary to effect the pledge of securities to collateralize all of the City's deposits in such form as is acceptable to the City; (b) deliver to the City a certified copy of excerpts from the minutes of a meeting of the Loan Committee and/or Board of Directors of the Depository, properly authorizing the Depository to enter into a Security Agreement - Pledge, and to pledge assets of the Depository to secure all deposits made by the City with the Depository; and (c) deliver to the City certification that the Depository Agreement, the Security Agreement -Pledge, and the authorization of the Board of Directors and the Loan Committee of the Depository have been placed (and will continuously be maintained) in the official records of the Depository. 3.12 Release of Security. If the securities pledged by the Depository exceed the amount required under this Depository Services Agreement, an Authorized City Representative may authorize the release of the excess. Such release shall be approved in writing by an Authorized City Representative. 3.13 Records and Audit. The Depository shall maintain separate, accurate, and complete records relating to the deposit of public funds, the pledged investment securities, and all transactions relating to the pledged investment securities. The Custodian shall maintain separate, accurate, and complete records regarding the pledged investment securities. All such records shall be subject to any internal or external audit or regulatory examination of the Depository or Custodian. 3.14 Documentation to Be Provided to City. The Depository and Custodian shall provide documentation relating to the description of securities pledged as collateral, substitution of pledged securities, pledge of additional securities, and withdrawal of excess securities to the Authorized City Representative. A certificate as to the then -market value of securities pledged as security hereunder shall be provided to the Authorized City Representative at least monthly. 3.15 Surrender of Interest on Securities. Upon the request of the Depository, the City shall surrender, when due, interest coupons or other evidence of interest on securities if the remaining value of the securities pledged are adequate to meet the requirements of this Agreement. ARTICLE 4 Account Transfers 4.01 Electronic, Telephonic, Telegraphic or Oral Requests for Account Transfers. The Depository is authorized to honor, execute and charge City accounts for electronic, telephonic or oral requests: (a) for the transfer of funds from designated City accounts to any other City depository account, whether the account is with the Depository or another financial institution; or (b) for the transfer of funds from designated City accounts to the account of or the credit of a third party, whether the third party account is with the Depository or another financial institution. All requests shall be properly identified as being made by an Authorized City Representative in compliance with the Depository's transfer procedures. 4.02 Internal Transfers. An Authorized City Representative will periodically need to transfer funds from one City account to other City accounts. 4.03 Instructions for Transfer. The Depository shall act upon all electronic, written or verbal transfer requests within one hour from the time received from an Authorized City Representative, and use any means for the transmission of the funds the Depository may consider suitable up until 2:30 p.m. CT. 4.04 Immediate Credit. The Depository shall give both ledger and collected credit the day of the wire receipt, regardless of the time the Depository receives the transfer through the Fed wire System. Credit to City accounts for incoming wire transfers shall be immediate. 4.05 Daylight Overdraft Policy. The City actively invests in marketable securities. An outgoing wire transfer will be made in the morning for the reinvestment of funds expected by an incoming wire transfer. The Depository shall allow the City to reinvest and to wire funds out in anticipation of an incoming wire transfer later in the day. The Depository will not charge the City for daylight overdrafts. When a daylight overdraft is anticipated, an Authorized City Representative will notify the designated depository official of the situation. 4.06 Notification of Funds Transfers. Notification to the City of incoming wire transfers or problems with outgoing wire transfers shall be made within one hour of the transaction. The City allows two authorized employees to initiate repetitive transfers. All authorized employees will be issued a personal identification number in order to initiate wire transactions. If the wire transfer is initiated over the telephone, the Depository shall telephone the City and specifically request to speak to an Authorized City Representative other than the person initiating the wire to verify that the wire is authorized prior to releasing the wire. 4.07 Records. The Depository shall record all telephonic instructions from the City received by the Depository's wire transfer department and retain the recordings for sixty-one (61) days (the period for City notification of discrepancies) following such requests. The City agrees to report any discrepancies between the City's records and the Depository statement to the Depository's wire transfer department in writing within sixty-one (61) days after the statement date. 4.08 Discrepancies/Loss of Interest/Error. In the event there is a loss of interest or use of funds as result of a Depository error for failure to execute a transfer request on the date received, or such other error within the Depository's control, the Depository agrees that compensation for loss shall be corrected by adjusting the aggregate ledger and collected balances of the City accounts to reflect properly the average balances of the amounts that would have resulted had no error occurred. 4.09 Designated Accounts. Account Transfers may be made from the other accounts as designated by an Authorized City Representative. ARTICLE 5 Other Financial Services 5.01 Bailor/Bailee Relationship. Until deposits are credited to the City as evidenced by validation of duplicate deposit slips, the relationship between the City and the Depository as to all contents shall be that of Bailor and Bailee. The Depository shall be responsible and liable to the City for use of that degree of care required under the laws of Texas for Bailees having custody of property of other persons. 5.02 Custody, Safekeeping of Governmental Agency Securities. The Depository agrees to handle all purchases and sales of securities on a delivery versus payment or payment versus delivery basis (i.e. for securities purchases, monies will not be released by the City's safekeeping bank until securities are received at the Federal Reserve Bank or further credit to the City's safekeeping bank. In the case of securities sales, monies will be received by the City's safekeeping bank via the Federal Reserve Bank as the securities are simultaneously released to the purchaser). In this manner, the City will always have possession of either the securities or its monies on a delivery versus payment basis. The cost of safekeeping securities, processing purchase/sale transactions, and coupon interest payments are listed in the Applicant's response to Section 3.6, Fees, A., MONTHLYPRICING SUMMARY FORM. The City will send written instructions to the securities clearance department for each transaction. Most of these instructions will be sent by facsimile to assure the timeliness of the operation. It is specifically provided that when a City security matures, or when a City security is purchased, funds will be transferred from or to the Combined Operating account, the Bond Funds account, or another account as directed by an Authorized City Representative. The Depository shall give prompt notification to the City of any settlement problems, including securities delivered where the instructions do not match or where instructions have not been given to the Depository. All securities shall be perfected in the name of the City. All book entry securities owned by the City shall be evidenced by a safekeeping receipt issued to the City. The original safekeeping receipt for each transaction will be forwarded to the City. ARTICLE 6 General Provisions 6.01 Automated Clearing House ("ACH") Membership. The Depository shall be a participating depository in the Southwestern Automated Clearing House Association to be able to deliver debit and credit payments for the following transactions: City employee Payroll Account, Vouchers Payable Account, and pre - authorized City Utility, Marina and Misc. Accounts Receivable customer debits. An Authorized City Representative shall establish use of additional ACH transactions in writing. The Depository warrants that it is a participating financial institution in the Southwestern Automated Clearing House Association ("SWACHA"), which provides facilities for the exchange of electronic funds transfers among its members, and other automated clearing house associations within the United States by utilizing the capacities of the National Automated Clearing House Association ("NACHA"). The Depository acknowledges that it shall comply with the rules, as may be amended, for the notification, posting, or transfer of funds by means of electronic credit transfer facilities. The Depository is required to comply with the procedures of the SWACHA and NACHA including, but not limited to, matters such as input format, data acceptance criteria, return item handling, adjusting entries, and dishonored entries. 6.02 Charging of Fees. The Depository is authorized to charge City accounts upon direct authorization by an Authorized City Representative for: (a) charge backs on correction of mathematical errors, and (b) bank service fees owed to Depository, including Deficient Balances Before Services. Deficient Balances Before Services will be reviewed by the City's Treasurer on a quarterly basis for fee assessment. The Depository or the City will not change the schedule of fees as listed in Applicant's response to Section 3.6, Fees, of the Request for Applications during the initial term of this Agreement or during any option year. 6.03 Confidentiality, Audits and Inspections. All information assembled by the Depository under this Agreement is to be kept confidential and not be made available to any individual or organization without the prior written approval of the City. At reasonable times during regular business hours, the Depository will make available for examination by the City, its duly authorized agent, accountant, or legal representative, pertinent copies of statements and debit and credit items supporting such statements, relating to the City's accounts. 6.04 Recalls, Debit Adjustments and Other Adjustments. The Depository is required to process recall or adjustment requests upon verbal authorization by an Authorized City Representative followed by written confirmation by the City, if possible, no later than four (4) working days after the request. 6.05 Compliance with Law. The Depository represents to have the expertise and personnel required and necessary to perform the services under this Agreement. The Depository acknowledges that it is fully qualified, authorized, and willing to comply under federal, state and local law to perform the services described in this Agreement. 6.06 Indemnification. The Depository fully indemnifies, saves, and holds harmless the City of Corpus Christi, its officers, employees, and agents against any and all liability, damage, account of personal injuries (including, without limitation on workers' compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with: (a) the Depository's failure to fulfill any of the terms and conditions of this Agreement; (b) any violation by Depository of any applicable federal or state law, rules, or regulation resulting from any act or omission of the Depository or its agents and employees which caused a direct loss to the City under this Agreement. The Depository must, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend all actions, pay all charges of attorneys or other expenses of any kind arising from liability, damage, loss, claims, demands, and actions. This indemnification will not be construed to require indemnification of such injury, loss or damage which may be caused or arise from the negligence of the City, its officers, employees, and agents. 6.07 Term. This Agreement shall commence on the date following the date signed by the last signatory hereto and shall continue for a period of three years, or until a successor Depository is appointed and qualified. The City may, by 90 day written notice to Depository, terminate this Agreement during the remainder of the initial term and any option terms. Upon completion of the initial term, either party may elect to terminate any option term with 90 days prior written notice. Unless terminated, this Agreement will automatically renew for two additional one-year terms. Depository guarantees all service fees for the initial term of the Agreement and any option year. Upon termination or expiration of this Agreement, all finished or unfinished documents, data, studies, or reports prepared by the Depository, at the option of the City, will be delivered to the City and become the property of the City. 6.08 Duties After Termination. All obligations of the parties made or incurred or existing under this Agreement as of the date of termination, with respect to transactions initiated prior to the effective date of termination, will survive such termination, including, but not limited to: Depository's obligation to retain duplicates of transaction receipts and credit slips and any continuing obligation of the Depository with respect to charge backs. Upon termination of this Depository Services Agreement, all finished or unfinished documents, data, studies, or reports prepared by the Depository, at the option of the City, will be delivered to the City and become the property of the City. 6.09 No Endorsement. The Depository is not authorized to advertise or publish the fact that the City has entered into this Agreement without the City's prior written consent. 6.10 Notices. Notices provided herein will be in writing and delivered to: On behalf of the City: City of Corpus Christi Judy Villalon, City Treasurer P.O. Box 9277 Corpus Christi, TX 78469-9277 On behalf of the Depository: 6.11 Assignment. Any party may not assign this Agreement without the prior written consent of the other party. 6.12 Force Majeure. Neither party will be responsible for losses resulting if the fulfillment of any terms or provisions of this control of the party whose performance is interfered with, and which, by the exercise of reasonable diligence, said party is unable to prevent. 6.13 Conflicts of Interest. The Depository agrees to maintain current, updated disclosure of information on file with the Director of Finance throughout the term of this Agreement as may be required by the City Code of Ordinances or the City Charter. 6.14 Equal Employment Opportunity. The Depository agrees that during the performance of this Agreement, it will: (a) treat all applicants and employees without discrimination as to race, color, religion, sex, national origin, marital status, age, or handicap, and (b) identify itself as an "Equal Opportunity Employer" in employment advertising or requests. The Depository will be advised of any complaints filed with the City alleging that the Depository is not an Equal Opportunity Employer. The City reserves the right to consider its reports from the Human Relations Administrator in response to such complaints. 6.15 Entire Agreement. This Agreement and all amendments hereto, as may be updated, constitute the entire agreement between the parties and will supersede all previous negotiations, commitments, and contracts. 6.16 Governing Law and Venue. To the extent this Agreement is not governed by applicable federal laws and regulations, this Agreement will be governed by and construed in accordance with laws of the State of Texas. Any suit brought in connection with this Agreement shall be tried in Nueces County, Texas. 6.17 Notification of Changes in Depository Laws. The Depository shall notify the City in writing within ten (10) days of any changes in federal or state regulations or laws that would thereafter affect the Depository Services Contract. The Depository shall also notify the City of any services, which become available to the City throughout the contract period. 6.18 Monthly Reports. The Depository shall provide to the City each quarterly CALL report (Schedule RC only) as well as any public information concerning changes in the ownership, management or financial position of the Depository or its parent company. 6.19 Corporate Resolutions Not Required. The Depository shall not require corporate resolutions when an Authorized City Representative opens an account. 6.20 Precedence of Contract Documents. In case of a conflict in the contract documents, first precedence shall be given to the fully executed contract, as amended; second precedence shall be given to the REQUEST FOR APPLICATION, including addenda and third precedence shall be given to the application, as clarified. 6.21 Terms During Extension Year. During any extended term of the agreement, all terms, conditions and pricing shall remain the same as those in the agreement applicable to the primary term. AGREED TO BY: CITY OF CORPUS CHRISTI DEPOSITORY BY: BY: NAME: NAME: TITLE: TITLE: DATE: DATE: Incorporated by Reference: Exhibit A Authorization for Depository Accounts Exhibit B 2016 Payroll Calendar Exhibit C Request for Applications Event No.: 87 Exhibit D Applicant's/Depository's Response to Request for Applications Event No.: 87 (Upon Request) EXHIBIT A Attached to and made a part of the City of Corpus Christi Depository Services Agreement AUTHORIZATION FOR DEPOSITORY ACCOUNTS As the duly authorized City Manager of the City of Corpus Christi, I designate the officials listed below as the Authorized City Representatives of the City of Corpus Christi. The signatures below are the signatures of the Authorized City Representatives vested with full authority to sign and transact business for the City including, but not limited to, Account Transfers, open and close accounts, request reports, or authorize other signatories to specific bank accounts. The signatures of the officials subscribed below are true and genuine: Judy Villalon City Treasurer Alma Iris Casas Assistant Director of Financial Services Constance P. Sanchez Director of Financial Services Controller This Authorization for Depository Accounts is entered into in addition to and will not amend, modify, waive, or revoke any of the terms of the City of Corpus Christi Depository Agreement except as expressly provided herein. This authorization is entered into to facilitate the electronic transfer of funds or administration of the services to be provided pursuant to the City of Corpus Christi Depository Agreement. It is not intended to empower Authorized City Representatives to approve or accept amendments, waivers, or new provisions or terms to the Depository Agreement on behalf of the City of Corpus Christi. Authorized City Representatives remain authorized until the Depository receives written notification revoking authorization. THIS AUTHORIZATION FOR DEPOSITORY ACCOUNTS is effective this th day of , 2015 and revokes all previous authorizations. ATTEST: By CITY OF CORPUS CHRISTI By EXHIBIT B 2016 PAYROLL CALENDAR PAY DATE 01/15/16 01/29/16 02/12/16 02/26/16 03/11/16 03/25/15 04/08/16 04/22/16 05/06/16 05/20/16 06/03/16 06/17/16 07/01/16 07/15/16 07/29/15 08/12/16 08/26/16 09/09/16 09/23/16 10/07/16 10/21/16 11/04/16 11/18/16 12/02/16 12/16/16 12/30/16 EXHIBIT C CITY OF CORPUS CHRISTI PURCHASING DIVISION REQUEST FOR APPLICATIONS ("RFA") for DEPOSITORY SERVICES EVENT NO. 87 Release Date: October 24, 2015 Submission Due: November 16, 2015 Table of Contents Section 1.0 Notice of REQUEST FOR APPLICATIONS 1.1 Request for Applications 1.2 Submission of Application 1.3 Tentative Schedule Section 2.0 Conditions Governing the Procurement 2.1 Acceptance of General Requirements 2.2 RFA Notice Requirement 2.3 RFA Procedural and Content Questions 2.4 Basis for Application 2.5 Opening of Applications 2.6 Applicant Terms and Conditions 2.7 Disclosure of Application Contents 2.8 Late Applications 2.9 Signing of Applications 2.10 Cost of Application 2.11 Business Designation Form 2.12 Disclosure of Interest 2.13 Ownership of Applications 2.14 Disqualification or Rejection of Applications 2.15 Rejection of Applications 2.16 Right to Waive Irregularities 2.17 Withdrawal of Applications 2.18 Amending of Applications 2.19 Application Offer Firm 2.20 Applicant Qualifications 2.21 Exceptions to RFA Specifications 2.22 Consideration of Applications 2.23 Termination or Cancelation of RFA 2.24 Service Agreement 2.25 Precedence of Contract Documents 2.26 Governing Law 2.27 No Obligation 2.28 Contract Deviations 2.29 Sufficient Appropriation 2.30 Recommendation to City Council 2.31 Award of Contract 2.32 Execution of Contract 2.33 Disputes 2.34 Change in Consultant Representative 2.35 Term 2.36 Change Requests 2.37 Termination of Contract 2.38 Insurance Provisions 2.39 Right to Publish 2.40 Applicant's Ethical Behavior 2.41 Quantities Section 3.0 Scope of Work 3.1 General Information 3.2 Mandatory Services Requirements 3.3 Technical Solution 3.4 Applicant's Profile and Qualifications 3.5 Local Presence 3.6 Fee Schedule Section 4.0 Application Format and Organization 4.1 General Instructions 4.2 Application Format 4.3 Transmittal Letter 4.4 Service Agreement Section 5.0 Application Evaluation 5.1 Evaluation Committee 5.2 Evaluation Criteria Attachments EXCEPTIONS FORM SAMPLE SERVICE AGREEMENT (Contract) EXHIBIT A - AUTHORIZATION FOR DEPOSITORY ACCOUNTS EXHIBIT B — 2016 PAYROLL CALENDAR BUSINESS DESIGNATION FORM DISCLOSURE OF INTEREST Section 1.0 Notice of Request for Applications 1,1 Request for Applications A. The City of Corpus Christi "City" hereby issues this REQUEST FOR APPLICATIONS "RFA". The City is seeking applications from qualified Applicants to provide DEPOSITORY SERVICES. The City shall enter into a contract resulting herefrom for a period of three years with an option to extend for up to two additional one-year periods. B. The City of Corpus Christi is requesting submission of applications for Event No. 87, Depository Services RFA. The City Treasurer, Judy Villalon, is the designated officer to receive applications addressed and delivered as follows: Judy Villalon, City Treasurer, City of Corpus Christi, 1201 Leopard Street, 4th floor, Corpus Christi, Texas, 78401. Applications are due on or before 12:00 pm, Central Time, on November 16, 2015. The City Council will consider the selection of a depository at the City Council meeting on Tuesday, December 8, 2015 beginning at 11:30 am, at City Hall, 1201 Leopard Street, Corpus Christi, Texas 78401. C. The City hereby designates Judy Villalon the City Treasurer with overall responsibility for procurement of this service. Mrs. Villalon's information is as follows: Judy Villalon City Treasurer City of Corpus Christi 1201 Leopard Street, 4th Floor Corpus Christi, Texas 78401 All inquiries or requests regarding this RFA must be submitted to the City Treasurer indicated above, or her designee as specified in writing and online, via the City's Supplier Portal (http://www.cctexas.com/business/supplierportal) using the electronic question submission feature specific to this RFA. Such inquiries or requests must be submitted by the due date and time provided in Section 1.3 of this RFA. Other employees do not have the authority to respond for the City in writing and any attempt to question other employees regarding this RFA may result in the City disqualifying that Applicant. Only written responses from the City Treasurer or her designee will be binding with regard to inquiries requesting clarification or additional information. The City Treasurer's written responses will be released simultaneously to all prospective Applicants. D. A pre -application conference will be held at the date and time and in the location specified therefor in Section 1.3 of this RFA. 1. The purpose of the pre -application conference is to provide an opportunity for prospective Applicants to discuss, pose questions and obtain clarification from the City regarding this RFA. 2. The City shall provide written responses to all prospective Applicants in the form of written addenda, for any questions or request for clarification submitted at the pre -application 1.2 Submission of Application conference if information is necessary to Applicants in submitting applications or if the lack of such information would be prejudicial to un -informed Applicants. Oral explanations or instructions provided by the City before the award of the contract shall not be binding upon the City. A. APPLICANT SHALL SUBMIT ITS APPLICATION IN WRITING TO THE ADDRESS STATED IN SECTION 1.1.C. APPLICANT MAY, IF PREFERRED, SUBMIT ITS APPLICATION ELECTRONICALLY, AS INSTRUCTED HEREIN, VIA THE CITY'S SUPPLIER PORTAL. Applicant must select either a hard copy or an electronic submission but may not do both. All proposals must be complete and accurate and in the City -approved format specified herein. B. The City Treasurer will review and evaluate the written applications in response to this RFA. The City Treasurer may conduct additional interviews with selected Applicants for the purpose of further exploring and clarifying the Applicant's response. The City Treasurer will rank the Applicants based on the suggested evaluation criteria set forth in the Evaluation Model of this RFA and will present the specifications of each Applicant to the City Council for designation to provide City depository services. The City Council will select Applicant and will negotiate applicable terms and conditions with the selected Applicant. The City intends to award one contract to one Applicant. In the event contract negotiations are not successful with the Applicant initially selected, the City Council may end negotiations and select an alternate Applicant for possible award. The City reserves the right to not award a contract at all. Award will be made, based on the application most advantageous and providing the best value to the City. C. Applications will be evaluated to ascertain which Applicant's applications are most advantageous and provide the best value to the City. The City intends to utilize an Evaluation Model specifically designed for this analysis. The Evaluation and Selection process will be based on the following criteria: 1) Technical Solution, 2) Applicant's Profile and Qualifications, 3) Local Presence, 4) Fee Schedule and 5) Exceptions. The final weight assigned to each of these parameters will be determined by the Evaluation Committee. D. The City's Charter and the City's Electronic Procurement Policy require that all applications submitted be sealed, secret, unopened and time -locked through the DUE DATE FOR APPLICATIONS specified in this RFA. E. Applications will be received by hard copy or electronically, on or before the date and time specified in Section 1.3 of this RFA. Without exception, applications received after this deadline are late, shall be deemed non-responsive, and shall not be considered. F. Applicants shall comply with the additional detailed instructions regarding submission of applications found in Section 4.0 of this RFA. 1.3 Tentative Schedule The following is a tentative schedule of evaluation and selection activities: Date Activity October 24, 2015 Request for Applications Issued November 2, 2015 Pre -application Conference at: 3:30 p.m. — 5:00 p.m. Central Time (CT) 6`h Floor Conference Room City Hall 1201 Leopard St. Corpus Christi, Texas 78401 November 9, 2015 Submission of written questions due by 5:00 p.m. CT November 16, 2015 Applications due by 12:00 p.m. CT November 18, 2015 Proposed Date for Finalists' Presentations (if necessary) December 8, 2015 Tentative Date for Recommendation of Award to City Council December 15, 2015 Alternate Tentative Date for Recommendation of Award to City Council Section 2.0 Conditions Governing the Procurement 2.1 Acceptance of General Requirements The Applicant must specifically accept all project requirements contained in Section 2, Conditions Governing the Procurement, and Section 3, Scope of Work, in the transmittal letter as set forth in Section 4.3 of this RFA. 2.2 RFA Notice Requirement Notice of the REQUEST FOR APPLICATIONS shall be published in the Corpus Christi Caller Times once a week for two consecutive weeks. The date of the first publication will occur not later than (21) days prior to the application due date. 2.3 RFA Procedural & Content Questions A. Any Applicant requiring further clarification of the REQUEST FOR APPLICATIONS procedures contained herein should submit specific questions in writing to the City Treasurer as described in Section 1.1, C of this RFA. B. During a review of this RFA and preparation of the application, certain errors, omissions or ambiguities may be discovered. If so, or if there are doubts or concerns about the meaning of any part of this RFA, written questions should be submitted to the City Treasurer as described in Section 1.1, C of this RFA no later than the date and time prescribed for same as provided in Section 1.3 of this RFA. This should allow sufficient time for the City to answer the written questions and distribute the written responses so that all prospective Applicants will have the benefit of the revised information. 2.4 Basis for Application Only the information contained in this RFA, amendments hereto and information supplied by the City in writing through the City Treasurer identified herein should be used in the preparation of the Applicant's application. 2.5 Opening of Applications A formal opening of the applications shall not take place. 2.6 Application Terms and Conditions The Applicant must submit, with each copy of the application, a complete set of any additional terms and conditions proposed for inclusion in the sample Service Agreement (also referred to herein as "Contract") enclosed herein. 2.7 Disclosure of Application Contents Applications will be opened in a manner that avoids disclosure of the contents to competing Applicants and keeps the applications secret during negotiations. All applications are open for public inspection after the contract(s) are awarded; however, trade secrets and confidential information in the applications are not open for public inspection. It is specifically provided, however, that each Applicant must identify any information contained in its application which it asserts is either a trade secret or confidential information. Such material must be conspicuously identified by marking each page containing such information as "confidential" or "proprietary". If such material is not conspicuously identified, then by submitting its application, an Applicant agrees that such material shall be considered public information. 2.8 Late Applications Without exception, applications must be submitted on or before the DUE DATE AND TIME FOR APPLICATIONS. Applications received after the time and date specified in Section 1.3 are late and shall not be considered. 2.9 Signing of Applications By submitting and signing an application, the Applicant indicates its intention to adhere to the provisions described in this RFA. Applications signed for a partnership shall be signed in the Applicant's name by at least one partner or in the Applicant's name by an attorney-in-fact. If signed by an attorney-in-fact, there should be attached to the application, a Power -of -Attorney evidencing authority to sign applications, dated the same date as the application, and executed in accordance with the legal requirements of the Applicant. Applications signed for a corporation shall have the correct corporate name thereon and shall bear the president's or vice-president's original signature with the name and title written below the corporate name Any other signature must be accompanied by a resolution of the Board of Directors authorizing such signature to contract in the corporation's name The title of the office held by the person signing for the corporation shall appear below the signature of the officer. 2.10 Cost of Application This RFA does not commit the City to pay any costs incurred by an Applicant for preparation and/or submission of an application or for procuring or contracting for the items to be furnished under this RFA. All costs directly or indirectly related to preparing and responding to this RFA, including all costs incurred for supplementary documentation, shall be borne solely by the Applicant. 2.11 Business Designation Form The City of Corpus Christi requires all persons or Applicants seeking to do business with the City to provide the Business Designation Form on the City -supplied form included herewith. Every question must be answered. If the question is not applicable, answer with N/A. 2.12 Disclosure of Interest The City of Corpus Christi Code of Ordinances, Section 2-349, as amended, requires all persons or Applicants seeking to do business with the City to provide the Disclosure of Interest information on the City -supplied form included herewith. Every question must be answered. If the question is not applicable, answer with N/A. Applicants are obligated to provide updated information concerning the disclosure of interest, as warranted, for the duration of time the applications are under consideration. 2.13 Ownership of Applications All documents submitted in response to this RFA shall become the property of the City of Corpus Christi. 2.14 Disqualification or Rejection of Applications Applicants may be disqualified for any of the following reasons: • There is reason to believe that collusion exists among the Applicants; • The Applicant is involved in any litigation against the City; • The Applicant is in arrears on an existing contract or has defaulted on previous contracts with the City; • The Applicant lacks financial stability; • The Applicant has failed to perform under previous or present contracts with the City; • The Applicant has failed to use the City's approved forms; • The Applicant has failed to adhere to one or more of the provisions established in this RFA; • The Applicant has failed to submit its application in the format specified herein; • The Applicant has failed to submit its application on or before the deadline established herein; • The Applicant has failed to adhere to generally accepted ethical and professional principles during the application process; or, • The Applicant has failed to provide a detailed cost summary in the application. 2.15 Rejection of Applications Applications may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled-for alternate applications, incomplete applications, erasures or irregularities of any kind. Applications tendered or delivered after the official time designated for receipt of applications shall be deemed non-responsive and shall not be considered. 2.16 Right to Waive Irregularities Applications shall be considered "irregular" if they show any admissions, alterations of form, additions or conditions not called for, unauthorized alternate applications or irregularities of any kind. The City Treasurer reserves the right to waive minor irregularities and mandatory requirements, provided that all responsive applications failed to meet the same mandatory requirements and the failure to do so does not otherwise materially affect the procurement. This right shall be exercised at the sole discretion of the City Treasurer. 2.17 Withdrawal of Applications Applications may be withdrawn by written notice received by the City's Treasurer prior to the exact hour and date specified for receipt of applications. An application may be withdrawn by an Applicant or his/her duly authorized representative, provided his/her identity is made known and he/she signs a receipt for the application, but only if the withdrawal is made prior to the exact hour and date set for the receipt of applications. 2.18 Amending of Applications An Applicant may submit an amended application, however, such amended application must be received at or prior to the exact hour and date set for the receipt of applications; must be a complete replacement of a previously submitted application; and, such amended application must be clearly identified as such in the transmittal letter. The City will not merge, collate or assemble application materials for an Applicant. 2.19 Application Offer Firm By submission of its application, the Applicant affirms that its application and prices contained within such application are firm for 180 days after the due date for receipt of applications. 2.20 Applicant Qualifications The Evaluation Committee, as defined in Section 5.1 of this RFA, may make such investigations as necessary to determine the ability of the Applicant to adhere to the requirements specified herein. 2.21 Exceptions to RFA Specifications Although the specifications in the following sections represent the City's anticipated needs, there may be instances in which it is in the City's best interest to permit exceptions to specifications and evaluate alternatives. It is vital that the Applicant make very clear where exceptions are taken to the specifications and how the Applicant will provide alternatives. Therefore, exceptions, conditions or qualifications to the provisions of the City's specifications must be clearly identified as such, together with reasons for taking exception and inserted in the application at that point. In addition, the Applicant must provide responses on the "Exceptions" page to address any and all items found in all bid documents that the Applicant cannot meet or provide. If the Applicant does not make clear that an exception is being taken, the City will assume the Applicant is, in its application, responding to and will meet the specifications of this RFA. 2.22 Consideration of Applications Discussions may be conducted with responsible Applicants qualified to be selected for award for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. In discussions, there shall not be disclosure of any information derived from applications submitted by competing Applicants. Until award of the Contract is made by the City, the City reserves the right to reject any or all applications, to waive technicalities, to re -advertise for new applications or to proceed with the work in any manner as may be considered in the best interest of the City. Should the City require clarification from the Applicant, the City shall contact the individual named as the organization's contact person in the City's Supplier Portal. Evaluation of the application is the first step in a series of evaluation steps that will be conducted by the Committee. The City may elect to conduct post - submission reference checks or Applicant interviews with any Applicants that are not eliminated based on their application. 2.23 Termination or Cancelation of RFA The City reserves the right to terminate or cancel this RFA at any time for any reason whatsoever, as maybe determine in the sole discretion of the City. 2.24 Service Agreement The fully executed service agreement, as amended, the REQUEST FOR APPLICATIONS, as amended and the application constitute the agreement, in its entirety, between the City and the Contractor. Any other terms and conditions shall be null and void. 2.25 Precedence of Contract Documents In case of a conflict in the contract documents, first precedence shall be given to the fully executed contract, as amended; second precedence shall be given to the REQUEST FOR APPLICATION, including addenda: and third precedence shall be given to the applicants applications, as maybe clarified. 2.26 Governing Law The laws of the State of Texas will govern any Contract resulting herefrom. The Contract shall be executed in Nueces County, Texas. The applicable law for legal disputes arising out of the Contract resulting herefrom shall be the law of the State of Texas. 2.27 No Obligation This RFA, in no manner, obligates the City or any of its agencies to the eventual services offered until confirmed by an executed written Contract approved by the Corpus Christi City Council. 2.28 Contract Deviations Any additional terms or conditions, which may be the subject of negotiation, will be discussed only between the City and the qualified Applicants. 2.29 Sufficient Appropriation Any Contract awarded as a result of this RFA process may be terminated if sufficient appropriations or authorizations do not exist. Such termination will be effected by sending written notice to the Applicant. The City's decision as to whether sufficient appropriations and authorizations are available shall be accepted by the Applicant as final. 2.30 Recommendation to City Council The City Treasurer will present the specifications and may make a recommendation to the City Council that the award be made to the Applicant whose application is determined by the City to be the most advantageous and provide the best value to the City. 2.31 Award of Contract The City reserves the right to withhold final action on applications for a reasonable time not to exceed 180 days subsequent to the deadline for receipt of applications. The award of a Contract, if an award is made, will be to the most responsible and responsive Applicant whose the most advantages and provide the best value to the City and whose application meet the requirements and criteria set forth in this RFA. 2.32 Execution of Contract The City Council shall authorize award of the Contract to the successful Applicant and shall designate the successful Applicant ("Contractor") as the City's Provider(s). The City will require the Contractor to sign the documents necessary to enter into the required Contract with the City and to provide the necessary evidence of insurance as required in the Contract documents. No Contract for this project may be signed by the City without the authorization of the City Council, and no Contract shall be binding on the City unless and until it has been approved as to form by the City Attorney or his designee and executed as authorized by the City Council to do so. 2.33 Disputes In the case of any doubt or difference of opinion with regard to the items to be furnished by an Applicant or the interpretation of the provisions of this RFA, the decisions of the City shall be final and binding upon all parties. 2.34 Change in Applicant Representative The City reserves the right to negotiate a change in Applicant representatives if the assigned representatives are not, in the opinion of the City, adequately meeting the needs of the City. 2.35 Term The Contract resulting herefrom will be for a term of three years with an option to extend for up to two additional one-year periods, subject to the approval of the parties. By submission of its application, prices must be guaranteed for the initial term of the Depository Services Agreement as well as any option years. Submission of an incomplete Monthly Pricing Summary Form shall be grounds for rejection of the entire application. 2.36 Change Requests Contract changes may only be made by an amendment to the Contract resulting herefrom and executed in writing by the City and the Contractor and approved by the City Council. 2.37 Termination of Contract The City Treasurer may terminate this Agreement for Contractor failure to perform the services specified in this RFA. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Treasurer may terminate this Agreement immediately thereafter. Alternately, the City may terminate this Agreement with or without cause upon 20 days written notice to Contractor. However, City may terminate this Agreement on 24 -hours written notice to Contractor for failure to pay or provide proof of payment of taxes as set out herein. 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, CD, etc. 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 thirty (30) days of such termination at the Contractor's expense. 2.38 Insurance Provisions INSURANCE REQUIREMENTS I. DEPOSITOR'S LIABILITY INSURANCE A. Depositor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Depositor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Depositor must furnish to the City's Risk Manager and Director of Finance, 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: 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 AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 BANKER'S PROFESSIONAL LIABILITY $1,000,000 per claim (Defense costs not included in policy limits 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. C. In the event of accidents of any kind related to this contract, Depositor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Depositor 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 statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Depositor is not domiciled in the State of Texas. B. Depositor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Depositor'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. Depositor 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. 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. Depositor 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, Depository shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Depositor'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 Depositor'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 Depositor to stop work hereunder, and/or withhold any payment(s) which become due to Depositor hereunder until Depositor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Depositor may be held responsible for payments of damages to persons or property resulting from Depositor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Depositor'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. 2015 Insurance Requirements Finance Department Depository Services 10/21/2015 ds Risk Management 2.39 Right to Publish Throughout the duration of the procurement process and resulting Contract term, potential Applicants and Contractors must secure from the City written approval prior to the release of any information that pertains to the potential work or activities covered by the RFA or the resulting Contract. Failure to adhere to this requirement may result in disqualification of the Applicant's application or termination of the Contract. 2.40 Applicant's Ethical Behavior By submission of its application, the Applicant promises that Applicant's officers, employees, or agents will not attempt to lobby or influence a vote or recommendation related to the Applicant's application submitted in response to this RFA, directly or indirectly, through any contact with City Council members or other City officials between the deadline for submission of applications and the date a contract resulting herefrom is awarded by the City Council. Such behavior will be cause for rejection of the Applicant's application at the discretion of the City Council. 2.41 Quantities Quantities described herein are estimates and do not obligate the City to order or accept more than the City's actual requirements during the term of any contract resulting herefrom. Nor do the estimates limit the City from ordering less than its actual needs during the term of any contract resulting herefrom, subject to availability of appropriated funds. 3.2 Mandatory Service Requirements Section 3.0 Scope of Work 3.1 General Information The City issues this RFA to eligible depository institutions to provide depository services for the City's funds. Only those depository institutions doing business within the city limits of Corpus Christi, Texas with full depository service capabilities as required in this RFA will be eligible to serve as the City's depository ("Depository"). The City manages its own investment portfolio pursuant to its Investment Policy, therefore, the Depository will not provide any investment transaction activities other than safekeeping services such as receiving and delivering securities, coupon collections and maturity collections. This section identifies the mandatory requirements for the provision of depository services for the City's funds. Additional required services and estimated monthly volumes are listed Section 3.6, Fee, A., MONTHLY PRICING SUMMARY FORM, of this RFA. The depository must be able to provide the following required services and to maintain the following demand deposit accounts and any other accounts which the City may establish. A. CITY'S DEMAND DEPOSIT ACCOUNTS The term "demand deposit account" means a deposit of funds that may be withdrawn on the demand of the depositor. The City requires that the Depository provide depository services for the following demand deposit accounts (Note! These are the current demand deposit accounts. The City reserves the right to add or delete demand deposit accounts as and when required by its operational needs): The City currently maintains the following accounts: 1. CC Community Improvement Corp. Coll, Non -Interest Bearing 2. City of Corpus Christi - Beach User Fees, Non -Interest Bearing 3. City of Corpus Christi - Airport PFC, Non -Interest Bearing 4. City of Corpus Christi - Combined Funds, Non -Interest Bearing 5. City of Corpus Christi - Home Project, Interest Bearing 6. CC Community Improvement Corp. Special, Interest Bearing 7. CC Community Improvement Corp., Interest Bearing 8. CC Housing Finance Corporation, Interest Bearing 9. City of Corpus Christi - Arena Operating, Non -Interest Bearing 10. City of Corpus Christi - Convention Center Operating Acct., Non -Interest Bearing 11. City of Corpus Christi - Law Enforcement Special, Interest Bearing 12. City of Corpus Christi - Humana, Zero -Balance 13. City of Corpus Christi — Merchant Processing Account, Non -Interest Bearing 14. City of Corpus Christi - Payroll Fund, Zero -Balance 15. City of Corpus Christi - Vouchers Payable Account, Zero -Balance (Note: A voucher number is created when a vendor's invoice is processed through the City's Accounts Payable division. The voucher number is assigned to a check when the invoice is paid). The City processes about 1,600 vendor checks per month. 16. City of Corpus Christi - Workers' Compensation, Zero -Balance 17. Museum Joint Venture Revenue, Non -Interest Bearing 18. Museum Joint Venture Operations Support, Non -Interest Bearing 19. City of Corpus Christi — US Consent Decree May 2013, Non -Interest Bearing 20. City of Corpus Christi — Risk Management, Zero -Balance B. REQUIRED SERVICES 1. Internet Access Cash Management Services The City requires that the Depository provide cash management services to the City via the Internet. Any necessary software for these services, including, but not limited to: stop payments, wire transfers, account balance and transaction information, positive pay, lockbox, and transmission of ACH debit or credit transactions, will be furnished and be made available by the Depository at no cost to the City. 2. Deposits The Depository must accept all deposits made by the City during the term of the Depository Services Agreement for deposit in the City Demand Deposit Accounts identified herein. At a minimum, the City requires that the Depository accept City deposits for ledger credit until 3:00 p.m. Central Time (CT) each business day. The City reserves the right to exclude deposits made on behalf of the Corpus Christi Fire Fighters' Retirement System and any other special funds which are controlled by entities separate and apart from the City. 3. Items Deposited All payments made directly to the City by customers will be sent to the bank un -encoded. 4. Automated Information Reporting The City must be able to access via the Internet, for each City account, the previous day's ending ledger balance, collected balance, float, and debit/credit detail by 8:00 a.m. CT daily. Current - day balance and activity must be available by 12:00 noon CT. By this same deadline, this information must be combined to reflect totals for all City accounts taken together. 5. Items Processing Service The Depository must process all deposited items of checks and cash. Such processing services include encoding services, credit and debit advices given to the City within three business days of the debit or credit, clearing returned items, and return of stamped duplicate deposit slips to the City within one business day of deposit. The City intends to make deposits in person, by courier service, at night drop locations and at drive-thru locations. All deposits are safeguarded in tamper evident bags unless personally delivered. The deposits will be made in batches with a tape to be provided for each batch. If the Depository Item Processing Department discovers an error in the deposit, then the Depository shall prepare a credit or debit advice and mail it to the City immediately after the account has been adjusted with the appropriate documentation attached to justify the correction. Appropriate documentation is considered to be a copy of the City's tape with the item in question marked and a copy of the check in question. 6. Fine Sorting Required Accounts that have more than 400 checks must be fine -sorted in numerical order by the Depository. 7. Insufficient Funds (NSF)/Returned Items A complete description is to be provided on all NSF/returned items deposited into City accounts. The description should include the Payor's name, applicable City department, and reason for return. All NSF/returned items must be charged back to the account to which the items were deposited provided that the City department is identified by endorsement stamp or other readily identifiable means on the item. The Depository will send the NSF/returned items to the office designated by an Authorized City Representative. 8. Stop Payments Stop payments placed through the Internet must remain in effect for at least six (6) months. Placement of stop payments through the Internet does not require written authorization follow-up by the City. 9. Automatic Payroll Deposit Services By using a personal computer with Internet access, the City will electronically transmit City employee payroll data to the Depository. The Depository will receive the data and prepare an ACH debit so that the Depository payroll account will be debited no sooner than the date of payroll. The 2016 Payroll Calendar is Attached as Exhibit A to the Depository Services Agreement. 10. General Wire Transfer Services a. Using Internet access, the City must be able to initiate general wire transfer services including initiation of repetitive and non -repetitive wire transfers. b. The Depository must act upon all Internet, electronic, written or verbal transfer requests within one hour from the time received from an Authorized City Representative, and use any means for the transmission of the funds the Depository may consider suitable up until 3:30 p.m. CT. c. The Depository must record all telephonic instructions from the City received by the Depository's wire transfer department and retain the recordings for sixty-one (61) days (the period for City notification of discrepancies) following such requests. d. In the event there is a loss of interest or use of funds as result of a Depository error for failure to execute a transfer request on the date received, or such other error within the Depository's control, compensation for loss must be corrected by adjusting the aggregate ledger and collected balances of the City accounts to reflect properly the average balances of the amounts that would have resulted had no error occurred. 11. Account Reconciliation Services a. All depository statements and paid items must be on a monthly cycle and must be cutoff on the last calendar day of the month. The depository statements must be available for pick-up via electronic format no later than the fifth working day following the assigned cut-off date. b. If a statement for a City depository account is not cut off as specified by the City, the City will require that the Depository reimburse the City for the costs incurred to reconcile the statement, including City employee overtime costs. c. The City also requires that copies of cleared checks be available via Depository's website and stored on a CD distributed to the City with the printed monthly statement. 12. Depository Reconcilements Automated depository reconcilements are required for the Vouchers Payable and Payroll accounts and other accounts as required by an Authorized City Representative as transaction volumes increase. By using Internet access, the City will electronically transmit reconcilement data to the Depository. Reconcilements must be available for pick up by the City by the ninth working day following the date the data was transmitted to the Depository. "Add/delete" adjustment forms will be provided by the Depository. The Depository will be required to transmit reconcilement information to the administrators of the City's health care and worker's compensation accounts and others as designated by the City. 13. Checking with Interest Accounts If designated by an Authorized City Representative, a demand deposit account will be set up as interest bearing and interest will be paid monthly. Interest rates will be those set for public fund interest bearing accounts. 14. Controlled Disbursement Service Specific accounts as designated by an Authorized City Representative will be controlled disbursement accounts. The City must be able to access same-day information concerning controlled disbursement clearings by 11:15 a.m. CT daily. 15. Zero -Balance Accounts As designated by an Authorized City Representative, specific demand deposit accounts will be zero -balance accounts for ease in reconciling and record keeping. 16. Check Cashing On presentation and at no charge to the payee or the City, the Depository will pay all checks drawn and properly payable on a City demand -deposit account. 17. Deposit Locations The City will have the option to make Deposits at the Depository's main Corpus Christi office or at any of Depository's Corpus Christi branches. A deposit ticket will be presented to the Depository with each deposit. The Depository will route specified deposit ticket copies to the City on a daily basis. The City processes between 80 and 120 individual deposits daily. These deposits originate from about 25 different departments located throughout the City. Deposits will be made in person, by courier service, at night -drop locations and at drive-thru locations. 18. Night Depository The Depository must be able to provide night depository facilities for safekeeping purposes. The City will use special tamper -evident deposit bags in making deposits through the night depository facility. Each bag placed in the night depository facility will contain only currency, coin, and checks. If it appears that a bag has been tampered with, the Depository must telephone an Authorized City Representative. The Depository will mail the deposit slip or it may be picked up by courier on a daily basis. 19. Escrow Accounts. Periodically during the term of the Agreement, the City may require that an escrow account be established at the Depository. The service fees charged for the escrow account must be the same as the service fees charged to the City for its demand deposit accounts. C. FUNDS TRANSFER REQUIREMENTS 1. Incoming wire transfers occur regularly. The Depository must give both ledger and collected credit the day of the wire receipt, regardless of the time the Depository receives the transfer through the Fed wire System. Credit to City accounts for incoming wire transfers must be immediate. 2. The City actively invests in marketable securities. An outgoing wire transfer will be made in the morning for the reinvestment of funds expected by an incoming wire transfer. The Depository must allow the City to reinvest and to wire funds out in anticipation of an incoming wire transfer later in the day. The anticipated amount of wire transfer is up to 20 million dollars. 3. The Depository must not charge the City for daylight overdrafts. When a daylight overdraft is anticipated, an Authorized City Representative will notify the designated depository official of the situation. 4. Notification to the City of incoming wire transfers or problems with outgoing wire transfers must be made within one hour of the transaction. The City allows two authorized employees to initiate repetitive transfers. All authorized employees must be issued a personal identification number in order to initiate wire transactions. If the wire transfer is initiated over the telephone, the City will require that the Depository telephone the City and specifically request to speak to an Authorized City Representative other than the person initiating the wire to verify that the wire is authorized prior to releasing it. D. OVERDRAFT PROCESSING REQUIREMENTS The City does not intend to have an overdraft position on any of its depository accounts throughout the course of the Depository Services Agreement. In the event a check or checks presented for payment on any City account where there exists insufficient funds available for payment, the City will require the Depository to pay said checks and promptly notify an Authorized City Representative of the existence of the overdraft situation. The City will cover the overdraft within one business day. E. REQUIREMENTS FOR SECURITIES CLEARANCE AND SAFEKEEPING OF CITY INVESTMENTS 1. Investment securities purchased by the City will be delivered by book entry to the Federal Reserve. The purchase and sale of all securities will be on a delivery versus payment or payment versus delivery basis (i.e. for securities purchases, monies will not be released by the City's safekeeping bank until securities are received at the Federal Reserve Bank or further credit to the City's safekeeping bank. In the case of securities sales, monies will be received by the City's safekeeping bank via the Federal Reserve Bank as the securities are simultaneously released to the purchaser). In this manner, the City will always have possession of either the securities or its monies. 2. The City will send written instructions to the securities clearance department for each transaction. When a City security matures, or when a City security is purchased, funds will be transferred from or to the Combined Operating account or another account as directed by an Authorized City Representative. Most of these instructions will be sent by facsimile to assure the timeliness of the operation. The City expects the Depository to give prompt notification of any settlement problems, including securities delivered where the instructions do not match or where instructions have not been given to the Depository. 3. All securities must be perfected in the name of the City. A safekeeping receipt issued to the City must evidence all book entry securities owned by the City. The original safekeeping receipt for each transaction will be forwarded to the City. 4. The following is the City's sample Investment Portfolio as of June 30, 2015. The depository must use this data to calculate safekeeping fees on an annual basis. The depository must record the safekeeping fee calculation in the Safekeeping and Securities Clearance section of the MONTHLY PRICING SUMMARY FORM found in Section 3.6, Fee Schedule, A. of this RFA. CITY OF CORPUS CHRISTI CASH MANAGEMENT SECTION INVESTMENT PORTFOLIO AS OF 06/30/2015 CUSIP Issuer Purchase Date Term Par Value Current Rate M aturity Date M arket Value Book Value Unrealized Gain (Loss TEXPOOL0035 Texpool 6/30/2015 1 V9,824,359.55 0.058 7/112015 129,824,359.55 129,824,359.55 - TEXSTAR1340 Texstar 6/30/2015 1 1,301,272.24 0.072 7/N2015 )301,272.24 )301272.24 - TEXSTAR1111 Texstar 6/30/2015 1 114,360,254.01 0.072 7/112015 114,360,254.01 114,360,254.01 - WFMM4816 VVells Fargo 6/30/2015 1 104,05)28144 0.050 7/112015 104,05)28144 134,051281.44 - BNY1586 Bank ofNewYorkMellon 6/30/2015 1 5,687,239.29 0.000 7/N2015 5,687,239.29 5,687,239.29 - BNY1609 Bank ofNewYorkMellon 6/30/2015 1 )500,000.00 0.000 7/N2015 )500,000.00 1,500,000.00 - 3133EDC59 Federal Farm Credit Bank 12219/2013 608 10,000,000.00 0.250 08/19/2015 13,00)680.00 13,000,000.00 1,680.00 3133ED4A7 Federal Farm Credit Bank 10/07/2013 730 10,000,000.00 0.375 10/07/2015 13,006,180.00 13,000,000.00 6,180.00 3130A3ZB3 Federal Ho me Loan Bank 0128/2015 273 10,000,000.00 0.180 10/28/2015 1)000,170.00 13,000,000.00 170.00 3133EDB84 Federal Farm Credit Bank 12/03/2013 730 10,000,000.00 0.300 12/03/2015 13,004,61100 13,000,000.00 4,61100 3130A24D5 Federal Ho me Loan Bank 05/29/2014 568 10,000,000.00 0.230 12/18/2015 13,00)190.00 13,000,000.00 1,190.00 3130A3Z49 Federal Ho me Loan Bank 01127/2015 365 1,000,000.00 0.250 01127/2016 1100)400.00 9,999,232.65 2,17.35 3130A3ZS6 Federal Ho me Loan Bank 0129/2015 365 10,000,000.00 0.250 01129/2016 9,999,460.00 9,999,517.15 (57.15) 3130A5RD3 Federal Ho me Loan Bank 6/30/2015 213 9,000,000.00 0.200 2/112016 8,996,760.00 9,000,000.00 (3,240.00) 3130A5CA5 Federal Ho me Loan Bank 5/7/2015 277 10,000,000.00 0.213 2/8/2016 9,996,530.00 13,000,000.00 (3,470.00) 3133EDM D1 Federal Farm Credit Bank 05/29/2014 638 10,000,000.00 0.300 02/26/2016 9,998,530.00 9,998,500.80 29.20 3130A3ZV9 Federal Ho me Loan Bank 02/04/2015 387 10,000,000.00 0.300 02/26/2016 9,998,230.00 13,000,000.00 (1,770.00) 3130A3ZV9 Federal Ho me Loan Bank 02/04/2015 387 10,000,000.00 0.300 02/26/2016 9,998,230.00 13,000,000.00 (1,770.00) 3130A5AU3 Federal Ho me Loan Bank 5/15/2015 350 10,000,000.00 0.250 4/29/2016 9,994,180.00 9,995,867.85 (1,687.85) 3130A5EJ4 Federal Ho me Loan Bank 5/18/2015 366 10,000,000.00 0.250 5/8/208 9,986,020.00 9,994,728.92 (8,708.92) 3130A5F38 Federal Ho me Loan Bank 5/26/2015 359 10,000,000.00 0.250 5/19/2011 9,989,800.00 9,995,592.77 (5,792.77) 3130A5FP9 Federal Ho me Loan Bank 5/26/2015 366 10,000,000.00 0.250 5/26/2016 9,985,950.00 9,993,239.1) (7,289.19) 3130A5E47 Federal Ho me Loan Bank 5/29/2015 363 10,000,000.00 0.300 5/26/2016 9,993,230.00 9,999,729.60 (6,499.60) 3133EDM66 Federal Farm Credit Bank 5/27/2014 731 10,000,000.00 0.390 5/27/2016 9,992,71100 13,000,000.00 (7,290.00) 3130A5CK3 Federal Ho me Loan Bank 5/27/2015 366 10,000,000.00 0.400 5/27/2016 9,998,500.00 13,000,000.00 (1,500.00) 3130A5K57 Federal Ho me Loan Bank 6/4/2015 392 10,000,000.00 0.330 6/30/2016 13,015,840.00 9,998,509.87 17,330.13 3130A5K57 Federal Ho me Loan Bank 6/4/2015 392 10,000,000.00 0.330 6/30/2016 1,015,840.00 9,999,007.05 16,832.95 3134G6AA1 Federal Ho me Loan Mtg Corp 01130/2015 731 10,000,000.00 0.700 01130/2017 9,999,920.00 9,998,024.31 1,895.69 3134G6AA1 Federal Ho me Loan Mtg Corp 01130/2015 731 10,000,000.00 0.700 01130/2017 9,999,920.00 9,996,443.75 3,476.25 3134G6AA1 Federal Ho me Loan Mtg Corp 01130/2015 731 10,000,000.00 0.700 01130/2017 9,999,920.00 9,999,604.86 315.14 3134G6AA1 Federal Ho me Loan Mtg Corp 01130/2015 731 15,000,000.00 0.700 01130/2017 9,999,920.00 1,000,000.00 (80.00) 3134G6AN3 Federal Ho me Loan Mtg Corp 02/13/2015 731 10,000,000.00 0.750 02/13/2017 9,995,830.00 1,000,000.00 (4,170.00) 3134G6BQ5 Federal Ho me Loan Mtg Corp 02/13/2015 731 10,000,000.00 0.750 02/13/2017 1,003,650.00 1,000,000.00 3,650.00 3134G6CJ0 Federal Ho me Loan Mtg Corp 02/13/2015 731 10,000,000.00 0.800 02/13/2017 13,006,810.00 13,000,000.00 6,81100 3130A5GJ2 Federal Ho me Loan Bank 5/28/2015 701 10,000,000.00 0.720 4/28/2017 9,995,11100 13,000,000.00 (4,890.00) 384G6YQ0 Federal Ho me Loan Mtg Corp 5/26/2015 731 10,000,000.00 0.800 5/26/2017 13,002,190.00 13,000,000.00 2,190.00 3134G6E82 Federal Ho me Loan Mtg Corp 5/26/2015 731 10,000,000.00 0.850 5/26/2017 9,986,470.00 13,000,000.00 (13,530.00) 3134G6Q22 Federal Ho me Loan Mtg Corp 6/30/2015 731 10,000,000.00 0.875 6/30/2017 13,005,81100 13,000,000.00 5,810.00 3134G6X73 Federal Ho me Loan Mtg Corp 5/29/2015 728 10,000,000.00 0.820 5/26/2017 9,988,440.00 13,000,000.00 (11,560.00) 3134G7AY7 Federal Ho me Loan Mtg Corp 6/29/2015 731 20,000,000.00 1000 6/29/2017 20,007,480.00 20,000,000.00 7,480.00 3134G7D R9 Federal Ho me Lo an M tg Corp 6/30/2015 724 5,000,000.00 0.800 6/23/2017 4,998,600.00 5,000,000.00 (1,400.00) Total 710,724,406.53 710,689,516.53 710,692,405.30 (2,888.77) F. COLLATERAL REQUIREMENTS 1. Background a. As security for the City's deposits, the Depository must pledge to the City securities equal to the largest total ledger balances the City maintains in the Depository, less the amount of coverage provided by the Federal Deposit Insurance Corporation. b. All funds deposited under the Depository Services Agreement must be continuously secured in accordance with applicable federal laws and regulations as well as the laws of the State of Texas, including but not limited to Subchapter C, Security for Funds Held by Depository of Chapter 105, Depositories for Municipal Funds, of the Texas Local Government Code, Chapter 2257, Public Funds Collateral Act, Government Code, and this RFA. 2. Qualification as Depository The Depository will be required to, no later than five days before the commencement of the term of the Depository Services Agreement, pledge security for the funds to be deposited by the City at the Depository as provided in Subchapter C, Security for Funds Held by Depository of Chapter 105, Depositories for Municipal Funds of the Texas Local Government Code, Chapter 2257, Public Funds Collateral Act, Government Code, and this RFA. 3. Permissible security Only the following types of securities are acceptable to the City to secure City deposits: (a) A treasury note of the United States or other evidence of indebtedness of the United States that is guaranteed as to principal and interest by the United States. (b) An obligation of an agency of the United States, provided that (i) the market value can be readily established, and (ii) the obligation has been approved by an Authorized City Representative. 4. Custodian of Pledged Securities The securities pledged by the Depository as collateral must be deposited with a branch of the Federal Reserve Bank, ("the Custodian"), in escrow in a safekeeping account held in the name of the City. The custodian account must require the authorization of both the Depository and an Authorized City Representative to release pledged collateral. The Custodian, upon receipt of pledged securities, must promptly issue and deliver to the Authorized City Representative trust receipts for the securities pledged. The securities must be held by the Custodian and the Custodian may not transfer or deposit the securities in another institution. 5. Amount of Collateral 1. Securities pledged by the Depository to secure City funds on deposit identified with federal taxpayer identification number 74-6000574 must have a market value of at least Thirty million dollars ($30,000,000) or as designated in writing by an Authorized City Representative. During the City's tax season, which occurs from October through March, the Depository must provide additional collateral as required by an Authorized City Representative. 2. Securities pledged by the Depository to secure City funds identified with federal taxpayer identification number 74-2442464 must have a market value of at least four million dollars ($4,000,000) or as designated in writing by an Authorized City Representative. The market value of a security is to be determined by an Authorized City Representative from a third party source (e.g. Primary dealer, Wall Street Journal) and is binding on the Depository. 6. Federally Insured Deposits The Depository is not required to provide security for the deposit of City funds to the extent deposits are insured under 12 U.S.C.A., Sections 1811-1835a. 7. Additional Security An Authorized City Representative may, by written order, require the Depository to pledge additional collateral at any time it is determined to be advisable. If, for any reason, the total City balance on deposit with the Depository exceeds the market value of pledged security, the Depository must immediately pledge additional securities to the City. Any additional security pledged must meet the requirements of this RFA and must be approved by an Authorized City Representative. Failure to pledge additional securities on the day the Depository is provided written notice constitutes grounds for City Council to select a new depository as required by law and terminate the Depository Services Agreement. On the same day that notice to pledge additional securities is received by the Depository, the Depository must execute and deliver a Supplemental Pledge Agreement in form acceptable to the City to evidence any additions of collateral pledged to secure the deposits of the City. The Supplemental Pledge Agreement must also be placed and continuously maintained in the official records of the Depository. 8. Substitution of Securities The Depository may substitute one security for another provided that the security meets the requirements of this RFA and provided that an Authorized City Representative approves the substitution, in writing. Prior to such substitution, the Depository must execute and deliver a Supplemental Pledge Agreement in form acceptable to the City to evidence any substitutions of collateral pledged to secure the deposits of the City. The Supplemental Pledge Agreement must be placed and continuously maintained in the official records of the Depository. 9. Release of Security If the securities pledged by the Depository exceed the amount required under this RFA, an Authorized City Representative may authorize the release of the excess. An Authorized City Representative must approve such release in writing. 10. Records and Audit The Depository must maintain separate, accurate, and complete records relating to the deposit of public funds, the pledged investment securities, and all transactions relating to the pledged investment securities. The Custodian must maintain separate, accurate, and complete records regarding the pledged investment securities. All such records will be subject to any internal or external audit or regulatory examination of the Depository or Custodian, such audit or examination to ascertain whether the records and pledged investment securities are in compliance with the Public Funds Collateral Act, Chapter 2257, Government Code. 11. Documentation to be Provided to City The Depository and/or Custodian must provide documentation relating to the description of securities pledged as collateral, substitution of pledged securities, pledge of additional securities, and withdrawal of excess securities to the Authorized City Representative. A certificate as to the then market value of securities pledged as security hereunder must be provided to the Authorized City Representative at least monthly. 12. Collateral Provision of Financial Institution Reform, Recovery and Enforcement Act (FIRREA) The Depository must provide certification that the Depository has complied with all requirements of the Financial Institution Reform, Recovery and Enforcement Act (FIRREA) and FDIC policies which may apply to the City's security interests in the pledged collateral and must specify the officers of the Depository who are authorized to sign agreements with the City. Prior to the initial pledge of securities under the Depository Services Agreement, the City will require that the Depository: (a) execute a Security Agreement - Pledge and ancillary agreements necessary to effect the pledge of securities to collateralize all of the City's deposits in such form as is acceptable to the City; (b) deliver to the City a certified copy of excerpts from the minutes of a meeting of the Loan Committee and/or Board of Directors of the Depository, properly authorizing the Depository to enter into a Security Agreement - Pledge, and to pledge assets of the Depository to secure all deposits made by the City with the Depository; and (c) deliver to the City certification that the Depository Agreement, the Security Agreement - Pledge, and the authorization of the Board of Directors and/or the Loan Committee of the Depository have been placed (and will continuously be maintained) in the official records of the Depository. G. SERVICE FEE REQUIREMENTS 1. The City desires an equitable reimbursement arrangement for the depository services provided. A direct fee basis for services provided by the Depository with an offsetting earnings credit for available balances is the method required by the City. This process requires the monthly calculation of a net depository service cost. The Depository will calculate the total monthly service costs for all accounts and the total monthly earnings credit for all accounts on the account analysis statement. The net of total service costs and total earnings credits equals net banking service costs for the month. Earnings credit must be given to the City for all account balances grouped together and not for single account balances. 2. A written invoice evidencing the fees for services must be provided to the City at the end of each month for each account. This invoice must also contain a section summarizing the fees for services for all accounts. The City will have five working days to confirm the services performed prior to authorization of the debit advice(s). The Depository will not debit a City depository account for service fees until the Depository and the City agree that the fees are correct. Fees will be allocated among accounts as designated by an Authorized City Representative. For a listing of the current Authorized City Representatives, see Exhibit A to the Depository Services Agreement attached hereto. H. OTHER REQUIREMENTS 1. The Depository must notify the City in writing within ten (10) days of any changes in federal or state regulations or laws that would thereafter affect the Depository Services Agreement. The Depository must also notify the City of any services, which become available to the City throughout the Agreement period. 2. The Depository's records relating to the City's accounts must be open to review by either City staff members or City -appointed independent auditors during normal business hours. 3. The successful Depository must provide to the City each quarterly CALL report (Schedule RC only) as well as any public information concerning changes in the ownership, management or financial position of the Depository or its parent company. 4. To the extent that the Depository Services Agreement is not governed by applicable federal laws and regulations, the Depository Services Agreement will be governed by and construed in accordance with laws of the State of Texas. Any suit brought in connection with the Depository Services Agreement must be tried in Nueces County, Texas. 5. Until deposits are credited to the City as evidenced by validation of duplicate deposit slips, the relationship between the City and the Depository as to all contents must be that of Bailor and Bailee. The Depository will be responsible and liable to the City for that same degree of care required under the laws of Texas for Bailees having custody of property of other persons. 6. The Depository must be a participating bank in the Southwestern Automated Clearing House Association to be able to deliver debit and credit payments. 7. The Depository must assign one of its officers employed by the Depository in Corpus Christi to coordinate the depository relationship established under the Depository Services Agreement. The depository officer is responsible for responding to questions from an Authorized City Representative concerning the performance of depository services. The City may require a review meeting with the depository officer at least once every month to evaluate the working relationship between the City and the Depository and to address any problems. 8. The City will provide the Depository with a Corporate Resolution at the commencement of the contract term. Thereafter, the Depository will not require additional corporate resolutions when an Authorized City Representative opens a new account. 9. Lockbox services. The Depository must provide lockbox services to process customer payments. This includes sorting and reading customer checks and payment coupons as well as creating an image electronically of the paper items. Additionally, the City requires the lockbox contractor to send an updated file of all payments received on accounts by 7:00 a.m. CT for review and validation of payment. City utility payments are processed through a lockbox. The payment envelope includes the check or money order along with a barcoded payment stub. The lockbox location will have to be able to read the barcode as well as scan the check information. The Depository will send a daily data file to the City's utility software and interface the payment information. Scanned information must be made available on the Depository's web site. 10. The City electronically transmits data to the Depository regarding those City Utility, Marina, and Misc. Accounts Receivable customers who have previously authorized the City to automatically debit their demand deposit accounts for their City bills. The Depository must be able to provide this direct debit service. 3.3 Technical Solution A. The City expects the best availability of funds provided to the Depository's institutional clients. Please attach the depository's availability schedule and an explanation of funds credit. The City recognizes that only collected funds may be used as available balances for investment purposes. The anticipated amount of balances the City will maintain in both non-interest and interest bearing accounts is up to 35 million dollars. List any ways the City could periodically improve availability of funds. List all time deadlines clearly. B. At a minimum, the City requires that the Depository accept City deposits for ledger credit until 3:00 p.m. CT each business day. List the cut-off time for accepting deposits for same-day credit. C. Please describe your depository's ability to sufficiently and continuously collateralize City deposits. Enumerate the types of securities, which you propose to pledge. Describe reporting methods and steps, if any, which would be employed to detect deficiencies in collateral position. D. Please describe your securities clearance and safekeeping procedures. Please explain the method your depository uses to calculate safekeeping and securities clearance fees. E. Please provide a detailed explanation of the depository's policy and methodology used in the setting of the earnings credit rate. Provide a schedule of the earnings credit rates offered by the depository since January 1, 2015. F. Does the depository offer a fixed rate of interest if the City agrees to maintain a specified collected balance? If so, please provide the appropriate information. G. List minimum ledger and collected balances required to earn interest. H. List the interest rates currently paid on interest bearing accounts. I. What back-up arrangements for check processing exist in case of system failures? J. What is your contingency plan in case of a natural disaster? What provisions will be made for the City to continue operations after a disaster occurs (i.e., utilization of other branches in other cities, etc.)? K. In order to fund check presentments and manage the City's depository accounts and investments, controlled disbursement services are required. Please describe the controlled disbursement services available. Where are the disbursing depositories located? How much time delay should the City expect in utilizing this service? L. In order to fund check presentments and manage the City's depository accounts and investments, check presentment totals must be made known to the City no later than 11:15 a.m. CT. Notification after this time may result in the City not being able to adequately fund checks. If an overdraft occurs due to a late notification by the depository, the City will not be charged any overdraft charges. How many times has the depository missed notification deadlines and by how much within the one-year period ending December 31, 2014? (Note: This refers to Control Disbursement. All check presentments must be reported on a real-time basis.) M. Please describe the Account Reconcilement Service offered by the depository and attach a sample reconcilement statement. N. Does the depository have an established maximum dollar value limit, which may not be exceeded by an individual check or wire transfer? Are there any other restrictions regarding individual checking amounts? 0. The City requires that its Depository offer automated stop payment service. At a minimum, stop payments must remain in effect for at least six (6) months. How long are stop payment orders effective? When does the stop payment order take effect? P. Direct deposit of payroll is a service the City offers its employees. Approximately 2,917 employees or 99% are set up for automated payroll deposit. The City will require that the payroll transfers occur electronically, directly to the employee's depository account. Please provide cut-off times and other appropriate information. Q. Provide a sample depository statement for a demand deposit account. R. Provide information on positive pay. S. Provide an availability of funds schedule with a clear explanation of deadlines. T. Provide a sample monthly pledged collateral report. U. Provide an explanation of basis for money market rates. V. Provide a copy of your organization's most recent annual financial statement. W. Please describe the process by which service problems are to be resolved. What person or organizational unit is available for complaint or problem resolution? X. The City of Corpus Christi frequently initiates time sensitive wire transfers which must be received by the beneficiary by a certain time of day, such as 10:00 a.m. CT. Please describe the depository's daylight overdraft policy with respect to such transfers where the funding for the transfer has not yet been credited. What is the depository's internal review and approval process for releasing such transfers? Y. Describe any other cash management or depository services that could be offered to the City. List all charges, which would apply. Z. The City requires that the Depository have a successful history of providing electronic cash management services. What electronic cash management services are currently provided? How long has the depository provided each of these services? AA. Please specify days on which the disbursement depository would be closed or would not receive cash letters. BB. Describe CD-ROM or other media resources available to replace original canceled checks. CC. The City electronically transmits data via computer terminal to the Depository regarding those City Utility, Marina, and Misc. Accounts Receivable customers who have previously authorized the City to automatically debit their demand deposit accounts for City bills. Please state the procedure for this service and list appropriate cut-off times, which will apply. DD. The City currently uses a lockbox to process approximately 23,000 payments per month. Please list all charges associated with processing payments through a lockbox arrangement. EE. What type of services do you currently have in place to keep clients updated on new products and changes m banking legislation? FF. What is the physical location of the lockbox that will service the City's account? GG. What is the latest daily pick up time to retrieve utility payments from the lockbox as designated by the Applicant in Section 3.3, FF of this RFA? HH. What is the average mail time from Corpus Christi to the lockbox location? II. Please provide a bank calendar for 2016. JJ. What payment processing solutions do you have to handle billpay checks received without a remittance? 3.4 Applicant's Profile and Qualifications A. Official legal name, manner in which your organization is organized (e.g. sole proprietor, partnership, corporation, etc.) and a brief history of your organization including the date established. B. Detail the key personnel in your local office. State the location of the office from which the work is to be done and the key personnel in that office. Provide resumes for all key personnel listed. C. List the hours of operation and locations of all branches of the Depository located within the city limits of Corpus Christi, Texas. A vault within the city limits of Corpus Christi is required. D. Provide the location of all branches of the Depository, which can serve as the City's night depository facility. E. In the last five years, has the City terminated any agreement with your organization, either for or not for cause, breach or default? F. Has the Depository or its parent company had any problems noted by regulatory agencies in the past 24 months? If "yes", please explain. G. Is your organization currently involved in litigation with the City or, in the last five years, has your organization been involved in litigation with the City? If so, please provide cause numbers, dates and final disposition of each. H. What is the address, city and state where your organization is headquartered? I. The City requires a Depository that is fiscally strong. Thus each depository institution applying to become the City's Depository must complete the following Depository Credit Evaluation Form relative to your organization: DEPOSITORY CREDIT EVALUATION FORM ASSET QUALITY RATIOS YEAR ENDING YEAR-TO-DATE 2014 2015 Equity to asset ratio Reserves as % of total loans Non-performing loans to total loans Current loan loss to total loss Loan loss reserves to total loans CAPITAL ADEQUACY INDICATORS Total capital and surplus Capital to loans Capital to total assets PROFITABILITY INDICATORS Return on Assets Return on Equity Net Interest Margin LIQUIDITY RATIOS Loans to Deposits Gross loans to total assets Problem loans to primary capital Liquid assets to total assets J. Describe the qualifications, services or other information unique to your company for the delivery of services requested. K. Using the format outlined below, the Applicant should provide five current GOVERNMENTAL Client references in Corpus Christi, Texas (organizations to which you have provided services for at least one year) and three former GOVERNMENTAL client references in Corpus Christi, Texas. References should be relative to the Applicant's office that will provide DEPOSITORY SERVICES to the City. This information will be used to determine the extent to which the Applicant is able to provide DEPOSITORY SERVICES to an entity the size of the City of Corpus Christi as well as the level of customer service exhibited by the Applicant. CURRENT GOVERNMENTAL Client Reference 1 Organization name: Contact and title: Address: Phone number: Effective date of contract: Description of services provided: CURRENT GOVERNMENTAL Client Reference 2 Organization name: Contact and title: Address: Phone number: Effective date of contract: Description of services provided: CURRENT GOVERNMENTAL Client Reference 3 Organization name: Contact and title: Address: Phone number: Effective date of contract: Description of services provided: CURRENT GOVERNMENTAL Client Reference 4 Organization name: Contact and title: Address: Phone number: Effective date of contract: Description of services provided: CURRENT GOVERNMENTAL Client Reference 5 Organization name: Contact and title: Address: Phone number: Effective date of contract: Description of services provided: THIS SECTION INTENTIONALLY LEFT BLANK FORMER GOVERNMENTAL Client Reference 1 Organization name: Contact and title: Address: Phone number: Effective date of contract: Description of services provided: Reason for termination: FORMER GOVERNMENTAL Client Reference 2 Organization name: Contact and title: Address: Phone number: Effective date of contract: Description of services provided: Reason for termination: FORMER GOVERNMENTAL Client Reference 3 Organization name• Contact and title: Address: Phone number: Effective date of contract: Description of services provided: Reason for termination: FORMER GOVERNMENTAL Client Reference 4 Organization name: Contact and title: Address: Phone number: Effective date of contract: Description of services provided: Reason for termination: FORMER GOVERNMENTAL Client Reference 5 Organization name: Contact and title: Address: Phone number: Effective date of contract: Description of services provided: Reason for termination: 3.5 Local Presence Please provide addresses of locations within the City limits. 3.6 Fee Schedule The attached Excel file named Monthly Pricing Summary Form must be completed. By submission of its application, prices must be guaranteed for the initial term of the Depository Services Agreement as well as any option years. Submission of an Incomplete Monthly Pricing Summary Form shall be grounds for rejection of the entire application. Section 4.0 Application Format and Organization This section provides specific instructions on format and organization of the application to be submitted by the Applicant. Each Applicant may submit only one application in a totally self-supporting format without reference to any other application(s). 4.1 General Instructions A. To provide for ease and uniformity and to aid in the evaluation of applications, Applicants shall comply with the sequence outlined herein. IN NUMBERING APPLICATIONS, THE APPLICANT SHALL USE THE SAME SECTION NUMBERS AND TITLES AND SHALL PROVIDE ITS RESPONSES IN THE SAME ORDER AS EACH QUESTION IS NUMBERED AND ORDERED HEREIN. Failure to comply may result in rejection of the application. The application shall be completed in sections, which are described below. B. Applicant should be aware that all technical and operational specifications, equipment descriptions and marketing material submitted or made available will be incorporated by reference into any contract(s) resulting herefrom. The City discourages the inclusion of general marketing material or equipment manuals unless they are used to provide specific information or specifically requested by the City. 4.2 Application Format A. This section outlines the minimum requirements for preparation and presentation of an application. B. The Applicant shall define the capabilities of their organization to supply and maintain the services as requested in this RFA. The response should be specific and complete in every detail and prepared in a simple and straightforward manner. C. Applicants are expected to examine the entire RFA including all specifications, standard provisions, instructions and attachments. Failure to do so will be at the Applicant's risk. Applicants should provide their best pricing for each type of service set out herein. 4.3 Transmittal Letter A. The transmittal letter shall be the first item in your application and shall indicate the intention of the Applicant to adhere to the provisions described in the RFA. The transmittal letter MUST: 1. Be presented on company letterhead; 2. Identify the submitting organization; 3. Acknowledge receipt of any addenda to this RFA; 4. Identify, by name and title, and be signed by the person authorized by the organization to obligate the organization contractually B. The second item in the application must be a Table of Contents listing titles, sections and major sub -sections. All pages shall have a unique identifier and be numbered sequentially. C. The third item in the applications must be the City of Corpus Christi's Disclosure of Interest. D. The fourth item in the application must be the City of Corpus Christi's Business Designation Form. E. The fifth item in the application must be your actual proposal and associated documents, including the completed Excel file named Monthly Pricing Summary Form. 4.4 Service Agreement A sample SERVICE AGREEMENT is attached hereto that the successful Applicant will be required to sign. With the exception of certain terms and conditions which may be modified by mutual agreement between the City and the Applicant prior to final execution of the Contract, the final SERVICE AGREEMENT will conform to the SERVICE AGREEMENT included in this RFA. THIS SECTION INTENTIONALLY LEFT BLANK Section 5.0 Application Evaluation 5.1 Evaluation Committee An Evaluation Committee ("Committee") will be established to assist the City Treasurer in the selection of a qualified Applicant. The Committee will determine the responsiveness and acceptability of each application. The Committee will then engage in a detailed review of each application to evaluate the response in relation to the five (5) major evaluation factors identified in Section 5.2. 5.2 Evaluation Criteria A. The application evaluation and selection process will be based on the following criteria: 1) Technical Solution, 2) Applicant's Profile & Qualifications, 3) Local Presence, 4) Fee Schedule and 5) Exceptions. The final weight assigned to each of these parameters will be determined by the Evaluation Committee and will be within the ranges for each criterion as indicated below. Some of the criteria contained within this model may look similar to the following Proposed Evaluation Model. Each Applicant shall provide detailed responses including reference to any existing "in-house" procedures, policies, etc. as they reference all requirements of this RFA. In determining most advantageous and best value to the City, the Evaluation Committee will evaluate the entire application, including, but not limited to, the criteria enumerated in Sections 3.3, 3.4, 3.5 and 3.6 of this RFA and any exceptions taken. Technical Solution (Section 3.3) 10-20% Applicant's Profile & Qualifications (Section 3.4) 15-25 % Local Fee Presence Schedule (Section 3.5) 5-10% (Section 3.6) 40-50% Exceptions Total (Exceptions Form) 5-10% 100% B. The Evaluation Committee shall determine the final percentage assigned to each proposed evaluation criterion. In no case shall the percentage assigned to each criterion be smaller or greater than the stated minimum or maximum, respectively. The sum of the final percentages for all criteria shall equal 100%. C. The Applicant's failure to provide information relative to the above criteria may result in the City deeming such application non-responsive and may, at the discretion of the Committee, as defined in the paragraphs above, result in elimination of said application from further consideration. The Committee reserves the right to conduct other evaluation and measurements of the applications as may be necessary to make an informed decision. EXCEPTIONS Applicant: Document Exceptions Applicant shall clearly state the exception and the reason for taking exception. Applicant shall describe each item and state clearly any price consequences. Important Note: The Applicant must complete this form. If the Applicant has no objection or exception, the Applicant must indicate "NONE" on this page. Applicant's Authorized Signature: Name of Applicant's Authorized Representative: (Print) Telephone Number (_ _ _) _ _ _ _ Date: / / EXHIBIT D Exhibit D — Applicant's/Depository's Response to Request for Applications Event No.: 87 (Upon Request) AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 8, 2015 Second Reading Ordinance for the City Council Meeting of December 15, 2015 DATE: TO: November 25, 2015 Ronald L. Olson, City Manager FROM: Susan K. Thorpe, Assistant City Manager Sthorpe@cctexas.com 361-826-3898 Amending the Code of Ordinances to create the City of Corpus Christi Infill Housing Incentive Program (IHIP) CAPTION: Ordinance amending the Corpus Christi Code of Ordinances by adding a new chapter, Chapter 20, Housing; Creating Chapter 20, Article I — IN GENERAL; Creating Chapter 20, Article II — INFILL HOUSING INCENTIVE PROGRAM to set forth requirements, procedures and incentives for the development of new home construction in existing Community Development Block Grant (CDBG) neighborhoods; providing for severance; and providing an effective date. PURPOSE: The purpose of this item is to amend the Corpus Christi Code of Ordinances to create the Corpus Christi Infill Housing Incentive Program (IHIP). The purpose of the THIP is to promote and encourage new home construction in existing CDBG neighborhoods on privately owned vacant lots and City owned vacant lots. This program applies to targeted areas where existing street and utility infrastructure is available to promote the development of single-family residential homes. The Housing & Community Development Department will administer the application process and determine eligibility of lots for the program. The Real Estate Division will administer the sale of land. The Development Services Department will ensure compliance with development requirements and track waived fees. BACKGROUND AND FINDINGS: Based on the City Council direction from Housing Workshop #4 presented on November 10, 2015, City staff are bringing forward the Infill Housing Incentive Program (IHIP) for Council discussion and possible adoption. The effective date of THIP will be immediately upon second reading, which is scheduled for the December 15 Council meeting. Once adopted, staff will implement and publicize the Infill Housing Incentive Program, put out bid documents in line with program guidelines and a list of available City -owned lots, with minimum bid amounts. Staff will evaluate bids and award each lot separately. Staff will provide periodic progress reports to City Council with results and recommendations. ALTERNATIVES: Do not create Infill Housing Incentive Program; rely on market conditions to create housing opportunities. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: • Draft Plan CC 2035 Element 4 — Housing and Neighborhoods: High-quality, safe, connected and diverse neighborhoods provide a variety of living choices. • City Council 3rd Priority - Downtown Revitalization, Including Well Designed, Tailored Incentives, Homeless & Housing Policies, Incentive Options for Mixed Use Development Such as TIF Gap Financing, & Improved Lighting & Safety EMERGENCY / NON -EMERGENCY: Non -emergency item. DEPARTMENTAL CLEARANCES: 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 BALANCE Comments: RECOMMENDATION: Staff recommends adoption of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance — Infill Housing Program Infill Housing Incentive Program — Guidelines & Application Ordinance Amending the Corpus Christi Code of Ordinances by adding a new chapter, Chapter 20, Housing; Creating Chapter 20, Article I — IN GENERAL; Creating Chapter 20, Article II — INFILL HOUSING INCENTIVE PROGRAM to set forth requirements, procedures and incentives for the development of new home construction in existing Community Development Block Grant (CDBG) neighborhoods; providing for severance; and providing an effective date. WHEREAS, the City Council desires to promote new home construction in areas where existing street and utility infrastructure is available; and WHEREAS, the objectives of implementing this program are to: 1 utilize abandoned and/or nonconforming vacant property, 2. provide greater opportunities for decent, affordable housing 3. revitalize existing neighborhoods by building homes on vacant lots 4. generate revenues by returning these properties to the tax rolls, and 5. reduce Code Enforcement abatement expense; and WHEREAS, Section 272.001 of the Texas Local Government code sets out the manner in which the sale of land owned by a political subdivision may be sold and the City Council desires to utilize such procedures in this program. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The Corpus Christi Code of Ordinances is amended by adding Chapter 20. Housing. Article I — IN GENERAL, as follows: Chapter 20 Housing Article I — IN GENERAL Sec. 20-1. - Definitions. As used in this chapter: (1) CITY means City of Corpus Christi (2) FAIR MARKET VALUE means the price the property will bring when offered for sale by one who desires to sell, but is not obligated to sell, and is bought by one who desires to buy, but is under no necessity of buying. For property sold pursuant to a competitive bid process, the highest bid is determinative of the property's fair market value, unless otherwise specified in this Chapter. (3) HOUSING UNIT means a newly constructed on site, single family home that meets the values and type of improvements set forth in the Program Guidelines. This does not include a mobile home or a prebuilt home. (4) INFILL HOUSING means the insertion of new residential housing units on an infill lot located in an already approved subdivision or neighborhood. (5) INFILL HOUSING INCENTIVE PROGRAM means a program approved by City Council that promotes and encourages new home construction in existing Community Development Block Grant (CDBG) neighborhoods. (6) INFILL LOT means a privately owned or City owned vacant lot or two non- conforming vacant lots that that have been administratively replat to remove the lot line, located in the CDBG designated areas within the City of Corpus Christi. (7) PROGRAM GUIDELINES means guidelines adopted by resolution of the City Council for the operation of the Infill Housing Incentive Program. SECTION 2. The Corpus Christi Code of Ordinances is amended by adding Chapter 20. Housing. Article II — INFILL HOUSING INCENTIVE PROGRAM, as follows: Sec. 20-2. - Title This article shall be known as the infill housing ordinance or the Infill Housing Incentive Program (IHIP). Sec. 20-3. - Purpose This article is specifically intended to assist in the development of abandoned and/or nonconforming vacant lots where street and utility infrastructure already exist in the city, expand the local tax base, provide decent affordable housing, revitalize existing neighborhoods and reduce Code Enforcement abatement expense. Sec. 20-4. — Program Guidelines (A) The City Council by resolution shall adopt guidelines for the Infill Housing Incentive Program, including, but not limited to: (1) the minimum values and type of improvements to be constructed; (2) additional eligibility criteria; (3) additional incentives, if any, offered by the City to assist the program; (4) description of department responsibilities; and (5) procedures for the sale of City owned infill lots. (B) Program guidelines may be revised at any time by resolution of the City Council. Sec. 20-5. — Eligibility Criteria (A) Criteria for participation in the IHIP include: (1) Submission of a completed IHIP Application to the Housing and Community Development Department and (2) Applicants must meet all additional criteria specified in the Program Guidelines. (B) Additional criteria for City owned infill lots: (1) Builder must purchase the infill lots from the City through a competitive bid process and (2) Builder must comply with all additional criteria specified in the Program Guidelines. Sec. 20-6. — Sale of City Owned Infill Lots by Bid (A) Selected City owned infill lots will be advertised and sold for fair market value through a sealed bid process in accordance with Section 272.001 of the Texas Local Government Code. (B) Bids must confirm to the bid procedures and specifications set forth in the published notice of sale. (C) Infill lots will be awarded to the highest bidder. However, the City reserves the right to accept a bid that is lower than the highest bid received if the highest bidder does not meet the criteria of Section 20-5(B) and the City has determined that a lower bid provides the best benefit for the taxpayers of the City. (D) If the City accepts a bid that is lower than the highest bid received, as described above, then such bid will be deemed the fair market value of the property. (E) Bidder awarded the infill lot will comply with all requirements specified in the Program Guidelines. Sec. 20-7. — IHIP Incentives Applicants who have received approval of their IHIP application will receive incentives specified in the Program Guidelines. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section paragraph subdivision clause phrase word or provision of this ordinance for it is the definite intent of this City Council that every section paragraph subdivision clause phrase word or provision hereof be given full force and effect for its purpose. SECTION 4. This ordinance takes effect upon final passage. 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 * Updated Draft 11-30-15 City of Corpus Christi Infill Housing Incentive Program (IHIP) Program Guidelines Table of Contents Table of Contents 1 1. Purpose 2 2. Benefits 2 3. Definitions 2 4. Eligibility Criteria 2 5. Incentives 3 7. Department Responsibilities 3 8. Other Conditions 4 Map of CDBG Boundaries 5 APPLICATION 6 Infill Housing Incentive Program — Final Draft Page 1 11-30-15 City of Corpus Christi Infill Housing Incentive Program (IHIP) Guidelines 1. Purpose The purpose of the Corpus Christi Infill Housing Incentive Program (IHIP) is to promote and encourage new home construction in existing CDBG neighborhoods on privately owned vacant lots and City owned vacant lots. This program applies to targeted areas where existing street and utility infrastructure is available to promote the development of single- family residential homes. The Housing & Community Development Department will administer the application process and determine eligibility of lots for the program. The Real Estate Division will administer the sale of land. The Development Services Department will ensure compliance with development requirements and track waived fees. 2. Benefits • Utilizes abandoned and/or nonconforming vacant property • Once established, properties are completely self-sufficient • Helps fulfill housing needs in an affordable price range • Revitalizes existing neighborhoods • Adds to the assessed value rolls, increasing future City property tax revenue • Improves maintenance of properties and potentially reduces crime • Reduces Code Enforcement abatement expense 3. Definitions "Infill lot" or "infill housing" is the insertion of additional housing units into an already approved subdivision or neighborhood. Specifically for this Infill Housing Incentive Program, this means the construction of new residential housing units built on site on a vacant lot or built on two non -conforming lots by re -platting through an administrative plat to remove the lot line, in Community Development Block Grant (CDBG) designated areas within the City of Corpus Christi. 4. Eligibility Criteria For all vacant properties, private and city -owned: • Must be within the City's Community Development Block Grant (CDBG) designated areas — see map below • Must meet the definition of infill lots • Must be in one of the following single family residential zones: o RS -15, RS -10, RS -6 and RS -4.5 (see Unified Development Code for definitions) • Must not be in an airport overflight zone or the Navy's Air Installations Compatible Use Zones (AICUZ), which includes the Accident Potential Zones (APZ) and Clear Zones • Home construction must begin within 120 days of sale. • Home construction must be completed and receive Certificate of Occupancy within 6 months of construction start date. • Must meet all building standards and Unified Development Code requirements • Must result in a newly constructed, on site, single family home with finished floor plan of 900 to 1300 square feet o No mobile homes, no prebuilt homes moved onto the site Infill Housing Incentive Program — Final Draft Page 2 11-30-15 • Will be subject to all permit requirements • Sales price or finished home value of $50,000 - $100,000 Additional criteria for City owned vacant properties: • Properties will be made available to builders through a competitive bid process with a defined minimum bid. • Builder must demonstrate experience to complete the project in a professional manner and to a standard appropriate for the community. • Builder must demonstrate financial capability. • Builder must enter into an agreement with City accepting all program requirements and City rules and regulations. • Builder must offer a limited builder's warranty to the homeowner acceptable to the City of Corpus Christi and compliant with State and Federal regulations. • Home construction must begin within 120 days of sale. • Home construction must be completed and receive Certificate of Occupancy within 6 months of construction start date. • Lot sale will be completed upon closing of the home sale. 5. Incentives • Waiver of fees, which include building permit, platting and zoning fees. • Waiver of Water, Wastewater and Gas tap fees. • City will provide up to two roll -off containers at City's actual cost during construction 6. Sale of City owned Lots by Bid a. The selected City owned lots will be advertised and sold through a bid process with a minimum bid value. b. Bidders will be required to submit a $100 option contract for each lot for an option period not to exceed 120 days from the date of sale. c. Bidders may bid on one or more lots. d. Monies collected through the sale will be deposited in a Fund to be used to pay Development Services permitting fees and lot maintenance prior to sale, if any. e. Buyers will be required to start the construction on one lot before the end of the option period (120 calendar days) or the lot(s) will revert to the City for resale or for sale to the second highest bidder. f. Buyers can extend the option period with approval of the City Manager or his designee. g. City will convey the lot through a subordination agreement. 7. Department Responsibilities a. Executive/Management is responsible to: 1) Establish program objectives and develop implementation procedures. 2) Report to City Council the results of the program on at least an annual basis. b. Housing and Community Development (HCD) Department Director is responsible to: 1) Manage the overall program to meet housing needs of the community. 2) Administer the Infill Housing Incentive Program and procedures, and present a briefing to the City Council at least annually. 3) Update website information about this program. Infill Housing Incentive Program — Final Draft Page 3 11-30-15 4) Work with Finance to establish a General Fund special fund with accounts to track revenues from sale of city owned lots and expenditures to pay Development Services the amount of waived fees. 5) Confirm applicant's eligibility for program, and work with Development Services to mark the permit as "Infill Housing" for appropriate permit review and waiver of fees. c. City Legal Department is responsible to: 1) Prepare and review all documents to ensure compliance with Local Government Code, City ordinances, and the City Charter. d. Real Estate Division of Engineering is responsible to: 1) Prepare bid documents for the sale of city owned lots individually or in packages, as appropriate. Multiple lots may be packaged based on appraised value and location. 2) Receive and open bids at a specified time and place. 3) Award bid based on best value and notify responsive bidders. 4) Prepare a subordination agreement for the lot to the builder for closing. 5) Set the minimum price of the lot in the bid. e. Development Services is responsible to: 1) Ensure waiver of all permit fees to include platting, building, and inspection fees. 2) Ensure waiver of all water, wastewater, and gas tap fees. All utilities will be installed at City expense. 8. Other Conditions a. This program will be monitored and assessed for viability and may be discontinued at the discretion of the City of Corpus Christi. b. The City will comply with the Tax Code Sec 34.051 Resale by taxing unit for the purpose of urban development. Infill Housing Incentive Program — Final Draft Page 4 11-30-15 Corpus Christi Community Development Block Grant (CDBG) Boundaries, as of November 2015 Infill Housing Incentive Program — Final Draft 11-30-15 Page 5 City of Corpus Christi Infill Housing Incentive Program APPLICATION 1. Application must be completely filled out by the applicant. 2. Proposed "Infill" lot must be a single family dwelling within existing the Community Development Block Grant Eligible Census Tracts in Corpus Christi. 3. Applicant must submit the below Application along with a $100.00 processing fee made payable to City of Corpus Christi. Deliver the completed form to Housing & Community Development for processing, City Hall 2nd Floor, 1201 Leopard Street, Corpus Christi, Texas 78401 Applicant Name: Applicant Mailing Address: State: Zip Code: Primary Phone #: Secondary Phone #: E -Mail: Proposed Infill Lot Address: Proposed Project Description: Attach proof of property ownership: Required Information: Lot Size: Property/Parcel ID: Proposed Level of Investment: $ Property Zoning: Project Start Date: Project Completion Date: Applicant Signature: Date: HCD STAFF ONLY: ❑ Applicant meets all eligible criteria. ❑ Application fully completed. ❑ Residential housing unit to be built. ❑ Property is in appropriate Residential zone REVIEWED BY: COMMENTS: SUBMIT THIS PAGE ONLY Infill Housing Incentive Program — Final Draft 11-30-15 Page 6 City Infill Housing Incentive Program (IHIP) and Type A Pilot Program City Council Meeting - December 8, 2015 Council Direction - November 17, 2015 1. Bring to City Council for Discussion and Adoption: • City Infill Housing Incentive Program (IHIP) • Type A Pilot Program 2. Implement Both Infill Housing Incentive Program and Type A Pilot Program 3. Provide Periodic Progress Reports to City Council With Results and Recommendations City Infill Housing Incentive Program Overview • Applies to All Single Family Infill Lots Within CDBG Boundaries, whether Private or City -Owned • Provides Incentives and Fee Waivers to All Owners • Sale of City -Owned Lots Will Be Through a Bid Process City Infill Housing Incentive Program Benefits: • Utilizes Abandoned, and/or Nonconforming Vacant Property • Helps Fulfill Housing Needs • Revitalizes Neighborhoods • Increases Future City Property Tax Revenue • Reduces Code Enforcement Abatement Expense City Infill Housing Incentive Program Program Guidelines: • Vacant Properties Within the City's CDBG Boundaries (Beginning With City Owned Lots) • Competitive Bid Process; Meet Minimum Building Specifications • Builder Experience and Financial Capability • Build According to City of Corpus Christi Unified Development Code • Single Family Home — 900 to 1300 Square Feet • Construction Must Begin Within 120 Days of Sale; Completed Within 6 Months • Sales Price Subject to Market Rates (Estimate of $80,000 - $100,000) 5 Type A Pilot Program Type A Pilot Program • September 21 - The Type A Board Approved Funding to Construct a Small Home within CDBG Boundaries • Construction Contract Will be Advertised for Bid • Once Constructed, House Will be Sold to Buyer Who Qualifies Under HUD Guidelines • Sale Price Would Include the Bid Price Plus Nominal Costs for Land and Fees • Potential for Homebuyer Assistance Programs offered by Housing & Community Development Department What Happens Next? ■ City Infill Housing Incentive Program (IHIP) > Dec. 8 and Dec. 15 Council action (ordinance and resolution) > Dec. 16 implementation ■ Type A Pilot Program (HUD Restrictions) > Dec. 8 and Dec. 15 Council action (resolution) > Type A approval Dec. 14 > Dec. 16 implementation City Infill Housing Incentive Program Type A Pilot Project Thank You *** AGENDA MEMORANDUM Future Item for the City Council Meeting of December 8, 2015 Action Item for City Council Meeting December 15, 2015 DATE: 11/25/2015 TO: Ronald L. Olson, City Manager FROM: Susan Thorpe, Assistant City Manager SThorpeQcctexas.com 361-826-3898 Resolution to approve the Affordable Housing — Type A Pilot Program. CAPTION: Resolution Approving the Affordable Housing - Type A Pilot Program which uses Type A funds for up front/interim construction costs for a qualified builder to construct a new affordable home for an income -qualified homebuyer. PURPOSE: The purpose of the resolution is to request approval from City Council for the proposed Affordable Housing — Type A Pilot Program. BACKGROUND AND FINDINGS: On September 21, 2015 the Corpus Christi Business and Job Development Corporation (Type A) passed a motion to allocate $100,000 of funds from the Available for Projects line item into an the Type A Pilot Program. On November 10, 2015, City staff made a presentation to City Council on a proposed Type A Pilot Program. City staff have met with local builders to receive input in regards to the structure and overall ability of the program to be a success. The attached guidelines serve as the City's effort to promote and encourage the building of homes on vacant lots which will serve as an opportunity to revitalize neighborhoods where vacant lots exist. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The approval of the proposed guidelines will bring this request into conformation with the Type A Board policies and procedures. EMERGENCY / NON -EMERGENCY: This item is non -emergency. DEPARTMENTAL CLEARANCES: Housing and Community Development, Development Services and 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 $100,000 $100,000 Encumbered / Expended Amount This item BALANCE $100,000 $100,000 Fund(s): Comments: N/A RECOMMENDATION: Staff recommends the approval of the Affordable Housing — Type A Pilot Program. LIST OF SUPPORTING DOCUMENTS: Type A Pilot Program and Application Resolution — Type A Pilot Program Resolution Approving the Affordable Housing — Type A Pilot Program which uses Type A funds for up front/interim construction costs for a qualified builder to construct a new affordable home for an income - qualified homebuyer. WHEREAS, the Corpus Christi Business and Job Development Corporation (Type A) passed a motion to allocate $100,000, of funds from the Available for Projects line item into the Type A Pilot Program; WHEREAS, the City Council desires to provide more opportunities for decent, affordable housing for its citizens; and WHEREAS, the Affordable Housing — Type A Pilot Program establishes the program guidelines and application criteria for the program. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Approves the Affordable Housing — Type A Pilot Program which uses Type A funds for up front/interim construction costs for a qualified builder to construct a new affordable home for an income -qualified homebuyer. 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 Draft 12-2-15 *** CITY OF CORPUS CHRISTI Corpus Christi Business and Job Development Corporation Affordable Housing - Type A Pilot Program City of Corpus Christi EQUAL FIOU oPPOfiTUPITT Corpus Christi Business and Job Development Corporation Affordable Housing — Type A Pilot Program Program Guidelines and Application Criteria Purpose The purpose of the Type A Pilot Program is to promote and encourage local home builders to build new homes on vacant lots within the boundaries of the City of Corpus Christi. This program applies to vacant lots where existing street and utility infrastructure are available to promote the development of single-family residential homes. II. General Program Description: The Type A Pilot Program (Program) funding is available to qualified builders for the purpose of building an affordable home for an income -qualified homebuyer. The Program will provide a qualified builder the "up front/interim" construction costs for the new construction of a single family residential home on a vacant lot provided by the City. The Program will provide qualified builders with plans and specifications for the home. The qualified builders will submit, through a bid process, the bids for the home. The City will accept the lowest qualified bid. The builder will work with a qualified homebuyer, who will seek a loan for the home. Upon securing a home loan, the builder will return the "up front" construction costs back to the City. The maximum amount available for a new construction single family residential home is: $70,000 per two bedroom dwelling $80,000 per three bedroom dwelling $90,000 per four bedroom dwelling This program can be combined with the ability of the homebuyer to apply for the City's existing Type A Homebuyer Assistance Program for up to $10,000 for down payment and buy down costs and the $5,000 HOME Assistance Program for up to $5,000 in closing costs III. Builder Eligibility: The City of Corpus Christi will review the federal "Debarred" list of contractors and subcontractors for clearance to proceed as assurance we are working with creditable contractors. The City will also check the status of the builder with the Texas Residential Construction Commission's website, which will provide the builder's registration status as of August 31, 2009. This information will be used to decide if further inquiry is needed to determine whether the builder is capable of meeting the program's expectations. Type A Pilot Program - Draft 2 December 2, 2015 IV. Construction Standards: • The work will be performed in accordance with the most current applicable City Technical Construction Codes, including the Energy Code. • The house must comply with the State Board of Insurance Windstorm Codes. • The house must meet FHA and VA requirements. • The house cannot be located in a 100 year flood plain. V. Program Incentives: • City -provided vacant lot for construction o Lot will be conveyed to homebuyer on closing • Type A funding as interim loan construction • Waiver of fees, which include building permit, platting and zoning fees. • Waiver of Water, Wastewater and Gap tap fees. VI. Application Criteria and Process: Builders will be required to submit an application (below) requesting the use of funds. Type A Pilot Program - Draft 3 December 2, 2015 Type A Pilot Program APPLICATION 1. Application must be completely filled out by the builder. 2. Proposed New Construction lot must be a single family dwelling on a vacant lot provided by the City. 3. Builder must submit the below Application to Housing & Community Development for processing, City Hall 2nd Floor, 1201 Leopard Street, Corpus Christi, Texas 78401. Builder Name: Builder Mailing Address: State: Zip Code: Primary Phone #: Secondary Phone #: E -Mail: Lot Address: Proposed Project Description: Required Information: Project Start Date: Project Completion Date: Builder Signature Date HCD STAFF ONLY: ❑ Applicant meets all eligible criteria. ❑ Application fully completed. ❑ Residential housing unit to be built. ❑ Property is in appropriate Residential zone REVIEWED BY: COMMENTS: Type A Pilot Program - Draft December 2, 2015 SUBMIT THIS PAGE ONLY 4 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 8, 2015 Action Item for the City Council Meeting of December 15, 2015 DATE: TO: December 1, 2015 Ronald L. Olson, City Manager FROM: Susan K. Thorpe, Assistant City Manager Sthorpe@cctexas.com 361-826-3898 Resolution Approving the Program Guidelines for the Infill Housing Incentive Program (IHIP). CAPTION: Resolution Approving the Program Guidelines for the Infill Housing Incentive Program (IHIP). PURPOSE: The purpose of this item is to adopt a resolution approving the program guidelines for the Corpus Christi Infill Housing Incentive Program (IHIP). The purpose of the IHIP is to promote and encourage new home construction in existing CDBG neighborhoods on privately owned vacant lots and City owned vacant lots. This program applies to targeted areas where existing street and utility infrastructure is available to promote the development of single-family residential homes. The Housing & Community Development Department will administer the application process and determine eligibility of lots for the program. The Real Estate Division will administer the sale of land. The Development Services Department will ensure compliance with development requirements and track waived fees. BACKGROUND AND FINDINGS: Based on the City Council direction from Housing Workshop #4 presented on November 10, 2015, City staff are bringing forward the Infill Housing Incentive Program (IHIP) for Council discussion and possible adoption. The effective date of IHIP will be immediately upon second reading, which is scheduled for the December 15 Council meeting. Once adopted, staff will implement and publicize the Infill Housing Incentive Program, put out bid documents in line with program guidelines and a list of available City -owned lots, with minimum bid amounts. Staff will evaluate bids and award each lot separately. Staff will provide periodic progress reports to City Council with results and recommendations. ALTERNATIVES: Do not create Infill Housing Incentive Program; rely on market conditions to create housing opportunities. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: • Draft Plan CC 2035 Element 4 — Housing and Neighborhoods: High-quality, safe, connected and diverse neighborhoods provide a variety of living choices. • City Council 3rd Priority - Downtown Revitalization, Including Well Designed, Tailored Incentives, Homeless & Housing Policies, Incentive Options for Mixed Use Development Such as TIF Gap Financing, & Improved Lighting & Safety EMERGENCY / NON -EMERGENCY: Non -emergency item. DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Comments: RECOMMENDATION: Staff recommends adoption of the ordinance. LIST OF SUPPORTING DOCUMENTS: Resolution Infill Housing Incentive Program Guidelines Resolution Approving the Program Guidelines for the Infill Housing Incentive Program (IHIP). WHEREAS, the City Council has adopted an Ordinance for the Infill Housing Incentive Program and the Program Guidelines set forth procedures for administration of the IHIP. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Approves the Program Guidelines for the IHIP. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn * Updated Draft 11-30-15 City of Corpus Christi Infill Housing Incentive Program (IHIP) Program Guidelines Table of Contents Table of Contents 1 1. Purpose 2 2. Benefits 2 3. Definitions 2 4. Eligibility Criteria 2 5. Incentives 3 7. Department Responsibilities 3 8. Other Conditions 4 Map of CDBG Boundaries 5 APPLICATION 6 Infill Housing Incentive Program — Final Draft Page 1 11-30-15 City of Corpus Christi Infill Housing Incentive Program (IHIP) Guidelines 1. Purpose The purpose of the Corpus Christi Infill Housing Incentive Program (IHIP) is to promote and encourage new home construction in existing CDBG neighborhoods on privately owned vacant lots and City owned vacant lots. This program applies to targeted areas where existing street and utility infrastructure is available to promote the development of single- family residential homes. The Housing & Community Development Department will administer the application process and determine eligibility of lots for the program. The Real Estate Division will administer the sale of land. The Development Services Department will ensure compliance with development requirements and track waived fees. 2. Benefits • Utilizes abandoned and/or nonconforming vacant property • Once established, properties are completely self-sufficient • Helps fulfill housing needs in an affordable price range • Revitalizes existing neighborhoods • Adds to the assessed value rolls, increasing future City property tax revenue • Improves maintenance of properties and potentially reduces crime • Reduces Code Enforcement abatement expense 3. Definitions "Infill lot" or "infill housing" is the insertion of additional housing units into an already approved subdivision or neighborhood. Specifically for this Infill Housing Incentive Program, this means the construction of new residential housing units built on site on a vacant lot or built on two non -conforming lots by re -platting through an administrative plat to remove the lot line, in Community Development Block Grant (CDBG) designated areas within the City of Corpus Christi. 4. Eligibility Criteria For all vacant properties, private and city -owned: • Must be within the City's Community Development Block Grant (CDBG) designated areas — see map below • Must meet the definition of infill lots • Must be in one of the following single family residential zones: o RS -15, RS -10, RS -6 and RS -4.5 (see Unified Development Code for definitions) • Must not be in an airport overflight zone or the Navy's Air Installations Compatible Use Zones (AICUZ), which includes the Accident Potential Zones (APZ) and Clear Zones • Home construction must begin within 120 days of sale. • Home construction must be completed and receive Certificate of Occupancy within 6 months of construction start date. • Must meet all building standards and Unified Development Code requirements • Must result in a newly constructed, on site, single family home with finished floor plan of 900 to 1300 square feet o No mobile homes, no prebuilt homes moved onto the site Infill Housing Incentive Program — Final Draft Page 2 11-30-15 • Will be subject to all permit requirements • Sales price or finished home value of $50,000 - $100,000 Additional criteria for City owned vacant properties: • Properties will be made available to builders through a competitive bid process with a defined minimum bid. • Builder must demonstrate experience to complete the project in a professional manner and to a standard appropriate for the community. • Builder must demonstrate financial capability. • Builder must enter into an agreement with City accepting all program requirements and City rules and regulations. • Builder must offer a limited builder's warranty to the homeowner acceptable to the City of Corpus Christi and compliant with State and Federal regulations. • Home construction must begin within 120 days of sale. • Home construction must be completed and receive Certificate of Occupancy within 6 months of construction start date. • Lot sale will be completed upon closing of the home sale. 5. Incentives • Waiver of fees, which include building permit, platting and zoning fees. • Waiver of Water, Wastewater and Gas tap fees. • City will provide up to two roll -off containers at City's actual cost during construction 6. Sale of City owned Lots by Bid a. The selected City owned lots will be advertised and sold through a bid process with a minimum bid value. b. Bidders will be required to submit a $100 option contract for each lot for an option period not to exceed 120 days from the date of sale. c. Bidders may bid on one or more lots. d. Monies collected through the sale will be deposited in a Fund to be used to pay Development Services permitting fees and lot maintenance prior to sale, if any. e. Buyers will be required to start the construction on one lot before the end of the option period (120 calendar days) or the lot(s) will revert to the City for resale or for sale to the second highest bidder. f. Buyers can extend the option period with approval of the City Manager or his designee. g. City will convey the lot through a subordination agreement. 7. Department Responsibilities a. Executive/Management is responsible to: 1) Establish program objectives and develop implementation procedures. 2) Report to City Council the results of the program on at least an annual basis. b. Housing and Community Development (HCD) Department Director is responsible to: 1) Manage the overall program to meet housing needs of the community. 2) Administer the Infill Housing Incentive Program and procedures, and present a briefing to the City Council at least annually. 3) Update website information about this program. Infill Housing Incentive Program — Final Draft Page 3 11-30-15 4) Work with Finance to establish a General Fund special fund with accounts to track revenues from sale of city owned lots and expenditures to pay Development Services the amount of waived fees. 5) Confirm applicant's eligibility for program, and work with Development Services to mark the permit as "Infill Housing" for appropriate permit review and waiver of fees. c. City Legal Department is responsible to: 1) Prepare and review all documents to ensure compliance with Local Government Code, City ordinances, and the City Charter. d. Real Estate Division of Engineering is responsible to: 1) Prepare bid documents for the sale of city owned lots individually or in packages, as appropriate. Multiple lots may be packaged based on appraised value and location. 2) Receive and open bids at a specified time and place. 3) Award bid based on best value and notify responsive bidders. 4) Prepare a subordination agreement for the lot to the builder for closing. 5) Set the minimum price of the lot in the bid. e. Development Services is responsible to: 1) Ensure waiver of all permit fees to include platting, building, and inspection fees. 2) Ensure waiver of all water, wastewater, and gas tap fees. All utilities will be installed at City expense. 8. Other Conditions a. This program will be monitored and assessed for viability and may be discontinued at the discretion of the City of Corpus Christi. b. The City will comply with the Tax Code Sec 34.051 Resale by taxing unit for the purpose of urban development. Infill Housing Incentive Program — Final Draft Page 4 11-30-15 Corpus Christi Community Development Block Grant (CDBG) Boundaries, as of November 2015 Infill Housing Incentive Program — Final Draft 11-30-15 Page 5 City of Corpus Christi Infill Housing Incentive Program APPLICATION 1. Application must be completely filled out by the applicant. 2. Proposed "Infill" lot must be a single family dwelling within existing the Community Development Block Grant Eligible Census Tracts in Corpus Christi. 3. Applicant must submit the below Application along with a $100.00 processing fee made payable to City of Corpus Christi. Deliver the completed form to Housing & Community Development for processing, City Hall 2nd Floor, 1201 Leopard Street, Corpus Christi, Texas 78401 Applicant Name: Applicant Mailing Address: State: Zip Code: Primary Phone #: Secondary Phone #: E -Mail: Proposed Infill Lot Address: Proposed Project Description: Attach proof of property ownership: Required Information: Lot Size: Property/Parcel ID: Proposed Level of Investment: $ Property Zoning: Project Start Date: Project Completion Date: Applicant Signature: Date: HCD STAFF ONLY: ❑ Applicant meets all eligible criteria. ❑ Application fully completed. ❑ Residential housing unit to be built. ❑ Property is in appropriate Residential zone REVIEWED BY: COMMENTS: SUBMIT THIS PAGE ONLY Infill Housing Incentive Program — Final Draft 11-30-15 Page 6 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 8, 2015 Action Item for the City Council Meeting of December 15, 2015 DATE: December 08, 2015 TO: Ronald L. Olson, City Manager FROM: Maria Pedraza, Procurement Manager MariaP(c�cctexas.com (361) 826-3176 Pat Eldridge, Police Management Services Director Pat(c�cctexas.com (361) 886-2696 Resolution authorizing a purchase of a Digital Information Management System Hardware and Storage Upgrade CAPTION: Resolution authorizing the City Manager, or designee, to purchase a Digital Information Management System Server and storage upgrade from Linear Systems, Rancho Cucamonga, California, for a total cost of $50,164. The final cost includes a $10,000 trade in credit for the existing outdated hardware. Funds are being used by the Police Grant Fund 1061 for the fiscal year 2016. PURPOSE: To upgrade the current Digital Information Management System hardware purchased in 2007 with new hardware and current software version. The current hardware no longer supports the storage capacity that is required. BACKGROUND AND FINDINGS: On May 15, 2007 City Council authorized the purchase of the digital imaging management system. The digital imaging management system is fully customizable and will allow the Police Department's Forensic Services Division to digitally capture and archive photographs, documents, audio and video files used as evidence. The City is currently using the outdated hardware with free software upgrades which has limited storage space; the aging hardware must be replaced in order to increase the storage capacity. ALTERNATIVES: Use existing hardware with minimal to non-existent storage. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: The proposed purchase conforms to City purchasing policies and procedures. Linear Systems, is the sole provider of this hardware and storage. There are two statutory exceptions for this procurement in Local Government Code, Sections 252.022(a)(2) and (a)(7)(D), as this purchase is to preserve and protect the public safety of the residents and also is available from only one source due to copyrights as an upgrade of the current system. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Corpus Christi Police Department 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 $719,256.41 $0 $719,256.41 Encumbered / Expended Amount $229,233.77 $0 $229,233.77 This item $50,164.00 $0 $50,164.00 BALANCE $439,858.64 $439,858.64 Fund(s): Police Grant Fund 1061 Comments: RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Resolution authorizing the City Manager, or designee, to purchase a Digital Information Management System Server and storage upgrade from Linear Systems, of Rancho Cucamonga, California, for a total cost of $50,164. The final cost includes a $10,000 trade in credit for the existing outdated hardware. Funds are being used by Police Grant Fund 1061 for the fiscal year 2016. WHEREAS, the City purchased a digital information management system from Linear Systems, in 2007; WHEREAS, the current hardware can no longer support the storage capacity required and continuing hardware maintenance is limited, therefore, necessitating an upgrade of the system; WHEREAS, the new hardware will also require a storage upgrade; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; and WHEREAS, there are two statutory exceptions for this procurement in Local Government Code, Sections 252.022(a)(2) and (a)(7)(D), as this purchase is to preserve and protect the public safety of the residents and also is available from only one source due to copyrights as an upgrade of the current system. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or his designee, is authorized to purchase a digital information management system server and storage upgrade from Linear Systems, of Rancho Cucamonga, California, for a total cost of $50,164, which includes a $10,000 trade-in credit for the existing outdated hardware, such purchase to be paid for with funds from the No. 1061 Police Grant Fund for FY2015-2016. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Nelda Martinez, Mayor Corpus Christi, Texas day of , 20 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Page 2 of 2 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM 1. 2. DESCRIPTION Digital Informaiton Management System ImageServer and Storage Upgrade Trade In/Upgrade Credit PRICE SHEET PURCHASE OF DIGITAL INFORMATION MANAGEMENT SERVER AND STORAGE UPGRADE TOTAL QTY. 1 UNIT lot each Linear Systems Rancho Cucamonga, CA UNIT PRICE $60,164.00 EXTENDED PRICE $60,164.00 $10,000.00 $50,164.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 8, 2015 Action Item for the City Council Meeting of December 15, 2015 DATE: TO: FROM: November 18, 2015 Ronald L. Olson, City Manager Mike Markle, Interim Chief of Police mikema@cctexas.com 886-2603 Execute an amendment to the Radio Communications System Interlocal Agreement between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the Nueces County Emergency Services District #3 as a participant. CAPTION: Resolution authorizing the City Manager, or his designee, to execute an amendment to the Radio Communications System Interlocal Agreement between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the Nueces County Emergency Services District #3 as a participant. PURPOSE: The existing interlocal agreement must be modified to include the Nueces County Emergency Services District #3 (ESD#3) who wants to use the public safety radio system. BACKGROUND AND FINDINGS: The Nueces County ESD#3 has requested to use the radio system which is jointly owned by the City, RTA, and Nueces County. They will purchase equipment through the contracted vendor which are compatible with the radio system, they will pay all maintenance and user fees for each radio, they will provide hardware maintenance and technical support for radios and equipment owned by Nueces County ESD#3, maintain and provide an updated list of all radios they use, and pay the proportionate share of maintenance and insurance costs for the backbone of the radio system. ESD#3 will pay the City: 1. A one-time startup fee of $562 per radio 2. System annual service fees of $124.08 per radio per year beginning the second year of service 3. System monthly maintenance fees of $14.99 per control unit, $5.63 per mobile unit, and $5.63 per portable unit. The amount of funding is not available as the number of radios to be purchased is not yet known. Nueces County Commissioners Court will consider the interlocal agreement on December 16, 2015. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount 0 This item 0 BALANCE 0 Fund(s): General Comments: The amount of funding is not available as the number of radios to be purchased is not yet known. RECOMMENDATION: Staff recommends supporting the resolution. LIST OF SUPPORTING DOCUMENTS: Interlocal cooperation agreement Resolution 1 Resolution authorizing the City Manager, or his designee, to execute an amendment to the Radio Communications System Interlocal Agreement between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the Nueces County Emergency Services District #3 as a participant. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute an amendment to the Radio Communications System Interlocal Government Agreement, in compliance with Chapter 791 of the Government Code, between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the Nueces County Emergency Services District #3 as a participant. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Interlocal Cooperation Agreement between the City of Corpus Christi, Regional Transportation Authority, County of Nueces, and Nueces County Emergency Services District #3 For Radio Communications System (Fifth Amendment to the Radio Communications System Interlocal Agreement) This Interlocal Cooperation Agreement ("Agreement") is made by and between the City of Corpus Christi, Texas ("City"), a Texas home -rule municipal corporation, Regional Transportation Authority ("RTA"), a metropolitan transit authority under Article 1118x, V.A.T.S., the County of Nueces ("County"), a political subdivision of the State of Texas, and the Nueces County Emergency Services District #3 (Nueces County ESD #3), a political subdivision of the State of Texas, each acting herein by and through its duly authorized official, effective for all purposes upon the execution by all parties. WHEREAS, the City and RTA are parties to an Interlocal Cooperation Agreement dated September 23, 1991 (the "Radio Communications System Interlocal Agreement"), providing for the development and operation of an advanced 800 MHz public safety trunked radio system ("Radio System"); and WHEREAS, the City, RTA, and County are parties to an Interlocal Cooperation Agreement dated February 4, 1994 (the "Radio System Participation Agreement"), being the first amendment to the Radio Communications System Interlocal Agreement; WHEREAS, the City, RTA, and County entered into a Second Amendment to the Radio Communications System Interlocal Agreement with the City of Driscoll , a Third Amendment with the Nueces County Emergency Services District #4 and a Fourth amendment with the Nueces Jim Wells County Emergency Services District #5; WHEREAS, the City, RTA, and County have entered into Memorandums of Agreement with the Naval Air Station, and Port Industries Corpus Christi/ Port of Corpus Christi Authority allowing for their participation in the Radio Communications System; WHEREAS, the Nueces County Emergency Services District #3, a Texas Emergency Services District located within Nueces County, desires to use the Radio System developed by City and RTA and being utilized by City, RTA, County, and others; and WHEREAS, the parties desire to allow the Nueces County Emergency Services District #3 to participate in the Radio Communications System Interlocal Agreement, the original 1991 radio communications system agreement allowing for participation by other public entities. NOW, THEREFORE, BE IT AGREED BY THE CITY OF CORPUS CHRISTI, REGIONAL TRANSPORATION AUTHORITY, THE COUNTY OF NUECES AND THE NUECES COUNTY EMERGENCY SERVICES DISTRICT #3 ("Parties"): ARTICLE 1: RIGHTS, DUTIES AND RESPONSIBILITIES OF CITY, RTA, AND COUNTY 1. Operate an 800 MHz public safety trunked radio system ("Radio System"). 2. Provide maintenance and support to the Radio System. 3. Provide radio and equipment specifications to Nueces County ESD #3. 4. Provide or assign a Call Group on the Radio System for Nueces County ESD #3 if needed. ARTICLE 2: RIGHTS, DUTIES AND RESPONSIBILIITIES OF NUECES COUNTY ESD #3 1. Purchase or lease radios and equipment through the vendor contracted by City, RTA, and County which are compatible with the Radio System and conform to the specifications provided by City, RTA, and County. 2. Pay the maintenance and user fees to the City, RTA, and County for each radio that is added or supported by the Radio System. 3. Provide hardware maintenance and technical support for radios and equipment owned by Nueces County ESD #3. 4. Maintain and provide City, RTA, and County with a current and an updated list of all radios that Nueces County ESD #3 uses and are supported by the Radio System. 5. Pay proportionate share of maintenance and insurance costs for the backbone of the Radio System. ARTICLE 3: TERM AND TERMINATION This Agreement shall begin on the final date of execution by all parties for an initial term of one (1) year and automatically renew annually without further action of the parties. The City's City Manager, or his designee, is authorized to execute any and all subsequent renewals and amendments to this Agreement on behalf of the City, unless otherwise prohibited by law. This Agreement may be terminated at any time by any party upon ninety (90) days written notice to the other three parties. ARTICLE 4: PAYMENT AND CURRENT REVENUE A. Payment shall be made by Nueces County ESD #3 within thirty (30) days from receipt of the City, RTA, and County's request for expenses incurred in the performance of this Agreement. Any payment made by Nueces County ESD #3 for any of the services provided pursuant to this Agreement shall be made out of current revenues available to Nueces County ESD #3 as required by the Texas Interlocal Cooperation Act. B. Fees for system participation and maintenance to be paid by Nueces County ESD #3 are as follows: A one-time start up fee of $562 per radio System annual service fees: $124.08 per radio per year (beginning the second year of service) System monthly maintenance fees: (Number of Units x Rate per Unit) Control Units: Units x $14.99 Mobile Units: Units x $5.63 Portable Units: Units x $5.63 "Control units" include land-based radios in offices; "mobile units" include radios in vehicles; and "portable units" include radios carried on the officer. "Year," as used in this article, means the period beginning on the final execution date of this Agreement and concluding 365 days later. C. Within 10 days of the final execution date of this Agreement, Nueces County ESD #3 shall determine the number of radios and total count of units to be added to the Radio System and notify the City, RTA, and County of same. Once the radios and units are active in the Radio System, the one-time start up fees for radios placed into service and the initial month's unit maintenance fees will be billed to Nueces County ESD #3. At the beginning of each remaining month this Agreement is in force, Nueces County ESD #3 shall be invoiced for the previous month's monthly maintenance fees. Payment of the annual service fees is due, in advance, beginning on the first anniversary of the final execution date of this Agreement and on every yearly anniversary date thereafter. Nueces County ESD #3 may, but is not required to, pay the monthly maintenance fees in advance for any period of time up to 12 months or the annual anniversary date of the execution of this Agreement, whichever period occurs first in time. D. In the event of an early termination of this Agreement, any unearned funds paid to the City, RTA, and County by Nueces County ESD #3 will be refunded within 30 days of the termination date of the Agreement. A written final accounting will be provided to Nueces County ESD #3 along with the remittance payment. ARTICLE 5: LIABILITY Each party to this Agreement will be responsible for any civil liability for its own actions under this Agreement, except that nothing in this Agreement shall constitute a waiver or limitation on any immunity, defense, or other protection afforded either party under state or federal law. The liability, if any, of either party, shall be that prescribed by the laws of the State of Texas. ARTICLE 6: SEVERABILITY If any portion of this Agreement, or the application thereof to any person or circumstances, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of the Agreement shall not be affected thereby and shall continue to be enforceable in accordance with its terms. ARTICLE 7: NOTICES Notices allowed or required under this Agreement shall be addressed to and sent to the parties as indicated below, unless such address is changed by written notice to such effect, and any notice shall be effective when deposited in the U.S. mail, postage prepaid, certified, return receipt requested. CITY: Ronald Olson, City Manager 1201 Leopard Street Corpus Christi, TX 78401 RTA: COUNTY: Nueces Co. ESD #3: with a copy to: Mike Markel, Interim Chief of Police Corpus Christi Police Department 321 John Sartain Corpus Christi, TX 78401 Jorge Cruz-Aedo, Chief Executive Officer Regional Transportation Authority 5658 Bear Lane Corpus Christi, TX 78405 Loyd Neal, County Judge Nueces County Courthouse 901 Leopard Street, Room 303 Corpus Christi, TX 78401 Board President Justin Harris 4164 FM 70 Bishop TX 78343 ARTICLE 8: LAW AND VENUE All parties shall comply with all applicable federal, State, county and local laws, ordinances, rules, and regulations pertaining to this Agreement and each party's respective performance hereunder. This Agreement will be interpreted according to the Texas laws which govern the interpretation of contracts. Venue for an action arising under this Agreement shall lie in Nueces County, Texas, and be in accordance with the Texas Rules of Civil Procedure. ARTICLE 9: ENTIRE AGREEMENT AND WRITTEN AMENDMENT This Agreement represents the entire agreement between the parties and may not be modified by any oral agreements or understandings. Any amendments must be made in writing and signed by all parties. No officer or employee of any of the parties may waive or otherwise modify the limitations in this Agreement, without the express action of the governing body of the party. ARTICLE 10: ASSIGNMENT AND SUCCESSORS This Agreement shall be binding on and inure to the benefit of the parties to the Agreement and their respective successors and permitted assigns. This Agreement may not be assigned by any party without the written consent of all of the other parties. This Agreement does not create any personal liability on the part of any officer or agent of the City, RTA, County or Nueces County ESD #3 or any of their respective officers, agents, or employees. ARTICLE 11: NON -WAIVER Failure of any party to this Agreement to insist on the strict performance of any of the conditions or agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance ARTICLE 12: NO WAIVER OF IMMUNITY No party to this Agreement waives or relinquishes any governmental, official, or other immunity or defense on behalf of itself, its officers, employees, and agents as a result of its execution of this Agreement and performance of the covenants contained herein. ARTICLE 13: NO THIRD PARTY BENEFIT This Agreement and all activities under this Agreement are solely for the benefit of the parties and not the benefit of any third party. ARTICLE 14: WARRANTY This Agreement has been officially authorized by the governing body of each party, and each signatory has full authority to execute the Agreement and to legally bind their respective party to this Agreement. ARTICLE 15: CONTINUATION OF PROVISIONS This Agreement amends the existing Radio Communications System Interlocal Agreement and the Radio System Participation Agreement (which is the first amendment to the Radio Communications System Interlocal Agreement) to the extent necessary to allow the Nueces County ESD #3 to participate and use the Radio Communications System. All other provisions of the Radio Communications System Interlocal Agreement and Radio System Participation Agreement that do not conflict with this Agreement remain in full force and effect and are unchanged by this instrument, by express intention of the parties. EXECUTED in quadruplicate to be effective as of the last execution date set forth below: City of Corpus Christi: ATTEST: Ronald L. Olson City Manager Rebecca Huerta City Secretary Approved as to form: Buck Brice Assistant City Attorney for City Attorney Date: Date: Date: Regional Transportation Authority: Jorge Cruz-Aedo Chief Executive Officers Date: County of Nueces: ATTEST: Approved as to form: Samuel Loyd Neal Diana T. Barrera Laura Garza Jimenez County Judge County Clerk Nueces County Attorney Date: Date: Date: Nueces County ESD #3: ATTEST: Approved as to form: Justen Harris Board President Date: Date: Date: Passwordl AGENDA MEMORANDUM Future Item for the City Council Meeting of December 8, 2015 Action Item for the City Council Meeting of December 15, 2015 DATE: TO: FROM: November 18, 2015 Ronald L. Olson, City Manager Mike Markle, Interim Chief of Police mikema@cctexas.com 886-2603 Execute an amendment to the Radio Communications System Interlocal Agreement between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the Nueces County Emergency Services District #6 as a participant. CAPTION: Resolution authorizing the City Manager, or his designee, to execute an amendment to the Radio Communications System Interlocal Agreement between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the Nueces County Emergency Services District #6 as a participant. PURPOSE: The existing interlocal agreement must be modified to include the Nueces County Emergency Services District #6 (ESD#6) who wants to use the public safety radio system. BACKGROUND AND FINDINGS: The Nueces County ESD#6 has requested to use the radio system which is jointly owned by the City, RTA, and Nueces County. They will purchase equipment through the contracted vendor which are compatible with the radio system, they will pay all maintenance and user fees for each radio, they will provide hardware maintenance and technical support for radios and equipment owned by Nueces County ESD#6, maintain and provide an updated list of all radios they use, and pay the proportionate share of maintenance and insurance costs for the backbone of the radio system. ESD#6 will pay the City: 1. A one-time startup fee of $562 per radio 2. System annual service fees of $124.08 per radio per year beginning the second year of service 3. System monthly maintenance fees of $14.99 per control unit, $5.63 per mobile unit, and $5.63 per portable unit. The amount of funding is not available as the number of radios to be purchased is not yet known. Nueces County Commissioners Court will consider the interlocal agreement on December 16, 2015. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount 0 This item 0 BALANCE 0 Fund(s): General Comments: The amount of funding is not available as the number of radios to be purchased is not yet known. RECOMMENDATION: Staff recommends supporting the resolution. LIST OF SUPPORTING DOCUMENTS: Interlocal cooperation agreement Resolution 1 Resolution authorizing the City Manager, or his designee, to execute an amendment to the Radio Communications System Interlocal Agreement between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the Nueces County Emergency Services District #6 as a participant. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute an amendment to the Radio Communications System Interlocal Government Agreement, in compliance with Chapter 791 of the Government Code, between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the Nueces County Emergency Services District #6 as a participant. ATTEST: THE 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 Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn 2 Interlocal Cooperation Agreement between the City of Corpus Christi, Regional Transportation Authority, County of Nueces, and Nueces County Emergency Services District #6 For Radio Communications System (Sixth Amendment to the Radio Communications System Interlocal Agreement) This Interlocal Cooperation Agreement ("Agreement") is made by and between the City of Corpus Christi, Texas ("City"), a Texas home -rule municipal corporation, Regional Transportation Authority ("RTA"), a metropolitan transit authority under Article 1118x, V.A.T.S., the County of Nueces ("County"), a political subdivision of the State of Texas, and the Nueces County Emergency Services District #6 (Nueces County ESD #6), a political subdivision of the State of Texas, each acting herein by and through its duly authorized official, effective for all purposes upon the execution by all parties. WHEREAS, the City and RTA are parties to an Interlocal Cooperation Agreement dated September 23, 1991 (the "Radio Communications System Interlocal Agreement"), providing for the development and operation of an advanced 800 MHz public safety trunked radio system ("Radio System"); and WHEREAS, the City, RTA, and County are parties to an Interlocal Cooperation Agreement dated February 4, 1994 (the "Radio System Participation Agreement"), being the first amendment to the Radio Communications System Interlocal Agreement; WHEREAS, the City, RTA, and County entered into a Second Amendment to the Radio Communications System Interlocal Agreement with the City of Driscoll, a Third Amendment with the Nueces County Emergency Services District #4 and a Fourth amendment with the Nueces Jim Wells County Emergency Services District #5; WHEREAS, the City, RTA, and County have entered into Memorandums of Agreement with the Naval Air Station, and Port Industries Corpus Christi/ Port of Corpus Christi Authority allowing for their participation in the Radio Communications System; WHEREAS, the Nueces County Emergency Services District #6, a Texas Emergency Services District located within Nueces County, desires to use the Radio System developed by City and RTA and being utilized by City, RTA, County, and others; and WHEREAS, the parties desire to allow the Nueces County Emergency Services District #6 to participate in the Radio Communications System Interlocal Agreement, the original 1991 radio communications system agreement allowing for participation by other public entities. NOW, THEREFORE, BE IT AGREED BY THE CITY OF CORPUS CHRISTI, REGIONAL TRANSPORATION AUTHORITY, THE COUNTY OF NUECES AND THE NUECES COUNTY EMERGENCY SERVICES DISTRICT #6 ("Parties"): ARTICLE 1: RIGHTS, DUTIES AND RESPONSIBILITIES OF CITY, RTA, AND COUNTY 1. Operate an 800 MHz public safety trunked radio system ("Radio System"). 2. Provide maintenance and support to the Radio System. 3. Provide radio and equipment specifications to Nueces County ESD #6. 4. Provide or assign a Call Group on the Radio System for Nueces County ESD #6 if needed. ARTICLE 2: RIGHTS, DUTIES AND RESPONSIBILIITIES OF NUECES COUNTY ESD #6 1. Purchase or lease radios and equipment through the vendor contracted by City, RTA, and County which are compatible with the Radio System and conform to the specifications provided by City, RTA, and County. 2. Pay the maintenance and user fees to the City, RTA, and County for each radio that is added or supported by the Radio System. 3. Provide hardware maintenance and technical support for radios and equipment owned by Nueces County ESD #6. 4. Maintain and provide City, RTA, and County with a current and an updated list of all radios that Nueces County ESD #6 uses and are supported by the Radio System. 5. Pay proportionate share of maintenance and insurance costs for the backbone of the Radio System. ARTICLE 3: TERM AND TERMINATION This Agreement shall begin on the final date of execution by all parties for an initial term of one (1) year and automatically renew annually without further action of the parties. The City's City Manager, or his designee, is authorized to execute any and all subsequent renewals and amendments to this Agreement on behalf of the City, unless otherwise prohibited by law. This Agreement may be terminated at any time by any party upon ninety (90) days written notice to the other three parties. ARTICLE 4: PAYMENT AND CURRENT REVENUE A. Payment shall be made by Nueces County ESD #6 within thirty (30) days from receipt of the City, RTA, and County's request for expenses incurred in the performance of this Agreement. Any payment made by Nueces County ESD #6 for any of the services provided pursuant to this Agreement shall be made out of current revenues available to Nueces County ESD #6 as required by the Texas Interlocal Cooperation Act. B. Fees for system participation and maintenance to be paid by Nueces County ESD #6 are as follows: A one-time start up fee of $562 per radio System annual service fees: $124.08 per radio per year (beginning the second year of service) System monthly maintenance fees: (Number of Units x Rate per Unit) Control Units: Units x $14.99 Mobile Units: Units x $5.63 Portable Units: Units x $5.63 "Control units" include land-based radios in offices; "mobile units" include radios in vehicles; and "portable units" include radios carried on the officer. "Year," as used in this article, means the period beginning on the final execution date of this Agreement and concluding 365 days later. C. Within 10 days of the final execution date of this Agreement, Nueces County ESD #6 shall determine the number of radios and total count of units to be added to the Radio System and notify the City, RTA, and County of same. Once the radios and units are active in the Radio System, the one-time start up fees for radios placed into service and the initial month's unit maintenance fees will be billed to Nueces County ESD #6. At the beginning of each remaining month this Agreement is in force, Nueces County ESD #6 shall be invoiced for the previous month's monthly maintenance fees. Payment of the annual service fees is due, in advance, beginning on the first anniversary of the final execution date of this Agreement and on every yearly anniversary date thereafter. Nueces County ESD #6 may, but is not required to, pay the monthly maintenance fees in advance for any period of time up to 12 months or the annual anniversary date of the execution of this Agreement, whichever period occurs first in time. D. In the event of an early termination of this Agreement, any unearned funds paid to the City, RTA, and County by Nueces County ESD #6 will be refunded within 30 days of the termination date of the Agreement. A written final accounting will be provided to Nueces County ESD #6 along with the remittance payment. ARTICLE 5: LIABILITY Each party to this Agreement will be responsible for any civil liability for its own actions under this Agreement, except that nothing in this Agreement shall constitute a waiver or limitation on any immunity, defense, or other protection afforded either party under state or federal law. The liability, if any, of either party, shall be that prescribed by the laws of the State of Texas. ARTICLE 6: SEVERABILITY If any portion of this Agreement, or the application thereof to any person or circumstances, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of the Agreement shall not be affected thereby and shall continue to be enforceable in accordance with its terms. ARTICLE 7: NOTICES Notices allowed or required under this Agreement shall be addressed to and sent to the parties as indicated below, unless such address is changed by written notice to such effect, and any notice shall be effective when deposited in the U.S. mail, postage prepaid, certified, return receipt requested. CITY: Ronald Olson, City Manager 1201 Leopard Street Corpus Christi, TX 78401 RTA: COUNTY: Nueces Co. ESD #6: with a copy to: Mike Markel, Interim Chief of Police Corpus Christi Police Department 321 John Sartain Corpus Christi, TX 78401 Jorge Cruz-Aedo, Chief Executive Officer Regional Transportation Authority 5658 Bear Lane Corpus Christi, TX 78405 Loyd Neal, County Judge Nueces County Courthouse 901 Leopard Street, Room 303 Corpus Christi, TX 78401 Board President William Order 705 E. Joyce Bishop TX 78343 ARTICLE 8: LAW AND VENUE All parties shall comply with all applicable federal, State, county and local laws, ordinances, rules, and regulations pertaining to this Agreement and each party's respective performance hereunder. This Agreement will be interpreted according to the Texas laws which govern the interpretation of contracts. Venue for an action arising under this Agreement shall lie in Nueces County, Texas, and be in accordance with the Texas Rules of Civil Procedure. ARTICLE 9: ENTIRE AGREEMENT AND WRITTEN AMENDMENT This Agreement represents the entire agreement between the parties and may not be modified by any oral agreements or understandings. Any amendments must be made in writing and signed by all parties. No officer or employee of any of the parties may waive or otherwise modify the limitations in this Agreement, without the express action of the governing body of the party. ARTICLE 10: ASSIGNMENT AND SUCCESSORS This Agreement shall be binding on and inure to the benefit of the parties to the Agreement and their respective successors and permitted assigns. This Agreement may not be assigned by any party without the written consent of all of the other parties. This Agreement does not create any personal liability on the part of any officer or agent of the City, RTA, County or Nueces County ESD #6 or any of their respective officers, agents, or employees. ARTICLE 11: NON -WAIVER Failure of any party to this Agreement to insist on the strict performance of any of the conditions or agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance ARTICLE 12: NO WAIVER OF IMMUNITY No party to this Agreement waives or relinquishes any governmental, official, or other immunity or defense on behalf of itself, its officers, employees, and agents as a result of its execution of this Agreement and performance of the covenants contained herein. ARTICLE 13: NO THIRD PARTY BENEFIT This Agreement and all activities under this Agreement are solely for the benefit of the parties and not the benefit of any third party. ARTICLE 14: WARRANTY This Agreement has been officially authorized by the governing body of each party, and each signatory has full authority to execute the Agreement and to legally bind their respective party to this Agreement. ARTICLE 15: CONTINUATION OF PROVISIONS This Agreement amends the existing Radio Communications System Interlocal Agreement and the Radio System Participation Agreement (which is the first amendment to the Radio Communications System Interlocal Agreement) to the extent necessary to allow the Nueces County ESD #6 to participate and use the Radio Communications System. All other provisions of the Radio Communications System Interlocal Agreement and Radio System Participation Agreement that do not conflict with this Agreement remain in full force and effect and are unchanged by this instrument, by express intention of the parties. EXECUTED in quadruplicate to be effective as of the last execution date set forth below: City of Corpus Christi: ATTEST: Ronald L. Olson City Manager Rebecca Huerta City Secretary Approved as to form: Buck Brice Assistant City Attorney for City Attorney Date: Date: Date: Regional Transportation Authority: Jorge Cruz-Aedo Chief Executive Officers Date: County of Nueces: ATTEST: Approved as to form: Samuel Loyd Neal Diana T. Barrera Laura Garza Jimenez County Judge County Clerk Nueces County Attorney Date: Date: Date: Nueces County ESD #6: ATTEST: Approved as to form: Bill Ordner Board President Date: Date: Date: AGENDA MEMORANDUM Future Item for the City Council Meeting of December 08, 2014 Action Item for the City Council Meeting of December 15, 2014 DATE: December 08, 2015 TO: Ronald L. Olson, City Manager FROM: Maria Pedraza, Procurement Manager mariape@cctexas.com 361-826-3176 Robert Rocha, Fire Chief rrocha@cctexas.com 361-826-3932 Lease -Purchase of Ambulances CAPTION: Motion approving the lease -purchase of two ambulances from Knapp, Chevrolet, of Houston, Texas based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative, in the amount of $319,700.00. The ambulances will be used by the EMS Division of the Fire Department. These units are a replacement to the fleet. Funds for the lease purchase of the ambulances will be provided through the City's lease/financing program. PURPOSE: To approve the lease -purchase of two ambulances for the EMS Division of the Fire Department for emergency medical response services. BACKGROUND AND FINDINGS: Currently, the City operates twelve frontline ambulances and five reserve units. These new units will replace two existing frontline ambulances which will be placed in reserve status. ALTERNATIVES: CNG is not available for this truck. OTHER CONSIDERATIONS: Financing for the lease -purchase of the ambulances is based on a sixty month term with an estimated interest rate of 2.50% for an annual payment of $68,085.96. The total estimated cost over the five- year period, including principal of $319,700 and interest of $20,729.80, is $340,429.80. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: Fire Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $233,497.00 $317,734.48 $551,231.48 Encumbered / Expended Amount $209,953.04 $209,953.04 This item $22,695.32 $317,734.48 $340,429.80 BALANCE $848.64 $848.64 Fund(s): General Fund Comments: The $22,695.32 financial impact shown above represents four months of payments that will be encumbered through the end of this fiscal year. The remaining $317,734.48 for the fifty-six months of payments will be requested in future years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet. CITY OF CORPUS CHRISTI PURCHASING DIVISION ITEM 1. DESCRIPTION Type 11 Z Modular Body on Chevrolet C3500 gasoline chassis with Liquid Spring suspension. Plus BuyBoard fee. PRICE SHEET TLGPC CONTRACT NO. 492-15 LEASE -PURCHASE OF AMBULANCES QTY. UNIT Knapp Chevrolet Houston, Texas UNIT PRICE 2 Each $159,850.00 EXTENDED PRICE $319,700.00 Total Cost: $319,700.00 AGENDA MEMORANDUM First Reading Resolution for the City Council Meeting of December 8, 2015 Second Reading Resolution for the City Council Meeting of December 15, 2015 DATE: TO: November 17, 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 M. Uhlarik, Assistant Director of Public Health Williamu2@cctexas.com 361-826-1348 Resolution: Approving the Director of the Corpus Christi Nueces County Public Health District's (CCNCPHD), appointment of Dr. William Burgin, Jr., to serve as the Local Health Authority for the Public Health District for a two year term. CAPTION: Resolution: Approving the Director of the Corpus Christi Nueces County Public Health District's (CCNCPHD), appointment of Dr. William Burgin, Jr., to serve as the Local Health Authority for the Public Health District for a two year term beginning December 17, 2015 and ending December 17, 2017. PURPOSE: To allow the CCNCPHD Director of Public Health to appoint a Local Health Authority for a two year term as required by the State of Texas. BACKGROUND AND FINDINGS: Appointment and Term: In accordance with Texas Health and Safety Code, Chapter 121.021, a Local Health Authority is a physician appointed to administer state and local laws relating to public health within the appointing body's jurisdiction. A health authority serves for a term of two years and may be appointed to successive terms. Duties: Under Section 121.024, a health authority is a state officer when performing duties prescribed by state law. A health authority shall perform each duty that is (1) necessary to implement and enforce a law to protect the public health; or (2) prescribed by the board. Duties of a health authority include (1) establishing, maintaining, and enforcing quarantine in the health authority's jurisdiction; (2) aiding the board in relation to local quarantine, inspection, disease prevention and suppression, birth and death statistics, and general sanitation in the health authority's jurisdiction. ALTERNATIVES: Do not allow the appointment of a Local Health Authority and be in non-compliance with State of Texas requirements. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of resolution to allow CCNCPHD Director of Public Health to appoint Dr. William Burgin, Jr. to serve as Local Health Authority for a two-year term. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department 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 100,000 100,000 Encumbered / Expended Amount This item 100,000 100,000 BALANCE $100,000 $100,000 Fund(s): 1020 (General Fund) & 9100 (Nueces County General Fund) Comments: The City of Corpus Christi pays 50%, and Nueces County pays the other 50% of the Local Health Authority's annual professional service fee. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Resolution DSHS Certificate & Forms for Local Health Authority Appointment Resolution Approving the Director of the Corpus Christi Nueces County Public Health District's (CCNCPHD), appointment of Dr. William Burgin, Jr., to serve as the Local Health Authority for the Public Health District for a two year term beginning December 17, 2015 and ending December 17, 2017. WHEREAS, the City of Corpus Christ and Nueces County by majority vote of each governing body established a Public Health District in accordance with Section 121.041 of the Texas Health and Safety Code. WHEREAS, the City of Corpus Christ and Nueces County appointed a Director of the CCNCPHD in accordance with Section 121.045 of the Texas Health and Safety Code. WHEREAS, the current Director of the CCNCPHD is not a physician and Section 121.045(d) of the Texas Health and Safety Code requires a non -physician director of a public health district to appoint a physician as the Health Authority for the district, subject to the approval of the members of the district. WHEREAS, Section 85.1(b)(2) of Title 25 of the Texas Administrative Code provides that a non -physician director of a public health district's appointment of the local health authority is subject to the approval of the governing body of the local public health district. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Director of the CCNCPHD's appointment of Dr. William Burgin, Jr., to serve as the Local Health Authority for the CCNCPHD is approved for a two year term beginning December 17, 2015 and ending December 17, 2017. 2 ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn TEXAS Dt_,pottill'f1i +3i Stihl:'' i .traIt#T SO ices APPOINTMENT OF LOCAL HEALTH AUTHORITY General Instructions The Texas Department of State Health Services (DSHS) provides support for the appointment of Local Health Authorities in Texas and maintains the database of appointments. Other DSHS responsibilities include coordination of training activities and availability of reference tools to ensure Local Public Health Authorities understand the roles and responsibilities of their office to serve their local communities. Appointment and Term In accordance with Texas Health and Safety Code, Chapter 121.021, a Local Health Authority is a physician appointed to administer state and local laws relating to public health within the appointing body's jurisdiction. A health authority serves for a term of two years and may be appointed to successive terms. Duties Under Section 121.024, a health authority is a state officer when performing duties prescribed by state law. A health authority shall perform each duty that is (1) necessary to implement and enforce a law to protect the public health; or (2) prescribed by the board. Duties of a health authority include (1) establishing, maintaining, and enforcing quarantine in the health authority's jurisdiction; (2) aiding the board in relation to local quarantine, inspection, disease prevention and suppression, birth and death statistics, and general sanitation in the health authority's jurisdiction. Required Forms Each newly appointed Local Health Authority must have the required forms completed and filed immediately after appointment to office. The three forms include: 1. Statement of Appointed/Elected Officer. This form is witnessed and simply states that there was no material, financial or other gain realized by the appointing the Local Health Authority. 2. Oath of Office. This is signed by the Local Health Authority and mailed to the Regional Medical Director for the respective Health Service Region of the Texas Department of State Health Services for filing. 3. Certificate of Appointment. This form validates the eligibility of the physician being appointed as Health Authority and the appointment process. The form must be signed by the appointing authority and forwarded to the Regional Medical Director for the respective Health Service Region of the Texas Department of State Health Services. Questions If you have questions regarding the Local Health Authority appointment process or about completing the forms, please contact your DSHS Health Service Region office or the DSHS Division for Regional & Local Health Services office in Austin at (512) 458-7770. See links below for contact information: Texas Department of State Health Services Health Service Region Offices. This site includes the information to locate the Regional Medical Director for the appropriate Health Service Region, including addresses, telephone numbers, FAX numbers, and maps of the DSHS Health Service Region Offices, Map of DSHS Health Service Regions. This page provides a map showing the regional boundaries. Certificate of Appointment For a Local Health Authority I, , acting in the capacity as a (Check the appropriate designation below) Non -physician and the Local Health Department Director Mayor or Designee County Judge of Designee Chairperson of the Public Health District do hereby certify the physician, , who is licensed by the Texas Board of Medical Examiners, was duly appointed as the Local Health Authority for , Texas. Date term of office begins , 20 Date term of office ends , 20_, unless removed by law. The Local Health Authority has been appointed and approved by the: (Check the appropriate designation below) Director, City Council for the City of Commissioners Court for County Board of Health for the Public Health District I certify to the above information on this the day of , 20_. Signature of appointing official (See reverse side for instructions) Revised by the Division of Regional and Local Health Services, February 2008 THE STATE OF TEXAS Statement of Elected/Appointed Officer (Please type or print legibly) I do solemnly swear (or affirm) that 1 have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding of a vote at the election at which I was elected or as a reward to secure my appointment or confirmation, whichever the case may be, so help me God. Affianced Signature Printed Name Position to Which Elected/Appointed City and/or County SWORN TO and subscribed before me by affiant on this day of 20 . (Seal) Signature of Person Authorized to Administer Oaths/Affidavits Printed Name Title Pursuant to Tex. Const. Art. XVI, § 1(b), (amended 2001). Revised by the Division for Regional and Local Health Services, February 2008. OATH OF OFFICE For Local Health Authorities in the State of Texas I, , do solemnly swear (or affirm), that I will faithfully execute the duties of the office of Health Authority of the State of Texas and will to the best of my ability, preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God. Affiant Mailing Address ZIP (Area Code) Phone Number (day and evening) Email Address SWORN TO and subscribed before me this day of , 20_ Signature of Person Administering Oath (Seal) Printed Name Title AGENDA MEMORANDUM Future Item for the City Council Meeting of December 8, 2015 Action Item for the City Council Meeting of December 15, 2015 DATE: December 8, 2015 TO: Ronald L. Olson, City Manager FROM: Maria Pedraza, Procurement Manager mariape@cctexas.com (361) 826-3176 Stacie Talbert, Assistant Director Parks and Recreation staciet@cctexas.com (361) 826-3476 Real Estate Brokerage Service for Sale of Fourteen Surplus Parks CAPTION: Motion authorizing the City Manager to execute a service agreement with The Clower Company, Inc., Corpus Christi, Texas for the sale of fourteen surplus parks in accordance with Bid Event No. 64 at a commission interest rate of 4.5 percent. PURPOSE: To establish a service agreement with a licensed real estate broker in order to obtain the greatest amount of revenue for each piece of property so it may be reinvested in the park system according to the development guidelines established in the 2012 Parks and Recreation Master Plan. Lead to the redevelopment of each property that will best serve the adjacent neighborhood and community as a whole. BACKGROUND AND FINDINGS: On October 2012 - The Parks & Recreation Master Plan is approved by City Council and identified 27 parks to be repurposed by means of adoption, lease, transfer to another government entity, sale or allowing them to return to a natural state. June/July 2014 - Public hearings were held at City Council to place 17 parks on the ballot for approval of voters to sell. Ballot language for Proposition 3 — Sale of City Parkland was established. September 2014 - City Council passed a resolution mandating the proceeds of sales were to be reinvested in existing parks and established a process for notification to adjacent landowners prior to each sale. November 2014 - Voters approved Proposition Three. January 2015 - A multi department team was established to evaluate the best method for the disposition of the 17 parks. On July 18, 2015 - The Request for Proposal (RFP) to identify Real Estate Brokers to represent the City in sale of parkland was advertised and issued. On September 4, 2015 the City received three proposals to the RFP and one proposal was disqualified for failure to provide Marketing Strategies, qualifications, references and experience as required by the RFP. The evaluation team, comprised of team members from Land Acquisition, Facility and Property Management, Park & Recreation, and Purchasing, developed a matrix of the evaluation criteria. The evaluation team reviewed each RFP Proposal response and completed the evaluation matrix. The resulting matrix prioritized each proposal based on the point value assigned for each criterion component in the evaluation matrix. Proposal rankings based on this scoring method are shown in the attached evaluation matrix. As a result of the evaluation, the team has selected The Clower Company, Inc., Corpus Christi, Texas, as the best valued proposal for this opportunity. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Not applicable. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Parks and Recreation 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 $0.00 $0.00 Encumbered / Expended Amount 0.00 0.00 This item $0.00 $0.00 BALANCE 0.00 0.00 Fund(s): 4720 Community Enrichment Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Evaluation Matrix Service Agreement CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: DOMINGO VALDEZ EVALUATION MATRIX Event # 64 Real Estate Brokerage Services Property Sale Selection Criteria Score 100% The Clower Company KW Realty Corpus Christi Corpus Christi Experience, Qualifications and References - (20%) 20 15 Marketing Strategies (35%) 35 30 Fee Schedule (40%) 35 40 Local Presence (5%) 5 5 Total Selection Criteria Score 95 90 The City received a proposal from Joe Adame & Associates, Inc., Corpus Christi Texas, however, their proposal was deemed non-responsive due to failure to provide Marketing Strategies, qualifications, references and experience as required by the RFP. Below is the list of parks to be sold: Group One — Northwest San Carlos Park, 12650 Figueroa, 2 acres Violet Park, 4301 Violet, 1.55 acres Willow Park, 11418 Willowood, .93 acre Group Two — City Center Cabra Park, 1323 W. Broadway, 1.36 acres Fountain Park, 4938 Moody, 1.62 acres Parklane Park, 4600 Arlene, 1.95 acres Group Three — Southside Acushnet Park, 6746 Aaron, 9.96 acres Congress Park, 4017 Capitol, 1.96 acres Creekway Park, 7306 Prairie, .89 acre Penn Place 4302 Aaron, 1.67 acres Group Four —Southside Durant Park, 6113 Durant, 2.70 acres Peary Park, 1750 Paul Jones, 1 acre Ridgewood Park, 5730 Malden 5.04 acres Group Five — Central — Commercial Mt. Vernon Park, 5151 McArdle, 7.25 acres. Sample - Real Estate Brokerage Service Agreement Service Agreement No. 64 THIS Real Estate Brokerage Service 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 ("Contractor"), effective for all purposes upon execution by the City Manager. The Cl ower Company WHEREAS Contractor has proposed to provide Real Estate Brokerage Service in response to Event No. 64; WHEREAS the City has determined Contractor to be the most advantageous proposer; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor shall provide Real Estate Brokerage Service in accordance with Event No. 64 ("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". 2. Term. This Agreement is for a term of six (6) months, commencing on the date signed by the City Manager and continuing for six (6) months thereafter. The term includes an option to extend for up to three (3) additional six-month 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 serves as the Parks and Recreation Department Contract Administrator, unless indicated otherwise in this Agreement. 4. Independent Contractor. Contractor shall perform the Services hereunder as an independent contractor and furnish such Services in its own manner and method, and under no circumstances will 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 Parks and Recreation Department Contract Administrator and the City's Risk Manager will be given at least thirty (30) days' notice 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 to Contractor. 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 22 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 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 Parks and Recreation Department Contract Administrator. 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. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. B. Alternatively, the City may terminate this Agreement without cause upon twenty (20) days' advance written notice to the Contractor. However, the City may terminate this Agreement upon twenty-four (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 ninety (90) days' advance written notice to the City. 13. Taxes. The Contractor covenants to pay all applicable federal and state 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. 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 must be sent as follows: 23 IF TO CITY: City of Corpus Christi Attention: Development Services Department Contract Administrator P. O. Box 9277 Corpus Christi, Texas 78469-9277 1201 Leopard St. Corpus Christi, Texas 78401 Fax # (361) 826-4464 IF TO CONTRACTOR: Contractor Name: Contact Person: Mailing Address: City, State, ZIP: Physical Address: City, State, ZIP: Fax #: The Clower Company George B. Clower P.O. Box 2525 Corpus Christi, Texas 78403 415 Starr St. Corpus Christi, Texas 78401 361.880.4118 17. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new Real Estate Brokerage Service 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 provision or any part thereof is determined to be invalid and contrary to any 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 LOSS OR 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 ENTITY. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR 24 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 SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Contractor: The Cl ower ampany 7410(//' i Signature: ivri L Printed Name: 'orge B. Cl ower Title: ice President Date: Nov. 16th, 2015 Incorporated by Reference: Exhibit A: Request for Proposal Event No. 64 (Available upon request) Exhibit B: Contractor's Proposal (Available upon request) 25 AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of December 8, 2015 Action Agenda Item for the City Council Meeting of December 15, 2015 DATE: TO: November 16, 2015 Ronald L. Olson, City Manager FROM: E. Jay Ellington, Director JayEll@cctexas.com 361-826-3460 Interlocal Agreement with Texas A&M University -Corpus Christi — Packery Channel Aids to Navigation (ATONs) CAPTION: Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Texas A&M University — Corpus Christi regarding Aids to Navigation at Packery Channel in amount of $60,941. PURPOSE: The Interlocal Agreement will allow field operations staff with the Conrad Blucher Institute at Texas A&M University — Corpus Christi to evaluate the conditions of aids to navigation (ATONs) located on Packery Channel and oversee the repair or replacement of those ATONs that are found to be deficient. BACKGROUND AND FINDINGS: The City of Corpus Christi was notified by the US Coast Guard in October 2014 that many of the ATONs on Packery Channel were not in compliance with the Eighth Coast Guard District Private Aids to Navigation Marking Requirements and U.S. Army Corps of Engineers Permit approval. The Corpus Christi Parks and Recreation Department — Gulf Beach and Natural Resources Division is responsible for the ATONs on Packery Channel. When the Packery Channel was opened in 2006, ATONs were installed as per US Coast Guard specifications. Since that time, many of the ATONs have been damaged or destroyed. 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: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $60,941 $60,941 Encumbered / Expended Amount 0 0 This item 0 0 BALANCE $60,941 $60,941 Fund(s): General Fund 1020; TIF #2 Fund 1111 Comments: The cost for this agreement will be split between Beach Operations (General Fund 1020) and Packery Patrol Operations (TIF #2 Fund 1111). RECOMMENDATION: Staff recommends that the Council approve the Resolution. LIST OF SUPPORTING DOCUMENTS: Resolution Interlocal Agreement with Exhibits Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Texas A&M University — Corpus Christi regarding Aids to Navigation at Packery Channel in amount of $60,941. 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 Texas A&M University — Corpus Christi regarding aids to navigation at Packery Channel in amount of $60,941. 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 INTERLOCAL COOPERATION AGREEMENT BETWEEN TEXAS A & M UNIVERSITY -- CORPUS CHRISTI AND THE CITY OF CORPUS CHRISTI REGARDING PACKERY CHANNEL AIDS TO NAVIGATION WHEREAS, Texas A & M University -- Corpus Christi ("TAMUCC") and the City of Corpus Christi ("City") are authorized by Chapter 791 of the Texas Government Code to enter into an interlocal cooperation contract; WHEREAS, Section 791.035 of the Texas Government Code states that a local government and an institution of higher education or university system may contract with one another to perform any governmental functions and services; WHEREAS, Section 791.035 provides that if the terms of the contract provide for payment based on cost recovery, any law otherwise requiring competitive procurement does not apply to the functions and services covered by the contract; WHEREAS, the Corpus Christi City Council finds that repair and replacement of aids to navigation along Packery Channel are governmental functions and services of the City of Corpus Christi which may be provided by TAMUCC pursuant to Section 791.035 of the Texas Government Code NOW, THEREFORE, the parties hereto agree as follows: 1. PURPOSE. The purpose of this Agreement is to provide for the identification, repair or replacement of aids to navigation ("ATONs") located on Packery Channel as further described in Exhibit A. 2. STATEMENT OF WORK. TAMUCC agrees to perform all services as outlined in Exhibit A. 3. PERIOD OF PERFORMANCE. The work described in Exhibit A shall be conducted January 1, 2016 through June 30, 2016, or until all required work has been completed, whichever date is earlier. 4. PRICE AND PAYMENT. A. As compensation for the performance of services and work performed under this Agreement, the City agrees to pay TAMUCC up to Sixty thousand nine hundred forty one dollars ($60,941.00) as itemized in the budget shown in Exhibit A, which TAMUCC acknowledges is full cost recovery of all services provided by or thru TAMUCC under this Agreement. B. The parties agree that all expenditures under this agreement shall be paid with current revenues of the paying party. C. The parties acknowledge that continuation of this agreement beyond City's current fiscal year is subject to annual budget process and appropriation of funds. D. Invoices for compensation shall be submitted to the following address: City of Corpus Christi Attn: Parks and Recreation Director P.O. Box 9277 Corpus Christi, TX., 78469-9277 5. TAMUCC Responsibilities. TAMUCC will be responsible to arrange for any and all necessary repairs or replacements of ATONs located on Packery Channel as required for compliance with applicable Federal State and local laws and regulations within the total amount of funds payable under this Agreement. TAMUCC shall ensure that all work performed under this Agreement complies with all applicable Federal, State, and Local laws and regulations. In no event shall City be responsible for payment of any funds for services under this Agreement in excess of the amount specified in item 4 above. TAMUCC will obtain any required permits and arrange for performance of work to repair or replace ATONS. TAMUCC agrees to require that any contractor hired to perform said work shall be required to obtain the insurance as stated on attached Exhibit A. TAMUCC shall ensure that an indemnity clause acceptable to the City is included in all construction contracts. All construction contracts must be approved in writing by the Director of Engineering Services or designee. All construction contracts must include terms regarding the City's ability to inspect, reject and accept the work. TAMUCC shall include in all construction contracts for the work under this Agreement, in large, bold face text: "Contractor does hereby agree to release, indemnify, defend and hold harmless City of Corpus Christi, and all of its officials, officers, agents and employees, in both their public and private capacities, from and against any and all liability, claims, losses, damages, suits, demands or causes of action including all expenses of litigation and/or settlement, court costs and attorney fees which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property occasioned by error, omission, or negligent act of contractor, its officers, agents, employees, subcontractors, invitees or any other person arising out of or in connection with the performance of the construction contract, and contractor shall at his or her own cost and expense defend and protect the City of Corpus Christi from any and all such claims and demands." 6. TERMINATION. Performance under this agreement may be terminated by either party with or without cause upon thirty days written notice. 7. NOTICES. All notices to parties under this Agreement shall be in writing and sent to the names and address stated below. Either party to the Agreement may change the name and address by notice to the other in accordance herewith, and any change shall take effect immediately upon receipt of the notice. TAMUCC Texas A & M University - Corpus Christi 6300 Ocean Drive, NRC #5853 CITY Corpus Christi, TX., 78412 Attn: Telephone: (361) 825-2637 Fax: (361) 825-2384 City of Corpus Christi Attn: Reba George P.O. Box 9277 Corpus Christi, TX., 78469 Telephone: (361) 826-3466 8. AMENDMENTS AUTHORIZED. The representatives who were authorized to sign this agreement are authorized to execute minor amendments to this agreement, to extend deadlines or minor changes in the scope of work. 9. SEVERABILITY. If any of the provisions of the agreement in the application thereof to any person or circumstance, is rendered or declared illegal for any reason, or shall be invalid or unenforceable, the remainder of the agreement and the application of the provision to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent by applicable law. The City and TAMUCC agree that this agreement shall be reformed to replace the stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10. DISPUTE RESOLUTION PROCESS. To the extent applicable, the dispute resolution procedures provided in Chapter 2260 of the Texas Government Code will be used to resolve contract claims under this contract 11. MISCELLANEOUS. This agreement constitutes the entire agreement between the parties relative to the subject matter, and may only be modified or amended by a written agreement signed by both parties. It shall be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their authorized representative. TEXAS A & M UNIVERSITY -- CORPUS CHRISTI By: Digitally signed by Alayra Hough Dtt rn-Mayra Hough, o=Texas A&M M a yra Hough un1°e<=,ty{orPus Chdag,ou=DfHslon of Research, Commerdaltratlon and Outreach, ema0=mayrahough4ucudu,c=US Date:2015.11Ak309:47:54 54-06'00' Name: Luis A. Cifuentes Title: Vice President for Date: '- / search CITY OF CORPUS CHRISTI ATTEST By: Rebecca Huerta Ronald L. Olson City Secretary City Manager APPROVED AS TO FORM: This /7 day of IV° i/ , 2015 Lisa Aguilar, sistant City Attorney For City Attorney EXHIBIT A SCOPE OF WORK Packery Channel ATON Replacement Parties and Purpose This Agreement is between the City of Corpus Christi, Parks and Recreation (CCPR) and the Conrad Blucher Institute for Surveying and Science (CBI) at Texas A&M University—Corpus Christi (TAMU-CC) hereafter referred to as the "Parties". This Scope of Work was mutually developed by the Parties and identifies the Tasks to be accomplished during the period of performance. The CCPR is responsible for maintaining Aids to Navigation (ATON) located on Packery Channel, southeast of Corpus Christi Bay. The purpose of this Agreement is to identify activities required for the repair and/or replacement of ATONs on Packery Channel identified previously by the United States Coast Guard (USCG) and/or during a reconnaissance to be conducted by CBI personnel when this project commences. The Agreement also sets forth the general terms and conditions under which the Parties will operate during the period of performance. Activities during this project may include, but are not limited to, exchange of technical information required for the proper processing and permitting of ATONs installed by CBI on behalf of CCPR on Packery Channel. This project will result in the upgrade, repair, or replacement of damaged or destroyed ATONs on Packery Channel as required by USCG and following USCG specifications identified in the documentation listed in Appendix A at the end of this document. All required documentation will be assembled by CBI for submittal to the USCG by CCPR personnel prior to initiation of field work. � 's• , R�i+r"tpr�-per • r``• `"� f �.... 0 House 3- q The cont was report to the dep deposition feet to the Channel shoaling. L.J Packery Channel The channel between the southeastern most portions of Corpus Christi Bay and the Gulf of Mexico is known as Packery Channel (fig. 1). The channel was initially opened during a tropical storm in 2005. Subsequent dredging enabled the channel to be officially opened to the general public in 2006. Aids to Navigation were placed along the channel as required by the US Coast Guard following USCG specifications. Since that time, many of the ATONs have been damaged or destroyed requiring the activities contained within this proposal. Subrn pipes A R "40" Ra Ref "2" AL.. —'�rll I �G G� Aj 0370 • 1 _•, w �• G `5" s G2 { 0410 PWR CAB ��. AUTH 23 FT 1J. e a nC. Lt S. _ r� Yr..c�..t Ra Ref e G i G C "35" Nike SurfLi '! R p 7 4 T s� "23 11 °Boiler 1 -21„ 0 "19'_ G '17` R „22. r `\ _ i a Surfaced Ramp G-13" .III R IR1 O =-.,...... 4 iioee S S G 7�, l R .rf, ` s IESS r"&". ,611/4 Gjii(j' Ramp Floodgate o G "1" Rit Y3.IR Priv ‘� Tim A Figure 1: Packery Channel Page 7 of 13 Scope of Work TAMU-CC-CBI will: 1. Perform reconnaissance of all ATONs located on Packery Channel The purpose of the reconnaissance will be to determine the location, existence, and condition of each ATON. 2. Mark the location of each ATON located on Packery Channel 3. Based on the results of the reconnaissance, provide CCPR with a revised CG 2554 indicate the day coordinates, shape, color, and associated number of each ATON replaced, repaired, or installed. 4. Provide CCPR personnel with any information required to satisfy inquiries or questions provided by the USCG Eighth District ATON Section concerning the installation, repair, or replacement of ATONs on Packery Channel 5. Secure a contractor for the installation of the wooden piles at locations designated by CBI. 6. Install new day piles and day boards as indicated on CG 2554 following specifications provided in the reference documentation provided in Appendix A at the end of this document. 7. Provide CCPR personnel with photographs of each new day marker. CITY OF CORPUS CHRISTI will: 1. Complete CG 2554 (Rev.09-05) "Private Aids to Navigation Application" document that will be initiated by CBI, which will contain the proposed location of all Aids to Navigation that will be installed, services, repaired, or replaced by CBI. 2. Submit CG 2554 to: Eighth Coast Guard District (dpw) Private Aids to Navigation Section 500 Poydras St., Suite 1230 New Orleans, LA 70130 3. Provide CBI with any inquiries received from the USCG ATON Section or provide an authorization to proceed. 4. Provide CBI with any request for information received from the US Coast Guard regarding the CG 2554 application or this proposed ATON project. 3. Accompany CBI personnel during final inspection of ATONs installed. Page 8 of 13 Points of Contacts The Points of Contact (POC) for each of the Parties to this Agreement are: City of Corpus Christi, Parks and Recreation Department: Reba George, Superintendent Parks and Recreation Department City of Corpus Christi (361) 826-3466 RebaG@cctexas.com TAMU-CC - CBI POC: James Rizzo Assistant Director of Operations Conrad Blucher Institute for Surveying and Science Texas A&M University -Corpus Christi 6300 Ocean Drive Corpus Christi, Texas 78412 (361) 825-5758 (361) 549-5120 (Mobile) James.Rizzo@tamucc.edu Budget: Salary $11,819.00 Fringe $3,567.00 Travel $5,932.00 Supplies $5,240.00 Equipment $0.00 Other $18,920.00 F&A (34%MTDC) $15,463.00 Total $60,941.00 Table 1. Packery Channel Aids to Navigation Page 9 of 13 Lite List number Description Day Beacon 1 Coordinates N 273654.96/ W 097 12 22.08 Chart 11308 ATON Green Square ---.)R&R Reported Condition Boards 39855 39860 Day Beacon 2 N 273656.7/ W 097 12 22.08 11308 Red Triangle R&R Boards 39865 Day Beacon 3 N 273657.78/ W 097 12 44.88 11308 Green Square Pile missing 39870 Day Beacon 4 N 273901.2/ W 097 12 42.42 11308 Red Triangl41111 R&R Boards 39875 Day Beacon 5 N 273725.86W 097 12 56.10 11308 Green Square Pile missing 39880 Day Beacon 6 N 27 37 36.00/ W 097 12 55.56 11308 Red Triangl R&R Boards 39885 Day Beacon 7 N 273746.9/ W 097 13 05.17 11308 Green Square R&R Boards 39890 Day Beacon 8 N 273748.72/ W 097 13 03.72 11308 Red Triangle R&R Boards 39895 Day Beacon 9 N 273758.62/w0971313.98 11308 Green Square R&R Boards 39900 Day Beacon 10 N 273800.12/ W 097 13 14.24 11308 Red Triangle R&R Boards 39950 Day Beacon 11 N 27 3800.66/ W 097 13 18.24 11308 Green Square R&R Boards 39910 Day Beacon 12 N 273801.50/ W 097 13 17.76 11308 Red Triangle R&R Boards 39915 Day Beacon 13 N 273801.14/ W0971321.96 11308 Green Square Pile missing 39920 Day Beacon 14 N 273801.50/ W 097 13 24.30 11308 Red Triangle Pile missing 39925 Day Beacon 15 N 273756.7/ W 097 13 27.48 11308 Green Square Pile missing 39930 Day Beacon 16 N 2738 55.80/ W 097 13 29.1 11308 Red Triangle ill Pile missing 39935 Day Beacon 17 N 273749.98/ W0971330.6 11308 Green Square R&R Boards 39940 Day Beacon 18 N 27 37 51.84/ W 097 13 32.76 11308 Red Triangle Pile missing 39945 Day Beacon 19 N 273749.26/ W0971333.62 11308 Green Square R&R Boards 39950 Day Beacon 20 N 27 3749.86/ W 097 13 35.04 11308 IRed Triangle qi R&R Boards 39955 Day Beacon 21 N 27 3749.32/ W 097 13 37.62 11308 Green Square R&R Boards 39960 Day Beacon 22 N 27 37 51.12 / W 097 13 39.30 11308 tied Triangle R*R Boards 39965 Day Beacon 23 N 273757.66/ W0971356.64 11308 Green Square R&R Boards 39970 Day Beacon 24 N 27 3800.36/ W 097 13 58.98 11308 Red Triangle R&R Boards 39980 Day Beacon 25 N 27 3807.44/ W 097 1419.56 11308 Green Square R&R Boards Appendix A: Reference Documentation: 1. PackeryChannel Discrepancies.pdf 2. Daymark.Single.Cluster.Pile.Technical.Vertical.Height.Info.pdf 3. DayboardTechnicallnformation.pdf 4. 33CFRpart66.pdf Page 10 of 10 Appendix A-1 31825 Sandestin Beach Channel Light 22 MISSING 11385 51/13 31830 Sandestin Beach Channel Daybeacon 23 DAYMK MISSING 11385 51/13 31835 Sandestin Beach Channel Light 24 DAYMK MISSING 11385 51/13 31855 Sandestin Beach Channel Daybeacon 30 MISSING 11385 51/13 31970 Indian Bayou Daybeacon 6 DAYMK DMGD 11385 14/12 33160 Sherman Cove Marina Daybeacon 6 DAYMK MISSING/STRUCT DMGD 11383 1002-12 02/13 33610 Bay La Launch Channel Daybeacon 5 STRUCT DEST 11378 0539-11 NO 16/11 36215 Pier 77 Channel Buoy 3 MISSING 11324 38/14 36220 Pier 77 Channel Buoy 4 MISSING 11324 38/14 36225 Pier 77 Channel Buoy 7 MISSING 11324 38/14 36230 Pier 77 Channel Buoy 9 MISSING 11324 38/14 36235 Pier 77 Channel Buoy 10 MISSING 11324 38/14 36240 Pier 77 Channel Buoy 12 MISSING 11324 38/14 36245 Pier 77 Channel Buoy 13 MISSING 11324 38/14 36250 Pier 77 Channel Buoy 14 OFF STA 11324 0860-13 GA 46/13 36715 Harborwalk Entrance East Buoy 4 OFF STA 11322 34/13 37375 Brazoria Wildlife Refuge Wave Barrier LT EXT 11322 0321-13 GA 17/13 Light 37480 Texas Meridian Mat/Bay Reef A MISSING 11319 37/10 37485 Texas Maridian Mat/Bay Reef B MISSING 11319 37/10 37490 Texas Meridian Mat/Bay Reef C MISSING 11319 37/10 39855 Packery Channel Daybeacon 1 STRUCT DEST 11308 42/14 39860 Packery Channel Daybeacon 2 STRUCT DEST 11308 41/14 39865 Packery Channel Daybeacon 3 DAYMK DMGD 11308 0403-15 CC 31/15 39870 Packery Channel Daybeacon 4 DAYMK MISSING 11308 0404-15 CC 31/15 39875 Packery Channel Daybeacon 5 DAYMK MISSING 11308 0405-15 CC 31/15 39885 Packery Channel Daybeacon 7 DAYMK IMCH 11308 0407-15 CC 31/15 39890 Packery Channel Daybeacon 8 DAYMK IMCH 11308 0408-15 CC 31/15 39915 Packery Channel Daybeacon 13 STRUCT DEST 11308 0416-15 CC 31/15 39920 Packery Channel Daybeacon 14 DAYMK MISSING 11308 0414-15 CC 31/15 39930 Packery Channel Daybeacon 16 DAYMK MISSING 0416-15 CC 31/15 39935 Packery Channel Daybeacon 17 DAYMK DMGD 11308 0417-15 CC 31/15 39940 Packery Channel Daybeacon 18 DAYMK DMGD 11308 0418-15 CC 31/15 39945 Packery Channel Daybeacon 19 DAYMK IMCH 11308 0419-15 CC 31/15 39950 Packery Channel Daybeacon 20 DAYMK DMGD 11308 0420-15 CC 31/15 39955 Packery Channel Daybeacon 21 DAYMK IMCH 11308 31/15 39960 Packery Channel Daybeacon 22 DAYMK IMCH 11308 31/15 39980 Packery Channel Daybeacon 26 DAYMK IMCH 11308 31/15 40065 Padre Isles North Channel Daybeacon DAYMK DMGD 11308 27/10 18 40335 Pita Island Channel Daybeacon 39 STRUCT DEST 39/14 FR -MS -13 MISSING 11373 33/14 Mississippi Gulf Fishing Bank Buoy FH -6 MISSING 33/14 Ms Gulf Fishing Bank Buoy Fh-1 MISSING 11373 33/14 Ms Gulf Fishing Bank Buoy Fh-3 MISSING 11373 33/14 DISCREPANCIES (PRIVATE AIDS) CORRECTED LLNR Aid Name Status Chart No. BNM Ref. LNM St LNM End None PLATFORM DISCREPANCIES Name Status Position BNM Ref. LNM St LNM End Spn-100-1 New field -116-1 LT EXT/SS INOP SS INOP 30-06-16.280N 087-45-27.480W 0401-13 MO 21/13 29-19-55.500N 087-52-40.300W 0382-14 MO 19/14 Page 11 of 18 Coast Guard District 8 GULF LNM: 32/15 05 August 2015 Appendix A-2 Single Pile Wood Beacon Structure 7ft Recommended - From Mean High Water Description. A mangle pile wood structure is commonly used for righted and unlighted aids in marine locations where exposure and bottom conditions permit. Typical use would be m protected and semi -exposed environments. Advantages include low cost, ready availability. and ease of constriction. Disadvantages include susceptibility to acarine borers_ rotting, ice damage; beetle attach and broomming of the tip during driving. When subject to a moderate collision, a wood pile will 4.iitp upon failure. "THE ABOVE IS RECOMMENDED INFORMATION ONLY" MODLINB Description. A single pile steel stricture is commonly used for lighted and unlighted aids. in marine locations where exposure and bottom conditions permit. This is generally- the most effective type of pile for moderate ice conditions or hard bottom areas. Advantages include the relative permanence of the aid, the ability to withstand hard driving and moderate collisions. and the ability to achieve long lengths by welding Sections together_ Disadvantages include higher cost and limited availability as cured with woad_ When subject to moderate collisions_ a steel pile will yield and can be straightened to its original position_ Physical Characteristics. . Steel: 12.' or 18" diameter steel pipe_ or 121153 "H" piling_ ▪ Common lengths: 30', 40% 50' and G0'_ "THE ABOVE IS RECOMMENDED INFORMATION ONLY" Description. A cluster pile dolphin structure is used on mance sites for lighted of unlighted aids hien a single pile structure is not effective because of exposure cone itioa_• such as severe wind or wave action_ The basic configuration involves three or more pile (usually wood) driven vertically. skin -to -sail, and wrapped tightly together at various heights. "THE ABOVE IS RECOMMENDED INFORMATION ONLY" Radar Reflector Function The structure radar reflector is dewaxed to be rn".tailed on structures when the radar reflectivity of the strlMture does not meet the operational requirements. Features_ • Galvanized steel construction. • 1.5 to 2.0 nmi range (using two adds about 0.5 im i). • Weight: lbs. .LWT& -s ALIGN ARROW PARALLEL ID CHANNEL 14" Figure 19-1 - Radar Reflector "THE ABOVE IS RECOMMENDED INFORMATION ONLY" I U.S. AIDS TO NAVIGATION SYSTEM on navigable waters except Western Rivers LATERAL SYSTEM AS SEEN ENTERING FROM SEAWARD PORT SIDE ODD NUMBERED AIDS • LIGHT.LY PREFERRED CHANNEL NO NUMBERS-MAY BE LETTERED PREFERRED CHANNEL TO -CPN%ffii HANG GREEN . GREEN LIGHT am, ODNIRDSRE GROUP FLA.. ID.• I: PREFERRED CHANNEL NO NUMBERS-NAY BE LETTERED ?--_--_.. ..__ . -__ II RED _-.= =NL CDMINOSITE GROUP F-1. • , , STARBOARD SIDE EVEN NUMBERED AIDS . REQ _IGHr r FLASHING COI— FLA. ID)G I = FLASHING D ,.,. .. F G =LAS , D F-.iIVG— SO FIR6i RR. uGHr ImHTm elver IN; 4 At NUN ...DON ISO LIGHT • RGCsM. LIGHTED 0• 4 DU..- 7 1 1 DAWDEADON .. .! 11 . tel.11: DAN iiii R99' FTf�L nms „ L 12,, .0 NJII AIDS TO NAVIGATION HAVING NO LATERAL SIGNIFICANCE ISOLATED DANGER NUMBERS--MAYBE LETTERED ] ,HI-ELI& air SAFE WATER NO NUMBERS--MAY BE LETTERED J 11ATE- iHr .NL .. sED: vR.... illi . .0 ri InoIN 1 CI)NO e❑ 0 I. mi.} LIGHTA SPre .ANN. EDHO HR �HERICAL UNLIG.FHDARErrED N I .:.VB I I RANGE DAYBOARDS--MAY KBW KWR KRW 1111 BE LETTERED KRB NBP KGB ..I I KTG 1 NGRR m 1 KRG L DAYBDARDS--MAY BE LETTERED ❑ WHITE UGHr DIM,1 — .TIO Rut SPECIAL MARKS--MAY BE LETTERED 0YEL_3vf LG-IT ONLY FIXED FLASHIN., r} ,A• .._ 3F!T=D SHAPE OPTIMAL-BM SELECTED 70 SE APPROPRIATE ❑NAVIGABLE FS. THE POSRON OF THE ro- FINE VR TME I. OF SUM..I L:SET== ., LB - ,L TYPICAL INFORMATION AND REGULATORY MARKS .L I .. RE,-A-0. R RITE CFIE _, ..-REGULE WAXERS MI MAWS NV(RS-PLATA.Y IGIFT LA RHYTHM ❑ WHITE LK3HT LIN, . ' Aids to navigation marking the Intercoastal Waterway (ICW) display unique yellow symbols to distinguish them from aids marking other waters. Yellow triangles - indicate aids should be passed by keeping them on the starboard (right) hand of the vessel. Yellow squares❑ indicate aids should be passed by keeping them an the port (left) hand of the vessel. A yellow horizontal band = provides no lateral information, but simply identifies aids as marking the ICW. O-- 1 �� ti 7 VISUAL BUOYAGE GUIDE — REGION B - by day Preferred Channel )11^ - Secondary Secondary Channel — — — CEEMEI ft AP' i REGION -B - by night Preferred Channel /1"•• }- Secondary Channel — — — FICTITIOUS NAUTICAL CHART RLL' e Plate 3 ALL WATERWAYS WARNING MARKERS 3" BLACK LETTERS 3" VERTICAL SPACING WHITE 2" ORANGE REFLECTIVE BORDER 6" BLACK LETTERS 3' \f/ 3' 6" BLACK LETTERS NO LATERAL SIGNIFICANCE. The word "DANGER" is to be placed on all warning daymarks. Informational words may be placed below, or above and below, to suit particular needs. Examples: DANGER or SUBMERGED ROCK DANGER PIPE "THE ABOVE IS RECOMMENDED INFORMATION ONLY" Appendix A-3 CHAPTER 5. DAYBOARDS A. Introduction. Dayboards differ in size and markings depending on the marking system and specific function. There are three marking systems used in the U.S.: General Use; Intercoastal Waterway (ICW); and Western Rivers. All three are based on a Lateral System, wherein marks are used to define the edges of a channel. Not all marks within a lateral system will have lateral significance. Safe -water marks and special marks, for example, do not provide the mariner with guidance on which side the mark should be passed. This chapter describes dayboard characteristics and provides guidance for selecting, preparing, inspecting and maintaining dayboards. B. Selection Guide. 1. Designations. Prior to selecting a dayboard, it is helpful to understand the standard designations and operational parameters. Every daymark, with the exception of information and regulatory marks, has a designator -composed of a numeral followed by a group of letters -which indicates its dimension, shape and color. The designator is constructed as follows: a. A NUMERAL gives the width of the dayboard in feet. b. The first LETTER refers to the shape or purpose of the dayboard. S — square; T — triangle; J — preferred channel; M — safe water; N — no lateral significance; K — range; and C — crossing. c. The second LETTER represents the key color: R — red; G — green; W — white; and B -- black. 5-1 CH -6 5.B.1. d. The third LETTER indicates the color of stripe (range dayboards only): R — red; G — green; W — white; and B — black. e. Additional information is shown by LETTERS placed after the dash (-): I — intracoastal waterway; SY — yellow square on dayboard (dual purpose); and TY yellow triangle on dayboard (dual purpose). As shown in Figure 5-1, a 6KRW-I designator indicates a 6 ft wide, red range dayboard with a white center stripe and a yellow, reflective strip along the bottom edge, which shows that it is used on the intracoastal waterway. The yellow strip is placed on the front dayboard only. 12 ft 6ft Dayboard film 2" Yellow retroreflective strip (full width across bottom edge) Figure 5-1. Sample 6KRW-I dayboard designator. CH -6 5-2 5.B.1.e (cont) A 4JR-SY designator indicates a 4 -ft wide, red and green, triangular dual- purpose preferred channel dayboard with a yellow square, as shown in Figure 5-2. The dayboard marks a junction between the intracoastal waterway (1CW) and another waterway, with the dayboard position denoting the port side of the ICW and the starboard side of the other waterway. 4 ft 4 ft Figure 5-2. Sample 4JR-SY dayboard designator. 2. Nominal Ranges. As a mariner approaches a dayboard from a distance, it is first detected as an object apart from its surroundings (detection range). Upon coming closer to the dayboard, it can be recognized as an aid to navigation with color and shape (recognition range). Finally, the particular aid can be identified when the mariner is close enough to read the numbers and letters on the dayboard (identification range). The values for these three ranges will depend on the mariner's vision and the viewing conditions. The nominal range rating used in the classification of dayboards will generally fall between the detection and recognition ranges, for days when the visibility is 10 nm or more. The identification range (in feet) for viewing dayboard characters is approximately 40 times the character height (in inches)—i.e., a 16 -in. character can be identified at 640 ft or just over 200 yd—in clear visibility. 5-3 CH -3 5.B. CH -3 3. Selection. Figure 5-3 is a functional diagram of the dayboard selection process. Start 1 Which SYSTEM? General Use; Intracoastal Waterway (ICW); Western Rivers. 1 Which SIGNAL? Port/Starboard; Preferred Channel; Safe -Water; Range; Passing; CIossing; Special Purpose; Warning; Location; Distance; Regulatory. What NOMINAL RANGE? 1 nm; 2 nm; 3 nm; 4 nm (range markers only); 5 nm (range markers only). 1 Enter Table 5-1 Figure 5-3. Selection procedure for dayboards. 5-4 5.B.3. Table 5-1 Reference Table for Dayboard Selection (Numbers refer to data sheets in Section E of this Chapter) Function (Nominal Range -nm) General Use W. Rivers 1CW Port and starboard (1) 5-E(1) 5-E(12) Port and starboard (2) 5-E(2) 5-E(12) Port and starboard (3) 5-E(3) 5-E(12) Preferred channel (1,2,3) 5-E(4) 5-E(20) 5-E(13) Safe -water (1,3) 5-E(5) 5-E(16) Range (1,2,3,4,5) 5-E(6) 5-E(6) 5-E(17) Non -Lateral (1,2,3) 5-E(7) 5-E(7)* 5-E(7) Warning (1,2,3) 5-E(8) 5-E(8) 5-E(8) Information & regulatory 5-E(9) 5-E(9) 5-E(9) Special (1,2,3) 5-E(10) 5-E(10) 5-E(10) Location (1,2,3) 5-E(11) 5-E(11) 5-E(11) Dual-purpose port and starboard (1,2,3) 5-E(14) — 5-E(14) Dual-purpose preferred channel (1,2,3) 5-E(15) — 5-E(15) Distance 5-E(21) 5-E(18) Passing (1,2,3) 5-E(19) * Non -lateral marks have replaced crossing marks in the Western Rivers. 5-5 CH -3 5.C. Preparation and Installation. 1. Preparation. Data Sheet 5-E(22) provides cutting patterns for dayboard backings. Application of dayboard film(s) and retroreflective characters shall be conducted in accordance with the manufacturers' instruction. Preparation of dayboards by units subsequent to the manufacturing stage should be limited to the selection and application of identifying marks, such as letters, numerals, and dual purpose and intracoastal waterway markings. Data Sheets 5-E(1) through 5-E-(21) provide guidance on the size, color, and placement of dayboard films and identifying markings. 2. Installation. Dayboards shall be fastened to their support structures in such a way as to meet or exceed a lifetime of 5 years. Common fasteners acceptable for this purpose are listed in Table 5-2. Table 5-2 Dayboard Support Structure Fasteners Structure Fastener Notes Wood Nails Minimum size 8d galvanized Minimum number, 4 per 8 -sq ft board area Concrete or steel (with platform) Lag screw Through bolts Carriage bolts U bolts or J bolts CH -3 5-6 Minimum size 3/8 in. galvanized Minimum number, 2 per 8 -sq ft board area 1/2 in. X 13 in. NC galvanized 1/2 in. X 13 in. NC aluminum Minimum number, 2 per 8 -sq ft board area 3/8 in. X 3 in. galvanized Minimum number, 2 per 8 -sq ft board area 5.C. 3. Dayboard Backings. Acceptable materials for dayboard construction are either 318 -in. or 1/2 -in. Medium Density Overlay (single -sided) plywood or 1/8 -in. commercial grade aluminum sheet. When Medium Density Overlay plywood is used, place the film on the wood facing and treat the exposed edges with a sealer, such as paint or polyurethane. Data Sheet 5-E(22) provides cutting patterns for dayboard backings. Knockdown rates and other special considerations may justify the use of less expensive backings. 4. Films and Characters. The surface of a dayboard is covered with a colored vinyl film and retroreflective tape, and may also have identifying characters (letters and numbers). Commandant (G -SEC) maintains separate Qualified Products Lists (QPLs) for red and green dayboard films and retroreflective materials. (White and black dayboard films are commercial items.) Identification of qualified suppliers of dayboard film and retroreflective materials will be promulgated by Commandat (G -SEC) annually. Retroreflective numbers and letters (A through E, R, T, and W) should be purchased from the Engineering Logistics Center (ELC). Remaining letters should be purchased from a qualified vendor. D. Inspection, Maintenance, and Repair on Station. 1. Inspection. Dayboards shall be inspected at least biennially. The dayboard surface and backing materials will deteriorate due to the effects of weathering— wind, rain, freezing temperatures, and sunlight cause delamination (separation), cracking, peeling, and fading. Attention shall be given to these conditions when inspecting according to the following guidelines. a. Backing Material. Delamination of the plies on a plywood backing should not affect more than 25 percent of the surface area. Any warpage should not visibly detract from the signal presented to the mariner. The backing should not be softened or otherwise deteriorated around the mounting points to a degree that the board could come loose in a storm typical for the area. b. Elastomeric Films, Retroreflective Numerals, Letters, and Borders. Delamination of films and retroreflective markings should not affect more than 10 percent of the surface area of the material. The film and markings should not be cracked, checked, or abraded so as to provide a dull or roughened top surface. Peeling of the film and markings from the dayboard should not affect more than 10 percent of the surface area. 5-7 CH -3 5.D. 2. Replacement or Repair. The dayboard shall be replaced if any of the deterioration noted above is observed, or if for any reason it cannot function as intended (in- cluding significant fading or other discoloration) until the next regularly sched- uled visit. Onsite repairs are permitted if they do not detract from the intended signal function of the dayboard. CH -3 5-8 5.E. General Description Data Sheets. GENERAL USE PORT AND STARBOARD MARKS System: General Use. Function: Laterally significant port and starboard marks. Nominal Range: 1 nm. Additional Data: For three numerals on a 3SG, use 8 -inch characters at a height of 14 inches from the base. For three numerals on a 4TR, use 8 -inch characters at a height of 12 inches. 36" T 12" 36" T 12" PORT 2" RETROREFLECTIVE BORDER 12" RETROREFLECTIVE NUMBER 36" 3SG DAYBOARD FILM STARBOARD 2" RETROREFLECTIVE BORDER 12" RETROREFLECTIVE NUMBERS 36" DAYBOARD FILM 48" 4TR 48" 10" 48" 7" • 48" Figure 5-4. General Use port and starboard marks. Data Sheet 5-E(1). General Use port and starboard marks (nominal range, 1 nm). 5-9 CH -3 5.E. GENERAL USE PORT AND STARBOARD MARKS System: General Use. Function: Laterally significant port and starboard marks. Nominal Range: 2 nrn. Additional Data: For three numerals on a 4SG, use 12 -inch characters at a height of 18 inches from the base. For three numerals on a 6TR, use 12 -inch characters at a height of 12 inches. PORT 3" RE 1'ROREFLECTIVE BORDER 48" T 16" RETROREFLECTIVE NUMBER 1- 16" 4 r 48" 4SG DAYBOARD FILM STARBOARD 3" RETROREFLECTIVE BORDER 48" 16" RETROREFLECTIVE NUMBERS 1- 16' 48" DAYBOARD FILM 72" 6TR A 72" 16" A 72" 12" 72" Figure 5-5. General Use port and starboard marks. Data Sheet 5-E(2). General Use port and starboard marks (nominal range -2 nm). CH -3 5-10 5.E. GENERAL USE PORT AND STARBOARD MARKS System: General Use. Function: Laterally significant port and starboard marks. Nominal Range: 3 nm. Additional Data: For three numerals on a 6SG, use 16 -inch characters at a height of 28 inches from the base. For three numerals on an 8'1'R, use 16 -inch characters at a height of 14 inches. A 72" T 24" 1 72" 1 24" 4 PORT 4" RETROREFLECTIVE BORDER 24" RETROREFLECTIVE NUMBER 72" 6SG DAYBOARD FILM STARBOARD 4" RETROREFLECTIVE BORDER 24" RETROREFLECTIVE NUMBERS --- _ 72„ DAYBOARD FILM 96" S'TR 96" 20" t 1 96" 14" 96" Figure 5-6_ General Use port and starboard marks. Data Sheet 5-E(3). General Use port and starboard marks (nominal range -3 nm). 5-11 CH -3 5.E. GENERAL USE PREFERRED CHANNEL MARKS System: General Use. Function: Laterally significant preferred channel marks_ Nominal Range: 1 nm (*as designated in Figure 5-7, below—use Table 5-3 for dimensions of preferred channel marks with nominal ranges of 1-, 2-, and 3 -nm). Additional Data: For both JG and JR markers, letters are vertically centered on the dividing line of the dayboard film. The Tetters on a JG dayboard are green, while those on a JRs are red. Preferred Channel to Starboard 2" RETROREFLECTIVE BORDER (R) 12" RETROREFLECTIVE LETTER (L) 36" (WO) 3JG* DAYBOARD F1LMVi Preferred Channel to Port 48" (WR) 4JR* Figure 5-7. General Use preferred channel marks. 48" (HR) 16" (hR) 11 Data Sheet 5-E(4). General Use preferred channel marks (nominal ranges, 1, 2, and 3 nm). CH -3 5-12 5.E. Table 5-3 Dimensions for 1-, 2-, and 3 -nm Nominal Range Dayboards for General Use Preferred Channel Marks Preferred Channel to Starboard Mark 3JG 4JG 6JG Nominal Range (nm) HG x WG (in) h6 (in) R (in) L (in) (1 letter) L (in) (2 letters) L(in) (3 letters) 1 2 3 36x36 48x48 72 x 72 18 24 36 2 3 4 12 16 24 12 16 24 8 12 16 Preferred Channel to Port Mark 4JR 6JR SJR Nominal Range (nm) 1 2 3 HR x WR (in) hR (in) 48 x 48 16 72 x 72 24 96 x 96 32 R (in) 2 3 4 L (in) (1 letter) 12 16 24 L (in) (2 letters) 12 12 16 L(in) (3 letters) 8 12 16 Data Sheet 5-E(4). (cont' d). 5-13 CH -3 5.E. GENERAL USE SAFE-WA'I ER MARKS System: General Use. Function: Safe -water markers. Nominal Range: 1 nm. and 3 nm. Additional Data: The 4MR daymark, illustrated in Figure 5-8a, is a 4 -ft octogon. The 8MR, shown in Figure 5-8b, is an 8 -ft octogon. Borders and letters on safe -water marks are white retroreflective material. Letters are centered on the red portion of the daymark. When display- ing two characters on a 4MR, use 8 -in letters. For a single character on an 8MR. use a 16 -in letter. 3" RE I'ROREFLECTIVE BORDER (WHI'T'E) 12" RETROREFLECTIVE LE'1'1'ER (WHITE) DAYBOARD FILM —RED —WHITE 4MR Figure 5-8a. General Use safe -water marks (nominal range --i nm). Data Sheet 5-E(5). General Use safe -water marks. CH -3 5-14 5.E. 6" RETROREFLECTIVE BORDER (W HI I'L) 12" RETROREFLECTIVE LE'1"I'LRS (WHITE) DAYBOARD FILM —RED —WHITE 96 8MR Figure 5-8b_ General Use safe water marks (nominal range -3 nm). Data Sheet 5-E(5). (cont' d). 5-15 CH -3 5.E. GENERAL USE OR WESTERN RIVERS RANGE MARKS System: General Use or Western Rivers. Function: Range marks. Nominal Range: 1 to 5 nm. See Table 5-4 for the dimensions of range boards required to acheive the various stated nominal ranges. Additional Data: Front and rear daymarks for a given range will be the same colors, although the sizes may vary. The front range board may be marked with a contrasting colored letter. Use a white retroreflective character on range boards with a black stripe (KWB, KRB and KGB), and a black vinyl film character on all other type range boards. Letters shall be centered on the range board. Use the largest letter which will fit on the center stripe. 2W W/4 ANY COMBINATION OF TWO OF THE FOLLOWING COLORS: RED, GREEN, BLACK , OR WHITE (SMALL-SCALE EXAMPLES) KWB KWR KRW KRB KBW 3W/8 W/4 3W/8 KBR KGB KBG KGR KRG W (W) KGR 11 Figure 5-9. General Use or Western Rivers range marks. W (W) KRW Data Sheet 5-E(6). General Use or Western Rivers range marks CH -3 5-16 2W 5.E. Table 5-4 Dimensions for 1- to 5 -nm Nominal Range Dayboards for General Use, or Western Rivers Range Marks Nominal Range (nm) Range Board Designation Width—W (ft) Width of Side Panels -3W/8 (in.) Width of Center Stripe—W/4 (in.) 1 3K 3 13.5 9 2 4K 4 18 12 3 6K_ 6 27 18 4 8K_ 8 36 24 5 12K 12 54 36 Data Sheet 5-E(6). (coned). 5-17 CH -3 5.E. ALL WATERWAYS NON -LATERAL MARKS (WESTERN RIVERS CROSSING MARKS) System: All waterways. Function: No lateral significance marks. Nominal Range: 1 nm (*as designated in Figure 5-10, below—use Table 5-5 for dimensions of non -lateral marks with nominal ranges of 1-, 2-, and 3 -nm). Additional Data: Use red retroreflective letters on NR marks, green retroreflective letters on NG marks, and white retroreflective letters on NB marks. These marks are used in the ICW without addition of the yellow strip. 8" RETROREFLECTIVE LE r1ER (R): RED, GREEN, OR WHITE DAYBOARD FILM —RED, GREEN, OR BLACK —WHITE 3NR* 2" WHILE RETROREFLECTIVE BORDER (R) Figure 5-10a. All waterways non -lateral marks. (Western Rivers crossing marks.) Data Sheet 5-E(7), All Waterways Non -Lateral Marks_ CH -3 5-18 5.E. NR CNR NG Figure 5-10b. Non -lateral marks (except Western Rivers) CNG NB NB Figure 5-10c. Crossing marks (optional) (Western Rivers) Table 5-5 Dimensions for 1-, 2-, and 3 -nm Nominal Range Dayboards for all Waterways Special Marks Mark Nominal Range (nm) H x W {in) Retro* (R) (in) Letter (L) (in) 3N 4N__ 6N 1 2 3 36 x 36 48 x 48 72x72 2 3 4 8 12 16 *For Western Rivers, the square retroreflective patch should be 6" for the 3N_, 8" for the 4N and 12" for the 61\1_. Data Sheet 5-E(7), cont'd 5-19 CH -6 5.E. ALL WATERWAYS WARNING MARKS System: All waterways. Function: No lateral significance warning marks. Nominal Range: lnm (*as designated in Figure 5-11, below -use Table 5-5 for dimensions of warning marks with nominal ranges of 1-, 2- and 3 -nm: except that the letter sizes for the word "DANGER" will be 6 -in for a 3NW, 8 -in for a 4NW and 10 -in for a 6NW. Other wording will have 3 -in letters on a 3NW, 4 -in on a 4NW and 5 -in on a 6NW). Additional Data: The word "DANGER" will be centered on the daymark. Informational words may be placed above and/or below, as necessary (see examples below). Warning marks are used in the ICW without addition of the yellow strip. 2" ORANGE RETROREFLECTIVE BORDER (R) EXAMPLES WITH INFORMATIONAL WORDING 3NW* 6" BLACK LETTERS WHITE DAYBOARD FILM Figure 5-11. All waterways warning marks. Data Sheet 5-E(8). All waterways warning marks (nominal ranges 1, 2 and 3 nm). CH -6 5-20 5.E ALL WATERWAYS INFORMATION & REGULATORY MARKS System: All waterways. Function: No lateral significance information & regulatory marks. Nominal Range: 1 n.rn (typical). Additional Data: Infonnation and regulatory marks do not have designators, as described in section B of this chapter. The border and center mark are orange retroreflective material. The remainder of the daymark is white dayboard film. Use black vinyl characters for informational wording, as necessary. Figure 5-12 illustrates the three types of information and regulatory marks, with typical wording. Information and regulatory marks are used in the ICW without addition of the yellow strip. Note—the warning mark, described in Data Sheet 5-E(8) is preferred to the "danger" version of the information and regulatory marks. 2" ORANGE RETROREFLBCT BORDER (R) RESTRICTED OPERATIONS WHITE DAYBOARD FILM BLACK LETTERS MULLET LAKE BLACK RIVER INFORMATION Figure 5-12. All waterways information & regulatory marks. Data Sheet 5-E(9). All waterways information & regulatory marks 5-21 CH -6 5.E. ALL WATERWAYS SPECIAL MARKS System: All waterways. Function: No lateral significance special marks. Nominal Range: 1 nm (*as designated in Figure 5-13, below—use Table 5-6 for dimensions of special marks with nominal ranges of 1-, 2-, and 3 -nm). 3NY* 2" YELLOW RETROREFLECTIVE BORDER (R) DAYBOARIJ FILM 12" BLACK LETTERS (L) Figure 5-13. All waterways special mark. Table 5-6 Dimensions for 1-, 2-, and 3 -nm Nominal Range Dayboards for All Waterways Special Marks Mark Nominal Range (nm) H x W (in) R (in) L (in) 3NY 1 36 x 36 2 12 4NY 2 48 x 48 3 16 6NY 3 72 x 72 4 24 CH -6 Data Sheet 5-E(10). General Use special marks (nominal ranges, 1, 2, and 3 nm). 5-22 5.E. ALL WATERWAYS LOCATION MARKERS System: All waterways. Function: No lateral significance location marks. Nominal Range: 1 nm, 2 nm, and 3 nm. See Table 5-7 for dimensions. Additional Data: Location marks are used to indicate the approach or entrance to a harbor. Location marks are placed on structures, directly below the existing daymark. Lettering on location marks should be vertically and horizontally centered on the dayboard. H w ORANGE RETROREFLECTIVE BORDER BLACK LETTERS Figure 5-14. All waterways location mark. Table 5-7 Dimensions for 1-, 2-, and 3 -nm Nominal Range Dayboards for All Waterways Location Marks WHITE DAYBOARD FILM Nominal Range (nm) H x W (in) Border Width (in.) Maximum Letter Size (in.) 1 2 3 18x48 24 x 72 30 x 96 2 3 4 6 8 10 Data Sheet 5-E(11). All waterways location marks (nominal ranges, 1, 2, and 3 nm). 5-23 CH -3 5.E. IN'I'RACOASTAL WATERWAY (ICW) PORT AND STARBOARD MARKS System: Intracoastal Waterway (ICW). Function: Laterally significant port and starboard marks. Nominal Range: 1, 2, and 3 nm. Additional Data: ICW daymarks are identical to their general use counterparts (Data Sheets 5-E(1)—(3)) except for the yellow reflective ICW marking. For lateral aids, this marking con- sists of yellow squares (port) or triangles (starboard). The yellow square or triangle is centered between the top of the reflective character and the reflective border. Table 5-8 provides the dimensions for dayboards with nominal ranges of 1, 2, and 3 nm. PORT2" RETROREFLECTIVE STARBOARD BORDER (R) 36" (Ho) 5„ hG' 36" (HG) 5„ ho' 1 36" (WG) 3SG-I 6" YELLOW RETROREFLECTIVE SQUARE/TRIANGLE (S/T) 12" RETROREFLECTIVE NUMBER (L) DAYI3OARD FILM 2" RETROREFLECTIVE BORDER (R) 6" YELLOW RETROREFLECTIVE SQUARE/TRIANGLE (SPT) - 36" (WG) 12" RETROREFLECTIVE NUMBER (L) DAYBOARD FILM 48" (WR) 4TR-I 48" (HR) 5" (hR') 48" (WR) Figure 5-15. Intracoastal Waterway port and starboard marks. Data Sheet 5-E(12). Intracoastal Waterway (ICW) port and starboard marks. CH -3 5-24 5.E Table 5-8 Dimensions for 1-, 2-, and 3 -nm Nominal Range Dayboards for Intracoastal Waterway (ICW) Port and Starboard Marks Port Mark Nominal Range (nm) HG x WG (in) hG' (in) R (in) SIT (in) L (in) (1 number) L (in) (2 numbers) L (in) (3 numbers) 3SG-I 4SG-I 6SG-I 1 2 3 36 x 36 48 x 48 72 x 72 5 6 7 2 3 4 6 9 12 12 16 24 12 16 24 8 12 16 Starboard Mark Nominal Range (nm) HR x WR (in) hR' (in) R (in) SIT (in) L (in) (1 number) L (in) (2 numbers) L (in) (3 numbers) 4TR-1 6TR-I 8TR-I 1 2 3 48 x 48 72 x 72 96 x 96 5 6 7 2 3 4 6 9 12 12 16 24 12 16 24 8 12 16 Note—Character sizes (L) and placement of the number above the base of the dayboard (1101R') are recommendations only. Smaller characters may be selected, however, the sizes must be uniform throughout the district. Data Sheet 5-E(11). (cont'd). 5-25 CH -3 5.E. INTRACOASTAL WATERWAY (ICW) PREFERRED CHANNEL MARKS System: Intracoastal waterway (ICW). Function: Laterally significant preferred channel marks. Nominal Range: 1 nm (*as designated in Figure 5-16, below—use Table 5-9 for dimensions of ICW port and starboard marks with nominal ranges of 1-, 2-, and 3- nm). Additional Data: ICW daymarks are identical to their general use counterparts (Data Sheet 5-E(4)) except for the yellow reflective ICW marking. For lateral aids, this marking consists of yellow squares (port) or triangles (starboard). The yellow square or triangle is centered between the top of the reflective character and the reflective border. H. G G Preferred Channel to Starboard 2" RETROREFLECTIVE BORDER (R) Preferred Channel to Port 6" YELLOW RETROREFLECTIVE SQUAREITRIANGEL (S/T) 12" RETROREFLECTIVE LETTER (L) WG 3JG-I DAYBOARD FILM WR 4JR-I Figure 5-16. Intracoastal Waterway preferred channel marks. Data Sheet 5-E(13). Intracoastal Waterway (ICW) preferred channel marks. CH -3 5-26 hR 5.E Mark 3JG-I 4JG-I 6JG-I Mark 4JR-T 6JR-I 8JR-I Table 5-9 Dimensions for 1-, 2-, and 3 -nm Nominal Range Dayboards for Intracoastal Waterway (ICW) Preferred Channel Marks Nominal Range (nm) 1 2 3 Nominal Range (nm) 1 2 3 He x WG (in) 36x36 48 x 48 72 x 72 HR x WR (in) 48 x 48 72 x 72 96 x 96 Port hG (in) 18 24 36 hG' (in) Starboard hR (in) 16 24 32 12 16 24 hR (in) 10 16 20 R (in) 2 3 4 R (in) 2 3 4 SIT (in) 6 9 12 L (in) (1 letter) 6 9 12 L (in) 12 16 24 L(in) (2 letters) 12 16 24 Note—Character sizes (L) and placement of the number above the base of the dayboard (hG/R') are recommendations only. Letters can be centered on the dividing line between the upper and lower sections of the dayboard, or may be lowered to provide for greater separation between the letter and the ICW marking (similar to placement on the SG -I and TR -I dayboards described in Data Sheet 5-E(12)). In either case, the letter(s) shall be the same color as the upper portion of the daymark. Smaller characters than those recommended in Table 5-9 may be selected, how- ever, the sizes must be uniform throughout the district. Data Sheet 5-E(13). (cont'd). 5-27 CH -3 5.E. DUAL PURPOSE (GENERAL USE/ICW) PORT AND STARBOARD MARKS System: Combined General Use and Intracoastal Waterways. Function: Laterally significant dual purpose port and starboard marks. Nominal Range: 1, 2, and 3 nm. Additional Data: Dual use port and starboard marks are identical to ICW port and starboard marks, except that the dayboard shape and color indicates the purpose of the mark in the General Use waterway only, while the ICW marking (yellow retroreflective square or triangle) indicates the purpose of the mark in the ICW. Therefore, the dayboard may mark opposite sides of the channels for the two waterways. Use the dimensions in Table 5-8 for daymarks with nominal ranges of 1, 2, and 3 nm. 36" (HG) 5" hG' DUAL PURPOSE PORT & STARBOARD MARKS (GENERAL USE MARKING SAME AS ICW MARKING) GENERAL USE -PORT ICW-PORT 36" (WG) 3SG-SY RETROREFLECTIVE BORDER (R) 6" YELLOW RETROREFLECTIVE SQUARE/TRIANGLE (SIT) GENERAL USE STARBOARD ICW-STARBOARD 12" RETROREFLECTIVE NUMBER (L) DAYBOARD FILM 48" (WR) 4TR-TY Figure 5-17a. Dual Use port and starboard marks (where lateral aid is same in General Use and ICW channels). Data Sheet 5-E(14). Dual Use (General Use and ICW) port and starboard marks. CH -3 5-28 48" (HR) 5" (hR') 5.E. 36" (FTG) 5„ ho' T DUAL PURPOSE PORT & STARBOARD MARKS (GENERAL USE MARKING OPPOSITE OF ICW MARKING) GENERAL USE -PORT ICW-STARBOARD 2" RETROREFLECTIVE BORDER (R) 6" YELLOW RETROREFLECTIVE SQUARE/TRIANGLE (SNI') GENERAL USE -STARBOARD ICW-PORT 12" RETROREFLECTIVE NUMBER (L) 36" (WG) 3SG-TY DAYBOARD FILM 48" (WR) 41R-SY Figure 5-17b. Dual Use port and starboard marks (where lateral aid is opposite in General Use and ICW channels). Data Sheet 5-E(14). (cont'd). 48" (HR) 5" (hR') 5-29 CH -3 5.E. DUAL PURPOSE (GENERAL USE/ICW) PREFERRED CHANNEL MARKS System: Combined General Use and Intracoastal Waterway. Function: Laterally significant dual purpose preferred channel marks. Nominal Range: 1, 2, and 3 nm. Additional Data: Dual use preferred channel marks are identical to ICW preferred channel marks, except that the dayboard shape and color indicates the purpose of the mark in the General Use waterway only, while the ICW marking (yellow retroreflective square or triangle) indicates the purpose of the mark in the ICW. Therefore, the dayboard may mark opposite sides of the shannels for the two waterways. Use the dimensions in Table 5-9 for daymarks with nominal ranges of 1, 2, and 3 nm. DUAL PURPOSE PREFERRED CHANNEL MARKS (GENERAL USE MARKING SAME AS ICW MARKING) Preferred Channel to: General Use—Starboard ICW—Starboard hG' 2" RETROREFLECTIVE BORDER (R) 6" YELLOW RETROREFLECTIVE SQUARE/TRIANGEL (S/T) — W. 3JG-SY 12" RETROREFLECTIVE LETTER (L) DAYBOARD FILM Preferred Channel to: General Use—Port ICW—Port WR 4JR-TY Figure 5-18a. Dual Use preferred channel marks (where lateral aid is same in General Use and ICW channels). Data Sheet 5-E(15). Dual Purpose(General Use and ICW) preferred channel marks. CH -3 5-30 5.E. HG DUAL PURPOSE PREFERRED CHANNEL MARKS (GENERAL USE OPPOSITE OF ICW MARKING) Preferred Channel to: General Use --Starboard ICW—Port hG 2" RETROREFLECTIVE BORDER (R) Preferred Channel to: General Use—Port ICW—Starboard 6" YELLOW RETROREFLECTIVE SQUARE/TRIANGEL (Sfr) 12" RETROREFLECTTVE LE 1'1'1,R (L) WG 3JG-TY DAYBOARD FILM WR 4JR-SY Figure 5-18b. Dual Use preferred channel marks (where lateral aid is opposite in General Use and ICW channels). Data Sheet 5-E(15). (cont'd). R 5-31 CH -3 5.E. INTRACOASTAL WATERWAY (ICW) SAFE -WATER MARKS System: Intercoastal Waterway (ICW). Function: Safe -water marks. Nominal Range: 1 and 3 nm. Additional Data: ICW daymarks are identical to their general use counterparts (Data Sheet 5-E(5)) except for the yellow reflective ICW marking. For aids with no laternal significance, such as a safe -water mark, this marking consists of a two-inch high yellow strip along the bottom of the dayboard. Use dimensions in Data Sheet 5-E(5) for appropriate sizing of 1 -nm and 3 -nm nominal range ICW safe -water markers_ 3" RETROREFLECTIVE BORDER (WHITE) 12" RETROREFLECTIVE LETIER (WHITE) DAYSOARD FILM —RED —WHITE 4MR-I 2" RETROREFLECTIVE ICW MARKING (YELLOW) Figure 5-19. Intercoastal Waterway (ICW) safe -water mark. Data Sheet 5-E(16). Intracoastal Waterway (ICW) safe -water marks. CH -3 5-32 5.E. IN IERCOASTAL WATERWAY (ICW) RANGE MARKS System: Intercoastal Waterway (ICW). Function: Intercoastal Waterway (ICW) range marks. Nominal Range: 1 to 5 nm Additional Data: ICW range marks are identical to their general use counterparts (Data Sheet 5-E(6)) except for the yellow reflective ICW marking. For range marks the ICW marking consists of a two-inch high yellow strip along the bottom of the front range board. The yellow strip is placed on the front range board only. Use the information in Data Sheet 5-E(6) for the appropriate dimensions and colors of ICW range marks. 2xW DAYBOARD FILM (TWO OF THREE COLORS: RED, GREEN, WHITE, OR BLACK) W (W) KRW-I CONTRASTING LETTER (OPTIONAL) 2" YELLOW RETROREFLECTIVE ICW MARKING Figure 5-20. Intracoastal Waterway (ICW) range mark_ Data Sheet 5-E(17)_ Intercoastal Waterway (ICW) range marks. 5-33 CH -3 5.E. INTRACOASTAL WATERWAY (ICW) DISTANCE MARKS System: Intracoastal Waterway (ICW). Function: No lateral significance distance (mile) marks. Nominal Range: 1/2 nm. Additional Data: Distance marks may be used in the ICW. A distance mark is normally placed on a structure immediately below the aid to navigation mark. The distance indicated is from a designated point, established by each district. 1 11 12" 1" 24" 123 Figure 5-21. Intracoastal Waterway (ICW) distance mark. Data Sheet 5-E(18). Intracoastal Waterway (ICW) distance marks. CH -3 5-34 3" BLACK LETTERS WHITE FILM 6" BLACK NUMBERS 5.E. WES'TERN RIVERS PASSING MARKS System: Western Rivers. Function: Laterally significant passing marks. Nominal Range: 1, 2, and 3 nm. Additional Data: Western River passing marks are identical to General Use port and starboard marks, with the exception that no numbers are used on the mark. Passing marks are typically used in conjuntion with Western Rivers distance marks (see Data Sheet 5-E(21)). Use the dimensions from Table 5-10 for passing marks with nominal ranges of 1-, 2-, and 3 -nm. 36" PORT -SIDE MARKER 2" RETROREFLECTIVE BORDER 36" 3SG DAYBOARD FILM STARBOARD -SIDE MARKER 48" 4TR Figure 5-22. Western Rivers passing marks. Dimensions for 1-, 2-, and 3 -nm Nominal Range Dayboards for Western Rivers Passing Marks Port -Hand Mark Mark Nominal Range HG x WG (in) R (in) 3SG 4SG 6SG 1 nm 2 nm 3nm 36 x 36 48 x 48 72 x 72 2 3 4 Starboard -Hand Mark 48" Mark Nominal Range HR x WR (in) R (in) 4TR 6TR 8TR l nm 2nm 3nm 48 x 48 72x72 96 x 96 2 3 4 Data Sheet 5-E(19). Western Rivers passing marks. 5-35 CH -3 5.E. WESTERN RIVERS PREFERRED CHANNEL MARKS System: Western Rivers. Function: Laterally significant preferred channel marks. Nominal Range: 1, 2, and 3 nm. Additional Data: Western Rivers preferred channel marks are identical to General Use preferred channel marks, with the exception that no letters are used. Use Table 5-11 to size preferred channel marks with nominal ranges of 1-, 2-, and 3 -nm. HG Preferred Channel to Starboard 2" RETROREFLECTIVE BORDER (R) W. 3JG DAYBOARD FILM Preferred Channel to Port WR 4JR Figure 5-23. Western Rivers preferred channel marks. Table 5-11 Dimensions for 1-, 2-, and 3 -nm Nominal Range Dayboards for Western Rivers Preferred Channel Marks Preferred Channel to Starboard Mark Nominal Range HG x WG (in) ha (in) R (in) 3SG 4SG 6SG 1 nm 2nm 3nm. 36 x 36 48 x 48 72x72 18 24 36 2 3 4 CH -3 Preferred Channel to Port HR Mark Nominal Range HR X WR (in) hR (in) R (in) 4TR 6TR 8TR l nm 2nm 3 nm 48 x 48 72x72 96 x 96 16 24 32 2 3 4 Data Sheet 5-E(20). Western Rivers preferred channel marks. 5-36 5.E. WESTERN RIVERS DISTANCE MARKS System: Western Rivers. Function: No lateral significance distance marks. Nominal Range: 1 nm Additional Data: Western Rivers distance marks are typically used in conjunction with passing marks (Data Sheet 5-E(19)) and non -lateral marks (Data Sheet 5-E(7)) which indicate where the channel crosses a river. Eight inch black numbers are horizontally and vertically centered on. the dayboard. The 1 -foot by 4 -foot distance mark is used in conjunction with all size passing and non -lateral marks. 48" 8" BLACK NUMBERS W1 -ITh FILM Figure 5-24. Western Rivers distance marks. Data Sheet 5-E(21). Western Rivers distance marks. 5-37 CH -3 5.E. PLYWOOD CUTTING PATTERN ASSEMBLED DAYBOARD PLYWOOD CUTTING PA1"1BRN 3' 3' 8' 3SG, 3SG-, 3JG, 3JG- ASSEMBLED DAYBOARD 3' Irm Figure 5-25. 3' 4111 1111. 2' PLYWOOD CUTTING PA 1 1'ERN 3CG, 3CR, 3NB, 3NG, 3NR, 3NW, 3NY CH -3 Figure 5-26. 1A.1,••••••••• * . = BACKING OR MILE BOARD MATERIAL Data Sheet 5-E(22). Plywood Cutting Pattern. 5-38 5.E. ASSEMBLED DAYBOARD 4' PLYWOOD CUTTING PA 1"1BRN 4' 4SG, 4SG 4JG, 4JG- ASSEMBLED DAYBOARD 4'111111 4' Figure 5-27. PLYWOOD CUTTING PA 1 1LRN 4 4 ad4 4CG, 4CR, 4NB, 4NG, 4NR,4NW,4NY Figure 5-28. Data Sheet 5-E(22). (coned). 5-39 CH -3 5.E. ASSEMBLED DAYBOARD 4' 4TR, 4TR-�., 4JR, 4JR- ASSEMBLED DAYBOARD CH -3 PLYWOOD CUTTING PA 1"1'ERN Figure 5-29. BACKING OR MILE BOARD MATERIAL PLYWOOD CUTTING PA I I'ERN I II 12"1 0 1'2'' „, „ff f 4' //,i,. 4' 4' 4M B,4M R Figure 5-30. Data Sheet 5-E(22). (cont'd). 5-40 = SCRAP 5.E. ASSEMBLED DAYBOARD PLYWOOD CUTTING PAI 1ERN 6 4 6' 6SG, 6SG- (3 SHEETS 4' X 8' PLYWOOD REQUIRED TO MAKE 2 DAYBOARDS) 2' 2' 2' Fa6' 4' NOTE: DASHED LINES INDICATE HOW DAYBOARD IS TO BE ASSEMBLED FROM CUT PLYWOOD PIECES Figure 5-31. Data Sheet 5-E(22). (cont'd). 5-41 CH -3 5.E. ASSEMBLED DAYBOARD PLYWOOD CUTTING PAI"I'ERN 6JG, 6JG- 6 2' Bei ■ (2 SHEETS 4' X S' PLYWOOD REQUIRED TO MAKE 1 DAYBOARD) = BACKING OR MILE BOARD MATERIAL NOTE: DASHED LINES INDICATE HOW DAYBOARD IS TO BE ASSEMBLED FROM CUT PLYWOOD PIECES Figure 5-32. Data Sheet 5-E(22). (cont' d). CH -3 5-42 5.E. ASSEMBLED DAYBOARD • PLYWOOD CUTTING PA I"I'ERN 6' 2' (2 SHEETS 4' X 8' PLYWOOD REQUIRED TO MAKE 1 DAYBOARD) = BACKING OR MILE BOARD MATERIAL 6CR, 6CG, 6NB, 6NG, 6NR, GNW, 6NY NOTE: DASHED LINES INDICATE HOW DAYBOARD IS TO BE ASSEMBLED FROM CUT PLYWOOD PIECES Figure 5-33. Data Sheet 5-E(22). (cont'd). 5-43 CH -3 5.E. ASSEMBLED DAYBOARD L PLYWOOD CUTTING PATTERN 4' 6 6TR, 6TR-, 6JR, 6JR- .t. 1? I BACKING OR MILE BOARD MATERIAL NOTE: DASHED LINES INDICA 1E HOW DAYBOARD IS TO BE ASSEMBLED FROM CUT PLYWOOD PIECES Figure 5-34. Data Sheet 5-E(22). (coned). CH -3 5-44 5.E. ASSEMBLED DAYBOARD PLYWOOD CUTTING PAI I ERN ea 8' 2' 4' 4' 4' Dwell ASSEMBLED DAYBOARD ALTERNATE PLYWOOD CUT"T"ING PATTERN IRA 8' 8' 4' 2' wl 8TR, 8TR-_, 8JR, 8JR- NO I E: JR- 4' T NOPE: DASHED LINES INDICATE HOW DAYBOARD IS TO BE ASSEMBLED FROM CUT PLYWOOD PIECES Figure 5-35. Data Sheet 5-E(22). (coned). 5-45 CH -3 5.E. PLYWOOD CUTTING PA I ERN 8 (2 SHEETS 4` X 8' PLYWOOD REQUIRED TO MAKE 1 DAYBOARD) ASSEMBLED DAYBOARD 2' 4" 1' 8„ NOTE: THIS LINE IS THE DEMARKATION BETWEEN THE RED AND WHITE FILMS. THE DASHED LINE INDICATES HOW THE DAYBOARD IS TO BE ASSEMBLED FROM CUT PLYWOOD PIECES. tatatattotatd = BACKING MATERIAL 8MR, 8MB Figure 5-36 Data Sheet 5-E(22). (coned). CH -3 5-46 1 5.E. ASSEMBLED DAYBOARD 9" 13.5" 411-0.13-5" ri__ 6 1 ASSEMBLED DAYBOARD +11-O 12" 18" r PLYWOOD CUTTING PAI TERN 411 s 4' 2' ■■ THESE LINES DENOTE THE PATTERN OF THE COLORED ELASTOMERIC FILMS = BACKING OR MILE BOARD MATERIAL OPTIONAL PLYWOOD CUTTING PATTERN 4 THESE LINES DENOTE THE PATTERN OF THE COLORED ELASTOMERIC FILMS NOTE: THE DASHED LINE INDICATES HOW DAYBOARD IS TO BE ASSEMBLED FROM CUT PLYWOOD PIECES. 4K Figure 5-38 Data Sheet 5-E(22). (coned). 5-47 CH -3 5.E. ASSEMBLED DAYBOARD 27" 18" 6 27" PLYWOOD CUTTING PAI"IERN L � 12' (3 SHEETS 4' X 8' PLYWOOD REQUIRED FOR ONE RANGE DAYBOARD) 6K THESE LINES DENOTE THE PATTERN OF THE COLORED ELASTOMERIC FILMS 4' NOTE: DASHED LINES INDICATE HOW DAYBOARD IS TO BE ASSEMBLED FROM CUT PLYWOOD PIECES Figure 5-39. Data Sheet 5-E(22). (cont'd). CH -3 5-48 5.E. ASSEMBLED DAYBOARD 3' 2' 8' 3' 8K V 16' OPTIONAL PLYWOOD CUTTING PATTERN THESE LINES DENOTE THE PATTERN OF THE COLORED ELASTOMERIC FILMS. 4' 7 4' 4' (4 SHEETS 4' X 8' PLYWOOD REQUIRED FOR ONE RANGE DAYBOARD) Figure 5-40. Data Sheet 5-E(22). (cont'd). 5-49 CH -3 5.E. ASSEMBLED DAYBOARD 54" 36" 54" 12' 12K 24' OPTIONAL PLYWOOD CUTTING PA 1'1'bRN 4' (9 SHEETS 4' X 8' PLYWOOD REQUIRED FOR ONE RANGE DAYBOARD) DASHED LINES INDICATE HOW DAYBOARD MAY POSSIBLY BE ASSEMBLED FROM THE 4' X 8' PLYWOOD SHEETS, IF PLYWOOD IS NOT CUT. Figure 5-41. Data Sheet 5-E(22). (coned). CH -3 5-50 5_E. ASSEMBLED MILEBOARD - 0 1 - - - - - 1 P j 4' F F -- MILE BOARDS MAY BE CONSTRUCTED FROM 4 X 8 SHEET OF PLYWOOD OR FROM 1 X 6 OR 2 X 4 SCRAP PIECES. MILE BOARDS ASSEMBLED DAYBOARDS i 2 4' H 1' PLYWOOD CUTTING PATTERN 1' 1' 1' 1' 1' 1' 1' Figure 5-42. OPTIONAL PLYWOOD CUTTING PATTERN 4' 4' 14' w i 1'6" 2' 6" S LOCATION DAYBOARDS MN - Figure 5-43 S' 2' Data Sheet 5-E(22). (coned). 8' PIN 5-51 CH -3 33 CFR PART 66 Page l of 11 Appendix A-4 Code of Federal Regulations Title 33 Navigation and Navigable Waters PART 66 -PRIVATE AIDS TO NAVIGATION Subpart 66.01—Aids to Navigation Other Than Federal or State Sec. 66.01-1 Basic provisions. 66.01-3 Delegation of authority to District Commanders. 66.01-5 Application procedure. 66.01-10 Characteristics. 66.01-15 Action by Coast Guard. 66.01-20 Inspection. 66.01-25 Discontinuance and removal. 66.01-30 Corps of Engineers' approval. 66.01-40 Exemptions. 66.01-45 Penalties. 66.01-50 Protection of private aids to navigation. 66.01-55 Transfer of ownership. Subpart 66.05—State Aids to Navigation 66.05-1 Purpose. 66.05-5 Definitions. 66.05-10 State waters for private aids to navigation; designations; revisions, and revocations. 66.05-20 Coast Guard -State agreements. 66.05-25 Change and modification of State aids to navigation. 66.05-30 Notice to Mariners. 66.05-35 Private aids to navigation other than State owned. 66.05-40 Corps of Engineers' approval. 66.05-100 Designation of navigable waters as State waters for private aids to navigation. Subpart 66.10—Uniform State Waterway Marking System 66.10-1 General. 66.10-5 [Reserved] 66.10-10 [Reserved] 66.10-15 Aids to navigation. 66.10-35 Navigation lights. Authority: 14 U.S.C. 83, 85, 43 U.S.C. 1333; Pub. L. 107-296, 116 Stat. 2135; 49 CFR 1.46. Subpart 66.01—Aids to Navigation Other Than Federal or State http://www.washingtonwatchdog.org/documents/cfr/title33/part66.html 5/9/2006 33 CFR PART 66 Page 2 of 11 Source: CGFR 68-152, 33 FR 19816, Dec. 27, 1968, unless otherwise noted. §66.01-1 Basic provisions. (a) No person, public body or instrumentality not under the control of the Commandant, exclusive of the Armed Forces, shall establish and maintain, discontinue, change or transfer ownership of any aid to maritime navigation, without first obtaining permission to do so from the Commandant. (b) For the purposes of this subpart, the term private aids to navigation includes all marine aids to navigation operated in the navigable waters of the United States other than those operated by the Federal Government (part 62 of this subchapter) or those operated in State waters for private aids to navigation (subpart 66.05). (c) Coast Guard authorization of a private aid to navigation does not authorize any invasion of private rights, nor grant any exclusive privileges, nor does it obviate the necessity of complying with any other Federal, State or local laws or regulations. (d) With the exception of radar beacons (racons) and shore based radar stations, operation of electronic aids to navigation as private aids will not be authorized. [CGFR 68-152, 33 FR 19816, Dec. 27, 1968, as amended by CGD 85-057, 51 FR 11448, Apr. 3, 1986] §66.01-3 Delegation of authority to District Commanders. (a) Under Section 888 of Pub. L. 107-296, 116 Stat. 2135, the Commandant delegates to the District Commanders within the confines of their respective districts (see Part 3 of this chapter for descriptions) the authority to grant permission to establish and maintain, discontinue, change or transfer ownership of private aids to maritime navigation, and otherwise administer the requirements of this subpart. (b) The decisions of the District Commander may be appealed within 30 days from the date of decision. The decision of the Commandant in any case is final. [CGFR 68-152, 33 FR 19816, Dec. 27, 1968, as amended by USCG -1998-3799, 63 FR 35526, June 30, 1998; USCG -2003-14505, 68 FR 9535, Feb. 28, 2003] §66.01-5 Application procedure. Application to establish and maintain, discontinue, change, or transfer ownership of a private aid to navigation shall be made to the Commander of the Coast Guard District in which the private aid to navigation is or will be located. Application forms (CG -2554) will be provided upon request. The applicant shall complete all parts of the form applicable to the aid to navigation concerned, and shall forward the application in triplicate to the District Commander. The following information is required: (a) The proposed position of the aid to navigation by two or more horizontal angles, or bearings and distance from charted landmarks. A section of chart or sketch showing the proposed location of the aid to navigation shall be included. http://www.washingtonwatchdog.org/documents/cfr/title33/part66.html 5/9/2006 33 CFR PART 66 Page 3 of 11 (b) The name and address of the person at whose expense the aid will be maintained. (c) The name and address of the person who will maintain the aid to navigation. (d) The time and dates during which it is proposed to operate the aid. (e) The necessity for the aid. (t) For lights: The color, characteristic, height above water, and description of illuminating apparatus. (g) For fog signals: Type (whistle, horn, bell, etc.) and characteristic. (h) For buoys or daybeacons: Shape, color, number, or letter, depth of water in which located or height above water. (i) For racons: Manufacturer and model number of racon, height above water of desired installation, and requested coding characteristic. Equipment must have FCC authorization. [CGFR 68-152, 33 FR 19816, Dec. 27, 1968, as amended by CGD 85-057, 51 FR 11448, Apr. 3, 1986] §66.01-10 Characteristics. The characteristics of a private aid to navigation shall conform to the United States Aids to Navigation System described in Subpart B of Part 62 of this subchapter, except that only tungsten -incandescent light sources will be approved for electric lights. [CGD 86-031, 52 FR 42645, Nov. 6, 1987, as amended by CGD 93-047, 58 FR 64153, Dec. 6, 1993; CGD 97-018, 63 FR 33573, June 19, 1998] §66.01-15 Action by Coast Guard. (a) The District Commander receiving the application will review it for completeness and will assign the aid one of the following classifications: Class I: Aids to navigation on marine structures or other works which the owners are legally obligated to establish, maintain and operate as prescribed by the Coast Guard. Class II: Aids to navigation exclusive of Class I located in waters used by general navigation. Class III: Aids to navigation exclusive of Class I located in waters not ordinarily used by general navigation. (b) Upon approval by the District Commander, a signed copy of the application will be returned to the applicant. Approval for the operation of radar beacons (racons) will be effective for an initial two year period, then subject to annual review without further submission required of the owner. [CGFR 68-152, 33 FR 19816, Dec. 27, 1968, as amended by CGD 85-057, 51 FR 11448, Apr. 3, 1986] §66.01-20 Inspection. http://www.washingtonwatchdog.org/documents/cfr/title33/part66.html 5/9/2006 33 CFR PART 66 Page 4 of 11 All classes of private aids to navigation shall be maintained in proper operating condition. They are subject to inspection by the Coast Guard at any time and without prior notice. §66.01-25 Discontinuance and removal. (a) No person, public body or instrumentality shall change, move or discontinue any authorized private aid to navigation required by statute or regulation (Class I, §66.01-15) without first obtaining permission to do so from the District Commander. (b) Any authorized private aid to navigation not required by statute or regulation (Classes II and III, §66.01-15) may be discontinued and removed by the owner after 30 days' notice to the District Commander to whom the original request for authorization for establishment of the aid was submitted. (c) Private aids to navigation which have been authorized pursuant to this part shall be discontinued and removed without expense to the United States by the person, public body or instrumentality establishing or maintaining such aids when so directed by the District Commander. §66.01-30 Corps of Engineers' approval. (a) Before any private aid to navigation consisting of a fixed structure is placed in the navigable waters of the United States, authorization to erect such structure shall first be obtained from the District Engineer, U.S. Army Corps of Engineers in whose district the aid will be located. (b) The application to establish any private aid to navigation consisting of a fixed structure shall show evidence of the required permit having been issued by the Corps of Engineers. §66.01-40 Exemptions. (a) Nothing in the preceding sections of this subpart shall be construed to interfere with or nullify the requirements of existing laws and regulations pertaining to the marking of structures, vessels and other obstructions sunken in waters subject to the jurisdiction of the United States (Part 64 of this subchapter), the marking of artificial islands and structures which are erected on or over the seabed and subsoil of the Outer Continental Shelf (Part 67 of this subchapter), or the lighting of bridges over navigable waters of the United States (Subchapter J of this subchapter). (b) Persons marking bridges pursuant to Subchapter J of this title are exempted from the provisions of §66.01-5. [CGD 78-156, 48 FR 11268, Mar. 17, 1983] §66.01-45 Penalties. Any person, public body or instrumentality, excluding the armed forces, who shall establish, erect or maintain any aid to maritime navigation without first obtaining authority to do so from the Coast Guard, with the exception of those established in accordance with §64.10 of this chapter, or who shall violate the regulations relative thereto issued in this part, is subject to the provisions of 14 U.S.C. 83. [CGD 78-156, 48 FR 11268, Mar. 17, 1983] http://www.washingtonwatchdog.org/documents/cfr/title33/part66.html 5/9/2006 33 CFR PART 66 Page 5 of 11 §66.01-50 Protection of private aids to navigation. Private aids to navigation lawfully maintained under these regulations are entitled to the same protection against interference or obstruction as is afforded by law to Coast Guard aids to navigation (Part 70 of this subchapter). If interference or obstruction occurs, a prompt report containing all the evidence available should be made to the Commander of the Coast Guard District in which the aids are located. §66.01-55 Transfer of ownership. (a) When any private aid to navigation authorized by the District Commander, or the essential real estate or facility with which the aid is associated, is sold or transferred, both parties to the transaction shall submit application (§66.01-5) to the Commander of the Coast Guard District in which the aid is located requesting authority to transfer responsibility for maintenance of the aid. (b) The party relinquishing responsibility for maintenance of the private aid to navigation shall indicate on the application form (CG -2554) both the discontinuance and the change of ownership of the aid sold or transferred. (c) The party accepting responsibility for maintenance of the private aid to navigation shall indicate on the application form (CG -2554) both the establishment and the change of ownership of the aid sold or transferred. (d) In the event the new owner of the essential real estate or facility with which the aid is associated refuses to accept responsibility for maintenance of the aid, the former owner shall be required to remove the aid without expense to the United States. This requirement shall not apply in the case of any authorized private aid to navigation required by statute or regulation (Class I, §66.01-15) which shall be maintained by the new owner until the conditions which made the aid necessary have been eliminated. Subpart 66.05—State Aids to Navigation Source: CGFR 66-32, 31 FR 10320, July 30, 1966, unless otherwise noted. §66.05-1 Purpose. The purpose of the regulations in this subpart is to prescribe the conditions under which state governments may regulate aids to navigation owned by state or local governments, or private parties. With the exception on the provisions of subpart 66.10, which are valid until December 31, 2003, aids to navigation must be in accordance with the United States Aids to Navigation System in part 62 of this subchapter. [CGD 97-018, 63 FR 33573, June 19, 1998] §66.05-5 Definitions. (a) The term State waters for private aids to navigation means those navigable waters of the United States which the Commandant, upon request of a State Administrator, has designated as waters within which a State government may regulate the establishment, operation, and maintenance of marine aids to http://www.washingtonwatchdog.org/documents/cfr/title33/part66.html 5/9/2006 33 CFR PART 66 Page 6 of 11 navigation, including regulatory markers. The Commandant will entertain requests to make such designations with respect to navigable waters of the United States not marked by the Federal government. These designations when approved will be set forth in separate sections by States in this subpart and will briefly describe or identify waters so designated. (b) The term Uniform State Waterway Marking System (USWMS) means the system of private aids to navigation which may be operated in State waters. Subpart 66.10, which describes the USWMS, expires on December 31, 2003. (c) The term State Administrator means the official of a State having power under the law of the State to regulate, establish, operate or maintain maritime aids to navigation on waters over which the State has jurisdiction. (d) The term State aids to navigation means all private marine aids to navigation operated in State waters for private aids to navigation, whether owned by a State, political subdivisions thereof or by individuals, corporations, or organizations. (e) The term regulate State maritime aids to navigation means to control the establishment, disestablishment, operation and maintenance of State aids to navigation. [CGFR 66-32, 31 FR 10320, July 30, 1966, as amended by CGD 97-018, 63 FR 33573, June 19, 1998] §66.05-10 State waters for private aids to navigation; designations; revisions, and revocations. (a) A State Administrator who desires to regulate State maritime aids to navigation in the navigable waters of the United States not marked by the Federal Government, shall request the Commandant to designate the specific bodies of water involved as State waters for private aids to navigation. (b) The request shall be forwarded to the District Commander in whose district the bodies of water are located. The request shall give the name and description of the waterway; the extent of use being made of the waterway for marine navigation, in general terms; an appropriate chart or sketch of the area; and a general outline of the nature and extent of the State aids to navigation which the Administrator plans to establish in the waterway. (c) The District Commander shall review the request and consult with the State Administrator concerning the terms of an initial agreement to be entered into under provisions of §66.05-20. When they have arrived at terms of an agreement satisfactory to both, the District Commander shall forward the request to the Commandant with his recommendations and the terms of agreement mutually settled upon. If they cannot reach such agreement, the District Commander shall forward the request with his recommendations and a statement of the points agreed upon and the points remaining at issue. (d) Upon receipt of the request, the Commandant will determine whether or not approval of the request is in the public interest and will inform the State Administrator and the District Commander of the Coast Guard's decision. If the request is approved, the designation by the Commandant of the waters in question as State waters for private aids to navigation will be also defined and described in this subpart. (e) The Commandant may, upon his own initiative or upon request, revoke or revise any designations of State waters for private aids to navigation previously made by him. Written notice shall be given the State Administrator of the action contemplated by the Commandant The State Administrator will be http://www.washingtonwatchdog.org/documents/cfr/title33/part66.html 5/9/2006 33 CFR PART 66 Page 7 of 11 afforded a period of not less than 30 days from the date of the notice in which to inform the Commandant of the State's views in the matter before final action is completed to revoke or revise such designation. §66.05-20 Coast Guard -State agreements. (a) The District Commander in whose District a waterway is located may enter into agreements with State Administrators permitting a State to regulate aids to navigation, including regulatory markers, in State waters for private aids to navigation, as, in the opinion of the District Commander, the State is able to do in a manner to improve the safety of navigation. When a waterway is located within the area of jurisdiction of more than one Coast Guard District, the District Commander in whose District the State capital is located shall execute the agreement in behalf of the Coast Guard. All such agreements shall reserve to the District Commander the right to inspect the State aids to navigation without prior notice to the State. They shall stipulate that State aids to navigation will conform to the Uniform State Waterway marking System or to the U.S. Aids to Navigation System and that the State Administrator will modify or remove State aids to navigation without expense to the United States when so directed by the District Commander, subject to the right of appeal on the part of the State Administrator to the Commandant (b) A Coast Guard -State agreement shall become effective when both parties have signed the agreements. In lieu of the procedure prescribed in §66.01-5, the agreement shall constitute blanket approval by the Commandant, of the State aids to navigation, including regulatory markers, established or to be established in State waters for private aids to navigation designated or to be designated by the Commandant. (c) In addition to the matters set forth in paragraph (a) of this section, Coast Guard -State agreements shall cover the following points, together with such other matters as the parties find it desirable to include: (1) A description, in sufficient detail for publication in Notices to Mariners, of all aids to navigations under State jurisdiction in navigable waters of the United States in existence prior to the effective date of the agreement which have not been previously approved under procedures of §66.01-5. (2) Procedures for use by the State administrator to notify the District Commander of changes made in State aids to navigation, as required by §66.05-25. (3) If prior to December 21, 2003, specification of the marking system to be used, whether the U.S. Aids to Navigation System or the Uniform State Waterway Marking System. (4) Specification of standards as to minimum size and shape of markers, the use of identifying letters, the use of reflectors or retroreflective materials, and any other similar standards so as to enable Coast Guard inspectors to determine compliance with Statewide standards. [CGD 86-031, 52 FR 42645, Nov. 6, 1987, as amended by CGD 97-018, 63 FR 33573, June 19, 1998] §66.05-25 Change and modification of State aids to navigation. (a) Wherever a State Administrator shall determine the need for change in State aids to navigation, he shall inform the District Commander of the nature and extent of the changes as soon as possible, preferably not less than 30 days in advance of making the changes. http://www.washingtonwatchdog.org/documents/cfr/title33/part66.html 5/9/2006 33 CFR PART 66 Page 8 of 11 §66.05-30 Notice to Mariners. (a) The District Commander may publish information concerning State aids to navigation, including regulatory markers, in the Coast Guard Local Notices to Mariners as he deems necessary in the interest of public safety. (b) Notices to Mariners which concern the establishment, disestablishment, or change of State aids to navigation, including regulatory markers, may be published whenever the aids to navigation concerned are covered by navigational charts or maps issued by the National Ocean Service or the U.S. Army Corps of Engineers. [CGFR 66-32, 31 FR 10320, July 30, 1966, as amended by USCG -2000-7223, 65 FR 40055, June 29, 2000; USCG -2001-9286, 66 FR 33640, June 25, 2001] §66.05-35 Private aids to navigation other than State owned. (a) No person, public body or other instrumentality not under control of the Commandant or the State Administrator, exclusive of the Armed Forces of the United States, shall establish, erect or maintain in State waters for private aids to navigation any aid to navigation without first obtaining permission to do so from the State Administrator. Discontinuance of any State aids to navigation may be effected by order of the State Administrator. §66.05-40 Corps of Engineers' approval. (a) In each instance where a regulatory marker is to be established in navigable waters of the United States which have been designated by the Commandant as State waters for private aids to navigation, the State Administrator is responsible for obtaining prior permission from the District Engineer, U.S. Army Corps of Engineers concerned, authorizing the State to regulate the water area involved, or a statement that there is no objection to the proposed regulation of the water area. A copy of the Corps of Engineers permit or letter of authority shall be provided by the Administrator to the District Commander upon request. (b) Similarly, where an aid to navigation is to be placed on a fixed structure or a mooring buoy is to be established in State waters for private aids to navigation, the State Administrator shall assure that prior permission or a statement of no objection to the structures or mooring buoys proposed is obtained from the District Engineer concerned. A copy of the permit or letter is not required by the District Commander. §66.05-100 Designation of navigable waters as State waters for private aids to navigation. In accordance with the procedures contained in §66.05-10(d), the following navigable waters listed by the State in which they are located, are designated as State waters for private aids to navigation: (a) Arizona. The portion of Lake Havasu within the State, except that portion within Havasu Lake National Wildlife Refuge. (b) Louisiana. The portion of Toledo Bend Reservoir within the State. http://www.washingtonwatchdog.org/documents/cfr/title33/part66.html 5/9/2006 33 CFR PART 66 Page 9 of 11 (c) Missouri. Teach water within the State except the: (1) Mississippi River; and (2) Missouri River. (d) Montana. The portion of Missouri River between the U.S. Highway 287 bridge near Townsend and Great Falls including the following impoundments: (1) Black Eagle Dam Reservoir. (2) Canyon Ferry Reservoir. (3) Hauser Lake. (4) Holter Lake. (5) Rainbow Dam Reservoir. (e) North Carolina. Each navigable water within the State not marked with Coast Guard aids to navigation on June 1, 1973. (1) Pennsylvania. The portion of Youghiogheny River Reservoir within the State. (f-1) South Carolina. (1) The portion of Lake Wylie within the State; (2) Lake Marion; (3) Lake Moultrie; and (4) Lake Murray. (g) Texas. The portion of Toledo Bend Reservoir within the State. (h) Virginia. (1) Claytor Lake, on the New River in Pulaski County. (2) Leesville Lake, on the Roanoke River below Smith Mountain Dam. (3) The portions of the following reservoirs within the State: (i) Gaston. (ii) Holston. (iii) John H. Kerr. (iv) Philpott. (i) Wisconsin. Navigable waters within the State not marked with Coast Guard aids to navigation as of May 1, 1996. [CGD 72-154R, 38 FR 33473, Dec. 5, 1973, as amended by CGD 76-015, 41 FR 12879, Mar. 29, 1976; CGD 80-132, 46 FR 27643, May 21, 1981; CGD 98-3604, 63 FR 55947, Oct. 20, 1998] http://www.washingtonwatchdog.org/documents/cfr/title33/part66.html 5/9/2006 33 CFR PART 66 Page 10 of 11 Subpart 66.10—Uniform State Waterway Marking System §66.10-1 General. (a) Until December 31, 2003, the Uniform State Waterway Marking System's (USWMS) aids to navigation provisions for marking channels and obstructions may be used in those navigable waters of the U.S. that have been designated as state waters for private aids to navigation and in those internal waters that are non -navigable waters of the U.S. All other provisions for the use of regulatory markers and other aids to navigation shall be in accordance with United States Aid to Navigation System, described in part 62 of this subchapter. (b) The USATONS may be used in all U.S. waters under state jurisdiction, including non -navigable state waters. [CGD 97-018, 63 FR 33574, June 19, 1998] §66.10-5 [Reserved] §66.10-10 [Reserved] §66.10-15 Aids to navigation. (a) USWMS aids to navigation may have lateral or cardinal meaning. (b) On a well defined channel including a river or other relatively narrow natural or improved waterway, an aid to navigation shall normally be a solid colored buoy. A buoy which marks the left side of the channel viewed looking upstream or toward the head of navigation shall be colored all black. A buoy which marks the right side of the channel viewed looking upstream or toward the head of a navigation shall be colored all red. On a well defined channel, solid colored buoys shall be established in pairs, one on each side of the navigable channel which they mark, and opposite each other to inform the user that the channel lies between the buoys and that he should pass between the buoys. (c) On an irregularly defined channel, solid colored buoys may be used singly in staggered fashion on alternate sides of the channel provided they are spaced at sufficiently close intervals to inform the user that the channel lies between the buoys and that he should pass between the buoys. (d) Where there is no well-defined channel or when a body of water is obstructed by objects whose nature or location is such that the obstruction can be approached by a vessel from more than one direction, supplemental aids to navigation having cardinal meaning (i.e., pertaining to the cardinal points of the compass, north, east, south, and west) may be used. The use of an aid to navigation having cardinal meaning is discretionary provided that the use of such a marker is limited to wholly State owned waters and the State waters for private aids to navigation as defined and described in this part. (e) Aids to navigation conforming to the cardinal system shall consist of three distinctly colored buoys. (1) A white buoy with a red top may be used to indicate to a vessel operator that he must pass to the south or west of the buoy. (2) A white buoy with a black top may be used to indicate to a vessel operator that he must pass to the http://www.washingtonwatchdog.org/documents/cfr/title33/part66.html 5/9/2006 33 CFR PART 66 Page 11 of 11 north or east of the buoy. (3) In addition, a buoy showing alternate vertical red and white stripes may be used to indicate to a vessel operator that an obstruction to navigation extends from the nearest shore to the buoy and that he must not pass between the buoy and shore. The number of white and red stripes is discretionary, provided that the white stripes are twice the width of the red stripes. [CGFR 66-32, 31 FR 10321, July 30, 1966, as amended by CGD 97-018, 63 FR 33574, June 19, 1998] Editorial Note: Amendatory instruction no. 16 at 63 FR 33574, June 19, 1998, revising paragraph (a) of §66.10-15, incorrectly referred to a nonexistent §66.19-15 in the heading of the amendatory language. The heading should read: "§66.10-15 Aids to navigation." §66.10-35 Navigation lights. A red light shall only be used on a solid colored red buoy. A green light shall only be used on a solid colored black or a solid colored green buoy. White lights shall be used for all other buoys. When a light is used on a cardinal system buoy or a vertically striped white and red buoy, it shall always be quick flashing. [CGD 97-018, 63 FR 33574, June 19, 1998] http://www.washingtonwatchdog.org/documents/cfr/title33/part66.html 5/9/2006 EXHIBIT B INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee and Director 1 copy of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability and Auto Liability policies by endorsement, and a waiver of subrogation by endorsement 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. C. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Underground Hazard (if applicable) 8. Boom Collapse and Overload $1,000,000 Per Occurrence $2,000,000 Aggregate PROFESSIONAL LIABILITY (E & 0) To be carried by Design Team (Engineers, Architects) $1,000,000 per claim BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Leased/Rented $1,000,000 Combined Single Limit WORKERS' COMPENSATION "All States" endorsement is required if contractor is not Domiciled in Texas. EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph II Of This Exhibit. $500,000 / $500,000 / $500,000 MARITIME COVERAGES U.S. LONGSHORE & HARBORWORKERS' COMPENSATION (Where Applicable) Which Complies with U.S. Longshore & Harborworkers Act. JONES ACT COVERAGE (Where Applicable) Which Complies with Jones Act. PROTECTION and INDEMNITY (P&I) (Where Applicable) $1,000,000 Per Occurrence C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States" endorsement shall be required if Workers' Compensation policy is not written in accordance with Texas Department of Insurance rules. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall submit copies of certificates of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as 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 policy • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Successful Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self- insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. L It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2015 ins req. Parks and Recreation Department Paackery Channel ATON Repair and Replacement Project 10/28/2015 ds Risk Mgmt. AGENDA MEMORANDUM Future Item for the City Council Meeting of December 08, 2015 Action item for the City Council Meeting on December 15, 2015 DATE: December 08, 2015 TO: Ronald L. Olson, City Manager FROM: Maria Pedraza, Procurement Manager mariape@cctexas.com (361) 826-3176 Carlos Gonzalez, AIA, Director of Facilities & Property Management Carlosg2@cctexas.com (361) 826-3567 Construction Contract for Repair of City Hall Skylight and Associated Improvements CAPTION: Motion authorizing the City manager or designee to execute a construction contract with Gourley Contracting, Corpus Christi, Texas in accordance with Bid Event No. 88 based on only bid for a total cost of $230,690.00 for the repair of City Hall Skylight and Associated Repairs. PURPOSE: The purpose of this Agenda Item is to execute a contract with Gourley Contracting for the Repair of the City Hall Skylight and Associated Repairs. BACKGROUND AND FINDINGS: City Hall was designed in 1988 by Taft Architects. The windows that comprise the skylight have undergone the extremities of heat, wind, and rain over the years. As a result, the skylight integrity has been compromised. Rain water seeps through cracks during and following rainfall, and persons walking through the atrium are directly affected. In addition, interior walls and finishes have be subjected to water damage and require proper attention. Broken tiles and roof damage has also been a contributing factor to the facility leaks. Entry to these roof areas are extremely limited and difficult to access. Fabricating and installing ladders will provide enhanced safety, greater accessibility, and further preservation of tiles, as well as comply with current building codes. 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: Facilities and Property Management 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 $416,390.55 $0.00 $416,390.55 Encumbered / Expended Amount $157,970.43 $0.00 $157,970.43 This item $230,690.00 $0.00 $230,690.00 BALANCE $27,730.12 $0.00 $27,730.12 Fund(s) Certificate of Obligations Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: DOMINGO VALDEZ BID TABULATION BID EVENT NO. 88 SKYLIGHT REPAIR ITEM DESCRIPTION QTY. UNIT Gourley Contracting, LLC Corpus Christi, Texas UNIT PRICE EXTENDED PRICE 1 Bidder shall furnish and install all necessary labor, materials, equipment, safety equipment, and supervision to compete the required repairs to stop the leakage at the 1.00 EA $170,242.00 $170,242.00 City Hall Skylight as per spec. 128 2 Labor material and equipment to install permanent steps to access all 4 corner roofs to eliminate ropes and walking directly on tiles. 3.00 EA $13,631.00 $40,893.00 3 Replace cracked, broken and missing roof tiles along(Material will be left onsite for future repairs) 1.00 EA $8,840.00 $8,840.00 4 Crane if mobilized later for item 2&3 1.00 EA $10,715.00 $10,715.00 TOTAL AWARD: $230,690.00 SERVICE AGREEMENT FOR REPAIR OF CITY HALL SKYLIGHT AND ASSOCIATED IMPROVEMENTS Service Agreement No. THIS Repair of City Hall Skylight and Associated Improvements Service 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 Gourley Contractor LLC ("Contractor"), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Repair of City Hall Skylight and Associated Improvements; WHEREAS the City has determined Contractor to be the sole service provider; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor shall provide Repair of City Hall Skylight and Associated Improvements Service in accordance with Bid Event No. 88 City Hall Skylight Repair with Specification No. 1268 dated 10/22/2015 ("Services"), which is 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". 2. Term. This Agreement is for a term of two (2) month, commencing on the date signed by the City Manager and continuing for twelve (12) months thereafter. 3. Payment. Payment terms are net 30 days after the goods are provided or services are completed, as required, or a correct invoice is received, whichever is later. 4. 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 serves as the Facility Building Maintenance Administrator, unless indicated otherwise in this Agreement. 5. Independent Contractor. Contractor shall perform the Services hereunder as an independent contractor and furnish such Services in its own manner and method, and under no circumstances will any employee, agent, or representative of the Contractor be considered an employee of the City. 6. 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 Facility Building Maintenance Administrator and the City's Risk Manager will be given at least thirty (30) days' notice 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 to Contractor. 7. 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. 8. 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. 9. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 10. 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. 11. 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 Facility Building Maintenance Administrator. 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. 12. Amendments. This Agreement may be amended only in writing and signed by persons authorized to execute the same by both parties. 13. 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. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. B. Alternatively, the City may terminate this Agreement without cause upon twenty (20) days' advance written notice to the Contractor. However, the City may terminate this Agreement upon twenty-four (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 ninety (90) days' advance written notice to the City. 14. Taxes. The Contractor covenants to pay all applicable federal and state 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. Upon request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. 15. Drug Policy. The Contractor must adopt and enforce a "Drug Free Workplace" policy. 16. Violence Policy. The Contractor must adopt and enforce a "Violence in the Workplace" policy. 17. Notice. Notice must be given by personal delivery, 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 must be sent as follows: IF TO CITY: City of Corpus Christi Attention: Facilities and Property Management Department P. O. Box 9277 Corpus Christi, Texas 78469-9277 1201 Leopard. Corpus Christi, Texas 78401 IF TO CONTRACTOR: Contractor Name: Contact Person: Mailing Address: City, State, ZIP: Physical Address: City, State, ZIP: Gourley Contracting Nikolas Foster 4921 Ambassador Row Corpus Christi, TX 78416 SAME 18. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new Repair of City Hall Skylight and Associated Improvements Service 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 provision or any part thereof is determined to be invalid and contrary to any 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 LOSS OR 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 ENTITY. 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 SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. Contractor: GourleLContracting, LLC Signature: Printed Name: Niko as Fos er Title: Project Manager Date: 11/19/2015 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Incorporated by Reference: Exhibit A: Bid Event No. 88, including City Specification No. 1268, dated 10/22/2015 (Available upon request) Exhibit B: Bidder's Bid Offer/Response (Available upon request) AGENDA MEMORANDUM Future Item for the City Council Meeting of December 08, 2015 Action Item for the City Council Meeting of December 15, 2015 DATE: December 8, 2015 TO: Ronald L. Olson, City Manager FROM: Maria Pedraza, Procurement Manager mariape(c�cctexas.com (361) 826-3176 Mark Van Vleck, Executive Director of Utilities markvv(c�cctexas.com (361) 826-1874 Lease -Purchase of One Box Van and One Mobile Camera Inspection Unit CAPTION: Motion approving the lease -purchase of one box van and one mobile camera inspection unit from the following companies for the amounts below for a total cost of $170,322.62. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Government (H -GAC). Funding is available from the City's lease purchase financing contractor. Houston Freightliner Houston, TX Box Van $47,861.00 Total Cost: $170,322.62 Green Equipment Company Manvel, TX Mobile camera inspection unit $122,461.62 PURPOSE: Approval to lease -purchase a box van and a mobile camera inspection unit to be used by the wastewater department. BACKGROUND AND FINDINGS: This Close Circuit Television (CCTV) van is replacing a previous unit that was decommissioned and sold a couple of years ago without being replaced. ALTERNATIVES: The box van and mobile camera inspection unit are not available in compressed natural gas (CNG). Due to the configuration, they are not compatible. OTHER CONSIDERATIONS: Financing for the lease -purchase of two items is based on a sixty -month term with an estimated interest rate of 2.5% for an annual payment of $36,273.36. The total estimated cost over the five-year period, including principal of $170,322.62 and interest of $11,044.18, is $181,366.80. Funding is available through the Utilities department general fund. 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: Wastewater 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 $128,947.00 $166,252.90 $295,199.90 Encumbered / Expended Amount $2.00 $0.00 $2.00 This item $15,113.90 $166,252.90 $181,366.80 BALANCE $113,831.10 $0.00 $113,831.10 Fund(s): Wastewater Department Comments: The $15,113.90 financial impact shown above represents five (5) months of expenditures that will be encumbered through the end of this fiscal year. The remaining $166,252.90 for the remaining fifty-five (55) months of the contract will be requested for future fiscal years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: DOMINGO VALDEZ ITEM DESCRIPTION QTY PRICE SHEET UNIT HGAC CONTRACT: SC01-15 LEASED- PURCHASE OF INSPECTION EQUIPMENT Green Equipment Company Manvel, Texas E019 Standard Rovver X System (E-RX- SYS-Truck_Basic) with accessories TOTAL: 1 Each ON IT1. EM 1201Spr6t2500 170" WB Hligh IR of Freightliner I QUNIT 1 ter Y I Each TOTAL: UNIT PRICE $122,461.620 EXTENDED PRICE $122,461.62 $122,461.62 HGAC CONTRACT NO. VE11-15 LEASED -PURCHASE OF 2016 FREIGHTLINER SPRINTER Houston Freightliner/C.C. Freightliner Houston, Texas UNIT PRICE EXTENDED PRICE $47,861.00 $47,861.00 $47,861.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 8, 2015 Action Item for the City Council Meeting of December 15, 2015 DATE: November 20, 2015 TO: Ronald L. Olson, City Manager THROUGH: Gustavo Gonzalez, P.E., ACM of Public Works and Utilities FROM: Mark Van Vleck, P.E., Executive Director of Utilities MarkV@cctexas.com (361) 826-1874 Approving an Amendment and Extension to the Agreement with Valero Refining — Texas, L.P. for recycled water CAPTION: Motion authorizing the City Manager or designee to execute a Second Amendment and Extension to the Agreement for Exclusive Reservation of Recycled Water with Valero Refining — Texas, L.P. (Valero) for 4 million gallons per day (mgd). PURPOSE: To obtain Council's review and approval; for the Second Amendment and Extension to the Agreement for Exclusive Reservation of recycled water with Valero Refining. BACKGROUND AND FINDINGS: In 2013, Valero expressed an interest in exploring the possibility of receiving and using the City's recycled water for cooling tower and other industrial use applications at both of its local Refineries doing business as the Valero Corpus Christi West Refinery and the Valero Corpus Christi East Refinery. On December 17, 2013, the City of Corpus Christi and Valero Refining -Texas, L.P., entered into an Agreement for Exclusive Reservation of Recycled Water, out of the Broadway Wastewater Treatment Plant, with a term of nine months, with an option to extend the Reservation Agreement for an additional three month period. During the initial reservation agreement term, Valero expressed preference to use the recycled water from the Greenwood Wastewater Treatment Plant (GWWTP) in lieu of the recycled water from the Broadway Wastewater Treatment Plant (BWWTP). The agreement was amended and extended in December 2014 for an additional period totaling 12 months. Valero is requesting a second amendment and extension to the reservation agreement totaling an additional 12 months to allow time to continue evaluation, equipment pilot testing, pipeline right of way development, project design, and discussions regarding possible framework for a long-term recycled water agreement. Under the terms of this Second Amendment and Extension to the Agreement for Exclusive Reservation, the City agrees not to enter into any other agreement or reservation for treated wastewater effluent that would in any way restrict the City's ability to furnish Valero the 4.0 MGD of treated wastewater effluent subject to this amendment. ALTERNATIVES: 1. Authorize the Amendment and Extension to the Agreement as proposed. 2. Request changes to the proposed Amendment and Extension to the Agreement. 3. Deny authority to execute the Amendment and Extension to the Agreement. 4. Deny authority to execute the Amendment and Extension to the Agreement and direct staff to issue an RFP for Industrial use of the City's recycled water. OTHER CONSIDERATIONS: The city's wastewater treatment plants produce recycled water that is classified as Type II reclaimed water. TCEQ has granted the City certain authority to deliver its recycled water for the Type II uses allowed under Chapter 210 of the Texas Administrative Code (TAC). Some of the City's golf course and cemetery customers use the City's recycled water for the Type II -allowable use of irrigating their golf courses and cemeteries. Although the law also allows for the use of Type II for cooling towers and other industrial applications, none of the City's Industrial district customers are using the City's recycled water at this time. CONFORMITY TO CITY POLICY: This item conforms to City policy to obtain Council's approval and authority to grant an interest in real property or the city asset of water, which is considered to be a real property -like asset. For our purposes here, the term water as used in this section includes treated wastewater, also known as "effluent", or "recycled water". An industrial water customer's use of the City's recycled water for allowable industrial uses is consistent with the City's water conservation policies. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating 0 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 BALANCE Fund(s): Water Comments: RECOMMENDATION: Approval of the Reservation as proposed. LIST OF SUPPORTING DOCUMENTS: Agreement for Exclusive Reservation of Recycled Water approved December 17 2013 (First) Amendment and Extension to the Agreement approved December 16, 2014 Second Amendment and Extension to the Agreement Agreement for Exclusive Reservation of Recycled Water Between Valero Refining —Texas, L.P. and City of Corpus Christi This Agreement for Exclusive Reservation of Recycled Water (the "Reservation") is made by and between The City of Corpus Christi, acting by and through its authorized representative, the City Manager or designee (the "City"), and Valero Refining — Texas, L.P. ("Valero"). Valero and the City may hereinafter be referred to as a "Party" or collectively as the "Parties". WHEREAS, Valero operates two petroleum refineries located in Corpus Christi, Texas; WHEREAS, the Texas Commission on Environmental Quality has issued an Authorization for Reclaimed Water to the City that provides the City with certain authority for the use and transfer of reclaimed water or treated wastewater effluent, referred to in this Agreement as "recycled water"); WHEREAS, Valero would like time to evaluate entering into a recycled water agreement with the City; NOW, THEREFORE, for and in consideration of mutual covenants herein contained, it is agreed by and between the Parties as follows: I. Reservation. A. Term and Fee. For and in consideration of payment of a reservation fee in the amount of One Hundred Thousand Dollars ($100,000.00) to be paid within thirty days of the date the City Manager or the City Manager's designee signs this Reservation, the City will reserve for the exclusive benefit of Valero the capacity for delivery of up to 4 million gallons per day (mgd) of recycled water/treated wastewater effluent from the new Broadway Wastewater Treatment Plant (BWWTP), or 4 million mgd from any of the City's other wastewater treatment plants in the event that the City will no longer be operating the BWWTP . The Reservation shall start on the Effective Date and expire nine months from the Effective Date. During the term of the Reservation, the City shall not enter into any other agreement or reservation for the 4.0 mgd of treated wastewater effluent from the BWWTP or an amount of treated wastewater effluent that would in any way restrict the City's ability to furnish Valero the 4.0 mgd of treated wastewater effluent subject to this Reservation. The nine-month reservation period is to allow Valero time for evaluation, equipment pilot testing and water quality testing to confirm suitability of the recycled water and any onsite treatment cost for the intended industrial applications. Before the expiration of the Reservation, Valero will inform the City in writing if it intends to enter into a recycled water agreement(s) for either or both of its local refineries dba the Valero Corpus Christi West Refinery and the Valero Corpus Christi East Refinery. 8. Effective Date. The Effective Date of this Reservation is the date upon which it is signed by the City. 2013-360 12/17/13 M2013-196 Valero Refining - Texas LP 1 INDEXED C. Termination. The City may terminate this Reservation in the event that Valero fails to timely pay the $100,000.00 reservation fee and Valero has been provided written notice of this failure and thirty (30) days to cure. D. Extension. Valero may request to extend this Reservation for an additional three-month period by providing the City with a written request at least thirty (30) days prior to the termination date of this Agreement. If the City approves Valero's request to extend this Reservation, upon Valero's payment of a reservation extension fee of Seventy -Five Thousand Dollars ($75,000.00), which must be received by the City before the termination date, this Reservation will extend for a period of three months. The extended Reservation shall be exclusive and during the extended term of the Reservation, the City shall not enter into any other agreement or reservation for the 4.0 mgd of treated wastewater effluent from the BWWTP or an amount of treated wastewater effluent that would in any way restrict the City's ability to furnish Valero the 4.0 mgd of treated wastewater effluent subject to this Reservation. E. Notices. Any notice provided for in this Reservation and any other notice, demand or communication which any Party may wish to send to any other Party relating to the subject matter of this Reservation shall be in writing and either delivered by recognized national overnight courier delivery service such as Federal Express, UPS or DHL, hand -delivered, or sent by regular U.S. postage prepaid, and addressed to the Party for which such notice, demand, or communication is intended at such Party's address as provided below. Copies of all notices to Valero shall include a copy to: If to Valero: Valero Refining—Texas, L.P. 1147 Cantwell Lane Corpus Christi, TX 78249-1616 Attn: Joe Almaraz Telephone: 361-289-3328 Facsimile: 361-289-3126 If to the City: City of Corpus Christi 2726 Holly Road Corpus Christi, TX 78415 Attn: Gustavo Gonzalez, Director of Water Operations Telephone: 361-826-1874 Facsimile: 361-826-1889 City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Attn: Veronica Ocanas, Senior Assistant City Attorney Telephone: 361-826-3375 Facsimile: 361-826-3239 Any Party may change its address for notice hereunder to any other address by giving written notice of such new address to the other Parties in accordance with this Section. Any notice, demand, or other communication shall be in English, and shall be deemed given and effective as of the date of delivery. The inability to deliver because of a changed address of which proper 2 notice was not given, or rejection or other refusal to accept any notice, demand or other communication, shall be deemed to be the receipt of the applicable notice, demand or other communication as of the date of such inability to deliver or rejection or refusal to accept. The date of notice shall be the date it is received by the addressee or the office of the addressee, whichever is earlier. II. Negotiation of Recycled Water Agreement Terms Within the Reservation Period. A. The Two Refineries. Upon written notice at any time during the term of this Reservation from Valero that it wishes to enter into a recycled water agreement for 4 mgd of recycled water, the Parties will negotiate the terms of any agreement in good faith. III. Reservation is Not a Reclaimed Water Supply Agreement. A. The Parties recognize that this Reservation is an agreement to reserve 4 mgd for a period of time, not an agreement to supply or deliver 4 mgd; that this Reservation neither outlines the specific and essential terms for the delivery or supply of recycled water, nor contains any prices or quantities for the delivery or supply of recycled water; and that a future agreement(s) between the Parties will be required. IV. Miscellaneous Terms. A. Complete Agreement. This Reservation embodies the entire agreement between the Parties hereto relating to the subject matter hereof, and supersedes and replaces in their entirety all prior understandings and agreements relating to the subject matter hereof. 8. Severability. Should any provision of this Reservation or portion hereof be declared invalid, void or unenforceable, it shall not affect the validity or enforcement of the remaining provisions or portion hereof which shall remain in full force and effect as if the Reservation had been executed without such invalid, void or unenforceable provision or portion hereof having been included. C. Assignment. The Parties may not assign the Reservation without the written consent of the other party. D. Modification and Waiver. This Reservation may not be modified or amended except by an instrument in writing duly executed by both Parties. Either party hereto may, by an instrument in writing, waive compliance with or breach of any term or provision of the Reservation by the other Party. The waiver by any Party hereto of compliance with or breach of any term or provision of the Reservation shall not be construed as a waiver of subsequent compliance or of any subsequent breach. E. Authority. Each person executing the Reservation represents that he or she has been duly authorized to do so by the Party on whose behalf he or she is signing, and that in so doing he or she shall bind such Party to all of the terms hereof. 3 F. Counterparts. The Parties may execute the Reservation in identical multiple counterparts, each of which shall be deemed an original and all of which together shall constitute but a single instrument. 4 IN WITNESS WHEREOF, the parties hereto have executed this Reservation to be effective upon approval by the City. VALERO: CITY: VALERO REFINING—TEXAS, L.P. By: CITY OF CORPUS CHRISTI By: Name: Dennis Payne Name: 8/2(f 4 l3 4%'ri? ff% Title: Senior Vice President & General Manager Title: DIP4 ry p(2f.rie 4I442 - Date: /EX/3(2-0(5 Date: 12- - ( 7-13 ATTEST . 1 ARMANDO CHAPA crn' SECRETAR" I ti �► 1 ClouiICIL .. hiLla 5 doia City of Corpus Chnsci 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: Valero Refining -- Texas, L.P. P. O. BOX: STREET ADDRESS: One Valero Way CITY: San Antonio FIRM. IS: 1. Corporation 4. Association 8 2. Partnership 5. Other ZIP: 78249 - 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 None 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 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 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 EXHIBIT "C" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION 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: Ethan Jones (Iy pc or Print l Signature of Certifying Person: Title: Assistant Secretary glI4Q-r4 Date: �%3 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Finn." 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 fine, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. g. EXHIBIT "C" Page 2 of 2 Amendment and Extension to the Agreement for Exclusive Reservation of Recycled Water Between Valero Refining -Texas, L.P. and City of Corpus Christi Whereas, on December 17, 2013, the City of Corpus Christi and Valero Refining -Texas, L.P. entered into an Agreement for Exclusive Reservation of Recycled Water ("the Reservation Agreement") with a term of nine months, with an option to extend the Reservation Agreement for an additional three-month period; Whereas, the Reservation Agreement provided for the City to reserve for the exclusive benefit of Valero the capacity for delivery of up to 4 million gallons per day ("mgd") of recycled water/treated wastewater effluent from the new Broadway Wastewater Treatment Plant ("BWWTP") or from any other wastewater treatment plants in the event that the City will no longer be operating the BWWTP; Whereas, Valero desires to reserve up to 4 mgd of recycled water/treated wastewater effluent from the Greenwood Wastewater Treatment Plant ("GWWTP") recycled water/treated wastewater effluent; Now, therefore, the parties agree to amend the Reservation Agreement and extend the term as follows (the "Amendment"); 1. The Reservation Agreement is amended so that the City agrees to reserve for the exclusive benefit of Valero up to 4 mgd of recycled water/treated wastewater effluent from the GWWTP. This amended Section I.A. replaces Section I.A. of the Reservation Agreement: 1. Reservation. A. Term and Fee. For and in consideration of payment of a reservation fee in the amount of One Hundred Thousand Dollars ($100,000.00) to be paid within thirty days of the date the City Manager or the City Manager's designee signs this Amendment, the City will reserve for the exclusive benefit of Valero up to 4 million gallons per day ("mgd") of recycled water/treated wastewater effluent from the Greenwood Wastewater Treatment Plant ("GWWTP"). During the term of the amended Reservation Agreement, the City shall not enter into any other agreement or reservation for treated wastewater effluent from the GWWTP. The Reservation as amended herein shall expire nine months from the Effective Date of this Amendment. The nine-month extended reservation period is to allow Valero and the City time for, including but not limited to evaluation, equipment pilot testing, pipeline right of way development, and project design. Before the expiration of this Amendment to the Reservation Agreement, Valero will inform the City in writing if it intends to enter into a recycled water agreement(s) for either or both of its local refineries dba the Valero Corpus Christi West Refinery and the Valero Corpus Christi East Refinery." Section I.D. of the Reservation Agreement is amended as follows: "D. Extension. Valero may extend this Amendment to the Reservation Agreement for an additional three-month period by providing the City with written notice at least thirty (30) days prior to the termination date of this Amendment along with an extension fee of Seventy -Five 1 Thousand Dollars ($75,000.00). During the three-month extended term of the reservation, the City shall not enter into any other agreement or reservation for treated wastewater effluent that would in any way restrict the City's ability to furnish Valero the 4.0 mgd of treated wastewater effluent subject to this Amendment." 2. This Amendment to the Reservation Agreement takes effect on December 16, 2014 (the "Effective Date"). 3. Within thirty days of the date the City Manager or the City Manager's designee signs this this Amendment to the Reservation Agreement Valero will pay the City One Hundred Thousand Dollars ($100,000.00). 4. Any provision of the Reservation Agreement that is not expressly amended by this Amendment remains unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year written below. VALERO: CITY: VALERO REFINING —TEXAS, L.P. CITY OF CORPUS CHRISTI By: By: 1. • A` Name: Dennis Payne Name: MaTi C Title: Senior Vice President & General Manager Title:LCf1{ G'T[.! M A.114Cre— Date: 1 �- I Date: J -/3o /41 ATTEST T? REBECCA HUERTA CITY SECRETARY 20 lr1AUI$u+«., +r cam. Y2- S i `ta CFCRFTAav Second Amendment and Extension to the Agreement for Exclusive Reservation of Recycled Water Between Valero Refining -Texas, L.P. and City of Corpus Christi Whereas, on December 17, 2013, the City of Corpus Christi and Valero Refining -Texas, L.P. entered into an Agreement for Exclusive Reservation of Recycled Water ("the Reservation Agreement") with a term of nine months, with an option to extend the Reservation Agreement for an additional three-month period; Whereas, the Reservation Agreement provided for the City to reserve for the exclusive benefit of Valero the capacity for delivery of up to 4 million gallons per day ("mgd") of recycled water/treated wastewater effluent from the new Broadway Wastewater Treatment Plant ("BWWTP") or from any other wastewater treatment plants in the event that the City will no longer be operating the BWWTP; Whereas, the Parties later determined that recycled water from the Greenwood Wastewater Treatment Plant ("GWWTP") would be preferable; Whereas, the Parties entered into an Amendment and Extension to the Agreement for Exclusive Reservation of Recycled Water Between Valero Refining -Texas, L.P. and City of Corpus Christi on December 16, 2014 which reserved 4 mgd from the GWWTP for Valero, provided a term of nine months, and provided for one three-month extension after the nine-month term (the "Amendment"); Whereas, the Amendment will expire on December 16, 2015 and the Parties desire to further extend the Reservation Agreement; Now, therefore, the Parties agree to amend the Reservation Agreement and extend the term as follows (the "Second Amendment"); 1. The Reservation Agreement is amended so that the City agrees to reserve for the exclusive benefit of Valero up to 4 mgd of recycled water/treated wastewater effluent from the GWWTP. This amended Section I.A. replaces Section I.A. of the Reservation Agreement: "I. Reservation. A. Term. For and in consideration of the mutual promises and agreements set forth herein, the City will reserve for the exclusive benefit of Valero up to 4 million gallons per day ("mgd") of recycled water/treated wastewater effluent from the Greenwood Wastewater Treatment Plant ("GWWTP"). During the term of the amended Reservation Agreement, the City shall not enter into any other agreement or reservation for treated wastewater effluent from the GWWTP. The Reservation Agreement as amended herein shall expire nine months from the Effective Date of this Second Amendment. The nine-month extended reservation period is to allow Valero and the City time for, including but not limited to evaluation, equipment pilot testing, pipeline right of way development, project design, and project financing. 1 Section I.D. of the Reservation Agreement is amended as follows: D. Extension. The Parties may extend the Reservation Agreement by mutual agreement. 2. This Amendment to the Reservation Agreement takes effect on December 16, 2015 (the "Effective Date"). 3. Any provision of the Reservation Agreement that is not expressly amended by this Amendment remains unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the day and year written below. VALERO: CITY: VALERO REFINING —TEXAS, L.P. CITY OF CORPUS CHRISTI By: By: Name: Dennis Payne Name: Title: Senior Vice President & General Manager Title: Date: Date: 2 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 8, 2015 Action Item for the City Council Meeting of December 15, 2015 DATE: TO: Ronald L. Olson, City Manager October 29, 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, Engineering Services JeffreyE©cctexas.com (361) 826-3851 Enqineerinq Construction Contract Greenwood Wastewater Treatment Plant Flare Permit Metering CAPTION: Motion authorizing the City Manager or designee to execute a construction contract with Palacios Marine & Industrial Coating, Inc. of Palacios, Texas in the amount of $87,788.60 for the Greenwood Wastewater Treatment Plant Flare Permit Metering for the total Base Bid. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract to install piping, electrical improvemets and equipment required to maintain compliance with the Greenwood Wastewater Treatment Plant Flare Permit for the total Base Bid. BACKGROUND AND FINDINGS: The Texas Commission on Environmental Quality (TCEQ) requires the City to have an air permit to maintain and operate the digester flare that control gases at the Greenwood Wastewater Treatment Plant (WWTP). That air permit requires flow meters to collect and characterize air emissions at the digesters. Currently, there are no flow meters installed in the pipe from the digester to the flare at the Greenwood WWTP. This construction project provides for the required improvements that include installation of two access vaults, tapping saddles, in-line style flow meter, underground conduit, flowmeter remote readouts, and sampling taps. On August 5, 2015, the City received a proposal from one (1) bidder for $157,779 that exceeded the Engineer's Opinion of Probable Construction. Therefore, the bid was rejected and project was re -advertised. On October 14, 2015, the City received three (3) bids as follows: CONTRACTOR TOTAL BASE BID Palacios Marine & Industrial Coating, Inc. Palacios, Texas $87,788.60 J.S. Haren Company Athens, Tennessee $117,700.00 Alman Construction Corpus Christi, Texas $160,401.73 Naismith Engineering, the Consultant Engineer, conducted a bid analysis of the three (3) proposals submitted to the City. After reviewing the Statement of Experience submitted by Palacios Marine & Industrial Coating, Inc., Naismith Engineering recommends award of the construction contract to Palacios Marine & Industrial Coating, Inc. as the lowest responsible bidder. ALTERNATIVES: 1. Authorize the execution of the construction contract. 2. Do not authorize the execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: The Engineer's Opinion of Probable Construction Cost (OPCC) is $75,159. The bid of Palacios Marine & Industrial Coating, Inc. is greater than the Engineer's OPCC; however, project funds are available to allow for the construction of the Base Bid. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $63,700.00 $105,000.00 $168,700.00 Encumbered / Expended Amount $63,700.00 $63,700.00 This Item $87,788.60 $87,788.60 Future Anticipated Expenditures This Project $13,606.40 $13,606.40 BALANCE $0.00 $3,605.00 $3,605.00 Fund(s): Wastewater CIP #14 and Wastewater Operating Comments: This project requires approximately 120 calendar days with anticipated completion in April 2016. The construction contract will result in the expenditure of an amount not to exceed $87,788.60. RECOMMENDATION: City Staff recommends approval of the construction contract with Palacios Marine & Industrial Coating, Inc. of Palacios, Texas in the amount of $87,788.60 for the Greenwood Wastewater Treatment Plant Flare Permit Metering for the total Base Bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET Greenwood Wastewater Treatment Plant Flare Permit Metering FUNDS AVAILABLE: Wastewater Operating $63,700 Wastewater CIP (Unanticipated Wastewater Capital Requirements) $105,000 TOTAL $168,700 FUNDS REQUIRED: Construction (Palacios Marine & Industrial Coating, Inc.) THIS ITEM 87,788 Contingency (10%) 8,779 Engineer Fees: *Engineer Original Contract - Amendment No. 2 (Naismith Engineering) 63,700 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 1,536 Engineering Services (Project Mgmt/Constr Mgmt) 2,853 Miscellaneous 439 TOTAL 165,095 ESTIMATED PROJECT BUDGET BALANCE $3,605 *The Naismith contract fee of $63,700 consists of $11,250 for design, $6,000 for Front -End document revision and construction services, and $46,450 for permitting assistance. *Amendment No. 1 was approved by City Council on December 18, 2012 by Motion M2012-207. Greenwood Wastewater Treatment Plant Greenwood Wastewater Treatment Plant Flare Permit Metering CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 Carpus Chir sti Engineering Greenwood Wastewater Treatment Plant Flare Permit Metering Council Presentation December 8, 2015 Project Location Greenwood Wastewater Treatment Plant _, Saratoga Blvd. 'JO pOOMUaaJ -Ad x3 umo;ssa� Corpus CYtr sti Engineering Project Scope Corpus Cftr sti Engineering Saratoga Blvd. •.ia pOOMUOOJC TCEQ requires an air permit for digester flare to control gas emissions. To collect and characterize the gases, this project provides the following components: 1. Two access vaults 2. Tapping saddles 3. In-line style flow meter 4. Underground conduit 5. Flowmeter remote readouts 6. Sampling taps Project Schedule Corpus Chr sti Engineering 2015 2016 Aug Sep Oct Nov Dec Jan Feb Mar Apr Bid & Award Construction Construction Estimate: 120 Calendar Days 4 Months Projected Schedule reflects City Council award of construction in December 2015 with anticipated construction completion by April 2016. AGENDA MEMORANDUM Future Item for the City Council Meeting of December 8, 2015 Action Item for the City Council Meeting of December 15, 2015 DATE: TO: Ronald L. Olson, City Manager October 29, 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, Engineering Services JeffreyE©cctexas.com (361) 826-3851 Engineerinq Contract City -Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity Program CAPTION: Motion authorizing the City Manager or designee to execute two contract amendments, Amendment No. 6 with LNV, Inc. of Corpus Christi, Texas in the amount of $129,275 for a total restated fee not to exceed $671,745, and Amendment No. 2 with Urban Engineering of Corpus Christi, Texas in the amount of $120,880 for a total restated fee not to exceed $362,640. These two contract amendments provide for engineering design services for the City's wastewater collection system. PURPOSE: The purpose of this agenda item is to obtain authority to execute professional service contracts needed for the City -Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity (IDIQ) Program. BACKGROUND AND FINDINGS: The Wastewater ID/IQ Program consists of wastewater collection system infrastructure repair/ replacement in the six wastewater plant service basins. The scope of work includes, but is not limited to: rehabilitation and/or replacement of manholes, rehabilitation and/or replacement of gravity collection lines and/or force mains by pipe bursting, cured -in-place pipe, and/or open -cut method for lines up to 36 -inches in diameter, gravity line point repairs, dewatering through well pointing, control of wastewater flows through bypass pumping, cleaning and televised inspection of conduits, as needed Storm Water Pollution Prevention Plans/permit compliance (subsidiary), and temporary traffic controls. In March 2013, the City awarded original contracts to Urban Engineering, LNV Inc., and Coym, Rehmet & Gutierrez Engineering, L.P (CRG) to provide engineering services in the form of Delivery Orders (DO) for the City -Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity (IDIQ) Program. From March 2013 to date, LNV has provided 23 Delivery Orders and associated construction services within the service basins of Greenwood Wastewater Treatment Plant and Oso Water Reclamation Plant; Urban Engineer has provided 13 Delivery Orders and associated construction services within the service basins of Allison Wastewater Treatment Plant and Broadway Wastewater Treatment Plant; and CRG has provided 4 Delivery Orders and associated construction services within the service basins of Laguna Madre Wastewater Treatment Plant and Whitecap Wastewater Treatment Plant. Table 1 below presents the wastewater service basins and the DOs accomplished to date by each Engineer, and Table 2 below summarizes AE contracts status. Table 1. Summary of Delivery Orders Wastewater Service Basins Responsible Engineers Delivery Orders Number to Date Total Delivery Oder Construction Amount ($) Allison Urban Engineering 13 $3,368,156 Broadway Greenwood LNV, Inc. 23 $7,132,097 Oso Laguna Madre Coym, Rehmet & Gutierrez Engineering, L.P 4 $986,315 Whitecap Table 2. Summary of AE Contract Status Engineer AE Contract Amount ($) Description LNV, In.c. Original Contact $162,950 Preparation of Plans and Specs, and delivery orders Amendment No.1 $49,000 Construction management servces and delivery orders preparation. Amendment No.2 $39,850 Construction management servces and delivery orders preparation. Amendment No.3 $5,820 Provide traffic control plans for to perform rehabilitation work in TxDOT right-of-way. Amendment No.4 $46,300 Provide plans, specs and delivery orfer to select pipe bursting contractor. Amendment No.5 $238,550 Construction management servces and delivery orders preparation. Amendment No.6 $129,275 Construction management servces and delivery orders preparation. Urban Engineering Original Contact $120,880 Construction management servces and delivery orders preparation. Amendment No.1 $120,880 Construction management servces and delivery orders preparation. Amendment No.2 $120,880 Construction management servces and delivery orders preparation. CRG, L.P Original Contact $120,880 Construction management servces and delivery orders preparation. Urban Engineering, LNV, Inc., and CRG were selected through Request for Qualifications (RFQ) No. 2011-05. Selection was based upon qualifications and consistent with the RFQ criteria. ALTERNATIVES: 1. Authorize the execution of the engineering contract. 2. Do not authorize the execution of the engineering contract. (Not Recommended) OTHER CONSIDERATIONS: On March 19, 2013, the City Council awarded a construction contract in the amount of $5,500,000 to National Power Rodding Corporation (NPRC) for a two-year base term (24 - calendar months), plus the option to extend for up to three one-year periods (12 -calendar months). The base construction contract amount was exhausted in early 2014, and the City administratively renewed another two year construction contract on April 22, 2014 and the last year construction contract on September 30, 2015 based on NPRC's construction performance and budget availability in FY 2013 through 2016. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $20,459,777.00 $10,000,000.00 $30,459,777.00 Encumbered / Expended Amount $15,806,440.00 $15,806,440.00 This Item (LNV) $129,275.00 $129,275.00 This Item (Urban) $120,880.00 $120,880.00 Future Anticipated Expenditures This Project $110,542.00 $110,542.00 BALANCE $4,653,337.00 9,639,303.00 $14,292,640.00 Fund(s): Wastewater CIP #2 Comments: This project requires approximately 365 calendar days with anticipated completion in October 2016. The amendment will result in the expenditure of an amount not to exceed $129,275 for LNV, Inc. and $120,880 for Urban Engineering. RECOMMENDATION: City Staff recommends approval of Amendment No. 6 to the engineering contract with LNV, Inc. of Corpus Christi, Texas in the amount of $129,275 for a total restated fee not to exceed $671,745 and to execute Amendment No. 2 to the engineering contract with Urban Engineering of Corpus Christi, Texas in the amount of $120,880 for a total restated fee not to exceed $362,640 for the City -Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity (IDIQ) Program. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET CITY-WIDE COLLECTION SYSTEM REPLACEMENT AND REHABILITATION INDEFINITE DELIVERY/INDEFINITE QUANTITY PROGRAM FUNDS AVAILABLE: Wastewater CIP $30,459,777 FUNDS REQUIRED: *Construction FY 2013-2014 (National Power Rodding Corp) $5,222,045 Construction FY 2014-2015 (National Power Rodding Corp) $5,500,000 Construction FY 2015-2016 (National Power Rodding Corp) $2,750,000 Contingencies (5%) $941,102 Engineer Fees: *Engineer Original - Amendment No. 5 (LNV, Inc.) $542,470 Engineer Amendment No. 6 THIS CONTRACT (LNV, Inc.) $129,275 *Engineer Original - Amendment No. 1(Urban Engineering) $241,760 Engineer Amendment No. 2 THIS CONTRACT (Urban Engineering) $120,880 *Engineer (Coym, Rehmet & Gutierrez Engineering, LP) $120,880 Geotechnical Study & Testing (Rock Engineering) $9,014 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) $187,635 Engineering Services (Project Mgmt/Construction Mgmt) $348,466 Misc $53,610 TOTAL $16,167,137 PROJECT BUDGET BALANCE $14,292,640 *Original contracts approved by City Council on March 19, 2013 by Motion No. M2013-047. Amendment No. 5 for LNV and Amendment No. 1 for Urban approved by City Council on March 31, 2015 by Motion No. 2015-030. Professional services performed were authorized under individual contracts. LEGEND URBAN LNV CRG LOCATION MAP NOT TO SCALE • LAGUNA MADRE L HITECA P PROJECT: E1415 CITY-WIDE COLLECTION SYSTEM REPLACEMENT AND REHABILITATION INDEFINITE DELIVERY/INDEFINITE QUANTITY PROGRAM CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 CITY OF CORPUS CHRISTI AMENDMENT NO. 6 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("City") and LNV, Inc. ("Consultant"), agree to the following amendments to the Contract for Professional Services for Citywide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity (IDIQ) Program (Project No. E121611E14015): Original Agreement March 19, 2013 Motion No. M2013-047 $162,950.00 Amendment No. 1 February 5, 2014 Administrative Approval $49,000.00 Amendment No. 2 May 12, 2014 Administrative Approval $39,850.00 Amendment No. 3 July 7, 2014 Administrative Approval $5,820.00 Amendment No. 4 January 23, 2015 Administrative Approval $46,300.00 Amendment No. 5 March 31, 2015 Motion No. M2015-030 $238,550.00 In the Original Contract, Exhibit "A", Section I. Scope of Services shall be amended as set forth in the attached Amendment No.6, Exhibit "A". In the Original Contract, Exhibit "A", Section III. Fees shall be amended based on the modified scope of services in the attached Amendment No. 6, Exhibit "A" for a fee not to exceed $129,275.00, for a total restated fee not to exceed $671,745.00. All other terms and conditions of the March 19, 2013 Contract for Professional Services between the City and Consultant, and of any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI J.H. Edmonds, P.E. Director of Engineering Services RECOMMENDED INC. Date pc_ban S. Ley-. decker, President 801 Navigation, Suite 300 Corpus Christi, TX 78408 (361) 883-1984 Office (361) 883-1986 Fax Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date APPROVED Office of Management Date and Budget Date K \ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER1E12151 & E14015 CITYWIDE COLLECTION SYSTEM REPLACEMENT & REHAB IDIC'AE CONSULTANT CONTRACT LNVWMENDMENT NO 6lCONTRACT DOC REV 1011/15 ATTEST City Secretary Project Number E12161/E14015 Accounting Unit 4254-042 Account 550950 Activity El 4015014254EXP Account Category 50950 Fund Name Wastewater 2015 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E12161 & E14015 CITYWIDE COLLECTION SYSTEM REPLACEMENT & REHAB IDIQ\AE CONSULTANT CONTRACT LNV\AMENDMENT NO. 6\CONTRACT.DOC REV. 10/1/15 CNV engineers architects contractors Solutions Today with a Vision for Tomorrow August 21, 2015 J.H. Edmonds, P.E. Director of Capital Programs City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 Re: Amendment No. 6 to Professional Services Contract City Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity Program City Project No. E12161/E14015 Dear Mr. Edmonds: In response to City request, we are proposing the following contract amendment for the City Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity Program. Project Description: The City of Corpus Christi, Texas, hereinafter called "City", and LNV, Inc., hereinafter called "Engineer", agree to the following Contract Amendment for Engineering and Consulting Services to develop and issue delivery order packages for the City Wide Collection System Replacement & Rehabilitation Indefinite Delivery/Indefinite Quantity Program (Oso & Greenwood service basins). This amendment will increase the Basic Services Construction Phase (Allowance) for the Engineer to continue issuing delivery orders and providing construction phase services. This amendment will also increase the Additional Service Warranty Phase associated with the additional delivery order sites as described in the Scope of Services below, and it will increase the Consultant and Invoice Coordination amount. The additional allowance in this amendment is the estimated maximum amount required for the Engineer to complete the 1 -year Renewal Construction Contract. WASTEWATER SERVICE BASINS ENGINEER RESPONSIBLE FOR PREPARING DELIVERY ORDERS 1. ALLISON URBAN ENGINEERING 2. BROADWAY 3. GREENWOOD LNV, INC. 4. OSO 5. LAGUNA COYM, REHMET & GUTIERREZ 6. WHITECAP 801 NAVIGATION 1 SUITE 200 1 CORPUS CHRISTI, TEXAS 78408 OFFICE 361.883.1984 1 FAX 361.883.1986 1 WWW.LNVINC.COM AMEND. NO. 6 EXHIBIT "A" Page 1 of 6 1. SCOPE OF SERVICES The Scope of Services for this contract amendment consists of preparing delivery order documents including site work descriptions, exhibits, utility basemaps, engineer's estimates, and site photos and associated construction phase services described below. The original contract shall be modified to include the following: A. BASIC SERVICES 1. Preliminary Phase. (N/A) 2. Design Phase. (N/A) 3. Bid Phase. (N/A) 4. Construction Phase. The A/E will perform contract administration to include the following: a. Participatc in prc construction mceting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. format" suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum the Introduction, Table of Contents, and Index will be in HTML (HyperText Markup Language) format, with HyperText links to the other pates of them Th emainder of the manual can be cca+ cd -ages ar a mixture of TIFF, JPEG, etc.. Confirm before delivery of the manuals that all scanncd imagc computer Imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliver the manuals on a CD ROM, not on floppy disks. i. Review construction "red -line" drawings, prepare record drawing& of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans). -- AMEND. NO. 6 EXHIBIT "A" Page 2 of 5 ute data will be provided in ASCII format iii tabular form. All electronic data will be compatible with the City GIS system. k. Delivery Orders • Engineer will perform site visits, review video inspections, and meet with City to identify wastewater collection system issues and the possible rehabilitation options. • Engineer will submit a "draft" version of each non -emergency delivery order for the City's review and comment prior to issuing the final delivery order. • Delivery orders will include a short narrative of the expected work for each site, a site exhibit depicting work location, quantities, and rehabilitation methods, a utility base map identifying all known utilities in the area, an engineer's estimate, and any other reference material that may aid the Contractor during construction including video inspection reports, City work orders, old plans, etc. • The Delivery Order allowance will be billed, at rates shown in the Compensation Table below, as the final delivery orders are issued to the Contractor and are assumed to be limited to a max of 15 separate delivery order packets for the renewed 1 -year contract. The City staff will: a. Prepare applications/estimates for payments to contractor. b. Conduct the final acceptance inspection with the Engineer. A. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the A/E will not begin work on this section without specific written approval by the Acting Director of Capital Programs. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Acting Director of Capital Programs as required. The A/E will, with written authorization by the Acting Director of Capital Programs, do the following: 1. Topographic Survey (N/A) 2. Warranty Phase • Engineer will prepare a list of all sites completed at the end of each 12 - month period for the City and recommend acceptance of the sites and commencement of the warranty period. All listed sites will have the same completion date and warranty expiration date. • Engineer will provide a warranty inspection of all sites toward the end of the 12 -month period and generate a warranty items punch list. • The Warranty Phase allowance is based on one (1) 12 -month warranty period. 3. Consultant and Invoice Coordination • Engineer will provide interpretations/clarifications on specifications and procedures. • Engineer will prepare and maintain a Site Summary ID/IQ plans, List detailing AMEND. NO. 6 EXHIBIT "A" Page 3 of 5 construction status and total invoiced amount for each delivery order site. • Engineer will create a site quantity form for consultant's monthly execution. • Engineer will compile consultant's site quantity forms and submit a single pay application to the City on a monthly basis. • Engineer will track overall project money and provide City with regular updates on status of remaining funds. 4. Traffic Control Plans (N/A) 5. City-wide Pipe Bursting IDIQ Contract Docs. & Bid Package (N/A) 2. SCHEDULE Date Activity October 2016 Completion of Construction Phase October 2017 Completion of Warranty Phase 3. FEES A. Fee for Basic Services. The City will pay the A/E a fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1-4, A/E will submit monthly statements for basic services rendered. The construction phase allowance will be billed at the percentage rate associated with the delivery order amount as described in the Compensation Table below in the Summary of Fees section. The amount actually billed is entirely dependent on the value of delivery orders issued and the full amount may not be needed. I-14 Section I.A.1 3, the statement will be based upon A/E's estimate (and City concurrence) services provided in Section I.A./1, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Acting Director of Capital Programs under Section I.B. "Additional Services," the City will pay the A/E a not -to - exceed fee as per the table below. All additional service fees are unauthorized allowances requiring authorization by the Acting Director of Capital Programs. Original Contract fees were based on the City's budget for the 6 service basins of $5,500,000.00 (2 -year Base Contract) with up to one-third (1/3) of work performed in any two (2) basins. However, the Oso and Greenwood basins consist of approximately 65% of the City's collection system and 62% of the sanitary sewer overflows; therefore, the majority of delivery order sites issued in the original contract were located in these basins. The fees in this Amendment are based on this estimated distribution of delivery orders over the 1 -year renewal period. AMEND. NO. 6 EXHIBIT "A" Page 4 of 5 Summary of Fees Note: 1. The fee depends on the value of the delivery orders issued. The following compensation table will be used to determine the fee; COMPENSATION TABLE Construction Cost of Delivery Order $0 to $30,000 $30,000 to $100,000 $100,000 to $150,000 $150,000 to $250,000 $250,000 to $350,000 Over $350,000 A/E Fee $3,750 (Flat Rate) 10.0% 6.25% 5.5% 5.0% 4.75% All other terms and conditions of the March 26, 2013 contract and amendments between the City and Consultant will remain in full force and effect. Sincerely, LNV, Inc. TBPE Firm No. F-366 Dan S. Leyendecker, P.E. President AMEND. NO. 6 EXHIBIT "A" Page 5 of 5 ORIGINAL CONTRACT AMD. No. 1 AMD. No. 2 AMD. No. 3 AMD. No. 4 AMD. No. 5 AMD. No. 6 TOTAL BASIC SERVICES 1. Preliminary Phase $ - $ - $ - $ - $ - $ - $ - $ - 2.Design Phase $ - $ - $ - $ - $ - $ - $ - $ - 3. Bid Phase $ - $ - $ - $ - $ - $ - $ - $ 4. Construction Phase (Allowance) $ 112,500.00 $ 49,000.00 $ 38,600.00 $ - $ - $ 190,000.00 $ 105,000.00 $ 495,100.00 Subtotal Basic Services $ 112,500.00 $ 49,000.00 $ 38,600.00 $ - $ - $ 190,000.00 $ 105,000.00 $ 495,100.00 ADDITIONAL SERVICES (Allowance) 1. Topographic Survey $ 3,080.00 $ - $ - $ (3,080.00) $ - $ - $ - $ - 2.WarrantyPhase $ 5,300.00 $ - $ 1,250.00 $ - $ - $ 6,550.00 $ 3,275.00 $ 16,375.00 3.Consultant and Invoice Coordination $ 42,070.00 $ - $ - $ - $ - $ 42,000.00 $ 21,000.00 $ 105,070.00 4.Traffic Control Plans $ - $ - $ - $ 8,900.00 $ - $ - $ - $ 8,900.00 5. City-wide Pipe Bursintg IDIQ Contract Docs. & Bid Package $ - $ - $ - $ - $ 46,300.00 $ - $ - $ 46,300.00 Subtotal Additional Services $ 50,450.00 $ - $ 1,250.00 $ 5,820.00 $ 46,300.00 $ 48,550.00 $ 24,275.00 $ 176,645.00 TOTAL AUTHORIZED FEE $ 162,950.00 $ 49,000.00 $ 39,850.00 $ 5,820.00 $ 46,300.00 $ 238,550.00 $ 129,275.00 $ 671,745.00 Note: 1. The fee depends on the value of the delivery orders issued. The following compensation table will be used to determine the fee; COMPENSATION TABLE Construction Cost of Delivery Order $0 to $30,000 $30,000 to $100,000 $100,000 to $150,000 $150,000 to $250,000 $250,000 to $350,000 Over $350,000 A/E Fee $3,750 (Flat Rate) 10.0% 6.25% 5.5% 5.0% 4.75% All other terms and conditions of the March 26, 2013 contract and amendments between the City and Consultant will remain in full force and effect. Sincerely, LNV, Inc. TBPE Firm No. F-366 Dan S. Leyendecker, P.E. President AMEND. NO. 6 EXHIBIT "A" Page 5 of 5 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,lanswer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: LNV Engineering P. O. BOX: STREET ADDRESS: 801 Navigation, Suite 300 CITY: Corpus Christi ZIP: 78408 FIRM IS: 1. Corporation 4. Association X 0 2. Partnership 5. Other • 3. Sole Owner DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title j )1� 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 to 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 /t! 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 �r Dan S. Leyendecker, P. E. Title: President (Type or Print) Signature of Certifying Person: DEFIINITIONS Date: a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. '`Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." 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. CITY OF CORPUS CHRISTI AMENDMENT NO. 2 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("City") and Urban Engineering ("Consultant"), agree to the following amendments to the Contract for Professional Services for Citywide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity (IDIQ) Program (Project No. E121611E14015): Original Agreement March 19, 2013 Motion No. M2013-047 $120,880.00 Amendment No. 1 March 31, 2015 Motion No. M2015-030 $120,880.00 In the Original Contract, Exhibit "A", Section I. Scope of Services shall be amended as set forth in the attached Amendment No. 2, Exhibit "A". In the Original Contract, Exhibit "A", Section III. shall be amended based on the modified scope of services in the attached Amendment No. 2, Exhibit "A" for a fee not to exceed $120,880.00, for a total restated fee not to exceed $362,640.00. All other terms and conditions of the March 19, 2013 Contract for Professional Services between the City and Consultant, and of any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI URBAN ENGINEERING 11 k O7 - I 1 J.H. Edmonds, P.E. Date Carnes L. Urban, P.E. Date Director of Engineering Services 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 APPROVED Office of Management Date and Budget ATTEST City Secretary Project Number E12161/E14015 Accounting Unit 4254-042 Account 550950 Activity E14015014254EXP Account Category 50950 Fund Name Wastewater 2015 KIENGINEERING DATAEXCHANGEIJENNIFERIWASTEWATERlE12161 & E14015 CITYWIDE COLLECTION SYSTEM REPLACEMENT & REHAB IDIO AE CONSULTANT CONTRACT URBANAMENDMENTNO. 21CONTRACT.DOC REV 1011115 EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS City -Wide Collection System Replacement & Rehabilitation ID/IQ Procurement City Project No. E12161/E14015 Delivery orders will be prepared by one of three (3) AE's as follows: WASTEWATER SERVICE BASINS ENGINEER RESPONSIBLE FOR PREPARING DELIVERY ORDERS 1. ALLISON URBAN ENGINEERING 2. BROADWAY 3. GREENWOOD LNV, INC. 4. OSO 5. LAGUNA COYM, REHMET & GUTIERREZ 6. WHITECAP I. SCOPE OF SERVICES A. Basic Services. (N/A) 1. Preliminary Phase. (N/A) 2. Design Phase. (N/A) 3. Bid Phase. (N/A) 4. Construction Phase. The A/E will perform contract administration to include the following: a. Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. AMEND. NO. 2 EXHIBIT "A" Page 1 of 4 g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. preparation of operating and maintenance manuals (by the Contractor) for all cquipmcnt installed on this Projcct. These manuals will be in a "multimedia format" suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum thc Introduction, Table of Contents, and Index will be in HTML (HyperText Markup Language) format, with HyperText links to thc other parts of thc manual. The remainder of the manual can be scanned images or a mixture of scanned images and tcxt. Use thc common formats for scanned images GIF, TIFF, JPEG, etc.. Imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliver thc manual& on a CD ROM, not on floppy disks. Review construction "red -line" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans). and deliver to thc Engineering Services a reproducible set and cicctronic file (AutoCAD r.1/1 or later) of the record drawings within two (2) months of final acceptance of thc project. All drawings will be CADD drawn using dwg format in separate file. Attribute data will be provided in ASCII format in tabular form. All cicctronic data will be compatible with thc City GIS system. The City staff will: a. Prepare applications/estimates for payments to contractor. b. Conduct the final acceptance inspection with the Engineer. B. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the A/E will not begin work on this section without specific written approval by the Executive Director of Public Works. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by Executive Director of Public Works as required. The A/E will, with written authorization by Executive Director of Public Works, do the following: 1. Topographic Survey. A/E will provide field surveys, as required for design including the necessary control points (up to 1 site), coordinates and elevations of points (as required for the aerial mapping of the Project area - aerial photography to be provided by City). Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category6, 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/E will submit individual parcel descriptions and survey plats to the City along with all title reports obtained in Section 2. A strip map showing all parcels required will be submitted along with parse) descriptions. The A/E will field mark and delineate all new right of wad -lines upon request of the City's Land Acquisition Division. AMEND. NO. 2 EXHIBIT "A" Page 2 of 4 2. Warranty Phase. Provide a maintenance guaranty inspection toward the end of two (2) one-year periods 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." 2. SCHEDULE Date Activity October 2016 Completion of Construction Phase October 2017 Completion of Warranty Phase 3. FEES A. Fee for Basic Services. The City will pay the A/E a fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1-4, A/E will submit monthly statements for basic services rendered. The construction phase allowance will be billed at the percentage rate associated with the delivery order amount as described in the Compensation Table below in the Summary of Fees section. The amount actually billed is entirely dependent on the value of delivery orders issued and the full amount may not be needed. In Section I.A.1 3, the statement will be based upon A/E's estimate (and City concurrcncc) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.'I , the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. AMEND. NO. 2 EXHIBIT "A" Page 3 of 4 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. All additional service fees are unauthorized allowances requiring authorization by the Executive Director of Public Works. Fees are based on the City's budget for the 6 service basins of $5,500,000.00 (2 - year Base Contract) with up to one-third (1/3) of work performed in any two (2) basins. Summary of Fees Basic Services Fees Original Contract Amendment No.1 Amendment No.2 Total 1. Preliminary Phase N/A N/A N/A N/A 2. Design Phase N/A N/A N/A N/A 3. Bid Phase N/A N/A N/A N/A 4. Construction Phase (Allowance) $112,5001 $112,5001 $112,5001 $337,500 Subtotal Basic Services Fees $112,5001 $112,5001 $112,5001 $337,500 Additional Services Fees (Allowance) 1. Topographic Survey $3,080 $3,080 $3,080 $9,240 2. Warranty Phase $5,300 $5,300 $5,300 $15,900 Sub -Total Additional Services Fees $8,380 $8,380 $8,380 $25,140 Total Authorized Fee $120,880 $120,880 $120,880 $362,640 Note: 1. The fee depends on the value of the delivery orders issued. The following compensation table will be used to determine the fee; COMPENSATION TABLE Construction Cost of Delivery Order $0 to $30,000 $30,000 to $100,000 $100,000 to $150,000 $150,000 to $250,000 $250,000 to $350,000 Over $350,000 A/E Fee $3,750 (Flat Rate) 10.0% 6.25% 5.5% 5.0% 4.75% If the average value for a delivery order is $150,000 then the total basic services fee would be as follows: $5,500,000/3 = $1,833,333 (available for each consultant) # Delivery orders = $1,833,333/$150,000 = 12 Fee = 12 orders x $150,000 x 6.25% = $112,500 AMEND. NO. 2 EXHIBIT "A" Page 4 of 4 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 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 Drive FIRM IS: I. Corporation 2. Partnership 4. Association 5. Other CITY: Corpus Christi 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 AM 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 iv/ 4 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 1\14 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 11 Consultant LI FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that 1 have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: James L. Urban, F.E. Title: Principal (Type or Print) Signature of Certifying Person: DEFINITIONS Date: t I2� i7 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Corpus Chr sti Engineering Citywide Collection System Indefinite Delivery/Indefinite Quantity Program Council Presentation December 8, 2015 Project Map Carpus Chr sti Engineering T N LEGEND URBAN LNV CRG 2 Project Scope Corpus Chr sti Engineering AE contracts provide for engineering services of site investigations, research and evaluation of the City's wastewater collection system to develop delivery orders for existing construction ID/IQ contract. Proposed construction inputs may include: • Manholes • Gravity collection lines and/or force mains • Gravity line point • Wastewater flows control • By pass pumping plans • Cleaning and inspection of conduits • Emergency repairs support • Dewatering; • Traffic control plans Project Summary Corpus Chr sti Engineering Wastewater Service Basins Allison Broadway Greenwood Oso Laguna Madre Whitecap Responsible Engineers Urban Engineering LNV, Inc. Coym, Rehmet & Gutierrez Engineering, L.P Delivery Orders Completed Completed Construction Value ($) 23 $7,132,097 13 $3,368,156 4 $986,315 Project Schedule tilf114( Carpus Chr sti Engineering 2015 2016 Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct MILID/IQ Engineering Services Project Estimate: 300 Calendar Days = 10 Months Projected Schedule reflects City Council award in December 2015. AGENDA MEMORANDUM Future Item for the City Council Meeting of December 8, 2015 Action Item for the City Council Meeting of December 15, 2015 DATE: TO: December 8, 2015 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 Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 Execute Change Order No. 16 Runway 17-35 Extension /Displacement and Connecting Taxiway Project CAPTION: Motion authorizing the City Manager or designee to execute Change Order No. 16 with Bay, Ltd. of Corpus Christi, Texas in the amount of $270,000.00 for a total restated fee of $15,631,021.36 for the Corpus Christi International Airport Runway 17-35 Extension/Displacement and Connecting Taxiway project. PURPOSE: The purpose of this agenda item is to obtain authority to execute Change Order No. 16 with Bay, Ltd. of Corpus Christi, Texas for the Runway 17-35 Extension /Displacement and Connecting Taxiway Project. BACKGROUND AND FINDINGS: This project provides for improved air traffic safety by minimizing the possibility of future runway incursions at the airport. The existing two runways, Runway 17/35 and Runway 13/31 are adjoining and converge to a "V" configuration. Under new FAA guidelines this V convergence is not the ideal configuration and presents potential airfield congestion. This project provides extends the end of Runway 17/35 600 feet to the North and displaces the southern threshold an equal distance. This creates additional distance between the "V" convergence of the two runways and requires similar alterations to the taxiways, airfield lighting and navigational aids (NAVAIDS). The NAVAID alterations included retrofit of existing systems with new energy efficient LED upgrades. The project also includes pavement replacement to the north apron and drainage improvements. Based on a revised scope of work and regulatory updates from the FAA, Bay, Ltd. initiated claims against the City for extended overhead and asphalt milling over -depth. These claims were also a result of ambiguities and interpretations of existing conditions relative to the construction documents. This change order provides for payment to the Contractor, Bay Ltd, CCIA Contract No. E11046 Runway 17-35 Extension, Displacement and Taxiways, for the settlement of two claims. The claim for Extended Overhead in the amount of $1,258,455 and the claim for Asphalt Milling Over -depth in the amount of $738,346.40, were settled for a combined total amount of $270,000. The engineer for the project is KSA. ALTERNATIVES: 1. Execute the change order as proposed. 2. Do not execute the change order. OTHER CONSIDERATIONS: The construction contract for this project was awarded on September 17, 2012 to Bay Ltd. in the amount of $12,841,419.06. Previously approved change orders on this project total $2,519,602, and are often the result of FAA directives for changes in specifications or other construction requirements. This change order would bring the total amount of change orders on this project to 21.72% of the original contract cost. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; §2, Article 10 of the City Charter regarding contracts; Texas Local Government Code §252.048 regarding Change Orders; FY 2015- 2016 Airport Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Aviation 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 17,143,700.00 322,500.00 17,466,200.00 Encumbered/Expended Amount 17,143,700.00 17,143,700.00 This item (Bay, Ltd) 270,000.00 270,000.00 Future Anticipated Expenditures This Project 52,500.00 52,500.00 BALANCE 0.00 0.00 Fund(s): Airport 2012 CO, Airport CIP Grant, 2015-2016 CIP No. AV02 RECOMMENDATION: City Staff recommends the approval of Change Order No. 16 with Bay, Ltd. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Change Order Presentation City of Corpus Christi Capital Programs Change Order Corpus Chr stl Capital Programs CHANGE ORDER NO.: 16 PROJECT: Runway 17-35 Runway Extension / Displacement and Connection Taxi Way CONTRACTOR: Berry Contracting, LP dba Bay, Ltd. ENGINEER: KSA Engineers Make the following additions, modifications or deletions to the work described in the Contract Documents: The amount of $270,000 for this change order is for a settlement between the City of Corpus Christi and Bay LTD., the Contractor, for equitable compensation for two claims submitted by Bay Ltd namely the Claim for Extended Overhead and the Claim for Excessive Milling of asphalt surfaces. The Contractor's initial claim letter is dated August 30, 2013 and is included herewith as Attachment A. The Contractor's second claim letter revising the claim amounts is dated January 19, 2015 and is included herwith as Attachment B. Also included as Attachment C is the Resume of Negotiations with a Findings of Fact attached thereto. The Contractor hereby agrees that the amount of $270,000 and a time extension of 197 calendar days is fair and equitable compensation for the costs incurred resulting from the aforementioned claims and further agrees that Bay Ltd has no further claim for damages of any kind whatsoever under this contract. The City hereby agrees that no Liquidated Damages will be assessed. Why was this Change necessary: Claim Settlement CHANGE ORDER DATE: 8/10/2015 PROJECT NUMBER: El 1046 CONTRACT TIME: 365 CD How can similar changes be avoided in the future? Improve Geotech Investigations during design. The compensation agreed upon itt this Change Order is fill, complete and final payment for all costs the Contractor may incur as a result of or relating to this change whether said costs are known, unknown, foreseen or unforseen at this time, including without limitation, any cost for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of this Change Order. Original Contract Amount $ Previously Approved Change Order Amount $ Proposed Change Order Amount $ Revised Contract Amount $ Percent of Total Change Orders (including this CO) Previous Change Order Contract Time Additional Time on This Change Order Revised Contract Time 12,841,419,1:K0(p 2,519,602.30 0- 270,000.00,- 15,631,021,3r, S(• - 270,000.00,-15,631,021,37.3(, 21.72% 19 C 197 CD 581 CD 114 Recommended by Approved by [CONSULTING FIRM] [CONTRACT By CMS, LLC , �Date �3 • v: Recommended b � ,� 4P1 Philip .� oehk, P.E. Date Acting Construction Engineer US CHRISTI Recommended by: Recommended by: Recommended by: DEPARTMENT APPROVALS: Jefferey Edmonds, P.E. Director of Capital Programs Date Eddie Houlihan Budget and Finance Date Janet Kellogg City Attorney Fred Segundo Director CCIA Date Approved by: Approved by: Approved by: Operating Department (CCIA) ?-'4- l5 Date �r. Valerie H. Gray, P.E. Date Executive Director of Public Works Gustavo Gonzalez, P.E. Date Assistant City Manager Ronald L. Olson City Manager flECEIVEfl nuc 1 8 zo5 BY:� Date 1BAYL td. ® _ BERRY Company August 30, 2013 Robert Jutton P.E., RPLS KSA Engineers Inc. Corpus Christi International Airport 1000 International Drive Corpus Christi, TX 78406 P.O. Box 9908 1414 Valero Way (78409) Corpus Christi, Texas 78469-9908 Bus: (361) 693-2100 Re: Project Nos. E11046, E1112, E11123 Owner: City of Corpus Christi, TX Location: Corpus Christi International Airport Runway 17-35 Extension Subject: Milling Change order Dear Robert, This letter is in referenced to the extra milling that was performed on the referenced project. We've had many discussions and meetings to address the excessive overrun of millings that took place where the bid SY calculated 4357 tons at 2" of removal and actual was 33,373 tons milled & hauled a huge difference. We have minimized our cost where possible going from $738,346.40 to $408,616.85 less payment received to date for $ 103,006 with a remaining balance totaling $ 305,610.85 for this proposal, please submit this to FFA for payment request. Listed below are some milestones that lead up to this point: 1. Bid documents on the bores information provided indicated 2" thickness (Bore Attached ) 2. On July 12, 2012 an email was sent asking for clarification on the milling depth. (Email Attached ) 3. A response was sent on July 23, 2012 mentioning the thickness varies, and old drawing would be provided to the contractor. 4. Bid date was July 25, 2012 — still no drawings so we bid the plan information. 5. Milling began mid November 2012 and A/E notified of the additional depths 6. November 21, 2012 an RFI was submitted requesting additional compensation. 7_ A/E responded to RFI milling stating depth of existing pavement"varies" 8. March 28th 2012, Bay submitted a request for payment $ 637,774 for the extra milling work performed. Safety ® Quality El Productivity The Winning Combination ATTACHMENT A 9. FFA general provision 20-06 didn't have all the bore data needed to illustrate the proper pavement thicknesses, (Attached is the bore log for this referenced project and the bore log for the same vicinity received on a project that was bid on August 21, 2013, had this information be provided on July 2012 we could have bid appropriately to cover all associated cost. 10. Milling sub quoted 2"-4 "— (Quote attached). 11. Bid items : Base bid- 2" of milling / Actual = 4.16" 12. Alternate Bid — 2" of milling / Actual = 21.29" 13. ATE was asked a specific question regarding the existing pavement section thickness during the pre-bid period. This question would have been answered had the old drawing been provided as agreed by the A/E. They were not provided therefore the Contractor was left to bid the milling item with the only available information that was provided showing 2" of pavement thickness. 14. Bore log attached for both projects showing a huge difference for accurate information on existing pavement thicknesses. 15. Attached with this proposal is documentation showing responses, bore logs ,RFI's, Bid estimates , trucking cost, and actual quantities performed. The two different boring logs illustrating existing hot mix thicknesses throughout the project was sufficiently different which impacted our budget cost for the project. 16. Revised payment request attached for $305,610.85 Thank you and please feel free to call if you have any questions. c ---\\Sincerely, i Prank Whiteaker Highway Division Manager FW/bl Encl - INB AYrtd. 066 A BERRY Company January 19, 2015 Felix H. Ocanas, Jr., P.E. ECM S Engineering & Construction Management Services 5001 Oakmont Drive Corpus Christi, TX 78413 Dear Felix, P.O. Box 9908 (78469) 1414 Valero Way Corpus Christi, Texas 78409 (361) 693-2100 www.bayltd.com This letter is in response to the Executive Summary that you had given me several weeks ago. Let me address some of the issues you raised in your Executive Summary report, I will address the extended overhead claim and milling separately. EXTENDED OVERHEAD CLAIM Attached is a excel timeline of the project (Exhibit 1) which illustrates the critical problems that arose and affected the completion date of the project. In (Exhibit 5) Project timeline will illustrate the timeline of our Baseline schedule showing 8 months in yellow for construction and ended up with 20 months in blue for substantial completion due to the additional change orders 6-14 and in (Exhibit 8) will show the RFI's and revised drawings that took place after CO5 was approved. We understand that SP B-8.4 requires that overhead be included in CO's submitted to City. That is exactly what was done for CO 5 (Exhibit 2). In CO 5, a separate line item was specifically created for Overhead to account for the additional Overhead cost and time through October 15, 2013. The change order was accepted by FAA and paid by the City. Our overhead calculations for CO 5 were based upon a project completion date of 10-15-13 and the City's commitment to provide approved submittals/RFPs within two business days (Exhibit 3). It is safe to say that the City and Bay considered October 15, 2013 being the new project completion date. However, as you know, almost immediately additional changes began arising which created additional CO's. Not only was the performance of CO 5 extended beyond Oct 15, 2013 but the new changes necessitated further extended completion time of the project. Based solely on CO 5 we believe we're entitled to additional overhead past Oct 15th, as a result of constant changes by FAA and failure of the City to timely provide us the information needed to complete the project by October 15"' 2013. However, the new changes that were implemented after CO 5 pushed the schedule further into 2013 and into 2014 (i.e., CO 11 (T3) extended the project to April 24, 2014). Bay did not attempt to quantify the additional time necessary, and thus the additional overhead, because of the uncertainty of the additional CO's which were being proposed. The additional overhead costs were addressed on several occasions and noted in an email dated Feb 27, 2014 addressed to Victor Gonzales, Bob Jutton, Dan Biles, Albert Pardo and Fred Segundo, a copy which is attached (Exhibit 4). The City asked us to push the CO's through in order to complete the project and it was agreed that the extended overhead and additional days would be addressed in CO 12 or in the final CO. Based upon this agreement we did not calculate overhead in any CO beyond CO 5. The City has requested that Bay provide information proving delays to the project. The attached Project timeline schedule (Exhibit 5) shows that changes were made to the plans as late as July 11, 2014. These changes required submittals and the ordering and delivery of new materials. In reality, this project turned into a design build project. However, Bay is not Safety Jr Quality w Productivity ATTACHMENT B The Winning Combination seeking additional overhead beyond the mutually accepted substantial completion date of June 9, 2014. Bay is requesting 192 days of extended overhead at the same per diem rate of $3,945 as requested and paid in CO 5. MILLING CLAIM Bay bid $2.60 per square yard for the Cold Milling item (A1-1.03). The bidders were provided geotechnical data showing only two borings depicting two and four inches of existing asphalt. Bay requested additional information on the milling thickness and Bob Jutton replied that the thickness varies but that Engineering would provide old drawings depicting existing pavement sections. Those drawings were not provided. Bay disagrees with the statement that we were offered the opportunity to conduct boring at the site prior to bidding. Regardless, had such opportunity been presented, it is unreasonable to have expected Bay to perform boring on an active runway. Attached is our subcontractor's summary establishing the actual depth milled (Exhibit7). At some locations the milling depth reached 30" (in some areas, multiple passes were necessary to achieve the necessary depth). The average milled depth was 14.5" over the surface area. 15,686 CY / 39,086 SY = 14.5 IN (See calculation below) Converting Cubic Yards to Cubic Feet: Converting Square Yards to Square Feet: Dividing SF into CF to get the Depth in Feet: Converting Feet to Inches: 15,686 CY x 27 = 423,522 CF 39,086 SY x 9 = 351,774 SF 423,552 CF / 351,774 SF = 1.21 Feet (Depth) 1.21 FT x 12 Inches = 14.5 Inches (Depth) An actual thickness of 14.5" compared to the 2-4" depicted in contract documents is not a reasonable expectation of varying depths. Bay expended an additional $295,616.30 to remove the additional depth. See attached summary of actual costs incurred above and beyond the $2.60 per square yard as bid. Bay is seeking to be appropriately compensated for completion of the milling items to depths far beyond what could reasonably be expected by any contractor. The request for compensation on the $295,616.30 + 103,006 received to date totals to the amount of $398,622.30 which comes to $10.06 / SY for the milling. As a comparison, see attached TxDOT Statewide Average prices for similar milling depth cost. Bay's actual cost is below Txdot averages in (Exhibit 6). Bay values its relationship with the City and seeks an amicable resolution to these claims. As we have in the past, Bay has attempted to complete the project in a timely manner before change orders were approved to keep the project moving forward. We look forward to discussing and meeting if necessary with you and the City to resolve this matter. Sincerely, AiN1 Frank Whiteaker Highway Division Manager Safety ■ Quality ■ Productivity The Winning Combination Performance Equipment (Sub) CCIAP / 510972 Project 12/11/2014 Depth/SY Measurements Milled Area 10,408.00 5,214.00 3,074.00 SY SY SY SY SY Average 0.83 FT Depth 1 Volume Apron 10.00 IN 2,891.11 CY A-1 1.00 FTI 12.00 IN 1,738.00 CY A-1 0.50 FT FT FT FT FT FT FT FT FT FT FT FT FT FT FT 6.00 IN 512.33 CY A-2 6,863.00 1.00 0.42 12.00 IN 2,287.67 CY A-2 4,278.00 5.00 IN 594.17 CY A-2 177.00 6,909.00 5,474.00 194.00 SY 1.08 13.00 IN 63.92 CY A-3 SY 1.00 12.00 6.00 IN IN 2,303.00 CY A-3 SY SY SY 0.50 912.33 CY A-3 0.75 9.00 IN 48.50 CY A 4,800.00 2,956.00 1.00 12.00 6.00 IN 1,600.00 CY A SY 0.50 IN 492.67 CY A-2 Short 4,849.00 4,849.00 881.00 SY SY SY SY SY SY SY SY 1.00 1.00 1.00 0.42 1.00 0.42 12.00 IN 1,616.33 CY A-2 Short A-1 Tie In 12.00 12.00 ' 5.00 12.00 IN IN IN IN 1,616.33 293.67 CY CY CY CY CY CY CY CY CY A-1 Tie In 82.00 11.39 i 307.33 A-2 Tie In 922.00 A-2 Tie In 82.00 5.00 IN 11.39 A-2 Tie In 255.00 1.08 FT 13.00 IN 92.08 A-3 Tie In 877.00 41.00 1.00 FT 12.00 IN 292.33 A-3 Tie In SY 0.42 FT 5.00 IN 3.00 1 IN 5.69 A-3 Tie In 759.00 SY 0.25 FT 63.25 A-4 Tie In 911.00 SY 1.00 FT 12.00 FT 5.00 FT 12.00 IN 303.67 CY A-4 Tie In 77.00 190.00 488.00 178.50 76.50 87.00 SY SY SY SY SY 0.42 IN 10,69 CY L Tie In 1.00 0.42 IN 63.33 CY L Tie In FT 5.00 IN 67.78 CY Run Up Pad Tie In 1.00 FT 12.00 IN 59.50 CY Run Up Pad Tie In 0.42 FT 5.00 IN 10.63 CY TWY Q Tie In SY 1.00 FT 12.00 IN IN 29.00 5.14 CY CY CY TWY 0 Tie In 37,00 SY 0.42 FT 5.00 Blast Pad Tie In 75.00 SY 1.00 FT 12.00 IN 25.00 Blast Pad Tie In 32.00 SY SY 0.42 FT 5.00 IN 4.44 CY Blast Pad 4,400.00 0.17 FT 2,00 IN 244.44 CY 49,494.00 S'Ll 18,577.13 CY Only the 'footprint" surface area is calculated in the above total. (Taxiway Footprint, etc.) Cepo.s � � his jApi4a.s �� �c�tr2� b �D2Y✓�WNLE s- u 14rc,�-f- 5Etu;cif b w,g6,-> H/3)i -- 1-0-i3 Motes: 5ZL4—s,_ — r z "TxL.ALT,424 3D %1-/ S - (7( 78(3 s� - 211 L12 -2B s%1 17) 1.3" %A) /A 1 [09 0 S stt }- 12" S ?V .si err 4 froe;wil 1 7i -ix, -1,4,..6_111i' D v TAX; wA,-) 14- Z .4ib(a T- p-1 T!F-AA) 80/ 1Z't l SZ ._s,./ - , r J 0-Z T(E- r.6 922 su ; zki Zs^s s.1 - 11" IP -3 F�,� .27 - Cz 41 ,s1 - 3" TD Do: l 751 Si 3`' 0-4 TE- hu 91I s.,t____= I Z" } 77 s.T - S" 1 "/.2 Tiff- r,U NDSLI --__12`i j 1-188 51 — 5 't . P PAc+TE 1,..) 1 78.s 64.z - 1 Z" 3 -7,,s,, - s ,r '1 TfrI: %A tf Q" 1 L & rni 8? S(,r j " 1 z'1 37 - 5" 1 ZI+_s4- PAd Tib ,a Y � Vek4- ?Ad - 1 _.__. -J 7 -Cs/ - 121' 1'5 24> - 1-C )ZS- 2/ /A\ 1--D, ) w �i ,,--- .----, z , / / / ---- .z_ _ L5 1352. i,J? I"'s0On� „Z( L BV ,2l hb l - 5 /71_/75 " „d7 1,5 o0tj'- I iO) ZI N 4 RESUME OF NEGOTIATIONS CONTRACTOR: Bay Ltd PROJECT NO: E11046, E11122 AND E11123 PROJECT NAME: Corpus Christi International Airport Runway 17-35 Extension/Displacement and Connecting Taxiway REFERENCE: Findings Of Fact by ECMS, LLC, attached hereto. Preliminary discussions and negotiations were conducted between Mr. Frank Whiteaker, Highway Division Manager for Bay Ltd, and Felix H. Ocanas, Jr., P.E. President/CEO of ECMS LLC, Advisory Consultant for the City of Corpus Christi on construction contract issues and claims. These discussions occurred between the period of September 2014 and March 2015 at eight separate meetings with no agreements reached but both sides clarified their positions. See Findings of Fact attached hereto. Final negotiations were conducted between Mr. Edward Martin, President/CEO of Berry Contracting, Inc. and Mr. Jerry Shoemaker P.E., consultant for the City as Assistant Director of Capital Programs and Ms. Valerie Gray, P.E., Executive Director of Public works. The initial offer by the City was $200,000 as recommended in the Reference above. After a short of period consideration, Mr. Martin countered with an offer of $500,000. After a short period of consideration, the City proposed an offer of $250,000. After about 3 week Mr. Martin made a final offer of $270,000. This final offer was accepted by the City after coordination with CCIA staff who coordinated with FAA officials. Prepared by: Felix H. Ocanas, Jr., P.E. Pres/CEO-ECMS, LLC Advisory Consultant ATTACHMENT- C FINDINGS OF FACT CCIA, BAY LTD CLAIMS FOR EXTENDED OVERHEAD AND MILLING CONTRACT NO. E11046 RUNWAY 17-35 EXTENSION/DISPLACEMENT EXECUTIVE SUMMARY EXTENDED OVERHEAD CLAIM: 1 The original request for extended overhead was $1,258,455 (319 days at $3,945 per day), and later corrected to $757,440 to reflect 192 days at $3,945 per day. This is the period from the end of the 365 - day contract period to the day when the contract was declared essentially complete on June 9, 2014. It was explained to Frank, Highway Division Manager for the Contractor, that if Bay's overhead is based on extended time due to change order work, each change order amount or unit price indicates total cost, including overhead, SP B-8. When the quantity is increased by more than 25% or decreased by more than 75%, either party upon demand shall be entitled to revised consideration for the quantity above 125% or below 75%. Bottom line, the overheads are included in the price for each change order. It was explained to Bay that to show delay damages during change order work performed after the original contract period, the estimated time for each change order must be established, and then show how the City delayed Bay past that particular time frame for each change order. That period of delay days would be the period of consideration for extended overhead for each change order. That was never presented. Also, if the claim includes delays in finishing the basic contract work, that has to be proven. This was not done. Bay claims that during the negotiations for each change order, when Bay requested additional time, KSA and Airport staff told Bay that the City Construction Engineer would negotiate any justifiable time at a later date. Basically, Bay has not shown that it was delayed beyond the original completion date of 365 days nor shown that Bay was delayed on the change orders issued by the City beyond a reasonable expected time frame for completion of each change order. At the last meeting on March 4, 2015, Bay stated, for the first time, that KSA and the City's airport staff instructed Bay not to include any overhead on any future changes after Change Order number 5. It was recognized at that time, that the 15% markup that Bay was including on all change orders was considered by Bay to be profit only. It was concluded that perhaps this claim could be settled if the City were to offer an additional percent of overhead to all the new changes made, i.e., those not part of the original schedule. It was decided to attempt to negotiate a 5% increase to the new items amount. The offer would be $96,650. CCIA-RUNWAY 17-35, BAY, CLAIMS EXT OH, MILLING 2 MILLING CLAIM: Bay's basis for this claim is Boring B-5 of the Rock Engineering Geotechnical Report showing asphalt depth of 2 inches. The Rock report states that this information is not for bidding purposes but for design and was not intended to reflect the depths of asphalt for milling estimating for all milling areas. Bay asked at the pre-bid meeting, according to information provided by Bay, what the depth of milling was, and the answer was that it "Varies", which it does, from 2 inches to 12 inches with some small areas at 14 and 21 inches as shown by Bay's subcontractor measurements and confirmed with photos and interview with the KSA inspector. Bay's alleged assumption is not a reasonable one especially since Bay has done much of the previous work at the airport. SP -54, Physical Data, states the subsurface geotechnical reports are not part of the contract documents and that the City disclaims responsibility for the interpretation of that data by bidders. The Contractor's final claim submittal shows an average depth of 14.5 inches. It was decided that while it is not reasonable for the contractor to assume 2 inches it is also not reasonable to expect a bidder to prepare a good bid without more information than was provided on the drawings. It was further decided to offer the Contractor to split the difference; the Contractor accepts the bid price for seven inches and the City pays for an additional 7 inches at the contract bid price. The figure for this offer would be $107,041. The total recommended offer for settlement would be $203,691, which would be rounded off to an offer of $200,000. The contractor's first counter offer was $500,000 and his final counter offer was $270,000 for both the Extended Overhead and the Milling Claims. STATEMENT OF CLAIM EXTENDED OVERHEAD CLAIM: Original Claim was $1,258,455, later corrected to $757,440 (192 DAYS @$3,945 per day) by letter dated January 19, 2015, see Attachment B. The Contractor claims that because the project was declared essentially complete on June 9, 2014, 192 days after the 365 -day contract period, Bay is owed $3,945 per day extended overhead. MILLING CLAIM: Original claim was $738,346.40, revised to $305,610.85 in letter dated August 30, 2013, and later revised to $295,616.30 in letter dated January 19, 2015, see Attachment A. The Contractor claims that because he assumed the milling depth of existing asphalt pavement to be 2 inches as shown on Core Boring #5 on the contract drawings, and the average depth for the various areas of milling turned out to be 14.5 inches, he is owed damages for milling far more depth than he had estimated. CCIA-RUNWAY 17-35, BAY, CLAIMS EXT OH, MILLING 3 DISCUSSIONS WITH CONTRACTOR We met with Bay representatives eight (8) times. The dates of the meetings are as follows with a brief statement of what was discussed. The Contractor's representative is Frank Whiteaker, Highway Division Manager who is the author of the claim and the negotiator. The lead City's representative was Felix H. Ocanas Jr., P.E., advisory consultant to the City. Other representatives were Albert Pardo, City's Construction Engineer, Kent Powers, P.E., construction management consultant to the City, and Jerry Shoemaker, P.E., consultant to the City as Acting Director of Capital Programs at the time. 1. Oct 3, 2014, met with Frank at his request. I listened to his case and pointed out that the application of extended overhead is for cases of delays or suspension of work. No agreements reached at this meeting. Regarding the milling claim, I agreed to research the records to determine if there was merit to this claim. Frank requested that he be given time to provide additional information on the extended overhead claim. 2. Oct 8, 2014, met with Frank, at his request, (Albert Pardo present). We listened to his arguments on delays, and also discussed the milling claim. No proof of delays were presented. Listened to arguments for the milling claim, but stated that assuming a 2" thickness of asphalt to be milled was unreasonable and that the claim for milling, as presented, cannot be accepted as having merit. No agreements. Frank again requested additional time to prepare additional arguments and proof as we requested. 3. Oct 23, 2014, met with Frank and his staff at his request (Albert Pardo present). They presented charts showing dates of RFI's submitted and dates of responses which allegedly created delays but did not connect the dots with any critical path schedule nor presented evidence of their dates on the charts. No agreements. They agreed to provide copies of RFI's and copies of responses. About 2 weeks later they provided three binders containing about 3,000 pages of correspondence without identifying any particular document as being applicable to the claim. I informed Frank that I would not go thru 3,000 pages of correspondence to make his claim. Frank again asked for more time to get the proof and justification we kept requesting. 4. Nov 5, 2014, met with Frank at his request. Same discussion on milling depths and extended overhead. Nothing new was presented. No agreements. Again, he asked that we give him more time. 5. Nov 24, 2014, met with Frank at his request, and Jesse Wong. Again, same discussions on additional charts provided which did not connect the dots. No agreements. Again, they asked for more time to present new information. 6. Dec 22, 2014, met with Frank and Kevin stone, another Bay executive, at Frank's request. They wanted to know the status of our decision on the two claims. I informed them that we could not find merit on either claim as they were submitted. I mentioned the possibility of an offer of $200k for settlement for both claims. They said they would not accept such an offer if made. No agreements. Frank again asked for more time to prepare additional information. 7. Feb 18, 2015, met with Frank at his request, and his staff where they presented more charts. Still no proof of delay. Did not discuss the milling claim at this meeting. No agreements. Again, Frank asked for additional time to present a final argument. CCIA-RUNWAY 17-35, BAY, CLAIMS EXT OH, MILLING 4 8. March 4, 2015, Kent Powers and I met with Frank and his staff at his request. Bay went over more charts. At this last meeting Bay again tried to explain delays with Gant charts. When we realized that they were not trying to prove delays but to provide more charts with dates without providing documents to prove those dates and without attempting to show how the critical path was impacted we asked that they stop barking up the same old tree. Again, we discussed what overhead is: There is the standard overhead rate normally used in change orders and then there is extended overhead rate only applicable when delayed. Frank stated, for the first time, that he was told by KSA and the airport staff to not include any overhead on the changes after change order number 5. We asked how Bay could show that it did not include any overhead at all on the change orders. For ease of discussion we wrote on the board as an example: labor....materials....equipment....overhead...profit Bay's estimator wrote on the board Labor....materials....equipment....markup 15% We pointed out that what they call markup is what we call overhead and profit. And they said the 15% was for profit only. What they are actually saying is that Bay did include overhead and profit of 15%, but did not include extended overhead. We requested that they give us copies of their detailed estimates used on the change order proposals so we could review and confirm that there were no other overheads included. They agreed to provide their files on the estimates, and on March 10, 2015, we received an email with a sampling of documents showing the typical markups of 15% to all change order proposals. Seeing that change order proposals estimates included a 15% markup, I asked via email, what does markup include? The answer was "it is our proposed profit". I responded that the industry standard for profit is 6% to 12%; 6% with no risk involved, which is the case here, and overhead is somewhere in the 15 to 20% range, recognizing that not all firms are the same in their overhead. CONCLUSION 1. The Contractor's extended overhead claim is based on the fact that the time to complete the work went 192 days past the contract completion date due to change orders and RFI's. 2. The City has the right to issue changes, negotiate a price with the Contractor, and grant time extensions as justified. Only 19 days were granted for change orders 1 & 2. The City told Bay, after CO -5, that all additional time needed would be negotiated towards the end of the project. 3. Extended overhead is applicable when owner delays the Contractor past the completion date. The Contractor has not proven delays nor has he shown how alleged delays would have affected the critical path schedule. 4. Each change order price carries overhead and profit. Contractor claims that the 15% mark-up on every proposal is for profit only and does not include overhead. CCIA-RUNWAY 17-35, BAY, CLAIMS EXT OH, MILLING 5 RECOMMENDATION FOR SETTLEMENT OF THE EXTENDED OVERHEAD CLAIM: Use the following approach; the change orders included 15% markup and we call that overhead and profit. But we are willing to increase that to 20% overhead and profit. We can take the total of all of the "new -items" from all change orders issued ($1,932,990) and apply an additional 5% for overhead and profit for a total of 20% for overhead and profit. This gives Bay the benefit of doubt concerning delays that Bay has not been able to prove. The City's offer for settlement is $96,649.50, (5% of $1,932,990). RECOMMENDATION FOR SETTLEMENT OF THE MILLING CLAIM Present the offer to the Contractor; that if we agree that the "depth varies" is not reasonable to assume as sufficient information for a contractor to prepare a good bid and if he agrees that 2 inches is not a reasonable depth to use in a claim for damages, the offer could be to split the difference 7" and 7", approximately. Let's agree that Bay should have assumed at least 7 inches for bidding purposes. Bay claims the average depth encountered was 14.5 inches. Bay has been paid $107,041 as follows based on square yards of milling, regardless of depth: 15,214 SY @$2.60/SY=$39,556 26,986 SY @$2.50/SY=$67,485 Total $107,041 Our best and final offer can be an additional $107,041 over what Bay has been paid. Total settlement offer for both claims would be $203,690.50; $96,649.50 for additional overhead & profit and $107,041 for milling over -depth, rounded off to $200,000, and a time extension of 173 days (192 minus 19 days granted with change orders 1 and 2). PREPARED BY: FELIX H. OCANAS, JR., P.E. PRES. /CEO, ECMS LLC Consultant to City on Contract Issues. CCIA-RUNWAY 17-35, BAY, CLAIMS EXT OH, MILLING PROJECT BUDGET Runway 17/35 Connecting Taxiways Project FUNDS AVAILABLE: Amount FAA Grant $ 16,345,505.00 Airport CIP Reserves (match) $ 1,963,965.69 TOTAL AVAILABLE: $ 18,309,470.69 FUNDS REQUIRED: Construction (Bay LTD) $ 12,841,419.06 Change Orders 1 thru 15 $2,519,602.30 Change Order No. 16 $ 270,000.00 Engineer Fees: Engineer - Design (KSA Engineers, Inc.)* $779,550.00 Construction Mgmt & Inspection, (KSA Engineers, Inc.)** $495,000.00 Geotechnical Eng and Materials Testing (KSA Engineers, Inc. / Rock Eng)** $150,000.00 Construction Inspection and Surveying (KSA Engineers, Inc. / LNV Eng)** $355,000.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) $ 321,035.48 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) $ 321,035.48 Finance Reimbursements $ 192,621.29 Misc. (Printing, Advertising, etc.) $ 64,207.10 TOTAL $ 18,309,470.69 ESTIMATED BUDGET BALANCE *Task Order No. 3 approved by City Council on May 17, 2011. ** Amendment No. 9 approved by City Council on September 25, 2012, M2012-174 $ 0.00 Agnes St. 0 600' RUNWAY EXTENSION NORTH APRON PAVEMENT IMPROVEMENTS r ,0 0 17 c 35 PROJECT LOCATION LOCATION MAP NOT TO SCALE Joe Mireur Rd. Bear Ln. - UISPLAGt THRESHOLD 600' PROJECT: E11046 CCIA RUNWAY 17 - 35 EXTENSIONS/ DISPLACEMENT AND CONNECTING TAXIWAY CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 CC!A CORPUS CHRISTI INTERNATio•. _ 411cIIIO Corpus Chr sti Capital Programs Corpus Christi International Airport Runway 17-35 Connection Displacement and Connecting Taxiways Project Council Presentation December 8, 2015 Project Location Corpus Chrsti Capital Programs Corpus Christi International Airport 2 Project Scope Corpus Chr sti Capital Programs INF Agnes St. 600' RUNWAY o EXTENSION NORTH APRON PAVEMENT IMPROVEMENTS ilhon; NE PROJECT LOCATION roposed Location Joe Mireur Rd. Bear Ln. DISPLACE THRESHOLD 600' Project includes: • Extend 17 Runway 600' North • Displace 35 Runway Threshold 600' North as an FAA -required safety enhancement • North Apron Pavement Improvements • LED Lighting & Navigation Aide Upgrades 3 Project Schedule Corpus Chrsti Capital Programs 2012 2013 2014 Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep 1 Construction Project Construction Estimate: 730 Calendar Days 24 Months Project Substantially complete: September 2014 AGENDA MEMORANDUM Future Agenda for the City Council Meeting of December 8, 2015 Action Item for the City Council Meeting of December 15, 2015 DATE: November 17, 2015 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Approval of the City's Investment Policy and Investment Strategies CAPTION: Resolution amending and reaffirming the City of Corpus Christi's Investment Policy and Investment Strategies for Fiscal Year 2015-2016 PURPOSE: The Public Funds Investment Act requires annual review by the governing body of its Investment Policy, and adoption of a written instrument stating that it has reviewed the investment policy and investment strategies. BACKGROUND AND FINDINGS: Under Texas Government Code, Chapter 2256, Subchapter A. Authorized Investments For Governmental Entities, the State of Texas delineates the types of investments and the investment rules that must be followed by governmental entities. This chapter is often referred to as the "Public Funds Investment Act". In accordance with the Public Funds Investment Act, the governing body must approve the City's investment policy annually. City staff is recommending reaffirmation of the existing policy with the following changes to correct and clarify certain provisions: (a) Cover Page: The date is amended to reflect the date of reaffirmation; (b) Document: Changes to the formatting of the document including bolding, tabs, margins, spacing and underscoring so that the document's appearance would be more consistent; (c) Page 4, Section IV.C. entitled "Investment Yield": Remove Lonestar from the six-month average; and (d) Page 12, Section VII.B. entitled "Investment Officers": Change the required number of hours of training from 10 to 8 for the PFIA training that is required after the initial 10 hour of training due to a change in requirements as a result of HB 870 approved in 2015. Additionally, the City has established an Investment Committee which consists of the City Manager, Deputy City Manager, Assistant City Managers, City Attorney, Director of Financial Services, and Assistant Director of Management and Budget, or their designees. The Committee met on November 16, 2015 and approved the Investment Policy with the changes noted above. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Legal Department • Investment Committee FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - $ - $ - $ - Encumbered/Expended amount of (date) -- - - This item - $ - $ - $ - BALANCE - $ - $ - $ - FUND(S): COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: City Investment Policy (without appendices) City Investment Policy - redline (without appendices) Resolution CITY OF CORPUS CHRISTI, TEXAS FINANCIAL SERVICES INVESTMENT POLICY December 15, 2015 s 11337;;) . Q� x852 TABLE OF CONTENTS Pace I. INTRODUCTION 1 II. PURPOSE 1 III. DEFINITIONS 2 IV. INVESTMENT OBJECTIVES 4 V. AUTHORIZED INVESTMENTS AND MAXIMUM MATURITY 5 VI. INVESTMENT STRATEGIES 9 VII. DESIGNATION OF RESPONSIBILITY 11 VIII. INTERNAL CONTROLS 12 IX. COMPETITIVE SOLICITATION 13 X. AUTHORIZED COUNTER -PARTIES 14 XI. COLLATERALIZATION 15 XII. SAFEKEEPING OF CITY SECURITIES 15 XIII. INFORMATION REPORTING/PORTFOLIO EVALUATION 16 XIV. BANKING SERVICES 17 XV. ANNUAL POLICY ADOPTION 17 XVI. GENERAL PROVISIONS 17 APPENDICES A. TEXAS PUBLIC FUNDS INVESTMENT ACT 1-31 B. CODE OF ETHICS 1-8 C. RESOLUTION 1-2 D. LEGAL DEFENSE AND INDEMNIFICATION OF CITY OFFICERS AND EMPLOYEES 1 i I. INTRODUCTION The City of Corpus Christi shall invest all available monies in compliance with this Investment Policy as adopted by the City Council and authorized by the Public Funds Investment Act. Effective cash management is recognized as essential to good fiscal management. An aggressive cash management program will be pursued to maximize interest earnings as a viable and material revenue source. The City's portfolio shall be designated and managed in a manner responsive to the public trust and consistent with local, state and federal law. Investments shall be made with the primary objective of: • Preservation of capital and protection of principal; • Maintenance of sufficient liquidity to meet operating needs; • Security of city funds and investments; • Diversification of investments to minimize risk while maximizing interest earnings; and • Maximization of return on the portfolio. Earnings from investments will be used in a manner that will best serve the interests of the City of Corpus Christi. Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion and intelligence would exercise in the management of that person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. 11. PURPOSE A. Authorization This Investment Policy is authorized by the City Council in accordance with Chapter 2256, Subchapter A of the Texas Government Code - The Public Funds Investment Act (the "Act" attached and incorporated as Appendix A). B. Scope This Investment Policy applies to all funds of the City, excluding pension funds, with regard to investing the financial assets of Funds, including, but not limited to: General Fund Special Revenue Funds Enterprise Funds Internal Service Funds Special Purpose Funds (within the control of Investment Officers) Capital Improvement Funds (including Bond Proceeds, Bond Reserves, Debt Service, Commercial Paper and any other debt instrument) In addition to this Policy, the investment of Bond Funds, Debt Service, and Reserve Funds shall be managed (including the yield calculation thereon) by 1 their governing ordinances and Federal Law, including the Tax Reform Act of 1986 and subsequent legislation. C. Review and Amendment This Policy shall be reviewed and adopted no less than annually by the City Council on or before December 31 of each calendar year. Amendments must be adopted by the City Council. The City Council shall adopt a written instrument by ordinance or resolution stating that it has reviewed the Investment Policy. This ordinance or resolution shall record any changes made to the Investment Policy. III. DEFINITIONS Authorized Broker/Dealer - Primary dealer and regional firms that have been selected by the federal underwriters to distribute their securities. Each authorized firm in a Broker/Dealer will offer the issue at the price authorized by the governmental agency on the initial market issuance. Authorized City Representatives — Investment Officers and City Officers authorized to execute transactions are designated in the attached and incorporated Appendix A on behalf of the City. (Specific positions so authorized are the City Treasurer, Investment Analyst, Controller, Chief Accountant, Assistant Director of Financial Services and Director of Financial Services). Authorized Investment — Authorized investments defined by this Policy with a maximum maturity are approved by the Investment Committee and City Council. All Policy authorized securities are listed in Section V. Collateral - Securities pledged by a banking institution or sold under a repurchase agreement, to guarantee City assets. All collateral must be AAA rated. The City requires U.S. Treasuries, U.S. Agency Securities or municipal obligations as collateral so that the market values can be readily determined at any point in time. Collateral requirements are defined in Section XI. Cusip Number - A cusip is a 9 -character alphanumeric code which identifies a financial security for purposes of facilitating clearing and settlement of trades. Custodian — An approved independent custodian charged with the safekeeping of securities owned by or pledged to the City. An independent custodian is one not affiliated with any pledging institution or counter -party. Director of Financial Services - The Director of Financial Services is the Municipal Finance Officer responsible for City investments, but not designated as an Investment Officer. The Director of Financial Services may designate the Assistant Director of Financial Services, Controller or Chief Accountant to assist in this process. Excess Cash Balances - Collected bank balances not needed to pay estimated check clearings. Failed Transaction — A transaction in which an investment is not delivered to an institution for operational or availability reasons. The security would fail to be delivered to the Custodian. 2 Institution - Any firm, bank, bank holding company, broker/dealer or Public Funds Investment Pool that offers to sell/buy a financial transaction/security to the City. All such firms must complete a Policy certification as stated by this Policy. Investment Advisor — SEC registered investment advisor contracted by the City to assist in the portfolio management process, reporting and treasury operations/controls. Investment Officers — Individuals designated by the City Council to execute investment transactions. Positions include only the City Treasurer and Investment Analyst. Investment Portfolio - All City monies and securities invested under authority of the Investment Officers. Qualified Representative — As defined by the Act, a person, who holds a position with a business organization, who is authorized to act on behalf of the business organization, and who is one of the following: (A) For a business organization doing business that is regulated by or registered with a securities commission, a person who is registered under the rules of the National Association of Securities Dealers; (B) For a state or federal bank, a savings bank, or a state or federal credit union, a member of the loan committee for the bank or branch of the bank or a person authorized by corporate resolution to act on behalf of and bind the banking institution; (C) For an investment public funds investment pool, the person authorized by the elected official or board with authority to administer the activities of the investment public funds investment pool to sign the written instrument on behalf of the investment public funds investment pool; or (D) For an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or, if not subject to registration under that Act, registered with the State Securities Board, a person who is an officer or principal of the investment management firm. Reserve Funds - Funds designated by the City Council for specific purposes, which have not been appropriated for spending. Securities - Approved Investments designated by the Investment Committee, as defined by Section VII, to be held in the Investment Portfolio or acceptable to be pledged as Collateral to secure the monies of the City. Special Purpose Funds - Monies of non-profit corporations that Investment Officers are permitted to invest; includes such entities as the Coastal Bend Health Facilities Development Corporation, Corpus Christi Housing Finance Corporation, Corpus Christi Community Improvement Corporation, HOME Project, First Time Home Buyer, Corpus Christi Industrial Development Corporation, Corpus Christi Business and Job Development Corporation, North Padre Island Development Corporation, Corpus Christi Crime Control and Prevention District, and Corpus Christi Digital Community Development Corporation. 3 Third Party Safekeeping Institution - Any Institution not affiliated with an Institution delivering the Authorized Investment. IV. INVESTMENT OBJECTIVES The following states the investment objectives of the City in order of priority: A. Preservation and Safety of Principal Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall Investment Portfolio. B. Liquidity The City's Investment Portfolio must be structured in a manner which maintains the liquidity necessary to pay obligations as they become due. Sufficient cash flows must be maintained through cash flow analysis and by rapidly depositing monies and timing disbursements. Generally, Investments are matched to specific cash flow requirements such as payrolls, construction drawdown schedules, debt service payments, and other payables. Liquidity is also achieved by investing in Authorized Investments with active secondary markets or in Public Funds Investment Pools with stable net asset values. C. Investment Yield The City's Investment Portfolio shall be designed with the objective of regularly exceeding the average yield of the following benchmarks in a manner consistent with the principles of this Policy described in Section IV. A and B and reflecting the cash flow expectations and portfolio strategy of the City: Six-month average of Texpool, Texstar and Texas Daily. However, it must be recognized that differing interest rate environments will result in fluctuations. During a declining market, satisfying this objective may not be practical until Authorized Investments mature and can be re -invested, especially since preservation of capital is the first priority in the investment of monies pursuant to this Policy. For bond issues to which arbitrage restrictions apply, the primary objectives shall be to avoid negative arbitrage and to obtain market yields minimizing the costs associated with investing such monies. D. Diversification Diversification is required because of differing liquidity needs of the City and to control risk. Diversification minimizes the risk to the overall Investment Portfolio by spreading market and credit risk as well as potential losses on individual securities or market sector thereby enhancing safety of the Investment Portfolio. 4 Through the solicitation of competitive proposals, the City shall allocate and diversify its Investments through various Institutions. The following types of Investments will be solicited from approved Institutions: 1. Obligations of the United States; including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States. 2. Repurchase Agreements - through a Third Party Safekeeping Institution Agreement, which includes an approved primary dealer doing business in Texas as required by the PFIA; 3. Public Funds Investment Pools - through participation agreements; 4. Certificates of Deposit - through approved local banks or a broker that has a main office or a branch office in this state and is selected from a list adopted by the investing entity. 5. Money Market Mutual Funds; 6. Guaranteed Investment Contracts (for Bond Proceeds only); and 7. Texas Term Investment Pool; The City recognizes that investment risks can result from default risk, credit volatility risk, and market price risks due to various technical and fundamental economic factors, and other complications, leading to temporary illiquidity. To control market price risks, volatile Investments shall be avoided. To control default risk, the only acceptable method of payment will be on a delivery versus payment -basis for all transactions, except Public Funds Investment Pools and repurchase agreements. Delivery versus Payment provides for payment to Institutions at the time the Investments are recorded in book entry form at the City's Third Party Safekeeping Institution, currently maintained at the Federal Reserve. For certificates of deposit, sufficient Collateral at 102% of current market values must be pledged to protect all City monies or monies under its control that exceed Federal Deposit Insurance Corporation (FDIC) coverage; the Collateral must be safe kept at a Third Party Safekeeping Institution not affiliated with the bank or bank holding company providing the certificate of deposit. V. AUTHORIZED INVESTMENTS AND MAXIMUM MATURITY The City of Corpus Christi is authorized to invest only in the following investments. City monies, governed by this Policy, may not be invested in other investments permitted by law unless this Policy is amended and adopted to permit such investment. A. Authorized Investments 1. Obligations of the United States or its agencies and instrumentalities, excluding mortgage backed securities, which currently include the following stated final maturities: a. Short-term U.S. Treasuries: 1.) U.S. Treasury Bills 2.) U.S. Treasury Coupon Notes 3.) U.S. Treasury Notes and Strips Maximum Maturity up to 365 days* up to 3 years* up to 3 years* 5 b. U.S. Agencies: Maximum Maturity 1.)Federal Home Loan Bank up to 2 years* 2.)Federal National Mortgage Association. up to 2 years* 3.)Federal Farm Credit up to 2 years* 4.)Federal Home Loan Mortgage Corporation up to 2 years* 5.)Federal Agricultural Mortgage Corporation up to 2 years* *Reserve Funds invested in Treasury and Agency obligations may have a stated final maturity up to five years. 2. Repurchase Agreements up to 365 days Repurchase agreements must be fully collateralized at 102% with a defined maturity date, is secured by a combination of cash and obligations, including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States placed with a primary government dealer with collateral, and safekept at a City approved Custodian, as provided under the provisions of the SIFMA (Securities Industry and Financial Markets Association) Master Repurchase Agreement. An executed agreement between the City, primary government dealer and Custodian will be on file before the City will enter into a tri -party repurchase agreement. Weekly monitoring by the City's Investment Officers or Advisor of all Collateral underlying repurchase agreements is required. More frequent monitoring may be necessary during periods of market volatility. 3. Public Funds Investment Pool up to 1 day A Public Funds Investment Pool duly created and managed in accordance with the Act to function as a money market mutual fund that marks its portfolio to market daily and, to the extent reasonably possible, which stabilizes its portfolio to market daily at $1 net asset value. If the ratio of the market value of the Public funds investment pool's portfolio divided by the book value of the portfolio is less than 99.50% or greater than 100.50%, the Public funds investment pool's portfolio holdings shall be sold as necessary to maintain the ratio between 99.50% and 100.50%. The maximum amount that may be invested in any one public funds investment pool is five (5) percent of the total current invested balance of the Public Funds Investment Pool. The maximum total amount that may be invested in any one overnight Public Funds Investment Pool is thirty (30) percent of the Investment Portfolio. The Public Funds Investment Pool must be continuously rated no lower than AAA or AAA -m or at an equivalent rating by at least one nationally recognized rating service. Public Funds Investment Pools may contain investment securities that are not directly authorized by this Policy, so long as (i) the AAA rating is standard herein above stated is satisfied, and (ii) the investment is permitted by Subchapter A of the Texas Public Funds Investment Act, Chapter 2256 of the Texas Government Code. 6 An investment pool may invest its funds in money market mutual funds to the extent permitted by and consistent with the investment policies and objectives adopted by the investment pool. In addition to the requirements of its investment policy and any other forms of reporting, a public funds investment pool created to function as a money market fund shall report yield to its investors in accordance with regulations of the Securities and Exchange Commission applicable to reporting by money market funds. If the investment pool operates as an internet website, the information in a disclosure instrument or report must be posted on the website. 4. Collateralized and Brokered Certificates of Deposit up to 2 years Certificates of deposit or other instruments issued by state and national banks domiciled in Texas that are: Guaranteed or insured by the Federal Deposit Insurance Corporation or its successor; or Secured at 102% by obligations defined by Section XI of this Policy. a. Collateralized Certificates of Deposit Certificates of deposit must be fully collateralized at 102% of their market value. The City requires the bank to pledge U.S. Treasuries or U.S. Agencies as collateral as described in section V, Subdivision A.1. The Investment Officers will monitor adequacy of collateralization on a weekly basis. b. Brokered Certificates of Deposit The Investment Officer shall monitor, on no less than a weekly basis, the status and ownership of all banks issuing brokered CDs owned by the City of Corpus Christi based upon information from the FDIC. Brokered CDs will be required to have a cusip number and be held in safekeeping at a third -party institution. If any bank has been acquired or merged with another bank in which brokered CDs are owned, the Investment Officer shall immediately liquidate any brokered CD which is above the FDIC insurance level. 5. Money Market Mutual Fund up to 1 year A AAA -rated no-load money market mutual fund (no service charge) is an authorized investment if: a. the money market mutual fund is registered with and regulated by the Securities and Exchange Commission; b. the money market mutual fund provides the City with a prospectus and other information required by the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) or the -Investment Company Act of 1940 (15 U.S.C. Section 80a-1 et seq.); c. the money market mutual fund includes in its investment objectives the maintenance of a stable net asset value of $1 for each share; 7 d. the assets of the money market mutual fund are invested in those investments authorized under this Investment Policy; and e. the money market mutual fund has a dollar weighted average stated maturity of 90 days or fewer. 6. Guaranteed Investment Contracts up to 3 years Guaranteed investment contracts offer to pay a specific interest rate over a period of time. and can be structured to reflect an anticipated draw down schedule for capital improvements funded with bond proceeds. The collateral and monitoring requirements applicable to repurchase agreements shall apply to guaranteed investment contracts. A guaranteed investment contract may be utilized only in connection with the investment of bond proceeds. The maximum term of a guaranteed investment contract shall not exceed the anticipated construction period for the capital improvement, the construction of which is to be funded with Bond Proceeds. 7. Texas Term Investment Pool up to 1 year The Texas Term Investment Pool for fixed term investments was created as an investment pool and is a hybrid, mutual fund structure. The pool offers a fixed rate, fixed term portfolio option and is rated AAA by Standard and Poor's Ratings Services. Participants may lock in a fixed rate for a term of 60 to 365 days. B. Weighted Average Maturity In order to assure adequate liquidity and to minimize risk of loss to the Investment Portfolio due to interest rate fluctuations, investment maturities will not exceed the anticipated cash flow requirements of the Funds. Maturity guidelines by Fund are as follows: The weighted average maturity (WAM) of the overall portfolio shall be no more than 365 days. 1. Operating Funds The maximum weighted average maturity of Operating Funds shall be 365 days. The Investment Officers will monitor the maturity level and adjust as appropriate throughout the fiscal year. 2. Capital Improvement Funds The maximum weighted average maturity of Capital Improvement Funds shall be 365 days. The Authorized Investment maturity of that portion of the City Portfolio that represents Capital Improvement Funds (bond proceeds, reserve funds, debt service and Commercial Paper) shall be determined considering: a. The anticipated cash flow requirements of the Capital Improvement Funds; and b. The "temporary period" as defined by Federal income tax law during 8 which time bond proceeds may be invested at an unrestricted yield. Bond proceeds subject to yield restriction shall be invested considering that yield restriction to avoid a challenge to the City's related indebtedness qualification as an obligation, the interest in which is not subject to federal taxation under section 103 of the Internal Revenue Code of 1986 as amended_(the "IRC"). Bond proceeds subject to yield restriction shall be invested considering the anticipated cash flow requirements of the Capital Improvement Funds. For all bond proceeds controlled by the tax-exempt bond provisions of the IRC a complete yield analysis shall be performed to assure compliance with the IRC. An annual rebate calculation shall be performed to assure compliance with IRC. An annual rebate calculation shall be performed to determine the City's rebate liability at the end of each respective bond issue's five-year term. On the third anniversary of the respective issue date for each bond issue, bond proceeds from such issue will be yield restricted as required by the IRC. 3. Reserve Funds Established by Operative Bond Funds or by the City Council. The following Reserve Funds may be invested up to five years in U.S. Treasuries or Agencies: Maximum Choke Canyon Fund 4050 $10,000,000 City monies governed by this Policy may not be invested in other investments permitted by law unless (1) such investments are specifically authorized for the investment of these monies by an ordinance adopted by the City Council issuing bonds or other debt obligations or (ii) this Policy is amended to permit such investment. C. Methods to Monitor Investment Market Price The City monitors the market price of investments obtained from Texpool's securities pricing service or the Bloomberg system which is made available through the City's authorized institutional brokers. The City may also obtain market price information from other nationally recognized sources of financial information such as the Wall Street Journal. VI. INVESTMENT STRATEGIES A. Investment Maturity Diversification A minimum of 15% of the total investment portfolio shall be held in Authorized Investments with maturity dates of 90 days or less for liquidity. U.S. Treasuries/Agencies may be purchased for longer-term maturities (greater than one year) but shall not exceed 40% of the total investment portfolio to preserve liquidity. The weighted average maturity limitation of the overall Investment Portfolio takes these requirements into account to protect liquidity and allow flexibility for market environments. Daily Authorized Investment reports shall monitor and address 9 whether these diversification requirements are being met. Unless approved by the Investment Committee, the target percentages specified shall not be exceeded for temporary periods greater than thirty (30) days without the Investment Officers taking corrective action. B. Strategies 1. Operating and CIP Funds Investment strategies for operating funds and capital improvement funds have as their primary objective the assurance that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to create an Investment Portfolio structure, which will experience minimal volatility during economic cycles. To accomplish this strategy, the City will purchase high credit quality, short -to -intermediate term investments primarily in a laddered structure. To pay for anticipated disbursements, Authorized Investments will be laddered to correspond with the projected cash flow needs of the City. Investments maturing that are acquired on the short end of the yield curve 90 days or less will meet immediate cash needs. A few Authorized Investments are purchased on the intermediate part of the yield curve (1- 3 year maturity) to lock in higher interest rates when rates are projected to decline due to the economic cycle of the economy. The dollar weighted average investment maturity of 365 days or less will be calculated using the stated final maturity dates of each investment. 2. Debt Service Funds Investment strategies for debt service funds shall have as the primary objective the assurance that debt service payment obligations are timely met. 3. Debt Service Reserve Funds Investment strategies for debt service reserve funds shall have as the primary objective the ability to generate a dependable revenue stream with a low degree of volatility. In accordance with the specific bond authorization document, investments should be of high credit quality, with short -to -intermediate-term maturities and a maximum weighted average maturity of one year. 4. Special Purpose Funds Investment strategies for Special Purpose Funds will have as their primary objective the assurance that anticipated cash flows are matched with adequate Authorized Investment liquidity. The stated final maturity dates and weighted average maturity shall be structured on the project completion date. These investment portfolios shall include highly liquid investments to allow for flexibility and unanticipated project outlays. 10 C. Achieving Investment Yield Objectives The City will utilize a conservative buy and hold strategy for the majority of the Investment Portfolio with investment selection based on legality, appropriateness, liquidity, and risk/return considerations. This strategy recognizes the unique needs of individual funds and provides for their recognized cash flow needs. The remaining portion of the Investment Portfolio may be invested actively and the reasons for doing so are: 1. Passive investment provides for: a. Investments targeted to pay upcoming anticipated disbursements. b. Liquidity to provide for a measure of anticipated disbursements and c. Laddering and diversification to manage market and credit risk. 2. Active investment provides for: a. The ability to improve yields in the Investment Portfolio by riding the yield curve during business cycle recovery and expansion periods. Interest rates on longer maturities typically exceed those on shorter maturities. Therefore, longer maturities (that can be held to maturity, if necessary) are purchased in anticipation of selling later at the same or lower interest rate, improving the total return during the holding period. b. The ability to improve market sector diversification by swapping out of one investment into another for a better total return, to realign for disbursement projections, or to extend or shorten maturity depending on economic forecasts. The City Manager, or his designee, is required to approve any investment that must be sold at a loss. All gains and losses will be reported to the City Council and Investment Committee no Tess frequently than on a quarterly basis. VII. DESIGNATION OF RESPONSIBILITY A. Investment Committee An Investment Committee, consisting of City Manager, Assistant City Managers, Director of Financial Services (or if vacant, Assistant Director of Financial Services), City Attorney, Assistant Director of Financial Services/Management and Budget shall meet at least quarterly to determine operational strategies and to monitor investment results. The Investment Committee will be responsible for monitoring, reviewing and making recommendations regarding the City's Investment Portfolio to the City Council. The Investment Committee will review quarterly investment reports before 11 submission to the City Council and will, on no less than an annual basis, review and adopt a list of authorized broker/dealers prepared by the City. The Investment Committee shall include in its deliberation such topics as: economic outlook, Investment Portfolio diversification, maturity structure, risk and performance of the portfolio(s). B. Investment Officers The authority to invest City funds and the execution of any documentation necessary to evidence the investment of City funds is granted to the Investment Officers. The City Treasurer and the Investment Analyst are the designated Investment Officers responsible for the daily operation of the investment program. Investment Officers will prepare monthly and quarterly reports, maintain information on counter -parties, monitor collateral, and attend training as required by the Act. As required by the Act, each Investment Officer shall attend ten hours of training in accordance with the Act within 12 months of assuming responsibilities and attend 8hours of training that begins on the first day of that local government's fiscal year and consists of the two consecutive fiscal years after that date. Training should include topics such as investment controls, security risk, market risks, diversification of the investment portfolio and compliance with Texas laws. The Investment Committee approves investment — training seminars presented by the following organizations: Government Finance Officers Association Government Finance Officers Association of Texas Government Treasurers Organization of Texas Association of Public Treasurer's of the US & Canada Texas Municipal League University of North Texas Center for Public Management If the Investment Officer desires to attend an investment -training seminar presented by another organization for training credit, such seminar must be approved by the Director of Financial Services. C. Investment Advisor The City Council may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) to provide for the investment and management of City funds. The initial contract made under authority of this subsection may not be for a term longer than two years. A renewal or extension of the contract must be made by the City Council by ordinance or resolution. VIII. INTERNAL CONTROLS The City Treasurer will establish a system of internal controls over the investment activities of the City and document such controls in the Investment Procedures Manual. These internal controls shall be approved by the Director of Financial Services. 12 A. Standard of Care Investments shall be made with the same judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. Prudent investment is to be judged by the Investment Portfolio as a whole, not on individual Investments. In the case of a loss required rating, if liquidation is necessary due to a public funds investment pool losing its AAA rating or for other reasons, liquidation will be done in a prudent manner consistent with the investment objectives of this Policy and as provided in 2256.021 of the Government Code the Act. The Investment Officer shall monitor, on no less than a weekly basis, the credit rating on all authorized investments in the portfolio based upon independent information from a nationally recognized rating agency. If any security falls below the minimum rating required by Policy, the Investment Officer shall notify the City Manager, Director of Finance and City Council of the loss of rating, conditions affecting the rating and possible loss of principal with liquidation options available, within two weeks after the loss of the required rating. Investment Officers and the Investment Advisor shall perform their duties strictly in accordance with the adopted Investment Policy. Investment Officers acting in good faith and in accordance with these policies and procedures shall be relieved of personal liability if exceptions are reported on a timely basis and prudent actions are taken to reduce potential loss. The Investment Committee and officers are indemnified as provided by City ordinance attached and incorporated as Appendix D. B. Ethics Investment Officers, Investment Committee members and employees involved in the investment process shall comply with the City's Code of Ethics attached and incorporated as Appendix B which requires disclosure of financial interests by April of each year. These individuals shall refrain from personal business activities that could conflict with proper execution of the investment program or which could impair the ability to make impartial investment decisions. Officers and employees shall disclose to the City Council any material investment decisions. Officers and employees shall disclose to the council any material financial interest in institutions that conduct investment or banking transactions with the City. Any Investment officer who has a personal or business relationship with an organization seeking to sell an investment to the City shall file a statement disclosing that relationship or interest. Disclosure statements required under this subsection must be filed. IX. COMPETITIVE SOLICITATION Except for Repurchase Agreements, Guaranteed Investment Contracts, and Public Funds Investment Pools, any new issue investment will be purchased through an Authorized Broker/Dealer or directly through the issuer. Investment 13 Officers identify the best rate prior to the purchase of an Authorized Investment that meets the City's cash flow needs at the time. Any Institution authorized to participate in the City's investment program must meet Collateral pledge requirements outlined in Section XI of these guidelines and must submit annual financial reports. X. AUTHORIZED COUNTER -PARTIES A. Broker/Dealers Any broker/dealer seeking to sell an Authorized Investment to the City is required to complete the questionnaire approved by the Investment Committee and furnish supporting documentation required by the Investment Committee. Information on the firms shall be maintained by the Investment Officers or the Investment Advisor. Securities qualifying as Authorized Investments shall only be purchased through those institutions approved by the Investment Committee. B. Policy Certification Investments shall only be made with those Institutions who have executed a written certification in a form acceptable to the City, executed by a Qualified Representative of that Institution, and substantially to the effect that the Institution has: 1. Received, thoroughly reviewed and acknowledged, in writing, receipt and understanding of this Policy. 2. Acknowledged that the Institution has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the Institution and the City that are not authorized by this Policy. C. Investments shall only be made with those institutions who have met the qualifications and standards established by the City's Investment Committee and set forth in the Investment Procedures Manual. D. The Investment Committee shall, at least annually, review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the City. E. The City Treasurer will request the Investment Committee to authorize deletion of institutions for: 1. Slow response time; 2. Inability to compete with other authorized firms; 3. Insufficient market information on technical or fundamental expectations based on economic indicators; 4. Failed transactions or continuing operational difficulties; 5. Unwillingness to continue to abide by this Policy; the provisions listed in IX.A.; 14 6. Other reasons as approved by the Investment Committee. Xl. COLLATERALIZATION It is imperative that the securities in the Investment Portfolio be protected through independent safekeeping and all time deposits and demand bank cash balances be protected with sufficient collateral at a minimum of 102% daily of current market values to guard against market and volatility risk. A. Pledged Collateral for Time and Demand Deposits Depository collateral is pledged to and not owned by the City. All collateral shall be held by a custodian approved by the City under an executed collateral agreement. The market value of pledged collateral for time and demand deposits must be at least 102% of the principal plus accrued interest. All collateral shall be held by an independent custodian outside the holding company of the pledging bank. Original evidence of City collateralization in the form of original safekeeping receipts will be provided to the City Treasurer and will be maintained in the City Treasurer's Office. The custodian will provide a monthly listing of collateral describing the securities and giving a market value. An investment officer will approve and release all pledged collateral. The Investment Officers will monitor adequacy of collateralization on a weekly basis. B. Collateral Substitution Collateralized investments and certificates of deposit often require substitution of Collateral. Any Institution must contact the Investment Officers for approval and settlement. The substituted collateral's value will be calculated and substitution approved if its value is equal to or greater than the required collateral value. Substitution is allowable for all transactions, but should be limited, to minimize the City's potential administrative problems. C. Collateral Reductions Should the collateral's market value exceed the required amount, any Institution may request approval from the Investment Officer to reduce collateral. Collateral reductions may be permitted only if the City's records indicate that the collateral's market value exceeds the required amount. D. Prohibited Securities Investment securities described in Section 2256.009(b), Government Code, shall not be eligible for use as collateral of City monies governed by this Policy. XII. SAFEKEEPING OF CITY SECURITIES A. Third Party Safekeeping Agreement The City shall utilize its banking services depository or other banks for the safekeeping of City owned securities. The delivery of all securities into safekeeping will be done on a delivery versus payment basis. 15 B. Safekeeping of Certificate of Deposit Collateral All Collateral securing bank and savings and loan deposits must be held by a Third Party Safekeeping Institution approved by the City, or Collateral may be held at the Federal Reserve Bank. C. Safekeeping of Repurchase Agreement Collateral Repurchase Agreement Collateral is restricted to U.S. Treasuries and must be delivered to a Third -Party Safekeeping Institution with which the City has (subject to the limitation described in Section XI.D above) established a third -party safekeeping agreement. D. Guaranteed Investment Agreement Collateral Guaranteed investment contract collateral is restricted to U.S. Treasuries and Agencies (subject to the limitation described in Section XI.D above) and must be delivered to a Third -Party Safekeeping Institution with which a third -party safekeeping agreement has been established pursuant to the terms of the guaranteed investment contract. XIII. INFORMATION REPORTING/PORTFOLIO EVALUATION A. The City Treasurer and Investment Analyst as designated Investment Officers are responsible for reporting to the Investment Committee and City Council on a quarterly basis in accordance with the Act. B. Quarterly Investment Reports are to include the following in accordance with the Act: a. Combined Investment Portfolio Report of Market versus Book Values b. Combined Portfolio Composition c. Individual Portfolio Composition d. Cash and Cash Equivalents, U.S. Treasuries and Investments Greater than One year e. Combined Summary of Investment Transactions f. Combined Investment Portfolio - Weighted Average Maturity g. Investment Revenue h. Analysis of Excess Collateral Coverage i. Aggregate Activity Per Broker j. Comparison of Investment Returns to Benchmarks k. Investment Portfolio Report — Lake Texana Project and Packery Channel Project I. Bond Funds by Issue m. Pools and Money Market Accounts - Approved Institutional Brokers n. Economic and Interest Rate Forecast o. Glossary p. Compliance Statement q. Quarterly Investment Committee Meeting Minutes 16 Internal Reporting/Evaluation In addition, the following reports are to be submitted on a monthly basis: 1) Cash position by bank account 2) Collateral position 3) Investment transactions C. External Reporting/Evaluations On a quarterly basis, any institution holding City time or demand deposits will provide to the Investment Officers for the institution's review a copy of the balance sheet and income statement for the Call Report for review. All depository and brokerage institutions will provide annual audited financial statements. Any Public Funds Investment Pools must provide reports and disclosure statements as required by the Act. D. Record Retention The City follows the guidelines of retaining records for five years from City's current fiscal year, as recommended in the Texas State Library Municipal Records Manual or may be authorized by the City's local records management guidelines. XIV. BANKING SERVICES All depository services are provided in the City's main depository agreement. Other services such as credit cards, direct deposit of payroll or other services may be administered through separate agreements. To aggressively invest Excess Cash Balances, controlled disbursements accounts, zero balance accounts and other cash management tools may be employed. XIV. ANNUAL POLICY ADOPTION This Policy will be reviewed and adopted by the City Council no less than annually. The accepting ordinance resolution will include a description of all changes made to this policy. XVI. GENERAL PROVISIONS A. Audits and Inspections During regular business hours and as often as the Investment Officers deem necessary, the Institution providing certificates of deposit will make available for examination by the City Manager, his duly authorized agent, accountant, or legal representative, such records and data to assure the pledge of Collateral, availability of Collateral, and financial stability of the Institution. B. Compliance with Laws 17 Each Institution agrees to comply with all federal, state, and local laws, rules, regulations, and ordinances. The personnel or officers of such Institution shall be fully qualified and authorized under federal, state, and local law to perform the services set out under this Policy. Each Institution shall permit the Investment Officers to audit, examine, and make excerpts or transcripts from such records and to make audits of all contract, invoices, materials, and other data relating to applicable Investments. C. Performance Audits The City's Annual External Financial Audit shall include a compliance audit of management controls on Investments and adherence to this Policy. If the City invests in other than money market mutual funds, investment public funds investment pools or accounts offered by its depository in the form of certificates of deposit or money market accounts; the quarterly reports prepared by Investment Officers for the City Council must be formally reviewed at least annually by an independent auditor. The results of the review must be reported to the City Council by that auditor. D. Investment Policy Resolution. The resolution authorizing this Investment Policy is attached hereto as Appendix C. APPENDIX A Texas Public Funds Investment Act Texas Government Code, Chapter 2256 Subchapter A GOVERNMENT CODE TITLE 10. GENERAL GOVERNMENT SUBTITLE F. STATE AND LOCAL CONTRACTS AND FUND MANAGEMENT CHAPTER 2256. PUBLIC FUNDS INVESTMENT SUBCHAPTER A. AUTHORIZED INVESTMENTS FOR GOVERNMENTAL ENTITIES Sec. 2256.001. SHORT TITLE. This chapter may be cited as the Public Funds Investment Act. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.002. DEFINITIONS. In this chapter: (1) "Bond proceeds" means the proceeds from the sale of bonds, notes, and other obligations issued by an entity, and reserves and funds maintained by an entity for debt service purposes. (2) "Book value" means the original acquisition cost of an investment plus or minus the accrued amortization or accretion. (3) "Funds" means public funds in the custody of a state agency or local government that: (A) are not required by law to be deposited in the state treasury; and (B) the investing entity has authority to invest. (4) "Institution of higher education" has the meaning assigned by Section 61.003, Education Code. (5) "Investing entity" and "entity" mean an entity subject to this chapter and described by Section 2256.003. (6) "Investment pool" means an entity created under this code to invest public funds jointly on behalf of the entities that participate in the pool and whose investment objectives in order of priority are: (A) preservation and safety of principal; (B) liquidity; and (C) yield. (7) "Local government" means a municipality, a county, a school district, a district or authority created under Section 52(b)(1) or (2), Article III, or Section 59, Article XVI, Texas Constitution, a fresh water 1 supply district, a hospital district, and any political subdivision, authority, public corporation, body politic, or instrumentality of the State of Texas, and any nonprofit corporation acting on behalf of any of those entities. (8) "Market value" means the current face or par value of an investment multiplied by the net selling price of the security as quoted by a recognized market pricing source quoted on the valuation date. (9) "Pooled fund group" means an internally created fund of an investing entity in which one or more institutional accounts of the investing entity are invested. (10) "Qualified representative" means a person who holds a position with a business organization, who is authorized to act on behalf of the business organization, and who is one of the following: (A) for a business organization doing business that is regulated by or registered with a securities commission, a person who is registered under the rules of the National Association of Securities Dealers; (B) for a state or federal bank, a savings bank, or a state or federal credit union, a member of the loan committee for the bank or branch of the bank or a person authorized by corporate resolution to act on behalf of and bind the banking institution; (C) for an investment pool, the person authorized by the elected official or board with authority to administer the activities of the investment pool to sign the written instrument on behalf of the investment pool; or (D) for an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or, if not subject to registration under that Act, registered with the State Securities Board, a person who is an officer or principal of the investment management firm. (11) "School district" means a public school district. (12) "Separately invested asset" means an account or fund of a state agency or local government that is not invested in a pooled fund group. (13) "State agency" means an office, department, commission, board, or other agency that is part of any branch of state government, an institution of higher education, and any nonprofit corporation acting on behalf of any of those entities. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, Sec. 1, eff. Sept. 1, 1999. Sec. 2256.003. AUTHORITY TO INVEST FUNDS; ENTITIES SUBJECT TO THIS CHAPTER. (a) Each governing body of the following entities may purchase, sell, and invest its funds and funds under its control in investments authorized under this subchapter in compliance with investment policies approved by the governing body and according to the standard of care prescribed by Section 2256.006: (1) a local government; (2) a state agency; (3) a nonprofit corporation acting on behalf of a local government or a state agency; or (4) an investment pool acting on behalf of two or more local governments, state agencies, or a combination of those entities. (b) In the exercise of its powers under Subsection (a), the governing body of an investing entity may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or with the State Securities Board to provide for the investment and management of its public funds or other funds under its control. A contract made under authority of this subsection may not be for a term longer than two years. A renewal or extension of the contract must be made by the governing body of the investing entity by order, ordinance, or resolution. (c) This chapter does not prohibit an investing entity or investment officer from using the entity's employees or the services of a contractor of the entity to aid the investment officer in the execution of the officer's duties under this chapter. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1454, Sec. 2, eff. Sept. 1, 1999. Sec. 2256.004. APPLICABILITY. (a) This subchapter does not apply to: (1) a public retirement system as defined by Section 802.001; (2) state funds invested as authorized by Section 404.024; (3) an institution of higher education having total endowments of at least $95 million in book value on May 1, 1995; (4) funds invested by the Veterans' Land Board as authorized by Chapter 161, 162, or 164, Natural Resources Code; (5) registry funds deposited with the county or district clerk under Chapter 117, Local Government Code; or (6) a deferred compensation plan that qualifies under either Section 401(k) or 457 of the Internal Revenue Code of 1986 (26 U.S.C. Section 1 et seq.), as amended. (b) This subchapter does not apply to an investment donated to an investing entity for a particular purpose or under terms of use specified by the donor. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 505, Sec. 24, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1421, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 8.21, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1454, Sec. 3, eff. Sept. 1, 1999. Sec. 2256.005. INVESTMENT POLICIES; INVESTMENT STRATEGIES; INVESTMENT OFFICER. (a) The governing body of an investing entity shall adopt by rule, order, ordinance, or resolution, as appropriate, a written investment policy regarding the investment of its funds and funds under its control. (b) The investment policies must: (1) be written; (2) primarily emphasize safety of principal and liquidity; (3) address investment diversification, yield, and maturity and the quality and capability of investment management; and (4) include: (A) a list of the types of authorized investments in which the investing entity's funds may be invested; 4 (B) the maximum allowable stated maturity of any individual investment owned by the entity; (C) for pooled fund groups, the maximum dollar -weighted average maturity allowed based on the stated maturity date for the portfolio; (D) methods to monitor the market price of investments acquired with public funds; (E) a requirement for settlement of all transactions, except investment pool funds and mutual funds, on a delivery versus payment basis; and (F) procedures to monitor rating changes in investments acquired with public funds and the liquidation of such investments consistent with the provisions of Section 2256.021. (c) The investment policies may provide that bids for certificates of deposit be solicited: (1) orally; (2) in writing; (3) electronically; or (4) in any combination of those methods. (d) As an integral part of an investment policy, the governing body shall adopt a separate written investment strategy for each of the funds or group of funds under its control. Each investment strategy must describe the investment objectives for the particular fund using the following priorities in order of importance: (1) understanding of the suitability of the investment to the financial requirements of the entity; (2) preservation and safety of principal; (3) liquidity; (4) marketability of the investment if the need arises to liquidate the investment before maturity; (5) diversification of the investment portfolio; and (6) yield. (e) The governing body of an investing entity shall review its investment policy and investment strategies not less than annually. The governing body shall adopt a written instrument by rule, order, ordinance, or resolution stating that it has reviewed the investment policy and investment strategies and that the written instrument so adopted shall 5 record any changes made to either the investment policy or investment strategies. (f) Each investing entity shall designate, by rule, order, ordinance, or resolution, as appropriate, one or more officers or employees of the state agency, local government, or investment pool as investment officer to be responsible for the investment of its funds consistent with the investment policy adopted by the entity. If the governing body of an investing entity has contracted with another investing entity to invest its funds, the investment officer of the other investing entity is considered to be the investment officer of the first investing entity for purposes of this chapter. Authority granted to a person to invest an entity's funds is effective until rescinded by the investing entity, until the expiration of the officer's term or the termination of the person's employment by the investing entity, or if an investment management firm, until the expiration of the contract with the investing entity. In the administration of the duties of an investment officer, the person designated as investment officer shall exercise the judgment and care, under prevailing circumstances, that a prudent person would exercise in the management of the person's own affairs, but the governing body of the investing entity retains ultimate responsibility as fiduciaries of the assets of the entity. Unless authorized by law, a person may not deposit, withdraw, transfer, or manage in any other manner the funds of the investing entity. (g) Subsection (f) does not apply to a state agency, local government, or investment pool for which an officer of the entity is assigned by law the function of investing its funds. Text of subsec. (h) as amended by Acts 1997, 75th Leg., ch. 685, Sec. 1 (h) An officer or employee of a commission created under Chapter 391, Local Government Code, is ineligible to be an investment officer for the commission under Subsection (f) if the officer or employee is an investment officer designated under Subsection (f) for another local government. Text of subsec. (h) as amended by Acts 1997, 75th Leg., ch. 1421, Sec. 3 6 (h) An officer or employee of a commission created under Chapter 391, Local Government Code, is ineligible to be designated as an investment officer under Subsection (f) for any investing entity other than for that commission. (i) An investment officer of an entity who has a personal business relationship with a business organization offering to engage in an investment transaction with the entity shall file a statement disclosing that personal business interest. An investment officer who is related within the second degree by affinity or consanguinity, as determined under Chapter 573, to an individual seeking to sell an investment to the investment officer's entity shall file a statement disclosing that relationship. A statement required under this subsection must be filed with the Texas Ethics Commission and the governing body of the entity. For purposes of this subsection, an investment officer has a personal business relationship with a business organization if: (1) the investment officer owns 10 percent or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the business organization; (2) funds received by the investment officer from the business organization exceed 10 percent of the investment officer's gross income for the previous year; or (3) the investment officer has acquired from the business organization during the previous year investments with a book value of $2,500 or more for the personal account of the investment officer. (j) The governing body of an investing entity may specify in its investment policy that any investment authorized by this chapter is not suitable. (k) A written copy of the investment policy shall be presented to any person offering to engage in an investment transaction with an investing entity or to an investment management firm under contract with an investing entity to invest or manage the entity's investment portfolio. For purposes of this subsection, a business organization includes investment pools and an investment management firm under contract with an investing entity to invest or manage the entity's investment portfolio. Nothing in this subsection relieves the investing entity of the responsibility for monitoring the investments made by the investing entity 7 to determine that they are in compliance with the investment policy. The qualified representative of the business organization offering to engage in an investment transaction with an investing entity shall execute a written instrument in a form acceptable to the investing entity and the business organization substantially to the effect that the business organization has: (1) received and reviewed the investment policy of the entity; and (2) acknowledged that the business organization has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the entity and the organization that are not authorized by the entity's investment policy, except to the extent that this authorization is dependent on an analysis of the makeup of the entity's entire portfolio or requires an interpretation of subjective investment standards. (1) The investment officer of an entity may not acquire or otherwise obtain any authorized investment described in the investment policy of the investing entity from a person who has not delivered to the entity the instrument required by Subsection (k). (m) An investing entity other than a state agency, in conjunction with its annual financial audit, shall perform a compliance audit of management controls on investments and adherence to the entity's established investment policies. (n) Except as provided by Subsection (o), at least once every two years a state agency shall arrange for a compliance audit of management controls on investments and adherence to the agency's established investment policies. The compliance audit shall be performed by the agency's internal auditor or by a private auditor employed in the manner provided by Section 321.020. Not later than January 1 of each even - numbered year a state agency shall report the results of the most recent audit performed under this subsection to the state auditor. Subject to a risk assessment and to the legislative audit committee's approval of including a review by the state auditor in the audit plan under Section 321.013, the state auditor may review information provided under this section. If review by the state auditor is approved by the legislative audit committee, the state auditor may, based on its review, require a state agency to also report to the state auditor other information the 8 state auditor determines necessary to assess compliance with laws and policies applicable to state agency investments. A report under this subsection shall be prepared in a manner the state auditor prescribes. (o) The audit requirements of Subsection (n) do not apply to assets of a state agency that are invested by the comptroller under Section 404.024. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 685, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1421, Sec. 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, Sec. 4, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 785, Sec. 41, eff. Sept. 1, 2003. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1004 (H.B. 2226), Sec. 1, eff. June 17, 2011. Sec. 2256.006. STANDARD OF CARE. (a) Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. Investment of funds shall be governed by the following investment objectives, in order of priority: (1) preservation and safety of principal; (2) liquidity; and (3) yield. (b) In determining whether an investment officer has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration: (1) the investment of all funds, or funds under the entity's control, over which the officer had responsibility rather than a consideration as to the prudence of a single investment; and (2) whether the investment decision was consistent with the written investment policy of the entity. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.007. INVESTMENT TRAINING; STATE AGENCY BOARD MEMBERS AND OFFICERS. (a) Each member of the governing board of a state agency and its investment officer shall attend at least one training session relating to the person's responsibilities under this chapter within six months after taking office or assuming duties. (b) The Texas Higher Education Coordinating Board shall provide the training under this section. (c) Training under this section must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance with this chapter. (d) An investment officer shall attend a training session not less than once each state fiscal biennium and may receive training from any independent source approved by the governing body of the state agency. The investment officer shall prepare a report on this subchapter and deliver the report to the governing body of the state agency not later than the 180th day after the last day of each regular session of the legislature. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 73, Sec. 1, eff. May 9, 1997; Acts 1997, 75th Leg., ch. 1421, Sec. 4, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, Sec. 5, eff. Sept. 1, 1999. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1004 (H.B. 2226), Sec. 2, eff. June 17, 2011. This section was amended by the 84th Legislature. Pending publication of the current statutes, see H.B. 870 and H.B. 1148, 84th Legislature, Regular Session, for amendments affecting this section. Sec. 2256.008. INVESTMENT TRAINING; LOCAL GOVERNMENTS. (a) Except as provided by Subsections (b) and (e), the treasurer, the chief financial officer if the treasurer is not the chief financial officer, and the investment officer of a local government shall: (1) attend at least one training session from an independent source approved by the governing body of the local government or a designated investment committee advising the investment officer as provided for in the investment policy of the local government and 10 containing at least 10 hours of instruction relating to the treasurer's or officer's responsibilities under this subchapter within 12 months after taking office or assuming duties; and (2) except as provided by Subsections (b) and (e), attend an investment training session not less than once in a two-year period that begins on the first day of that local government's fiscal year and consists of the two consecutive fiscal years after that date, and receive not less than 10 hours of instruction relating to investment responsibilities under this subchapter from an independent source approved by the governing body of the local government or a designated investment committee advising the investment officer as provided for in the investment policy of the local government. (b) An investing entity created under authority of Section 52(b), Article III, or Section 59, Article XVI, Texas Constitution, that has contracted with an investment management firm under Section 2256.003(b) and has fewer than five full-time employees or an investing entity that has contracted with another investing entity to invest the entity's funds may satisfy the training requirement provided by Subsection (a)(2) by having an officer of the governing body attend four hours of appropriate instruction in a two-year period that begins on the first day of that local government's fiscal year and consists of the two consecutive fiscal years after that date. The treasurer or chief financial officer of an investing entity created under authority of Section 52(b), Article III, or Section 59, Article XVI, Texas Constitution, and that has fewer than five full-time employees is not required to attend training required by this section unless the person is also the investment officer of the entity. (c) Training under this section must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance with this chapter. (d) Not later than December 31 each year, each individual, association, business, organization, governmental entity, or other person that provides training under this section shall report to the comptroller a list of the governmental entities for which the person provided required training under this section during that calendar year. An individual's reporting requirements under this subsection are satisfied by a report of the individual's employer or the sponsoring or organizing entity of a training program or seminar. 11 (e) This section does not apply to a district governed by Chapter 36 or 49, Water Code. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, Sec. 5, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, Sec. 6, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 69, Sec. 4, eff. May 14, 2001. Amended by: Acts 2011, 82nd Leg., R.S., Ch 1004 (H.B. 2226), Sec. 3, eff. June 17, 2011. Sec. 2256.009. AUTHORIZED INVESTMENTS: OBLIGATIONS OF, OR GUARANTEED BY GOVERNMENTAL ENTITIES. (a) Except as provided by Subsection (b), the following are authorized investments under this subchapter: (1) obligations, including letters of credit, of the United States or its agencies and instrumentalities; (2) direct obligations of this state or its agencies and instrumentalities; (3) collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States, the underlying security for which is guaranteed by an agency or instrumentality of the United States; (4) other obligations, the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, this state or the United States or their respective agencies and instrumentalities, including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States; (5) obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality by a nationally recognized investment rating firm not less than A or its equivalent; and (6) bonds issued, assumed, or guaranteed by the State of Israel. (b) The following are not authorized investments under this section: I2 (1) obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal; (2) obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest; (3) collateralized mortgage obligations that have a stated final maturity date of greater than 10 years; and (4) collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1454, Sec. 7, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 558, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1004 (H.B. 2226), Sec. 4, eff. June 17, 2011. Sec. 2256.010. AUTHORIZED INVESTMENTS: CERTIFICATES OF DEPOSIT AND SHARE CERTIFICATES. (a) A certificate of deposit or share certificate is an authorized investment under this subchapter if the certificate is issued by a depository institution that has its main office or a branch office in this state and is: (1) guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or the National Credit Union Share Insurance Fund or its successor; (2) secured by obligations that are described by Section 2256.009(a), including mortgage backed securities directly issued by a federal agency or instrumentality that have a market value of not less than the principal amount of the certificates, but excluding those mortgage backed securities of the nature described by Section 2256.009(b); or (3) secured in any other manner and amount provided by law for deposits of the investing entity. (b) In addition to the authority to invest funds in certificates of deposit under Subsection (a), an investment in certificates of deposit 13 made in accordance with the following conditions is an authorized investment under this subchapter: (1) the funds are invested by an investing entity through: (A) a broker that has its main office or a branch office in this state and is selected from a list adopted by the investing entity as required by Section 2256.025; or (B) a depository institution that has its main office or a branch office in this state and that is selected by the investing entity; (2) the broker or the depository institution selected by the investing entity under Subdivision (1) arranges for the deposit of the funds in certificates of deposit in one or more federally insured depository institutions, wherever located, for the account of the investing entity; (3) the full amount of the principal and accrued each of the certificates of deposit is insured by the United instrumentality of the United States; and (4) the investing entity appoints the depository interest of States or an institution selected by the investing entity under Subdivision (1), an entity described by Section 2257.041(d), or a clearing broker-dealer registered with the Securities and Exchange Commission and operating pursuant to Securities and Exchange Commission Rule 15c3-3 (17 C.F.R. Section 240.15c3-3) as custodian for the investing entity with respect to the certificates of deposit issued for the account of the investing entity. Amended by Acts 1995, 74th Leg., ch. 32, Sec. 1, eff. April 28, 1995; Acts 1995, 74th Leg., ch. 75th Leg., ch. 1421, Sec. Amended by: Acts 2005, 79th Leg., Ch. 128 2005. Acts 2011, 17, 2011. 402, Sec. 1, eff. Sept. 6, eff. Sept. 1, 1997. 82nd Leg., 1, 1995; Acts 1997, (H.B. 256), Sec. 1, eff. September 1, R.S., Ch. 1004 (H.B. 2226), Sec. 5, eff. June Sec. 2256.011. AUTHORIZED INVESTMENTS: REPURCHASE AGREEMENTS. (a) A fully collateralized repurchase agreement is an authorized investment under this subchapter if the repurchase agreement: (1) has a defined termination date; 14 (2) is secured by a combination of cash and obligations described by Section 2256.009(a)(1); and (3) requires the securities being purchased by the entity or cash held by the entity to be pledged to the entity, held in the entity's name, and deposited at the time the investment is made with the entity or with a third party selected and approved by the entity; and (4) is placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in this state. (b) In this section, "repurchase agreement" means a simultaneous agreement to buy, hold for a specified time, and sell back at a future date obligations described by Section 2256.009(a)(1), at a market value at the time the funds are disbursed of not less than the principal amount of the funds disbursed. The term includes a direct security repurchase agreement and a reverse security repurchase agreement. (c) Notwithstanding any other law, the term of any reverse security repurchase agreement may not exceed 90 days after the date the reverse security repurchase agreement is delivered. (d) Money received by an entity under the terms of a reverse security repurchase agreement shall be used to acquire additional authorized investments, but the term of the authorized investments acquired must mature not later than the expiration date stated in the reverse security repurchase agreement. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1004 (H.B. 2226), Sec. 6, eff. June 17, 2011. Sec. 2256.0115. AUTHORIZED INVESTMENTS: SECURITIES LENDING PROGRAM. (a) A securities lending program is an authorized investment under this subchapter if it meets the conditions provided by this section. (b) To qualify as an authorized investment under this subchapter: (1) the value of securities loaned under the program must be not less than 100 percent collateralized, including accrued income; (2) a loan made under the program must allow for termination at any time; 15 (3) a loan made under the program must be secured by: (A) pledged securities described by Section 2256.009; (B) pledged irrevocable letters of credit issued by a bank that is: (i) organized and existing under the laws of the United States or any other state; and (ii) continuously rated by at least one nationally recognized investment rating firm at not less than A or its equivalent; or (C) cash invested in accordance with Section: (i) 2256.009; (ii) 2256.013; (iii) 2256.014; or (iv) 2256.016; (4) the terms of a loan made under the program must require that the securities being held as collateral be: (A) pledged to the investing entity; (B) held in the investing entity's name; and (C) deposited at the time the investment is made with the entity or with a third party selected by or approved by the investing entity; (5) a loan made under the program must be placed through: (A) a primary government securities dealer, as defined by 5 C.F.R. Section 6801.102(f), as that regulation existed on September 1, 2003; or (B) a financial institution doing business in this state; and (6) an agreement to lend securities that is executed under this section must have a term of one year or less. Added by Acts 2003, 78th Leg., ch. 1227, Sec. 1, eff. Sept. 1, 2003. Sec. 2256.012. AUTHORIZED INVESTMENTS: BANKER'S ACCEPTANCES. A bankers' acceptance is an authorized investment under this subchapter if the bankers' acceptance: (1) has a stated maturity of 270 days or fewer from the date of its issuance; 16 (2) will be, in accordance with its terms, liquidated in full at maturity; (3) is eligible for collateral for borrowing from a Federal Reserve Bank; and (4) is accepted by a bank organized and existing under the laws of the United States or any state, if the short-term obligations of the bank, or of a bank holding company of which the bank is the largest subsidiary, are rated not less than A-1 or P-1 or an equivalent rating by at least one nationally recognized credit rating agency. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.013. AUTHORIZED INVESTMENTS: COMMERCIAL PAPER. Commercial paper is an authorized investment under this subchapter if the commercial paper: (1) has a stated maturity of 270 days or fewer from the date of its issuance; and (2) is rated not less than A-1 or P-1 or an equivalent rating by at least: (A) two nationally recognized credit rating agencies; or (B) one nationally recognized credit rating agency and is fully secured by an irrevocable letter of credit issued by a bank organized and existing under the laws of the United States or any state. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.014. AUTHORIZED INVESTMENTS: MUTUAL FUNDS. (a) A no- load money market mutual fund is an authorized investment under this subchapter if the mutual fund: (1) is registered with and regulated by the Securities and Exchange Commission; (2) provides the investing entity with a prospectus and other information required by the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) or the Investment Company Act of 1940 (15 U.S.C. Section 80a-1 et seq.); (3) has a dollar -weighted average stated maturity of 90 days or fewer; and 17 (4) includes in its investment objectives the maintenance of a stable net asset value of $1 for each share. (b) In addition to a no-load money market mutual fund permitted as an authorized investment in Subsection (a), a no-load mutual fund is an authorized investment under this subchapter if the mutual fund: (1) is registered with the Securities and Exchange Commission; (2) has an average weighted maturity of less than two years; (3) is invested exclusively in obligations approved by this subchapter; (4) is continuously rated as to investment quality by at least one nationally recognized investment rating firm of not less than AAA or its equivalent; and (5) conforms to the requirements set forth in Sections 2256.016(b) and (c) relating to the eligibility of investment pools to receive and invest funds of investing entities. (c) An entity is not authorized by this section to: (1) invest in the aggregate more than 15 percent of its monthly average fund balance, excluding bond proceeds and reserves and other funds held for debt service, in mutual funds described in Subsection (b); (2) invest any portion of bond proceeds, reserves and funds held for debt service, in mutual funds described in Subsection (b); or (3) invest its funds or funds under its control, including bond proceeds and reserves and other funds held for debt service, in any one mutual fund described in Subsection (a) or (b) in an amount that exceeds 10 percent of the total assets of the mutual fund. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, Sec. 7, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, Sec. 8, eff. Sept. 1, 1999. Sec. 2256.015. AUTHORIZED INVESTMENTS: GUARANTEED INVESTMENT CONTRACTS. (a) A guaranteed investment contract is an authorized investment for bond proceeds under this subchapter if the guaranteed investment contract: (1) has a defined termination date; (2) is secured by obligations described by Section 2256.009(a)(1), excluding those obligations described by Section 18 2256.009(b), in an amount at least equal to the amount of bond proceeds invested under the contract; and (3) is pledged to the entity and deposited with the entity or with a third party selected and approved by the entity. (b) Bond proceeds, other than bond proceeds representing reserves and funds maintained for debt service purposes, may not be invested under this subchapter in a guaranteed investment contract with a term of longer than five years from the date of issuance of the bonds. (c) To be eligible as an authorized investment: (1) the governing body of the entity must specifically authorize guaranteed investment contracts as an eligible investment in the order, ordinance, or resolution authorizing the issuance of bonds; (2) the entity must receive bids from at least three separate providers with no material financial interest in the bonds from which proceeds were received; (3) the entity must purchase the highest yielding guaranteed investment contract for which a qualifying bid is received; (4) the price of the guaranteed investment contract must take into account the reasonably expected drawdown schedule for the bond proceeds to be invested; and (5) the provider must certify the administrative costs reasonably expected to be paid to third parties in connection with the guaranteed investment contract. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, Sec. 8, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, Sec. 9, 10, eff. Sept. 1, 1999. Sec. 2256.016. AUTHORIZED INVESTMENTS: INVESTMENT POOLS. (a) An entity may invest its funds and funds under its control through an eligible investment pool if the governing body of the entity by rule, order, ordinance, or resolution, as appropriate, authorizes investment in the particular pool. An investment pool shall invest the funds it receives from entities in authorized investments permitted by this subchapter. An investment pool may invest its funds in money market mutual funds to the extent permitted by and consistent with this 19 subchapter and the investment policies and objectives adopted by the investment pool. (b) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity an offering circular or other similar disclosure instrument that contains, at a minimum, the following information: (1) the types of investments in which money is allowed to be invested; (2) the maximum average dollar -weighted maturity allowed, based on the stated maturity date, of the pool; (3) the maximum stated maturity date any investment security within the portfolio has; (4) the objectives of the pool; (5) the size of the pool; (6) the names of the members of the advisory board of the pool and the dates their terms expire; (7) the custodian bank that will safekeep the pool's assets; (8) whether the intent of the pool is to maintain a net asset value of one dollar and the risk of market price fluctuation; (9) whether the only source of payment is the assets of the pool at market value or whether there is a secondary source of payment, such as insurance or guarantees, and a description of the secondary source of payment; (10) the name and address of the independent auditor of the pool; (11) the requirements to be satisfied for an entity to deposit funds in and withdraw funds from the pool and any deadlines or other operating policies required for the entity to invest funds in and withdraw funds from the pool; and (12) the performance history of the pool, including yield, average dollar -weighted maturities, and expense ratios. (c) To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity: (1) investment transaction confirmations; and 20 (2) a monthly report that contains, at a minimum, the following information: (A) the types and percentage breakdown of securities in which the pool is invested; (B) the current average dollar -weighted maturity, based on the stated maturity date, of the pool; (C) the current percentage of the pool's portfolio in investments that have stated maturities of more than one year; (D) the book value versus the market value of the pool's portfolio, using amortized cost valuation; (E) the size of the pool; (E) the number of participants in the pool; (G) the custodian bank that is safekeeping the assets of the pool; (H) a listing of daily transaction activity of the entity participating in the pool; (I) the yield and expense ratio of the pool, including a statement regarding how yield is calculated; (J) the portfolio managers of the pool; and (K) any changes or addenda to the offering circular. (d) An entity by contract may delegate to an investment pool the authority to hold legal title as custodian of investments purchased with its local funds (e) In this section, "yield" shall be calculated in accordance with regulations governing the registration of open-end management investment companies under the Investment Company Act of 1940, as promulgated from time to time by the federal Securities and Exchange Commission. (f) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, a public funds investment pool created to function as a money market mutual fund must mark its portfolio to market daily, and, to the extent reasonably possible, stabilize at a $1 net asset value. If the ratio of the market value of the portfolio divided by the book value of the portfolio is less than 0.995 or greater than 1.005, portfolio holdings shall be sold as necessary to maintain the ratio between 0.995 and 1.005. In addition to the requirements of its investment policy and any other forms of reporting, a public funds investment pool created to function as a money market mutual fund shall 21 report yield to its investors in accordance with regulations of the federal Securities and Exchange Commission applicable to reporting by money market funds. (g) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, a public funds investment pool must have an advisory board composed: (1) equally of participants in the pool and other persons who do not have a business relationship with the pool and are qualified to advise the pool, for a public funds investment pool created under Chapter 791 and managed by a state agency; or (2) of participants in the pool and other persons who do not have a business relationship with the pool and are qualified to advise the pool, for other investment pools. (h) To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must be continuously rated no lower than AAA or AAA -m or at an equivalent rating by at least one nationally recognized rating service. (i) If the investment pool operates an Internet website, the information in a disclosure instrument or report described in Subsections (b), (c)(2), and (f) must be posted on the website. (j) To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must make available to the entity an annual audited financial statement of the investment pool in which the entity has funds invested. (k) If an investment pool offers fee breakpoints based on fund balances invested, the investment pool in advertising investment rates must include either all levels of return based on the breakpoints provided or state the lowest possible level of return based on the smallest level of funds invested. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, Sec. 9, eff. Sept. 1, 1997. Amended by: Acts 2011, 82nd Leg., R.S., Ch 1004 (H.B. 2226), Sec. 7, eff. June 17, 2011. f Sec. 2256.017. EXISTING INVESTMENTS. An entity is not required to liquidate investments that were authorized investments at the time of purchase. Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.46(a), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1421, Sec. 10, eff. Sept. 1, 1997. Sec. 2256.019. RATING OF CERTAIN INVESTMENT POOLS. A public funds investment pool must be continuously rated no lower than AAA or AAA -m or at an equivalent rating by at least one nationally recognized rating service. Added by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1421, Sec. 11, eff. Sept. 1, 1997. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1004 (H.$. 2226), Sec. 8, eff. June 17, 2011. Sec. 2256.020. AUTHORIZED INVESTMENTS: INSTITUTIONS OF HIGHER EDUCATION. In addition to the authorized investments permitted by this subchapter, an institution of higher education may purchase, sell, and invest its funds and funds under its control in the following: (1) cash management and fixed income funds sponsored by organizations exempt from federal income taxation under Section 501(f), Internal Revenue Code of 1986 (26 U.S.C. Section 501(f)); (2) negotiable certificates of deposit issued by a bank that has a certificate of deposit rating of at least 1 or the equivalent by a nationally recognized credit rating agency or that is associated with a holding company having a commercial paper rating of at least A-1, P-1, or the equivalent by a nationally recognized credit rating agency; and (3) corporate bonds, debentures, or similar debt obligations rated by a nationally recognized investment rating firm in one of the two highest long-term rating categories, without regard to gradations within those categories. Added by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. 23 Sec. 2256.0201. AUTHORIZED INVESTMENTS; MUNICIPAL UTILITY. (a) A municipality that owns a municipal electric utility that is engaged in the distribution and sale of electric energy or natural gas to the public may enter into a hedging contract and related security and insurance agreements in relation to fuel oil, natural gas, coal, nuclear fuel, and electric energy to protect against loss due to price fluctuations. A hedging transaction must comply with the regulations of the Commodity Futures Trading Commission and the Securities and Exchange Commission. If there is a conflict between the municipal charter of the municipality and this chapter, this chapter prevails. (b) A payment by a municipally owned electric or gas utility under a hedging contract or related agreement in relation to fuel supplies or fuel reserves is a fuel expense, and the utility may credit any amounts it receives under the contract or agreement against fuel expenses. (c) The governing body of a municipally owned electric or gas utility or the body vested with power to manage and operate the municipally owned electric or gas utility may set policy regarding hedging transactions. (d) In this section, "hedging" means the buying and selling of fuel oil, natural gas, coal, nuclear fuel, and electric energy futures or options or similar contracts on those commodities and related transportation costs as a protection against loss due to price fluctuation. Added by Acts 1999, 76th Leg., ch. 405, Sec. 48, eff. Sept. 1, 1999. Amended by: Acts 2007, 80th Leg., R.S., Ch. 7 (S.B. 495), Sec. 1, eff. April 13, 2007. Sec. 2256.0202. AUTHORIZED INVESTMENTS: MUNICIPAL FUNDS FROM MANAGEMENT AND DEVELOPMENT OF MINERAL RIGHTS. (a) In addition to other investments authorized under this subchapter, a municipality may invest funds received by the municipality from a lease or contract for the management and development of land owned by the municipality and leased for oil, gas, or other mineral development in any investment authorized to be made by a trustee under Subtitle B, Title 9, Property Code (Texas Trust Code). 24 (b) Funds invested by a municipality under this section shall be segregated and accounted for separately from other funds of the municipality. Added by Acts 2009, 81st Leg., R.S., Ch. 1371 (S.B. 894), Sec. 1, eff. September 1, 2009. Sec. 2256.0203. AUTHORIZED INVESTMENTS: PORTS AND NAVIGATION DISTRICTS. (a) In this section, "district" means a navigation district organized under Section 52, Article III, or Section 59, Article XVI, Texas Constitution. (b) In addition to the authorized investments permitted by this subchapter, a port or district may purchase, sell, and invest its funds and funds under its control in negotiable certificates of deposit issued by a bank that has a certificate of deposit rating of at least 1 or the equivalent by a nationally recognized credit rating agency or that is associated with a holding company having a commercial paper rating of at least A-1, P-1, or the equivalent by a nationally recognized credit rating agency. Added by Acts 2011, 82nd Leg., R.S., Ch. 804 (H.B. 2346), Sec. 1, eff. September 1, 2011. Sec. 2256.0204. AUTHORIZED INVESTMENTS: INDEPENDENT SCHOOL DISTRICTS. (a) In this section, "corporate bond" means a senior secured debt obligation issued by a domestic business entity and rated not lower than "AA-" or the equivalent by a nationally recognized investment rating firm. The term does not include a debt obligation that: (1) on conversion, would result in the holder becoming a stockholder or shareholder in the entity, or any affiliate or subsidiary of the entity, that issued the debt obligation; or (2) is an unsecured debt obligation. (b) This section applies only to an independent school district that qualifies as an issuer as defined by Section 1371.001. (c) In addition to authorized investments permitted by this subchapter, an independent school district subject to this section may purchase, sell, and invest its funds and funds under its control in 25 corporate bonds that, at the time of purchase, are rated by a nationally recognized investment rating firm "AA-" or the equivalent and have a stated final maturity that is not later than the third anniversary of the date the corporate bonds were purchased. (d) An independent school district subject to this section is not authorized by this section to: (1) invest in the aggregate more than 15 percent of its monthly average fund balance, excluding bond proceeds, reserves, and other funds held for the payment of debt service, in corporate bonds; or (2) invest more than 25 percent of the funds invested in corporate bonds in any one domestic business entity, including subsidiaries and affiliates of the entity. (e) An independent school district subject to this section may purchase, sell, and invest its funds and funds under its control in corporate bonds if the governing body of the district: (1) amends its investment policy to authorize corporate bonds as an eligible investment; (2) adopts procedures to provide for: (A) monitoring rating changes in corporate bonds acquired with public funds; and (B) liquidating the investment in corporate bonds; and (3) identifies the funds eligible to be invested in corporate bonds. (f) The investment officer of an independent school district, acting on behalf of the district, shall sell corporate bonds in which the district has invested its funds not later than the seventh day after the date a nationally recognized investment rating firm: (1) issues a release that places the corporate bonds or the domestic business entity that issued the corporate bonds on negative credit watch or the equivalent, if the corporate bonds are rated "AA-" or the equivalent at the time the release is issued; or (2) changes the rating on the corporate bonds to a rating lower than "AA-" or the equivalent. (g) Corporate bonds are not an eligible investment for a public funds investment pool. Added by Acts 2011, 82nd Leg., R.S., Ch. 1347 (S.B. 1543), Sec. 1, eff. June 17, 2011. 26 Sec. 2256.0205. AUTHORIZED INVESTMENTS; DECOMMISSIONING TRUST. (a) In this section: (1) "Decommissioning trust" means a trust created to provide The Nuclear Regulatory Commission assurance that funds will be available for decommissioning purposes as required under 10 C.F.R. Part 50 or other similar regulation. (2) "Funds" includes any money held in a decommissioning trust regardless of whether the money is considered to be public funds under this subchapter. (b) In addition to other investments authorized under this subchapter, a municipality that owns a municipal electric utility that is engaged in the distribution and sale of electric energy or natural gas to the public may invest funds held in a decommissioning trust in any investment authorized by Subtitle B, Title 9, Property Code. Added by Acts 2005, 79th Leg., Ch. 121 (S.B. 1464), Sec. 1, eff. September 1, 2005. Sec. 2256.021. EFFECT OF LOSS OF REQUIRED RATING. An investment that requires a minimum rating under this subchapter does not qualify as an authorized investment during the period the investment does not have the minimum rating. An entity shall take all prudent measures that are consistent with its investment policy to liquidate an investment that does not have the minimum rating. Added by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.022. EXPANSION OF INVESTMENT AUTHORITY. Expansion of investment authority granted by this chapter shall require a risk assessment by the state auditor or performed at the direction of the state auditor, subject to the legislative audit committee's approval of including the review in the audit plan under Section 321.013. Added by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 785, Sec. 42, eff. Sept. 1, 2003. 27 Sec. 2256.023. INTERNAL MANAGEMENT REPORTS. (a) Not less than quarterly, the investment officer shall prepare and submit to the governing body of the entity a written report of investment transactions for all funds covered by this chapter for the preceding reporting period. (b) The report must: (1) describe in detail the investment position of the entity on the date of the report; (2) be prepared jointly by all investment officers of the entity; (3) be signed by each investment officer of the entity; (4) contain a summary statement of each pooled fund group that states the: (A) beginning market value for the reporting period; (B) ending market value for the period; and (C) fully accrued interest for the reporting period; (5) state the book value and market value of each separately invested asset at the end of the reporting period by the type of asset and fund type invested; (6) state the maturity date of each separately invested asset that has a maturity date; (7) state the account or fund or pooled group fund in the state agency or local government for which each individual investment was acquired; and (8) state the compliance of the investment portfolio of the state agency or local government as it relates to: (A) the investment strategy expressed in the agency's or local government's investment policy; and (B) relevant provisions of this chapter. (c) The report shall be presented not less than quarterly to the governing body and the chief executive officer of the entity within a reasonable time after the end of the period. (d) If an entity invests in other than money market mutual funds, investment pools or accounts offered by its depository bank in the form of certificates of deposit, or money market accounts or similar accounts, the reports prepared by the investment officers under this section shall be formally reviewed at least annually by an independent auditor, and the 28 result of the review shall be reported to the governing body by that auditor. Added by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1421, Sec. 12, eff. Sept. 1, 1997. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1004 (H.B. 2226), Sec. 9, eff. June 17, 2011. Sec. 2256.024. SUBCHAPTER CUMULATIVE. (a) The authority granted by this subchapter is in addition to that granted by other law. Except as provided by Subsection (b), this subchapter does not: (1) prohibit an investment specifically authorized by other law; or (2) authorize an investment specifically prohibited by other law. (b) Except with respect to those investing entities described in Subsection (c), a security described in Section 2256.009(b) is not an authorized investment for a state agency, a local government, or another investing entity, notwithstanding any other provision of this chapter or other law to the contrary. (c) Mortgage pass-through certificates and individual mortgage loans that may constitute an investment described in Section 2256.009(b) are authorized investments with respect to the housing bond programs operated by: (1) the Texas Department of Housing and Community Affairs or a nonprofit corporation created to act on its behalf; (2) an entity created under Chapter 392, Local Government Code; or (3) an entity created under Chapter 394, Local Government Code. Added by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.025. SELECTION OF AUTHORIZED BROKERS. The governing body of an entity subject to this subchapter or the designated investment committee of the entity shall, at least annually, review, revise, and 29 adopt a list of qualified brokers that are authorized to engage in investment transactions with the entity. Added by Acts 1997, 75th Leg., ch. 1421, Sec. 13, eff. Sept. 1, 1997. Sec. 2256.026. STATUTORY COMPLIANCE. All investments made by entities must comply with this subchapter and all federal, state, and local statutes, rules, or regulations. Added by Acts 1997, 75th Leg., ch. 1421, Sec. 13, eff. Sept. 1, 1997. SUBCHAPTER B. MISCELLANEOUS PROVISIONS Sec. 2256.051. ELECTRONIC FUNDS TRANSFER. Any local government may use electronic means to transfer or invest all funds collected or controlled by the local government. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.052. PRIVATE AUDITOR. Notwithstanding any other law, a state agency shall employ a private auditor if authorized by the legislative audit committee either on the committee's initiative or on request of the governing body of the agency. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.053. PAYMENT FOR SECURITIES PURCHASED BY STATE. The comptroller or the disbursing officer of an agency that has the power to invest assets directly may pay for authorized securities purchased from or through a member in good standing of the National Association of Securities Dealers or from or through a national or state bank on receiving an invoice from the seller of the securities showing that the securities have been purchased by the board or agency and that the amount to be paid for the securities is just, due, and unpaid. A purchase of securities may not be made at a price that exceeds the existing market value of the securities. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1423, Sec. 8.67, eff. Sept. 1, 1997. Sec. 2256.054. DELIVERY OF SECURITIES PURCHASED BY STATE. A security purchased under this chapter may be delivered to the comptroller, a bank, or the board or agency investing its funds. The delivery shall be made under normal and recognized practices in the securities and banking industries, including the book entry procedure of the Federal Reserve Bank. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1423, Sec. 8.68, eff. Sept. 1, 1997. Sec. 2256.055. DEPOSIT OF SECURITIES PURCHASED BY STATE. At the direction of the comptroller or the agency, a security purchased under this chapter may be deposited in trust with a bank or federal reserve bank or branch designated by the comptroller, whether in or outside the state. The deposit shall be held in the entity's name as evidenced by a trust receipt of the bank with which the securities are deposited. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1423, Sec. 8.69, eff. Sept. 1, 1997. 31 APPENDIX B Code of Ethics ARTICLE V. - CODE OF ETHICS'"' DIVISION 1. - RULES OF CONDUCT Sec. 2-310. - Preamble. The purpose of this code of ethics is to promote public trust by establishing rules of conduct for city council members, board members, and employees; by providing a fair process for receiving and adjudicating complaints; and by requiring periodic financial disclosure. The rules of conduct form the basis for possible sanctions, and are therefore intended to clearly define proper conduct so that those who must comply may understand the rules and carry out their responsibilities consistently with the rules. It is recognized that situations with ethical implications will arise outside the prohibitions of the rules; in such situations, council members, board members, and employees are encouraged to keep in mind the ideal of the public trust and to conduct themselves in a manner to avoid the appearance of impropriety even where not compelled by the rules. if a council member believes that he/she should abstain from voting on an item to avoid the appearance of impropriety, as encouraged by this code of ethics Ordinance, or who in discussing or voting on an issue is unable to take an unbiased position, that council member shall be disqualified from discussions about and subsequent voting for that item under this city ordinance. The city recognizes that city council members are also members of the society and, therefore, cannot and should not be without any personal and economic interest in the decisions and policies of government; that city council members retain their rights as citizens to interests of a personal or economic nature and their rights to publicly express their views on matters of general public interest. It is not the intent of this ordinance to diminish the rights of city council members as citizens of the community. However, city council members may not use their positions in dealing with the city manager or city employees to advance their personal economic interest, their families' economic interest, or the entities in which they have a substantial interest. (Ord. No. 23772, § 1, 9-21-1999; Ord. No. 028170, § 1, 5-12-2009; Ord. No. 028271, § 2, 8-18-2009; Ord. No. 029428, § 1, 3-27-2012) • Sec. 2-311. - Standards. The following rules of conduct apply to all council members, board members, and employees: Special privileges. (1) You shall not use your office for private advancement or gain or to secure special privileges or exemptions for yourself or others. (2) You shall not grant any special consideration, treatment or advantage to any person or group beyond that which is available to others generally. (3)(a)You shall not use city facilities, personnel, equipment or supplies for purposes unrelated to the interests of the city, except to the extent such are lawfully available to the public. Notwithstanding the foregoing sentence, Corpus Christi police officers, airport public safety officers and municipal court marshals may wear their city -issued uniforms, badges, and other uniform attire, may use their city - issued radios, and may carry their city -issued weapons, on approved off-duty law enforcement employment; and Corpus Christi fire fighters may wear their city -issued uniforms, badges, and other uniform attire, and use their city -issued radios on approved off-duty fire watch employment. (b) You may not spend or authorize the spending of public funds for political advertising. This prohibition does not apply to a communication that factually describes the purposes of a measure if the communication does not advocate passage or defeat of the measure. This paragraph shall be construed consistently with Texas Election Code Section 255.003. 1 (4) Unless you are a council member, you shall not use the prestige of your position with the city on behalf of any political party or cause. (5) You shall maintain appropriate relationships with other officials, employees, customers, defendants, and individuals receiving services from you or your organizational unit, and shall not use your position to engage in any inappropriate personal relationships. Gifts: (6) You shall not accept or solicit any money, property, service or other thing of value by way of gift, favor, loan or otherwise that might reasonably tend to influence you in the discharge of your official duties or which you know or should have known was offered with the intent to influence or reward your official conduct. (6)(a)Special applications. Subsection 2-311(5) does not include: (1) A gift to a city official or employee relating to a special occasion, such as a wedding, anniversary, graduation, birth, illness, death, or holiday, provided that the value of the gift is fairly commensurate with the occasion and the relationship between the donor and recipient; (2) Advancement for or reimbursement of reasonable expenses for travel in connection with official duties provided by third parties must be disclosed in the travel report; payment for or reimbursement of expenses for travel in excess of authorized rates under city policy will be treated as a personal gift to the official or employee for any applicable reporting requirement; (3) A public award or reward for meritorious service or professional achievement, provided that the award or reward is reasonable in light of the occasion and it is not prohibited under Texas Penal Code Section 36.08 (Gift to Public Servant by Person Subject to His Jurisdiction); (4) A loan from a lending institution made in its regular course of business on the same terms generally available to the public; (5) A scholarship or fellowship awarded on the same terms and based on the same criteria that are applied to other applicants; (6) Any solicitation for civic or charitable causes; (7) Admission to an event in which the city official or employee is participating in connection with his or her spouse's position; (8) Ceremonial and protocol gifts presented to city officials from a foreign government or international or multinational organization and accepted for the City of Corpus Christi; (9) Admission to a widely attended event, such as a convention, conference, symposium, forum, panel discussion, dinner, viewing, reception or similar event, offered by the sponsor of the event, and unsolicited by the city official or employee, if attending or participating in an official capacity, including: (A) the official or employee participates in the event as a speaker or panel participant by presenting information related to matters before the city; or (B) the official or employee performs a ceremonial function appropriate to that individual's position with the city; or (C) attendance at the event is appropriate to the performance of the official duties or representative function of the official or employee; (10) Admission to a charity event provided by the sponsor of the event, where the offer is unsolicited by the city official or employee; (11) Admission to training or education program or other program, including meals and refreshments furnished to all attendees, if such training is related to the official or employee's official duties and the training is in the interest of the city. (7) In the event you receive any gift or loan of property or services on behalf of the city, you shall promptly deliver such gift or loan to the city manager for official acceptance and inventory of the city. Conflicts of interest: 2 (8)(A) If a contract or business transaction involving the city, in which you or one of your relatives have a conflict of interest or potential conflict of interest comes before you in the performance of your official duties, you shall take the following actions: (i) Immediately make a written disclosure of your interest in the matter to the city secretary and city manager. (ii) Abstain from any vote or decision. (iii) Not participate in any discussion on the matter with members of the council, the city manager, or city employees. (13) You may not use your position to influence the action of a city official or employee in the performance of their duties related to a contract or business transaction in which you or one of your relatives have a conflict of interest or potential conflict of interest. (C) If you were initially not aware that you or a relative has a conflict or potential conflict of interest, you must comply with (7)(A) as soon as you become aware that you have or should have been aware that you have the conflict or potential conflict of interest. (D) However, you may apply for city services or discuss your personal interest with a city representative on behalf of your own interest if you notify the city secretary and city manager in writing that you have a personal interest in a matter that requires action by the city, and that you are acting strictly in your private capacity, and not as a member of the city council or board or as a city employee and you advise any member of the city council, city board or commission, or any city employee you are dealing with that you are appearing only in your private capacity. (9) You shall not engage in any outside activities or employment which will conflict or be incompatible with the full and proper discharge of your official duties, impair your independent judgment in the performance of your duties, or reflect discredit upon the city. (10) You shall not represent any other private person, or group or interest in any action or proceeding against or adverse to the interest of the city or in any litigation in which the city is a party. (1 1) You shall not represent any other private person or group in any action or proceeding in the municipal courts of the city which was instituted by city officers or employees in the course of their official duties. (12) You shall not receive any fee or compensation for your official services from any source other than the city except as may be provided by law or authorized by the city council. Actions adrence to the city: (13) You shall not disclose information that could adversely affect the property or affairs of the city, except as required by law. (14) You shall not knowingly perform or refuse to perform any act in order to deliberately thwart the execution of federal, state or local laws or regulations or the achievement of any official city programs. (1 5) You shall not engage in any felony crime, misdemeanor involving moral turpitude, or other conduct that reflects discredit on the city. Provisions for council members: (16) As a city council member, individually, you shall not have a substantial interest in any contract with the City of Corpus Christi. (17) In order to preserve and promote independent advice and decisions from city boards and the integrity of the independent board process as a council member, you shall not speak before any city board, commission or committee except on behalf of your own financial interest; in which case, you shall publicly state the nature of your financial interest and that you are appearing only in your private capacity. (18) As a council member, you shall not give any orders to any employee except through the city manager as provided by the City Charter. 3 (19) As a council member, you shall not participate in the process for the appointment of or the confirmation of the appointment of a member to a board, commission or committee of the city, or to the governing body of an independent entity all or part of whose members are appointed by the city council, after you are aware that an individual seeking, being promoted for, or being considered for the position: (1) ls related to you within a degree described by Section 573.002, Texas Government Code; (2) ls your employer; (3) is a director or officer of a business entity (as defined in Section 171.001, Texas Local Government Code) which is your employer; or (4) Owns ten (10) per cent or more of the voting stock or shares of a business entity which is your employer. Provisions for hoard members: (20) As a board member, you shall not have a substantial interest in any contract with the city in which your board or commission, or the city department related thereto, has jurisdiction. (21) As a board member, you shall not represent or appear on behalf of the private interest of others before your board, commission or committee, the city council, or any board which has appellate jurisdiction over your board, commission or committee, concerning a matter which is within the subject matter jurisdiction of your board. (This rule does not prohibit you from appearing on behalf of your own financial interest even though others may have the same or a similar interest.) Provisions for emplovees: (22) As an employee you shall not have an interest in any contract with the city. This prohibition does not include any employment contract which may be authorized for the employee, a contract of sale for real property or a contract for services which are available for all citizens. (23) Unless previously recommended by the city manager, and approved by the ethics commission, as an employee, you shall not, within twelve (12) months after leaving city employment, represent any other person or organization in any formal or informal appearance with the city council or any other agency or employee of the city concerning a project for which you had responsibility as an employee. (24) As an employee, you shall not represent or appear on behalf of the private interest of others before the city council or any board, commission or committee of the city. (This rule does not prohibit you from appearing on behalf of your own financial interest even though others may have the same or a similar interest). (25) As an employee, you may not be employed by any business or individual who has business dealings with or for your department, including any work that is subject to review or inspection by your department, even if you do not personally review or inspect the work of the business or individual. (26) As an employee, you may not violate the confidentiality or privacy of an individual, including a juvenile and adult defendants or detainees or juvenile clients being counseled through a city program, unless it is to seek emergency assistance or consultation services from within the city's program or school campus; the individual has threatened to harm themselves or others; or to provide details of any criminal activity or enterprise. (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 20913, § 1, 5-1-1990; Ord. No. 23772, § 2, 9-21-1999; Ord. No. 24613, § 1, 10-9-2001; Ord. No. 025769, § 1, 5-25-2004; Ord. No. 027642, § 1, 4-8-2008; Ord. No. 028170, § 1, 5- 12-2009; Ord. No. 028271, § 2, 8-18-2009; Ord. No. 029428, § 1, 3-27-2012; Ord. No. 029467, § 1, 5-8-2012) • Sec. 2-312. - Definitions. The following definitions apply to the above rules of conduct: Board member: A member of any board, commission or committee of the city, including the board of any corporation created by the city. 4 Conflict of interest: Any interest, reasonable expectation of an economic benefit, substantial interest, or anticipated substantial interest in a matter or business transaction involving the city that could influence an individual's ability to make an impartial decision. 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. 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. Iterest: Any direct or indirect pecuniary or material benefit in a contract or transaction other than: (I) An interest which is shared by and available to all other persons similarly situated; or (2) A remote or incidental interest which would not increase or decrease materially due to the action of the city or is less than two hundred dollars ($200.00) in value; or (3) An interest of a subcontractor which 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 which 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. 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 being treated the same as natural relationships. Substantial interest: Any interest in a business entity if the person or relative owns ten (10) per cent or more of voting stock or shares of the business entity or owns ten (10) per cent or more or five thousand dollars ($5,000.00) or more of the fair market value of the business entity or funds received from the business entity exceeds ten (10) per cent or more of the person's gross income for the previous year. 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 two thousand five hundred dollars ($2,500.00) or more. (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 028170, § 2, 5-12-2009; Ord. No. 028271, § 3, 8-18-2009; Ord. No. 029428, § 1, 3-27-2012) • Sec. 2-313. - Effect of violation. A violation of these rules of conduct shall subject the council member, board member or employee to appropriate disciplinary proceedings, but such violation shall not render the action of the city voidable by the city unless the action would not have been approved without the vote of the person who violated the rules of conduct. (Ord. No. 20781, § 1, 9-19-1989) • Sec. 2-314. - Exceptions to abstention requirement. The requirement that a council member or board member abstain from voting on a matter or participating in discussion as contained in rule 7 of the rules of conduct shall not apply in the following situations, provided that such person has complied with the requirements of written disclosure of the interest: 5 (a) In the event a majority of the members of the council or the board, commission or committee have filed a written disclosure of a conflict of interest on the matter and would be required to abstain; or (b) On the final approval of the budget when the person has abstained from a separate vote taken on the particular budget item pertaining to the conflict of interest and action or that particular item has been resolved. (Ord. No. 20781, § 1, 9-19-1989) Cross reference— Rules of conduct, § 2-311. • Sec. 2-315. - Freedom of expression. Nothing contained in the code of ethics shall abridge the right of any citizen, whether or not a council member, board member or employee, to exercise his or her right of expression under the U.S. or Texas Constitutions. (Ord. No. 20781, § 1, 9-19-1989) • Sec. 2-316. - Lobbyist registration. Subsection A. Persons required to register as lobbyists. (a) A person who engages in lobbying must register with the city secretary if, with respect to any client, the person engages in lobbying activities for compensation. (b) The following persons are not required to register under subsection (a): (1) Media outlets. A person who owns, publishes or is employed by: (A) a newspaper; (B) any other regularly published periodical; (C) a radio station; (D) a television station; (E) a wire service; or (F) any other bona fide news medium that in the ordinary course of business disseminates news, opinions, or paid advertisements that directly or indirectly oppose or promote municipal questions to seek to influence official action relating thereto, if the person does not engage in other activities that require registration under Part E. This subsection does not exempt the news media or a person whose relation to the news media is only incidental to a lobbying effort or if a position taken or advocated by a media outlet directly impacts, affects, or seeks to influence a municipal question in which the media outlet has a direct or indirect economic interest. (2) Mobilizing entity constituents. A person whose only lobbying activity is to encourage or solicit the members, employees, or owners (including shareholders) of an entity by whom the person is compensated to communicate directly with one or more city officials to influence municipal questions. This exception is intended to apply to neighborhood and other similar not-for-profit organizations. (3) Governmental entities, Governmental entities and their officers and employees, provided the communications relate solely to subjects of governmental interest concerning the respective governmental bodies and the city. (4) Unknown municipal quevtionv. A person who does not know and has no reason to know that a municipal question is pending at the time of contact with a city official. (5) Dispute resolution. An attorney or other person whose contact with a city official is made solely as part of resolving a dispute with the city, provided that the contact is solely with city officials who do not vote on or have final authority over any municipal question involved and so long as such an 6 attorney complies with Rule 4.02 of the Texas Disciplinary Rules of Professional Conduct, as amended. Subsection B. Definitions. The following words and phrases have the meaning ascribed to them in this section unless the context requires otherwise: (a) City official means the members of the city council, city manager, deputy and assistant city managers, city secretary, city attorney, assistant city attorneys, department heads, municipal court judges, and all members of any board, commission or committee of the city, including the board of any corporation created by the city. (b) Client means any person on whose behalf lobbying is conducted. In the case of a coalition or association that employs or retains other persons to conduct lobbying activities, the client is the coalition or association and not its individual members. (c) Compensation means money, service, facility or other thing of value or financial benefit that is received or is to be received in return for or in connection with services rendered or to be rendered. Compensation does not include a payment made to any individual regularly employed by a person if (1) the payment ordinarily would be made regardless of whether the individual engaged in lobbying activities and (2) lobbying activities are not part of the individual's regular responsibilities to the person making the payment. Compensation does not include the financial gain that a person may realize as a result of the determination of a municipal question, unless that gain is in the form of a contingent fee. (d) Lobby or lobbying means any oral or written communication (including an electronic communication) to a city official, made directly or indirectly by any person in an effort to influence or persuade an official to favor or oppose, recommend or not recommend, vote for or against, or take or refrain from taking action on any municipal question. The term lobby or lobbying does not include a communication: (1) merely requesting information or inquiring about the facts or status of any municipal question, matter, or procedure, and not attempting to influence a city official; (2) made by a public official or employee acting in his or her official capacity; (3) made by a representative of a media organization if the purpose of the communication is gathering and disseminating news and information to the public; (4) made in a speech, article, publication, or other material that is distributed and made available to the public, or through radio, television, cable television, or any other medium of mass communication; (5) made at a meeting open to the public under the Open Meetings Act; (6) made in the form of a written comment fled in the course of a public proceeding or any other communication that is made on the record in a public proceeding; (7) made in writing as a petition for official action and required to be a public record pursuant to established city procedures; (8) made in writing to provide information in response to an oral or written request by a city official for specific information; (9) the content of which is compelled by law; (10) made in response to a public notice soliciting communications from the public and directed to the official specifically designated in the notice to receive such communications; (1 1) made on behalf of an individual with regard to that individual's employment or benefits; (12) made by a fact witness or expert witness at an official proceeding; or (13) made by a person solely on behalf of that individual, his or her spouse, or his or her minor children. 7 (e) Municipal question means a public policy issue of a discretionary nature pending or impending before city council or any board or commission, including but not limited to proposed action, or proposals for action, in the form of ordinances, resolutions, motions, recommendations, reports, regulations, policies, nominations, appointments, sanctions, and bids, including the adoption of specifications, awards, grants, or contracts. The term municipal question does not include the day-to- day application, administration, or execution of city programs and policies. Subsection C. Registration. (a) A registration form shall be completed and filed by a person required to register prior to the commencement of lobbying activity for a client. (b) A separate registration form must be filed for each client. (c) The registration shall be on a form prescribed by the city secretary and shall include, to the extent applicable: (1) the full name, phone number, permanent address, and nature of the business of: (A) the registrant; (B) the client; (C) any lobbying firm for which the registrant is an agent or employee with respect to the client; and (D) each employee or agent of the registrant who has acted or whom the registrant expects to act as a lobbyist on behalf of the client; (2) a statement of all municipal questions on which the registrant will lobby for the client. (d) A registrant shall file an amended registration if the information contained in the current registration changes or is incorrect. (e) A registrant may file a termination of registration when no longer required to register. (Ord. No. 23772, § 3, 9-21-1999) • Secs. 2-317-2-319. - Reserved. APPENDIX C Resolution Approved Resolution WHEREAS, the City of Corpus Christi's Investment Policy and Investment Strategies were adopted pursuant to Resolution No. 022390 on October 24, 1995; WHEREAS, the Texas Public Funds Investment Act requires the governing body to annually review, amend as necessary, and reaffirm its investment policy and investment strategies; WHEREAS, the Investment Policy and Investment Strategies were previously reviewed during fiscal year 2013-2014 and reaffirmed pursuant to Resolution No. 030020 on December 11, 2013; and WHEREAS, the Investment Policy and Investment Strategies were reviewed for fiscal year 2014-2015 on December 11, 2014; require several amendments to clarify and correct certain provisions; and must be annually reaffirmed; therefore, Be it resolved by the City Council of the City of Corpus Christi, Texas, that: Section 1. The City Council has reviewed the City of Corpus Christi's Investment Policy and Investment Strategies for the current fiscal year 2014-2015. A copy of the City of Corpus Christi's Investment Policy, which contains the separate Investment Strategies, is attached to this resolution as Exhibit A and is incorporated by reference into this resolution as if set out here in its entirety. Section 2. The following amendments are made to the Investment Policy and Investment Strategies to correct and clarify certain provisions: (a) Cover Page: the date is amended to reflect the date of reaffirmation; (b) Page i, Table of Contents, Appendix A: the word "Texas" is added preceding "Public Funds Investment Act"; (c) Page i, Table of Contents, Appendix B: the title of the appendix is changed from "City's Code of Ethics Ordinance" to "Code of Ethics"; (d) Page 2, section III, entitled "Definitions": the definition of "Authorized City Representatives" is changed by deleting "officers" and replacing with "Officers" and by deleting "Deputy Director of Financial Services" and replacing with "Assistant Director of Financial Services"; (e) Page 2, section III, entitled "Definitions": the definition of "Director of Financial Services" is changed by deleting "Deputy Director of Financial Services" from the definition and replacing with "Assistant Director of Financial Services"; (f) Page 12, section VII, entitled "Designation of Responsibility", subpart A, entitled "Investment Committee", is changed by deleting the reference to "Deputy Director of Financial Services" in the paragraph and replacing it with "Assistant Director of Financial Services"; (g) Page 13, section VII, entitled "Designation of Responsibility", subpart C, entitled "Investment Advisor" is changed by deleting the word "A" in the second sentence of the paragraph, to read as follows: The initial contract made under authority of this subsection may not be for a term longer than two years."; and (h) Page 15, section XI, entitled "Collateralization", subpart A, entitled "Pledged Collateral for Time and Demand Deposits" is changed by deleting the first sentence of the second paragraph, which reads "The market value of pledged collateral for time and demand deposits Collateral must be at least 102% of the principal plus accrued interest", and replacing with the following sentence: "The market value of pledged collateral for time and demand deposits must be at least 102% of the principal plus accrued interest." Section 3. As amended by Section 2 of this resolution, the City Council reaffirms the City of Corpus Christi's Investment Policy and Investment Strategies for the current fiscal year 2014-2015 and continues the policy and strategies in full force and effect. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Nelda Martinez, Mayor Corpus Christi, Texas of , 20 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 APPENDIX D Legal Defense and Indemnification of City officers and Employees APPENDIX D Corpus Christi Code of Ordinances Chapter 39 Personnel Article I In General Sec. 39-14. - Legal defense and indemnification of city officers and employees. (a) Definitions. For the purposes of this section the term "officer" shall include any elected or appointed official of the city; and the term "employee" shall include all employees of the city, whether under civil service or not, including firemen and policemen, and shall include authorized volunteers, working under a volunteer program approved by the city manager. (b) Indemnification. Any officer or employee who is liable for the payment of any claims or damages arising out of the course and scope of employment shall be entitled to indemnification by the city provided that the acts or omissions resulting in such liability were done in good faith and without malicious or felonious intent. For the purposes of this section, the term "arising out of the course and scope of employment" shall not include any action which occurs during a period of time in which the officer or employee is engaged in outside employment or is rendering contractual services to someone other than the city. Whether the acts were done in good faith, without malicious or felonious intent, and within the course and scope of employment shall be determined by the city, and such determination shall be final for the purposes of the representation and indemnity of this section; provided, however, that in the event such representation and indemnity have been denied by the city, if upon a trial on the merits the city determines that the officer or employee was acting in good faith, without malicious or felonious intent and within the scope of employment the indemnification hereunder shall be granted and reasonable legal expenses incurred in the defense of the claim reimbursed. The city shall not be liable for any settlement of any such claim or suit effected without consent, and the city reserves the right to assert any defense and make any settlement of any claim or suit that it deems expedient. (c) Representation in actions. The city shall have the right and duty to provide legal representation through the city attorney, or in its discretion through the selection of outside legal counsel, to any officer or employee sued in connection with any claim for damages or other civil action against such person arising out of the course and scope of employment, provided that such officer or employee is entitled to indemnification as set forth in this section. Such legal representation shall be provided at no cost to the officer or employee, and any officer or employee may have his or her own counsel assist in the defense at the sole expense of the officer or employee. The officer or employee shall cooperate fully with the city in preparation and presentation of the case, and the failure to cooperate shall waive such officer's or employee's right to representation and indemnity under this section. (d) City's defenses. Nothing in this section shall be construed as waiving the city's defense of governmental immunity to it or its employees or officers in any action brought against the city or such officer or employee. For any suit or claim arising under the Texas Tort Claims Act, the indemnity provided by this section shall be limited to the statutory limits applicable to the city provided in said Act, as amended. (e) Notice. The provisions of this section shall apply only where the city has been given notice of the action brought against any city officer or employee within ten (10) days of service of process upon the officer or employee. (0 Disciplinary actions. Nothing in this section shall prevent the city from taking disciplinary action against any officer or employee for conduct defended or indemnified by the city under this section, either before or after conclusion of the civil suit. (g) Snits in behalf of the city. Nothing in this section shall require the city to indemnify any officer or employee for recoveries made against him or her in suits by or on behalf of the city. The city council may, however, authorize the city attorney to represent any officer or employee in a suit brought by a taxpayer in behalf of the city against the officer or employee. (Ord. No. 14320, § 1, 5-17-1978; Ord. No. 17867, §§ 1 3, 10-5-1983; Ord. No. 19863, § 1, 7-21-1987; Ord. No. 19864, § 1, 7-21-1987) Editor's note— Formerly numbered § 39-16. 1 CITY OF CORPUS CHRISTI, TEXAS FINANCIAL SERVICES INVESTMENT POLICY .1-anuary-20201-5 December 15, 2015 TABLE OF CONTENTS afdi I. INTRODUCTION 1 !I. PURPOSE1 III. ❑EFINITi S ........... ......... ........ .-,.,.-,.-,.,,.-,. , W. 1NVESTMEN,ITOEJECTIVES .. . .4 V. AUTHORIZED INVESTMENTS AND MAXIMUM t1ATURITY ....... .... ...........................5 VL INVESTMENT STRATEGIES ......... ...._,..,................................................................... 4-A9 I VII. DESIGNATION OF RESPONSIBILITY........................._._.._...._.,..,._.._...._....._.._.._.._._.4-211 I VIII. INTERNAL CONTROLS „,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 4-312 X. COMPETITIVE SOLICITATION............................,......,.,..,..,.....,..,..,.,,.,,..,.,..,,.,,.,..,4.413 I X. AUTHORIZED COUNTER-PARTIES...........................................................................14 XI. COLLATERALIZATION..................................................................................,..,..,.......15 XII, SAFEKEEPING OF CITY SECURITIES .............. .--..,.-...........4-615 XIII. INFORMATION REPORTINia;PORTFOU0 EVALUATION 4-716 XIV_ BANKING SERVICES 1-817 XV. ANNUAL POLICY ADOPTION 4-817 XVI. GENERAL PROVISIONS .,.....1-817 APPENDICES A. TEXAS PUBLIC FUNDS INVESTMENT ACT.............................................................1-31 8. CODE OF ETHICS „_.__,._.._ 1-98 I C. RESOLUTION 1- D. LEGAL DEFENSE AND INDEMNIFICATION OF CITY OFFICERS ANO EMPLOYEES........................................................................... ... ....................... ........ ....1 I, INTRODUCTION The City of Corpus Christi shall invest all available monies in compliance with this Investment Policy as adopted by the City Council and authorized by the Public Funds Investment Act. Effective cash management is recognized as essential to good fiscal management. An aggressive cash management program will be pursued to maximize interest earnings as a viable and material revenue source. The City's portfolio shall be designated and managed in a manner responsive to the public trust and consistent with local, state and federal law. Investments shall be made with the primary objective of: • Preservation of capital and protection of principal; • Maintenance of sufficient liquidity to meet operating needs; • Security of city funds and investments; • Diversification of investments to minimize risk while maximizing interest earnings; and • Maximization of return on the portfolio. Earnings from investments will be used in a manner that will best serve the interests of the City of Corpus Christi. Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion and intelligence would exercise in the management of that person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. 11. PURPOSE A. Authorization This Investment Policy is authorized by the City Council in accordance with Chapter 2256, Subchapter A of the Texas Govemment Code - The Public Funds Investment Act (the "Act" attached and incorporated as Appendix A). B. Scope This Investment Policy applies to all funds of the City, excluding pension funds, with regard to investing the financial assets of Funds, including, but not limited to: General Fund Special Revenue Funds Enterprise Funds Internal Service Funds Special Purpose Funds (within the control of Investment Officers) Capital Improvement Funds (including Bond Proceeds, Bond Reserves, Debt Service, Commercial Paper and any other debt instrument) In addition to this Policy, the investment of Bond Funds, Debt Service, and Reserve Funds shall be managed (including the yield calculation thereon) by 1 Formatted: Font. 12 pt 1 their governing ordinances and Federal Law, including the Tax Reform Act of 1986 and subsequent legislation. C. Review and Amendment This Policy shall be reviewed and adopted no less than annually by the City Council on or before December 31 of each calendar year. Amendments must be adopted by the City Council. The City Council shall adopt a written instrument by ordinance or resolution stating that it has reviewed the Investment Policy. This ordinance or resolution shall record any changes made to the Investment Policy. 111. DEFINITIONS Authorized Broker/Dealer - Primary dealer and regional firms that have been selected by the federal underwriters 10 distribute their securities. Each authorized firm in a Broker/Dealer will offer the issue at the price authorized by the governmental agency on the initial market issuance. Authorized City Representatives — Investment Officers and City Officers authorized to execute transactions are designated in the attached and incorporated Appendix A on behalf of the City. (Specific positions so authorized are the City Treasurer, Investment Analyst, Controller, Chief Accountant, Assistant Director of Financial Services and Director of Financial Services). Authorized Investment — Authorized investments defined by this Policy with a maximum maturity are approved by the Investment Committee and City Council. All Policy authorized securities are listed in Section V. Collateral - Securities pledged by a banking institution or sold under a repurchase agreement, to guarantee City assets. All collateral must be AAA rated. The City requires U.S. Treasuries, U.S. Agency Securities or municipal obligations as collateral so that the market values can be readily determined at any point in time. Collateral requirements are defined in Section XI. Cusip Number - A cusip is a 9 -character alphanumeric code which identifies a financial security for purposes of facilitating clearing and settlement of trades. Custodian — An approved independent custodian charged with the safekeeping of securities owned by or pledged to the City. An independent custodian is one not affiliated with any pledging institution or counter -party. Director of Financial Services - The Director of Financial Services is the Municipal Finance Officer responsible for City investments, but not designated as an Investment Officer. The Director of Financial Services may designate the Assistant Director of Financial Services, Controller or Chief Accountant to assist in this process. Excess Cash Balances - Collected bank balances not needed to pay estimated check clearings. Failed Transaction — A transaction in which an investment is not delivered to an institution for operational or availability reasons. The security would fail to be delivered to the Custodian. Institution - Any firm, bank, bank holding company, broker/dealer or Public Funds Investment Pool that offers to sell/buy a financial transaction/security to the City. All such firms must complete a Policy certification as stated by this Policy. Investment Advisor — SEC registered investment advisor contracted by the City to assist in the portfolio management process, reporting and treasury operations/controls. Investment Officers — Individuals designated by the City Council to execute investment transactions. Positions include only the City Treasurer and Investment Analyst. Investment Portfolio - All City monies and securities invested under authority of the Investment Officers. Qualified Representative — As defined by the Act, a person, who holds a position with a business organization, who is authorized to act on behalf of the business organization, and who is one of the following: (A) For a business organization doing business that is regulated by or registered with a securities commission, a person who is registered under the rules of the National Association of Securities Dealers; (B) For a state or federal bank, a savings bank, or a state or federal credit union, a member of the loan committee for the bank or branch of the bank or a person authorized by corporate resolution to act on behalf of and bind the banking institution; (C) For an investment public funds investment pool, the person authorized by the elected official or board with authority to administer the activities of the investment public funds investment pool to sign the written instrument on behalf of the investment public funds investment pool; or (D) For an investment management firm registered under the investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or, if not subject to registration under that Act, registered with the State Securities Board, a person who is an officer or principal of the investment management firm. Reserve Funds - Funds designated by the City Council for specific purposes, which have not been appropriated for spending. Securities - Approved investments designated by the Investment Committee, as defined by Section VII, to be held in the Investment Portfolio or acceptable to be pledged as Collateral to secure the monies of the City. Special Purpose Funds - Monies of non-profit corporations that Investment Officers are permitted to invest; includes such entities as the Coastal Bend Health Facilities Development Corporation, Corpus Christi Housing Finance Corporation, Corpus Christi Community Improvement Corporation, HOME Project, First Time Home Buyer, Corpus Christi Industrial Development Corporation, Corpus Christi Business and Job Development Corporation, North Padre Island Development Corporation, Corpus Christi Crime Control and Prevention District, and Corpus Christi Digital Community Development Corporation. 3 Third Party Safekeeping Institution - Any Institution not affiliated with an Institution delivering the Authorized Investment. IV. INVESTMENT OBJECTIVES The following states the investment objectives of the City in order of priority: A. Preservation and Safety of Principal Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall Investment Portfolio. B. Liquidity The City's Investment Portfolio must be structured in a manner which maintains the liquidity necessary to pay obligations as they become due. Sufficient cash flows must be maintained through cash flow analysis and by rapidly depositing monies and timing disbursements. Generally, Investments are matched to specific cash flow requirements such as payrolls, construction drawdown schedules, debt service payments, and other payables. Liquidity is also achieved by investing in Authorized Investments with active secondary markets or in Public Funds Investment Pools with stable net asset values. C. Investment Yield The City's Investment Portfolio shall be designed with the objective of regularly exceeding the average yield of the following benchmarks in a manner consistent with the principles of this Policy described in Section IV. A and B and reflecting the cash flow expectations and portfolio strategy of the City: Six-month average of Texpool, Lona Stir, Texstar and Texas Daily. However, it must be recognized that differing Interest rate environments will result in fluctuations. During a declining market, satisfying this objective may not be practical until Authorized Investments mature and can be re -invested, especially since preservation of capital is the first priority in the investment of monies pursuant to this Policy. For bond issues to which arbitrage restrictions apply, the primary objectives shall be to avoid negative arbitrage and to obtain market yields minimizing the costs associated with investing such monies. D. Diversification Diversification is required because of differing liquidity needs of the City and to control risk. Diversification minimizes the risk to the overall Investment Portfolio by spreading market and credit risk as well as potential losses on individual securities or market sector thereby enhancing safety of the Investment Portfolio. 4 Through the solicitation of competitive proposals, the City shall allocate and diversify its Investments through various Institutions. The following types of Investments will be solicited from approved Institutions: 1. Obligations of the United States; including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States. 2. Repurchase Agreements - through a Third Party Safekeeping Institution Agreement, which includes an approved primary dealer doing business in Texas as required by the PFIA; 3. Public Funds Investment Pools - through participation agreements; 4. Certificates of Deposit - through approved local banks or a broker that has a main office or a branch office in this state and is selected from a list adopted by the investing entity. 5. Money Market Mutual Funds; 6. Guaranteed Investment Contracts (for Bond Proceeds only); and 7. Texas Term Investment Pool; ar 1 . Sin-ci,rilicr. Landing Prn •.err. The City recognizes that investment risks can result from default risk, credit volatility risk, and market price risks due to various technical and fundamental economic factors, and other complications, leading to temporary illiquidity. To control market price risks, volatile Investments shall be avoided. To control default risk, the only acceptable method of payment will be on a delivery versus payment -basis for all transactions, except Public Funds Investment Pools and repurchase agreements. Delivery versus Payment provides for payment to Institutions at the time the Investments are recorded in book entry form at the City's Third Party Safekeeping Institution, currently maintained at the Federal Reserve. For certificates of deposit, sufficient Collateral at 102% of current market values must be pledged to protect all City monies or monies under its control that exceed Federal Deposit Insurance Corporation (FDIC) coverage; the Collateral must be safe kept at a Third Party Safekeeping Institution not affiliated with the bank or bank holding company providing the certificate of deposit. V. AUTHORIZED INVESTMENTS AND MAXIMUM MATURITY The City of Corpus Christi is authorized to invest only in the following investments. City monies, governed by this Policy, may not be invested in other investments permitted by law unless this Policy is amended and adopted to permit such investment. A. Authorized Investments 1. Obligations of the United States or its agencies and instrumentalities, excluding mortgage backed securities, which currently include the following stated final maturities: a. Short-term U.S. Treasuries: Maximum Maturity 1.) U.S. Treasury Bills up to 365 days* 2.) U.S. Treasury Coupon Notes up to 3 years* 3.) U.S. Treasury Notes and Strips up to 3 years* 5 b. U.S. Agencies: Maximum Maturity 1.)Federal Home Loan Bank up to 2 years' 2.)Federal National Mortgage Association. up to 2 years" 3.)Federal Farm Credit up to 2 years' 4.)Federal Horne Loan Mortgage Corporation up to 2 years' 5.)Federal Agricultural Mortgage Corporation up to 2 years* `Reserve Funds invested in Treasury and Agency obligations may have a stated final maturity up to five years. 2. Repurchase Agreements up 10 365 days Repurchase agreements must be fully collateralized at 102% with a defined maturity date, is secured by a combination of cash and obligations, including obligations that are fully guaranteed or insured by the Federal Deposit insurance Corporation or by the explicit full faith and credit of the United States placed with a primary government dealer with collateral, and safekepl at a City approved Custodian, as provided under the provisions of the SIFMA (Securities Industry and Financial Markets Association) Master Repurchase Agreement. An executed agreement between the City, primary government dealer and Custodian will be on file before the City will enter into a tri -party repurchase agreement. Weekly monitoring by the City's Investment Officers or Advisor of all Collateral underlying repurchase agreements is required. More frequent monitoring may be necessary during periods of market volatility. 3. Public Funds Investment Pool up to 1 day A Public Funds Investment Pool duly created and managed in_accordance with the Act to function as a money market mutual fund that marks its portfolio to market daily and, to the extent reasonably possible, which stabilizes its portfolio to market daily at $1 net asset value. If the ratio of the market value of the Public funds investment pool's portfolio divided by the book value of the portfolio is less than 99.50% or greater than 100.50%, the Public -funds investment pool's portfolio holdings shall be sold as necessary to maintain the ratio between 99.50% and 100.50%. The maximum amount that may be invested in any one public funds investment pool is five (5) percent of the total current invested balance of the Public Funds Investment Pool. The maximum total amount that may be invested in any one overnight Public Funds Investment Pool is thirty (30) percent of the Investment Portfolio. The Public Funds Investment Pool must be continuously rated no lower than AAA or AAA -m or at an equivalent rating by at least one nationally recognized rating service. Public Funds Investment Pools may contain investment securities that are not directly authorized by this Policy, so long as (i) the AAA rating is standard herein above stated is satisfied, and (ii) the investment is permitted by Subchapter A of the Texas Public Funds Investment Act, Chapter 2256 of the Texas Government Code. 6 An investment pool may invest its funds in money market mutual funds to the extent permitted by and consistent with the investment policies and objectives adopted by the investment pool. In addition to the requirements of its investment policy and any other forms of reporting, a public funds investment pool created to function as a money market fund shall report yield to its investors in accordance with regulations of the Securities and Exchange Commission applicable to reporting by money market funds. If the investment pool operates as an internet website, the information in a disclosure instrument or report must be posted on the website. 4. Collateralized and Brokered Certificates of Deposit up to 2 years CerC.e tificates of deposit or other instruments issued by state and national - banks domiciled in Texas that are: Guaranteed or insured by the Federal Deposit Insurance - Corporation or its successor; or t Secured at 102% by obligations defined by Section XI of - this Policy. a. Collateralized Certificates of Deposit Certificates of deposit must be fully collateralized at 102% of their. 1 market value. The City requires the bank to pledge U.S. Treasuries or U.S. Agencies as collateral as described in section V, Subdivision A.1. The Investment Officers will monitor adequacy of collateralization on a weekly basis. b. Brokered Certificates of Deposit , { The Investment Officer shall monitor, on no less than a weekly basis,. the status and ownership of all banks issuing brokered CDs owned by the City of Corpus Christi based upon information from the FDIC. Brokered CDs will be required to have a cusip number and be held in safekeeping at a third -party institution. If any bank has been acquired or merged with another bank in which brokered CDs are owned, the Investment Officer shall immediately liquidate any brokered CD which is above the FDIC insurance level. 5. Money Market Mutual Fund up to 1 year A AAA -rated no-load money market mutual fund (no service charge) is an - authorized investment if: s the money market mutual fund is registered with and regulated by. the Securities and Exchange Commission; a. the money market mutual fund provides the City with a prospectus and other information required by the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) or the -Investment Company Act of 1940 (15 U.S.C. Section 80a-1 et seq.); 6:. Formatted: Indent: left: 1.25", Tab stops: 1.25", Left Formatted: Indent: Left: 1.25", No bullets or numbering, Tab stops: 1.25", Left Formatted: Indent: Left: 1.25", No bullets or numbering, Tab stops: 1.25", Left { Formatted: Indent: First line: 0.31", Tab stops: 1.5", Left + Not at 1.25" Formatted: Indent: Left: 1.5", Hanging: 0.31", Tab stops: Not at 1.56" (Formatted: Indent: First line: 0.31" Formatted: Indent: Left: 1.81", Tab stops: 1.81", Left + Not at 1.5" Formatted: Indent: Left: 1.25" Formatted: Indent: Lett: 1.56", First line: 0", Numbered + Level: 2 + Numbering Style. a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.25", Tab stops: 1.81", Left + Not at 2.27" Formatted: No bullets or numbering, Tab stops: 1.8I", Left + Not at 2.27" the money market mutual fund includes in its investment objectives- the maintenance of a stable net asset value of $1 for each share; d the assets of the money market mutual fund are invested in those investments authorized under this Investment Policy; and d, e. the money market mutual fund has a dollar weighted average stated maturity of 90 days or fewer. 6. Guaranteed Investment Contracts up to 3 years Formatted: Indent: Lett: 1.56", First line: 0", Numbered + Level: 2 + Numbering Style: a, b, c, ,. + Siert at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.25, Tab stops: 1.01", Left + Not at 2.27" Guaranteed investment contracts offer to pay a specific interest rate over a4 1 I Formatted: Indent: Left: 1.25" period of time, and can be structured to reflect an anticipated draw down schedule for capital improvements funded with bond proceeds. The collateral and monitoring requirements applicable to repurchase agreements shall apply to guaranteed investment contracts. A guaranteed investment contract may be utilized only in connection with the investment of bond proceeds. The maximum term of a guaranteed investment contract shall not exceed the anticipated construction period for the capital improvement, the construction of which is to be funded with Bond Proceeds. 7. Texas Term Investment Pool up to 1 year The Texas Term Investment Pool for fixed term investments was created as - an investment pool and is a hybrid, mutual fund structure. The pool offers a fixed rate, fixed term portfolio option and is rated AAA by Standard and Poor's Ratings Services. Participants may lock in a fixed rate for a term of 60 to 365 days. 8,--S uSties-t;:ee€##ng Pr rarft --._ _ ... _ --- . up (to 1 yeaF SterAtrititie-iendi.n9--progarmeo--Jay-414e-Ac:t qualifief, as an atitheized-lavestment-if-the-vakre o ;+le E $€ iri;ies leaned muter t11.e # fid -in th ity s (l -,$r any-ether--stete-aind-continueusly-rated-bf -at- 1 s orie-rialienealy recog.y:zed .:nye trilenr. ratiAg Arun at ,noes hon h Go roh4FAseMed-Ifi-OGGPDPiafice. _ 225644-4 ex 2256 016. .5# egkllro t i a - 1k e =uFk -iRve sting r'ntrty,Cti 1 ' - ti+fle-# Fe niae -IG--read th- !h^ entity -or witt#-- thi'd party fcic-r..tff! - 2pp o4Of- a-i4vesb -$6 r 1O n acieunti fthe-pr-egrdiri F 1 [urit L'e ' 4ES Fkt=e5 irY_•�JF F.a a torm oR ono . rte 8 rmatted: Indent: Left: 1.25" B. Weighted Average Maturity In order to assure adequate liquidity and to minimize risk of loss to the Investment Portfolio due to interest rate fluctuations, investment maturities will not exceed the anticipated cash flow requirements of the Funds. Maturity guidelines by Fund are as follows: The weighted average maturity (WAM) of the overall portfolio shall be no more than 365 days. 1 4 ;Operating Funds The maximum weighted average maturity of Operating Funds shall be 365.1 days. The Investment Officers will monitor the maturity level and adjust as appropriate throughout the fiscal year. 2. Capital Improvement Funds The maximum weighted average maturity of Capital Improvement Funds shall" be 365 days. The Authorized Investment maturity of that portion of the City Portfolio that represents Capital Improvement Funds (bond proceeds, reserve funds, debt service and Commercial Paper) shall be determined considering: a. The anticipated cash flow requirements of the Capital Improvement. 1 Funds; and b. The "temporary period" as defined by Federal income tax law during" 1 which time bond proceeds may be invested at an unrestricted yield. Bond proceeds subject to yield restriction shall be invested considering that yield restriction to avoid a challenge to the City's related indebtedness qualification as an obligation, the interest in which is not subject to federal taxation under section 103 of the Internal Revenue Code of 1986 as amended_(the "IRC"). Bond proceeds subject to yield restriction shall be invested considering the anticipated cash flow requirements of the Capital Improvement Funds. For all bond proceeds controlled by the tax-exempt bond provisions of the IRC a complete yield analysis shall be performed to assure compliance with the IRC. An annual rebate calculation shall be performed to assure compliance with IRC. An annual rebate calculation shall be performed to determine the City's rebate liability at the end of each respective bond issue's five-year term. On the third anniversary of the respective issue date for each bond issue, bond proceeds from such issue will be yield restricted as required by the IRC. ?. ; Reserve Funds; Established by Operative Bond Funds or by the City 1 Council. The following Reserve Funds may be invested up to five years in U.S. Treasuries or Agencies: Maximum Choke Canyon Fund 4050 $10,000,000 { Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Llst Paragraph, Indent: Left: 1", Hanging: 0.19", Numbered + Level: 1 + Numbering Style: 1, 2, 3, . + Start at: I + Alignment: Left + Aligned at: 1" + Indent at. 1.25" Formatted: Font: Bold Formatted: Indent: Left: 1 25' Formatted: Font: Bold Formatted: Tab stops: 1.19", Left + Not at 1.5" I' Formatted: Indent: Left: 1.25" Formatted: Indent: Left: 1.56", Hanging: 0.25" Formatted: Indent: Left: 156", Hanging: 0.25" Formatted: Font: Bold Formatted: Tab stops: 1.44", Left Formatted: Font: Bold City monies governed by this Policy may not be invested in other investments permitted by law unless (1) such investments are specifically authorized for the investment of these monies by an ordinance adopted by the City Council issuing bonds or other debt obligations or (11) this Policy is amended to permit such investment. C. Methods to Monitor Investment Market Price •1 The City monitors the market price of investments obtained from Texpooi's securities pricing service or the Bloomberg system which is made available through the City's authorized institutional brokers. The City may also obtain market price information from other nationally recognized sources of financial information such as the Wall Street Journal. VI. INVESTMENT STRATEGIES A. Investment Maturity Diversification A minimum of 15% of the total investment portfolio shall be held in Authorized Investments with maturity dates of 90 days or Tess for liquidity. U.S. Treasuries/Agencies may be purchased for longer-term maturities (greater than one year) but shall not exceed 40% of the total investment portfolio to preserve liquidity. The weighted average maturity limitation of the overall Investment Portfolio takes these requirements into account to protect liquidity and allow flexibility for market environments. Daily Authorized Investment reports shall monitor and address whether these diversification requirements are being met. Unless approved by the Investment Committee, the target percentages specified shall not be exceeded for temporary periods greater than thirty (30) days without the Investment Officers taking corrective action. B. Strategies 1. +Operating and CIP Funds Investment strategies for operating funds and capital improvement funds have as their primary objective the assurance that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to create an Investment Portfolio structure, which will experience minimal volatility during economic cycles. To accomplish this strategy, the City will purchase high credit quality, short -to -intermediate term investments primarily in a laddered structure. To pay for anticipated disbursements, Authorized Investments will be laddered to correspond with the projected cash flow needs of the City. Investments maturing that are acquired on the short end of the yield curve 90 days or less will meet immediate cash needs. A few Authorized Investments are purchased on the intermediate part of the yield curve (1- 3 year maturity) to lock in higher interest rates when rates are projected to decline due to the economic cycle of the economy. The dollar weighted average investment maturity of 365 days or Tess will be calculated using the stated final maturity dates of each investment. 10 Formatted: Tab stops: 0 56", left Formatted: Font: Bold, No underline f 1 2. pebt Service Funds 1 Formatted: Font: Bold, No underline Investment strategies for debt service funds shall have as the primary objective the assurance that debt service payment obligations are timely met. 3. Debt Service Reserve Funds Investment strategies for debt service reserve funds shall have as the primary objective the ability to generate a dependable revenue stream with a low degree of volatility. In accordance with the specific bond authorization document, investments should be of high credit quality, with short -to -intermediate-term maturities and a maximum weighted average maturity of one year. 4. Special Purpose Funds Investment strategies for Spec=ai Purpose Funds will have as their primary objective the assurance that anticipated cash flows are matched with adequate Authorized Investment liquidity. The stated final maturity dates and weighted average maturity shall be structured on the project completion date. These investment portfolios shall include highly liquid investments to allow for flexibility and unanticipated project outlays. C. Achieving investment Yield Objectives The City will utilize a conservative buy and hold strategy for the majority of the Investment Portfolio with investment selection based on legality, appropriateness, liquidity, and risklretum considerations. This strategy recognizes the unique needs of individual funds and provides for their recognized cash flow needs. The remaining portion of the Investment Portfolio may be invested actively and the reasons for doing so are: 1. Passive investment provides for: a. Investments targeted to pay upcoming anticipated disbursements. b. Liquidity to provide for a measure of anticipated disbursements and c. Laddering and diversification to manage market and credit risk. 2. Active investment provides for: a. The ability to improve yieds in the Investment Portfolio by riding the yield curve during business cycle recovery and expansion periods. Interest rates on longer maturities typically exceed those on shorter maturities. Therefore, longer maturities (that can be I1 (Formatted: Font: Bold, No underline 1 Formatted: Font: Bold, No underline J 1 held 10 maturity, if necessary) are purchased in anticipation of selling later at the same or lower interest rate, improving the total retum during the holding period. b. The ability to improve market sector diversification by swapping out of one investment into another for a better total return, to realign for disbursement projections, or to extend or shorten maturity depending on economic forecasts. The City Manager, or his designee, is required to approve any investment that must be sold at a Toss. All gains and losses will be reported to the City Council and Investment Committee no less frequently than on a quarterly basis. VII. DESIGNATION OF RESPONSIBILITY A. Investment Committee An Investment Committee, consisting of City Manager, Assistant City Managers, Director of Financial Services (or if vacant, Assistant Director of Financial Services), City Attorney, Assistant Director of Financial Services/Management and Budget shall meet at least quarterly to determine operational strategies and to monitor Investment results. The Investment Committee will be responsible for monitoring, reviewing and making recommendations regarding the City's Investment Portfolio to the City Council. The Investment Committee will review quarterly investment reports before submission to the City Council and will, on no less than an annual basis, review and adopt a list of authorized broker/dealers prepared by the City. The Investment Committee shall include in its deliberation such topics as: economic outlook, Investment Portfolio diversification, maturity structure, risk and performance of the portfolio(s). B. investment Officers The authority to invest City funds and the execution of any documentation necessary to evidence the investment of City funds is granted to the Investment Officers. The City Treasurer and the Investment Analyst are the designated Investment Officers responsible for the daily operation of the investment program. Investment Officers will prepare monthly and quarterly reports, maintain information on counter -parties, monitor collateral, and attend training as required by the Act. As required by the Act, each Investment Officer shall attend ten hours of training in accordance with the Act within 12 months of assuming responsibilities and attend 40-8hours of training that begins on the first day of that local government's fiscal year and consists of the two consecutive fiscal years after that date. Training should include topics such as investment controls, security risk, market risks, diversification of the investment portfolio and compliance with Texas laws. The Investment Committee approves investment — training seminars presented by the following organizations: Govemment Finance Officers Association 12 Formatted: No underline Government Finance Officers Association of Texas Government Treasurers Organization of Texas Association of Public Treasurer's of the US & Canada Texas Municipal League University of North Texas Center for Public Management If the Investment Officer desires to attend an investment -training seminar presented by another organization for training credit, such seminar must be approved by the Director of Financial Services. C. Jnvestment Advisor The City Council may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) to provide for the investment and management of City funds. The initial contract made under authority of this subsection may not be for a term longer than two years. A renewal or extension of the contract must be made by the City Council by ordinance or resolution. VIII. INTERNAL CONTROLS The City Treasurer will establish a system of internal controls over the investment activities of the City and document such controls in the Investment Procedures Manual. These internal controls shall be approved by the Director of Financial Services. A. Standard of Care Investments shall be made with the same judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. Prudent investment is to be judged by the Investment Portfolio as a whole, not on individual Investments. In the case of a loss required rating, if liquidation is necessary due to a public funds investment pool losing its AAA rating or for other reasons, liquidation will be done in a prudent manner consistent with the investment objectives of this Policy and as provided in 2256.021 of the Government Code the Act. The Investment Officer shall monitor, on no less than a weekly basis, the credit rating on all authorized investments in the portfolio based upon independent information from a nationally recognized rating agency. If any security falls below the minimum rating required by Policy, the Investment Officer shall notify the City Manager, Director of Finance and City Council of the loss of rating, conditions affecting the rating and possible loss of principal with liquidation options available, within two weeks after the loss of the required rating. Investment Officers and the Investment Advisor shall perform their duties strictly in accordance with the adopted Investment Policy. Investment Officers acting in good faith and in accordance with these policies and procedures shall be relieved of personal liability if exceptions are reported on a timely basis and prudent actions are taken to reduce potential loss. The Investment Committee and officers are indemnified as provided by City ordinance attached and 13 Formatted: No underline } } incorporated as Appendix D. B. Ethics Investment Officers, Investment Committee members and employees involved in the investment process shall comply with the City's Code of Ethics attached and incorporated as Appendix B which requires disclosure of financial interests by April of each year. These individuals shall refrain from personal business activities that could conflict with proper execution of the investment program or which could impair the ability to make impartial investment decisions. Officers and employees shall disclose to the City Council any material investment decisions. Officers and employees shall disclose to the council any material financial interest in institutions that conduct investment or banking transactions with the City. Any Investment officer who has a personal or business relationship with an organization seeking to sell an investment to the City shall file a statement disclosing that relationship or interest. Disclosure statements required under this subsection must be filed. IX. COMPETITIVE SOLICITATION Except for Repurchase Agreements, Guaranteed Investment Contracts, and Public Funds Investment Pools, any new issue investment will be purchased through an Authorized Broker/Dealer or directly through the issuer. Investment Officers identify the best rate prior to the purchase of an Authorized Investment that meets the City's cash flow needs at the time. Any Institution authorized to participate in the City's investment program must meet Collateral pledge requirements outlined in Section XI of these guidelines and must submit annual financial reports. AUTHORIZED COUNTER -PARTIES A. prokerlDealers Formatted: No underline Formatted: No underline Any broker/dealer seeking to sell an Authorized Investment to the City is required to complete the questionnaire approved by the Investment Committee and fumish supporting documentation required by the Investment Committee. Information on the firms shall be maintained by the Investment Officers or the Investment Advisor. Securities qualifying as Authorized Investments shall only be purchased through those institutions approved by the Investment Committee. B. policy Certification: Formatted: No underline Investments shall only be made with those Institutions who have executed a written certification in a form acceptable to the City, executed by a Qualified Representative of that Institution, and substantially to the effect that the Institution has: 14 1. Received, thoroughly reviewed and acknowledged, in writing, receipt and understanding of this Policy. 2. Acknowledged that the Institution has Implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the Institution and the City that are not authorized by this Policy. C. Investments shall only be made with those institutions who have met the qualifications and standards established by the City's Investment Committee and set forth in the Investment Procedures Manual. D. The Investment Committee shall, at least annually, review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the City. E. The City Treasurer will request the Investment Committee to authorize deletion of institutions for: 1. Slow response time; 2. Inability to compete with other authorized firms; 3. Insufficient market information on technical or fundamental expectations based on economic indicators; 4. Failed transactions or continuing operational difficulties; 5. Unwillingness to continue to abide by this Policy; the provisions listed in IX.A.; 6. Other reasons as approved by the Investment Committee. Xl. COLLATERALIZATION It is imperative that the securities in the Investment Portfolio be protected through independent safekeeping and all time deposits and demand bank cash balances be protected with sufficient collateral at a minimum of 102% daily of current market values to guard against market and volatility risk. A. PIedged Collateral for Time and Demand Deposits Depository collateral is pledged to and not owned by the City. All collateral shall be held by a custodian approved by the City under an executed collateral agreement. The market value of pledged collateral for time and demand deposits must be at least 102% of the principal plus accrued interest. All collateral shall be held by an independent custodian outside the holding company of the pledging bank. Original evidence of City collateralization in the form of original safekeeping receipts will be provided to the City Treasurer and will be maintained in the City Treasurer's Office. The custodian will provide a monthly listing of collateral describing the securities and giving a market value. An investment officer will approve and release all pledged collateral. The Investment Officers will monitor adequacy of collateralization on a weekly basis. B. Collateral Substitution Collateralized Investments and certificates of deposit often require substitution of 15 Collateral. Any Institution must contact the Investment Officers for approval and settlement. The substituted collateral's value will be calculated and substitution approved if its value is equal to or greater than the required collateral value. Substitution is allowable for all transactions, but should be limited, to minimize the City's potential administrative problems. C. Collateral Reductions Should the collateral's market value exceed the required amount, any Institution may request approval from the Investment Officer to reduce collateral. Collateral reductions may be permitted only if the City's records indicate that the collateral's market value exceeds the required amount. o- p- •Prohibited Securities Investment securities described in Section 2256.009(b), Govemment Code, shall not be eligible for use as collateral of City monies governed by this Policy. XII. SAFEKEEPING OF CITY SECURITIES A. A- ,Third Party Safekeeping Agreement The City shall utilize its banking services depository or other banks for the safekeeping of City owned securities. The delivery of all securities into safekeeping will be done on a delivery versus payment basis. B. Safekeeping of Certificate of Deposit Collateral All Collateral securing bank and savings and loan deposits must be held by a Third Party Safekeeping Institution approved by the City, or Collateral may be held at the Federal Reserve Bank. C. Safekeeping of Repurchase Agreement Collateral Repurchase Agreement Collateral is restricted to U.S. Treasuries and must be delivered to a Third -Party Safekeeping Institution with which the City has (subject to the limitation described in Section XI.D above) established a third -party safekeeping agreement. D. Guaranteed Investment Agreement Collateral Guaranteed investment contract collateral is restricted to U.S. Treasuries and Agencies (subject to the limitation described in Section XI.D above) and must be delivered to a Third -Party Safekeeping Institution with which a third -party safekeeping agreement has been established pursuant to the terms of the guaranteed investment contract. XIII. INFORMATION REPORTING/PORTFOLIO EVALUATION A. The City Treasurer and Investment Analyst as designated Investment Officers are responsible for reporting to the Investment Committee and City Council on a quarterly basis in accordance with the Act. 16 Formatted: Font. (Default) Arial, 11 pt, Bold Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: A, B, C, . + Start at: 2 + Alignment: left + Aligned at: 0 5" + Tab after: 1" + Indent at: 1" Formatted: Font: (Default) Arial, 11 pt Formatted: List Paragraph, Indent: Left: 1", First line: 0" Formatted: Font: (Default) Arial, 11 pt, Bold Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 1" Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt, Bold Formatted: List Paragraph, Indent: Left: 1", First line: 0" B. Quarterly Investment Reports are to include the following in accordance with the Act: a. Combined Investment Portfolio Report of Market versus Book Values b. Combined Portfolio Composition c. Individual Portfolio Composition d. Cash and Cash Equivalents, U.S. Treasuries and Investments Greater than One year e. Combined Summary of Investment Transactions f. Combined Investment Portfolio - Weighted Average Maturity g. Investment Revenue h. Analysis of Excess Collateral Coverage i. Aggregate Activity Per Broker j. Comparison of Investment Returns to Benchmarks k. Investment Portfolio Report — Lake Texana Project and Packery Channel Project I. Bond Funds by Issue m. Pools and Money Market Accounts - Approved Institutional Brokers n. Economic and Interest Rate Forecast o. Glossary p. Compliance Statement q. Quarterly Investment Committee Meeting Minutes Internal Reporting/Evaluation In addition, the following reports are to be submitted on a monthly basis: 1) Cash position by bank account 2) Collateral position 3) Investment transactions C. External Reporting/Evaluations On a quarterly basis, any institution holding City time or demand deposits will provide to the Investment Officers for the institution's review a copy of the balance sheet and income statement for the Call Report for review. All depository and brokerage institutions will provide annual audited financial statements. Any Public Funds Investment Pools must provide reports and disclosure statements as required by the Act. D. Record Retention The City follows the guidelines of retaining records for five years from City's current fiscal year, as recommended in the Texas State Library Municipal Records Manual or may be authorized by the City's local records management guidelines. XIV. BANKING SERVICES All depository services are provided in the City's main depository agreement. Other services such as credit cards, direct deposit of payroll or other services may be administered through separate agreements. To aggressively invest 17 Excess Cash Balances, controlled disbursements accounts, zero balance accounts and other cash management tools may be employed. XIV. ANNUAL POLICY ADOPTION This Policy will be reviewed and adopted by the City Council no less than annually. The accepting ordinance resolution will include a description of all changes made to this policy. XVI. GENERAL PROVISIONS A. Rr -Audits and Inspections. During regular business hours and as often as the Investment Officers deem necessary, the Institution providing certificates of deposit will make available for examination by the City Manager, his duly authorized agent, accountant, or legal representative, such records and data to assure the pledge of Collateral, availability of Collateral, and financial stability of the Institution. Compliance with Laws, Each Institution agrees to comply with all federal, state, and local laws, rules, regulations, and ordinances. The personnel or officers of such Institution shall be fully qualified and authorized under federal, state, and local law to perform the services set out under this Policy. Each Institution shall permit the Investment Officers to audit, examine, and make excerpts or transcripts from such records and to make audits of all contract, invoices, materials, and other data relating to applicable Investments. C. Performance Audits, , CT The City's Annual External Financial Audit shall include a compliance audit of management controls on Investments and adherence to this Policy. If the City invests in other than money market mutual funds, investment public funds investment pools or accounts offered by its depository in the form of certificates of deposit or money market accounts; the quarterly reports prepared by Investment Officers for the City Council must be formally reviewed at least annually by an independent auditor. The results of the review must be reported to the City Council by that auditor. D. Investment Policy Resolution. The resolution authorizing this Investment Policy is attached hereto as - Appendix C. Formatted: Font: (Default) Arial, 11 pt, Bold Formatted: Llst Paragraph, Numbered + Level: 1 + Numbering Style: A, B, C, . + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 1" Formatted: Ust Paragraph, Indent: Left: 1", First line: 0" • Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt, Bold Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: A, B, C, . + Start at: 1 + Alignment: Left + Aligned at 0 5" + Indent at: 1" 1 Formatted: Font: (Default) Arial, 11 pt, Bold Formatted: List Paragraph, Indent: Left: 1", .l First line: 0" Formatted: Font: (Default) Arial, 11 pt Formatted: Font: Not Bold Formatted: Indent: Left: 1", No bullets or numbering Formatted: Indent: Left: 0.5", Hanging: 0.5", No bullets or numbering, Tab stops: 1", iLiWt Formatted: Indent: Left: 0.5", No bullets or numbering, Tab stops: Not at 1" Formatted: Indent: Left: 0.5", Hanging: 0.5", No bullets or numbering, Tab stops: Not Resolution amending and reaffirming the City's Investment Policy and Investment Strategies for FY 2015-2016 WHEREAS, the City of Corpus Christi's Investment Policy and Investment Strategies were adopted pursuant to Resolution No. 022390 on October 24, 1995; WHEREAS, the Texas Public Funds Investment Act requires the governing body to annually review, amend as necessary, and reaffirm its investment policy and investment strategies; WHEREAS, the Investment Policy and Investment Strategies were previously reviewed for fiscal year 2014-2015 on December 11, 2014, and reaffirmed pursuant to Resolution No. 030398 on January 20, 2015; and WHEREAS, the Investment Policy and Investment Strategies were reviewed for fiscal year 2015-2016 on November 16, 2015 by the Investment Committee; require several amendments to clarify and correct certain provisions; and must be annually reaffirmed; therefore, Be it resolved by the City Council of the City of Corpus Christi, Texas, that: Section 1. The City Council has reviewed the City of Corpus Christi's Investment Policy and Investment Strategies for the current fiscal year 2015-2016. A copy of the City of Corpus Christi's Investment Policy, which contains the separate Investment Strategies, is attached to this resolution as Exhibit A and is incorporated by reference into this resolution as if set out here in its entirety. Section 2. The following amendments are made to the Investment Policy and Investment Strategies to correct and clarify certain provisions: (a) Cover Page: the date is amended to reflect the date of reaffirmation; (b) Document: changes to the formatting of the document including bolding, tabs, margins, spacing and underscoring so that the document's appearance would be more consistent; (c) Page 4, section IV.C. entitled "Investment Yield": remove Lonestar from the Six- month average, to read as follows: "Six-month average of Texpool, Texstar and Texas Daily"; and (d) Page 12, section VII.B. entitled "Investment Officers": change the required number of hours of training from 10 to 8 for the Public Funds Investment Act training that is required after the initial 10 hour of training, with the second paragraph to read as follows: "As required by the Act, each Investment Officer shall attend 10 hours of training in accordance with the Act within 12 months of assuming responsibilities and attend 8 hours of training that begins on the first day of that local government's fiscal year and consists of the two consecutive fiscal years after that date. Training should include topics such as investment controls, security risk, market risks, diversification of the investment portfolio, and compliance with Texas laws." Section 3. As amended by Section 2 of this resolution, the City Council reaffirms the City of Corpus Christi's Investment Policy and Investment Strategies for the current fiscal year 2015-2016 and continues the policy and strategies in full force and effect. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Nelda Martinez, Mayor Corpus Christi, Texas of , 20 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 for the City Council Meeting of December 8, 2015 DATE: TO: November 19, 2015 Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services Department DanG©cctexas.com (361) 826-3595 Timeline for Preliminary Maps and Higher Standards STAFF PRESENTER(S): Name 1. Julio Dimas OUTSIDE PRESENTER(S): Name 1. 2. 3. Title/Position Department Assistant Director Development Services Title/Position Organization BACKGROUND: Provide a timeline for the adoption of FEMA preliminary Flood Insurance Rate Maps and proposed higher standards. LIST OF SUPPORTING DOCUMENTS: Presentation- Timeline for Preliminary Maps and Higher Standards Timeline for Preliminary FEMA Flood Map Adoption Council Presentation December 8, 2015 FEMA and Community Rating System • The Federal Emergency Management Agency (FEMA) manages: • Mapping of flood prone areas — Flood Insurance Rate Maps (FIRMs) • National Flood Insurance Program (NFIP) • Community Rating System (CRS) • Since 1970s, City of Corpus Christi has: • Adopted FIRMs • Enrolled in CRS Program in 1990s • The NFIP manages the Community Rating System (CRS) • Voluntary program • Provides standards for communities to follow for rating system • Scale of 1 thru 10 - 1 being the best, 10 being entry level • Currently, City is at a 7 rating • National average is about 5 - 6 Preliminary FIRMs Issued • December 2012 — "Draft" FIRMs were presented to Nueces County and all communities within it. • Draft FIRMs are not enforceable, simply to review by staff from Nueces County and communities within it for preliminary comments. • City has been working with FEMA on items such as the Seawall, Salt Flat Levee System and Oso Creek. Timeline • November 17, 2015 - FEMA release of Preliminary Maps • December 8, 2015 - City Council overview and schedule presentation • December 7-11, 2015- Community outreach • January 5-9, 2016- Community outreach • January 12, 2016- City Council Presentation "Flood Maps 101" • January 14, 2016- FEMA public outreach meeting — at American Bank Center • January 18-22, 2016- Stakeholder outreach • January 26, 2016- City Council Presentation "Higher Standards" • February 1-5, 2016- Stakeholder outreach • March 8, 2016- City Council 1st Reading Ordinance adopting of applicable Ordinances • March 22, 2016- City Council 2nd Reading Ordinance adopting of applicable Ordinances Questions ?