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HomeMy WebLinkAboutAgenda Packet City Council - 12/15/2015Corpus Christi Meeting Agenda - Final -revised City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, December 15, 2015 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Pastor Rick Milby, Abundant Life Fellowship. C. Pledge of Allegiance to the Flag of the United States to be led by Belinda Mercado - Director, Municipal Information Systems. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 15-1425 Commendations for the "Alliance for a Healthier Generation Awards Recognition". Swearing-in Ceremony for Newly Appointed Board, Commission, and Committee Members F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Corpus Christi Page 1 Printed on 12/14/2015 City Council Meeting Agenda - Final -revised December 15, 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 b. OTHER H. MINUTES: 2. 15-1424 Regular Meeting of December 8, 2015 Attachments: Minutes - December 8, 2015 I. BOARD & COMMITTEE APPOINTMENTS: 3. 15-1426 Committee for Persons with Disabilities Corpus Christi Aquifer Storage and Recovery Conservation District Corpus Christi Regional Economic Development Corporation Marina Advisory Committee North Padre Island Development Corporation Parks and Recreation Advisory Committee Watershore and Beach Advisory Committee Attachments: Committee for Persons with Disabilities.pdf Corpus Christi Aquifer Storage and Recovery Conservation District.pdf Corpus Christi Regional Economic Development Corporation.pdf Marina Advisory Committee.pdf North Padre Island Development Corporation.pdf Parks and Recreation Advisory Committee.pdf Watershore and Beach Advisory Committee.pdf J. EXPLANATION OF COUNCIL ACTION: Corpus Christi Page 2 Printed on 12/14/2015 City Council Meeting Agenda - Final -revised December 15, 2015 For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. K. CONSENT AGENDA: (ITEMS 4 - 26) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 4. 15-1304 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 5. 15-1354 Resolution amending the Radio Communications System Interlocal Agreement to include the Nueces County Emergency Services District #3 as a participant 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 6. 15-1356 Resolution amending the Radio Communications System Interlocal Agreement to include the Nueces County Emergency Services District #6 as a participant Resolution authorizing the City Manager, or his designee, to execute an Corpus Christi Page 3 Printed on 12/14/2015 City Council Meeting Agenda - Final -revised December 15, 2015 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 7. 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 8. 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 9. 15-1358 Real Estate Brokerage Service for Sale of 14 Surplus Parks Motion authorizing the City Manager to execute a service agreement with The Clower Company, Inc., Corpus Christi, Texas for the sale of 14 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 10. 15-1352 Resolution for an Interlocal Agreement for Packery Channel Aids to Navigation Resolution authorizing the City Manager or designee to execute an Corpus Christi Page 4 Printed on 12/14/2015 City Council Meeting Agenda - Final -revised December 15, 2015 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 11. 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 12. 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 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 13. 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. Corpus Christi Page 5 Printed on 12/14/2015 City Council Meeting Agenda - Final -revised December 15, 2015 Attachments: Agenda Memo - Greenwood WVVfP Prosect Budget - Greenwood WVVfP.xls Location Map - Greenwood WVVTP.pdf Presentation - Greenwood VWVfP 14. 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. Attachments: Agenda Memo - WVV IDIQ.docx Protect Budget - WVV IDIQ.xls Location Map - VVW IDIQ.pdf Contract LNV - VVW IDIQ Contract Urban - VWV IDIQ Presentation - WVV IDIQ.pptx 15. 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 Prosect Budget - Runway 17-35 Change Order 16.xlsx Location Map - CCIA Bay Change Order No 16.pdf Presentation - CCIA Change Order No 16.pptx 16. 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. Corpus Christi Page 6 Printed on 12/14/2015 City Council Meeting Agenda - Final -revised December 15, 2015 Attachments: Agenda Memo Investment Policy December 8, 2015.doc Exhibit A - City Investment Policy 2015 clean.i df City Investment Policy 2015 redlined.pdf Resolution - Amending and Reaffirming Investment Policy 2015 vFinal 2015111 17. 15-1310 Second Reading Ordinance - Accepting and appropriating grant funds to purchase Hazmat Communication System equipment (1st Reading 12/8/15) 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 18. 15-1195 Second Reading Ordinance - Accepting and appropriating additional grant funds for Tuberculosis Prevention and Control (1st Reading 12/8/15) 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 19. 15-1336 Second Reading Ordinance - Advancing, accepting and appropriating funds for the Texas Medicaid Managed Care Initiative 1115 Waiver - Childhood Healthy Weight Obesity Project (1st Reading 12/8/15) 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 Corpus Christi Page 7 Printed on 12/14/2015 City Council Meeting Agenda - Final -revised December 15, 2015 (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 20. 15-1265 Second Reading Ordinance - License for an electronic sign located within the Street Right of Way at 6652 Yorktown Blvd (1st Reading 12/8/15) 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 21. 15-1320 Second 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 (1st Reading 12/8/15) 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 22. 15-1277 Second Reading Ordinance - Amending the Capital Improvement Budget to execute a Master Services Agreement for On Call Engineering Services with Solid Waste Operations (1st Reading 12/8/15) Corpus Christi Page 8 Printed on 12/14/2015 City Council Meeting Agenda - Final -revised December 15, 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 23. 15-1375 Second Reading Ordinance - Adjusting Public Agency for Resale Water Rates (1st Reading 12/8/15) 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 24. 15-1339 Second Reading Ordinance - Transfer of City Council Member's Salary (1st Reading 12/8/15) 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 Salarv.pdf 25. 15-1350 Second Reading Ordinance - Continuing Texas Municipal Retirement System (TMRS) Updated Service Credits for current participants and increases for prior and current annuities (1st Reading 12/8/15) 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 Corpus Christi Page 9 Printed on 12/14/2015 City Council Meeting Agenda - Final -revised December 15, 2015 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 26. 15-1366 Second Reading Ordinance - Depository Banking Services Agreement (1st Reading 12/8/15) 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 L. EXECUTIVE SESSION: (ITEMS 27 - 32) 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. 27. 15-1436 Executive session pursuant to Texas Government Code § 551.074 (personnel matters) to deliberate employment issues concerning the City Manager. 28. 15-1423 Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining matters and/or the collective bargaining agreements between the City of Corpus Christi and the Corpus Christi Firefighters Association. 29. 15-1400 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 involving administrative orders and/or potential litigation from the U.S. Environmental Protection Agency, U.S. Department of Justice, and/or Texas Commission on Environmental Quality related to the City's wastewater treatment plants, Corpus Christi Page 10 Printed on 12/14/2015 City Council Meeting Agenda - Final -revised December 15, 2015 sanitary sewer overflows, and the City's Sanitary Sewer Collection System. 30. 15-1399 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 the New Broadway Wastewater Treatment Plant and other parts of the City's Sanitary Sewer Collection System 31. 15-1435 Executive Session pursuant to Texas Government Code § 551.072 regarding the purchase, exchange, lease, or value of real property (including, but not limited to, real property in the vicinity of Corona Drive and Island Gate Plaza) because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third party. 32. 15-1437 Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to Interstate 37, State Highway 286, U.S. Highway 181, and existing and proposed sewer, water, street, bridge, park, and other public infrastructure in or near said highways. M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (ITEMS 33 - 37) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 33. 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 Revised Amendment No 2 CC WW Reservation 12.11.2015 34. 15-1394 Second Reading Ordinance - Amending the Code of Ordinances to create the City of Corpus Christi Infill Housing Incentive Program (IHIP) (1st Reading 12/8/15) 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 11 - INFILL HOUSING INCENTIVE PROGRAM to set forth requirements, procedures and Corpus Christi Page 11 Printed on 12/14/2015 City Council Meeting Agenda - Final -revised December 15, 2015 incentives for the development of new home construction in existing 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 35. 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 36. 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- updated for Dec 15 2015 FINAL Final Resolution - Type A Pilot Program Type A Pilot Program - updated for Dec 15 2015 37. 16-0011 Resolution to execute the Four Party Agreement upon which the federal funding for the US Highway 181 (US 181) Harbor Bridge Project is conditioned Resolution authorizing the City Manager or designee to execute a Four Party Agreement with the Texas Department of Transportation (TxDOT), the Port of Corpus Christi Authority (Port), and the Corpus Christi Housing Authority, to provide duties effectively required by the Federal Highway Administration related to TxDOT's construction of the Harbor Bridge; issuing consent for the Port's acquisition of property pursuant to Texas Water Code § 62.106(d); and making further authorizations and declarations related to said Four Party Agreement Corpus Christi Page 12 Printed on 12/14/2015 City Council Meeting Agenda - Final -revised December 15, 2015 Attachments: Agenda Memo - Harbor Bridge Resolution December 15 2015 (2) 4 -City Council Resolution adopting Hillcrest Proposal Four -Party Agreement.SIGNATURE Two -Party Agreement - Harbor Bridge.v18.FHWA Position Paper Harbor Bridge v.6 O. FIRST READING ORDINANCES: (38 - 44) 38. 15-1363 First Reading Ordinance - License Agreement for Youth Sports League at LyondellBasell Park Ordinance authorizing the City Manager, or designee, to execute a License Agreement with Nueces County for South Texas Elite Youth Football League use of LyondellBasell Park on Haven Drive for youth football program with option to extend for two additional years. Attachments: Agenda Memo - LyondellBassel Park License Agmt Ordinance - LyondellBassell Park License Agreement Lease - LyondellBassell Park License Agmt 39. 15-1368 First Reading Ordinance - Accepting and appropriating grant funds for Elderly Nutrition Program (ENP) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $48,225 grant funding from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation grants fund for the FY2015 Senior Community Services, Elderly Nutrition Program. Attachments: Agenda Memo - ENP FY15 Grant Award Ordinance - FY15 ENP Grant Award ENP - FY15 NFA 40. 15-1404 First Reading Ordinance - Accepting and appropriating grant funds for the Elderly Nutrition Program (ENP) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $635,079 grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation grants fund for the FY2016 Senior Community Services, Elderly Nutrition Program. Attachments: Agenda Memo - ENP FY16 Grant Planning Amount Notification Ordinance - ENP FY16 Grant Planning Amount Attachment - Planning budget for FY16 ENP ENP Signed Rate Agreements Corpus Christi Page 13 Printed on 12/14/2015 City Council Meeting Agenda - Final -revised December 15, 2015 41. 15-1367 First Reading Ordinance - Accepting and appropriating reimbursement grant funds for Title XX Meals on Wheels Program Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a $229,140 reimbursement grant awarded by the Texas Department of Aging and Disability Services, Title XX Meals on Wheels Program and appropriating it in the No. 1067 Parks and Recreation Grants Fund for the FY 2016 Senior Community Services, Title XX Meals on Wheels Program. Attachments: Agenda Memo - FY 16 Title XX Grant Appropriation Ordinance - FY16 Title XX Grant Contract - FY16 Title XX Grant 42. 15-1393 First Reading Ordinance - Accepting and appropriating developer fees and interest earnings into the Community Enrichment fund for park improvements Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $872,005.99 in developer contributions and interest earnings in the 4720 Community Enrichment Fund for park improvements and other related projects. Attachments: Agenda Memo - Comm Enrich fds appropr 2015 Ordinance - Comm Enrich Fund Schedule of Appropriations - Comm Enrich Appropriation to 093015 43. 15-1292 First Reading Ordinance - Construction Contract and Professional Service Agreement Amendment No. 1 for Traffic Signal and Street Lighting Improvements Indefinite Delivery/Indefinite Quantity (IDIQ) Ordinance appropriating $400,725.04 from the Unreserved Fund Balance in No. 1041 Street Fund for the Traffic Signal and Street Lighting Improvements IDIQ project; changing the FY 2015-2016 Operating Budget adopted by Ordinance No. 030620 by increasing expenditures by $400,725.04; authorizing the City Manager, or Designee, to execute a construction contract with Siemens Industry, Inc. of Austin, Texas in the amount of $721,485.80 for the initial year with the option of four one-year extensions that may be administratively approved; and authorizing the City Manager to proceed with the design of IDIQ delivery orders for the base year by executing Amendment No. 1 to a Professional Service Agreement with Maldonado -Burkett Intelligent Transportation Systems, LLP in the amount of $32,211.73 for a restated fee of $71,725.04 for the Traffic Signal and Street Lighting Improvements IDIQ project. Corpus Christi Page 14 Printed on 12/14/2015 City Council Meeting Agenda - Final -revised December 15, 2015 Attachments: Agenda Memo - IDIQ Traffic Signals.docx Ordinance - IDIQ Traffic Signals.docx Prosect Budget - IDIQ Traffic Signals Location Map - IDIQ Traffic Signals Contract - IDIQ Traffic Signals Presentation - IDIQ Traffic Signals 44. 15-1374 First Reading Ordinance - Construction Contract and Construction Materials Testing Agreement for Ocean Drive from Buford Street to Louisiana Avenue (BOND 2012) Ordinance amending the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 by transferring $3,500,000 to the Ocean Drive from Buford to Louisiana Avenue project; increasing expenditures in the amount of $3,500,000; and authorizing the City Manager, or designee, to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $11,012,338.66 for the total base bid and to execute an agreement for construction material testing in the amount of $68,292.00 with Rock Engineering Testing Laboratory, Inc. for the Ocean Drive from Buford Street to Louisiana Avenue BOND 2012 street project. Attachments: Agenda Memo Ocean Drive Ordinance - Ocean Drive Project Budget - Ocean Drive BOND 2012 - with formulas Location Map - Ocean Drive from Buford Street to Louisiana Avenue Bond 2012 Presentation - Ocean Drive BOND 2012 P. FUTURE AGENDA ITEMS: (ITEMS 45 - 48) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 45. 15-1276 Construction Contract for City -Wide Collection System Pipebursting Indefinite Delivery/Indefinite Quantity (IDIQ) Motion authorizing the City Manager or designee to execute a construction contract with PM Construction & Rehab, LLC of Pasadena, Texas in the amount of $3,750,000 for the City -Wide Collection System Pipebursting Indefinite Delivery/Indefinite Quantity for the total Base Bid with the option to extend the contract up to four (4) possible one-year renewals. Corpus Christi Page 15 Printed on 12/14/2015 City Council Meeting Agenda - Final -revised December 15, 2015 Attachments: Agenda Memo - Citywide Pipeburstinq IDIQ Project Budget - Citywide Pipeburstinq IDIQ.xls Location Map - Citywide Pipeburstinq IDIQ Presentation - Citywide Pipeburstinq IDIQ 46. 15-1362 Professional Services Contract Extension for Mary Rhodes Pipeline Phase 2 Motion authorizing the City Manager or designee to extend construction management services by executing Amendment No. 14 to the professional services contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $513,767 for a total restated fee not to exceed $15,949,042 for Mary Rhodes Pipeline Phase 2. Attachments: Agenda Memo - Mary Rhodes Pipeline Phase 2 Project Budget - Mary Rhodes Pipeline.xlsx Location Map - Mary Rhodes Contract - Mary Rhodes Pipeline.pdf Presentation - Mary Rhodes Pipeline Phase 2 47. 15-1412 Engineering Design Contract Amendment No.1 for Rodd Field Road Expansion (BOND 2014, Proposition 2) Motion authorizing the City Manager, or designee, to proceed with design phase work by executing Amendment No. 1 to a contract for professional services with LJA Engineering, Inc. of Corpus Christi, Texas in the amount of $1,128,307.78 for a restated fee of $1,178,207.78 for the Rodd Field Road Expansion from Saratoga Boulevard to Yorktown Boulevard. (Bond 2014, Proposition 2) Attachments: Agenda Memo - Rodd Field Project Budget - Rodd Field Road Expansion Location Map - Rodd Field Road Expansion Contract - Rodd Field Road Expansion Presentation - Rodd Field Road Expansion 48. 15-1429 Resolution authorizing the City Manager or designee to proceed with the design and construction of Fire Station 18 Resolution authorizing the City Manager or designee to proceed with the design and construction of Fire Station 18 in the area of Holly/Saratoga and Ayers. Attachments: Agenda Memo - Fire Station 18 Resolution - Fire Station 18 10.20.15 Q. BRIEFINGS: (ITEMS 49 - 50) Corpus Christi Page 16 Printed on 12/14/2015 City Council Meeting Agenda - Final -revised December 15, 2015 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. 49. 15-1410 FY2016-2017 HOME Program Housing Tax Credit Amenities Attachments: Agenda Memo - Presentation on HTC Amenities Presentation - Housing and Community Development City Council 50. 15-1420 Zero -based Budgeting Attachments: Agenda Memo - Zero -Based Budgeting Presentation - Zero -Based Budgeting Final R. ADJOURNMENT Corpus Christi Page 17 Printed on 12/14/2015 Corpus Christi Meeting Minutes 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. 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 Srygley, Arlington Heights Church of Christ. Pastor David Srygley gave the invocation. 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. Customer Call Center Manager Norma Davison 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. (Council Member McIntyre arrived at 11:35 a.m.) Charter Officers: City Manager Ron Olson, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Present: 9 - Mayor Nelda Martinez,Council Member Rudy Garza,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas,Council Member Lucy Rubio,Council Member Brian Rosas,Council Member Mark Scott, and Council Member Carolyn Vaughn E. Proclamations / Commendations 1. Proclamation declaring December 12, 2015, "Christmas Tree Forest, A Reading Wonderland Day". Mayor Martinez presented the proclamation. Corpus Christi Page 1 Printed on 12/10/2015 City Council Meeting Minutes December 8, 2015 G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Martnez referred to City Manager's Comments. City Manager Ron Olson referred to the following topic: a. CITY HALL SECURITY UPDATES - Senior Oficer Denise Pace, Corpus Christi Police Department 2. City Hall Security Updates Senior Officer Denise Pace provided a brief update on the security upgrades to City Hall. The upgrades include: employee -only entrances at the Sam Rankin and Staples Street entrances with card read access and a public entrance at the Lipan Street entrance with the installation of a metal detector. The upgrades are on schedule and will go into effect on December 21, 2015. b. OTHER None. H. MINUTES: 3. Regular Meeting of November 17, 2015 Mayor Martinez referred to approval of the minutes. Council Member Garza made a motion to approve the minutes, seconded by Council Member Magill and passed unanimously. I. BOARD & COMMITTEE APPOINTMENTS: 4. 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 Mayor Martinez referred to board and committee appointments. The following appointments were made: Arts and Cultural Commission Mayor Martinez made a motion to reappoint Cathy Harrison (Economic Development/Tourism) and Stephen Rybak (Marketing), seconded by Council Member Scott and passed unanimously. Mayor Martinez made a motion to appoint Sarah Coles (Youth/Education) and Dr. Laura Petican (Visual Arts), seconded by Council Member McIntyre and passed unanimously. Corpus Christi Page 2 Printed on 12/10/2015 City Council Meeting Minutes December 8, 2015 Human Relations Commission Mayor Martinez made a motion to appoint Laura Commons, seconded by Council Member Magill and passed unanimously. Museum of Science and History Advisory Board Mayor Martinez made a motion to reappoint Steve Arnold (Friends of the Museum), Sonia Castillo (Business Community), Anita Eisenhauer (Advisory, non-voting), Jonda Halcomb (Higher Education), Amanda Leal (Friends of the Museum), Cary Perales (K-12 Education), and Scott Sutherland (Business Community), seconded by Council Member McIntyre and passed unanimously. Mayor Martinez made a motion to appoint Ruben E. Rocha, Jr. (K-12 Education), seconded by Council Member Garza and passed unanimously. Oil and Gas Advisory Committee Mayor Martinez made a motion to reappoint Patrick McCullough (Oil Industry), Gary Meurer (General Public), William Moffitt (Oil Industry), Gerald Rogen (General Public), and Randy Schnettler (General Public), seconded by Council Member Garza and passed unanimously. Mayor Martinez made a motion John W. Newman (Oil and Gas Industry), Armando Mendez (Oil and Gas Industry, Alternate), and Elizabeth Perez (Not Connected with Oil and Gas Industry, Alternate), seconded by Council Member Magill and passed unanimously. Water Resources Advisory Committee Mayor Martinez made a motion to appoint Roberto Reece (Military Facility Representative), seconded by Council Member Garza and passed unanimously. Corpus Christi Downtown Management District Council Member Scott made a motion to appoint Cherylyn M. Boyd (Property Owner) and Lexi Buquet (Resident), seconded by Council Member Scott and passed unanimously. Port of Corpus Christi Authority of Nueces County, TX Council Member Scott made a motion to reappoint Richard Valls, Jr., seconded by Council Member Garza and passed unanimously. J. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 5 - 13) Corpus Christi Page 3 Printed on 12/10/2015 City Council Meeting Minutes December 8, 2015 Approval of the Consent Agenda Mayor Martinez referred to the Consent Agenda. There were no comments from the public. City Secretary Rebecca Huerta announced that Council Member Scott was abstaining on Item 8. Council Member Rubio requested that Item 8 be pulled for individual consideration. A motion was made by Council Member McIntyre, seconded by Council Member Garza, to approve the Consent Agenda. The consent agenda items were passed and approved by one vote as follows: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 5. Aviator Memorial Donation Agreement for Ropes Park 6. 7. 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. This Motion was passed on the Consent Agenda. Enactment No: M2015-132 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 passed on the Consent Agenda. Enactment No: 030698 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 Corpus Christi Page 4 Printed on 12/10/2015 City Council Meeting Minutes December 8, 2015 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 passed on the Consent Agenda. Enactment No: 030699 9. Interlocal Agreement with Del Mar College for training services and facilities use 10. 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 passed on the Consent Agenda. Enactment No: 030700 Second 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 (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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030701 11. Second Reading Ordinance - Rezoning Property Located at 6810 South Staples Street (FM 2444)(1st 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): Corpus Christi Page 5 Printed on 12/10/2015 City Council Meeting Minutes December 8, 2015 12. 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030702 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030703 13. 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030704 8. Professional Services Contract for Wastewater Treatment Plant Corpus Christi Page 6 Printed on 12/10/2015 City Council Meeting Minutes December 8, 2015 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. Mayor Martinez referred to Item 8, a professional services contract with Stantec Consulting Services, Inc. to development of a phased project implementation plan for the Wastewater Treatment Plant Consolidation Program. City Secretary Huerta previously announced that Council Member Scott was abstaining from this item. Council members spoke regarding the following topics: the selection of the project team members; providing transparency that Stantec Consulting Services worked previously with Goody Clancy who also subcontracted with Kailo Communications; the estimated total of the contract provided to Kailo Communications; whether an evaluation was performed on the cost to maintain and improve the six (6) existing wastewater treatment plants; how the study will determine whether consolidation of the wastewater plants is the best strategy and return on investment; the risks associated with the impacts of a natural disaster; the key deliverables of the study; and that consideration be taken to build the Greenwood Wastewater Treatment Plant at a higher level. Council Member McIntyre made a motion to approve the motion, seconded by Council Member Garza. This Motion was passed 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 Abstained: 1 - Council Member Scott Enactment No: M2015-133 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Mayor Martinez deviated from the agenda and called for comments from the public. Susie Luna Saldana, 4710 Hake!, spoke regarding transparency and the public's perception when a sitting council member's family member is involved with an agenda item. John Kelley, 3621 Austin, spoke regarding infill revitalization and the sale of City parks. Jack Gordy, 4118 Bray Drive, spoke regarding his request for a document from the United States Department of Justice grandfathering the palm trees on Airline Road from being removed. Mr. Gordy said the mediation on this item is schedule for December 17, 2015. Shirley Thornton, 1917 Woodcrest Drive, provided information on the recent Ad Hoc Residential Street Infrastructure Advisory Committee and said she has a renewed hope for the success of the committee. Ms. Thornton thanked the Corpus Christi Page 7 Printed on 12/10/2015 City Council Meeting Minutes December 8, 2015 volunteers that serve on that committee. The following individuals spoke in support of the use of hotel occupancy tax (HOT) funds for North Beach: Barbara Welder, 202 Reef Avenue; Dennis Patel, 202 Kleberg Place; Barbara Cowling, 202 Reef Avenue #502; and Carrie Robertson Meyer, 4401 Gulf Breeze. Greg Smith, 1746 Glenoak, provided an update on the following topics discussed at the December 1, 2015 Island Strategic Action Committee (ISAC): the cost estimate provided for the SPID bridge; the Mustang/Padre Island Area Development Plan; Plan CC 2035; and sand accumulation at the base of the seawall. Gerald Sansing, 5426 Chevy Chase Drive, spoke in support of Mr. Gordy's request regarding the palm trees on Airline Road. City Attorney Miles K. Risley responded to comments made by Mr. Gordy and clarified that he never stated that the Legal Department had an official letter from the Department of Justice indicating there was any grandfathering of the palm trees on Airline Road. City Attorney Risley explained that this issue was personally addressed by Human Relations Director Sylvia Wilson. Ms. Wilson contacted the Department of Justice and was informed that municipalities are not required to make every route accessible. Unless an individual is prevented from accessing government services, only one accessible route is required. In this case, there is an accessible route on the other side of the street. Carolyn Moon, 4902 Calvin, spoke regarding storm water and new construction. Abel Alonzo, 1701 Thames, spoke regarding accessibility on Airline Road and stated that the City of Corpus Christi is one of the most accessible cities for persons with disabilities. Efrain Del Prado, 4117 Angela Drive, presented a proposal to fund pothole repairs by using a percentage of debit/credit card processing fees. L. EXECUTIVE SESSION: (ITEMS 14 - 17) 14. 15. Mayor Martinez referred to the day's executive sessions. The Council went into executive session. City Secretary Huerta announced that Council Members Magill and Riojas recused themselves from portions of Item 15. Specifically, Council Member Riojas recused herself from the portion related to industrial district agreements and Council Member Magill recused himself from the portion related to annexation. Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining negotiations and/or the collective bargaining agreements between the City of Corpus Christi and the Corpus Christi Firefighters' Association. This E -Session Item was discussed in executive session. Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to 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 Corpus Christi Page 8 Printed on 12/10/2015 City Council Meeting Minutes December 8, 2015 16. 17. 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. Council Members Magill and Riojas recused themselves from portions of Item 15. Specifically, Council Member Riojas recused herself from the portion related to industrial district agreements and Council Member Magill recused himself from the portion related to annexation. Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to Interstate 37, State Highway 286, U.S. Highway 181, and existing and proposed sewer, water, street, bridge, park, and other public infrastructure in or near said highways. This E -Session Item was discussed in executive session. Executive session pursuant to Texas Government Code § 551.074 (personnel matters) to deliberate employment issues concerning the City Manager. This E -Session Item was discussed in executive session. M. PUBLIC HEARINGS: (ITEM 18) 18. 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 Corpus Christi Page 9 Printed on 12/10/2015 City Council Meeting Minutes December 8, 2015 account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 18, a public hearing and first reading for property located at 6425 King Trail. Assistant Director of Development Services Julio Dimas stated that a request was received from the applicant to table this zoning case until January 12, 2016. Council Member McIntyre made a motion to table Item 18 until January 12, 2016, seconded by Council Member Scott and passed unanimously. N. REGULAR AGENDA: (NONE) O. FIRST READING ORDINANCES: (ITEMS 19 - 30) 19. 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. Mayor Martinez referred to Item 19. Fire Chief Robert Rocha stated that the purpose of this item is to accept and appropriate a grant from Koch Companies Public Sector, LLC in the amount of $10,000. The funds will be used to purchase Hazmat Communication System Equipment. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Magill. The 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 20. 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 Corpus Christi Page 10 Printed on 12/10/2015 City Council Meeting Minutes December 8, 2015 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. Mayor Martinez referred to Item 20. Director of Public Health Annette Rodriguez stated that the purpose of this item is to accept an amendment to the Tuberculosis Prevention and Control -Federal (TB -PC -FED) Grant, which will increase the total project cost to $77,632, extend the grant through December 31, 2015, and ratify acceptance of the agreement. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 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 21. 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 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. Mayor Martinez referred to Item 21. Director of Public Health Annette Rodriguez stated that the purpose of this item is to approve the advancement, acceptance, and appropriation of funds for the 1115 Waiver - Childhood Healthy Weight Obesity Project. Ms. Rodriguez said all of the goals were met for Year 4. There were no comments from the public. Council members spoke regarding the following topics: the goals and objectives for Year 4; the percentage of students from Catholic Charities; and collaboration with partners in the community. Council Member Riojas made a motion to approve the ordinance, seconded by Corpus Christi Page 11 Printed on 12/10/2015 City Council Meeting Minutes December 8, 2015 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 22. 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. Mayor Martinez referred to Item 22. Assistant Director of Development Services Julio Dimas stated that the purpose of this item is to authorize the execution of a License for Street Right -of -Way Use with Butler & Diaz, Inc., d/b/a Yorktown Mini Storage for an advertisement sign. There were no comments from the pu blic. Council members spoke regarding the following topics: the difference between the requirements for an advertisement sign and a school zone sign; the challenges associated with the crosswalk for West Oso Independent School District; and signage allowances on Yorktown Boulevard. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Rosas. This Ordinance was passed on first reading and approved with the following vote: Aye: 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 23. 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. Corpus Christi Page 12 Printed on 12/10/2015 City Council Meeting Minutes December 8, 2015 Mayor Martinez referred to Item 23. Assistant Director of Development Services Julio Dimas stated that the purpose of this item is to exempt the property owner of Lewis & Cook Addition, Block 1, Lot 1 from paying wastewater lot and acreage fees. It is staff's opinion that wastewater facilities will not be available within the next 15 years. Planning Commission and staff recommend approval of the exemption subject to the execution of a Sanitary Sewer Connection Agreement. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Scott. This Ordinance was passed on 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 24. First Reading Ordinance - Amending the Capital Improvement Budget to execute a Master Services Agreement for On CaII Engineering Services with Solid Waste Operations 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. Mayor Martinez referred to Item 24. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to execute a master service agreement with Naismith Engineering, Inc. for On -Call Services for Solid Waste Operations. In response to a council member, Ms. Gray stated that the City does not have in-house staff with this level of expertise. There were no comments from the public. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Scott. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Garza Abstained: 0 25. First Reading Ordinance - Amending the Capital Improvement Budget to execute the Construction Contract for Tuloso Road from IH 37 to Leopard Street (BOND 2012) Corpus Christi Page 13 Printed on 12/10/2015 City Council Meeting Minutes December 8, 2015 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. Mayor Martinez referred to Item 25. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to execute a construction contract with Haas -Anderson, Inc. for the Tuloso Road, from IH 37 to Leopard Street, Bond 2012 project. Ms. Gray said the project includes full -depth repair and widening of the existing tow lane rural roadway to three -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 construction is estimated to be completed in approximately eight (8) months. Council members spoke regarding the follow topics: the length of the road from Leopard to IH 37; the bond language for this project; the reason for the turn lane for Tuloso Road; whether the turn lane can be removed; re-evaluating the design of this project and bond language; whether a recent traffic study has been done; the budgeted amount for the street construction; the definition of "obscene" and comments made by the contractor at the Ad Hoc Street Residential Street Infrastructure Advisory Committee meeting; the bidding process and the bids received; the increase to the original budget which was attributed to concerns and assumed risk working in proximity to the high pressure gas lines; the cost associated with utilities, including the curb and gutter; drainage improvement in Douglas Estates; use of concrete for this project; an explanation of the transfer of funds from the South Staples Street from Brawner Parkway to Kostoryz Road Project; and direction to evaluate cost, design and other factors. MOTION OF DIRECTION Council Member Magill made a motion directing the City Manager to bring back a resolution, after evaluating Bond 2012 language with respect to the cost, design and other factors as printed in the Bond 2012 Information Guide, seconded by Council Member Vaughn and passed unanimously. 26. 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. Mayor Martinez referred to Item 26. Assistant City Manager Gus Gonzalez stated that the purpose of this item is to amend the Code of Ordinances, Chapter 55, regarding public agency for resale water rates. The rate change will Corpus Christi Page 14 Printed on 12/10/2015 City Council Meeting Minutes December 8, 2015 affect four (4) customers. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed on first reading and approved with the following vote: Aye: 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 27. First Reading Ordinance - Transfer of City Council Member's Salary 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. Mayor Martinez referred to Item 27. City Secretary Rebecca Huerta stated that the purpose of this item is to transfer Council Member Carolyn Vaughn's annual salary and associated payroll taxes into the Residential Street Fund. Council Member Vaughn requested that her salary be applied to residential streets. City Secretary Huerta noted that Council Members Vaughn and McIntyre donated their car allowances, as part of the FY2015-2016 budget approval process, to the Street Preventative Maintenance Plan. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Magill. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 28. First Reading Ordinance - 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 Corpus Christi Page 15 Printed on 12/10/2015 City Council Meeting Minutes December 8, 2015 date for such actions; and providing for severance. Mayor Martinez referred to Item 28. Director of Human Resources Yasmine Chapman stated that the purpose of this item is approve an ordinance, required by the Texas Municipal Retirement System (TMRS), for continued funding on an "Ad Hoc" basis. Ms. Chapman explained the two funding methods for TMRS: Ad Hoc and Annual Repeating. In December 2010, the City changed to "Ad Hoc" funding as a cost saving measure. This created a long-term funding liability. The City has developed a plan to resolve this issue, which will require the City to increase the funding and change to "Annual Repeating" beginning on January 1, 2019. There were no comments from the Council or the public. Council Member Riojas made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 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 29. 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. Mayor Martinez referred to Item 29. City Treasurer Judy Villalon stated that the purpose of this item is to approve an ordinance to accept staffs recommendation to designate Frost Bank as the depository for municipal funds fora period of three (3) years to commence on January 1, 2016, with the option to renew for two additional one-year periods. Ms. Villalon presented information on the following: the Request for Application process; the factors considered during the evaluation process; and the recommendation of Frost Bank. There were no comments from the public. A council members asked questions regarding the scoring matrix; the summary of the fee schedule; and an explanation of the technical solution criteria. Council member Scott made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed on first reading and approved with the following vote: Corpus Christi Page 16 Printed on 12/10/2015 City Council Meeting Minutes December 8, 2015 Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 30. 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 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. Mayor Martinez referred to Item 30 and Future Agenda Items 31 and 32 regarding affordable housing programs. Assistant City Manager Susan Thorpe stated that at the November 17, 2015 Council meeting, staff received direction to bring back for discussion and adoption, the City's Infill Housing Incentive Program (IHIP) and the Type A Pilot Program. The plan is to implement the programs once they are adopted and provide periodic progress reports to City Council. Ms. Thorpe provided the following information: an overview of the City's Infill Housing Incentive Program, the benefits, and program guidelines; an overview of the Type A Pilot Program; and next steps. Council members spoke regarding the following: the guidelines for the Type A Program including the timing to build, sell and re -pay the loan; inclusion of the requirements at the next meeting to memorialize the process; and the revolving circulation of the Type A funds. There were no comments from 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 Scott Absent: 1 - Council Member Vaughn Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 31 - 46) Mayor Martinez referred to Future Agenda Items. Items 31 and 32 were discussed during the discussion on Item 30. City Manager Olson stated that staff had a planned presentation on Item 41. A council member requested Corpus Christi Page 17 Printed on 12/10/2015 City Council Meeting Minutes December 8, 2015 information on Item 42. City Secretary Huerta announced that Council Member Riojas would recuse herself from the discussion on Item 42. 31. 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. This Resolution was recommended to the regular agenda. 32. Resolution Approving the Program Guidelines for the Infill Housing Incentive Program (IHIP). This Resolution was recommended to the regular agenda. 33. 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. This Resolution was recommended to the consent agenda. 34. Resolution amending the Radio Communications System Interlocal Agreement to include the Nueces County Emergency Services District #3 as a participant 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. This Resolution was recommended to the consent agenda. 35. Resolution amending the Radio Communications System Interlocal Agreement to include the Nueces County Emergency Services District #6 as a participant Resolution authorizing the City Manager, or his designee, to execute an amendment to the Radio Communications System Interlocal Corpus Christi Page 18 Printed on 12/10/2015 City Council Meeting Minutes December 8, 2015 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. This Resolution was recommended to the consent agenda. 36. 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. This Motion was recommended to the consent agenda. 37. 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. This Resolution was recommended to the consent agenda. 38. Real Estate Brokerage Service for Sale of 14 Surplus Parks Motion authorizing the City Manager to execute a service agreement with The Clower Company, Inc., Corpus Christi, Texas for the sale of 14 surplus parks in accordance with Bid Event No. 64 at a commission interest rate of 4.5 percent. This Motion was recommended to the consent agenda. 39. 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. This Resolution was recommended to the consent agenda. 40. Construction Contract for Repair of City Hall Skylight and Associated Improvements Corpus Christi Page 19 Printed on 12/10/2015 City Council Meeting Minutes December 8, 2015 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. This Motion was recommended to the consent agenda. 41. Lease -Purchase Inspection Unit of One Box Van and One Mobile Camera 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 This Motion was recommended to the consent agenda. 42. 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). This Motion was recommended to the consent agenda. 43. 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. This Motion was recommended to the consent agenda. Corpus Christi Page 20 Printed on 12/10/2015 City Council Meeting Minutes December 8, 2015 44. 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. This Motion was recommended to the consent agenda. 45. 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. This Motion was recommended to the consent agenda. 46. 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. This Resolution was recommended to the consent agenda. Q. BRIEFINGS: (ITEM 47 - 48) 47. Timeline for Preliminary FEMA Flood Map Adoption Mayor Martinez referred to Item 47. Assistant Director of Development Services Julio Dimas stated that the purpose of this item is to provide a timeline for the adoption of the FEMA preliminary maps. Mr. Dimas provided the following information: a background on the FEMA maps and Community Rating System; the preliminary flood insurance maps (FIRMS) issued; the proposed timeline; the presentation on "higher standards" which will help gain more points on the rating system. Mr. Dimas said staff will be presenting more technical and higher standards information at the next presentation. Council members spoke regarding the following topics: public outreach to Corpus Christi Page 21 Printed on 12/10/2015 City Council Meeting Minutes December 8, 2015 stakeholders; the ability for stakeholders to formally challenge the maps; the date of the scheduled meeting for the Greenwood area; additional information to residents on the community outreach dates and locations; and the notification letters to property owners that have land in a flood zone. 48. Hotel Occupancy Tax (HOT) Fund use on Bay Beaches R. ADJOURNMENT Mayor Martinez referred to Item 48. Mayor Martinez recused herself from the discussion on this item. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to provide information on the use of Hotel Occupancy Tax (HOT) funds for bay beaches. Mr. Ellington provided the following information: the criteria for use of local hot funds; total budgeted amount for HOT funds; breakdown of HOT fund expenditures; and the proposed spending plan for the new state HOT funds. Council members spoke regarding the following topics: state and federal funds used on beach maintenance, shoreline protection, and nourishment projects; whether local funds could be utilized for the U.S.S. Lexington; the amount of funding expended for the convention center; initiation of a study on the return on investment before and after construction of the American Bank Center; former Council Member David Loeb's inclusion of the "tourist area amenities" expenditure; a previous request to prepare a resolution when the new state funding becomes available to maintain efforts from previous funding and increasing the efforts on beach cleaning; the ability to use local HOT funds on North Beach; clarification and a request for a formal legal opinion on the provision in Texas Local Tax Code, Chapter 351.1055(b) on whether only the revenues collected on the island can be used to fund beach cleaning; a distinction from the Convention and Visitors Bureau regarding convention business, visitor business, and business related activities driving HOT funds; an extensive review of the convention center and its deterioration; strategic use of HOT funds; whether there are constraints on the fund balance; the types of uses for the unreserved fund balance and a history of the fund balance; use of HOT funds for the entire city; consideration to give North Beach a higher percentage of state HOT funds; the need for parking signs on North Beach; payment of deferred maintenance at the American Bank Center; and whether there is a market "niche" for Corpus Christi. MOTION OF DIRECTION Council Member Magill made a motion directing the City Manager to look at the unreserved local HOT funds for tourist area amenities; previously purposed deferred maintenance funding, with emphasis on the North Beach area, seconded by Council Member Rubio and passed unanimously. The meeting was adjourned at 7:48 p.m. Corpus Christi Page 22 Printed on 12/10/2015 City Of Corpus Christi COMMITTEE FOR PERSONS WITH DISABILITIES BOARD DETAILS OVERVIEW As, SIZE 9 Seats TERM LENGTH 2 Year TERM LIMIT 6 Years CONTACT 1 ChristinaAparicio (361) 826-3190 christinaapar@cctexas.com The Committee for Persons with Disabilities provides a program to encourage, assist and enable persons with disabilities to participate in the social and economic life of the City; to achieve maximum personal independence; to become gainfully employed; and to enjoy fully and use all public and private facilities available within the community. �q DETAILS COMPOSITION Nine (9) residents of the city w ho shall be appointed by the City Council. The membership of the committee shall be composed of individuals w ith disabilities and representatives of agencies and organizations functioning within the committee's area w ho are interested in the provision of services to persons w ith disabilities and others w ho are interested in the abilities and specific needs of persons w ith disabilities, subject to Council approval. The Human Relations Administrator, Director of Parks and Recreation, and Building Official shall serve as ex -officio non-voting members. The Chairperson of the Committee for Persons w ith Disabilities shall serve as an ex -officio voting member of the Human Relations Commission. CREATION / AUTHORITY Chapter 2, Article IV, Division 23, Code of Ordinances; Ord. No. 024364 (2/13/01). MEETS 1st Wednesday of the month at 3:00 p.m., City Hall, City Council Chambers. TERM DETAILS Two-year staggered terms. DEPARTMENT Human Relations Committee for Person with Disabilities Members December 15, 2015 One (1) vacancy with term to 2/1/17. (The Committee for Persons with Disabilities is recommending the new appointment of Linda Lindsey.) Abel Alonzo COMMITTEE FOR PERSONS WITH DISABILITIES Resigned District 5 2 02/01/17 Member M. Bertha Romero COMMITTEE FOR PERSONS WITH DISABILITIES Active District 1 3 02/01/16 Member Mary Bustos COMMITTEE FOR PERSONS WITH DISABILITIES Active District 3 1 02/01/17 Member Donnie Contreras COMMITTEE FOR PERSONS WITH DISABILITIES Active District 3 Partial 02/02/17 Member Mary Wambach COMMITTEE FOR PERSONS WITH DISABILITIES Active District 2 1 02/01/16 Vice -Chair Diana Ortega-Feerick COMMITTEE FOR PERSONS WITH DISABILITIES Active District 4 2 02/01/17 Member Richard Balli COMMITTEE FOR PERSONS WITH DISABILITIES Active District 2 2 02/01/17 Chair Marshall Burns COMMITTEE FOR PERSONS WITH DISABILITIES Active District 2 1 02/01/16 Member Dalia Gutierrez COMMITTEE FOR PERSONS WITH DISABILITIES Active District 1 Partial 02/02/16 Member Human Relations Administrator COMMITTEE FOR PERSONS WITH DISABILITIES Active N/A N/A N/A Ex -Officio, Non-voting Building Official COMMITTEE FOR PERSONS WITH DISABILITIES Active N/A N/A N/A Ex -Officio, Non-voting Parks and Recreation Director COMMITTEE FOR PERSONS WITH DISABILITIES Active N/A N/A N/A Ex -Officio, Non-voting District Em.lo er LL;S` 1St Work Phone, Patrick A. Aya rzagoitia COMMITTEE FOR PERSONS WITH DISABILITIES District 2 Retired James (T.C.) Chad den COMMITTEE FOR PERSONS WITH DISABILITIES District 2 Retired Joe A. DeLaGarza COMMITTEE FOR PERSONS WITH DISABILITIES District 3 HEB 3033 S. Port Ave Corpus Christi TX 361-883-6002 Joe Luis DeLaGarza COMMITTEE FOR PERSONS WITH DISABILITIES District 3 Tracy Ferezan COMMITTEE FOR PERSONS WITH DISABILITIES District 2 Goodwill Industries of South Texas, Inc. 29615. Port Ave. Corpus Christi TX 361-884-4068 EXT. 126 Frank Gallardo COMMITTEE FOR PERSONS WITH DISABILITIES District 3 Retired Ernest Herrera COMMITTEE FOR PERSONS WITH DISABILITIES District 5 Workforce Solutions of the Coastal Bend 520 N. Staples Corpus Christi TX 361-882-7491 EXT. 728 Richard Ledesma, Jr. COMMITTEE FOR PERSONS WITH DISABILITIES District 2 Retired Linda Lindsey COMMITTEE FOR PERSONS WITH DISABILITIES District 5 Retired Robert Trevino COMMITTEE FOR PERSONS WITH DISABILITIES District 5 Corpus Christi Army Depot Corpus Christi TX 361-961-4296 Anthony Zoccolillo COMMITTEE FOR PERSONS WITH DISABILITIES District 4 Texas A&M Corpus Christi 6300 Ocean Drive Corpus Christi TX 361-825-2390 Committee for Persons with Disabilities Applicants December 15, 2015 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Nov 08, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Dr. Prefix Patrick First Name Email Address A Middle Initial Ayarzagoitia Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES 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 reti red Employer Job Title WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State Postal Code WorkAddress - Zip Code Work Phone rlbiggdaddy©gmail.com Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) High school grad Registered Voter? QQYes No Current resident of the city? Qi Yes Q No 7 yrs If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. 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 IAgree CURRICULUM VITAE Patrick Albert Ayarzagoitia Education: Degree Dates Major Institution and Location DNP 2013 Family University of the Incarnate Word, San Practice Antonio, TX MSN 2011 Family Texas A&M University, Corpus Christi, TX Nurse Practitioner AD 2005 Nursing San Antonio College, San Antonio, TX Capstone Project Prediabetes Screening Project: A preventative health measure in the Emergency Department Professional Certification/Licensure RN/FNP-BC, Family Nurse Practitioner, Texas 2011 Employment Academic Employment Dates Title Institution or Business 9/2015- Assistant Professor Texas A&M Corpus Christi, Corpus present Christi, TX 1/2013- Adjunct Clinical Faculty Texas A&M Corpus Christi, Corpus 9/2015 Christi, TX Clinical Employment Dates Rank or Title Institution or Business 10/2014- FNP -BC EmCare —staffing at various Christus Spohn present Emergency Departments Patrick A. Ayarzagoitia 8/2014- FNP -BC WeIIMed Memorial, Corpus Christi, TX 9/2015 7/2012- FNP -BC Dr. Francisco Cuya, Corpus Christi, TX 8/2014 Other Scholarly Teaching, Mentoring and Curricular Achievements Presenter/Instructor -Basic Suture Class for FNP students, Corpus Christi, TX 2/2015 SCHOLARSHIP/CREATIVE ACHIEVEMENTS Non -Refereed Publications or Other Creative Achievements- Ayarzagoitia, P.A. (2015, February 17). Helping ease primary care shortage. Corpus Christi Caller Times. Retrieved at www.callertimes.com Ayarzagoitia, P.A. (2014, December 31). Another health care hero. Corpus Christi Caller Times. Retrieved at www.callertimes.com. Ayarzagoitia, P. A. (2006). White Uniforms: Making a comeback or all washed up? Nursing 2006. 36(2), 43. PROFESSIONAL SERVICE Service Activities for the Component, College, University College Activities Dates of Service FNP Student Orientation Participant 8/2015 FNP Student Skills Seminar 9/2015 White Coat Ceremony Participant 9/2015 Service to the Profession Activities President Coastal Bend Advanced Practice Nurses Group Dates of Service 3/2015 -present 2 Service to the Community Activities Volunteer, Catholic Charities, Corpus Christi, TX OTHER Patrick A. Ayarzagoitia Dates of Service 1991 -present Significant Professional Development Activities NPACE Primary Care Conference, Boston MA Attendee 11/2014 Action Stat Wound Closure (Suturing) Academy Attendee 4/2015 3 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Aug 12, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Email Address James (T.C.) First Name Middle Initial Chadden Last Name Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES 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=M Primary Phone Alternate Phone Retired Employer Job Title WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State WorkAddress - Zip Code Work Phone tcmm1948@gmail.com Work E-mail address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Retired United States Army Veteran Formerly a Certified Appraiser/Home Inspector Broadmoor Senior Center Participant Registered Voter? QYes No Current resident of the city? DYes No 67 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information 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: Aug 26, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Joe A. DeLaGarza Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES 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. 111111111111111111. 11111101.1.1111 Primary Phone Alternate Phone HEB Employer 3033 S. PortAve WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City TX WorkAddress - State 78405 Loss Prevention Partner Job Title WorkAddress - Zip Code 361-883-6002 Work Phone joeangeldelagarza©yahoo.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) Participates in Wheelchair Basketball Volunteers for HEB Community Functions 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. 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 IAgree BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Aug 26, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Joe Luis Prefix First Name Middle Initial Email Address DeLaGarza Last Name Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES 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. Primary Phone Alternate Phone Employer Job Title WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State WorkAddress - Zip Code Work Phone jdelagarza5O©yahoo.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) Volunteer for Beach to Bay Registered Voter? QYes 0 N Current resident of the city? Qi Yes 0 N 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. El IAgree BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jul 29, 2013 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Tracy Prefix First Name Email Address Middle Initial Ferezan Last Name Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES 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. Primary Phone GOODWILL INDUSTRIES OF SOUTH TEXAS, INC. Employer 2961 S. PORTAVE. WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78405 Alternate Phone DIRECTOR OF MISSION SERVICES WorkAddress - Zip Code 3618844068 EXT. 126 Work Phone Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) HOMELESS ISSUES PARTNERSHIP BOARD MEMBER AT LARGE I CONDUCT RESUME WORKSHOPS AT THREE RIVERS FEDERAL CORRECTIONAL INSTITUTE. KEYNOTE SPEAKER FOR GED GRADUATION AT THREE RIVERS FCI (2013) ACTIVE MEMBER OF EMPLOYMENTALLIANCE FOR PEOPLE WITH DISABILITIES (EAPD) TEXAS REHABILITATIVE ASSOCIATION NETWORK TEXAS HOMELESS NETWORK Registered Voter? QQYes No Current resident of the city? QQYes No 4 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information 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 IAgree BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Nov 05, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Frank Gallardo Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES 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. Primary Phone Alternate Phone HEB Grocery Company -Truck Driver Employer WorkAddress- Street Address and Suite Number WorkAddress - City 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) PTA MEMBER 1983-1990 WEST OSO SCHOOL BOARD 1983-1989 SERVED AS PRESIDENT (1983- 1985) AND VICE PRESIDENT (1986-1989) RETIRED FROM HEB 28 YEARS AS A TRUCK DRIVER Registered Voter? QQYes No Current resident of the city? QQYes No 60 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic 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 IAgree BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jul 26, 2013 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Ernest Prefix First Name Email Address Middle Initial Herrera Last Name Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES 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. 1111111111101111111111 Primary Phone WORKFORCE SOLUTIONS OF THE COASTAL BEND Employer 520 N. STAPLES WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78401 411110101.111111111 Alternate Phone JF-' VALID I, I-'UIN I Ur ULAN IH T FOR PEOPLE WITH DISABILITIES WorkAddress - Zip Code 361-882-7491 EXT 728 Work Phone Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) WORKFORCE SOLUTIONS REPRESENTATIVE FOR SOCIAL SECURITY PROGRAM; TICKET TO WORK, WORKING WITH PERSONS RECEIVING SOCIAL SECURITY DISABILITY INSURANCE OR SUPPLEMENTAL SECURITY INCOME. MEMBER REPRESENTATIVE: EAPD (EMPLOYMENTALLIANCE FOR PEOPLE WITH DISABILITIES), CRCGA (NUECES COUNTY COMMUNITY RESOURCE COORDINATION GROUP -ADULT) (HOMELESS ISSUES PARTNERSHIP) RESOURCE FAIR, SECOND CHANCE JOB FAIR GOODWILLANNUALJOB FAIR Registered Voter? QQ Yes No Current resident of the city? QQYes No 22 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® 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. ® !Agree BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Dec 02, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Email Address Richard Ledesma Jr. FirA Name Middle Last Name ..r.. _.. Initial Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES 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. Primary Phone Alternate Phone Retired Employer Job Title WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State 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) Retired from Walmart, 21 years. St. Cyril & Methodius Catholic Church - Ministry with Retreats Diocese of Corpus Christi - Prison Ministry (McConnell in Beeville, Texas) Registered Voter? QQYes No Current resident of the city? QQYes No 40 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. El IAgree BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Apr 02, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Linda Lindsey Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES 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. vOMINN=M Primary Phone Alternate Phone Employer Job Title WorkAddress- Street Address and Suite Number WorkAddress - City 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) RETIRED TEACHER/COACH (26 YEARS) - UNDERGRADUATE FROM TEXAS TECH UNIVERSITY 1985 UNDERGRADUATE PHYSICAL EDUCATION TEXAS A&M UNIVERSITY -CORPUS CHRISTI 1998 MASTER'S DEGREE IN EDUCATIONALADMINISTRATION 24 GRADUATE HOURS IN SPECIAL EDUCAITON - MY PASSION IS FACILITATING STUDENTS AND SPECIAL NEEDS PERSONS TO BE "THE BEST THEY CAN BE" THROUGH EDUCATION, SPORTS, RECREATION AND COMMUNITY INVOLVEMENT HUSBAND IS RETIRED MILITARYCURRENTLYWORKING OVERSEAS. INVOLVED WITH 2ND BAPTIST CHURCH CC Registered Voter? QQ Yes No Current resident of the city? QQYes No 2 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information 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 swear that all of the statements included in my application are true and correct. ® IAgree BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: May 06, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Robert Trevino Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? AIRPORT BOARD, COMMITTEE FOR PERSONS WITH DISABILITIES, MUSEUM OF SCIENCE AND HISTORYADVISORY 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. 111111111.1.1110111 VIMMIE11.11 Primary Phone Alternate Phone CORPUS CHRISTI ARMY DEPOT Employer WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State SUPERVISOR/DIRECTORATE OF MFG./PROC. PRODUCTION 78419 WorkAddress - Zip Code 361-961-4296 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) GRADUATE OF INCARNATE WORD ACADEMY. B.S. IN PROFESSIONALAERONAUTICS (EMBRY RIDDLE AERONAUTICAL UNIVERSITY). RETIRED UNITED STATES ARMY (AIR TRAFFIC CONTROLLER). Registered Voter? QQ Yes No Current resident of the city? QQYes No 9 If yes, how many years? TREVINO.pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® 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 swear that all of the statements included in my application are true and correct. ® IAgree 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 CITY BOARD, Submit Date: Nov 10, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Dr. Anthony Zoccolillo Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES Street Address Suite orApt City State Postal Code District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 1161111.1.111 11.00MIRMIS Primary Phone Alternate Phone Texas A&M Corpus Christi Employer 6300 Ocean Drive WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City TX WorkAddress - State 78412 Professional Assistant Professor WorkAddress - Zip Code 361 825 2390 Work Phone anthony.zoccolillo@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: Education, Professional and/or Community Activity (Present) Board of Directors -Autism Spectrum Resource Center Registered Voter? QYes No Current resident of the city? DYes No 2 years 3 months If yes, how many years? AnthonyZoccoli IIoCV.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. El IAgree • Anthony M. Zoccolillo, Ph.D. Zoccolillo 1 EDUCATION 2008 Capella University, Minneapolis, MN Doctor of Philosophy in Psychology Concentration: Educational Psychology Dissertation topic: An Exploration of Multicultural Competence among Master Teachers. Advisor: Yuliang Liu, Ph.D. 1996 — 1998 Seton Hall University, South Orange NJ Clinical Psychology Doctoral Program 1996 Jersey City State College, Jersey City, NJ Master of Arts, Educational Psychology 1992 Seton Hall University, South Orange, NJ Bachelor of Arts, Psychology AWARDS 2005 Ron Taylor Award — National Award for Academic Excellence 2005 DeVry University Innovative and Creative Teaching Award 2004 DeVry University Student Success Award RELATED WORK EXPERIENCE 8/13 - Present Professional Assistant Professor of Psychology Texas A&M University, Corpus Christi, TX Teach multiple large sections of lower level requirements and upper level electives, including preparation, grading and course management. Work cooperatively with First Year Seminar teachers in the delivery of a cohesive first year learning community. Maintain regular office hours to be available to consult with students on matters of course work, degree requirements, and post graduation plans. Coordinate interdepartmental and core curriculum assessment plan. Participate in service to the department, college and university involving academic, professional, and student developmental issues. Maintain proper levels of training in the areas of assessment, educational technology, and professional conduct. Supervision of teaching, grading, and graduate assistants. Zoccolillo 2 1/12-7/13 Instructor 5/09-1/12 Instructor/Manager of Academic Programs Rutgers, The State University of NJ, New Brunswick, NJ Taught multiple sections of junior and senior level psychology core courses and electives including Experimental Psychology, Abnormal Psychology, Critical Thinking and selected Special Topics courses. Managed all aspects of academic partnership between Rutgers University - University College and Raritan Valley Community College including course offerings and scheduling, marketing and recruitment, and student advising and services. Planned and carried out all assessment activities. Worked with staff members from the host college to disseminate partnership information and ensure programs offered are meeting the goals of Raritan Valley Community College and Rutgers University. Consulted on all issues of future community college partnership expansion. 1/08 — 7/09 Assistant Professor of Psychology The College of New Jersey, Ewing, NJ Taught multiple sections of General Psychology, Abnormal Psychology and Research Methods and Tools. Participated in depart rental and college -wide committees involving academic, professional, and student development issues, as instructed. Sponsored and supervised off campus student internships. Worked with faculty members to improve delivery and assessment of Psychology core courses. Maintained a strong commitment to the teaching and learning process as well as maintaining a student -centered focus. Utilized multiple assessment tools to monitor student performance to help all students achieve course goals Encouraged students to participate in scholarly activities including data collection, literature review, and data analysis. Participated in service to the department, college, and community. 9/06 — 7/07 Associate Professor of General Education/Director of Institutional Research, DeVry University, North Brunswick, NJ Taught a variety of first and upper term courses including Psychology, Social Psychology, Culture and Society and Critical Thinking Assisted in the creation of system wide curriculum guides for upper level social science electives. Taught coursework in a variety of delivery modalities including traditional, accelerated, on- line, and hybrid/mixed models. Assisted in the hiring, training, and evaluation of adjunct faculty members. Responsible for implementing and directing academic institutional research, including giving presentation of findings to various constituent groups. Assisted in the formation and administration of Center for Teaching Excellence (CETL). Worked with various faculty members and administrators in the assessment and delivery of general education/technical curricula. 7/03 — 9/06 Assistant Professor of General Education/Director of Institutional Research, DeVry University, North Brunswick, NJ 7/01 — 7/03 Instructor/Director of Institutional Research, DeVry University, North Brunswick, NJ Zoccolillo 3 12/02 — 6/07 Student Services Generalist, Brookdale Community College, Freehold, NJ Responsible for assisting in the management of the daily operations of a Branch Campus. Primary responsibilities included: student counseling, services, and development, master schedule generation, supervision of paraprofessional staff, and liaison with Rutgers - The State University of NJ. Served as the principal institutional research support for entire HEC department, including the New Jersey Coastal Communiversity. 7/99 — 7/01 Academic Advisor - First Year Information Center, DeVry College of Technology, North Brunswick, NJ Provided academic advisement for first and second term students. Trained, supervised, and mentored student peer advisors. Provided personal and career advisement and referrals to appropriate campus support services. Created and maintained departmental web page and other electronic advising initiatives. Planned and executed campus -wide retention initiatives. Tracked and documented efficacy of advisement services and provided department and academic deans with institutional research support. 8/96 — 8/98 Mentor - Freshman Studies Program, Seton Hall University, South Orange, NJ Provided academic advisement for first-year students and undecided upper-class students. Taught several sections of Freshman Seminar each Fall semester. Provided referrals for academic or student support services. Collaborated closely with all students to help facilitate transition to college life. Trained, supervised, and mentored student peer advisors. OTHER WORK EXPERIENCE 11/04 — Present Board of Directors, Austism Spectrum Resource Center, Corpus Christi, TX Consult with local nonprofit organization on issues concerning provision of services, fiscal management, and fundraising. Serve as liason between organization and local community partners. 9/92 — 8/13 Consultant, New Horizons in Autism, Cranbury, NJ Provide weekly in-home respite care. Design and implement behavior modification programs. Consult with family on issues concerning autism. Provide recreational, social, and educational programming Act as a crisis, information, and advocacy resource. 11/96 — 11/98 Community Living Advisor, Options, Port Reading, NJ Provided consultative services to residential clients living in supervised housing programs throughout Middlesex County. Zoccolillo 4 11/95 — 11/96 Residential Coordinator, Options, Port Reading, NJ Provided direct on-site supervision and in-service training for all program managers. Oriented all new agency staff and assisted with the development and coordination of all agency Individual Habilitation Plans. Assisted Director of Residential Services in all areas of departmental expansion and supervision. Collaborated with State of New Jersey Department of Developmental Disabilities on issues surrounding referrals for service or respite. 5/93 — 11/95 Senior Manager, Options, Port Reading, NJ 9/07 — 7/13 9/08 — 7/13 1/05 — 5/08 8/99 — 12/07 1/99 — 1/02 1/98 — 12/00 8/96 — 12/00 Provided daily operational supervision of a residential group home for adults with developmental and psychiatric disabilities. Acted as primary training and advocacy resource of all program managers. ADJUNCT TEACHING EXPERIENCE Rutgers, The State University of New Jersey Courses taught: Abnormal Psychology, Psychology and Popular Culture, Principles of Psychology (online) The College of New Jersey Courses taught: Research Methods, Abnormal Psychology, General Psychology Brookdale Community College Recurrent guest lecturer — Honors Seminar: Mirrors of Madness Topic: Mental Illness and the Movies Brookdale Community College Courses taught: Introduction to Psychology I & II, Abnormal Psychology Monmouth University Courses taught: Crisis Intervention, Educational Psychology, Introduction to Psychology Raritan Valley Community College Courses taught: Introduction to Psychology, Abnormal Psychology Seton Hall University Courses taught: General Psychology, Senior Research Seminar, Freshman Seminar PEER REVIEWED PUBLICATIONS Zoccolillo, A.M. (2009). Using popular film to teach General Psychology. Academic Exchange Quarterly, 13(1), 194-199. Zoccolillo 5 MANUSCRIPTS IN PREPARATION Zoccolillo, A.M. (manuscript in preparation). The relationship between multicultural training and multicultural competence in master psychology teachers. Zoccolillo, A. M. & Drapkin, M. (manuscript in preparation). Multicultural competence: From the couch to the classroom. PRESENTATIONS Zoccolillo, A. (2007, July). "Crash" into me: The use of a major motion picture as a tool to understanding research in a social psychology course. Poster presented at 2007 International Conference on the Teaching of Psychology, Vancouver, British Columbia. Zoccolillo, A. & Finn, K. L. (2005, January). The Hurricane — Fact or Fiction?: Using a cinematic approach to the teaching of social psychology. Poster presented at 27th Annual National Institute of the Teaching of Psychology Conference, St. Petersburg, FL. Finn, K L & Zoccolillo A. (2004, January). Team teaching a Culture and Society course from a sex and gender perspective. Poster presented at the 26th Annual National Institute for the Teaching of Psychology Conference, St. Petersburg, FL. UNIVERSITY SERVICE • Chair: Assessment Committee (DeVry University) • Chair: HEC Institutional Research Committee (Brookdale C. C.) • Co -Chair: Academic Administration Committee (Brookdale C.C.) • Faculty Advisor — Psychology Club • McNair Scholars Student Mentor • Department of Psychology Course Sequencing Committee • Depaitmnent of Psychology Assessment Committee • Core Curriculum Resource Group • Texas A&M First Year Learning Communities Program • Social Science Curriculum Development Committee • Student Ambassador Training Committee • Western Monmouth Branch Campus Master Plan 2015 Steering Committee • Retention Committee • Faculty Enrollment Support Team • Freshman Orientation Committee • Academic Management Committee • Faculty Mentor • Faculty Advisor — DeVry Diversity Club • Faculty Advisor — DeVry Athletic Club City Of Corpus Christi CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT BOARD DETAILS OVERVIEW SIZE 5 Seats TERM LENGTH Ye TERM LIMIT CONTACT 1 Jeannie Holland 0 (361) 826-3381 jeannie@cctexas.com The Corpus Christi Aquifer Storage and Recovery Conservation District develops and protects municipal aquifer storage areas created by the City of Corpus Christi. The district may implement and develop aquifer storage and recovery projects. �q DETAILS COMPOSITION Five (5) directors appointed by the City Council to serve four-year staggered terms. If a vacancy occurs on the board, the board may appoint a director to serve the remainder of the term. The board shall annually elect officers and officers must be confirmed by the City Council. The initial directors shall draw lots to determine w hich three (3) directors shall serve four-year terms that expire at the end of the calendar year four years after the effective date of the Act, and which tw o directors shall serve two-year terms that expire at the end of the calendar year two years after the effective date of the Act. CREATION / AUTHORITY H.B. 3513 effective 6/18/05. MEETS On Call TERM DETAILS Four-year staggered terms. DEPARTMENT Water Department Corpus Christi Aquifer Storage and Recovery Conservation District December 15, 2015 Two (2) vacancies with terms to 12/31/19. (City Manager Ron Olson recommends the reappointments of Gustavo Gonzalez and Dan McGinn.) 1 i E "11. Gustavo Gonzalez CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT Seeking reappointment 1 12/31/15 Vice -President Dan McGinn CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT Seeking reappointment 1 12/31/15 Member Tom Tagliabue CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT Active 1 12/31/17 Member Fred Segundo CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT Active 2 12/31/17 Secretary Margie Rose CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT Active 1 12/31/17 President City Of Corpus Christi CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPM ENT CORPORATION BOARD DETAILS SIZE 22 Seats TTERM LENGTH 3 Years OVERVIEW TERM LIMIT 6 Years CONTACT 1 Mike Culbertson 0 (361) 882-7448 mculbertson@ccredc.com The Corpus Christi Regional Economic Development Corporation performs as an advisory board to the City Council and investigates and recommends to the Council such projects as in its opinion would be advantageous to the future growth of the City and to assist the City in the establishment and location of industries. �q DETAILS COMPOSITION Seventeen (17) Directors, of w hich six (6) are designated by the City of Corpus Christi to represent the public sector; one of w hich shall be the Mayor of the City of Corpus Christi and another a Council member appointed by the Mayor. The remainder of the Board shall be comprised of not more than seven (7) Directors to represent the private sector elected by the Corporation's membership in accordance w ith its bylaws. Representing the public sector, two (2) shall be appointed by the Port of Corpus Christi Authority, and up to two (2) designated by any other governmental entities that each contribute at least $50,000 annually to the Corporation. The Board may also consist of such additional, non-voting, ex - officio Directors as determined by resolution. The directors shall serve not more than two, consecutive, three-year terms as provided in the Corporation's bylaws; provided that the term of office of any director w ho is a public official shall coincide w ith his or her term of public office. CREATION / AUTHORITY Corporation established under 501(c) (6) of the Internal Revenue Code and its regulations. M2000-31, 1/25/00; M2000-53, 2/22/00; M2004-382, 10/12/04. Amended Bylaws July 2010. MEETS 2nd Thursday of every month at 7:30 a.m., Omni Hotel. TERM DETAILS Three-year staggered terms. DEPARTMENT C.C. Regional Economic Development Corporation Name Board Name Status District End Date Office Position Attendance Corpus Christi Regional Economic Development Corporation December 15, 2015 Two (2) vacancies with terms to 12/31/18. Jerry Dewbre Toby Hammett Futrell CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION Seeking reappointment District 1 CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION Seekinerea000intment District4 1 12/31/15 Partial 12/31/15 City City 100% 12/12 100% 2/2 Leona Keys Nelda Martinez Gabriele Hilpold Ronald Olson Johnna Jones Gabriel Guerra Alfred "AI" Jones County Judge Loyd Neal Elizabeth Chu Richter County Judge Terry Simpson Rudy Garza Adam Smith Steve Woener John LaRue David Krebs Flavins Killebrew Willard Hammonds, Jr. Richard Valls, Jr. Joe Adame David Engel CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION Active Active Active Active Active Active Active Active Active Active Active Active Active Active Active Active Active Active Active Active Other / Non -Resident 'MI WWI r District 5 District4 District4 District4 District4 N/A Del Mar Ex -Officio, Non-voting 2 11/01/16 Mayor City Term of Office, Voting 1 12/31/17 City N/A City Manager City Ex -Officio, Non-voting 1 12/31/15 Membership 1 12/31/17 Membership Vice -Chair 1 12/31/17 Membership Chair N/A 1 12/31/15 N/A 2 11/01/16 1 12/31/16 2 12/31/16 N/A N/A N/A 2 12/31/16 1 12/31/17 1 12/31/17 1 12/31/17 Judge Nueces Count, Ex -Officio, Non-voting Membership Judge San Pat. Cnty Continuous, Voting City Term of Office, Voting Membership Treasurer Membership immediate Past Chair Port Director Port Authority Ex -Officio, Non-voting Mayor Portland Continuous, Voting TAMUCC Ex -Officio, Non-voting City Port Authority Membership Port Authority Secretary Name District Em lo er Work Phone Work Address E. V. Chip" Bonner CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION District 4 BAYSHORE ASSOCIATES LLC 361-510-1661 P.O. Box 9400 Corpus Christi TX Derek Burgess CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION District 4 RAIN FOR RENT 361-881-1346 433 N. Navigation Blvd. Corpus Christi TX Richard Burns CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION District 5 ALINEAR SOLUTIONS -MANAGEMENT SOLUTIONS OF SOUTH TEXAS Larry R. Elizondo, Sr. CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION District 5 CITGO PETROLEUM CORPORATION Martin L. Evans CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION District 5 FREEDOM INVESTMENT COUNSEL LLC 101 North Shoreline Blvd., Ste. 560 Corpus Christi TX John Garcia CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION District 1 COMFORT SUITES 361-991-7100 1814 Ennis Joslin Road Corpus Christi TX Corpus Christi Regional Economic Development Corporation Applicants December 15, 2015 Eldon McQueen CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION District 1 SIKORSKY AIRCRAFT COMPANY-CCAD 361-961-1403 Hangar44 Corpus Christi TX Scott H. Mesmer CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION District 4 CAE 361-944-8401 Corpus Christi TX Morgan Spear CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION District 4 MORGAN SPEAR ASSOCIATES 361-883-5588 225 S. Carencahua Corpus Christi TX Diana Summers CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION District 4 HOGAN HOMES 512-994-8786 400 Mann St. Corpus Christi TX BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jan 08, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile V. E. "Chip" Prefix Fir Name Middle Initial Email Address Bonner Last Name Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION Street Address Suite orApt City State Postal Code District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 1161111.1.111 Primary Phone Alternate Phone BAYSHORE ASSOCIATES LLC PRESIDENT Employer Job Tit`a P.O. BOX 9400 WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78469 WorkAddress - Zip Code 361-510-1661 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) BS IN BUSINESS WITH EMPHASIS IN FINANCE AND ACCOUNTING FROM TRINITY UNIVERSITY (1978) JD FROM ST MARY'S UNIVERSITY SCHOOL OF LAW (1981) 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. 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 IAgree BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Apr 21, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Derek Burgess Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION Street Address Suite orApt City State Postal Code District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. vOMINOMM Primary Phone Alternate Phone Rain For Rent Sales Representative Employer Job Title 433 N. Navigation Blvd WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City Tx WorkAddress - State 78408 WorkAddress - Zip Code 3618811346 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) BA communications from TAMUCC; years of coaching youth football and kickball; former member of the Red Cross board; former BNI president; actively involved in oil & gas through my work Registered Voter? QYes No Current resident of the city? D Yes Q No 25 If yes, how many years? Derek BurgessResume.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 IAgree Derek Burgess Medical and/or Technical Sales Candidate Career Summary: Degreed sales and marketing leader with a solid background in the technical and medical/health industries. Proven business developer and team manager, successful at qualitative and quantitative market growth. Driven by goal attainment. Core Competencies Sales and Marketing: Over 10 years' experience in sales and marketing while working in highly competitive industries. Able to plan and execute sales strategies, territory management and client retention. In-depth functionality utilizing professional networking, social media, and a honed skill set that includes cold -calling, and "getting past the gate keeper" techniques. Recognized as a business -minded sales leader by management. Timely reporting to stakeholders. Operations Management: Established history of managing and growing businesses. Concentration on profitability and customer service. Team development and enrichment to conquer key initiatives. Analytical and Technical Aptitudes: Experienced CAD Engineer, with 10+ years' of reporting to civil engineering teams and Federal/State/County agencies, utilizing a high -degree of analytical and technical expertise. Health/Medical: Educated and licensed to analyze and remediate unhealthy and unsafe home/office/commercial building conditions. Worked directly with the U.S. Department of Health. Subject Matter Expert in mold and lead identification and proper extraction/remediation. RMSR Certified and scheduled to take the Texas Life and Health Licensing Exam in March. Career History: Blackbird Remediation, Corpus Christi, TX 2013 -Present President Direct marketing to insurance agents and adjusters, property managers and realtors. Clientele includes homeowners to CEOs, laymen to millionaires. • Responsible for all drafting and permit applications with the city • Market directly to homeowners and property managers to sell duct -cleaning services • Perform large and small mold -remediation projects with a license from the Dept. of Health PuroClean Restoration Services, Corpus Christi, TX 2010-2013 President Built local franchise from the ground up by consistently marketing directly via cold -calls and relationship building to Insurance Agents and adjusters, property managers and realtors. Handled all sales, purchasing, project management and marketing. Trained and managed inside/outside teams. • IIRC Certified - WRT, FSRT; EPA Lead -safe certified; Approved CE Instructor • President of BNI for one-year full-term Voss Engineering, Inc., Corpus Christi, TX 1997-2010 CAD Engineer/On-Site Inspector • Analyzed and produced foundation designs for civil engineering firm • Performed on-site inspections on new and existing construction • Assisted in field survey operations • Produced all survey drawings from 2005-2010 Padre Computers, Corpus Christi, TX 2002-2005 Partner Co -managed the start-up of a new computer repair/service/sales company • Managed all repairs for first year, sales & marketing for three years, including door-to-door sales • Helped make company profitable until sold to competitor Education: Texas A&M — Corpus Christi, Corpus Christi, TX; B.A. in Communications; Consistent Dean's List Member Texas A&M — Corpus Christi, Corpus Christi, TX; Studied Electrical Engineering; Maintained 4.0 average with full class schedule and working 40 -hour work week BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Mar 03, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Richard Burns Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, PLANNING COMMISSION 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 HLINLHK JULU 1 IVINJ- MANAGEMENT SOLUTIONS OF SOUTH TEXAS Employer WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State Alternate Phone CEO Job Title 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) MBA, AUBURN UNIVERSITY ALABAMA BA, UNIVERSITY OF NORTH CAROLINA, CHAPEL HILL, NC COMMUNITYACTIVITY: LIFE TEEN VOLUNTEER, CHURCH PREVIOUS: GREATER AUSTIN AT WORK TASK FORCE; PRESIDENT, CENTRAL TEXAS DIVERSITY COUNCIL SEE ATTACHED RESUME Registered Voter? QQYes No Current resident of the city? QQYes No 3 If yes, how many years? BURNS2.pdf Upload a Resume BURNS.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. 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. Z 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 PERSONAL INFORMATION RICHARD J. BURNS ("RICH") EDUCATIONAL BACKGROUND Auburn University MBA University of North Carolina, Chapel Hill BA Summary: Accomplished Human Resources Professional (15 years' experience) with highly developed HR technical skills (HMS, MS Office, data reporting systems).. Highly experienced in employee skills assessments, job analysis, compensation structures. "Voices" (360 assessment) certified. Former Naval Aviator with extensive leadership experience of high performing teams. Served on the staffs of Chief of Naval Air Training and Commander Naval Air Forces Pacific Fleet in training standardization and manpower analysis capacity. Served as Commanding Officer NAS Pensacola and managed Civil Service function in that capacity. Excellent interpersonal skills --collaborative. Accomplished presenter and trainer. Extensive experience providing consultation and creative solutions to leaders and decision makers on HR issues, policies and laws. Currently manage an HR shop of 4 professionals. PROFESSIONAL EXPERIENCE THE UNIVERSITY OF TEXAS AT AUSTIN 2000 to January 2015 Austin, Texas The University of Texas at Austin is the Flagship of the University of Texas System. The University is a highly complex organization with approximately 50,000 students and 23,000 employees. In addition to the main campus, there are other research and satellite facilities in Austin as well as the MacDonald Observatory in Fort Davis, Texas and the Marine Science Institute in Aransas Pass. The University is one of the largest institutions of higher education in the country. ASSOCIATE ATHLETICS DIRECTOR FOR HUMAN RESOURCES Lead and Manage all HR functions for the NCAA Division! Athletics Department—a staffof400 permanent employees and 700 part time and temporary employees (state employees). Major departments include finance, facilities operations and maintenance, sports administration, event operations, communications, marketing and the Longhorn Foundation (fund raising), the Erwin Center entertainment facility. HR team supports ail human resources functions including recruiting, compensation, compliance, time and attendance, employee relations, training and development, benefits and salary administration, workers compensation. Works closely with risk management. DIRECTOR, STAFFING AND CAREER MANAGEMENT SERVICES Manage a team of human resource professionals providing services to campus clients in the areas of managing talent— recruitment, retention, compensation, job analysis, job design, compliance, diversity and compliance. Provide consultation to campus leaders and managers on recruitment and retention strategies, long range human resource strategic planning and organizational design. Use state of the art tools for developing salary structures, compensation analysis, and organizational analysis. Design and develop electronic solutions to automate processes. Serve as member of the Human Resource Services Management Team. Currently serve as consultant in human resource generalist role. Presented at numerous meetings and conferences including Texas Workforce Commission, Greater Austin At Work, WorkSource and the Texas Diversity Council state-wide conference. BLUE CROSS AND BLUE SHIELD OF FLORIDA 1995-2000 Jacksonville, Florida Blue Cross and Blue Shield is the largest health insurer in Florida -9000 employees—home based in Jacksonville with offices in Miami, Tampa, Orlando and Pensacola. It is rich in technology and human systems required to service the health insurance needs of its millions of members DIRECTOR, HUMAN RESOURCES (HRIS & PROJECTS) Had hands on leadership accountability for the implementation of PeopleSoft HR and Payroll (HRMS) plus eLabor Time and Attendance Management System (TAMS). SIOM project encompassed employee administration, benefits, compensation and payroll. Project (Phase 1) was completed on time and under budget. 30 project team members reported to me through a project management office (PMO). Cross functional team consisted of HR and Payroll professional staff, IT technical and systems integration partner --KPMG. Recognized for leadership and results. UNITED STATES NAVY Numerous leadership assignments and achievements as a successful career Navy Pilot flying advanced fighter jets aboard aircraft carriers. Experience included 5000 flight hours and flying operational missions during hostilities. Served as Squadron Commander, and Deputy Carrier Air Wing Commander and large base commander (Pensacola Naval Air Station). During career, consistently rose to positions of increased accountability and leadership in an organization that is complex and mission oriented in a global perspective. March 3, 2015 Ms. Rebecca Huerta City Secretary City of Corpus Christi, Texas Dear Ms. Huerta, Richard Burns Please accept my application for membership on City of Corpus Christi's boards, commissions, and committees. I have been residing in Corpus Christi since July, 2012 with my wife Penny, however, my association and with Corpus and the Coastal Bend goes back quite a bit longer. I met my wife while I was a Navy flight instructor at NAS Chase Field, Beeville after which we transferred Chief of Naval Air Training (1980), NAS Corpus Christi. Our son and grandson were both born in Corpus Christi. 1 am a graduate of the University of North Carolina, Chapel Hill and received a Masters in Business Administration from Auburn University, Alabama. As a former Navy Pilot, l served as Squadron Commander, Deputy Air Wing Commander and then Base Commander of Naval Air Station Pensacola, Florida—with its large, deep water port and high volume air field. After the Navy, I joined Blue Cross and Blue Shield of Florida in Jacksonville, Florida, where I served as Director of Human Resources Information Systems; and then became project leader for the purchase and implementation of PeopleSoft human resources management system, a $9M project, managing a team that consisted of 30 staff. In 2000 we returned to Texas and 1 began employment with the University of Texas at Austin (19,000 employees). I served as Associate Athletics Director for the NCAA Division 1 Athletics Department human resources function. The Longhorns Athletics Department had 400 permanent and 700 employees, with a budget of $160M. I left the University last month, January of 2015. I have a strong background in leadership roles in both the private and public sectors. 1 am anxious to serve in the community in areas where my experience will help. Please do not hesitate to contact me if you have any questions. I am attaching my application and resume. Sincerely, Rich Burns BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jan 21, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Larry Prefix First Name Email Address R. Middle Initial Elizondo Last Name S r. Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION 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. 111111111111111.1111111 Primary Phone CITGO PETROLEUM CORPORATION Employer WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State Alternate Phone KLIININC., C.DUVLKNIVILN 1 HNU PUBLIC AFFAIRS AND LEGISLATIVE AFFAIRS 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) SEE ATTACHED RESUME Registered Voter? QQYes No Current resident of the city? QQYes No 55 If yes, how many years? ELIZONDO.pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information 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 - Profile Larry R. Elizondo, Sr. Manager, Corporate Social Responsibility, Refining G&PA and Legislative Affairs Mr. Elizondo has proven himself a valued leader in the Corpus Christi community with professional accomplishments such as successfully managing over $668 million of public funds, and maintaining an outstanding record while serving the largest employer in Corpus Christi. Larry is an adept negotiator and critical thinker, and has extensive knowledge of industry and government regulations. These skills have allowed Larry to serve the citizens of Corpus Christi in many capacities. • Extensive Experience & Expertise • Management - World Class Turnaround Management and supervisory training • Certified as a process technician through the United States Department of Labor • Consensus Decision -Making • Community Advocacy • Military Affairs • Strategic Planning • Employee Development • Career Accomplishments • United States Marine Corps Reserves 1978 -1984 • Manager, Corporate Social Responsibility, Refining G&PA and Legislative Affairs - CITGO Corpus Christi • Maintenance Planner • Process Shift Supervisor Career Accomplishments Cont. • Program Maintenance Manager • Maintenance Planning Specialist • Turn Around Manager for CITGO Refinery • Certified as Terminal Operation Technician • Provided leadership for 5,300 employees • Former Chairman of the Port Industries Government & Public Affairs Committee (2 Terms) • Member of the Government and Public Affairs Committee • Accounted for 5566 million budget while serving on the Corpus Christi ISD (CCISD) school board • Former President/Vice-President for CCISD school board • Former Corpus Christi City Councilman District 5 (3 terms) • Served on the Municipal Court Committee and on the Administrative Committees • Served as Mayor Pro -Tem • Appointed as a Texas Representative on the National Advisory Council, Migrant and Seasonal Head Start Program in Washington, D.C. Community Involvement • Board Member of Coastal Bend Council of Governments • Board Member of American Red Cross • Board Member of Big Brothers/Big Sisters • Board Member ofAVANCE • Board Member of Mission of Mercy • Board Member of Camp Aranzazu • Board Member of PTSA • Board Member of Corpus Christi Chamber of Commerce • Board Member of John Paul II High School Board • Board Member of Westside Business Association • Board Member of Del Mar College Foundation • Member of Downtown Rotary Club • Chairman of Salvation Army Campaign Fund • Board Member of Corpus Christi Chamber of Commerce • Board Member of Coastal Bend Blood Center • Master of Ceremonies Feria De Las Flores 2011 • Master of Ceremonies Hi-Fairnessee • Former President of the Corpus Christi Education Foundation (2- Terms) Community Involvement Cont. • Former Board Member of the Corpus Christi Hispanic Chamber of Commerce • Former Board Member of John Paul II School Board Advisory Council • 2015 American Heart Ball — Co Chair in Special Honors • Westside Business Association Community Advocate of the Year • CCISD I -Achieve Gold Star Advocate Award • Hispanic Women's Network of Texas Las EstrelIas for Civic Contributions • Texas Association of Mexican American Chamber of Commerce Corporate Business Advocate of the Year • NAACP President's Award • NAACP Larry R. Elizondo, Sr. Award • Fay H. Moody High School, Larry R. Elizondo, Sr. Gymnasium • Elizondo Drive in the Rancho Vista Subdivision, District 5 • Solomon M. Coles Spirit of Emancipation Award • Charlie's Place, Larry R. Elizondo, Sr. Recovery Room • Habitat for Humanity Humanitarian of the Year • Westside Business Association Lifetime Achievement Award • Caller -Times Best of the Best Reader's Choice Awards 2014 Community Advocate of the Year Married to Annabelle Gutierrez Elizondo, with two children Larry Jr. and Jessica. Daughter- in-law Robin Elizondo and has two grandchildren, Ana Christina Elizondo and Larry Elizondo, III. BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Oct 16, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Martin L Prefix First Name Middle Initial Email Address Evans 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 CHRISTIAUTHORITYOF NUECES COUNTY TX Street Address City District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone Freedom Investment Counsel LLC Empl 101 North Shoreline Blvd, STE 560 WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City Owner Job Title Suite orApt State Postal Code TX WorkAddress - State 78401 WorkAddress - Zip Code Work Phone Marty© Freedom-ic.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) BS Political Science & History Ed, Texas A&I University Registered Voter? QQ Yes No Current resident of the city? QQ Yes No 50 If yes, how many years? City Board_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. 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. ® 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 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 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 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. MINNINIMO 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. ® IAgree JAN -06-2015 06:44 From: To:8263113 Page:2'6 John Garcia John Garcia has been active in the hospitality industry for 19 }ears. Born and raised in Corpus Christi, Garcia's first opportunity arose when he started at the Ramada Inn Bayfront & Conference Center in 1997. This experience adds supplemental fatniliarity with conventions sales, hospitality, and strong community involvement. During his first 6 years at the Ramada Inn. he became a member of numerous organizations: Corpus Christi Chamber of Commerce (Ambassador), Corpus Christi Hispanic Chamber (Embajador). Hospitality Sales Marketing Association (Vice President, 2004) (HSMA Member of the Year 2004;. and Harbor Lights Festival (Committee member) Dress for Success Volunteer; Transportation Advisory Comtnittee Board member; NAACP Banquet Committee member. Corpus Christi Greater Hospitality Association member, Crirl Scouts of South Texas, Westside Business Association member and the Corpus Christi Transportation Advisory Board. John also accomplished a graduate, certification course from the prestigious Dale Camegie. Garcia's experience as Sales Manager gave him an opportunity to advance in the hotel industry. In June 2003. he became Director of Sales & Marketing at the R .nada Limited Airport Hotel on McBride Lane and Interstate 37.1n April 2005 an opportunity arose at the Corpus Christi Convention Visitor Bureau as Destination Sales Manager for the sports & Mexico market for the city. Is currently Director of Sales for a couple hotels in the greatc r Corpus Christi area. John holds a great appreciation for the power of community, and his continued involvement and support is evident in his work performance BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jan 07, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Eldon McQueen Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? AIRPORT BOARD, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION 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. Primary Phone Alternate Phone SIKORSKYAIRCRAFT COMPANY-CCAD AEROSPACE ENGINEER Employer Job Title HANGAR 44 - CCAD WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78419 WorkAddress - Zip Code 361-961-1403 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) BOSTON UNIVERSITY MASTER OF SCIENCE, COMPUTER SCIENCE AND INFORMATION TECHNOLOGY MANAGEMENT. AEROSPACE ENGINEER, FLIGHT CREW, MILITARY VETERAN. MARTIALARTS INSTRUCTOR AND YOUTH DEVELOPMENT FOR YMCA; AMERICAN NATIONAL, NORTHSIDE MANOR, GARZA-GONZALEZ, PARK AND RECREATION, B&G AEROSPACE & TECHNOLOGY MENTOR, DEL MAR, A&M GRADUATE STUDENTS Registered Voter? QQYes No Current resident of the city? QQYes No 6 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Prefer not to Answer Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information 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 10, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Scott H Prefix First Name Middle Initial Email Address Mesmer Last Name 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 Street Address Suite orApt City State Postal Code District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone CAE Employer WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City TX WorkAddress - State Instructo r Job Title 7841 WorkAddress - Zip Code 3619448401 Work Phone Scott.Mesmer©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: Education, Professional and/or 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? QQYes No Current resident of the city? QQYes No 7 If yes, how many years? Scott_Mesmer City_ Application 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. (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. ® IAgree 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 B757/B767 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 B757/B767 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 FORA CITY BOARD, Submit Date: Jun 05, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Morgan Email Address Spear Middle Last Name Initial Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, PLANNING COMMISSION, PORT OF CORPUS CHRISTIAUTHORITYOF NUECES COUNTY TX Street Address Suite orApt City State Postal Code District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 1110111111111111.11 Primary Phone Alternate Phone MORGAN SPEAR ASSOCIATES PRESIDENT Employer Job Title 225 S. CARANCAHUA WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 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 and/or 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? Q Yes No Current resident of the city? QYes No 56 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. ® IAgree BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jul 22, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Diana Summers Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, PLANNING COMMISSION Street Address Suite orApt City State Postal Code District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 1110111111111111.11 Primary Phone Alternate Phone HOGAN HOMES ASSISTANT TO THE PRESIDENT Employer Job Title 400 MANN ST WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City WorkAddress - State 78401 WorkAddress - Zip Code 512-994-8786 Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SEE ATTACHED RESUME BACHELOR OF SCIENCE IN BUSINESS ADMINISTRATION, DOUBLE MAJORED IN FINANCE AND ACCOUNTING FROM UNIVERSITY OF SOUTH CAROLINA, 2009 MASTERS OF ACCOUNTING FROM COLLEGE OF CHARLESTON, 2010 PROFESSIONAL EXPERIENCE: PRICE WATERHOUSE COOPERS, LLC, DALLAS: AUDITASSOCIATE 2010-2011; DELOITTE AND TOUCHE, LLC, AUSTIN: AUDIT SENIOR ASSOCIATE 2011-2013; HOGAN HOMES, ASSISTANT TO THE PRESIDENT 2013 -PRESENT MEMBER OF CORPUS CHRISTI ROTARY CLUB Registered Voter? QQ Yes No Current resident of the city? QQYes No 2 If yes, how many years? BROWN.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 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. Z !Agree swear that all of the statements included in my application are true and correct. ® IAgree Diana Brown Acknowledged for strong analytical and problem salving skills, as well as development of team and client relationships. Recognized for achieving an understanding of numerous different business operations and processes, identifying and quickly elevating potential engagement issues, task prioritizing, and multi -tasking abilities. Enjoys challenging engagements and new opportunities to further develop professional skills. Thrives in a team environment yet also works well independently. Committed to exceeding the needs and expectations of the engagement and client. PROFESSIONAL EXPERIENCE Price Waterhouse Coopers, LLC, Dallas Associate, 2010 - 2011 Audited a diverse portfolio of clients including manufacturing, health care, financial, chemical, and holding companies. Part of review team for the issuance of an initial client stock offering Performed 404 SOX Controls testing. Participated on an Advisory and consulting engagement for major financial institution Deloitte and Touche, LLC, Austin Senior Associate, 2011— 2013 Managed and executed the audits of two companies in the manufacturing and construction fields. Participated on two company segment carve out audits. Performed 404 SOX controls design and operating effectiveness testing. Member of new client acquisition team EDUCATION University of South Carolina Bachelor of Science in Business Administration, 2009 Double Majored: Finance and Accounting Directed Studies: French College of Charleston Masters of $crounting 2010 Study Abroad: University of South Carolina, Maymester Session, Kenya, Africa Studied business tactics and problem solving techniques within the economic and political structure of Kenya. Examined the local operations of The Coca Cola Company, Dockers, a subsidiary of Levi Strauss and Co., Kazuri Beads, Ltd. and KickStart, a non-profit dedicated to developing technologies for small-scale enterprises. Studied the importance of eco -tourism to the national economy. National Outdoor Leadership School, Broome, Australia Studied leadership skills and development, while facing extreme conditions of the Australian Outback. Also focused on technical outdoor skills and environmental ethics. OTHER/LEADERSHIP ACTIVITIES Recipient of the USC Thomas Moore Craig Leadership Award (2008) Recipient of the Student Government Executive Officer Meritorious Award (2009) Student Senator representing Darla Moore School of Business (2007 - 2009) Chairman for Senate Finance committee (2009) Sorority Coo i n c i l President (2008 - 2009) Omicron 1 '1.1 Kappa Honors Society President (2009) Mortar Board Honors Society Treasurer (2008) City Of Corpus Christi MARINA ADVISORY COMMITTEE BOARD DETAILS OVERVIEW As, SIZE 9 Seats TERM LENGTH 2 Year TERM LIMIT 6 Years CONTACT 1 Cherie Gutierrez (361) 826-3981 cheriee@cctexas.com The Marina Advisory Committee advises and makes recommendations regarding development, use, or preservation of the marina, including the following: (1) assist the City Council in providing for the orderly, planned development and use of the marina; (2) review the annual and capital improvement budgets regarding the improvement and maintenance of the facilities upon the marina; and (3) review and recommend to the City Council the feasibility of development, improvements, maintenance or proposed uses for the marina. �q DETAILS COMPOSITION Nine (9) members appointed by the City Council for two-year terms. The membership shall include one (1) Scientist, i.e. Marine Biologist, one (1) Engineer, and one (1) Environmentalist; one (1) shall be a Representative of a Restaurant located w ithin the boundaries of the Corpus Christi Dow ntow n Management District, and five (5) Community At -Large members. In the initial appointment, members w ill serve an initial tw o -year term, in the succeeding term, 5 members w ill serve a tw o -year term, and 4 members w ill serve a one-year term, as determined by drawing. Thereafter, all terms w ill be tw o -years. CREATION / AUTHORITY Section 2-260, Code of Ordinances; Ord. No. 027408, 9/11/07; Ord. No. 030604, 9/8/15. MEETS 1st Monday of every month at 5:30 p.m., People Street T -Head, Boater's Facility. TERM DETAILS Two-year staggered terms. DEPARTMENT Municipal Marina Marina Advisory Committee Members December 15, 2015 Five (5) vacancies with terms to 12/18/17 representing the following categories: 1- Engineer, 1 - Environmentalist and 3 - Community At -Large Members. Name Board name Status District End date Position Attendance Mona Been Stephen Bratten Curt Broomfield William McDowell Hal Suter MARINA ADVISORY COMMITTEE Seeking reappointment District 2 1 12/18/15 Community At -Large Member 67% 6/9 (3 exc.) MARINA ADVISORY COMMITTEE Resigned District 4 1 12/18/15 Community At -Large Member MARINA ADVISORY COMMITTEE Seeking reappointment District 4 2 12/18/15 Community At -Large Chair 100% 9/9 MARINA ADVISORY COMMITTEE Seeking reappointment District 4 1 12/18/15 Engineer Member 100% 9/9 MARINA ADVISORY COMMITTEE Seeking reappointment District 2 1 12/18/15 Environmentalist Member 78% 7/9 (2 exc) Robert "Bob" Paulison MARINA ADVISORY COMMITTEE Active District 4 2 12/18/16 Community At -Large Member Sharon Emerson MARINA ADVISORY COMMITTEE Active District 2 2 12/18/16 Community At -Large Member Clare Lee MARINA ADVISORY COMMITTEE Active District 4 2 12/18/16 Scientist Vice -Chair Greg Turman MARINA ADVISORY COMMITTEE Active District5 1 12/18/16 Restaurant Member MARINA ADVISORY COMMITTEE APPLICANTS DECEMBER 15, 2015 Bryan D. Hulse MARINA ADVISORY COMMITTEE District 1 USCG 1201 E. Navigation Blvd. Corpus Christi TX 361-844-6551 Environmentalist or Community At -Large Kevin Nelson MARINA ADVISORY COMMITTEE District 1 TEXAS A&M UNIVERSITY -CORPUS CHRISTI 6300 Ocean Dr. Corpus Christi TX 361-825-3763 Community At -Large Ronald 5. Smith MARINA ADVISORY COMMITTEE District 4 SELF-EMPLOYED Environmentalist or Community At -Large BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Nov 05, 2015 Status: submitted Profile Bryan Email Address D Hulse Middle Last Name Initial Which Boards would you like to apply for? MARINA ADVISORY COMMITTEE 1111111111011M Street Address Suite orApt City District 1 What dranct do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone USCG Employer 1201 e. Navigation Blvd WorkAddress- Street Addressand Suite Number Corpus Christi WorkAddress- City WorkAddress- State 78401 mss Altemate Phone Master Chief . t Tule Stale Postal Code WorkAddress - Zip Code 361 844 6551 Work Phone bryan.d.hulse©uscg.mil 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 I do not. Education, Professional and/or Community Activity (Present) I have over 20 years experience operating and commanding vessels for the US government. During this time, I ensured the environment and marine life were minimally affected by both commercial and recreational seagoing operations. I also enforce laws that have a direct impact on our living marine resource's sustainability. In my civilian career, I am currently expanding the family business into a new market. Furthermore, in the near future I will be a sole owner /operator for a small business in the downtown area. In addition to my experience, I have attended several leadership schools most notably the USCG Chiefs Academy and the US Army Sergeants Major Academy. I am an active member in my church and play a small role in my daughter's after school activities. I also have a BA with honors in political science from American Military University and a MBA from Liberty University. Registered Voter? • Yes Q No Current resident of the city? •Yes pNo 8 years If yes, how many years? Bryan D.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. ® !Agree 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. 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 Board -specific questions (if applicable) Question applies to MARINAADVISORYCOMMITTEE . Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Environmentalist Bryan D. Hulse Objective To transition from the military into a small business owner Experience 2014 -present PowerRail Marine Director of Operations ■ Facilitate Business Endeavors ■ Improve Processes ■ Expand Business Practices 1992 -present Master Chief ■ Command of shore side boat operations and afloat units. ■ Administration and Operational control of the unit ■ Good order and discipline of the crew Corpus Christi, TX US Coast Guard USA, Bahrain 1997-2000 Livingston Carwash Livingston NJ Manager ■ Supervision of Operations ■ Customer service ■ Payroll 2000-2001 UPS Package Car Driver ■ Delivery of packages ■ Customer service ■ Safe operations Education 2012 Parsippany NJ American Military University WV Bachelors of Arts in Political Science 2014 Liberty University Master's in Business Administration VA Delivering a superior product every time regardless the mission. This can be service to my country, advancing my education, or engaging in a Interests new project. References References are available on request. BIOGRAPHICAL INFORMATION FORM FOR A CETY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Jul 29, 2013 Status: submitted Profile Kevin Nelson Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? MARINA ADVISORY COMMITTEE, PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX, WATER RESOURCES ADVISORY COMMITTEE, WATERSHORE AND BEACH ADVISORY COMMITTEE Street Address District 1 What district do you live in? Please CLICK HERE for a map to verify your district assignment. wimaimma Pnmary Phone Alternate Phone TEXAS A&M UNIVERSITY- CORPUS NIVERSITYCORPUS CHRISTI Employer 6300 OCEAN DR. Work Address- Street Address and Suite Number CORPUS CHRISTI WorkAddress- City TX WorkAddress - State POST DOCTORAL RESEARCH ASSOCIATE Joe Tide Suite orApt 111111. Stele Postal Code 78412 WorkAddress Zip Code 361-825-3763 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) 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? p Yes O No Current resident of the city? Yes Co 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 stadsticalpurposes 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 Ltbnicity 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. IN 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. 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 swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) Que ori applies to MARINAADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Scientist, i.e. Marine Biologist BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Dec 03, 2015 Status: submitted Profile Capt Ronald S. Smith Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? MARINA ADVISORY COMMITTEE Street Address City District 4 What disnct do you live in? Suite or Apt 1.116 Stale Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone N1A Employer WorkAddress - Street Address and Suite Number WorkAddress- City WorkAddress- Stale Boat Captain Job 'Nile Postal Code WorkAddress- Zip code Work Phone nla@xxx.com Work E-mail address Home/PrimaryAddress Preferred Mailing Addre 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) Completed the CCPD Citizens Police Academy (graduate Dec 9) Active Volunteer at the Animal Rehabilitation Keep (ARK) in PortAransas Active Volunteer a the Padre Island National Seashore Turtle program Registered Voter? Yes QNo Current resident of the city? •Yes No 38 If yes how many years? MGR_CV1215.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 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. ® !Agree Board -specific questions (if applicable) Question applies to MAR INAADVISORYCOMMITTEE . Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Environmentalist Ronald Smith EDUCATION: M.B.A., Management, Texas A & M University, Corpus Christi B.A., Public Administration, San Francisco State University Graduate courses in Asian Studies, International Division of Sophia University (Jochi Diagaku), Tokyo, Japan LICENSES: United States Coast Guard certified: Master, 1600 Tons Domestic), 3000 Tons (ITC), Oceans; Sail endorsed: Master, 500 Tons, Oceans EMPLOYMENT EXPERIENCE: Marine industry - 16 years Varied experience - small craft operations, sailboat racing, tall ship sailing, USN Merchant Marine and oil field support - on 3 continents, 8 countries, both US coasts and the Caribbean Real Estate Sales and Management - 9 years Residential and commercial sales and leasing Property management Operated own company last 6 years Independent construction contractor - 3 years Mostly residential maintenance and repair Petrochemical Construction and Maintenance - 6 years Commissioned Officer, USAF - 12 years Radar controller, controller instructor Airborne Command and Control functions VOLUNTEER AND COMMUNITY INVOLVEMENT BACKGROUND: Graduate of the CCPD Civilian Police Academy (Dec 9) Member, Board of Directors, Port Aransas Art Center Volunteer, animal rehabilitation at the Animal Rehabilitation Keep, University Of Texas Marine Science Institute, Port Aransas, TX.( 8 years) Volunteer, Padre Island National Seashore Kemp's Ridley Project (6 years) Graduate of Leadership Corpus Christi. ( Class XXIII) Former volunteer, Texas Seaport Museum, Galveston, TX. Charter member of the Board of Directors, Columbus Fleet Association, Former Commissioner, City of Corpus Christi Landmark Commission Former member of the Texas Marine Mammal Stranding Network Former volunteer scuba diver for Texas State Aquarium Many years membership in the Corpus Christi Roadrunners Over five years experience working with different Boy Scout activities. Former volunteer, Public Broadcast System radio station, KEDT-FM. OTHER FACTS: I hold an active US Passport Many years living, traveling or working in Japan, Thailand, Viet Nam, the Philippines, Angola, Italy, Croatia, Malta, Gibraltar, Trinidad Tobago, Dominican Republic, Bermuda, USVI, the Bahamas and Cuba Active participant in weight training, scuba diving and sailing City Of Corpus Christi NORTH PADRE ISLAND DEVELOPMENT CORPORATION BOARD DETAILS OVERVIEW SIZE 9 Seats TERM LENGTH TERM LIMIT CONTACT 1 Arlene Medrano 0 (361) 826-3355 arlenem@cctexas.com The North Padre Island Development Corporation manages the Reinvestment Zone No. 2 and implements the project and financing plan. �q DETAILS COMPOSITION Not less than five (5) nor more than nine (9) directors, appointed by the City Council. Each initial Director shall serve a term that expires on December 31, 2002; thereafter, terms are two -years. Each director must be a resident and qualified elector of the city. Each Director shall serve until a successor is appointed. Any director may be removed from office at any time, w ith or w ithout cause, by the City Council. CREATION / AUTHORITY Tax Increment Financing Act, Tax Code Section 311.010(f); Chapter 431, Subchapter D of the Texas Transportation Code; Resolution No. 025040; M2003- 001. MEETS To be determined TERM DETAILS Each initial Director shall serve a term that expires on December 31, 2002; thereafter, terms are two -years. DEPARTMENT General Government and Operations Support Rudy Garza NORTH PADRE ISLAND DEVELOPMENT CORPORATION Colleen McIntyre NORTH PADRE ISLAND DEVELOPMENT CORPORATION Lillian Riojas Brian Rosas Carolyn Vaughn NORTH PADRE ISLAND DEVELOPMENT CORPORATION NORTH PADRE ISLAND DEVELOPMENT CORPORATION NORTH PADRE ISLAND DEVELOPMENT CORPORATION Seeking reappointment Seeking reappointment Seeking reappointment Seeking reappointment Seeking reappointment 1 12/31/15 Member 1 12/31/15 President 1 12/31/15 Member 1 12/31/15 Member 1 12/31/15 Member North Padre Island Development Corporation December 15, 2015 Five (5) vacancies with terms to 12/31/17. Mark Scott NORTH PADRE ISLAND DEVELOPMENT CORPORATION Active 3 12/31/16 Member Lucy Rubio NORTH PADRE ISLAND DEVELOPMENT CORPORATION Active 1 12/31/16 Member Chad Magill NORTH PADRE ISLAND DEVELOPMENT CORPORATION Active 2 12/31/16 Member Nelda Martinez NORTH PADRE ISLAND DEVELOPMENT CORPORATION Active 4 12/31/16 Vice -President City Of Corpus Christi PARKS AND RECREATION ADVISORY COMMITTEE BOARD DETAILS OVERVIEW As, SIZE 11 Seats TERM LENGTH 2 Years TERM LIMIT 6 Years 1 Hope Herrera filba-Q (361) 826-3464 CONTACT hopeh@cctexas.com The Parks and Recreation Advisory Committee shall advise the City Council as to all City parks and the buildings therein, public outdoor recreation areas and centers and any other grounds placed under its purview by the City Manager. �q DETAILS COMPOSITION Eleven (11) members appointed by the City Council, who are residents of the City and serve w ithout compensation for a tw o -year term beginning August 23, or until their successor is appointed. The Board elects its Chairman. CREATION / AUTHORITY Section 2-70, Code of Ordinances. Ord. No. 11046, 8/23/72; 16511, 9/2/81; 19831, 7/2/87; 20294, 5/3/88. MEETS 2nd Wednesday of every month, 5:30 p.m., City Hall, 3rd Floor Conference Room. TERM DETAILS Two-year terms. DEPARTMENT Parks and Recreation Department Parks and Recreation Advisory Committee Members December 15, 2015 One (1) vacancy with term to 8/23/17. Curtis Ford PARKS AND RECREATION ADVISORY COMMITTEE Resigned District 4 2 08/23/17 Member Ricardo Pedraza PARKS AND RECREATION ADVISORY COMMITTEE Active District 1 1 08/23/17 Chair Chris Anderson PARKS AND RECREATION ADVISORY COMMITTEE Active District 2 1 08/23/16 Vice -Chair Alissa Mejia PARKS AND RECREATION ADVISORY COMMITTEE Active District 4 Partial 08/23/17 Member Dotson Lewis, Jr. PARKS AND RECREATION ADVISORY COMMITTEE Active District 4 1 08/23/16 Member Huxley Smith PARKS AND RECREATION ADVISORY COMMITTEE Active District 5 3 08/23/16 Member Carlos Valdez, Sr. PARKS AND RECREATION ADVISORY COMMITTEE Active District 2 2 08/23/16 Member Jerry Plemons PARKS AND RECREATION ADVISORY COMMITTEE Active District 5 1 08/23/16 Member Robert A. Alvarez PARKS AND RECREATION ADVISORY COMMITTEE Active District 5 1 08/23/17 Member Gary McCoig PARKS AND RECREATION ADVISORY COMMITTEE Active District 2 1 08/23/17 Member Kamlesh Bhikha PARKS AND RECREATION ADVISORY COMMITTEE Active District 1 1 08/23/17 Member Parks and Recreation Advisory Committee Applicants December 15, 2015 ' Boards Applying For Melissa Hofstetter PARKS AND RECREATION ADVISORY COMMITTEE District 5 The Council on Alcohol & Drug Abuse 361-882-1008 1801 S. Alameda, Ste. 150 Corpus Christi TX Doug E. McBee, Jr. PARKS AND RECREATION ADVISORY COMMITTEE District 4 Reagent Chemical William Menard, Jr. PARKS AND RECREATION ADVISORY COMMITTEE District 2 Menard Electronics, Inc. Tommy Watson, Jr. PARKS AND RECREATION ADVISORY COMMITTEE District 1 Southern Cycles Hwy 361 Ingleside TX BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Oct 07, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Melissa Hofstetter Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH, PARKS AND RECREATION ADVISORY COMMITTEE, REGIONAL HEALTH AWARENESS BOARD Street Address Suite orApt City State Postal Code What district do you live in? Please CLICK HERE for a map to verify your district assignment. 111111111.1.1110111 VIMMIE11.11 Primary Phone Alternate Phone The Council on Alcohol & Drug Abuse Employer 1801 S. Alameda, Suite 150 WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City TX WorkAddress - State Program Coordinator, Tobacco Prevention 78404 WorkAddress - Zip Code 3618821008 Work Phone mhofstetter©coada-cb.org Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: n/a Education, Professional and/or Community Activity (Present) I belong to a number of coalitions in the area: Tobacco Prevention, Safe Communities, Hooked on Health, Community Partnerships Coalition I also belong to Westside Business Association and Hispanic Women's Network of Texas Registered Voter? QQ Yes No Current resident of the city? QQYes No 22 If yes, how many years? Melissa Hofstetter.doc Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Female Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® 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 Melissa Hofstetter, LfSW Education Texas A & M University Kingsville, Texas July 2006 — May 2008 Graduated May 2008, GPA: 3.6/4.0 Major: Social Work (BSW) Minor: Psychology Work Experience Del Mar College Corpus Christi, Texas Graduated: May 2006, GPA: 3.6/4.0 Major: Psychology, Social Work The Council on Alcohol & Drug Abuse — Coastal Bend February 2014 - Current Corpus Christi, Texas Program Coordinator, Tobacco Prevention & Control Coalition Duties: Supervised tobacco prevention program; supervised a staff of up to 5; managed all aspects of grant, including reports to the state, compliance with state contract, created and facilitated a monthly coalition, managed a budget, community presentations, and day-to-day functions Behavioral Health Center of Nueces County May 2013 — April 2014 Corpus Christi, Texas Program Supervisor, Pathways Duties: Supervised crisis respite program for clients; supervised a staff of 16; responsible for 16 -bed unit, including reports, compliance, and day-to-day functions HCA Healthcare — Northwest Behavioral Hospital December 2012 — April 2013 Corpus Christi, Texas Social Worker Duties: Work with mental health patients and their families; discharge planning; provide resources for patients leaving the hospital Spaulding for Children May 2008 — December 2012 Corpus Christi, Texas Adoption Coordinator Duties: Caseworker for families wanting to adopt children through the Texas foster care system; recruitment and training of families; perform home visits and write detailed home study; match families to children; supervise placements; facilitate adoptive family support group; post -adoption services Spaulding for Children August 2007 — May 2008 Hofstetter, 2 Corpus Christi, Texas Internship / Practicum Secretarial Solutions May 2004 — May 2008 Corpus Christi, Texas Owner (part-time business) Duties: Medical billing, bookkeeping, practice management, desktop publishing, notary, web site design Flour Bluff Independent School District August 2003 — March 2005 Corpus Christi, Texas Substitute Teacher Duties: Substituted for primary grades Treats Vending April 1999 — May 2007 Corpus Christi, Texas Office Manager Duties: Bookkeeping, AP/AR, deposits, payroll, sales tax, manage vending routes, inventory control Columbia Healthcare January 1997 — April 1999 Corpus Christi, Texas Human Resources Coordinator Duties: Handled payroll for multiple physician offices, employee benefits, coordinated hiring and firing of employees for multiple locations, handled human resources compliance Financial Assistant Duties: Handled NP, financial reports, quarterly tax reports, daily deposits, employee benefits, CME tracking for physicians, bank reconciliations for multiple physician offices Volunteer Work Communities Voices United October 2010 — 2013 Corpus Christi, Texas Committee Member Heart Gallery of South Texas September 2007 - 2013 Corpus Christi, Texas Committee Member CASA of the Coastal Bend May 2006 — June 2011 Corpus Christi, Texas CASA (Court Appointed Special Advocate) Boy Scouts of America May 2000 — December 2006 Corpus Christi, Texas Den Leader, Advancement Chairman, Committee Chairman Hofstetter, 3 Professional National Association of Social Workers Affiliations Member, National and Texas Chapters BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Sep 04, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Doug E Prefix First Name Middle Initial Email Address McBee Jr Last Name Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE Street Address Suite orApt City State Postal Code District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone Reagent chemical Employer Hwv 361 WorkAddress- Street Address and Suite Number Ingleside WorkAddress - City WorkAddress - State Loader Job Title WorkAddress - Zip Code Work Phone none Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) HS and some College Registered Voter? QYes No Current resident of the city? DYes No 57 years If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information 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: 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: Sep 24, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Tommy Watson, Jr. Middle Last Name Initial Email Address Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE, PARKS AND RECREATION ADVISORY COMMITTEE, TRANSPORTATION ADVISORY COMMISSION 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. 111011111111111111111 Primary Phone Alternate Phone SOUTHERN CYCLES Employer WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State SELF-EMPLOYED Job Title WorkAddress - Zip Code Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) FORMERLY SERVED ON TRANSPORTATION ADVISORY COMMITTEE, FOOD SERVICE ADVISORY COMMITTEE AND PARKS AND RECREATION ADVISORY COMMITTEE. Registered Voter? QQYes No Current resident of the city? QQYes No 66 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic 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. Z 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 City Of Corpus Christi WATERSHORE AND BEACH ADVISORY COMMITTEE BOARD DETAILS OVERVIEW As, SIZE 9 Seats TERM LENGTH 2 Years TERM LIMIT 6 Years CONTACT 1 Martha Lawhon (361) 826-3469 marthal@cctexas.com The Watershore and Beach Advisory Committee advises and makes recommendations regarding use or preservation of the following areas within the city limits: the waterfront, the beaches, and the natural bodies of water, including, but not limited to: Gulf of Mexico, bays, rivers, and creeks, excluding the Marina area as defined by Section 2-264. DETAILS COMPOSITION Nine (9) members appointed by the City Council for two-year terms. The membership shall include one (1) Scientist, i.e. Marine Biologist, one (1) Engineer, and one (1) Environmentalist; one (1) shall be an owner or representative of a hotel or condominium located on North Padre Island or Mustang Island; and one (1) shall be a member of the Corpus Christi Convention &Visitors Bureau. The Chairperson of the Watershore and Beach Advisory Committee shall act as an advisor to the Parks and Recreation Advisory Committee and vice versa. In the initial appointment members w ill serve an initial tw o -year term, in the succeeding term, 5 members w ill serve a tw o -year term, and 4 members w ill serve a one-year term, as determined by drawing. Thereafter, all terms w ill be tw o -years. CREATION / AUTHORITY Section 2-80, Code of Ordinances, Ord No. 027408, 9/11/07; Ord. No. 027523, 12/11/07; Ord. No. 029985, 10/22/13. MEETS 1st Thursday of every month at 5:30 p.m., Staff Conference Room 1st Floor, City Hall. TERM DETAILS Two-year staggered terms. DEPARTMENT Parks and Recreation Department 11ii7riil .if7 o D. Joseph DePalma WATERSHORE AND BEACH ADVISORY COMMITTEE Realign to Regular Member District 4 1 12/11/16 Hotel/Condo Owner Member Diana Del Angel WATERSHORE AND BEACH ADVISORY COMMITTEE Resigned District 4 1 12/11/15 Environmentalist Member Jay Gardner WATERSHORE AND BEACH ADVISORY COMMITTEE Seeking reappointment District 4 2 12/11/15 Regular Member Vice -Chair 80% 8/10 Robert Kent WATERSHORE AND BEACH ADVISORY COMMITTEE Terminated District 4 1 12/11/16 Regular Member Member Paulette Kluge WATERSHORE AND BEACH ADVISORY COMMITTEE Seeking reappointment District 1 Partial 12/11/15 CVB Member 70% 7/10 Cameron Perry WATERSHORE AND BEACH ADVISORY COMMITTEE Seeking reappointment District 4 2 12/11/15 Engineer Chair 100% 10/10 Cliff Schlabach WATERSHORE AND BEACH ADVISORY COMMITTEE Seeking reappointment District 4 Partial 12/11/15 Regular Member Member 100% 10/10 Carrie Meyer WATERSHORE AND BEACH ADVISORY COMMITTEE Active District 1 1 12/11/16 Regular Member Member Jennifer Pollack WATERSHORE AND BEACH ADVISORY COMMITTEE Active District 4 2 12/12/16 Scientist Member Watershore and Beach Advisory Committee Members December 15, 2015 Six (6) vacancies with terms to 12/11/16 and 12/11/17 representing the following categories: 1- member of the Corpus Christi Convention and Visitors Bureau, 1- Engineer, 1- Environmentalist and 3 - Regular Members. (Staff is recommending the realignment of Joseph DePalma (Hotel/Condo Owner) to Regular Member.) (Note: Staff is recommending the postponement of the owner or representative of a hotel or condominium located on North Padre Island or Mustang Island. staff is in the process of broadening the category requirements.) Name Boards A•• in -For Cate -o Work Phone Work Address NMI Kevin Nelson WATERS HORE AND BEACH ADVISORY COMMITTEE District 1 Texas A&M University -Corpus Christi Regular Member 361-825-3763 6300 Ocean Dr. Corpus Christi TX Watershore and Beach Advisory Committee Applicants December 15, 2015 nfi Duncan F. Sarno WATERSHORE AND BEACH ADVISORY COMMITTEE District 3 Del Mar College Regular Member 361-698-2820 101 Baldwin Blvd. Corpus Christi TX Kenneth R. Scott WATERSHORE AND BEACH ADVISORY COMMITTEE District 5 USCG Regular Member Michael Starek WATERSHORE AND BEACH ADVISORY COMMITTEE District 4 Texas A&M University -Corpus Christi Engineer or Regular Member 361-825-3978 6300 Ocean Drive Corpus Christi TX Mukesh Subedee WATERSHORE AND BEACH ADVISORY COMMITTEE District 2 Harte Research Institute for Gulf of Mexico Studies Environmentalist or Regular Member 361-825-2003 6300 Ocean Drive, Unit 5869 Corpus Christi TX Philippe Tissot WATERSHORE AND BEACH ADVISORY COMMITTEE District 2 Texas A&M University -Corpus Christi Engineer or Regular Member 361-825-3776 6300 Ocean Dr. Corpus Christi TX BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Nov 09, 2015 Status: submitted Profile Daniel Frrs Name Email Address E Middle Inil al Mazoch Las Name Which Boards would you like to apply for? WATERSHORE AND BEACH ADVISORY COMMITTEE Street Address Suite or Apt City Stats Postal Code District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 4111111111111111111111111 voimumm Primary Phone Urban Engineering Employer 2725 Swantner WorkAddress- Street Address and Su.te Number Corpus Christi WorkAddress - City TX WorkAddress- Stale 78404 Alternate Phone Engineer II WorkAddress - Zip Code 361-854-3101 Work Phone danielm@urbaneng.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) Graduated Cum Laude from Texas A&M University— Kingsville with a Bachelor of Science in Civil Engineering. Extensive work in the field of coastal development including coordination with local and state level governmental agencies and committees. Skills include representing developers, municipalities, and individuals in coastal matters such as beach maintenance practices, dune mitigation, subdivision construction, dune walkover construction, and beach access road construction, including the preparation of all relevant permitting (50+ cases in Nueces County). Knowledge of regulating policy and procedures, including: Nueces County Beach Management Plan, Joint Erosion Response Plan, Coastal Barrier Resource Systems, interfacing of public and private land and beach access easements, and State regulations (General Land Office) regarding coastal management and development. Frequent attendee of Beach ManagementAdvisory Committee meetings, follower of beach management and permitting policy changes, longtime Island resident and user of beach and public waterways. Experienced in attending and presenting at municipal meetings including City Planning and Zoning, City Council, and Nueces County Commissioners Court. American Society of Civil Engineers (ASCE) — 2011 to Present, Currently serving as Treasurer for Corpus Christi branch. Registered Voter? • Yes QNo Current resident of the city? p Yes Q No 26 If yes, how many years? Mazoch_Daniel Resume _2o15,pdf r.,vd a Resume Diploma.pdf Pir upload any additional amp -A 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. Caucasian/Non-Hispanic [I-.ni.ity Male _:e�cier 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 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. S I 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 WATER SHOR E AN D BEACH ADVISORY COMMITTEE . Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * ® Engineer DANIEL E. MAZOCH QUALIFICATIONS 1 Bachelor of Science in Civil Engineering Engineer in Training, EIT (Testing for Professional Engineering License Spring 2016) Extensive work in the field of coastal development including coordination with local and state level governmental agencies and committees. Skills include representing developers, municipalities, and individuals in coastal matters such as beach maintenance practices, dune mitigation, subdivision construction, dune walkover construction, and beach access road construction, including the preparation of all relevant permitting (50+ cases in Nueces County). Knowledge of regulating policy and procedures, including: Nueces County Beach Management Plan, Joint Erosion Response Plan, Coastal Barrier Resource Systems, interfacing of public and private land and beach access easements, and State regulations (General Land Office) regarding coastal management and development. Frequent attendee of Beach Management Advisory Committee meetings, follower of beach management and permitting policy changes, longtime Island resident and user of beach and public waterways. Experienced in attending and presenting at municipal meetings including City Planning and Zoning, City Council, and Nueces County Commissioners Court. PROFESSIONAL EXPERIENCE Urban Engineering (2011 - Present) Civil Engineer (E.I.T.) Project management, civil design, coastal development and resource management, municipal engineering, design review, ordinance review and revision, construction inspection, etc. KBR- Kellogg Brown & Root (Summer 2010) Civil Engineering Intern Track progress on civil construction jobs at DuPont Ingleside chemical plant Construction Inspection, progress reports, performing ASTM tests, quality assurance/ quality control, reporting of results. EDUCATION Graduated Cum Laude from Texas A&M University — Kingsville with a Bachelor of Science in Civil Engineering ACTIVITIES/ AWARDS/ MEMBERSHIP American Society of Civil Engineers (ASCE) — 2011 to Present, Currently serving as Treasurer for Corpus Christi branch. Eagle Scout Cum Laude Graduate BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Apr 15, 2015 Status: submitted Profile Prefix Kevin Firs Name Middle Initial Nelson Last Name Which Boards would you like to apply for? MARINAADVISORYCOMMITTEE, PORT OF CORPUS CHRISTIAUTHORITYOF NUECES COUNTY, TX, WATER RESOURCES ADVISORY COMMITTEE, WATERSHORE AND BEACH ADVISORYCOMMRTEE Street Address Suite orApt City 5tatc Postal Code District 1 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 4.11M11111110 1111111,111111111111 Primary Phone Altemate Phone TEXAS A&M UNIVERSITY - CORP US NIVERSITYCORPUS CHRISTI Employer 6300 OCEAN DR. Work Address- Street Address and Suite Number CORPUS CHRISTI WorkAddress- City TX WorkAddress- State POST DOCTORAL RESEARCH ASSOCIATE Job Title 78412 WorkAddres- Zip Code 361-825-3763 Work Phone Work E-mail address Home/Primary Address Preferred M iling 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. COASTALAND MARINE SYSTEM SCIENCES; M.S. COMPUTER SCIENCE CURRENT REGIONAL ACTNrTY, 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 0 No Current resident of the city? ® Yes O No II yes, how many years? Upload a Resume Please upload any additional suppomng documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticaipurposes 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 icndcr 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 1 swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) Question applies to WATERSHOR E AND BEACH ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * ® Scientist i.e.,Marine Biologist) BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Sep 15, 2015 Status: submitted Profile Prefix Terry A Palmer First Name Middle Last Name Initial 4.111111111.111111.1111111111111111111111. Email +didres Which Boards would you like to apply for? WATERSHORE AND BEACH ADVISORY COMMITTEE Street Address Suite or Apt Ciry District 4 What district do you live in? WPM IPIM Slate Postal Code Please CLICK HERE for a map to verify your district assignment. 1111111.111111111111 V111111111110111110 Pnmary Phone Altemate Phone Texas A&M University -Corpus Christi Employer 6300 Ocean Drive WorkAddress- Street Address and Suite Number Cor us Christi WorkAddress - City Texas Work Address- State 78412 Research Associate Job Title WorkAddress - Zip Code 3618252063 Work Phone terrypalmer@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: No Education, Professional and/or Community Activity (Present) Master of Science (Marine Science) from University of Texas Registered Voter? Qp Yes Q No Current resident of the city? Qp Yes Q No 9 It yes, how many years' Palmer_Terry _resuml_Ju12015 work.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. ® I 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 WATERSHORE AND BEACH ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * ® Scientist i.e.,Marine Biologist) ® Environmentalist Terence A. Palmer IN" EDUCATION 2006 MS in Marine Biology, University of Texas at Austin (Marine Science Institute), USA 2002 BSc(Tech) in Marine Science: University of Waikato, Hamilton, New Zealand RESEARCH EXPERIENCE Sept 2006 — present Harte Research Institute for Gulf of Mexico Studies, Texas A&M University - Corpus Christi Research Associate (2010 - present), Research Specialist (2006 — 2009) Performed investigations of water quality and benthic macrofauna in Gulf of Mexico and U.S. Atlantic estuaries relating to changes in artificial reef recruitment, oyster populations, hypoxia, freshwater inflow and other disturbances. Implemented annual field sampling and subsequent data analysis for a project monitoring McMurdo Station, Antarctica to determine contamination effects on terrestrial and marine sediments. Prepared data for and co-authored manuscripts and reports for research investigations using SAS, ArcGIS, Primer, Sigmaplot and other software. Presented research at local and international conferences. Managed and mentored graduate students. Sampled, sorted and identified benthic macrofauna for baseline monitoring. Field skills include SCUBA diving in a large range of conditions (>450 dives), boat handling, benthic sampling (infauna, epifauna and encrusting fauna), datasonde and water quality sensor management. Jan — Aug 2001, University of Texas Marine Science Institute Jan 2004 - Aug 2006 Research Assistant Performed investigations of benthic macrofauna in Texas estuaries, relating to changes in freshwater inflow and other anthropogenic disturbances. Sampled, sorted and identified benthic macrofauna for baseline monitoring. Prepared data for and co-authored two annual reports for research investigation. Field skills include benthic sampling, SCUBA diving, boat handling and datasonde management. Implemented terrestrial and marine field sampling in and around McMurdo Station, Antarctica as part as an environmental monitoring program. Taught laboratory exercises for oceanography, marine invertebrates and marine environmental science courses. Teaching entailed field work, instructing, processing of data and grading of written reports. Oct 2002 — Dec 2003 Auckland Regional Council, Auckland, New Zealand Hydrology Technician Assisted in designing, constructed and maintaining hydrological flow and rainfall stations including the use of dataloggers, transducers and water quality sensors. Implemented water quality sampling, datasonde deployment, land surveying, and beach profiling. Responsible for data management and report writing. Nov 1999 — Feb 2000 Environment Bay of Plenty, Whakatane, New Zealand Research Assistant Participated in long-term benthic macrofaunal monitoring program. Developed a GIS database concerning the development of the region's waterways. OTHER QUALIFICATIONS PADI Rescue Diver PADI Dry Suit Diver SSI Enriched Air Nitrox Diver Texas Boating Safety Certificate First Aid/CPR/Emergency Oxygen certified PROFESSIONAL AFFILIATIONS American Academy of Underwater Sciences TAMUCC Dive Control Board TEACHING EXPERIENCE 2013.2014 Guest Lecturer: Benthic Ecology. Texas A&M University -Corpus Christi. 2009, 2011, 2013.2014 Guest Lecturer: Experimental Design. Texas A&M University -Corpus Christi. Summer 2005, Graduate Teaching Assistant, Marine Environmental Science. Marine Science Institute, University of Texas at Austin, Port Aransas Summer 2004, Graduate Teaching Assistant, Marine Invertebrates. Marine Science Institute, University of Texas at Austin, Port Aransas. Spring 2004, Graduate Teaching Assistant, Introduction to Oceanography. Marine Science Department, University of Texas at Austin, Austin. 2000, High School Biology Tutor, Hamilton Boys High School, Hamilton, New Zealand PUBLICATIONS Palmer, T.A., P.A. Montagna, R.H. Chamberlain, P.H. Doering, Y. Wan, K.M. Haunert, D.J. Crean. 2015. Determining the Effects of Freshwater Inflow on Benthic Macrofauna in the Caloosahatchee Estuary, Florida. Integrated Environmental Assessment and Management. DOI 10.1002/ieam.1688 Rhodes, A.C., N.F. Carvalho, T.A. Palmer, L.J. Hyde, P.A. Montagna. 2015. Distribution of two species of the genus Nototanais spp. (Tanaidacea) in Winter Quarters Bay and waters adjoining McMurdo Station, McMurdo Sound, Antarctica. Polar Biology DOI 10.1007/s00300-015-1727-7 Palmer, T.A., and P.A. Montagna. 2015. Impacts of droughts and low flows on estuarine water quality and benthic fauna. Hydrobiologia 753: 111-129. DOI 10.1007/s10750 -015-2200-x Palmer, T.A., P. Uehling and J.B. Pollack. 2015. Using oyster tissue toxicity as an indicator of disturbed environments. International Journal of Environmental Science and Technology 12: 2111-2116. DOI 10.1007/s13762-014-0745-2 George, L.M., K. De Santiago, T.A. Palmer and J.B. Pollack. 2014. Oyster reef restoration: effect of alternative substrates on oyster recruitment and nekton habitat use. Journal of Coastal Conservation 19: 13-22 DOI: 10.1007/s11852 -014-0351-y Montagna, P.A., T.A. Palmer, and J.B. Pollack. 2013. Hydrological Changes and Estuarine Dynamics. Springer, New York, 94 pp. Palmer, T.A., P.A. Montagna, and R.D. Kalke 2013. The effects of opening an artificial tidal inlet on hydrography and estuarine macrofauna in Corpus Christi, Texas. Environmental Monitoring and Assessment. 185: 5917-5935. DOI 10.1007/s10661-012-2995-0. Pollack, J.B., A. Cleveland, T.A. Palmer, A.S. Reisenger, and P.A. Montagna. 2012. A restoration suitability index model for the eastern oyster (Crassostrea virginica) in the Mission -Aransas Estuary, TX, USA. PLOS ONE 7: e40839. Pollack, J.B., T.A. Palmer, and P.A. Montagna. 2011. Long-term trends in the response of benthic macrofauna to climate variability in the Lavaca -Colorado Estuary, Texas. Marine Ecology Progress Series 436: 67-80. Palmer, T.A., P.A. Montagna, J.B. Pollack, R.D. Kalke and H. DeYoe. 2011. The role of freshwater inflow in lagoons, rivers, and bays. Hydrobiologia. 667: 49-67. Kennicutt M.C. II, A. Klein, P. Montagna, S. Sweet, T. Wade, T. Palmer, J. Sericano, and G. Denoux. 2010. Temporal and spatial patterns of anthropogenic disturbance at McMurdo Station, Antarctica. Environmental Research Letters. 5: 034010. Montagna, P.A., T.A. Palmer, R.D. Kalke and A. Gossmann.2008. Suitability of using a limited number of sampling stations to represent benthic habitats in Lavaca -Colorado Estuary, Texas. Environmental Bioindicators. 3: 156-171. Palmer, T.A., P.A. Montagna, R.D. Kalke.2008. Benthic indicators of the initial effect of opening a channel. Environmental Bioindicators. 3: 205-206. Montagna, P.A , E.D. Estevez, T.A. Palmer, and M.S. Flannery. 2008. Meta-analysis of the relationship between salinity and molluscs in tidal river estuaries of southwest Florida, U.S.A. American Malacological Bulletin. 24: 101-115. Palmer,T.A., P.A. Montagna, and R.B. Nairn. 2008. The effects of a dredge excavation pit on benthic macrofauna in offshore Louisiana. Environmental Management. 41: 573-83. Palmer, T.A., P.A. Montagna, and R.D. Kalke 2002. Downstream effects of restored freshwater inflow to Rincon Bayou, Nueces Delta, Texas, USA. Estuaries. 25: 1448-1456. BOOK CHAPTERS (REFEREED) Klein, A.G., S.T. Sweet, M.C. Kennicutt II, T.L. Wade, T.A. Palmer, and P. Montagna. 2014. Long - Term Monitoring of Human Impacts to the Terrestrial Environment at McMurdo Station, Chapter 9. In: Tin, T., D. Liggett, P.T. Maher, and M. Lamers (Eds.) "Antarctic Futures: Human Engagement with the Antarctic Environment" pp 213-227. doi: 10.1007/978-94-007- 6582-59 Mattson, R.A., K.W. Cummins, R.W. Merritt, P.A. Montagna, T. Palmer, J. Mace, J. Slater, and C. Jacoby. 2012. Benthic Macroinvertebrates, Chapter 11. In: Lowe, E.F., L.E. Battoe, H. Wilkening, M. Cullum, and T. Bartol, "The St. Johns River Water Supply Impact Study Final report." St. Johns River Water Management District, Palatka, Florida. http://www.sjrwmd.com/watersupplyimpactstudy/ BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Sep 04, 2015 Status: submitted Profile Prefix Duncan First Name Email Address F Samo Middle Last Name Initial Which Boards would you like to apply for? WATERSHORE AND BEACH ADVISORY COMMITTEE Street Address City District 3 What di nct do you I ve in? Please CLICK HERE for a map to verify your district assignment. ima11111111111111 vaimmies Primary Phone Alternate Phone Del Mar College Employer 101 Balwin Blvd WorkAddrez- Street Address and Suite Number Corpus Christi WorkAddress- City Texas Work Address- State 78404 Emeritus Professor Job T:tle Suite orApt State Postal Cade WorkAddress- Zip Code 361-698-2820 Work Phone dsamo@delmar.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: No Education, Professional and/or Community Activity (Present) Education: MED - University of Houston 1977 Professional: Professor for 34 years at Del Mar College as Program Director of Medical Laboratory Technician Program; Department Chair for 7 years for Allied Health Community Activity. Member of Corpus Christi Yacht Club (1992 - present); member of Bay Yacht Club (1989 - present); sailboat owner (1984 - present); Sailed Corpus Christi Bay since 1984 Registered Voter? ® Yes p No Current resident of the city? ® Yes 0 No 40 If yes, how many years CurricuIum,yitaeJDuncan Samo.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 Ml 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. ® !Agree Board -specific questions (if applicable) Question applies to WATERSHORE AN D BEACH ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * ® Scientist i.e.,Marine Biologist) Curriculum Vitae Duncan Field Samo ■ Curriculum Vitae Duncan Field Samo ■ ■ EDUCATION: Secondary School Rahway High School Rahway, NJ Newark Preparatory School Newark, NJ College or University Texas A & I University Kingsville, TX Texas A & I University Dates Attended Sept, 1958 -May, 1962 Sept.1962-May, 1963 Dates Attended Jan.'71-Aug,'74 Aug.'74-Aug.'75 Graduate or Professional Dates Attended University of Houston Sept.'76-Aug.'77 Aug.'77 Houston, TX Baylor College of Medicine June'77-Aug.'77 Aug.'77 Houston, TX Corpus Christi State University Corpus Christi, TX Jan.'85-May'85 & Jan.'87-Sept.'87 University of Texas- Austin Sept.'87-June'88 Austin, TX Undergraduate Studies Medical Technology, Biology, Chemistry, Mathematics Graduate Studies Community College Leadership Program, Education Administration University of Texas, Austin Honorary society membership, scholarships, and fellowships Alpha Chi Honor Society, 1973 Noyes Fellowship -Baylor College of Medicine, 1976-1977 Del Mar College Faculty/Staff Development Grant, May 1985 Date of Graduation May, 1962 May, 1963 De2ree None Bachelor of Science Aug.'75 De2ree Master of Education Certificate (?) Undergraduate course work Pursuing PhD. Community College Administration 1 Curriculum Vitae Duncan Field Samo American Society of Clinical Pathologists - Board of Registry Medical Technologist, MT (ASCP) certification Teaching and Research Facility Position Dates Del Mar College Corpus Christi, TX Memorial Medical Center Hospital Corpus Christi, TX Texas A&I University Kingsville, TX Texas A&I University Kingsville, TX Employment Facility Del Mar College Del Mar College Memorial Medical Center Hospital Corpus Christi, TX Pasadena Bayshore Hospital (?) Memorial Medical Center Hospital Corpus Christi, TX Pan American World Airways, New York, N.Y United States Professor Program Director Medical Laboratory Technology Program Associate Professor Education Coordinator Laboratory Instructor Research Assistant Position Department Chair Professor Education Coordinator Medical Technologist Medical Technologist Jet Mechanic Jet Mechanic 8/80 -Present 09/90 90- 2005 Aug. 1975 - present Subjects Taught Instrumental Anal., Blood Bank, Immunology/Serology Urinalysis/Parasitology Professional Relations & Medical Ethics. Clinical Supervision 8/77 Oversee all aspects in 8/80 clinical laboratory science 8/72 Freshmen Biology Lab 5/74 Freshmen Chemistry & Physiology Lab Spring Sem.74 Dates 8/07-8/15 8/80-8/15 Tissue Culture Research Duties Department Chair Allied Health Program Director Medical Laboratory Technology Program 8/77 Oversee all aspects in 8/80 clinical laboratory sciences 10/76-8/77 General duties in all areas of laboratory science 8/75-8/76 General duties in all 2/68-1/71 areas of laboratory science Maintenance, repair, & service Boeing 727,707 and 747 Aircraft 2/64-2/68 Maintenance, repair & service, Air Force crew chieft-130 Aircraft 2 Curriculum Vitae Duncan Field Samo Community Service During the past 30 years the following activities have documented my commitment to providing service to the Corpus Christi community. A complete listing of my accomplishment in the various community activities may be found in my vitae. The most notable accomplishments have been the following: Bayfest Inc. Board of Trustee President - January 2005 to 2010 Operations Co -Chairman 1999 - 2010 General Chairman 1992 - 1993 Various Committee assignments from 1989 to 2010 Leadership Corpus Christi Graduate May 1995 Member of Alumni for Leadership Corpus Christi since May 1995 Corpus Christi Yacht Club Board of Directors 1995-1997 Served as the following Chairman Race Committee Education Committee Docks and Moorings Fleet Captain Education Chairman 2010 -2012 PRO — Changes in Latitudes 2000-2015 Corpus Christi Junior League sponsored Coastal Bend Science & Engineering Fair Judge 1992 - 1999 American Cancer Society Cattle Baron's Staging Co -Chairman 2002 - 2003 Board of Directors 1882-1986 Other Committee positions Midget Ocean Racing Fleet (M.O.R.F.) Positions held since 1984 Fleet Captain Wed. Night Handicap Chairman Columbus Fleet Association Board of Director 1995 - Present President, Board of Directors - 1995 - 1996 Instructor - 15th Century Sail & Training Program Main Mast Captain - Nina & Pinta Foremast & Gaviero - Santa Maria 3 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Sep 30, 2015 Status: submitted Profile Preri x Email Address Kenneth Firg Name R. Scott Middle Las Name Initial Which Boards would you like to apply for? CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION 1 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 Lily District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone USCG _ Marine Investigator Employer Job Tilde WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City TQC Slate Postal Code WorkAddress- Slate 78401 WorkAddress- Zip Code Work Phone rob.scott@coldwellbanker.com Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please Lists I 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 No Current resident of the city? p Yes QNo 15 months 11 yea how many years? ROB_RESUME.docx Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. CaucasiaNNon-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. ® I Agree Board -specific questions (if applicable) Question applies to WATERSHOREAND BEACH ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * ® None of the above Specialty 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 FORA CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Sep 29, 2015 Status: submitted Profile Michael Prefix First Name Email Address Middle Initial Starek Last Name Which Boards would you like to apply for? WATERSHORE AND B EACH ADVISORY COMMITTEE 1111111•0111111 Street Address Suite or Apt 1111111111 City State Pose! Code District 4 What distnct do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Texas A&M University -Corpus Christi E=mployer 6300 Ocean Drive WorkAddress - Street Address and Suite Number Corpus Christi WorkAddress - City TX WorkAddress- State 78412 Alternate Phone Professor .lcb Title WorkAddress- Zip Code 3618253978 Work Phone michael.starek@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: no Education, Professional and/or Community Activity (Present) please refer to my resume for more details. Registered Voter? ® Yes 0 No Current resident of the city? ® Yes Q No 3 If yes, how many years') BiographicaLSketch Starek.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. 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. lAgree 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 WATERSHOREAND BEACH ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * ® Engineer Michael J. Starek Assistant Professor of GISc and Geospatial Surveying Engineering School of Engineering and Computing Sciences Associate Director of the Geospatial Computing Lab Conrad Blucher Institute for Surveying and Science, Unit 5868 Texas A&M University -Corpus Christi, Corpus Christi, TX 78412 Expertise LiDAR UAS for mapping and surveying Spatial modeling and analytics Coastal geomatics Education University of Florida, Civil Engineering, emphasis in Geosensing Systems Engr., Ph.D., 2008 Texas A&M University -Corpus Christi, Computer Science, M.S., 2002 Texas A&M University -Corpus Christi, Environmental Science, math minor, B.S., 1999 Professional Appointments Since January 2014, Assistant Professor of GIS & Engineering, Texas A&M University -Corpus Christi 2012 — 2013, Associate Research Scientist, Harte Research Institute, Texas A&M -Corpus Christi 2011 — 2012, Research Associate/Research Assist. Professor, North Carolina State University 2009 —2011, National Research Council Postdoctoral Fellow of US Army Research Office Selected Publications 1. E.B. Taylor, J.C. Gibeaut , D.W. Yoskowitz, and Michael J. Starek , Assessment and Monetary Valuation of the Storm Protection Function of Beaches and Foredunes on the Texas Coast, Journal of Coastal Research, 2015. 2. N.J. Lyons, M.J. Starek, K.Wegmann and H. Mitasova, (2015). Bank erosion of legacy sediment at the transition from vertical to lateral stream incision. Earth Surface Processes and Landforms. 3. Z. Pan, J.C. Fernandez -Diaz, C. Glennie, and M.J. Starek, Comparison of Bathymetry and Seagrass Mapping witth Hyperspectral Imagery and Airborne Bathymetric LiDAR in Shallow Estuarine Environment, Int. Journal of Remote Sensing (in review; second revision 2015) 4. M.J. Starek, T. Davis, and D. Pouty, Small-scale UAS for Geoinformatics Applications on an Island Campus, in Proceedings of IEEE Ubiquitous Positioning, Indoor Navigation, and Location -based Services, Corpus Christi, TX, November 2014 5. M.J. Starek, H. Mitasova, K.W. Wegmann, and N. Lyons, Space -Time Cube Representation of Stream Bank Evolution Mapped by Terrestrial Laser Scanning, IEEE Geoscience and Remote Sensing Letters, DOI 10.1109/LGRS.2013.2241730m Vol. 10 (6), Nov. 2013 . 6. P. Paris, M.J. Starek, E. Hardin, O. Kurum, M. Overton, and H. Mitasova, Lines in the Sand: Geomorphic and Geospatial Characterization and Interpretation of Sandy Shorelines and Beaches, Geography Compass, 2013. 7. M.J. Starek, R.J. Vemula, K.C. Slatton, and R.L. Shrestha, Probabilistic Detection of Morphologic Indicators for Beach Segmentation with Lidar Time Series, IEEE Transactions on Geoscience and Remote Sensing, 50 (11), 2012. Synergistic Activities Professional Outreach: Reviewer for several remote sensing, coastal science, and geomatics journals including PE&RS, Journal of Coastal Research, and IEEE Transactions on Geoscience and Remote Sensing; Member of ASPRS, AGU, IEEE, ASCE, and ASBPA; Serve as IEEE Corpus Christi Treasurer and Member of American Shore and Beach Preservation Association (ASBPA) Students & New Professionals Committee. University Representative for the NSF/NASA UNAVCO consortium Education Outreach: Active in advancing education initiatives by conducting k-12 and two-year community college education outreach including volunteering for the Regional Science Fair, Coastal Bend Engineering Competition, GIS Day, and working with Del Mar college GIS program for providing student research experiences in geospatial technology. Development of professional short courses including: UAVs for Surveying, North Carolina Professional Surveyors (October 2014); Student Career Development Workshop, ASBPA National Conference (October 2013, October 2014); Lidar Data Processing Training Workshop for US Army GEOINTEL, Fort Bragg, NC (March 2012) Recognition: Recipient of Lights and Mirrors Award at USACE Coastal Charting and Mapping Workshop (2011); Awarded two NRC Postdoctoral Research Associateships from the US Army Research Office and US Air Force Research Lab (2009; accepted ARO award); Named semifinalist in the International Science and Engineering Visualization Challenge sponsored by the National Science Foundation and the Journal Science (2007); Chi Epsilon Civil Engineering Honor Society (inducted in 2007); University of Florida Alumni Fellowship (2004-2008) Mentoring: Serve as advisor for students in geospatial surveying engineering, geographic information science, environmental science, and coastal and marine system science at the BS, MS, and PHD level. Presently: mentor three undergraduate research students, serve as chair for four Master's students and committee member for four Master's students, and chair for two doctoral students. Course instructed: remote sensing (undergraduate), photogrammetric engineering (graduate), geospatial analysis (graduate) Collaborators Bruce Blundell (ERDC Topographic Engineering Center), James Gibeaut (Harte Research Institute), Craig Glennie (University of Houston), Russell S. Harmon (ERDC International Research Office Director), John G. Harris (University of Florida), Kittipat Kampa (Amazon), Andrew Kennedy (Univ. of Notre Dame), Heezin Lee (University of California at Berkeley), Helena Mitasova (North Carolina State University), Margery Overton (North Carolina State University), Shachak Pe'eri (UNH/NOAA), Ramesh L. Shrestha (University of Houston), Karl Wegmann (North Carolina State University) Current Research Projects (Co -PI) NSF MRI: Development of an Integrated Gas Monitoring and Source Identification Unmanned Aircraft System for Exploration, Compliance and Assesssment; 2016-18, $539,998 (PI) G. Jeffress, J. Rizzo (Co -PI), M. J. Starek (Co -PI), R. Chen (Co -PI) Regional Geospatial Modeling for Gulf of Mexico, NOAA/NGS, FY 2014-15 Year 2 award of $700,000; Requested total award of $5,462,808 over 5 Years (Years 3 — 5 contingent). (PI) M.J. Starek, J. Gibeaut (Co -PI), High -Resolution Lidar Observations of Rookery Islands to Define A Monitoring Benchmark, Texas General Land Office / NOAA CMP, 2014-2015, $93k (PI) M.J. Starek, (Co -PI, UC Berkeley) H. Lee, Development of Probabilistic Clutter Maps within Complex Forested Terrain, USACE ERDC, 2014-2016 , FY 2014-15 Year 1 award of $109,900, FY 2015-16 Year 2 renewal award of $132,402 (contingent) (PI) M.J. Starek, (Co -PI) J. Gibeaut, Development of Geospatial Techniques for a Marsh Observatory through the Integration of UAS and Field Measurements, Texas Research Development Funding, 2014-15, $20k (PI) M.J. Starek Campus Student Surveying Project (ongoing), Internally funded by TAMUCC Physical Plant (not competitive), Funded annually at—$20,000k BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Sep 02, 2015 Status: submitted Profile Prertx Mukesh First Name Email Address Subedee Middle Last Name Initial Suffix Which Boards would you like to apply for? WATERSHORE AND BEACH ADVISORY COMMITTEE StreetAddress Suite or Apt IMO 1111•4 dry District 2 What disnct do you live in? Please CLICK HERE for a map to verify your district assignment. state Postal Code Primary Phone Alternate Phone Harte Research Institute for Gulf of Mexico Studies Employer 6300 Ocean Drive, Unit 5869 WorkAddress- Street Address and Suite Number Corpus Christi 1.arkAddress- City Texas Work Address - State 78412 Geospatial Research Programmer �o:i'r!, - Zip Code 3618252003 Work F' one mukesh.subedee@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 don't currently serve on any City board or committee. However, I have always been part of a community organization, in various ways, wherever I have lived that work on different environmental issues. I have been to one of the meetings of this committee and has really liked the issues that this committee deals with, and would like to be part of it. Education, Professional and/or Community Activity (Present) Education: M.S. in Geographic Information Science and Remote Sensing - Clark University, MA - Graduation: May 2014 M.S. in Computer Science - University of Nebraska -Lincoln, NE - Graduation: Aug 2010 B.S. in Computer Engineering - Tribhuvan University, Nepal - Graduation: Mar 2006 Professional Activity: Geospatial Research Programmer - Harte Research Institute (HRI) - Aug 2014 to present Registered Voter? 0Yes ®No Current resident of the city? Yes 0 No /year It yes how many years? CV_MukeshSubedee.pdf PIe..:. ;.goad ars additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Asian or Pacific Islander Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ®'Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. 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 Board -specific questions (if applicable) Question applies to WATERSHORE AND BEACH ADVISORY COMMI TTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * ® Environmentalist Mukesh Subedee Education Master of Science, Geographic Information Science and Remote Sensing Clark University, Worcester, Massachusetts Master of Science, Computer Science University of Nebraska -Lincoln, Lincoln, Nebraska Bachelor of Engineering, Computer Engineering Advanced College of Engineering and Management, Tribhuvan University, Nepal Professional Experience Geospatial Research Programmer 08/2012- 05/2014 08/2008- 08/2010 08/2001- 03/2006 Harte Research Institute, TAMU-CC 08/2014 - present • Working as geospatial lead of the project 'Living with Sea Level Rise in Texas"' to evaluate local impacts of storm surge and sea level rise in the Galveston Bay using GIS, LiDAR and marine processes data • Managing the project by coordinating and tracking a team of two graduate students and two staffs along with two research groups in Harte Research Institute (HRI) • Assisting field work by performing coastal elevation surveys to monitor changes to beach and dune systems and marsh environments GIS Research Consultant Wildlife Conservation Society 01/2014 - 02/2015 • Provided consulting for Wildlife Conservation Society on marine habitat research, and mapping different marine habitats in Myanmar coast using Landsat 8 satellite imagery in collaboration with the Clark Labs' consulting service Teaching Assistant Clark University 02/2013 - 05/2014 • Conducted lab session, provided support and tutor students in the lab, trouble -shot ArcGIS and IDRISI related issues for 25+ graduate students, assisted with course related administrative tasks and graded problem sets for graduate -level course - `Introduction to GIS' in Fall 2013 and Spring 2014 semester • Provided support and tutor students in the class, assisted students on the projects related to crowdsourced mapping and mobile technologies, and graded problem sets for graduate -level course - `GIS for International Development' in Spring 2013 semester NOAA-NGI Diversity Intern NOAA-NGI Diversity Internship Program 05/2013 - 08/2013 • Conducted extensive research related to time -series analysis of status of Cedar Bayou, a natural pass connecting the Gulf of Mexico and Mesquite Bay in Texas, based on morphologic responses of the pass to past processes using LiDAR, aerial imagery, wave statistics, and other process information • Prepared maps, figures and text for the project report submitted to Clark University and poster presented on NESTVAL Conference US Geological Survey Intern USGS-Western Fisheries Research Center 10/2012 - 02/2013 • Helped USGS Web Feature Service (WFS) developer team in the research, configuration and coding of Open Geospatial Consortium (OGC) compliant Web Feature Services (WFS) for National Atlas of United States Information Technology Specialist USGS-Western Fisheries Research Center 09/2010 - 09/2012 • Collaborated with team to develop and code new set of Web Map Service (WMS) functionalities using MapServer, Python MapScript and OpenLayers for National Atlas of United States, and test it with QGIS and ArcGIS. • Lead research on the effective preparation and delivery of OGC compliant WMS in National Atlas • Set up and maintained database and development servers to develop the generation and deployment of WMS with both MapServer and ArcGIS Server for National Atlas of the United States and also for the Infomation System Templates developed for Coastal Biogeographic Risk Analysis Tool (CBRAT) • Assisted on migration of Microsoft Access bioinformatics database of CBRAT to the web to do the spatial queries • Provided diagnosis and troubleshooting of software related problems in the organization. Carry out research on available software development products, identified suitability of products for scientific and administrative activities for both CBRAT and National Atlas projects. Graduate Research Assistant University of Nebraska -Lincoln 01/2009 - 07/2010 • Studied and developed an optimization mechanism for joint scheduling of computing and network resources on lambda grid/cloud network using C++ under the supervision of Prof. Byrav Ramamurthy • Collaborated on the development of networking test bed called GpENI for testing future protocols and services with researchers in USC/ISI East and other four mid -western universities (KU, KSU, UNL, UMKC). Set up and maintained the UNL Node Cluster (with five servers and a Netgear switch) of GpENI, and maintained and updated UNL's progress in the GpENI website Graduate Teaching Assistant University of Nebraska -Lincoln 08/2008 - 05/2010 • Conducted class/lab while Professors were unavailable, helped students on homeworks/labs, graded homeworks/labs, and prepared questions and their solutions of homeworks/quizzes for `Numerical Analysis I', `Digital Image Pro- cessing', `Computer Science I', and `Automata and Computation Language' in four different semesters for under- graduate Computer Science students Assistant Lecturer Khwopa Engineering College, Nepal 05/2006 - 06/2008 • Lectured, prepared exams/quizzes, graded homeworks/exams and conducted lab for the undergraduate level cources - `Data Structure and Algorithm', `Operating Systems', `Digital Image Processing', `Software Engineering' for Bachelor of Computer Engineering students • Supervised two Bachelor of Computer Engineering final years' projects related to Image Processing - `Character Recognition System' and `Face Recognition System' Part-time Assistant Lecturer WhiteHouse College of Engineering, Nepal 06/2007 - 06/2008 • Taught and supervised labs for the undergraduate level cources - `Geographical Information System' and `Software Engineering' for Bachelor degree in Computer Engineering students. Publication • Holmes, K.E., Tint Tun, Kyaw Thinn Latt, M. Subedee, S. V. Khadke, A. E. Hostetler, Co. Poole, R. Tizard, T. Myint, and S. Htun. 2015. Marine conservation during radical transformation: The current state of marine knowledge in Myanmar and implications for conservation (Manuscript in Preparation) • Holmes, K.E., Tint Tun, Kyaw Thinn Latt, M. Subedee, S. V. Khadke, and A.E. Hostetler. 2014. Marine Conservation in Myanmar - The current knowledge of marine systems and recommendations for research and conservation. Yangon, WCS and MSAM. 198 pp. • Subedee, M., S. V. Khadke, A. E. Hostetler and K. E. Holmes. 2014. Marine Habitat Mapping for Myanmar's Critical Corridors. Final Report submitted to the Wildlife Conservation Society. Clark University. 20 pp. • Subedee, M. 2010. Co -scheduling of Resources in a Lambda Grid/Cloud Environment. UNL CSE Masters' Report, University of Nebraska -Lincoln. 83 pp. Presentations • Subedee, M., S. Khadke & A. Hostetler, "Mapping Marine and Coastal Habitats in Taninthayi Marine Corridor, Myanmar", Wildlife Conservation GIS Research Seminar, Wildlife Conservation Society (WCS), May 2014, Bronx, NY (Oral) • Subedee, M., J. Gibeaut & D. Del Angel, "Time Series Analysis of Cedar Bayou", The New England -St. Lawrence Valley Geospatial Society (NESTVAL) Conference, October 2013, Worcester, MA (Poster) • Subedee, M. & R. Nehmer, "Overview of using and creating Web Map Services", 2012 Oregon Coastal Web Mapping and Geo -enabled Tools Meeting, Central Coast GIS Users Group, May 2012, OR (Oral) • Subedee, M., P. Angu, B. Ramamurthy & K. G. Christensen (2010), "GpENI@UNL: UNL Contributions to a Regional Network Testbed", GPN2010: The Great Plains Network Annual Meeting, June 2010, Kansas City, MO. (Poster) • Angu, P., M. Subedee, B. Ramamurthy, X. Yang & T. Lehman, "Inter -Domain Dynamic Circuit Network Creation", IEEE GLOBECOM, December 2010, Miami, FL. (Demo) Technical and Field Skills Applications/Tools:- ArcGIS (Desktop, Server and Online), IDRISI, ERDAS Imagine, LAStools, GeoDa, MapServer, MapScript, PostgreSQL, PostGIS, OpenLayers, SLAMM, Hazus-MH, Grapher, R, SPSS, Latex Programming Languages:- Python, MATLAB, C, C++, Visual Basics, html, css, xml, PHP Field Skills•- Real-time Kinematic (RTK) GPS base station and rover operation, Sokkia total station operation, Trimble GeoXT handheld GPS receiver operation Awards and Honors • IDCE Tuition Fellowship, Clark University,Worcester, MA, Fall 2012 - Spring 2014 • Travel Award for 6th, 7th and 8th GENI Engineering Conference (GEC), Salt Lake City 10/2009, Durham 03/2010 and San Diego 07/2010 • Outstanding Graduate Student Poster Award in GPN2010: The Great Plains Network Annual Meeting, Kansas City, Missouri, June 2010 • Certified International Teaching Assistant, Institute of International Teaching Assistants (ITA), University of Nebraska - Lincoln, August 2009 Community Services • Co-founder and President, The SNEHA Foundation (an NPO registered in the State of Maryland to support Nepal's education and health advancement), 08/2011 - present • Member, Environmental Graduates in Himalaya, Resources Himalaya Foundation, Kathmandu, Nepal, 11/2011 - present • Site Coordinator, 24th Annual REC Earth Day Cleanups 2013, Worcester, MA, 04/27/2013 • International Student Representative, IDCE Student Association, Clark University, 2013 • Organizing Committee Member, 2012 Oregon Coastal Web Mapping and Geo -enabled Tools Meeting, Newport OR, 05/16/2012 • Judge, ACM North Central Regional Programming Contest 2009, Lincoln NE, 10/31/2009 • President, Nepalese Student Association, UNL (NSA-UNL), Lincoln NE, 07/2009 - 06/2010 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Sep 15, 2015 Status: submitted Profile Dr. Philippe Tissot Prefix First Name Email Address Middle Last Name Strtfix Initial Which Boards would you like to apply for? WATERSHORE AND BEACH ADVISORY COMMITTEE Street Address Suite orApt City District 2 State Postal Code What district do you love in? Please CLICK HERE for a map to verify your district assignment. ill11111111111111111 11111111110111111111 Primary Phone Altemate Phone Texas A&M University -Corpus Christi Employer 6300 Ocean Dr. WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress- City Texas WorkAddress- State 78412 Associate Research Professor Job? e WorkAddress- Zip Code 361-825-3776 Work Phone philippe.tissot@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: I do not currently serve on any City board, commission or committee. Education, Professional andlor Community Activity (Present) Present activity: Associate Research Professor and Associate Director of the Conrad Blucher Institute both at Texas A&M University -Corpus Christi. I have been studying and modeling coastal physical processes for more than 15 years. Education consist of Physics Engineering Diploma (MS) and Nuclear Engineering Phd. Registered Voter? Q Yes.Q No Current resident of the city? p Yes Q No 16 years If yes, how many years', Biosketch_Tissot City_FaII2Q15.pdf Please upload any addit;onal 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 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. 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. ® I Agree Board -specific questions (if applicable) Question applies to WATERSHOREAND BEACH ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * ® Engineer Philippe E. Tissot Conrad Blucher Institute and Department of Physical and Environmental Sciences Texas A&M University -Corpus Christi Biosketch: Dr. Tissot is the Associate Director for the Conrad Blucher Institute and an Associate Research Professor at Texas A&M University -Corpus Christi. His research focuses on the analysis and prediction of coastal physical processes. Projects include developing operational predictions for navigation and emergency management, work on sea level rise and its impact and the development of mobile apps to better communicate this information. Dr. Tissot has authored or co-authored 24 peer reviewed articles, over 120 proceedings, abstracts and technical presentations, a Physical Science text book for future K-12 teachers, and 2 US Patents. Prior to joining TAMUCC in 1999, Dr. Tissot was a research scientist at a private research institution working on R&D projects including developing prototypes for companies in the areas of oil exploration, environmental assessment, semiconductor materials analysis, and treatment of engineered wood materials. Professional Preparation Swiss Federal Institute of Technology Texas A&M University Appointments 2013 -present 2011 -present 2009-2011 2007-2013 2006-2007 2003-2006 2001 —2007 2001 1999 — 2001 1996 — 1999 1995 — 1999 Engineering Physics Nuclear Engineering Diploma, 1987 Ph.D., 1994 Associate Research Professor, College of Science & Engineering Associate Director, Conrad Blucher Institute for Surveying and Science Assistant Director, Conrad Blucher Institute for Surveying and Science Associate Professor of Physics Coordinator for the Coastal and Marine System Science (CMSS) PhD program, Coordinator of the Science, Math & Technology Education (SMTE) program, TAMU-CC. Assistant Professor of Physics and Physical Science Visiting faculty intern at Advanced Micro Devices Process Characterization and Analysis Laboratory (pcal), Austin, Texas. Assistant Research Scientist at the Conrad Blucher Institute, TAMU-CC. Institutional Radiation Safety Officer for the Houston Advanced Research Center. Research Associate / Research Scientist at the Technology Development Laboratory (TDL) of the Houston Advanced Research Center (HARC). Selected Recent Publications & Reports (Past 5 years) Collins, W. and Tissot, P. (2015) "An Artificial Neural Network Model to Predict Thunderstorms within 400 -km2 South Texas Domains" Meteorological Applications, doi: 10.1002/met.1499. Tissot, P., Stephen, D, Fonseca, D., Chau, H., Tran, D., Pulgarin, L. and Letlora, S. (2015) "Weather for the Road: a Mobile Solution". Presentation at the 13th Symposium on the Application of Artificial Intelligence to Environmental Sciences, part of the AMS 95th Annual Meeting, 4-8 January 2015, Phoenix, Az. [Available online at https://ams confex.com/ams/95Annual/videogateway.cgi/id/29823?recordingid=29823]. Tissot, P., Dell, L., Rizzo, J. and Williams, D. (2015) "Nearshore Measurements of Wave Climate and Current Profiles along the Texas Coastal Bend". Proceedings of and oral presentation at the 13th Symposium on the Coastal Environment, part of the AMS 95th Annual Meeting, 4-8 January 2015, Phoenix, Az. [Both available online at https://ams. confex. com/ams/95Annual/webprogram/Paper269560.html] . Reid, S., Tissot, P.E. and Williams, D. (2014) "Methodology for Applying GIS to Evaluate Hydrodynamic Model Performance in Predicting Coastal Inundation", Journal of Coastal Research, accepted, JCOASTRES-D-13-00160. Tissot, P., Rizzo, J. and Williams, D. (2014) "Nearshore Measurements and Correlations of Wave and Current Profiles", oral presentation at the 2014 American Shore and Beach Preservation Association National Conference, October 15-17, 2014, Virginia Beach, Virginia. Tissot, P., Zhu, W.B., Duff, S., Martin, D., Rink, M. and Rizzo, J. (2014) "Development, Assessment and Implementation of an Automated Gap Filling Method for Tide Stations with Dual Water Level Sensors", oral presentation and proceedings of Oceans' 14, September 15-18, St. Johns, Newfoundland, CA. doi: 10.1109/OCEANS.2014.7003065. Rizzo, J., Tissot, P. and Duff, S. (2014) "The Texas Coastal Ocean Observation Network", oral presentation and proceedings of Oceans' 14, September 15-18, St. Johns, Newfoundland, CA. doi: 10.1109/OCEANS.2014.7003131. Besonen, M., Zimba, P., Hill, E., Tissot, P., McKay, M., Nicolau, B., Hu, X., and Silliman, J. (2014) "Long-term Water Quality and Environmental Changes in Baffin Bay as Inferred from Sediment Cores—Preliminary Results". Presentation at the 2014 Texas Bays and Estuaries Meeting, April 23-24, Port Aransas, TX. Wade, H., Tissot, P. and McLaughlin, R. (2014) "Quantitative Modeling of Flood Insurance Claims, Inundation, and Sea Level Rise as a tool for Coastal Planning and Policy". Poster presentation at the Planning for Disaster Resilience Symposium, College Station, TX, April 4-5, 2014. Starek, M., Bridges, J., Bridges, D. and Tissot, P. (2014) "Unmanned Aerial System for Coastal Reconnaissance of the Near-shore Zone". Presentation at the ASPRS 2014 Annual Conference, March 23-28, Louisville, KY. Besonen, M. Zimba, P., Hill, E., Tissot, P., McKay, M. and Silliman, J. (2013) "Finding the Baseline – Putting Recent Eutrophication of Two South Texas Coastal Water Bodies Into Perspective by Using Sedimentary Records to Examine the Long-Term, Natural Variability of the Systems", poster presentation 0523C-1669, 2013 AGU Fall meeting, December 9- 13, 2013, San-Francisco, CA. Froeschke, B., Tissot, P., Stunz, G. and Froeschke, J. (2013) "Spatio-temporal predictive models for juvenile Southern Flounder in Texas estuaries. North American Journal of Fisheries 33(4), August 2013; 817-828. doi: 10.1080/02755947.2013.811129. Dalthorp, M., Naehr, T. and Tissot, P. (2013) Relationship of Subsurface Reservoir Properties and Hydrocarbon Sea Surface Surface Slicks in the Northern Gulf of Mexico". In book: Hydrocarbon Seepage: From Source to Surface, Chapter: 12, Publisher: Society of Exploration Geophysicists and American Association of Petroleum Geologists, Editors: F. Aminzadeh, T.B. Berge, D.L. Connolly, pp.185-198, 01/2013; DOI:doi:10.1190/1.9781560803119.ch12. Warner, N. and Tissot, P.E. (2012). "Storm Flooding Sensitivity to Sea Level Rise for Galveston Bay, Texas", Ocean Engineering, Volume 44, pp 23-32. Warner, N., Sterba-Boatwright, B., Tissot P., and Jeffress, G. (2012) "Storms, Sea Level Rise and Estimated Increase in Inundation Probability with Confidence Intervals for Galveston, Texas", in Estuarine Modeling 2011, ISBN 9780784412411. Reid, S. and Tissot, P.E. (2012). "Hydrodynamic Model Implementation for Navigation Support in Corpus Christi Bay", in Estuarine Modeling 2011, ISBN 9780784412411. Tissot, P.E. (2012) "Climate Change and the Gulf Coast". Invited presentation, Texas Center for Climate Studies `Gulf of Mexico Regional Climate Modeling Workshop', May 30-31, 2012, College Station, Texas. Tissot P.E. and Martin, D. (2011) "Determining the Tidal or Non -Tidal Nature of Indian River Water Level Stations". Report to Cooner and Associates, Land O'Lakes, Florida and the Florida Department of Environmental Protection, Tallahassee, Florida. Simoniello, C., P.E. Tissot, D. McKee, J. Adams, R. Ball and R. Butler. (2010) "Cooperative Approach to Resource Management: Texas Gamefish Win" Journal of the Marine Technology Society, Scientific Note, 44 5: 5-9. Patents John Colvin, Charles Vignal, Philippe Edouard Tissot, and Larry Raymond Crowe "Resin - Impregnated Substrate, Method of Manufacture and System Therefor", US Patent US 6,620,459 B2, Sept. 16, 2003. John Colvin, Charles Vignal, Philippe Edouard Tissot, and Larry Raymond Crowe "Resin Impregnated Substrate Materials", US patent US 7,585,566, 9/8/2009. Course Book Reid G. and Tissot, P. (2009) "A Teacher's Guide to Physical Science", Kendall Hunt, Dubuque, Iowa. ISBN 978-0-7575-6268-6. Synergistic Activities Development and online implementation of real-time predictive models based on machine learning techniques. Operational models now include: 14 locations for water level predictions, 1 for current predictions, 2 for water temperature predictions. Locations are along the Texas coast to help enhance navigational safety and were used (Dec 2009, Feb 2011) to interrupt barge traffic < http://www.cbi.tamucc.edu/cbi/Predictions/>. Conducted research on coastal safety including on the occurrence of rip currents in South Texas and navigational safety in Texas waterways. The rip current study led to improved public outreach and signage near piers and jetties where rip currents were found to take place most often. Public outreach is continued through TV interviews and feedback to local entities. Committed to mentoring undergraduate researchers (over 40 since 2000) from all background and giving them important tasks allowing them to grow and excel. 11 have since pursued a MS degree, 2 a PhD. Resulted so far in 2 Journal publications, 42 abstracts and posters, 17 awards (Sigma Xi, ERF, NOAA, TAMUCC). 2 students were awarded the NOAA's Ernest F. Hollings Undergraduate scholarships. Was awarded the 2007 TAMUCC Faculty advisor of the year award in part related to this mentoring activity. Set up and coordinated the TAMU-CC Science, Mathematics, and Technology Education (SMTE) program for the preparation of future Math and Science teachers (2003-2006) and advised future science teachers 2003-2012. Teaching, outreach and research in the field led to the book: G. Reid & P. Tissot, (2009), "A Teacher's Guide to Physical Science", Kendall Hunt, Dubuque, Iowa. ISBN 978-0-7575-6268-6. Other Service to the Community TV and Radio interviews (KEDT, Caller Times, KRISTV, KEDT, Univision) for the past four years to help the community get ready for Hurricane Season. Examples still available online: - Kiiitv: http://www.kiiitv.com/story/25575375/know-your-coastal-bend-flood-zone - Kiiitv: http://www.kiiitv.com/story/25645904/tamucc-professor-discusses-potential- threats-of-a-hurricane - TAMUCC archives: http://www.tamucc. edu/news/2013/09/Peak%20of %20Hurricane%20 Season%20.html - Kiiitv: http://www.kiiitv.com/story/23384800/halfway-through-hurricane-season-dont- let-guard-down - Bay Area Citizen: http://www.yourhoustonnews.com/bay area/news/hurricane-season- peak-is-sept-expert-warns-don-t-let/article_cb979c9e-f255-5779-8b7c- 6c20d492b5a0.html - Nueces County Record Star: http://www.recordstar.com/news/article_6e5 a5d0c-40a4- 5a69-8f5e-be830349f2d6.html Gave a series of interviews on the dangers of rip currents including: - - KiiiTV: http://www.kiiity.com/story/18876714/expert-warns-of-rip-currents-near- piers-and jetties - - TAMUCC archives: http://www.tamucc.edu/news/2012/07/TissotStudyRipCurrents.html Provided advice to the city of Corpus Christi regarding relative sea level rise in the Coastal Bend to help decision making regarding the Corpus Christi Marina (Peter Davidson and other city staff, September 2011). Provided advice to the Houston/Galveston National Weather Service Office on modifications of surge rules for Galveston Bay after the removal of the Pleasure Pier tide station and replacement with the North Jetty tide station (summer 2011). Provided from 2009 to 2014 water temperature predictions for the Laguna Madre to several groups. Provided the guidance for the economically efficient closure of the Laguna Madre to barge traffic during the winters of 2010 and 2011. During closure of the waterway in 2011, over 1400 turtles were stranded with about 2/3 surviving. The model, predictions and closure of the waterway likely helped. Thesis Advisor (Past 5 years) Chair: Natalya Warner (PhD), Felischa Cullins (MS), Shanon Parham (MS), James Davis (MS). Co-chair: Robyn Ball (MS), Yelena Nevel (MS), Dan Prouty (PhD), Elizabeth Shanks (MS, PhD). Total Advised (Chair/Co-Chair): Ph.D. 3, MS 13. Member of number of other PhD and MS advising committees. Awards 2010: Recipient of a Spring 2010 Texas A&M University System Chancellor Teaching Excellence Award ($5,000). One of three TAMUCC faculty to score in top 5 percent. 2007: Texas A&M University -Corpus Christi Faculty Advisor of the year. 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: Password 1 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 14 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 14 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. 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 i P Ra Ref 4 TLCl2 "" � L ` IL w �c '5" 7s G,2 Priv . s r jr OVHD F R!A$ AUTH 23 ET Y ea cc iG n "35" 2:1 Q nod Surf -tr Ra p ��4 r a •..... cry 1 .4 Ramp' - 9 1 I i R S L.r ft C .• a �,: 4 4ft 11O °Boiler %I I •' 1 1'1 9,l G.y7. Surfaced Ramp G-13 • '1'R' a. _ a .III R IRl O =-.,.....- 7 /ff S J S G 7"l R.rf, ` s GAt(j' Ramp Floodgate a o 11; fes` "1" Rit Y3.IR Priv 1\\\Tim 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. Packery Channel 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 construction. 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 3 ' 3' WHITE 2" ORANGE REFLECTIVE BORDER 6" BLACK LETTERS PIPE SUBMERGED 6" BLACK -. LETTERS AK r PIPE \4/IN 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. (f) 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. (f) 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.htm1 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. I. 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: 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. ALLISON • HWY 37 AGNES ST LEGEND URBAN LNV CRG GREEN_ OQD 4a • LAGUNA MADRE LOCATION MAP NOT TO SCALE L HITECA P PROJECT: E1 -01 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 14, 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. 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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 *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 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 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 i Y S 1J0000 w ' rasa' a Iz 12) A 64-1 MEMO 5/1' IRON ROO W MCF POS: air err Ir atfOUr/o pt /realm' c rut) N 2B'57'37" E 635.00' 20' tin RLmwa urre 13' orlon LASllIOII s 58.38'38. W 40.27' S 28'57'37' W + 25.00' `Py7LNal/StY Sir 3/1' IK,ROO 11/C4 5L7 PK N/47. nam' LOT 1 1.953 .4C 85,058. f3 50.FT. S 28'57'J7- W 575.10' LO' f4 -e. sccr,01v 21 FLOUR BLUFF & ENCINAL FAR51 & GARDEN TRACTS ti21.34 C. 101. Y.RYFI S 2rSit'4J' w setae PR(1r0ustr SIT Sire' WON ROO e/ r4P E.Ist in LOT 74, SECTi0N 21 FLOUR SLUFF d ENCINAL FARM & GARDEN TRACTS WC. A P05. 41-e1 11 RAC!' 100 0 100 200 SCALE IN FEET )113 $a FOUND 5/e. Igaw SCO 1 S' mum- Srperr S(w5R ciso ocr rRUED I° NOR e L RE+wI1N.NC 5.721 ACMES OJT Ter EAST 1/2 cF tor f/, SEC1700ti 21, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS Y7r. A PCS 41+-11 QFH F J. Rune O MER: JOHN t It Aarth, RIMER S' Malt rIORM WWI rA5fj("T four r0 HOW 8 retroottsLY SIT V1" HON Raft w/ VP STATE Or TEXAS COUNTY OF NUECES We. Jahn Bader and wife, Elizabeth Butler, hereby certify that we are the owners of ab' the lands embraced within the boundaries of the foregoing plat; that we have hod said lands surveyed and subdivided as sheen hereon; that all streets and easements as shown hereon are dedicated to the pubrk use forever; and that the foregoing plat Iros prepared for the purposes of dedication and description. This the /9 doy of /•417 .2004. L Eikr h'zabelh Butter Owners John Butler 5 2e 31'U' v 710 51 • ftstrata. wruin LOT 1.3. SECTION 2, FLOUR BLUFF dr ENCINAL FARM do GARDEN TRACTS eat. A PGS. 11-4J. R.N .t e 77' PRLHOuscr 5(5 5/D' 1 [Row Roo Ir/ rX srArt OF TEXAS COUNTY OF NUECES Approvedbr the Corpus Christi -Nooses Courtly Nealfh Department. This the �r day of /1'171-�]) 2.2004. Any private wafer supply mrd/or sewage system snob' be approved by the Corpus Christi—Nueces County Health Department prior to installation. ff/��r'""� Public Neagh Engineer STATE OF TEXAS COUNTY OF NUECES This final pkat of the herein described properly was approved by the Director of Planning of the City of Carpus Christ., Teves, provided however. This approval shoo be invalid and nun unless This plat be filed with the County Clerk within sir (b, months hereafter. This th L doy of v u1 2004. Director of Planning 04-054 o 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 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 Rev. 12/11/2015 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 $585.017 Rev. 12/11/2015 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 f 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) 110 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. 3.08 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: CITY OF CORPUS CHRISTI By 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, 4t' 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) 6th 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. 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. 3.2 Mandatory Service Requirements 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 13,00)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 13,015,840.00 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 13,000,000.00 (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 13,000,000.00 (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 13,000,000.00 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 1,000,000.00 0.875 6/30/2017 13,005,81100 13,000,000.00 5,81100 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 in 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) Applicant's Profile & Qualifications (Section 3.4) 10-20% 15-25 % Local Presence (Section 3.5) 5-10% Fee Schedule (Section 3.6) 40-50% Exceptions 1 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 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 payment of a reservation fee in the amount of Seventy -Five Thousand Dollars ($75,000.00) to be paid within thirty days of the date the City Manager or the City Manager's designee signs this Second 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 Agreement as amended herein shall expire twelve months from the Effective Date of this Second Amendment. The twelve-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. Should the Parties need additional time to negotiate an agreement for the delivery of recycled wastewater, Valero may extend this Second Amendment 1 by an additional six months at no additional cost by providing written notice to the City thirty days prior to the expiration of this Second Amendment. 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 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 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 City Council Meeting December 15, 2015 DATE: 11/25/2015 TO: Ronald L. Olson, City Manager FROM: Susan Thorpe, Assistant City Manager SThorpe@cctexas.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 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. These funds will be used as interim financing for the construction of the home on a city owned lot. A buyer must be qualified through the Nueces County Community Action Agency and approved for permanent financing through a local lender before the Notice to Proceed is issued. ALTERNATIVES: Allow the lender to provide the interim financing. OTHER CONSIDERATIONS: The intent is to develop comparable market analysis for homes within the CDBG boundaries. There have been very few sales in the last few years. The city will provide a subordination agreement to transfer the city owned lot at title closing. CONFORMITY TO CITY POLICY: The proposed guidelines are in conformance with 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 Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Funding will be reimbursed to the Type A at Title closing. RECOMMENDATION: Staff recommends the approval of the Affordable Housing — Type A Pilot Program. LIST OF SUPPORTING DOCUMENTS: Type A Pilot Program - updated Resolution 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 *** UPDATED DRAFT 12-9-15 *** CITY OF CORPUS CHRISTI Corpus Christi Business and Job Development Corporation Affordable Housing - Type A Pilot Program City of Corpus Ch risti EQ )AL WJUSW(i OPPORTUNITY Corpus Christi Business and Job Development Corporation Affordable Housing — Type A Pilot Program Program Guidelines Purpose The purpose of the Type A Pilot Program is to promote and encourage local homebuilders to build new homes on vacant lots within the boundaries of the City of Corpus Christi. This program will demonstrate the viability of building affordable homes in infill areas of the City, where existing street and utility infrastructure are available to promote the development of single-family residential homes. II. Program Description: The Type A Pilot Program (Program) funding is available to qualified builders for 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. For the first lot under this program, the City will provide plans and specifications for a three-bedroom home to be built on the lot at 2034 Mary Street. Qualified builders will submit, through a bid process, the bids to construct the home. The City will accept the lowest qualified bid. Notice to Proceed will be issued after the buyer has been qualified through the Nueces County Community Action Agency and has been approved for permanent financing through a local lender. The maximum amount available for a new construction single-family residential home is $100,000 for a three-bedroom dwelling. This program can be combined with other available programs. The homebuyer can apply for the City's existing Type A Homebuyer Assistance Program for up to $10,000 for down payment and buy down costs, and can apply for the HOME Assistance Program for up to $5,000 in closing costs. The sale of the home will be the construction cost of the home plus $1,500 for the cost of the land. The proceeds will be used to reimburse the waived fees, to make the General Fund whole, with the remainder of funds being redeposited to the Type A Fund. III. Builder Eligibility through Bid Process: • 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. Type A Pilot Program — Updated Draft 2 December 9, 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 through a subordination agreement at closing • Type A funding as interim loan construction • Waiver of fees, which include building permit, inspection fees, water, sewer and gas taps. Type A Pilot Program — Updated Draft 3 December 9, 2015 AGENDA MEMORANDUM Resolution/Action Item for the City Council Meeting of December 15, 2015 DATE: TO: Ronald L. Olson, City Manager December 11, 2015 FROM: Miles Risley, City Attorney milesr@cctexas.com 361-826-3873 Resolution authorizing a "Four Party Agreement" and related authorizations necessary to enable the Texas Department of Transportation to obtain federal funding for the Harbor Bridge Replacement Project. CAPTION: Resolution authorizing the City Manager or designee to execute a Four Party Agreement with the Texas Department of Transportation (TxDOT), the Port of Corpus Christi Authority (Port), and the Corpus Christi Housing Authority, to provide duties effectively required by the Federal Highway Administration related to TxDOT's construction of the Harbor Bridge; issuing consent for the Port's acquisition of property pursuant to Texas Water Code § 62.106(d); and making further authorizations and declarations related to said Four Party Agreement. PURPOSE: To obtain authority to execute the Four Party Agreement upon which federal funding for the US Highway 181 (US 181) Harbor Bridge Project is conditioned. BACKGROUND AND FINDINGS: Complaint filed by Texas Rio Grande Legal Aid. On March 13, 2015, the Federal Highway Administration ("FHWA") Coordination and Compliance Division received a complaint filed by the Texas Rio Grande Legal Aid, Inc. on behalf of some residents of the Hillcrest Neighborhood ("Neighborhood") in Corpus Christi, Texas (the "Complaint") alleging, in part, that the Texas Department of Transportation ("TxDOT") violated Title VI of the Civil Rights Act of 1964, 42 U.S.C. §2000d and 49 C.F.R. Part 21, when it selected the Red Alternative for the Harbor Bridge Replacement Project ("Project"). The Four Party Agreement. In response to the Complaint, to allow federal funding for the construction of the Harbor Bridge, the FHWA is requiring TxDOT to make commitments that TxDOT is meeting with the attached Four Party Agreement ("Four Party Agreement") between the City of Corpus Christi ("City"), the Port of Corpus Christi Authority ("Port"), and the Corpus Christi Housing Authority ("Housing Authority"), which commitments and Four Party Agreement will provide for specific mitigation actions to resolve the Complaint. This Resolution provides authority to execute that Four Party Agreement. City's Consent under Texas Water Code § 62.106 to Port's Use of Eminent Domain in a Manner That Benefits Residents. During the acquisition process provided for in the Four Party Agreement, the Port may encounter properties with partial interests that are held by absent property owners. To be able to sell property to the Port under the Neighborhood Acquisition Plan, a seller must be able to provide good and complete title. For sellers of property who have non-resident partial interest owners, the Port may need to use eminent domain. The Port's use of eminent domain would be done in a manner beneficial to residents of the Neighborhood, such as when requested by the owner of a property interest in property being sold to the Port. Under Texas Water Code § 62.106, the Port Authority may only acquire property through eminent domain if the City consents to such use. This Resolution assists residents in participating in the Neighborhood Acquisition Plan by providing the required consent. In addition, if a property is purchased by an entity with eminent domain authority, Texas law assists the seller by providing increased eligibility for relocation assistance. Providing said consent further assists participants in their desire to receive relocation benefits. ALTERNATIVE: Decision Not to Proceed with Harbor Bridge Replacement Project (Not Recommended). Staff recommends Council adopt the Resolution as presented and provide the authorities requested. The alternative would be for Council not to adopt the Resolution, and not to authorize the Four Party Agreement. In this case, FHWA will not issue a Record of Decision (ROD), which will cause the Harbor Bridge Replacement Project not to proceed. Existing Structure of Harbor Bridge Requires Either Replacement or Major Rehabilitation. The Harbor Bridge must either be replaced or rehabilitated. Under FHWA guidelines, the existing bridge is a "Fracture Critical Structure" due to the lack of redundancy. Should one of the 280 fracture -critical elements in the existing bridge fail, adjacent elements would receive the burden of weight and could result in a partial or complete bridge collapse. The concrete deck, replaced in 1987 with normal -weight concrete, is experiencing increased loads and traffic, contributing to fatigue on the structural integrity and joints, therefore decreasing the life of the bridge and increasing maintenance and repair. Despite repairs in 2009, and between 2010 and 2012, a structural assessment in September 2012 revealed continuing and reoccurring corrosion issues, stemming from a steel structure bridge in a marine environment. Major Rehabilitation Projects Require Complete Shutdown of Harbor Bridge for 1-24 month periods. Preliminary estimates indicate that major rehabilitation projects will require the Harbor Bridge be taken out of service for one to twenty-four month periods. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: N/A EMERGENCY/NON EMERGENCY: N/A DEPARTMENTAL CLEARANCES: City Attorney, City Manager FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 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): N/A Comments: The Four Party Agreement contains a conditional obligation of up to $320,000 that the City would owe if the City were to fail to perform its obligations. We believe the City will be able to comply with its contractual duties and would not have to pay this penalty. RECOMMENDATION: Staff recommends approval of the Resolution as presented. LIST OF SUPPORTING DOCUMENTS: 1. Resolution 2. Four Party Agreement 3. Two Party Agreement Resolution authorizing the City Manager or designee to execute a Four Party Agreement with the Texas Department of Transportation (TxDOT), the Port of Corpus Christi Authority (Port), and the Corpus Christi Housing Authority, to provide duties effectively required by the Federal Highway Administration related to TxDOT's construction of the Harbor Bridge; issuing consent for the Port's acquisition of property pursuant to Texas Water Code § 62.106(d); and making further authorizations and declarations related to said Four Party Agreement WHEREAS, on March 13, 2015, the Federal Highway Administration ("FHWA") Coordination and Compliance Division received a complaint filed by the Texas Rio Grande Legal Aid, Inc. on behalf of some residents of the Hillcrest Neighborhood ("Neighborhood") in Corpus Christi, Texas (the "Complaint") alleging, in part, that the Texas Department of Transportation ("TxDOT") violated Title VI of the Civil Rights Act of 1964, 42 U.S.C. §2000d and 49 C.F.R. Part 21, when it selected the Red Alternative for the Harbor Bridge Replacement Project ("Project"); WHEREAS, in response to the Complaint, to allow federal funding for the construction of the Harbor Bridge, the FHWA is requiring TxDOT to make commitments that TxDOT is meeting with the attached Four Party Agreement ("Four Party Agreement") between the City of Corpus Christi ("City"), the Port of Corpus Christi Authority ("Port"), and the Corpus Christi Housing Authority ("Housing Authority"), which commitments and Four Party Agreement will provide for specific Title VI mitigation actions to resolve the Complaint; WHEREAS, the Four Party Agreement provides the Port will spend $20 million to purchase property rights in the Hillcrest Area Neighborhood ("Neighborhood"), which encompasses some of the area traditionally known as "Hillcrest" and other areas in the vicinity thereof and is depicted in the attached Map of Hillcrest Area Neighborhood; WHEREAS, under Texas Water Code § 62.107, the Port cannot acquire land unless it can be used for certain purposes necessary for the continued development of the Port of Corpus Christi and its waterways and will aid in the development of navigation -related industries and businesses on the property ("Port Purposes"), and the City declares that the Port may use the land it acquires in the Neighborhood for Port Purposes; WHEREAS, in order for some sellers of property who have non-resident partial interests to be able to provide good and complete title to the Port under the Neighborhood Acquisition Plan described in the Four Party Agreement, the Port may choose to use eminent domain in a manner that is beneficial to residents of the Neighborhood, for example, when requested by the owner of a property interest in property being sold to the Port; WHEREAS, Texas law assists residents by providing increased eligibility for relocation assistance if their properties are purchased by an entity with eminent domain authority; WHEREAS, therefore, the City desires to assist residents in participating in the Neighborhood Acquisition Plan and to assist participants in their desire to receive relocation benefits by providing the consent required under Texas Water Code § 62.106 to the Port's use of eminent domain; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute the attached Four Party Agreement with the Texas Department of Transportation ("TxDOT"), the City of Corpus Christi ("City"), the Port of Corpus Christi Authority ("Port"), and the Corpus Christi Housing Authority ("Housing Authority") to provide for the actions required by the Federal Highway Administration ("FHWA") for TxDOT's construction of the Harbor Bridge under the US 181 Harbor Bridge Replacement Project. The City Manager is further authorized to execute amendments and changes to the Four Party Agreement that do not increase the duties or required expenditures by the City. SECTION 2. In accordance with Texas Water Code § 62.106, the City of Corpus Christi consents to the Port's use of eminent domain in the acquisition of property interests in the Neighborhood. The City recognizes limitations to the exercise of that authority that are incorporated into the attached Four Party Agreement. The City also recognizes the intent of the Four Party Agreement to limit, during its term, the use of eminent domain to acquisitions that benefit the purported owners of interests in property being acquired. SECTION 3. The City hereby declares its support for the Neighborhood Acquisition Plan described in the attached Four Party Agreement. The City further commits to make such changes to its regulatory structure over property in the Neighborhood, if any such changes are necessary, that will enable the property in the Neighborhood to be used for Port purposes. SECTION 4. City staff are authorized to execute all other documents necessary to effectuate the terms of the Four Party Agreement, in a form to be approved by the City Attorney. 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 Map of Hillcrest Area Neighborhood (Hillcrest Area 'Neighborhood HARBOR BRIDGE REPLACEMENT PROJECT CORPUS CHRISTI, TEXAS Four Party Agreement This Agreement ("Agreement") is made by and between the Texas Department of Transportation ("TxDOT"), the Port of Corpus Christi Authority of Nueces County, Texas ("Port"), the City of Corpus Christi, Texas ("City"), and the Corpus Christi Housing Authority ("Housing Authority"). TxDOT, the Port, the City, and the Housing Authority are each referred to as a "Party," and collectively as the "Parties." RECITALS WHEREAS, the Federal Highway Administration ("FHWA") and TxDOT have proposed the replacement of the current Harbor Bridge in Corpus Christi, Texas (the "Project"). The bridge spans the Corpus Christi Ship Channel. FHWA and TxDOT, as joint lead agencies, initiated the National Environmental Policy Act ("NEPA") evaluation of the Project in 2011 and prepared an environmental impact statement (EIS); WHEREAS, on March 13, 2015, the FHWA Coordination and Compliance Division received a complaint under Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d) and 49 C.F.R. Part 21, submitted by two individuals who reside in the Hillcrest neighborhood in the City of Corpus Christi (the "Complaint"); WHEREAS, FHWA and TxDOT propose to enter a Voluntary Resolution Agreement ("Two Party Agreement") to implement specific Title VI mitigation actions for the Project and resolve the Complaint (Exhibit B). This Four Party Agreement is an agreement by the undersigned Parties who have joined together to implement the requirements of the Two Party Agreement; and WHEREAS, TxDOT is authorized to enter into an interlocal contract with one or more local governments under Transportation Code §201.209, the Port is authorized to enter into a contract with any person, government or governmental agency necessary or convenient to carry out any of the powers granted to the Port in Subchapter E of Chapter 60, Water Code, the City is authorized to enter into an interlocal contract under Government Code, ch. 791, and the Housing Authority may cooperate with a municipality, political subdivision, or the state, in action taken with respect to the problems of providing housing for persons of low income under Local Government Code §392.059; and WHEREAS, the Port supports the Project for a new, modern, efficient and safe Harbor Bridge which will improve the operations of the Port of Corpus Christi and make it more attractive to new industry; NOW THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, and the mutual promises of the Parties set forth herein, the Parties agree as follows: AGREEMENT Section 1. Effective Date. The Agreement shall become effective contemporaneously with the FHWA's issuance of the Record of Decision for the Project ("Effective Date"), which approves of the Preferred Alternative identified in the Final EIS signed on November 25, 2014. Section 2. Effective Period. The Agreement will be in effect starting with the Effective Date and ending on the date the new Harbor Bridge is open to traffic ("Effective Period"). However, the obligations of the Parties to this Agreement shall be suspended during any period that the Harbor Bridge Project (Red Alternative) is suspended due to the actions of any federal or state agency, litigation, or administrative action related thereto. If the Harbor Bridge Project (Red Alternative) is terminated, this Agreement will cease to be effective. Section 3. Exhibits. This Agreement incorporates herein the exhibits which show the Two Party Agreement, certain defined terms used in the Agreement, and show the action measures each Party will perform. Section 4. Responsibility. 4.1 Each Party is responsible for performing the action items described in the exhibit identified for that Party attached to the Agreement. In addition, TxDOT is responsible to oversee the action items to be carried out by the Port, City, and the Housing Authority and to ensure completion of such items. 4.2 Nothing in this Agreement shall be deemed or construed by the Parties, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the Parties. Section 5. Record Keeping and Reporting. 5.1 Record Keeping. The Port and the City each shall maintain records of their work performed under this Agreement as it relates to each Neighborhood Property. The records shall be organized using a common identifying label for each property using the unique identifying record indicator established by the Nueces County Appraisal District. 5.2 Record Keeping Required by Two Party Agreement. The reporting requirements in this paragraph apply to the Port, City, and Housing Authority (the "Local Governmental Entities"). The Local Governmental Entities shall each maintain the records required by the Two Party Agreement that relate to their respective responsibilities under this Agreement. 5.3 Quarterly Reports by Port, City, Housing Authority. Each Local Governmental Entity shall submit one completed progress report quarterly, in a form/format provided by TxDOT, describing the work and progress made to carry out the action items it is responsible for under the Agreement, and as is necessary to satisfy the reporting requirements of the Two Party Agreement as they relate to their respective 2 responsibilities. Each Local Governmental Entity must submit a report for the periods of: October 1 to December 31, January 1 to March 31, April 1 to June 30, and July 1 to September 30, for the duration of the Effective Period. The Local Governmental Entity shall furnish one copy of the completed progress report to TxDOT on or before the thirtieth (30th) calendar day of the month following the end of the period for which the report is submitted. The Local Governmental Entity must complete the report in its entirety with the most accurate information available at the time of reporting. It must be able to support the information contained in its progress reports. 5.4 Quarterly Report by City's Liaison. The City shall submit quarterly reports to TxDOT as required by the Two Party Agreement that relate to the Liaison's duties. 5.5 Quarterly Report by TxDOT. TxDOT shall submit to FHWA one progress report quarterly, in a form/format approved by FHWA, describing the work and progress made to carry out the action items that TxDOT is responsible for under the Proposal. TxDOT must submit the quarterly reports for the duration of the Effective Period. TxDOT shall furnish one copy of the completed progress report to FHWA on or before the sixtieth (60th) calendar day following the end of the period for which the report is submitted. TxDOT must complete the report in its entirety with the most accurate information available at the time of reporting. It must be able to support the information contained in its progress reports. Section 6. Inspection by FHWA. TxDOT and the Local Governmental Entities each agree to permit FHWA, or its authorized representatives, to inspect all work and other data, and to audit the books, records, and accounts of the Party and its contractors pertaining to performing the action items described in the Agreement. Section 7. Dispute Resolution. 7.1 Informal Resolution Procedures as Condition Precedent. Any disputes among the Parties relating to this Agreement (a "Dispute"), shall be the subject of the informal dispute resolution procedures set out in this Section 7 before a Party may exercise any other rights and remedies available under Section 7.3. 7.2 Informal Resolution. If any Party believes a Dispute exists, that Party may notify the other Parties in writing that a Dispute exists. A Party may notify another Party that the provisions of this Section 7 are invoked (the "Resolution Start Notice"). The notice must include (a) the statement of such Party's position on the Dispute, (b) a summary of the reasons supporting such Party's position and (c) a proposed resolution to such Dispute that would be satisfactory to such Party. Within ten (10) business days from receipt of the Resolution Start Notice, the Party receiving the notice shall deliver to the other Party a written response to the Dispute (a "Resolution Response Notice"). Each Resolution Response Notice shall include (i) a statement of such Party's position on the Dispute, (ii) a summary of the reasons supporting such Party's position and (iii) a proposed resolution of such Dispute that would be satisfactory to such Party. Each Party will designate a senior executive of such Party (the "Designated Executive") and agrees that such Designated Executives shall have full authority to resolve such Dispute. A Party may replace its Designated Executive upon written notice to the other 3 Party. The Designated Executives shall immediately begin to communicate regarding the Dispute, including attendance at a personal meeting if requested by the other Designated Executive, and shall exercise good faith efforts to resolve the Dispute fairly and completely within forty five (45) days after the date of the Resolution Response Notice. A Party sending a written notice under this section must send a copy of the notice to all other Parties, whether such other Parties are the subject of the Dispute or not. 7.3 Other Rights and Remedies. If a Dispute has been the subject of informal resolution in accordance with this Section 7, and such procedures are concluded without a resolution to the Dispute that is satisfactory to both Parties, either Party shall be entitled to exercise any other rights and remedies available under this Agreement, or available at law or equity. 7.4 Performance. Each of the Parties shall continue performance under this Agreement during the process of resolving a Dispute. Section 8. Enforcement. 8.1 The Local Governmental Entities each acknowledge and understand that if it does not fulfill its obligations under this Agreement, then TxDOT may assume all or part of their respective obligations. In that event, the Local Governmental Entities agree to reimburse TxDOT for all expenses, obligations, liabilities, costs and fees incurred by TxDOT in connection with assuming their respective obligations under this Agreement. Should TxDOT determine that one of the Local Governmental Entities is not in compliance with the Agreement, then TxDOT may take appropriate action to exercise its rights and remedies available under this Agreement, or available at law or equity. The Local Governmental Entities each acknowledge that TxDOT has provided valuable consideration in this Agreement and that TxDOT is authorized to seek remedies at law or equity to compel it's compliance with the Agreement. THE LOCAL GOVERNMENTAL ENTITIES EACH EXPRESSLY COVENANT AND AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING THE TEXAS CONSTITUTION, TO PROTECT, INDEMNIFY, RELEASE, DEFEND AND HOLD FREE AND HARMLESS TXDOT AND ITS OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, INVITEES, AGENTS, AND CONTRACTORS FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, COSTS AND EXPENSES (THE "LIABILITIES"), ARISING FROM OR AS A RESULT OF THE PARTY'S FAILURE TO CARRY OUT THE ACTION ITEMS DESCRIBED IN THE EXHIBIT IDENTIFIED FOR THAT PARTY ATTACHED TO THE AGREEMENT. The Local Governmental Entities each acknowledge that TxDOT, upon determining that such Party is indebted to TxDOT for Liabilities incurred under this Agreement (to the maximum extent of the indebtedness amounts described below), may submit a report to the Texas Comptroller under Texas Government Code Section 403.055 concerning holds on warrants or electronic funds transfers. 8.2 The Port acknowledges that TxDOT has provided valuable consideration in this Agreement. The Port acknowledges that if it fails to carry out the action items described in Exhibit C, that such failure constitutes a breach of the Agreement and an indebtedness to TxDOT in the amount of $20 million less all Acquisition Costs (as 4 described under the heading "Reimbursement of acquisition costs over $20 million" in Exhibit C) paid by the Port. TxDOT shall provide notice of the Port's breach and an opportunity to resolve the dispute in accordance with Section 7 of this Agreement. TxDOT shall submit a report to the Texas Comptroller under Texas Government Code Section 403.055, concerning holds on warrants or electronic funds transfers, identifying the Port as a debtor to the state. 8.3 The City acknowledges that TxDOT has provided valuable consideration in this Agreement. The City acknowledges that if it fails to carry out the action items described in Exhibit D, that such failure constitutes a breach of the Agreement and an indebtedness to TxDOT in the amount of $320,000. TxDOT shall provide notice of the City's breach and an opportunity to resolve the dispute in accordance with Section 7 of this Agreement. TxDOT shall submit a report to the Texas Comptroller under Texas Government Code Section 403.055, concerning holds on warrants or electronic funds transfers, identifying the City as a debtor to the state, in an amount not to exceed $320,000, less any amount the City has already expended under the Agreement. 8.4 The Housing Authority acknowledges that TxDOT has provided valuable consideration in this Agreement. The Housing Authority acknowledges that if it fails to carry out the action items described in Exhibit F, that such failure constitutes a breach of the Agreement and an indebtedness to TxDOT in the amount of $1,500,000. TxDOT shall provide notice of the Housing Authority's breach and an opportunity to resolve the dispute in accordance with Section 7 of this Agreement. TxDOT shall submit a report to the Texas Comptroller under Texas Government Code Section 403.055, concerning holds on warrants or electronic funds transfers, identifying the Housing Authority as a debtor to the state, in an amount not to exceed $1,500,000, less any amount the Housing Authority has already expended under the Agreement. 8.5 The Local Governmental Entities each acknowledge that should it fail to carry out the obligations described in the exhibit to this Agreement identified for that Party, that TxDOT will request of the Corpus Christi Metropolitan Planning Organization ("Corpus Christi MPO") that any future Metropolitan Mobility/Rehabilitation funds or other MPO fund sources that would otherwise be identified, programmed, or awarded to such Party for transportation projects, shall instead be programmed for TxDOT's use for purposes of TxDOT assuming those obligations to ensure their completion. The Local Governmental Entities further acknowledge and agree that should TxDOT be required to reimburse the Port for costs of the Neighborhood Acquisition Plan that exceed $20 million (as provided for in Exhibit C), that TxDOT will request of the Corpus Christi MPO that any future Metropolitan Mobility/Rehabilitation funds or other MPO fund sources (up to the amount of the required reimbursement) that would otherwise be identified, programmed, or awarded to one or more of the Local Governmental Entities, shall instead be programmed for TxDOT's use for purposes of TxDOT funding its obligations under Exhibit C. The Local Governmental Entities each hereby commit that they will agree with TxDOT's request and not take any action to object to or oppose TxDOT's request or the Corpus Christi MPO's approval and implementation of the request. Section 9. Party Representative; Notices. The Parties each appoint a Party representative, a person whose role, on behalf of a Party, is to coordinate with the other 5 Parties on all work matters related to this Agreement, including working directly or indirectly with the public. Each Party reserves the right to change the designation of its representative from time to time by written notice to the other Parties. All requests, notices, demands, authorizations, directions, consents, waivers or other communications (collectively, "Notices") required or permitted under this Agreement shall be in writing and sent to the Party representative. Notices shall either be: (a) delivered in person, (b) sent by certified mail, postage prepaid, return receipt requested, using the United States Postal Service, or (c) delivered by a nationally recognized overnight courier service that obtains receipts. Each Notice shall be deemed to be delivered to a Party when received at its address set forth or designated as provided in this section. Notices must be addressed to TxDOT at: Christopher Caron, P.E. District Engineer Texas Department of Transportation 1701 South Padre Island Drive Corpus Christi, TX 78416 (361) 808-2221 Chris.Caron@txdot.gov Notices must be addressed to the Port at: John P. LaRue Executive Director Port of Corpus Christi Authority 222 Power Street Corpus Christi, TX 78401 (361) 885-6189 john@pocca.com Notices must be addressed to the City at: Miles Risley City Attorney City of Corpus Christi Legal Department 1201 Leopard Street P. O. Box 9277 Corpus Christi, TX 78469 (361) 826-3361 milesr@cctexas.com 6 Notices must be addressed to the Housing Authority at: Gary Allsup Chief Executive Officer Corpus Christi Housing Authority 3701 Ayers Street Corpus Christi, TX 78415 (361) 889-3350 Bary allsup@hacc.org Section 10. Entire Agreement. This Agreement contains the entire agreement among the Parties with respect to the subject matter hereof, and no oral statements or prior written materials not specifically incorporated herein shall be effective. No variation, modification, or changes hereof shall be binding on any Party unless set forth in a document executed by all of the Parties. Section 11. Assignment. Except as provided in the Voluntary Restrictive Covenant Program described in Exhibit C, the rights and/or obligations under this Agreement of any Party may not be assigned except with the express written consent of the other Parties. Any assignment in violation of this provision shall be void. Section 12. Legal Construction. If one or more of the provisions contained in this Agreement shall for any reason be held inapplicable, invalid, illegal, or unenforceable in any respect, that inapplicability, invalidity, illegality, or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the inapplicable, invalid, illegal, or unenforceable provision. Section 13. Sole Benefit. This Agreement is entered into for the sole benefit of the Parties and their respective successors and permitted assigns. Nothing in this Agreement or in any approval subsequently provided by a Party shall be construed as giving any benefits, rights, remedies, or claims to any other person, firm, corporation or other entity, including, without limitation, the public in general. Nothing in this Agreement shall be construed as creating any liability in favor of any third party or parties against any of the Parties, nor shall it be construed as relieving any third party or parties from any liabilities of such third party or parties to FHWA, TxDOT, the Port, the City, or the Housing Authority. The Parties do not waive, relinquish, limit or condition their right to avoid liability which they otherwise might have to third parties. Section 14. Execution. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, e-mail or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement. IN WITNESS THEREOF, the Parties have caused this Agreement to be executed by its duly authorized signatory, effective as provided herein. PORT OF CORPUS CHRISTI AUTHORITY John P. LaRue Executive Director CITY OF CORPUS CHRISTI Ronald L. Olson City Manager TEXAS DEPARTMENT OF TRANSPORTATION LtGen J.F. Weber, USMC (Ret) Executive Director CORPUS CHRISTI HOUSING AUTHORITY Gary Allsup President and Chief Executive Officer 8 Dated: Dated: Dated: Dated: Exhibit A — Definitions For purposes of this Agreement, each of the following terms shall have the meaning set forth in this Exhibit A. Capitalized terms in this Agreement which are not defined in this Exhibit A are defined in the text of the Agreement or other exhibits to the Agreement. "Acquired Property" shall mean the Neighborhood Property and any other property in the Neighborhood acquired by the Port. "Appraisal" shall mean a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information. "Business" means any lawful activity, except a farm operation, that is conducted on property in the Neighborhood on January 1, 2016 and continuously thereafter: (i) Primarily for the sale of products or services to the members of the Neighborhood or surrounding community for which the business is reliant on the Neighborhood for the majority of the sales; this determination will be made based on type of business, products or services offered, the location of the business, and the availability of the products or services outside of the Neighborhood; or (ii) By a nonprofit organization that has established its nonprofit status under applicable Federal or State law. "Business Property" means any facility in the Neighborhood, including a church, which is not Residential Property and in which a Business is conducted. "Eligible Homeowners" shall mean, for any Owner Occupied Property, the Owner or Owners of that property on January 1, 2016. "Home Based Business" means a home based business located within an Owner Occupied Property. The eligibility of a home based business must be shown by the prior two years certified Federal tax returns showing business operation and a percentage of the home used for the home based business. An eligible business would be relocated and reestablished only if the Owner of the property opted to participate in the Neighborhood Acquisition Program. The home value would be determined based on normal appraisal practices and the offer would be made to the Owner of the property. Separate relocation assistance packages (under the Relocation Program) would be presented, one concerning relocation of the Owner, and one concerning relocation of the business. "Leathers Public Housing Complex" shall mean the 122 -unit public housing complex by that name located in the City of Corpus Christi, which is owned by the Housing Authority and which is located adjacent to the Neighborhood. Harbor Bridge Project Four Party Agreement Exhibit A Page 1 "Neighborhood" shall mean the geographic area in the City of Corpus Christi that is inside the green boundary lines shown in Attachment No. 1 (which attachment is hereby incorporated into the Agreement). "Neighborhood Acquisition Plan" or "Plan" shall mean the Port's plan to purchase the Neighborhood Property as described under the headings "Neighborhood Acquisition Plan" in Exhibit C attached to this Agreement. "Neighborhood Property" means Residential Property and Business Property. "Neighborhood Property Owners" shall mean, for any Neighborhood Property, the Owner or Owners of that property on January 1, 2016 and who own it continuously thereafter. "Owner" shall mean, with respect to any Neighborhood Property, a person who purchases or holds any of the following interests in the Neighborhood Property: (i) Fee title, a life estate, a land contract, a 99 year lease, or a lease including any options for extension with at least 50 years to run from the date of acquisition; or (ii) An interest in a cooperative housing project which includes the right to occupy a dwelling; or (iii) A contract to purchase any of the interests or estates described in subparagraphs (i) or (ii) above; or (iv) Any other interest, including a partial interest, which in the judgment of TxDOT warrants consideration as ownership. "Owner Occupied Property" shall mean any dwelling in the Neighborhood that is owned by one or more Owners and in which at least one Owner who is a natural person resides on a permanent basis on January 1, 2016, and continuously thereafter, whether or not additional persons may reside in the dwelling as Tenants. Owner occupancy status would also apply for members of the military, or other owners, for whom there is a legal, work related, or other necessary reason for the person to not actively occupy the residence on January 1, 2016. "Owner Occupied Restrictive Covenant" shall mean, for any Owner Occupied Property, a legally enforceable restriction that permanently prohibits the use of the property for residential purposes by anyone other than the Eligible Homeowners. Any Owner Occupied Restrictive Covenant described in this Agreement shall be for the benefit of TxDOT, the Port, and the City and may be enforced by any of these Parties. "Person" means any individual, family, partnership, corporation, or association. "Relocation Program" shall mean the Port's plan to provide relocation benefits in connection with the Neighborhood Acquisition Plan as described under the heading "Relocation Program" in Exhibit C attached to this Agreement. Harbor Bridge Project Four Party Agreement Exhibit A Page 2 "Residential Restrictive Covenant" shall mean, for any Neighborhood Property, a legally enforceable restriction that permanently prohibits the use of the property for residential purposes by anyone. Any Residential Restrictive Covenant described in this Agreement shall be for the benefit of TxDOT, the Port, and the City and may be enforced by any of these parties. "Residential Rental Property" shall mean any dwelling in the Neighborhood, including a single family house, a duplex for two or more families, or other multi -family housing, which is not an Owner Occupied Property and in which one or more Tenants reside on January 1, 2016. For properties in which a Tenant does not occupy the property on January 1, 2016, to apply the definition, the Owner must show previous tenant history for the two years immediately prior to the signing of this Agreement. Should the property been occupied by tenants for at least 45 weeks of the prior two years, the property would fall within the definition of Residential Rental Property. To be eligible under the Neighborhood Acquisition Plan (described below) an Owner must own the Residential Rental Property on January 1, 2016, and continuously thereafter. For the absence of doubt, the Leathers Public Housing Complex is not a Residential Rental Property for purposes of this Agreement. "Residential Property" shall mean any Owner Occupied Property or Residential Rental Property. "Tenant" shall mean a person who has temporary use and occupancy of Residential Property on January 1, 2016 and continuously thereafter. For the absence of doubt, a person living in the Leathers Public Housing Complex is not a Tenant for purposes of this Agreement. "Uniform Act" shall mean the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. §4601 et seq.). "Voluntary Restrictive Covenant Program" or "Program" shall mean the Port's program to purchase Owner Occupied Restrictive Covenants and Options as described under the heading "Voluntary Restrictive Covenant Program" in Exhibit C. Harbor Bridge Project Four Party Agreement Exhibit A Page 3 Exhibit B Voluntary Resolution Agreement Harbor Bridge Project Exhibit B Four Party Agreement Exhibit C — Port of Corpus Christi Authority Neighborhood Acquisition Plan. No later than 120 days from the Effective Date of this Agreement, the Port will mail or deliver a written notice ("Original Notice") to the Neighborhood Property Owners of each Neighborhood Property, expressing an interest in buying their Neighborhood Property on a voluntary basis and requesting a written expression of interest from the Neighborhood Property Owners of any Neighborhood Property who may be interested in selling their Neighborhood Property. The Port will provide written notice, in the same manner required under 49 C.F.R. § 24.102, of the terms of the Neighborhood Acquisition Plan to all Neighborhood Property Owners on an annual basis throughout the Effective Period of the program. The Neighborhood Property Owners of any Neighborhood Property who provide the Port with a written expression of interest in selling their Neighborhood Property within three years after receiving the Port's Original Notice are referred to in this Agreement as "Interested Neighborhood Property Owners," whether one or more. The Port will make a written offer to the Interested Neighborhood Property Owners to purchase their Neighborhood Property (each an "Actual Offer") for the full amount of the Port's determination of the just compensation (as described below) for the property. Under the Neighborhood Acquisition Plan, the sellers of any Neighborhood Property must have continuously owned the property from January 1, 2016 to the date of sale. (In other words, the Port will not purchase Neighborhood Property from any Owners other than the Owners of the property on January 1, 2016.) For purposes of the Plan, the just compensation for any Neighborhood Property shall be deemed to be the approved Appraisal of the value of the property as determined under the appraisal process in 49 C.F.R. §§24.103 and 24.104, without giving effect to any rules that might render such rules inapplicable. The Port's Actual Offer to buy an Owner Occupied Property shall also give the Eligible Homeowners the right to retain a life estate in the property. The Port will automatically become the owner of the property upon the death of the last to die of the Eligible Homeowners. In such cases, the purchase price of the property will be reduced to reflect the value of the retained life estate. Eligible Homeowners who elect to retain a life estate in their Owner Occupied Property waive their rights to any relocation benefits described below under the heading "Relocation Benefits." Any Neighborhood Property purchased by the Port pursuant to the Neighborhood Acquisition Plan must be conveyed to the Port free and clear of any liens. Upon the Port's purchase of any Neighborhood Property under the Neighborhood Acquisition Harbor Bridge Project Four Party Agreement Exhibit C Page 1 Plan, the Port shall promptly record a Residential Restrictive Covenant on that property in the real property records of Nueces County. In no instance shall the Port convey any acquired Neighborhood Property to any other person prior to executing and recording a Residential Restrictive Covenant on that property. The Port will demolish each dwelling or facility it purchases pursuant to the Neighborhood Acquisition Plan. The Port will maintain any property it acquires under the Plan, including mowing the grass as needed. Relocation Program. If the Port buys any Owner Occupied Property in accordance with the Plan, the Port will provide relocation assistance to the Eligible Homeowners and eligible Tenants, if any, of that property. If the Port buys any Owner Occupied Property in which a Home Based Business is conducted, the Port will also provide relocation assistance for the Home Based Business. Similarly, if the Port buys any Residential Rental Property pursuant to the Plan, the Port will provide relocation assistance to the eligible Tenants of that property. The sellers of a Residential Rental Property will not be provided relocation benefits. If the Port buys any Business Property in accordance with the Plan, the Port will provide relocation assistance for the Business on that property. The Port will provide relocation assistance to displaced Eligible Homeowners and displaced eligible Tenants as required under the applicable sections of the Uniform Act and 49 C.F.R. Part 24, Subparts C -F. The Port will provide relocation assistance to eligible Businesses and Home Based Businesses as required under the applicable sections of the Uniform Act and 49 C.F.R. Part 24, Subparts C -D. Within 60 days of the Effective Date of this Agreement, the Port will engage an acquisition and relocation service provider to implement and administer the Neighborhood Acquisition Plan on the Port's behalf. Reimbursement of Acquisition Costs in Excess of $20 Million. Under this Agreement, the Port's "Acquisition Costs" include the out-of-pocket costs incurred by the Port in carrying out the Neighborhood Acquisition Plan and the Relocation Program. Acquisition Costs include paying the acquisition and relocation service provider, purchasing Neighborhood Property, purchasing any other real property required under the Voluntary Acquisition Program, providing relocation benefits and moving expenses to eligible displaced Owners and Tenants of Owner Occupied Property, eligible displaced Tenants of Residential Rental Property, and eligible displaced Businesses and Home Based Businesses, providing relocation benefits and moving expenses to any other Person or Business in the Neighborhood that is required under the Relocation Benefits Program, and demolishing dwellings and facilities acquired under the Plan. If the Port spends more than $20 million on Acquisition Costs ("Excess Acquisition Harbor Bridge Project Four Party Agreement Exhibit C Page 2 Costs"), TxDOT shall reimburse the Port for these Excess Acquisition Costs. The Port shall submit monthly invoices to TxDOT for Excess Acquisition Costs, if any, and TxDOT agrees to pay these invoices within thirty (30) days of receipt of same. Voluntary Restrictive Covenant Program. The Port's Original Notice to the Eligible Homeowners of each Owner Occupied Property will also include an alternative offer to buy: (1) an Owner Occupied Restrictive Covenant on the property, and (2) an option to purchase the property for its then appraised value ("Option") if the Eligible Homeowners elect to sell the property or upon the death of the last to die of the Eligible Homeowners, whichever occurs first. The total purchase price of an Owner Occupied Restrictive Covenant will be not less than $7,500. The Eligible Homeowners of any Owner Occupied Property shall have three years after receiving the Port's Original Notice to accept the Port's offer to buy an Owner Occupied Restrictive Covenant and an Option on their property. If an Owner Occupied Property is owned by more than one Owner on January 1, 2016, the Port will not purchase an Owner Occupied Restrictive Covenant and Option on the property unless all Eligible Homeowners elect to sell the Owner Occupied Restrictive Covenant and Option. If all such Eligible Homeowners do elect to sell the Owner Occupied Restrictive Covenant and Option, the purchase price will be divided among the Eligible Homeowners in proportion to their ownership interests in the property. Upon the death of the last to die of the Eligible Homeowners, their Owner Occupied Property may no longer be used for residential purposes by anyone. The Eligible Homeowners of an Owner Occupied Property may accept the Port's offer to purchase an Owner Occupied Restrictive Covenant and Option on the property or the Port's offer to buy the property, but not both offers. Upon the Port's purchase of an Owner Occupied Restrictive Covenant and Option on an Owner Occupied Property, the Port shall promptly record the Owner Occupied Restrictive Covenant and Option in the real property records of Nueces County. The sellers of an Owner Occupied Restrictive Covenant and Option will not be provided relocation benefits. The Port is solely responsible for the costs of the Voluntary Restrictive Covenant Program. There is no financial cap on expenditures under this program. Notwithstanding anything to the contrary contained in the Voluntary Restrictive Covenant Program, if the Eligible Homeowners accept the Port's offer to buy an Owner Occupied Restrictive Covenant and Option on their Owner Occupied Property, the Port may assign its contractual obligation to purchase the Owner Occupied Restrictive Covenant and/or Option to a third party of the Port's choosing. If in such case, however, the third party fails to purchase the restrictive covenant or the Option, the Port will be obligated to do so. Harbor Bridge Project Four Party Agreement Exhibit C Page 3 Deadline to Accept Detailed Offer. If the Port prepares a detailed offer under any of the programs described above, the Person will have 60 days to accept the offer. Transfer of Title. Under the Neighborhood Acquisition Plan and Voluntary Restrictive Covenant Program, at the closing of a sale of Neighborhood Property the Port will pay the reasonable expenses the Owner of the property necessarily incurred for recording fees, transfer taxes, documentary stamps, evidence of title, boundary surveys, legal descriptions of the real property, and similar expenses incidental to conveying the real property. At the Port's expense, the Owner of the property shall participate in all good faith efforts to provide the Port good and marketable title. The Port may elect to accept the conveyance after resolving title issues or may accept the conveyance subject to conditions. At the closing all liens will be deducted from the payment made to Owner. Responsibility for Programs in the Two Party Agreement. The Port accepts responsibility to carry out the Neighborhood Acquisition Plan, the Relocation Program, and the Voluntary Restrictive Covenant Program, as described in the Two Party Agreement. If TxDOT notifies the Port that the Port's work as described in this Exhibit C does not adequately satisfy the requirements of the Two Party Agreement, the Port agrees to carry out whatever additional work is needed. Compliance with Record Keeping and Reporting Requirements Under Section 5 of the Agreement. In compliance with the requirements of Section 5, the Port will submit to TxDOT quarterly reports. Written progress reports will contain, but are not limited to, information on appraisals performed on specific properties pursuant to this Agreement, specific property purchases offered and accepted, relocation assistance provided and to whom, restrictive covenants purchased and from whom, title work performed, and other services related to the relocation of Neighborhood residents occurring during that reporting period. Port Purposes. The Neighborhood Acquisition Plan and the Relocation Program are two elements of TxDOT's agreed upon Title VI mitigation actions for the Project, and the Port has agreed to assume responsibility for implementing the Neighborhood Acquisition Plan and the Relocation Program to ensure construction of the Project, which will eliminate the potential for a catastrophic collapse of the existing bridge and will provide 205 feet of navigational clearance to accommodate larger vessels entering the Port's Inner Harbor. The Port, by action of its Port Commission, hereby finds and determines that the Neighborhood Property is accessible to the Corpus Christi Ship Channel and the Inner Harbor District of the Port of Corpus Christi and that acquisition of the Neighborhood Property pursuant to the Neighborhood Acquisition Plan and the Relocation Program, and the Voluntary Restrictive Covenant Program, is necessary for the continued development of the Port of Corpus Christi and its waterways and will aid Harbor Bridge Project Four Party Agreement Exhibit C Page 4 in the development of navigation -related industries and businesses on the Port's property (collectively, "Port Purposes"). Community Advisory Board. A representative of the Port will attend TxDOT's quarterly meetings of the Community Advisory Board described in the Two Party Agreement. Harbor Bridge Project Four Party Agreement Exhibit C Page 5 Exhibit D — City of Corpus Christi City support of Project, Neighborhood Acquisition Plan, Voluntary Restrictive Covenant Program. The City fully supports the Project and the Port's acquisition of property in the Neighborhood pursuant to the Neighborhood Acquisition Plan and Voluntary Restrictive Covenant Program, and agrees that the Acquired Property may be used for Port Purposes. The City acknowledges and agrees that the representations and agreements made by the City in this Exhibit D have been made as a material inducement to the Port to enter into this Agreement, that the Port is relying on the City's representations and agreements, and that the Port would not have entered into this Agreement without the City's representations and agreements. Use of eminent domain in a manner that is beneficial to Neighborhood residents. The City understands that the Port's use of eminent domain may be necessary to enable some sellers who have non-resident partial interest Owners to provide good and complete title to the Port and thereby participate in the Neighborhood Acquisition Plan. Also, Texas law assists residents by providing increased eligibility for relocation assistance if their properties are purchased by an entity with eminent domain authority, and the City desires to assist participants in the Neighborhood Acquisition Plan in their desire to receive relocation benefits. Therefore, pursuant to Texas Water Code §62.106(d), the City hereby consents to the Port's use of eminent domain authority in the acquisition of property in the Neighborhood. The City understands that, during the Effective Period, the Port will only use eminent domain when requested by the Owner or purported Owner of a property interest in the property being sold to the Port pursuant to the Neighborhood Acquisition Plan. As between the Port and the City only, this consent will survive the suspension or termination of this Agreement. Transfer of weedy lot liens, paving liens, and demolition liens. For any property that the Port purchases under the Neighborhood Acquisition Plan and agrees to maintain pursuant to agreement between the City and Port, the City agrees to permanently transfer to the Port its rights to its Weedy Lot Liens, Paving Liens, and Demolition Liens on the basis of a City determination that the value of such obligations approximates or exceeds the value of the lien rights. The transfer of such rights will effectively constitute a release of such liens in favor of the Port, giving the Port additional flexibility in negotiating the purchase of property under the Neighborhood Acquisition Plan. Maintenance of T.C. Ayers Park and Williams Memorial Park (Parks). To satisfy the requirements specified in the Two Party Agreement, the City will maintain the Parks for 24 months from the Effective Date. Harbor Bridge Project Four Party Agreement Exhibit D Pagel Assistance to citizens — liaison for existing city housing programs. Subject to program continuation, the City of Corpus Christi will make available to eligible Neighborhood residents several existing City housing programs (the "City Housing Programs"): (1) CDBG Minor Home Repair Program; (2) CDBG Single Family Rehabilitation Program; (3) CDBG Appliance Replacement Program; (4) HOME Investment Partnerships Homebuyer Assistance; and (5) HOME Investment Partnerships Rehabilitation Program for Veterans These housing programs are currently undersubscribed, but are subject to funds availability and their continuation in years after the current fiscal year are subject to annual funding appropriations from the City and federal agencies. The City will designate a city employee who will act as a liaison to Neighborhood residents, and facilitate access to services under the City Housing Programs. Applicants will need to meet federal requirements and other qualification criteria (for example, income limits) to access these programs. Housing programs may be continued or terminated in future years. Assistance to citizens — liaison for providing information to eligible residents who are assessing whether to participate in the Neighborhood Acquisition Plan or Voluntary Restrictive Covenant Program. For any residential property that is eligible for the Neighborhood Acquisition Plan or the Voluntary Restrictive Covenant Program, the City will provide a liaison to provide information as each owner evaluates whether to participate. At no time will the liaison be making decisions for or on behalf of any person interested in participating. Appointment of liaison. The City will designate one or more of its employees to carry out the responsibilities of the liaison as described below and as described under the heading "City Liaison and Liaison Program Details" in this Exhibit D. The City will initiate the Liaison Program no later than 60 days from the Effective Date of this Agreement and program will be in effect for a 48 month period following initiation. The City will designate at least one employee who will act as the liaison to carry out the duties under the Agreement (the "Liaison"). The City will give the contact information for the Liaison to each household in the Neighborhood. The City will authorize the Liaison to facilitate and refer applicants to the following services that are currently provided by third Parties*: 1. Homeowner counseling offered by local banks. This type of counseling is often required for down payment assistance and other public and private grants. It can be made available to all of the affected homeowner residents. 2. *Privately Owned Apartments. It has been estimated by apartment developers that apartment developers will be able to provide the needed new multifamily Harbor Bridge Project Four Party Agreement Exhibit D Page 2 units for the designated low-income groups over the next two years utilizing a combination of incentives from the Federal Home Loan Bank Board and low income housing tax credits through the Texas Department of Housing and Community Affairs. Although advance commitments for this type of funding cannot be obtained, the City has a strong track record in obtaining competitive awards of low-income housing tax credits for projects each year, and local banks have made arrangements with the Federal Home Loan Bank Board for technical assistance in securing competitive awards through its programs. Federal fair housing laws would prohibit the restriction of any such developments only to persons from the Northside neighborhoods, but adequate capacity should be available to meet the needs of all Northside residents interested in relocating to new apartments in other areas. 3. *Affordable housing programs provided by developers in different parts of the City that will provide new housing options available for purchase. 4. *Banks offering low down -payment mortgage products, including loans that require as little as a $500 down payment. As an example of a local bank program, BBVA Compass Bank has indicated that it has a low-interest loan program that pays most closing costs and only requires a $500 down payment. BBVA has stated that credit scores as low as 620 are currently acceptable. 5. *Homeownership counseling through nonprofit agencies, including, but not limited to, Catholic Charities, Texas State Affordable Housing Corporation, TexasVeterans.com, and GreenPath. 6. *Local landlords. 7. The Corpus Christi Housing Authority. Additionally, the City will declare its support for the Neighborhood Acquisition Plan described in Exhibit C. This support is expected to enable the Corpus Christi Housing Authority to provide a preference for residents who have been displaced under the Plan. *The City has not conducted an investigation to verify or guarantee statements made by third parties or the present or future availability of services provided by third parties. The City will not provide the services identified as being provided or facilitated by any entity other than the City. Compliance with Record Keeping and Reporting Requirements Under Section 5 of the Agreement. In compliance with the requirements of Section 5, the City will submit to TxDOT quarterly reports. Written progress reports will contain, but are not limited to, a summary of all activities related to the performance of the Liaison's duties for that reporting period, as described in this Exhibit D. Assemblage of tracts for Port Purposes. The City desires to encourage the assemblage of property for Port Purposes pursuant to the Neighborhood Acquisition Plan through Harbor Bridge Project Four Party Agreement Exhibit D Page 3 the strategic abandonment of rights of way that maintains the efficient contiguity of travel in and through the Neighborhood. Accordingly, the City acknowledges that the City Council may exercise its powers under Section 1(a)(11) of Article X of the City's Charter to close or alter the public streets, alleys, or other public ways within its jurisdiction in pursuit of said objective. The City acknowledges and agrees that where streets, alleys or other public ways abut Acquired Property, in order to facilitate the Port's use of the Acquired Property for Port Purposes, the closure or alteration of those streets, alleys, or ways may become necessary. The City agrees that for purposes of closing or altering streets, alleys or other public ways pursuant to the Neighborhood Acquisition Plan, including a closure or alteration under Section 49-12 of the City's Code of Ordinances pursuant to such Plan, the City, by action of its City Council, may find that: (i) a request or petition by the Port to have the City Council close a street, alley or other public way abutting Acquired Property is considered by the City Council to be a request or petition jointly and severally initiated by the City and the Port; (ii) such closure or alteration is considered to be required for the proper completion of the Harbor Bridge, which is a public improvement project; and (iii) no further payment is required of the Port to acquire the part of the City's rights in a street, alley or other public way that the City chooses to abandon, close or alter. The City maintains the discretion to abandon, close, alter, or retain a street, alley or other public way in response to a request or petition in a manner that maintains the efficient contiguity of travel in and through the Neighborhood. Notwithstanding any other provision of this Agreement, if the City closes any streets (or other public ways) in the Neighborhood (or portions thereof) at the request of the Port, the City, by action of its City Council, hereby finds the Port will not be required to pay any additional amounts to the City for the property it acquires in connection with these street closures. Community Advisory Board. The City's Liaison will attend TxDOT's quarterly meetings of the Community Advisory Board described in the Two Party Agreement. Harbor Bridge Project Four Party Agreement Exhibit D Page 4 Harbor Bridge Project Four Party Agreement Exhibit D Page 5 City's Liaison and Liaison Program Details I. Scope The Liaison will provide proactive informational assistance to interested persons who are assessing whether to participate in the Acquisition Program, the Relocation Program, and the Covenant Program. For any Owner or Tenant, the Liaison will provide information to those individuals who indicate a desire for such assistance in relation to the provisions of this Agreement. II. Guiding principles of the Liaison Program The essence of effective practice of the Liaison will be determined and set by guiding principles, including: • Facilitate the provision of sufficient information to interested persons to reduce otherwise -existing denials of or delays in the provision of benefits. • Avoid or minimize a situation where an interested person leaves an information session without the Liaison having provided a clear path for the interested person to be capable of understanding eligibility for one or more benefits. • Avoid or minimize a situation where an interested person leaves an information session without the Liaison having identified a methodology for determining eligibility for benefits for which the interested person qualifies or the steps for how they could determine such qualification. • Facilitate the full and fair application of every potential program element with the goal of enabling interested persons to have the capability to access the maximum level of program benefits. • Ensure that language translation and interpreter services are available for all Limited English Proficiency (LEP) persons, in accordance with Executive Order 13166 and TxDOT's Language Assistance Plan.' III. Liaison program goals The goals of the Liaison program are: • to provide information and assistance to try to ensure that each interested person is appropriately knowledgeable about the benefits and options available to them; • to facilitate each interested person's evaluation of and application for the benefits for which they are eligible; 1 http://ftp.dot.state.tx.us/pub/txdot-info/ocr/lanquage-assistance-plan.pdf. Harbor Bridge Project Four Party Agreement Exhibit D Page 6 • to coordinate with any third party public or private entities with whom TxDOT has an agreement pursuant to this Agreement. IV. Liaison position minimum qualifications The City will ensure the Liaison has the following minimum qualifications: • Training: the Liaison will be properly trained in the knowledge and skills to adequately provide assistance to interested persons pursuant to this Agreement. • Maturity and Experience: the Liaison will have the maturity, experience, and negotiation skills necessary to work with the affected community. • Bilingual: the Liaison services will either be fluent in English and Spanish or be able to provide easy access to an individual or individuals who are fluent in English and Spanish. V. Liaison Support The City will provide, or cause to be provided, support to the Liaison as necessary for the successful performance of the Liaison's duties. VI. Field Office and Equipment The City will ensure the Liaison has an office facility within the Hillcrest/Washington- Coles Neighborhoods or within 1000 feet thereof, which will serve as a Field Office to facilitate providing assistance effectively and efficiently to interested persons. The Field Office will be in a safe location and of a size sufficient to hold small (5-10 person) meetings. In addition, the City will ensure the Liaison has a laptop computer with specifications sufficient to carry out their duties, as well as a compatible printer and miscellaneous office supplies. VII. Primary program duties of the Liaison The Liaison's primary duties will be to: 1. Prepare and execute an early and continuing Coordination Plan. The Liaison will be responsible for developing and executing a Plan for early and continuing coordination and interaction with interested persons, Owners, Tenants, Acquisition Program participants, Voluntary Restrictive Covenant Program participants, and TxDOT, the Port, and the Housing Authority. 2. Develop and maintain database. The Liaison will maintain a database on each interested person and Owner, where they are in the process, and what next steps have been identified and communicated to the person. The Database will Harbor Bridge Project Four Party Agreement Exhibit D Page 7 be updated on a daily or weekly basis. The Database will include all of the Liaison's correspondence with interested persons and Owners, project participants, and appropriate contacts with the City, the Texas Department of Transportation, the Port of Corpus Christi Authority, the Corpus Christi Housing Authority, the relocation assistance firm contracted by the Port of Corpus Christi Authority, and other community contacts. 3. Limited English Proficiency (LEP) plan. The Liaison will prepare a Limited English Proficiency (LEP) Plan describing the policies, services, and information that the Liaison will take to ensure that LEP persons have meaningful access to the programs, benefits, assistance, and information. 4. Performance report. The Liaison will provide TxDOT or its designee with a quarterly progress report. In addition, the Liaison will assist TxDOT with any reporting pursuant to Section 5 of this Agreement. 5. Request for increased support or resources/scalability potential. If, any time during the Term of this Agreement, if the Liaison determines that more support or resources may be needed, the Liaison may provide TxDOT and the City with the Liaison's recommended program changes, accompanied by the appropriate written justifications and supporting performance and other data. 6. The Liaison will be responsible for providing for the interview of each eligible interested person to determine said interested person's needs, evaluate their eligibility for each program, explain how their participation in the Programs described herein would work, and how available benefits would assist them in the process. 7. The Liaison will listen to each interested person's explanation of personal issues to provide the Liaison with a better understanding of what that person needs. 8. The Liaison will make phone calls to the relevant agencies and third party entities as needed, in order to inquire about matters to determine eligibility, schedule appropriate meetings, and determine what materials will be required of the interested person in order to access services. 2. The Liaison will also facilitate an interested person in accessing other forms of assistance that can be provided to maximize the interested person's benefits or help lessen the process burdens on an interested person in participating in the Programs described herein. This assistance may include referral to other Harbor Bridge Project Four Party Agreement Exhibit D Page 8 appropriate public and private agencies that provide services concerning housing financing, employment, health, welfare, or legal assistance. Harbor Bridge Project Four Party Agreement Exhibit D Page 9 Exhibit E — Texas Department of Transportation Purchase of property. For purposes of right of way, and for a lay -down area during the construction period for the Project, TxDOT will purchase from the Corpus Christi Housing Authority the property known as D. N. Leathers I and D. N. Leathers II (approximately 26.75 acres). However, TxDOT's obligation to purchase is contingent on the Housing Authority offering the property at an agreed upon market value, the closing of the purchase occurring no Tater than January 15, 2017, and the property being free of structures. (Some of the D.N. Leathers II property has previously been designated as planned for acquisition for right of way; TxDOT may acquire such portion of the property by separate purchase or by condemnation.) Harbor Bridge Project Exhibit E Four Party Agreement Exhibit F - Corpus Christi Housing Authority Housing preference for participants in the Neighborhood Acquisition Plan. If the Port designates a person as having been "Displaced by Government Action" as described below, the Housing Authority will accept that designation. This applies to any Eligible Homeowner or Tenant of an Owner Occupied Property, or Tenant of a Residential Rental Property, that is the subject of a sale to the Port under the Neighborhood Acquisition Plan described in Exhibit C. The Port will provide documentation showing the persons who were the subject of a purchase under the Plan, and therefore properly designated as "Displaced by Government Action." The designation means the Housing Authority will provide its highest preference which will place those displaced residents at the top of the Housing Authority's waiting list. The Housing Authority typically houses as many as 400 new families per year into public housing units. • Residents in the Public Housing Program pay 30% of their income as rent • Assistance is available for residents earning up to 80% of area median income. • Applicants must meet and comply with program requirements as described in the Housing Authority's Admissions and Continued Occupancy Plan Closing of D.N. Leathers 1, relocation of tenants, demolition, and sale. The Housing Authority owns Leathers I, which is a 122 -unit public housing complex that is adjacent to the Hillcrest neighborhood. As described below, the Housing Authority has for several years planned to Close Leathers I, relocate the tenants, demolish the structures, and sell the property. Within 60 days of the Effective Date, the Housing Authority will apply for the approval of the United States Department of Housing and Urban Development ("HUD") to relocate residents, demolish the structures, and dispose of the property under HUD's public housing demolition and disposition procedures. The Housing Authority will seek expedited processing, consideration, and approval. The Board of Commissioners of the Housing Authority established a general plan to relocate the tenants of Leathers I to a new facility, with the first step being the submission of an application to HUD seeking approval for a Rental Assistance Demonstration ("RAD") program to convert the Housing Authority's entire public housing portfolio so that the Housing Authority may leverage the private capital markets to make capital improvements. The Board of Commissioners authorized the RAD application on November 11, 2013, the Housing Authority submitted the application on December 19, 2013, and HUD approved the application on March 27, 2015. Harbor Bridge Project Four Party Agreement Exhibit F Pagel HUD's demolition and disposition procedures require the Housing Authority to provide a relocation plan for, and to provide rehabilitation transfers to, the residents of Leathers I. The relocation plan must include: • The Housing Authority will relocate the tenants no later than December 31, 2016. • When the Housing Authority establishes a new facility to replace D.N. Leathers I in a new location outside of the Hillcrest area but within the City of Corpus Christi, all the residents of D.N. Leathers I will be offered priority placement in the new property, as approved by HUD. • Relocation of residents on a nondiscriminatory basis, and relocation resources. The Housing Authority must offer each family displaced by demolition or disposition comparable housing that meets housing quality standards and uniform physical condition standards, and that is located in an area that is generally not less desirable than the location of the displaced persons. The housing must be offered on a nondiscriminatory basis, without regard to race, color, religion, creed, national origin, handicap, age, familial status, or gender, in compliance with applicable Federal and state laws. For persons with disabilities displaced from a unit with reasonable accommodations, comparable housing should include similar accommodations. Housing options shall include: • Occupancy in a public housing unit operated or assisted by the Housing Authority at a rental rate paid by the family that is comparable to the rental rate applicable to the unit from which the family is vacated; or • Tenant Protection Voucher, if such vouchers are issued by HUD, except that such assistance will not be considered "comparable housing" until the family is actually relocated into such housing. • Certain provision for in-place tenants. The Housing Authority may not complete disposition of a building until all tenants residing in the building are relocated, and must: • notify each family residing in the development of the proposed demolition and disposition 90 days prior to the displacement date, except in cases of imminent threat to health and safety. The notification must include a statement that: o The development or portion of the development will be demolished and disposed of; o The demolition of the building in which the family resides will not commence until each resident of the building has been relocated; Harbor Bridge Project Four Party Agreement Exhibit F Page2 o Each family displaced by such action will be provided comparable housing, which may include housing with reasonable accommodations for disability. • provide for the payment of the actual and reasonable relocation expenses of each resident to be displaced, including residents requiring reasonable accommodations because of disabilities; • ensure that each displaced resident is offered comparable replacement housing; • provide any necessary counseling for residents that are displaced. • Right of return. • Displaced residents will not have the opportunity to return to Leathers I since the property will be demolished. However, displaced families will be offered the opportunity to relocate to a new property once it is completed. • Additional plan requirements. o The number of individual residents to be displaced; o The type of counseling and advisory services the Housing Authority will provide; o What housing resources are expected to be available to provide housing for displaced residents; and o An estimate of the costs for counseling and advisory services and resident moving expenses, and the expected source for payment of these costs. Closing of D.N. Leathers 1, relocation of tenants. Notwithstanding any other provisions of this exhibit and contingent upon HUD approval of demolition and disposition and upon an agreement with TxDOT to purchase the D.N. Leathers I property, the Housing Authority will ensure the tenants who on January 1, 2016 are housed at the D. N. Leathers I property are offered relocation assistance and benefits pursuant to the program requirements of the United States Department of Housing and Urban Development (HUD), and that such benefits are provided to any tenants who accept the offer. Housing options shall include: • Occupancy in a public housing unit operated or assisted by the Housing Authority at a rental rate paid by the family that is comparable to the rental rate applicable to the unit from which the family is vacated; or • Tenant Protection Voucher, if such vouchers are issued by HUD, except that such assistance will not be considered "comparable housing" until the family is actually relocated into such housing. Harbor Bridge Project Four Party Agreement Exhibit F Page3 If for any reason such benefits are not offered to the tenants, or were offered and housing with a Tenant Protection Voucher and occupancy in a public housing unit was not available, the Housing Authority shall relocate the tenants and offer relocation assistance and benefits pursuant to the applicable sections of the Uniform Act and 49 C.F.R. Part 24, Subparts C -F. (A tenant claiming that housing under HUD's Tenant Protection Voucher program or the Public Housing Program is not available in the City of Corpus Christi must show they have made good faith efforts to obtain such housing.) The Housing Authority will initiate assistance no later than December 31, 2016. Sale of D.N. Leathers 11. The Housing Authority owns the property on which Leathers II was formerly located, which was a public housing complex adjacent to the Hillcrest neighborhood. The buildings at Leathers II have been demolished. The property remains subject to HUD regulation and oversight regarding property uses and disposition. Within 60 days of the Effective Date, the Housing Authority will apply to HUD for expedited processing, consideration, and approval to sell the property to TxDOT under HUD's Public Housing Demolition and Disposition regulations. Compliance with Record Keeping and Reporting Requirements Under Section 5 of the Agreement. In compliance with the requirements of Section 5, the Housing Authority will submit to TxDOT quarterly reports. Written progress reports will contain, but are not limited to, a summary of all activities related to the relocation of tenants currently housed in D.N. Leathers I, including progress related to the identification of alternative locations for new public housing and for tenants. Community Advisory Board. A representative of the Housing Authority will attend TxDOT's quarterly meetings of the Community Advisory Board described in the Two Party Agreement. Harbor Bridge Project Four Party Agreement Exhibit F Page4 Attachment No. 1 Map Showing the "Neighborhood" Eligible for the Neighborhood Acquisition Plan and the Voluntary Restrictive Covenant Program Harbor Bridge Project Attachment 1 Four Party Agreement VOLUNTARY RESOLUTION AGREEMENT I. Purpose The Federal Highway Administration (FHWA) and the Texas Department of Transportation (TxDOT) hereby enter into this Voluntary Resolution Agreement (Agreement) to propose specific Title VI mitigation actions for the U.S. Highway 181 improvements from Beach Avenue to Morgan Avenue at the Crosstown Expressway Project (Project). These actions will ensure the affected minority persons in the Northside Community of Corpus Christi, Texas (Hillcrest and Washington -Coles)' do not bear disproportionately high and adverse human health or environmental effects as a result of the Project. FHWA conducted an investigation pursuant to Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d to 2000d-7 (Title VI) and its implementing regulations at 49 C.F.R. Part 21. This investigation was initiated in response to an administrative complaint filed by the Texas Rio Grande Legal Aid, Inc. on March 13, 2015, on behalf of two individuals who live in Hillcrest. The complaint alleged, in part, that TxDOT violated Title VI when the Red Alternative2 for the Project was selected, which created a disparate impact for the predominantly minority Hillcrest and Washington -Coles residents. II. Applicability Title VI provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance. Title 49 of the Code of Federal Regulations, Part 21 (the Regulations) implements Title VI for the U.S. Department of Transportation (USDOT) and provides that Recipients may not, directly or through contractual or other arrangements, utilize criteria or methods of administration which have the effect of subjecting persons to discrimination because of their race, color, or national origin, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program with respect to individuals of a particular race, color, or national origin. TxDOT is a Recipient of Federal financial assistance from the FHWA, and the Project includes Federal financial assistance. 1 This document incorporates the geographic boundaries for the Northside Community, Hillcrest Neighborhood, and Washington -Coles Neighborhood as defined in the TxDOT Final Environmental Impact Statement — US 181 Harbor Bridge — November 2014, and as depicted in Appendix A, Figure 3.5- 7 (https://ccharborbridgeproiect.files.wordpress.com/2012/02/appendix-a-fiquresl .pdf). 2 Id. § 2.8 Identification of the Recommended Alternative. 1 III. No Admission of Violation By signing this Agreement, TxDOT, disputes that a Title VI violation has occurred. IV. Effective Date, Term of the Agreement, and Timelines The term of this Agreement (Term) shall commence on the date FHWA issues the Record of Decision for the Project, which approves of the Preferred Alternative identified in the Final EIS signed on November 25, 2014 (Effective Date) and shall terminate after the date FHWA approves the final voucher for the Project. If the Project (Red Alternative) is terminated, this agreement will cease to be effective. Should the project be suspended due to funding or legal action, the actions required in this Agreement are suspended during the time of the Project suspension. If TxDOT is unable to comply with the initial timelines in this document, then TxDOT may request an extension, which shall not be unreasonably withheld. If TxDOT does not comply with the timelines agreed to under this Agreement, then FHWA may pursue potential sanctions, as discussed in Section XI of this Agreement. V. Definitions For the purpose of this Agreement, the terms listed below shall have the following meanings: Appraisal means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information. Business means any lawful activity, except a farm operation, that is conducted on property in the Neighborhood on January 1, 2016 and continuously thereafter: (i) Primarily for the sale of products or services to the members of the Neighborhood or surrounding community for which the business is reliant on the Neighborhood for the majority of the sales;3 (ii) By a nonprofit organization that has established its nonprofit status under applicable Federal or State law; (iii)A home based business located within an Owner Occupied Property.4 3 This determination will be made based on type of business, products or services offered, the location of the business, and the availability of the products or services outside of the Neighborhood. 2 D.N. Leathers I or Leathers shall mean the 122 -unit public housing complex by that name located in the City of Corpus Christi, which is owned by the Corpus Christi Housing Authority and which is located adjacent to the Hillcrest neighborhood. Days shall mean calendar days. Neighborhood shall mean the geographic area in the City of Corpus Christi bounded by West Broadway Street, Floral, Martin Luther King Drive, and the right of way line of the Project, as shown in Appendix A (the area inside the green boundary lines) attached to and made part of this Agreement. Owner means a person who purchases or holds any of the following interests in real property: (i) Fee title, a life estate, a land contract, a 99 year lease, or a lease including any options for extension with at least 50 years to run from the date of acquisition; or (ii) An interest in a cooperative housing project which includes the right to occupy a dwelling; or (iii)A contract to purchase any of the interests or estates described in subparagraphs (i) or (ii) of this section; or (iv)Any other interest, including a partial interest, which in the judgment of TxDOT warrants consideration as ownership. Owner Occupied Property means any dwelling in the Neighborhood that is owned by one or more Owners and in which at least one Owner that is a natural person resides in the dwelling on a permanent basis on January 1, 2016, and continuously thereafter, whether or not additional persons may reside in the dwelling as Tenants.5 Person means any individual, family, partnership, corporation, or association. Residential Property means any Owner Occupied Property or Residential Rental Property. 4 The eligibility of a home based business must be shown by the prior two years certified Federal tax returns showing business operation and a percentage of the home used for the home based business. An eligible business would be relocated and reestablished only if the Owner of the property opted to participate in the Acquisition Program. The home value would be determined based on normal appraisal practices and the offer would be made to the Owner of the property. Separate relocation assistance packages (under the Relocation Program) would be presented, one concerning relocation of the Owner, and one concerning relocation of the business. 5 Owner occupancy status would also apply for members of the military, or other owners, for whom there is a legal, work related, or other necessary reason for the person to not actively occupy the residence on January 1, 2016. 3 Residential Rental Property means any dwelling in the Neighborhood, including a single family house, a duplex for two or more families, or other multi -family housing, which is not an Owner Occupied Property and in which one or more Tenants reside on January 1, 2016.6 To be eligible under the Acquisition Program (described below) an Owner must own the Residential Rental Property on January 1, 2016, and continuously thereafter. For the absence of doubt, the Leathers Public Housing Complex is not a Residential Rental Property for purposes of this Agreement. Tenant means a person who on January 1, 2016, and continuously thereafter, has the temporary use and occupancy of Residential Property owned by another. VI. TxDOT Actions A. As the Recipient of Federal -Aid Highway funds from FHWA, TxDOT is solely responsible for effectuating the actions described in this Agreement. Except where noted, the actions described below will be performed in addition to the mitigation actions already committed to by TxDOT as they relate to the Project, contained within the Final Environmental Impact Statement (FEIS). TxDOT agrees to comply with Executive Order 12892 to affirmatively further fair housing. B. TxDOT will perform or effectuate the following: 1. Mitigation in Final EIS. As described in TxDOT's Final EIS7, TxDOT will provide assistance for residential and business displacements in Washington -Coles for those properties within the Project Right -of -Way, including but not limited to the use of TxDOT relocation counselors to work with persons displaced to find decent, safe and sanitary dwellings in the residents' preferred locations. Additional mitigation is described in the Final EIS. 2. Property Acquisition Management. Within 120 days of the Effective Date of this Agreement TxDOT will retain, or cause to be retained, a responsible party or parties as Acquisition Manager (Manager) for the purposes of managing and implementing the Voluntary Acquisition Program (Section VI(B)(3)) and the Relocation Benefits Program (Section VI(B)(4)). The Manager will carry out and 6 For properties in which a Tenant does not occupy the property on January 1, 2016, to apply the definition, the Owner must show previous tenant history for the two years immediately prior to the signing of this Agreement. Should the property been occupied by tenants for at least 45 weeks of the prior two years, the property would fall within the definition of Residential Rental Property. Final Environmental Impact Statement — US 181 Harbor Bridge — November 25, 2014, § 4.7.6.2 Mitigation Measures, http://ccharborbridgeprolect.com/eis/. 4 manage all appraisals, purchases, relocation assistance, title work, and other related services. The Manager must keep and retain all records required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as implemented in Title 49 of the Code of Federal Regulations, Part 24, and required by Title VI of the Civil Rights Act of 1964. TxDOT will provide oversight of the Manager to ensure the Uniform Relocation Act is followed and displaced persons are treated in a fair and equitable manner. 3. Voluntary Acquisition Program (Acquisition Program). For each Owner of Residential Property and Business in the Neighborhood, TxDOT will carry out a Voluntary Acquisition Program. This Program will be made available to eligible Owners and Businesses that express, in writing, a desire to participate in the Acquisition Program. If an Owner or Business owner expresses an interest in acquisition during the effective period for the program, then TxDOT will treat them as a displaced person with the rights and privileges set forth in 49 C.F.R. § 24.2(a)(9). As such, TxDOT will ensure that interested Owners' and Business' properties are appraised, the appraisals are reviewed, and offers to acquire the properties are issued. For an Owner Occupied Property, the offer shall also give the Owner the right to retain a life estate in the property. In such cases, the purchase price of the property will be reduced to reflect the value of the retained life estate. Eligible Owners who elect to retain a life estate waive their rights under the Relocation Program (described below). TxDOT will provide, or cause to be provided, written notice, in the same manner required under 49 C.F.R. § 24.102, of the terms of the Acquisition Program to all Owners, and Businesses on an annual basis throughout the effective period of the program. TxDOT will initiate the Acquisition Program no later than 120 days from the Effective Date of this Agreement. TxDOT will provide the first written notice no later than 120 days from the Effective Date of this Agreement. For purposes of the Acquisition Program, the just compensation for any property shall be deemed to be the approved appraisal of the value of the property as determined under the appraisal process in 49 C.F.R. §§24.103 and 24.104, without giving effect to any rules that might render such rules inapplicable. TxDOT will initiate the Acquisition Program no later than 120 days from the Effective Date, and the program will be in effect for a three year period following initiation. TxDOT will not be required to condemn any property under this program. 4. Relocation Benefits Program (Relocation Program). TxDOT will carry out a Relocation Benefits Program in the Neighborhood. TxDOT will provide, or cause to be provided, relocation benefits for (1) Owners who participate in the Acquisition Program (except homeowners who elect to retain a life estate waive 5 their rights to any relocation benefits), (2) Tenants of an Owner Occupied Property or Residential Rental Property in which the Owners participate in the Acquisition Program, and (3) Businesses who participate in the Acquisition Program. TxDOT will provide relocation assistance to eligible displaced Owners and Tenants as required under the applicable sections of the Uniform Act and 49 C.F.R. Part 24, Subparts C -F. Participating Tenants must express an interest, in writing, to TxDOT. TxDOT will initiate the Relocation Program no later than 120 days from the Effective Date of this Agreement and the program will be in effect for a three year period following initiation. 5. Voluntary Restrictive Covenant Program (Covenant Program). TxDOT will carry out a Voluntary Restrictive Covenant Program for Owner Occupied Properties in the Neighborhood. TxDOT will ensure that to each eligible Owner of Owner Occupied Property in the Neighborhood will be made an offer to purchase a covenant that permanently prohibits the use of the property for residential purposes upon any future conveyance of the property, and an option to purchase the property for its then appraised value if the Owner elects to sell the property or upon the death of the Owner, whichever occurs first. The purchase price of the restrictive covenant will be not less than $7,500.00 per home. The covenant will provide that it is effective upon the death of the named Owner of the property or when the property is sold, whichever comes first. If there is more than one Owner, the restrictive covenant will provide that it is effective upon the death of the last -surviving of the named owners or when the property is sold, whichever comes first. TxDOT will initiate the Covenant Program no later than 120 days from the Effective Date of this Agreement and the Program will be in effect for a three year period following initiation. 6. Transfer of Title. Under the Acquisition Program and Covenant Program, at the closing of a sale, TxDOT will pay the reasonable expenses the Owner necessarily incurred for recording fees, transfer taxes, documentary stamps, evidence of title, boundary surveys, legal descriptions of the real property, and similar expenses incidental to conveying the real property. At TxDOT's expense, the Owner shall participate in all good faith efforts to provide the purchaser good and marketable title. TxDOT may elect to accept the conveyance after resolving title issues or may accept the conveyance subject to conditions. At the closing all liens will be deducted from the payment made to Owner. 7. Restriction on Participation. Eligible Owners may participate in the: (a) Acquisition Program and Relocation Program, or (b) the Covenant Program, but not both. 6 8. Community Liaison Program. TxDOT will ensure that a Community Liaison Program (Liaison Program) is created that conforms with the provisions contained in Appendix B. TxDOT will initiate the Liaison Program no later than 60 days from the Effective Date of this Agreement and the Program will be in effect for a 48 month period following initiation. 9. Additional Low Income Housing Assistance. TxDOT will ensure the Corpus Christi Housing Authority tenants who on January 1, 2016 are housed at the D. N. Leathers I property are offered relocation assistance and benefits pursuant to the program requirements of the United States Department of Housing and Urban Development (HUD), and that such benefits are provided to any tenants who accept the offer. Housing options shall include: • Occupancy in a public housing unit operated or assisted by the Housing Authority at a rental rate paid by the family that is comparable to the rental rate applicable to the unit from which the family is vacated; or • Tenant Protection Voucher, if such vouchers are issued by HUD, except that such assistance will not be considered "comparable housing" until the family is actually relocated into such housing. If for any reason such benefits are not offered to the tenants, or were offered and housing with a Tenant Protection Voucher and occupancy in a public housing unit was not available, TxDOT will ensure the tenants are relocated and offered relocation assistance and benefits pursuant to the applicable sections of the Uniform Act and 49 C.F.R. Part 24, Subparts C -F.8 TxDOT will initiate assistance no later than December 31, 2016. 10. Park Mitigation. TxDOT, in coordination with FHWA's Office of Civil Rights and the Neighborhood Community Advisory Board (described below), will meet to reformulate the proposed 4(f) mitigation in the FEIS that focuses on rehabilitation in the Neighborhood of T.C. Ayers Park and Williams Memorial Park (Parks). TxDOT will maintain the Parks for 24 months from the Effective Date of this Agreement, at which time FHWA, the Advisory Board, and TXDOT will meet to discuss and propose next steps. Any variation from the current proposed mitigation in the FEIS, must be approved by FHWA Office of Civil Rights and will be enforceable under this Agreement. 8 A tenant claiming that housing under HUD's Tenant Protection Voucher program or the Public Housing Program is not available in the City of Corpus Christi must show they have made good faith efforts to obtain such housing. 7 VII. Modification of Agreement This Agreement may be modified by mutual agreement of both FHWA and TxDOT after negotiating in good faith and in writing. VIII. Federal Reimbursement TXDOT may apply for federal reimbursement for any eligible expenses incurred as part of the Title VI mitigation in this project. IX. Intimidation or Retaliatory Acts Prohibited Neither TxDOT nor any entity or business party to an agreement to carry out the actions herein shall intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Section 601 of Title VI or 49 C.F.R. Part 21, or because they have made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing pursuant to 49 C.F.R. Part 21. X. Third -Party Agreement FHWA acknowledges that TxDOT has entered into a separate agreement with the Port of Corpus Christ Authority of Nueces County, Texas, the City of Corpus Christi, Texas, and the Corpus Christi Housing Authority, for purposes of implementing the Agreement, and that such local governmental entities under the separate agreement will carry out some of the mitigation actions identified in this Agreement. No provisions in such agreement will (1) affect TxDOT's obligations to FHWA, generally, or (2) supercede any provision described herein to the extent TxDOT's third -party agreement conflicts with any provision contained herein or Federal law or regulation. XI. Monitoring and Enforcement TxDOT will send written progress reports to the FHWA-Texas Division no less than once per quarter of the Federal Fiscal Year. The reports will include a summary of all activities (including those not performed by TxDOT personnel) related to performing the tasks in Section VI of this Agreement. Further, TxDOT will cooperate with FHWA regarding all additional requests for information and documentation, pursuant to 49 C.F.R. § 21.9, et seq. Specifically, written progress reports will contain, but are not limited to, information on appraisals performed on specific properties pursuant to this Agreement, specific property purchases offered and accepted, relocation assistance provided and to whom, restrictive covenant purchases and to whom, title work performed, and other 8 services related to the relocation of Neighborhood residents occurring during that reporting period. Written progress reports will also contain a summary of all activities related to the relocation of tenants currently housed in D.N. Leathers I, including progress related to the identification of alternative locations for new public housing and for tenants. In addition, the Liaison provided pursuant to Section VI B.8 will send written progress reports to TxDOT no less than once per quarter of the Federal Fiscal Year. The reports will include a summary of all activities related to the performance of the Liaison's duties for that reporting period, as described in Section VI B.8. Upon the signing of this Agreement, a Neighborhood Community Advisory Board (Community Advisory Board) will be established by soliciting participation by Neighborhood and community members to be a part of, and lead, the Advisory Board. The Community Advisory Board would be Neighborhood and community members who volunteer to serve on the Advisory Board with any leadership of the Advisory Board selected by the voluntary members. This Advisory Board will be in effect during the duration of the Project. TxDOT will be responsible for collaborating with the Community Advisory Board on activities related to the implementation of this Agreement, on at least a quarterly basis throughout the life of the Project. Additionally, TxDOT will collaborate with the Advisory Board on issues including public workshops on the Voluntary Acquisition Program, the Relocation Benefits Program, the Voluntary Restrictive Covenant Program, and the relocation of tenants in D.N. Leathers I. TxDOT will document its collaboration with the Community Advisory Board, including comments and concerns raised in quarterly meetings and how they were addressed, in its written progress reports. The Community Advisory Board will also be permitted to raise concerns related to the implementation of this Agreement with FHWA. If TxDOT, through its actions or inaction, fails to implement any part of this Agreement or fails to cooperate with FHWA documentation and information requests, FHWA may invoke its authority pursuant to 49 C.F.R. § 21.13, et seq. for failure or threatened failure to comply with Title VI of the Civil Rights Act of 1964. If at any time FHWA makes such a determination, then FHWA shall notify TxDOT in writing. The notice shall include a statement of the basis for FHWA's determination and shall allow TxDOT fifteen (15) days to either; (a) explain in writing the reason for the actions and describe the remedial actions that have been or shall be taken to achieve compliance with this Agreement or (b) dispute the accuracy of FHWA's findings. If TxDOT does not respond to the notice, or if, upon review of TxDOT's response, FHWA determines that TxDOT has not complied with the terms of the Agreement, FHWA may pursue its statutory and/or contractual remedies. Should a violation of the agreement occur, the time period of the Agreement will be extended 9 for an amount of time equal to the time FHWA determines a violation occurred to the time of the FHWA approved remedy. Nothing in this Agreement shall be construed as creating any liability in favor of any third party or parties against FHWA or TxDOT. XII. Abeyance FHWA will hold in abeyance the Letter of Finding regarding the complaint filed in the matter (described above) during the performance of this Agreement. At any time, should TxDOT not perform, or ensure performance, under this Agreement, FHWA will notify TxDOT as stated in section XI above. Should TxDOT fail to remedy the violation within 30 days of notification, the Letter of Finding will be issued and applicable actions taken. FEDERAL HIGHWAY ADMINISTRATION Gregory G. Nadeau Administrator TEXAS DEPARTMENT OF TRANSPORTATION LtGen J.F. Weber, USMC (Ret) Executive Director 10 Dated: Dated: CONFIDENTIAL - PRIVILEGED COMMUNICATIONS DUE TO A COMMON LEGAL INTEREST CONFIDENTIAL - FOR SETTLEMENT DISCUSSION PURPOSES ONLY APPENDIX A MAP SHOWING THE NEIGHBORHOOD CONFIDENTIAL - PRIVILEGED COMMUNICATIONS DUE TO A COMMON LEGAL INTEREST CONFIDENTIAL - FOR SETTLEMENT DISCUSSION PURPOSES ONLY APPENDIX B COMMUNITY LIAISON PROGRAM I. Scope The Liaison will provide proactive informational assistance to interested persons who are assessing whether to participate in the Acquisition Program, the Relocation Program, and the Covenant Program. For any Owner, Tenant, or Business, the Liaison will provide information to those individuals who indicate a desire for such assistance in relation to the provisions of this Agreement (each, an Interested Person). II. Guiding principles of the Liaison Program The essence of effective practice of the Liaison will be determined and set by guiding principles, including: • Facilitate the provision of sufficient information to interested persons to reduce otherwise -existing denials of or delays in the provision of benefits. • Avoid or minimize a situation where an interested person leaves an information session without the Liaison having provided a clear path for the interested person to be capable of understanding eligibility for one or more benefits. • Avoid or minimize a situation where an Interested Person leaves an information session without the Liaison having identified a methodology for determining eligibility for benefits for which the Interested Person qualifies or the steps for how they could determine such qualification. • Facilitate the full and fair application of every potential program element with the goal of enabling Interested Persons to have the capability to access the maximum level of program benefits. • Ensure that language translation and interpreter services are available for all Limited English Proficiency (LEP) persons, in accordance with Executive Order 13166 and TxDOT's Language Assistance Plan.9 III. Liaison program goals The goals of the Liaison program are: • to provide information and assistance to try to ensure that each Interested Person is appropriately knowledgeable about the benefits and options available to them; 9 http://ftp.dot.state.tx.us/pub/txdot-info/ocr/lanquage-assistance-plan.pdf. 2 CONFIDENTIAL - PRIVILEGED COMMUNICATIONS DUE TO A COMMON LEGAL INTEREST CONFIDENTIAL - FOR SETTLEMENT DISCUSSION PURPOSES ONLY • to facilitate each Interested Person's evaluation of and application for the benefits for which they are eligible; • to coordinate with any third party public or private entities with whom TxDOT has an agreement pursuant to this Agreement. IV. Liaison position minimum qualifications TxDOT will ensure the Liaison has the following minimum qualifications: • Training: the Liaison will be properly trained in the knowledge and skills to adequately provide assistance to Interested Persons pursuant to this Agreement. • Maturity and Experience: the Liaison will have the maturity, experience, and negotiation skills necessary to work with the affected community. • Bilingual: the Liaison services will either be provided by the Liaison in English and Spanish or the Liaison will be able to provide easy access to an individual or individuals who are fluent in English and Spanish. V. Liaison Support TxDOT will provide, or cause to be provided, support to the Liaison as necessary for the successful performance of the Liaison's duties. VI. Field Office and Equipment TxDOT will ensure the Liaison has an office facility within the Hillcrest/Washington- Coles Neighborhoods or within 1000 feet thereof, which will serve as a Field Office to facilitate providing assistance effectively and efficiently assist Interested Persons. The Field Office will be in a safe location and of a size sufficient to hold small (5-10 person) meetings. In addition, TxDOT will ensure the Liaison has a laptop computer with specifications sufficient to carry out their duties, as well as a compatible printer and miscellaneous office supplies. VII. Primary program duties of the Liaison The Liaison's primary duties will be to: 1. Prepare and execute an early and continuing Coordination Plan. The Liaison will be responsible for developing and executing a Plan for early and continuing coordination and interaction with interested persons, Owners, Tenants, Businesses, Acquisition Program participants, Voluntary Restrictive Covenant Program participants, and any public or private entities with whom TxDOT has an agreement pursuant to this Agreement. 3 CONFIDENTIAL - PRIVILEGED COMMUNICATIONS DUE TO A COMMON LEGAL INTEREST CONFIDENTIAL - FOR SETTLEMENT DISCUSSION PURPOSES ONLY 2. Develop and maintain database. The Liaison will maintain a database on each Interested Person and Owner, where they are in the process, and what next steps have been identified and communicated to the person. The Database will be updated on a daily or weekly basis. The Database will include all of the Liaison's correspondence with Interested Persons and Owners, project participants, and appropriate contacts with the City, the Texas Department of Transportation, the Port of Corpus Christi Authority, the Corpus Christi Housing Authority, the relocation assistance firm contracted by the Port of Corpus Christi Authority, and other community contacts. 3. Limited English Proficiency (LEP) plan. The Liaison will prepare a Limited English Proficiency (LEP) Plan describing the policies, services, and information that the Liaison will take to ensure that LEP persons have meaningful access to the programs, benefits, assistance, and information. 4. Performance report. The Liaison will provide TxDOT or its designee with a quarterly progress report. In addition, the Liaison will assist TxDOT with any reporting pursuant to Section XI of this Agreement. 5. Request for increased support or resources/scalability potential. If, any time during the Term of this Agreement, if the Liaison determines that more support or resources may be needed, the Liaison may provide TxDOT with the Liaison's recommended program changes, accompanied by the appropriate written justifications and supporting performance and other data. 6. The Liaison will be responsible for providing for the interview of each eligible Interested Person to determine said Interested person's needs, evaluate their eligibility for each program, explain how their participation in the Programs described herein would work, and how available benefits would assist them in the process. 7. The Liaison will listen to each interested person's explanation of personal issues to provide the Liaison with a better understanding of what that person needs. 8. The Liaison will make phone calls to the relevant agencies and third party entities as needed, in order to inquire about matters to determine eligibility, schedule appropriate meetings, and determine what materials will be required of the Interested Person in order to access services. 4 CONFIDENTIAL - PRIVILEGED COMMUNICATIONS DUE TO A COMMON LEGAL INTEREST CONFIDENTIAL - FOR SETTLEMENT DISCUSSION PURPOSES ONLY 9. The Liaison will also facilitate an Interested Person in accessing other forms of assistance that can be provided to maximize the Interested Person's benefits or help lessen the process burdens on an Interested Person in participating in the programs described herein. This assistance may include referral to other appropriate public and private agencies that provide services concerning housing financing, employment, health, welfare, or legal assistance. 5 POSITION PAPER ON THE CORPUS CHRISTI HARBOR BRIDGE PROJECT Replacement of the Harbor Bridge is necessary for improved safety conditions, positive economic impacts on the region and environmental sustainability. The Harbor Bridge is a project that will involve approximately $984 million of expenditures, the vast majority of which is federal funding provided via the Federal Highway Administration (FHWA). The Federal Highway Administration (FHWA) has conditioned TxDOT's use of federal funding for the bridge on TxDOT's agreement to a series of Title VI mitigation actions. To comply with its mandated mitigation actions, TxDOT has asked the City of Corpus Christi, the Port of Corpus Christi Port, and the Corpus Christi Housing Authority to enter into a four -party agreement with TxDOT to address the required mitigation. The City Council, the Port Commission, and the Board of Directors of the Housing Authority are all expected to meet on Tuesday, December 15, to consider and take action of this four party agreement. I. Safety Impact A 2003 Feasibility Study performed by the Texas Department of Transportation (TxDOT) concluded that the Harbor Bridge, which crosses the Corpus Christi Ship Channel at U.S. 181, requires major improvements to remain a safe transportation route for current and future traffic patterns, expected to exceed 60,000 vehicles per day by 2030.1'2'3 Several design features of the Steel Arch Truss Harbor Bridge do not meet current TxDOT and/or Federal Highway Administration (FHWA) Standards, including: no existing shoulders, which limits drivers' site distance and maneuvering, and leads to traffic congestion during accidents or disabled vehicles on the bridge; approaches steeper than allowed by current design standards; exit and entrance ramps, which do not meet current standards for acceleration and deceleration lengths; and South bound drivers exiting the Harbor Bridge have three destination exits (Downtown Corpus Christi, 1-37 North or Staples St.) all at the same point, where current design standards require 1,000 feet between successive exit ramps.4'5The obsolete design features of the bridge likely are a contributing factor to a documented accident rate on the Harbor Bridge that exceeds the statewide average.6 As well as falling short of the safety requirements in design, the current Harbor Bridge also has structural conditions, which make the long-term use of the bridge unsafe for travelers. Under FHWA guidelines, the existing bridge is a "Fracture Critical Structure" due to the lack of redundancy. Should one of the 280 fracture -critical elements in the existing bridge fail, adjacent elements would receive the burden of weight and could result in a partial or complete bridge collapse. The concrete deck, replaced in 1987 with normal -weight concrete, is experiencing increased loads and traffic, contributing to fatigue on the structural integrity and joints, therefore decreasing the life of the bridge and increasing maintenance and repair. Despite repairs in 2009, and between 2010 and 2012, a structural assessment in September 2012 revealed continuing and reoccurring corrosion issues, stemming from a steel structure bridge in a marine environment.''8 Harbor Bridge closures also pose a threat to the community during a hurricane evacuation. US 181 and 1-37, including the Harbor Bridge, are designated hurricane evacuation routes for San Patricio and Nueces Counties. In a high volume evacuation in which 1-37 reaches full capacity, traffic is diverted to US 181 and the Joe Fulton International Trade Corridor. Understanding the design flaws of the fracture -critical bridge, there is an increased safety risk to the community of unnecessary congestion during an emergency evacuation.9 A new bridge would enhance the evacuation route by including shoulder lanes and provide a reliable exit route during emergencies. The United States Coast Guard issued a safety alert in September 2014 regarding air draft clearance for vessels. Air draft is the distance from a vessel's highest point to the water base. From 2003 until the release of the alert, there were 205 bridge strike incidents, most caused by an air draft clearance issue.10 The total vertical clearance of the Harbor Bridge is 138', which allows for modest to medium sized vessels. Modern day vessels, such as the Panamax, require an air draft of 190' minimum for safe clearance. Current Harbor Bridge specifications do not meet safe clearance of large vessels. 11. Economic Impact The Environmental Impact Study (EIS), conducted by TxDOT, released in 2014, estimates the construction of a new bridge would result in $761 million in additional household earnings based on construction costs of the project, using U.S. Bureau of Economic Analysis multipliers.11 Over the last 30 years, maintenance costs on the existing bridge have exceeded $70 million and repairs have not provided a structurally safe bridge for future traffic patterns. Extending the life of the bridge for another 70 years would cost an estimated $400 million (based on 2012 estimates and probable net value), and would require a bridge closure period of 21 to 24 months.12 These repairs would extend the structural life of the bridge, however would not meet current design standards to improve driver safety such as shoulders and appropriate approach and exit measures. In addition to maintenance costs, there could be negative economic impacts to the Coastal Bend resulting from a complete shutdown of the "Fracture Critical" Harbor Bridge for major rehabilitation projects if we choose a "No Build" option. According to a 2015 Mobility Scorecard report, annual costs of US Highway congestion are roughly $160 billion due to loss of production and additional fuel burn.13 Each day the Harbor Bridge is closed, 50,000 vehicles would are rerouted through the Joe Fulton International Trade Corridor, adding 20 miles and approximately one hour of travel time. While the Joe Fulton International Trade Corridor provides an alternate route for travelers, the corridor maintains a steady traffic flow of commercial trucks, oftentimes moving oversized cargo in and out of port facilities. An increase in traffic on this road would slow production not only for those being rerouted, but also interrupt commercial operations along Port Corpus Christi Inner Harbor, and increase the need for safety and security protocols. A new bridge would allow for future economic growth of the region, allowing for increased freight traffic from larger vessels. The Harbor Bridge has a 138' vertical clearance, restricting the types of vessels that can call at the Port. Vessels that exceed this navigational clearance must take on ballast water after unloading cargo in order to reduce draught and have a safe exit from the Inner Harbor, a timely and expensive process. A new bridge alternative would allow anywhere from 206'-216' feet of clearance, thereby allowing the Port to be globally competitive in the transportation industry.14 III. Environmental Sustainability As noted earlier, the Joe Fulton International Trade Corridor provides an alternate route for travelers when the Harbor Bridge is closed for maintenance or vehicle accidents. The Joe Fulton Corridor was constructed in 2007 to provide commercial vehicles quick and efficient access to the Inner Harbor and to U.S. 181 and 1-37 from port facilities. The Port's Environmental Management System works to protect the grasses and public fishing areas along the corridor, as well as install measures to maintain clean air standards at the Port, such as no idling of vehicles and use of diesel versus gasoline vehicles. Should the Harbor Bridge be closed for an extended period of time, due to major rehabilitation repairs, traffic along the corridor would extend travelers' idle time and gas consumption, interrupting the current air attainment standards for port industries. From 2002 to 2014, the Corpus Christi Urban Airshed, defined by Texas Commission on Environmental Quality as Nueces and San Patricio County, has experienced a decrease in ozone values.15An increase in traffic could pose a serious threat to air attainment for Port Corpus Christi, which in turn negatively affects the region on an economic standpoint. The proposed bridge would reduce the vertical grade for approaches, includes interior and exterior shoulder lanes, and exit and entrance ramps that meet current FHWA and TxDOT design standards and would be constructed of materials resistant to marine erosion, providing a safe bridge for South Texas for the next 75 to 100 years.16A new bridge, versus a "No Build" option, would provide not only an economic gain, but also a cost savings from bridge shutdowns and protection of current environmental standards for the region. Notes: 1. https://ccharborbridgeproject.files.wordpress.com/2012/03/harbor-bridge-feasibility-study.pdf, TxDOT Feasibility Study for U.S. 181 (Harbor Bridge), Executive Summary, p 1 2. Corpus Christi Caller Times, "Harbor Bridge a Top Traffic Issue," January 18, 2013 3. http://bridges.findthedata.com, 3-16-M-SW-OF-NUECES-CO-LN, number 539053 4. TxDOT and FHWA, October 2014, pp. 8, 9 5. US 181 Harbor Bridge Project, Final Environmental Impact Statement, TxDOT and FHWA, November 2014, pp. 1-5 to 1-7 6. http://ccharborbridgeproject.com/questions, "Question 1. Why is TxDOT considering replacing the Harbor Bridge?" 7. TxDOT and FHWA, November 2014, pp. 1-3 to 1-5 8. TxDOT and FHWA, October 2014, pp. 6, 7, 8 9. TxDOT Environmental Impact Study, Section 1 Need and Purpose of Project, p 1-6, 1-7 10. United States Coast Guard, Air Draft is Critical!, September 9, 2014 11. TxDOT Environmental Impact Study, Summary: http://ccharborbridgeproject.com 12. Communication with TxDOT Bridge Division, November 30, 2015 13. 2015 Urban Mobility Scorecard: http://mobility.tamu.edu/ums/report/ 14. TxDOT Environmental Impact Study, Section 2.4.2.3 Bridge Height - Navigational Air -Draft Clearance 15. http://www3.epa.gov/ozoneadvance/pdfs/2015corpusupdate.pdf p 3 16. TxDOT and FHWA, November 2014, p. 2-3 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 8, 2015 Second Reading Ordinance for City Council Meeting of December 15, 2015 DATE: TO: Ronald L. Olson, City Manager November 10, 2015 FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3460 License Agreement with Nueces County for Youth Sports League at LyondellBasell Park CAPTION: Ordinance authorizing the City Manager, or designee, to execute a License Agreement with Nueces County for South Texas Elite Youth Football League use of LyondellBasell Park on Haven Drive for youth football program with option to extend for two additional years. PURPOSE: To approve the lease of youth sports fields co -managed by the Nueces County Parks Department to the South Texas Elite Youth Football League. BACKGROUND AND FINDINGS: Oxy Petrochemicals Inc. donated property that included 31 acres to the City of Corpus Christi and Nueces County as tenants in common on April 28, 1997. Once known as Oxy Chem Park this property is now known as LyondellBassell/Equistar Park and is located near the intersection of McKinzie Road and Haven Drive. The deed requires that this property be used as a youth sports facility. The Nueces County Parks Department (NCPD) and County Commissioner Mike Pusley are enhancing the Park and the adjacent property to improve the recreation and athletic facilities available to residents in Northwest Corpus Christi. The NCPD maintains the parks and manages all youth sports league leases on behalf of both entities. ALTERNATIVES: Not approve OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council must approve all leases of city property EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount (3/14/14) This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance License Agreement Ordinance authorizing the City Manager, or designee, to execute a License Agreement with Nueces County for South Texas Elite Youth Football League use of LyondellBasell Park on Haven Drive for youth football program with option to extend for two additional years. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or City Manager's designee, is authorized to execute a License Agreement with Nueces County for South Texas Elite Youth Football League use of LyondellBasell Park on Haven Drive for youth football program with a two-year term with option to extend for two additional years. A copy of the agreement is 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 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 , 2016, 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 , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Zo 1 SsCZtpZ LICENSE AGREEMENT This license agreement (hereinafter referred to as "Agreement") is entered by and between Nueces County ("County"), acting through its duly authorized agent whose business address is 901 Leopard, Room 303, Corpus Christi, TX 78401 and City of Corpus Christi ("City"), a Texas Home Rule Municipal Corporation, acting through its duly authorized City Manager or designee whose business address is 1201 Leopard, Corpus Christi, TX 78401 (hereinafter City and County is referred to as "Licensor"), and South Texas Elite Youth Football League acting through its authorized agent, Chris Quitugua, whose business address is P.O. Box 260452, Corpus Christi, Texas 78426, Corpus Christi, Texas ("Licensee"). For and in consideration of the mutual covenants and agreements contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows: PURPOSE AND TERM Article 1. Licensor hereby grants to Licensee the privilege and license to use a specified area of Licensor co -owned property located at LyondellBasell Park, Haven Drive in Northwest Corpus Christi (the "Venue") located in Nueces County, Texas during the Term of this Agreement for the purpose of operation of a youth sports program, specifically football program and for no other purpose. Venue is identified by diagram (Attachment "A"). The "Term" of this Agreement shall be for a two (2) year term with extensions of two (2) year increments unless this License Agreement is terminated as defined in Article 26. For an Extension, Licensee shall provide thirty (30) days written notice of its intent to extend the term prior to the expiration of the Term. Said notice is to be provided pursuant to Article 22. Licensee's "Times of Occupancy" of Venue during Term shall be limited as detailed herein. It is agreed that Licensee shall be the occupant of Venue October 14, 2015 through October 13, 2017 and any extension unless terminated as defined in Article 26. Licensor and Licensee shall use the Venue pursuant to Article 4. Licensor shall reserve the right to allow the public's use of venue during Times of Occupancy when Licensee is not using the Venue pursuant to Article 4. CONTACT PERSON/ADMINISTRATOR OF LICENSE AGREEMENT Article 2. For this License Agreement, the contact person and License Administrator for the Licensor (County and City) is the Nueces County Director of Inland parks or his designee ("Director"). Page 1 1 LICENSE FEE/CONSIDERATION Article 3. As consideration for the grant of the license herein and for the use of the Venue as identified herein Licensee agrees as follows. Licensee agrees to use the Venue for its youth sports program, specifically football and for no other purpose. Licensee agrees to maintain the Venue and any improvements in a year round basis in accordance with all maintenance rules prescribed by Licensor and any rules promulgated in the future, specifically set out in Article 13 of this Agreement. Failure to maintain the Venue and all improvements in accordance with these rules constitutes grounds for termination of this Agreement. JOINT USE Article 4. Licensor retains joint use of the venue and improvements during the term of this Agreement, subject to Licensee's right to the Venue during its Times for Occupancy for youth sports program purposes. Licensee must not deny access to or use of the Venue to the general public for unorganized activities when the Venue is not being used by Licensee during Times of Occupancy. Licensor reserves the right to schedule organized activities at Venue. Requests for scheduled organized activities by other organizations or public use will be reviewed for approval or denial by the Director. Licensor shall provide Director with notice of all Licensee scheduled activities. REPRESENTATIONS, WARRANTIES & COVENANTS Article 5. Licensor hereby represents and warrants to Licensee that Licensor can enter into this Agreement and/or operates the Venue and has full power and authority to enter into this Agreement and to engage in the transaction contemplated hereby. Licensor agrees that this Agreement is a valid obligation of Licensor and is binding upon Licensor in accordance with the terms hereof. Licensee hereby represents and warrants to Licensor that it has full power and authority to enter into this Agreement and to engage in the transaction contemplated hereby. Licensee agrees that this Agreement is a valid obligation of Licensee and is binding upon Licensee in accordance with the terms hereof. Licensee shall keep the Venue in an orderly condition while in use. Page 1 2 COMPLIANCE WITH LAWS Article 6. During the Term, Licensee shall obey and comply with all laws, ordinances, and regulations of all federal, state, county, or municipal authorities and with all notices, reasonable requirements and reasonable recommendations of any insurance organizations, associations, or companies with respect to Venue. THE LICENSEE HEREBY AGREES TO INDEMNIFY LICENSOR FROM ALL LOSS OR DAMAGE WHATSOEVER, INCLUDING REASONABLE ATTORNEYS' FEES, FROM LICENSEE'S FAILURE TO ABIDE BY ANY SUCH LAW, ORDINANCES, NOTICES, REQUIREMENTS, ORDERS AND REGULATIONS OF ALL FEDERAL, STATE, LICENSOR, OR MUNICIPAL AUTHORITIES. INDEMNIFICATION Article 7. LICENSEE SHALL INDEMNIFY AND HOLD HARMLESS LICENSOR AND THEIR RESPECTIVE EMPLOYEES, FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS OR LIABILITY OF ANY CHARACTER, TYPE OR DESCRIPTION WHETHER FIXED OR CONTINGENT, LIQUATED OR UNLIQUIDATED, ARISING IN TORT OR PURSUANT TO STATUTE, AND WHETHER ARISING UNDER COMMON LAW, OR UNDER ANY STATE, FEDERAL, OR LOCAL RULE OR REGULATIONS FOR ALL DAMAGES BOTH ACTUAL AND EXEMPLARY, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR ANY INJURY OR DEATH TO ANY PERSON OR PERSONS OR PROPERTY, ARISING OUT OF, OR OCCASIONED BY, DIRECTLY OR INDIRECTLY, THE ACTS, WHETHER NEGLIGENT OR INTENTIONAL OF LICENSEE OR ITS AGENTS OR EMPLOYEES UNDER THIS AGREEMENT, INCLUDING CLAIMS AND DAMAGES ARISING IN PART FROM THE NEGLIGENCE OF LICENSOR AND NUECES COUNTY, TEXAS AND THEIR RESPECTIVE EMPLOYEES. IT 15 THE EXPRESSED INTENT OF THE PARTIES TO THIS AGREEMENT THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY LICENSEE TO INDEMNIFY AND PROTECT LICENSOR AND THEIR RESPECTIVE EMPLOYEES FROM THE CONSEQUENCES OF LICENSOR'S AND THEIR RESPECTIVE EMPLOYEES' AND CONTRACTORS OWN NEGLIGENCE, PROVIDED, HOWEVER, THAT THE INDEMNITY AND DEFENSE PROVIDED HEREIN SHALL NOT EXTEND TO THE SOLE NEGLIGENCE OF WILLFUL MISCONDUCT OF LICENSOR, OR THEIR RESPECTIVE EMPLOYEES OR CONTRACTORS. THE INDEMNIFICATION PROVISIONS CONTAINED THROUGHOUT THIS AGREEMENT SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. Page 1 3 INSURANCE REQUIREMENTS Article 8. Licensee shall maintain and pay all premium costs and deductibles, if any, for the following insurance coverages in amounts not less than specified through the duration of the Term as required by Attachment "B" entitled "INSURANCE REQUIREMENTS". INTEGRATION CLAUSE Article 9. This contract supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter of this agreement, and contains all of the covenants and agreements between Licensor and Licensee with respect to the subject matter. Both Licensor and Licensee acknowledge that no representations, inducements, promises, or agreements, either orally or otherwise, have been made by any party, or anyone acting on behalf of any party that are not set forth in this Agreement, and that no agreement, statement, or promise not contained this Agreement shall be valid or binding. FORCE MAJEURE Article 10. The failure of any party hereto to comply with the terms and conditions hereof because of a "Force Majeure Occurrence" shall not be deemed a breach of this Agreement. "Force Majeure Occurrence" shall be defined to include, without limitation, Act of God, strike, labor disputes, war, fire, earthquake, actions of public enemies, acts of terrorism, epidemic, action of federal, state, or local governmental authorities or an event or reason beyond the reasonable control of a party. ORDINANCES, LAWS AND REGULATIONS Article 11. The Licensee shall comply with all federal, state, and local ordinances, laws and regulations pertaining to the operation of any events contemplated herein. It shall be the obligation of the Licensee to apply for, pay for, and obtain all permits and licenses as required by the various agencies of federal, state, and local governments and agencies. Page 1 4 UTILITIES Article 12. County shall pay utilities costs, including electricity, and sewage pursuant to budgetary appropriations. If no appropriation, Licensee acknowledges and agrees to pay all utility costs, including electricity, and sewer, associated with Venue. County will provide thirty (30) days written notice to Licensee of its utility budgetary non -appropriation beginning September 1 of every year. Licensee must adhere to applicable water conservation standards. In an effort to ensure that fields are maintained in accordance with Licensor standards, the City shall not charge Licensee for water used by Licensee to maintain the fields at the Venue, up to maximum number of gallons set by City Director of Parks and Recreation each calendar year. County will be responsible to arrange and pay for trash removal service. MAINTENANCE/REPAIRS Article 13. At a minimum, maintenance includes: (A) Licensee shall pickup and properly dispose of litter on a daily basis whenever the Venue is being used and weekly during the rest of the year. Licensor will provide the receptacles. (B) Licensee shall keep fully operational and in good repair any improvements at the Venue, including but not limited to the fields and bleachers, which are located on the Venue. Unless otherwise agreed to, Licensor has no responsibility for maintenance or repair to the Venue or any improvements at the Venue. (C) Licensee must immediately report any vandalism to the Director, or his designee, and the Corpus Christi Police Department, Nueces County, Texas. However, unless otherwise agreed to, Licensors have no responsibility to repair or replace any damages to Venue or improvements at the Venue caused by vandalism or caused by any other reason. (D) Licensee must keep safe and in good repair the bleachers, if any. Licensee must repair the bleachers immediately upon discovery of damages. (E) Licensee shall maintain the sports fields within the Venue boundary lines. Grass on the sports fields must not exceed three (3) inches. Licensee must mow the sports fields within one (1) week after the grass reaches three (3) inches in height. At least one month prior to the start of any season or preseason practice, the fields must be gradually cut shorter and brought into playing condition. Licensee shall be responsible, at their sole cost, for winterizing, weeding and feeding, and providing iron on the practice and playing fields in accordance with the industry standards as Page 15 required to properly bring the fields back to playing condition. Failure to keep the grass on the sports fields at or below three(3) inches in height or to properly bring the field back to playing condition will be grounds for termination of the Agreement. (F) Licensee will provide normal scheduled mowing of the Venue. Licensee will be responsible for maintaining the sports fields as set out herein. Furthermore, Licensee will be responsible for maintaining the grass in the adjacent viewing/access areas at a safe height not to exceed six (6) inches. (G) If restroom facilities are not available, Licensee must provide portable toilets for public use whenever Venue is being used for league activity. The portable toilets must be serviced and sanitized at least once a week or as often as the circumstances required as determined by the Director or his designee. (H) Licensee shall ensure that no parking is allowed on grass area of any playing or practice field. (I) If Licensee uses goal posts on the Venue, Licensee shall maintain a secure anchoring system on all goal posts used on the fields at the Venue. Licensee must repair any deficiency found in the anchoring system that impairs the safe use within forty-eight (48) hours after the need for repair is or should have been discovered. Licensee shall not allow use of the Venue until the anchoring system is repaired. (J) Licensee is responsible for proper installation and use of all equipment and improvements at the Premises. (K) Licenses must maintain a First Aid kit at the Venue. (L) Licensee must complete and submit the attached Attachment C, Standard of Maintenance Sports Field Checklist, to the Director no later than March 1 and August 1 of each year. During the months of May and December, County employees will perform inspections to confirm compliance with standards of maintenance. Inspection of Venue. Licensor has the right to inspect the Venue and/or improvements at any time during the term of this Agreement. Specifically, prior to and at the conclusion of each year, under the Term of the Agreement, a walk- through of the Venue will be conducted by Licensor and Licensee to note the condition of Venue. If an inspection reveals that maintenance is not being properly carried out, Director may provide written notice to Licensee demanding compliance. If Licensee has not complied within five (5) days after receipt of the demand, the County may undertake the work and Licensee shall pay the County's cost plus ten (10) percent overhead within thirty (30) days of receipt of the Director's invoice. Failure to pay the County's maintenance within thirty (30) days of receipt of the invoice constitutes grounds for termination of this License. Alternatively, the Licensor may elect to terminate this Agreement after (10) days written notice to Licensee. Page 1 6 Repairs. Licensee shall be responsible for repairing any portion of Venue damaged by Licensee, participants, event attendees, or invitees of Licensee. ALTERATIONS TO VENUE Article 14. Licensee agrees that it will not make any permanent alteration or physical additions ("Improvements") to Venue with Licensor's prior written consent. No alterations or improvement to the Venue are required for Licensee's use. All approved Improvements will be property of Licensor at the expiration of Termination of the Agreement. AUDIT OF LICENSEE Article 15. Licensor shall be allowed access to Licensee's financial books and records for auditing purposes. Licensee shall maintain and cause any contractors and subcontractors, relating to Improvements, to maintain satisfactory financial accounting documents and records and shall make them available for examination and audit by the Licensor on a quarterly basis and upon request. Licensor reserves the right to audit any of the Licensee's accounts related to this Agreement. Licensee will permit Licensor (and its agents) to inspect any and all pertinent records, file, information, and other written materials pertaining to this Agreement. Records shall be available upon Licensor's request. RELATIONSHIP OF THE PARTIES Article 16. Nothing contained in this Agreement will be deemed to constitute Licensor and Licensee as partners or joint ventures with each other. Each party acknowledges and agrees that it neither has nor will give the appearance or impression of having any legal authority to bind or commit the other party in any way. Licensee agrees that it will be solely responsible for the payment of all costs as specified in this Agreement. Licensee shall have no right, authority, or power to bind Licensor under this License for any claim for labor or material or for any other charge or expense incurred by neither Licensee nor subject Licensor to any lien or right of lien for any labor or material or other charge or expense. If any involuntary liens for labor and materials supplied or claimed to have been supplied to the Venue shall be filed, Licensee shall promptly pay or bond such liens to Licensor's reasonable satisfaction or otherwise obtain the release or discharge thereof. Page 1 7 ASSIGNMENT Article 17. Neither this Agreement nor any part hereof shall be transferred, conveyed or assigned by Licensee without prior written consent of Licensor, such as professional or sanctioned tournaments. Any activity or tournament allowed to take place at the Venue shall be the responsibility of Licensee to indemnify and insure in accordance with this Agreement. APPLICABLE LAW Article 18. The validity of this Agreement, the terms, provisions, or articles, and the rights and duties of the parties hereto, shall be interpreted and construed pursuant to, and in accordance with, the laws of the State of Texas. MODIFICATION Article 19. No prior or contemporaneous oral or written promises or representation will be binding on the parties hereto. This Agreement will not be amended or changed except by written agreement signed by both parties thereto. NO WAIVER OF RIGHTS Article 20. If either party fails to enforce any of the provisions of this Agreement or any rights or fails to exercise any election provided in the Agreement, it will not be considered to be a waiver of those provisions, rights or elections or in any way affect the validity of this Agreement. The failure of either party to exercise any of these provisions, rights or elections will not preclude or prejudice such party from later enforcing or exercising the same or any other provision, right or election which it may have under this Agreement. SEVERABILITY Article 21. If any term, provision, covenant or condition of the Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this Agreement will remain in full force and effect and will in no way be affected, impaired, or invalidated. NOTICES Article 22. All notices given hereunder shall be in writing and shall be deemed to have been duly given if delivered personally with receipt acknowledged or sent by registered or certified mail or equivalent, if available, return receipt requested (which shall be confirmed by a writing Page 1 8 sent by registered or certified mail or equivalent on the same day that such notification is sent), or by nationally recognized overnight courier for next day delivery, addressed or sent to the parties at the addresses set forth: Chris Quitugua, President of South Texas Elite Youth Football League, at P.O. Box 260452, Corpus Christi, TX 78426; Nueces County, County Judge, 901 Leopard Room 303, Corpus Christi, TX 78401; and City of Corpus Christi, at Corpus Christi City Hall, 1201 Leopard Street, Attn: Director of Parks and Recreation, Corpus Christi, Texas 78401. SURRENDER OF VENUE AT END OF TERM/HOLDOVER Article 23. Upon the expiration or termination of Term of this Agreement, Licensee shall vacate and surrender to Licensor, the Venue, and Licensee shall at Licensee's sole expense, remove all property of Licensee, other than Improvements, and pay for all damages to the Venue including all damages cause by removal of Licensee's property, and restore the Venue to the condition in which it was prior to the Agreement. Any property remaining at the Venue shall be deemed abandoned by Licensee and may be retained or disposed of by Licensor in any manner that Licensor may see fit, without prejudice to Licensor's rights against Licensee for failure to remove such property, and Licensor shall not be required to pay or account to Licensee for the value of proceeds derived from any sale of such property remaining at the conclusion of the Term. In the case of any holding over or possession by Licensee after expiration of Term or earlier termination of this License, Licensee shall pay Licensor a monthly fee to be determined by the County. Further, in the event Licensee shall hold over beyond any date for surrender of Venue set forth in Licensor's written demand for possession thereof, Licensee shall reimburse Licensor for all actual expenses and losses incurred by Licensor by reason Licensor's inability to deliver possession of Venue to another, together with interest on such expenses at maximum interest rate allowed by law from the date such expenses are incurred until reimbursed by Licensee, together with Licensee's reasonable attorney's fees, charges and costs. The acceptance of the monthly payment by the Licensor, as provided in this paragraph, shall not constitute an extension of the Term of this License or afford Licensee any right to possession of the Venue beyond any date through which such rent has been paid by Licensee and accepted by the Licensor. Such monthly fee shall be due to the Licensor for the period of such holding over, whether or not the Licensor is seeking to evict Licensee; and, unless the Licensor otherwise agrees in writing, such holding over shall be, and shall be deemed and construed to be, without the consent of the Licensor, whether or not the Licensor has accepted any sum due pursuant to this paragraph. Page 1 9 TITLES FOR CONVENIENCE ONLY Article 24. The titles appearing in connection with the various Articles of this Agreement are for convenience only. They are not intended to indicate all of the subject matter in the text and they are not to be used in interpreting this Agreement or for any other purpose in the event of any controversy. SECURITY, STAFFING AND OTHER ITEMS Article 25. Licensee expressly agrees to provide security, for Licensee sponsored, approved, or facilitated events, herein "Events," at Venue during Times of Occupancy during Term and any and all staffing for Events. Licensee shall provide at its sole cost adequate qualified personnel for Event day traffic control. Licensee is responsible for providing its own coaches, assistant coaches, trainers, referees or other necessary officials for the Events, timekeepers, game clock operators, public address announcers, and any medical personnel for the players. This is not an exhaustive list. Licensor is not responsible for any payment due to these staffers and parties expressly acknowledge that these are not Licensor's employees. In addition, Licensee, in connection with each Event to which this License applies shall furnish or arrange to furnish at its own expense: 1. Equipment and uniforms for players 2. All applicable licenses, if applicable for the Event. TERMINATION WITHOUT FAULT/TERMINATION FOR DEFAULT Article 26. Termination without fault. Licensor and Licensee have the right to terminate this Agreement without fault by providing thirty (30) days written notice to the other party. Termination for default. If Licensee defaults in the performance of this Agreement or materially breaches any of its provisions and does not cure such default or material breach within fifteen (15) days, Licensor shall have the right to terminate this Agreement by written notification of termination. Licensor may terminate Licensee's right to possession to the Venue, the enjoyment of the issues and profits there from reenter and take possession of the Venue and remove all persons and property there from with or without process of law, without being deemed guilty of any Page 1 10 manner of trespass and without prejudice to any remedies for arrears in payment or costs incurred due hereunder or existing breaches hereof. Licensor does not waive its rights to pursue all applicable legal remedies, including but not limited to breach of contract claims based upon non-performance by Licensee. NO WAIVER OF GOVERNMENTAL FUNCTION Article 27. No provision or covenant of this License shall constitute a limitation or waiver of the right of the Licensor to perform its governmental functions and the performance of such functions shall not constitute a default hereunder. AMENDMENT/WAIVER Article 28. No alteration, amendment or modification hereof (including this Section) shall be valid unless executed by an instrument in writing by the Licensor and Licensee with the same formality as this License. Without limiting the generality of the preceding sentence, no course of conduct among the parties shall constitute an alteration, amendment or modification of this License. The failure of the Licensor or the Licensee to insist in any one or more instances upon the strict performance of any of the covenants, agreements, terms, provisions or conditions of this License or to exercise any covenant, agreement, term, provision, condition, election or option, but the same shall continue and remain in full force and effect. No waiver by the Licensor or Licensee of any covenant, agreement, term, provision or condition of this License shall be deemed to have been made unless expressed in writing and signed by an appropriate official on behalf of the Licensor or the Licensee. CHOICE OF LAW Article 29. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. CHOICE OF FORUM Article 30. Any disputes between the parties to this Agreement concerning the subject matter of this Agreement shall be submitted for resolution to a court of competent jurisdiction in Nueces County, Texas. Page I 11 CONSTRUCTION Article 31. The language used in this License will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party. This License will not be construed against drafter. SIGNATURES: EXECUTED ON I ;f D r LICENSORS: NUECES COUNTY Samuel Loyd Neal, Jr. Nueces County Judge ATTESTED: By: 4:1AR_ Kara Sands, County Clerk LICENSEE: 2015, Nueces County, Texas. CITY OF CORPUS CHRISTI By: Ronald L. Olson City Manager Approved es b torn 1 t- 1 C_ r5 -tA-A? Lisa Agin: Assistant CIty Attorney For City Attorney EXECUTED ON 2015, Nueces County, Texas BY: Chris Quitugua, President South Texas Elite Youth Football League Page 1 12 EXHIBIT B INSURANCE REQUIREMENTS I. LICENSEE'S LIABILITY INSURANCE A. Licensee must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Licensee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Licensee must furnish to the City's Risk Manager or designee, 2 copies of Certificates of Insurance, showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City of Corpus Christi and Nueces County must be named as additional insured on the General liability policy. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day written notice of cancellation, material change, non -renewal is required on all certificates Bodily Injury and Property Damage Per occurrence aggregate Commercial General Liability including: I. Commercial Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury — Advertising Injury $1,000,000 Combined Single Limit C. In the event of accidents of any kind, Licensee must furnish the City's Risk Manager with copies of all reports of any accidents within 10 days of accident. 11. ADDITIONAL REQUIREMENTS A. Licensee's financial integrity is of interest to the City and County; therefore, subject to Licensee's right to maintain reasonable deductibles in such amounts as are approved by the City, Licensee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Licensee'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). B. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Licensee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Licensee 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. 0. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555 — Fax # C. Licensee 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 of Corpus Christi and Nueces County and their officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City and the County, • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi and Nueces County where the City and the County are additional insureds' shown on the pol icy; • Provide thirty (30) calendar days advance written notice directly to City of Corpus Christi and Nueces County 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. D. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Licensee shall provide a replacement Certificate of Insurance and applicable endorsements to City and County. City and County shall have the option to suspend Licensee'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 contact. E. In addition to any other remedies the City and County may have upon Licensee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City and County shall have the right to order Licensee to stop work hereunder, and/or withhold any payment(s) which become due to Licensee hereunder until Licensee demonstrates compliance with the requirements hereof. F. Nothing herein contained shall be construed as limiting in any way the extent to which Licensee may be held responsible for payments of damages to persons or property resulting from Licensee's or its subcontractors' performance of the work covered under this agreement. G. It is agreed that Licensee's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi and Nueces County for liability arising out of operations under this contract. H. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. EXHIBIT C STANDARD OF MAINTENANCE SPORT FIELD CHECKLIST Due each March 1 and August 1 each year of the Agreement SITE: INSPECTOR: ADDRESS: Date of Inspection: League President Signature Print All Leagues will be expected to complete this self -inspection checklist form semi annually. Due date [March 1 and August 1] each year of the Lease. The City of Corpus Christi will do an inspection during the months of May and December. Each league Is responsible for their self inspection. If the inspection is not submitted to the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus Christi, Texas 78401 by the deadline of [March 1 & August 1] each year of Leases the League will be assessed a fee of S250.00 per site Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A comment is required for any "YES" answer. PLAYING SURFACE Yes No [ ] [ ] 1. The soil is too loose to provide good running traction. 11 f ] 2. The soil Is too compacted to provide good drainage. [ 1 [ ] 3. The playing area has low spots, holes, or is not level and should be dragged/re-graded. (] [ ] 4. There Is a hazardous soil buildup (lip) between the playing area and the turf. [ 1 [ 1 5. The playing area has unsafe wet spots and/or puddles. [11 ] 6. Maintenance equipment such as rakes, hoses, etc. have been left on the field. s [ F [111 7. Utter and unsafe debris is scattered around the playing area and player/spectator areas. [ [ [ ] 8. The supply and location of waste cans s Inadequate. (] ([ 9. If available at Venue, sprinkler heads, drainage grates, valve boxes, etc. in the field are above grade or have sharp edges or unsafe protrusions. [] [] 10. There have been recurring accidents from players running into surrounding objects such as fencing, light posts, bleachers, etc. [] [] 11. Are there any protrusions or potential hazards along fence lines, posts, bleachers, parking lot, or restrooms. [] [ 1 12 There are unsafe bare spots in turf with a hard soil surface exposed. 1] [ 1 13. The surface Is uneven because of soil grade. 1] [ 1 14. Soil is too wet or drains poorly making an unsafe running surface. 1 ] [ 1 15. Turf Is not uniform in texture, density, or height making an unsafe playing surface. [] [ ] 16. Turf irrigation comes on during games. 1 ] [ 1 17. Turf Is not stable and "blow -outs" frequently occur. 1 ] (] 18.Weeds are present with thorns, bristles, or burrs. 1] [] 19 Moles, gophers or other animals have caused mounds or holes, 1111 20. Hazardous ruts occur on the field from mowing equipment or trenching. COMMENTS FENCING (If available at Venue) Yes No 111] 1. Fence posts are loose or improperly set in the ground. [] [ 1 2. Fence posts are on the inside of the playing area fence. 1 1 [ [ (] 3. Concrete footings are exposed above ground. [ ] [ [ 4. Fencing is not securely attached to the fence posts with loose or broken ties. ( ] (] 5. There are unsafe gaps under fencing. [ ] (] 6. There is no bottom tension wire or railing to secure the bottom of the fence. [ ] [ ] 7. There is not top railing to secure fence at the top. [ ] [ ] 8. Wire ends of chain link fendng are exposed along the top. [ ] [ ] 9. There are damaged portions of fencing that are loose, sharp, protruding, or unsafe. [ ] [ ] 10. Gates are left open during games. COMMENTS SIGNS Yes No ( ] [ ] 1. S ens are In good condition. [ ] [ ] 2. Sign with Parks and Recreation phone number for complaints or concerns. [ ] [ ] 3. No parking in grass . [ ] [ ] 4. Sportsmanship signs with league rules, guidelines, and possible consequences. ] ] [ ] 5. ADA Handicap parking spots. ] [ [ ] 6. Adequate traffic markings. [ ] [ ] 7. Maintenance area "keep out". COMMENTS ti 3 CONCESSION STAND / RESTROOMS (if available at Venue) Yes No [ 1 1 ] 1. Health permits posted. 1 1 1 1 2. Food handlers cards on file. [ [ (] 3. Appropriate signs for doorways. [ ] [ 1 4. Cleanliness of restrooms and concession area. [ ] [ ] 5, Condition of buildings. COMMENTS LIGHTING (if available at Venue) Yes No [] [ ] 1. The lighting was not designed, installed, or inspected by properly trained engineers or technicians. 2. There are burned out lights. 3. The beam direction of the lights are out of ad[ustment. 4. The lighting grid pattern on the field is uneven or irregular. 5.'The lighting foot-cand'es do not meet industry recommended specifications. COMMENTS BLEACHERS Yes No I ] [ ] 1. The nuts and bolts on the bleachers are loose, missing, or protruding. [ ] (] 2. The guard rails are loose or missing. [ 1 [ ] 3. The plank or railing end caps are loose or missing. 1 I 1 [ 1 4. Wooden planks are worn out or splintered. 1 ] [ 1 5. There are hazardous protrusions or sharp edges. COMMENTS GENERAL SAFETY CONSIDERATIONS Yes No [ ] [ [ 1. The chalking material used 1s irritating to the eyes. [ ] [ [ 2. There are no warning signs posted informing players or spectators of use rules or hazardous 1 conditions. ] [ ] [ ] 3. There are no public telephones available for emergency situations. [ ] 1 1 4. Areas that are hazardous or under repair have not been blocked off or identified. 1 ] [ 1 5. There is currently no communication between the maintenance staff and the facility [ ] ACOMMENTS [ users. 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 16, 2015 FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3464 FY15 Elderly Nutrition Program (ENP) Grant Award CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $48,225 grant funding from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation grants fund for the FY2015 Senior Community Services, Elderly Nutrition Program. PURPOSE: Appropriate grant funds for the FY15 Elderly Nutrition Program. BACKGROUND AND FINDINGS: The Elderly Nutrition Program (ENP) is made available through the Area Agency on Aging of the Coastal Bend and through this appropriation provides funding for the continuation of the Senior Community Services, Elderly Nutrition Program based on FY 2015 Funding Amounts as authorized by the Coastal Bend Council of Governments. The fund authorization period is effective October 1, 2014 through September 30, 2015. Total funding amounts for the Elderly Nutrition Program (ENP) Grant FY15 are $679,356, of which $631,131 has already been appropriated. This grant requires a minimum of 10% City matching funds which is met through funds budgeted in General Fund 1020, Senior Center Operations. Locally, these projects include the Elderly Nutrition Program (Congregate and Home Delivered Meals), Title XX Meals on Wheels and Benefits Counseling. The Benefits Counseling service is a component of the Health Information Counseling & Advocacy Program of Texas (HICAP). The Elderly Nutrition Program coordinates the congregate and home delivered meals operations to provide a fully prepared, well-balanced noon meal to senior center members and homebound and/or disabled persons throughout the City. The meals are prepared at the Nutrition Education and Service Center located on the Del Mar College West Campus. We served 80,482 congregate meals; 85,474 home delivered meals; 37,429 Title XX Meals on Wheels; 12,012 Title XIX Meals; 27,374 Managed Care meals; 238 Sponsored Meals for a total of 243,009 meals and 244 hours of Benefits Counseling service units during fiscal year October 2014 through September 2015. ALTERNATIVES: Eliminate the Elderly Nutrition Program services. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must authorize the City Manager to execute a contract or agreement to receive and appropriate grant funds on an annual basis for the continuation of the Elderly Nutrition Program. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: This grant requires a minimum of 10% City matching funds, which were appropriated as part of the FY15 City budget General Fund. X Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $631,131 $631,131 Encumbered / Expended Amount 0 0 This item $ 48,225 $ 48,225 BALANCE $ 679,356 $679,356 FUND(S): The revenue from this reimbursement program is budgeted in the Parks & Recreation Grant Fund 1067; Project/Grant 810815F. Comments: N/A RECOMMENDATION: Staff recommends that City Council accept the FY15 Grant Award. LIST OF SUPPORTING DOCUMENTS: Ordinance Attachment — NFA - Notification of FY15 Grant Funding Amount Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $48,225 grant funding from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation grants fund for the FY 2015 Senior Community Services, Elderly Nutrition Program. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept and appropriate $48,225 grant funding from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation Grants Fund for the FY 2015 Senior Community Services, Elderly Nutrition Program. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 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 , 2016, 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 , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor COASTAL BEND Aging & Dlsabi ity (Resource Center 9.4. 40 04.3 [rormawni //Area Agency on Aging OFflg COASTAL DD COASTAL BEND COUNCIL OF GOVERNMENTS August 7, 2015 Ms. Lisa Oliver, Superintendent City of Corpus Christi - Parks & Recreation Dept. Post Office Box 9277 Corpus Christi, Texas 78469 Re: NFA (Notification of Funds Available) for FY2015 Dear Lisa: Enclosed is your second allocation for FY2015. These funds are provided under the Title II1 of the Older Americans Act of 1965, as amended. Please consider this your final award for FY2015 ending September 30, 2015. If you have any questions about the enclosure, please call the office or send your inquiry by email. Sincerely, Betty Lamb, Director Area Agency on Aging enclosure S.A6mAnexiAdriIMANFAhYISMFAQ,11ttlCC 6715 cc: Aldilia Saldivar Finance - Federal Grants LOCATION: 2910 LEOPARD STREET, CORPUS CHIRSTI: TEXAS 78408 MAILING: POST OFFICE BOX 9909; CORPUS CHIRSTI TEXAS 78469 www.aaacoastalbend.org PHONE: (361) 883-3935 TOLL FREE: 1-800-817-5743 FAX: (361) 883-5749 The Area Agency on Aging Is funded in part by the Texas Department of Aging and Disability Services NOTIFICATION OF FUNDS AVAILABLE AREA AGENCY ON AGING OF THE COASTAL BEND POST OFFICE BOX 9909 CORPUS CHRISTI, TEXAS 78469 SUBCONTRACTOR: Ms. Lisa Oliver, Superintendent City of Corpus Christi Parks & Recreation Department Post Office Box 9277 Corpus Christi, Texas 78469 Date: August 7, 2015 CONTRACT PERIOD: 10/01/2014 - 09/30/2015 CONTRACT NUMBER: AA3-1148-4 AWARD ISSUANCE NUMBER: 2 This Notification of Funds Available is issued as an addendum to your contract with the Coastal Bend Council of Governments — Area Agency on Aging Coastal Bend Aging and Disability Resource Center for the period October 1, 2014 through September 30, 2015. The funds awarded under this addendum are for the above period in the amount(s) shown below. It is understood and agreed by the Subcontractor that any payment thereunder, shall be for services provided in accordance with all requirements set forth in the referenced contract. The Subcontractor certifies upon request for any funds awarded under this addendum that the Subcontractor is not debarred, proposed for debarment, suspended, ineligible, or voluntarily excluded from participation in this contract by any federal department or agency or by the State of Texas. PROGRAM FY15 FY15FY15 FY15 Prior Contract Title III Award F NSIP Award Cumulative Award this Action (1) Award CONGREGATE MEALS III -C 1 /SGR/NSIP $ 27,780.00 HOME DELIVERED MEALS III C2/SGR/NSIP $ 30,725.00 SUPPORTIVE SERVICES III -B $ 3,655.00 TOTAL AWARD $ 62,160.00 $228,462.00 $261,154.00 $ 8,050.00 $ 66,711.00 $322,953.00 $ 52,819.00 $ - 0 - $11,705.00 $497,666.00 $119,530.00 5679,356.001 (1) This award represents final funding for FY15. The final award includes funding from the Nutrition Services Incentive Program (NSIP), as well as carryover funds from FY2014. John/ . Buckner, Executive Director Coa tal Bend Council of Governments 6 AgminAssepalAAAlY.ndorffY 14INFA ,L' Nr'S ^ �^ cc ildriana Berlanga Finanr:e Federal Grants 8� AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 15, 2015 Second Reading Ordinance for the City Council Meeting of January 12, 2016 DATE: TO: Ronald L. Olson, City Manager December 1, 2015 FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3464 Ordinance authorizing acceptance and appropriation of the FY16 Elderly Nutrition Program (ENP) Grant Award CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $635,079 grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation grants fund for the FY2016 Senior Community Services, Elderly Nutrition Program. PURPOSE: Appropriate grant funds for the FY16 Elderly Nutrition Program. BACKGROUND AND FINDINGS: The Elderly Nutrition Program (ENP) is made available through the Area Agency on Aging of the Coastal Bend and through this appropriation provides funding for the continuation of the Senior Community Services, Elderly Nutrition Program based on FY2016 Planning Amounts as authorized by the Coastal Bend Council of Governments. The fund authorization period is effective October 1, 2015 through September 30, 2016. Total planning funding amounts for the Elderly Nutrition Program (ENP) Grant FY16 is $635,079. This grant requires a minimum of 10% City matching funds which is met through funds budgeted in General Fund 1020, Senior Center Operations. Locally, these projects include the Elderly Nutrition Program (Congregate and Home Delivered Meals), Title XX Meals on Wheels and Benefits Counseling. The Benefits Counseling service is a component of the Health Information Counseling & Advocacy Program of Texas (HICAP). The Elderly Nutrition Program coordinates the congregate and home delivered meals operations to provide a fully prepared, well-balanced noon meal to senior center members and homebound and/or disabled persons throughout the City. The meals are prepared at the Nutrition Education and Service Center located on the Del Mar College West Campus. We project to serve 83,052 congregate meals; 64,991 home delivered meals; 46,291 Title XX Meals on Wheels; 14,278 Managed Care meals; for a total of 208,612 meals and 355 hours of Benefits Counseling service units during fiscal year October 2015 through September 2016. ALTERNATIVES: Eliminate the Elderly Nutrition Program services. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must authorize the City Manager to execute a contract or agreement to receive and appropriate grant funds on an annual basis for the continuation of the Elderly Nutrition Program. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 Encumbered / Expended Amount 0 0 This item $ 635,079 $ 635,079 BALANCE $ 635,079 $ 635,079 FUND(S): The revenue from this reimbursement program is budgeted in the Parks & Recreation Grant Fund Comments: This grant requires a minimum of 10% City matching funds, which were appropriated as part of the FY2016 City budget General Fund. RECOMMENDATION: Staff recommends that City Council accept the FY2016 Grant Award. LIST OF SUPPORTING DOCUMENTS: Ordinance Attachment - Area Agency on Aging of the Coastal Bend, FY2016 Contracting Plan Summary Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $635,079 grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation grants fund for the FY2016 Senior Community Services, Elderly Nutrition Program. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept and appropriate a $635,079 grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation Grants Fund for the FY2016 Senior Community Services, Elderly Nutrition Program. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 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 , 2016, 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 , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Area Agency on Aging of the Coastal Bend Fiscal Year 2016 Contracting Plan Summary (1) Based on Title III, SGR, and NSIP Planning Allocations (2) (3) 10/1/2015 Provider Service Area FY2016 PLANNING FUNDS FY2016 DADS -III FUNDED SERVICES, UNIT RATES & PERSONS SERVED CONTRACT METHODOLOGY Title III/SGR NSIP Ping Total DADS Ping Budget Budget Ping Amt (2)(3) (2) (3) (2)(3) DADS FY16 Est'd Persons Total DADS Monthly Reimbursement Served Units Funded Benchmark Unit Rate (DADS Funded) Units for DADS Units Contract Type Aransas Co. Council on Aging Aransas Co. Congregate Meals $ 12,680 $ 7,838 $ 20,518 9,560 3,293 274 $ 6.23 90 Vendor -Unit Rate Home Delivered Meals 54,426 17,466 71,892 23,447 14,524 1,210 4.95 57 Vendor -Unit Rate Total 67,106 25,304 92,410 N/A N/A N/A City of Corpus Christi Congregate Meals City of Corpus Christi 235,807 68,396 304.203 83,052 40,942 3,412 7.43 1,247 Contract -Unit Rate Home Delivered Meals 261,530 54,725 316.255 79,269 63,890 5,324 4.95 483 Contract -Unit Rate Benefits Counseling 14,621 0 14,621 355 325 27 44.99 162 Contract -Unit Rate Total 511,958 123,121 635.079 N/A N/A N/A N/A Community Action Agency on South Texas (2) Congregate Meals Jim Wells, Brooks & 194,090 $ 43,515 237,605 60,250 46,227 3,852 5.14 438 Contract -Unit Rate Home Delivered Meals San Patricio & Bee 142,393 $ 27,548 169,941 42,321 34,333 2,861 4.95 257 Contract -Unit Rate Transportation Counties 52,741 0 52,741 9,000 8,968 747 5.88 107 Contract -Unit Rate Total 389,224 71,063 460,287 N/A N/A N/A Duval County Congregate Meals Duval County 29,502 27628 57,130 35,390 11,755 980 4.86 222 Vendor -Unit Rate Home Delivered Meals 34,853 15182 50,035 24,267 7,189 599 6.96 75 Vendor -Unit Rate Total 64,355 42,810 107,165 N/A N/A N/A N/A Kleberg County Congregate Meals Kleberg & Kenedy Co. 46,781 18031 64,812 26,200 12,275 1,023 5.28 130 Vendor -Unit Rate Home Delivered Meals 35,966 16759 52,725 14,849 10,652 888 4.95 105 Vendor -Unit Rate Total 82,747 34,790 117,537 N/A N/A N/A N/A Area Agency on Aging of the Coastal Bend Fiscal Year 2016 Contracting Plan Summary (1) Based on Title III, SGR, and NSIP Planning Allocations (2) (3) 10/1/2015 Page 2 Provider Service Area FY2016 PLANNING FUNDS FY2016 DADS -III FUNDED SERVICES, UNIT RATES & PERSONS SERVED CONTRACT METHODOLOGY Title III/SGR NSIP Ping Total DADS Ping Budget Budget Ping Amt (2)(3) (2) (3) (2)(3) DADS FY16 Est'd Persons Total DADS Monthly Reimbursement Served Units Funded Benchmark Unit Rate (DADS Funded) Units for DADS Units Contract Type Live Oak County Home Delivered Meals Live Oak Co. $ 36,376 $ 8,276 $ 44,652 9,738 9,021 752 $ 4.95 57 Vendor -Unit Rate Nueces County Congregate Meals Rural Nueces Co. 35,576 15919 51,495 25,686 10,424 869 4.94 191 Vendor -Unit Rate Home Delivered Meals 42,411 11545 53,956 23,130 10,900 908 4.95 69 Vendor -Unit Rate Transportation 19,521 19,521 8,817 4,905 409 3.98 101 Vendor -Unit Rate Total 97,508 27,464 124,972 N/A N/A N/A N/A Refugio County Refugio Co. Home Delivered Meals 23,208 4277 27,485 7,158 5,553 463 4.95 61 Vendor -Unit Rate Transportation 9,972 9,972 3,884 276 23 36.15 55 Vendor -Unit Rate Total 33,180 4,277 37,457 N/A N/A N/A N/A Jean Fields, R.S., R.D., L.D. 12 County CB Region 31,106 31,106 N/A N/A N/A N/A N/A Contract - Cost Nutrition Consultant Reimbursement Region -wide Totals: Total Congregate Meals $ 554,436 $ 181,327 $ 735,763 240,138 124,916 10,410 $ 5.89 2,318 Total Home Delivered Meals $ 631,163 $ 155,778 $ 786,941 224,179 156,062 13,005 $ 5.04 1,164 Total Title IIIB Transportation Services $ 82,234 $ - $ 82,234 21,701 14,149 1,179 $ 5.81 263 Total Title IIIB Legal Assistance $ 14,621 $ - $ 14,621 355 325 27 $ 44.99 162 Total Nutrition Consultation $ 31,106 $ - $ 31,106 N/A N/A N/A Total Region -wide Services $ 1,313,560 $ 337,105 $ 1,650,665 486,373 295,452 1,650,665 Area Agency on Aging of the Coastal Bend Fiscal Year 2016 Contracting Plan Summary (1) Based on Title III, SGR, and NSIP Planning Allocations (2) (3) Page 3 Footnotes: (1) Contracts and vendor agreements reflected here will extend from 10-1-15 to 9-30-16. During FY16 six out of eight nutrition programs will have vendor agreements in -lieu -of an annual contract. These include Aransas County Council on Aging, Duval, Live Oak, Kleberg, Nueces, and Refugio Counties. Under these vendor agreements, services for clients will be pre -authorized by CBCOG/AAA. The funding amount is a target amount available for this service, not a contracted amount. The two largest providers, the City of Corpus Christi and Community Action Corporation of South Texas, will remain as contractors. A new two-year contract will be executed with these contractors plus the Nutrition Consultant. This will be consistent with the new two-year AAA DADS Contract for FY2015-FY2016. Vendor agreements will be updated for FY16. (2) Note that these planning amounts were established in June, 2015 and were based on actual FY15 funding less any FY14 Carryover Funds awarded. However, note the Older American's Act is still subject to possible Federal Sequestration cuts. Our local "planning amounts" will be further adjusted as Coastal Bend has now received DADS updated planning amounts for FY16 which reflects updated demographics. DADS Planning amounts for Coastal Bend for all Title III, State General Revenue and NSIP are approximately $10,000 under our earlier "local planning amounts" established in June, 2015 and considered not significant enough to change the monthly benchmarks established here. As in previous years, "Planning Allocations" will be adjusted once actual Fiscal Year 2016 funding is known. (3) Acronyms used in this spreadsheet: Texas Department of Aging and Disability Services (DADS) State General Revenue Funds (SGR) Nutrition Incentive Services Program (NSIP) Advisory Council on Aging (ACOA) Fiscal Year (FY) file. fv16 Cont Plan Sum 10-1-15 XIS 7/23/15 3:10 PM Provider Name City of Corpus Christi AAA Name Area Agency on Aging of the Coasta' Bend Congregate Meals BUDGET WORKSHEET CALCULATION OF THE PER MEAL UNIT RATE 1. Total Budgeted Expenses for Contract Year 2. Total Number of Anticipated Meals to be Provided by Funding Source Other Funds DADS ABI AAA 40,942 E:igible Meals 39.300 Other Sources 5 0 1, $ 679211 97 Other Funds - Non -Eligible Program Income 2,810 Meals 0 Other Sources 6 0 2. 83,052 3 Whole Unit Rate (Line 1 divided by Line 2) Reimbursement Calculation DADS A&I AAA 4. Projected NSIP per Meal Value 0.69 5. Rate Less NSIP per Meal Value $ 7 49 6. Mandatory Local Match of 10% $ 0.75 If Applicable, Match Reduction From the In-kind Match Certification form Required Cash Match 7. Proposed Meal Rate (Line 3 minus Line 6) $ 0.75 $ 7.43 It any portion of the required match is in-kind, you must complete an In -Kind Match Certification form. By signing below, the provider acknowledges that all related records are subject to audit in accordance with contract requirements and all applicable federal and state laws Area Agency on Aging of the Coastal Bend Name of Area Agency on Aging John P. Buckner, Executive Director Printed/Typed Name of Signer Signature s//�fY- Date r E. Jay Ellington, Director Printed/Typed Name of Signer Dale Date 3. $ 8.18 b'e 723115 3:07 PM Provider Name: City of Corpus Christi AAA Name: Area Agency on Aging of the Coastal Bend Region Number Region 11 Home Delivered Meals BUDGET WORKSHEET CALCULATION OF THE PER MEAL UNIT RATE 1. Total Budgeted Expenses for Contract Year 1. $ 814,155.75 2. Total Number of Anticipated Meals to be Provided by Funding Source DADS A&I AAA 63,890 Tide XX 46,291 Title XIX 0 Other Funds Other Funds - Program Income 1,101 Eiglbte Meals 14,278 Non•EIIgIbIIe Meals 0 2. 129,55.60 3. Whole Unit Rate (Line 1 divided by Line 2) Reimbursement Calculation 4. Protected NSIP per Meal Value 5. Rate Less NSIP per Meal Value 6. Mandatory Local Match of 10% S 058 "* If Applicabte, Match Reduction From the In-kind Match Certification form $ Required Cash Match 3. $ 8.48 DADS A&I AAA & Tide XX Tide XIX 0.69 NIA 5 5.79 NIA $ 0.58 N/A 7. Proposed Meat Rate (Line 3 minus Line 6) S 5.90 5 6.48 8. Rate Cap Applicable to Tide XIX, Title XX and DADS A&I AAA Common Providers $ 4.95 $ 8.12 9. Excess of Cap Rate Reduction $ (0.95) $ (0 36) Accepted Unit Rale for Current Year $ 4.95 $ 6.12 It any portion of the required match Is In-kind, you must complete an In -Kind Match Certification form. By signing below, the provider acknowledges that all related records are subject to audit in accordance with contract requirements and alt applicable federal and state laws. Na e of ontracted Provider Area Agency on Aging of the Coastal Bend Name of Area Agency on Ag ng John P. Buckner, Executive Director P yped Name of Signer Signature 1‘7/)Eitr.-- Date E. Jay E1I.ngton, Director Printed/Typed Name of Signer '72-7 ate Region 11 Department of Aging and Disabl ity Services &trOJOj Co►rha.d specialr.0 ntedlTyped Na ; e of Signer et.IAJ aa) Signa re io'aa,J Date 4� 7/23115 3.11 PM Provider Name. City of Corpus Christ AAA Name: Area Agency on Aging of the Coastal Bend Legal Assistance BUDGET WORKSHEET CALCULATION OF THE UNIT RATE 1.Total Budgeted Expenses for Contract Year 2.Total Number of Anticipated Units to be Provided DADS A&I AAA - 10 % Program Match Required 325 Income 0 Other Sources 6 0 DADS A&I AAA - 25 % Local Funds - Match Required 0 Eligible Trips - 30 Other Sources 7 0 Other Funds - DADS A&I AAA - Full Unit Non -Eligible Rale 0 Trips 0 Other Sources 6 0 2 355 1 $ 17,747.00 3. Cost per unit (Line 1 divided by Line 2) - Full Unit Rate Reimbursement Calculation for Contracts Requiring Unit Rate Match Reduction 3. $ 49 99 4. Mandatory Local Match of 10% • If Applicable, Match Reduction From the In-kind Match Certification form Required Match 5.Fuli Unit Rate Less Required Match (Line 3 minus Line < $ 5.00 $ 4. $ 5 00 5 $ 44 99 4 Mandatory Local Match of 25% • If Applicable, Match Reduction From the In-kind Match Certification form Required Match 5.FulI Unit Rate Less Required Match (Line 3 minus Line $ 12 50 5 4 $ 12.50 5 $ 37.49 'if any portion of the required match is in-kind, you must complete an In -Kind Match Certification form. Contract Reimbursed at Full Cost Per Unit Rate. Match Requirements Will Be Met Through Provision of Additional Units $ 49.99 Contractor Initial AAA Initial Ci &If Co •us Christi — ..f Contracted Provider 5 ' ature , E Jay Ellington, Director Legal Na Printed/Typed Name of Signer Date Area Agency on Aging of the Coastal Bend Name of Ar, Agency on Aging S=gnature John P, Buckner, Executive Director Printed/Typed Name of Signer P// viateic— 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 13, 2015 TO: Ronald L. Olson, City Manager FROM: Jay Ellington, Director, Parks and Recreation JayEll@cctexas.com 361-826-3460 FY16 Reimbursement Grant appropriation for Title XX Meals on Wheels CAPTION: Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a $229,140 reimbursement grant awarded by the Texas Department of Aging and Disability Services, Title XX Meals on Wheels Program and appropriating it in the No. 1067 Parks and Recreation Grants Fund for the FY 2016 Senior Community Services, Title XX Meals on Wheels Program. PURPOSE: To accept and appropriate the State reimbursement grant funds for the Title XX Meals on Wheels Program. BACKGROUND AND FINDINGS: The Title XX grant is made available through the Texas Department of Aging and Disability Services (DADS) for the Senior Community Services, Title XX Meals on Wheels (MOW) Program. The fund authorization period is effective October 1, 2015 through September 30, 2016. This is a reimbursement grant. Meal service is initiated by referrals from DADS caseworkers. The Texas Department of Aging and Disability Services (DADS) will reimburse the City of Corpus Christi at a rate of $4.95 up to an estimated 46,291 units of service for the continuation of the Title XX Meals on Wheels Program. A monthly billing is submitted to the state based on the number of meals served. The Elderly Nutrition Program coordinates the home delivered meals operations to provide a fully prepared, well-balanced noon meal to homebound and/or disabled persons throughout the City. The meals are prepared at the Nutrition Education and Service Center/Central Kitchen located on the Del Mar College West Campus. We served 37,429 Title XX Meals on Wheels service units during fiscal year October 2014 through September 2015. ALTERNATIVES: Do not approve. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must approve all letters of agreement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal, Finance, Parks and Recreation FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered/ Expended Amount 0 This item $229,140 $229,140 BALANCE $229,140 $229,140 Fund(s): Parks and Recreation Grant Fund 1067 — 810816F Comments: RECOMMENDATION: Staff recommends that the Council approve the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance DADS Contract/Approved Budget Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $229,140 reimbursement grant awarded by the Texas Department of Aging and Disability Services, Title XX Meals on Wheels Program and appropriating it in the No. 1067 Parks and Recreation Grants Fund for the FY 2016 Senior Community Services, Title XX Meals on Wheels Program. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Of CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager, or his designee, is authorized to execute all documents necessary to accept a $229,140 reimbursement grant awarded by the Texas Department of Aging and Disability Services, Title XX Meals on Wheels Program and appropriating it in the No. 1067 Parks and Recreation Grants Fund for the FY 2016 Senior Community Services, Title XX Meals on Wheels Program. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, 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 , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Texas Department of Aging and Dis,bility Services State of Texas Travis County Community Services Contract Amendment Section 1. Contractor Information Legal Name of Entity (Contractor) City of Corpus Christi Doing Business As (d/b/a) Name, if applicable Senior Community Services Form 3254-A June 2013 Contract No. 167400 Contract Type CCAD HDM Amendment No. 11-9 Region No. 11 Address of Contractor (street, city, state, ZIP) P. 0. Box 9277, Corpus Christi, TX 78469 Waiver Contract Area Nueces Component Code HCS Section 2. fntroduction This amendment to the contract number referenced above (the "contract") is entered into by the Department of Aging and Disability Services (Department) and the legal entity (Contractor) named above (Department and Contractor, collectively, the "parties," each, a "party"). The Department represents the Health and Human Services Commission (HHSC), the Texas Medicaid agency, for any Medicaid services provided under this contract. The Department, as the representative for HHSC, administers community services programs under Title XIX, including Section 1915(c); Title XX of the Social Security Act; and Title 2, Texas Human Resources Code. Section 3. Amendment Modifications The parties agree that each marked provision below is hereby added to the contract as though it was set out word-for-word in the contract. O The following 0 counties 0 local authorities are added to the contract. O The following 0 counties ❑ local authorities are deleted from the contract. ® Attachment A (relating to covered counties) is incorporated into the contract and represents the full listing of counties served as a result of this amendment. O The attached Form 3691-A, Service Area Designation HCS, TxHmL, CDS and TAS, is incorporated into the contract and replaces the Contractor's previously submitted Form 3691-A. ® Attachment B (relating to Home Delivered Meals) is incorporated into the contract and represents the new Home Delivered Meals provisions as a result of this amendment. ❑ Contractor agrees to screen its employees and contractors to determine whether they have been excluded from participation in Medicare, Medicaid, the State Children's Health Insurance Program and all federal and state health care programs. The Contractor agrees to search monthly the U.S. Department of Health and Human Services Office of the Inspector General (HHS -OIG) and Health and Human Services Commission -Office of the Inspector General (HHSC-OIG) List of Excluded Individuals/Entities (LEIE) websites to capture exclusions and reinstatements that have occurred since the last search and to Immediately report to the HHSC-OIG any exclusion information the contractor discovers. Exclusionary searches for prospective employees or contractors shall be performed prior to employment or contracting. The Contractor also acknowledges and agrees that no Medicaid payments can be made for any Items or services directed or prescribed by an excluded physician or other authorized person when the individual or entity furnishing the items or services either knew or should have known of the exclusion. This prohibition applies even when the Medicaid payment itself is made to another provider, practitioner or supplier that is not excluded. Form 3254-A Page 2106-2013 Section 3. Amendment Modifications (continued) O Contractor agrees that In accordance with 42 CFR §455.23, the Department shall suspend all Medicaid payments to the Contractor upon notification by HHSC-OIG that a credible allegation of fraud under the Medicaid program is pending against the Contractor, unless the Department has good cause not to suspend the payments or to suspend the payments only in part. ❑ Contractor agrees that except as provided in the paragraphs below, the Contractor must not use the Department's name, the state of Texas or refer to the Department or the state directly or indirectly in any media release, public announcement or public disclosure relating to this contract or its subject matter, including, but not limited to, in any promotional or marketing materials, customer lists or business presentations (other than those submitted to the Department, an administrative agency of the state of Texas, or a govemmental agency or unit of another state or the federal government). The Contractor may publish, at its sole expense, results of Contractor performance under this contract with the Department's prior review and approval, which the Department may exercise at its sole discretion. Any publication (written, visual or sound) will acknowledge the support received from the Department and any federal agency, as appropriate. The Contractor will provide the Department at least three copies of such publication prior to public release. The Contractor will provide additional copies at the request of the Department. The Contractor may include information concerning this contract's terms, subject matter and estimated value in any report to a governmental body to which the Contractor is required by law to report such information. ® Contractor agrees that as part of Its contract with the Department, Contractor may receive or create sensitive personal Information, as section 521.002 of the Business and Commerce Code defines that phrase. Contractor must use appropriate safeguards to protect this sensitive personal information. These safeguards must Include maintaining the sensitive personal information in a form that is unusable, unreadable, or indecipherable to unauthorized persons. Contractor may consult the "Guidance to Render Unsecured Protected Health Information Unusable, Unreadable, or Indecipherable to Unauthorized Individuals" issued by the U.S. Department of Health and Human Services to determine ways to meet this standard. Contractor must notify the Department of any confirmed or suspected unauthorized acquisition, access, use or disclosure of sensitive personal information related to this contract, including any breach of system security, as section 521.053 of the Business and Commerce Code defines that phrase. Contractor must submit a written report to the Department as soon as possible but no later than 10 business days after discovering the unauthorized acquisition, access, use or disclosure. The written report must identify each individual whose sensitive personal information has been or Is reasonably believed to have been compromised. Contractor must either disclose the unauthorized acquisition, access, use or disclosure to each individual whose sensitive personal information has been or is reasonably believed to have been compromised or pay the expenses associated with the Department doing the disclosure if: 1. Contractor experiences a breach of system security involving information owned by the Department for which disclosure or notification is required under section 521.053 of the Business and Commerce Code; or 2. Contractor experiences a breach of unsecured protected health information, as 45 CFR §164.402 defines that phrase, and the Department becomes responsible for doing the notification required by 45 CFR §164.404. The Department may, at its discretion, waive Contractor's payment of expenses associated with the Department doing the disclosure. ❑ Other Form 3254-A Page 3 ! 06-2013 Section 4. Effective Date This amendment Is effective October 1 2015. Section 5. Terms Remain in Effect The parties agree that all other provisions of the contract shat remain In effect and govem except to the extent modified In this amendment. Section 6. Amendment Execution The Department and Contractor have each caused this amendment to be signed by their respective representative. Department of Aging and Disability Services Slgnatu�Deparlment Representative Elisa J. Garza Name of Department Representative (Print or type) Assistant Commissioner Title of Department Representative (Print or type) q Date City of Corpus Christi Signature -Co ,ira ctor Reprps :ntative E. Jay Ellington Name of Contractor Representative (Print or type) Director, Parks & Recreation Title of Contractor Representative (Print or type) Date Community Services Contract Amendment Attachment A— Covered Counties Type of Contract Contract No. TAmendment No CCAD HDM 167400 ;11-9 Legal Name of Contractor City of Corpus Christi Contact Person Lisa Oliver Form 3254-A Page 4106-2013 Region No. 11 Area Code and Telephone No (361) 826-3150 The counties listed below, effective with this amendment, are covered by the contract. These counties are on file with the DADS Home and Community Support Services licensing division for the appropriate category of licensure and are located in the DADS region specified above. County Name County Name Nueces (178) County Name Date Form Completed: 07/17/2015 Initials -Contractor Representative Type of Contract CCAD HDM Community Services Contract Amendment Attachment B -- Home Delivered Meals Contract No. 167400 Amendment No. 11-9 Legal Name of Contractor City of Corpus Christi Region No. 11 Contact Person Lisa Oliver Each marked provision below is included in this attachment. Form 3254-A Page 5105-2013 Area Code and Telephone No. (361) 826-3150 ® Contractor will provide 46,291 units of Title XX Community Care for the Aged and Disabled/Home Delivered Meals for the period October 1, 2015 through September 30, 2016 (budget period). The approved budget for each meal is $4.95, and the approved budget for the budget period is $229,140. The approved budget is reflected in the attached Form 2029, Information Worksheet, Purchase of Services Contract, which Is incorporated into this amendment. The geographical area covered by the contract is Nueces, Texas. ❑ Contractor will provide Title XIX Community Based Altematives/Home Delivered Meals for the period through (budget period). The Title XIX meals will be paid at the rate of $ per unit. The geographical area covered by the contract is , Texas. ® Contractor will serve or deliver meals in altemate format (frozen, Gulled or shelf -stable) on fewer than five days per week. The altemate delivery terms for the period October 1, 2015 through September 30, 2016 are described in the attached Form 2027, Home Delivered Meals FFY 2015 Waiver Description, which is incorporated into this amendment. Initials -Contractor Representative Texas Department of Aging and Disability Services ContractNendor Number 167400 SECTION 1— CONTRACTOR DATA Information Worksheet Purchase of Service Contract Form 2029 October 2002 Region Number 11 County Number 176 Legal Name City of Corpus Christi Contract Effective Date October 1, 2007 Commonly Used Name (if different) Senior Community Services Contract Termination Date Open -Ended Address (Street, City, State, Zip) P. 0. Box 9277, Corpus Christi, Texas 78496 Area Code and Telephone Number (361) – 880-3150 Person Authorized to Sign Contract Michael Morris Title Director, Parks & Recreation Ownership ® Public ■ Non-profit ■ Profit Charter Number Employer ID Number 17460005471 Contract Person Lisa Oliver Title Superintendent Area Code and Telephone Number (361) – 826-3150 SECTION II — SUMMARY OF PAYMENT (Enter estimated information in this section.) Effective Payment Dates Budget Name Budget Number Unit Rate Estimated Number Eligible Units Estimated Local Funds Estimated DADS Funds Estimated Budget amount 10/01/2015-09/30/2016 Title XX 01 4.95 46,291 $0.00 229,140 229,140 ® Per day ■ Per week ■ Per month ,e Per day ■ Per week • 4. Unit of Service Meals 5. Units of Service to All Clients 125,560 6. Number of Units of Service to Eligible Clients 46,291 7. Geographical Area Served Nueces County (City of Corpus Christi) 8. Goals (check all that apply) V 0 1 ® II ■ III 0 IV ■ 9. Basis of Payment Cost Reimbursement 0 Schedule • Reimbursement 0 Fixed Unit Rate ■ 10. Estimated Amount of Co -Pay (day care and family planning only): N/A Estimated Contract Total Percent of Contract $0.00 229,140 229,140 0 100% SECTION III — SERVICE Program Activity Name Long Term Care -Community Care for the Aged and Disabled Code 7 Service Activity Name Home Delivered Meals Code 25 SECTION IV — CLIENT DATA 1. Client Categories to be Served (check all that apply) Recipient to Income ® MAO Income Eligible 0 Ineligible ® Current TANF 0 Current SSI ■ NPA Food Stamp 0 Other Income Eligible ■ Without Regard 2. Total Number of Client to be Served 3. Number of Eligible Clients to be Served Per month ® Per day ■ Per week ■ Per month ,e Per day ■ Per week • 4. Unit of Service Meals 5. Units of Service to All Clients 125,560 6. Number of Units of Service to Eligible Clients 46,291 7. Geographical Area Served Nueces County (City of Corpus Christi) 8. Goals (check all that apply) V 0 1 ® II ■ III 0 IV ■ 9. Basis of Payment Cost Reimbursement 0 Schedule • Reimbursement 0 Fixed Unit Rate ■ 10. Estimated Amount of Co -Pay (day care and family planning only): N/A flilikiOTEXAS Department of Aging and Disability Services Home -Delivered Meals Waiver Request (Waivers are in effect Oct.1, 2015, to Sept. 30. 2016) Form 2027 March 2015-5 Name al Legal Entity City of Corpus Christi Signature Authority Stacie Talbert Anaya/Connie Reschman Making Address 1201 Leopard Street City Corpus Christi State TX ZIP 78401 Funding Source Title 111 and Title XX Common Provider (see Instructions) Yes Area Agency on Aging (AAA) Name, if applicable Area Agency on Aging of the Coastal Bend Waiver Area: What areas or locations will the waiver cover? Corpus Christi City Limits Meal Delivery: How many days per week will the provider deliver meals to an individual? (The minimum requirement is one delivery per week,) 5 How many hot meals will the provider deliver each week? 5 How many frozen meals will the provider deliver each week? How many chilled meals will the provider deliver each week? 1 How will the provider keep food frozen or chilled while transporting it? 1 Insulated ice chests, with ice, to maintain temperature. Contacting Individuals: How many days per week will the provider contact an individual, including the day of meal delivery? 5 (The minimum number orcontacts Is Three per week.) How many times per week will the provider contact the individual by telephone? How many times per week will the provider contact the individual In person, including the day of meal delivery? 5 Additional Comments: Shelf Stable meals will be served during periods of natural or man-made disasters (hurricanes, tornadoes, floods, power outages. etc.) and will be contacted by telephone if the delivery driver is unable to deliver the meal. Alternate Meals: Give an estimated number of individuals who will receive alternate meals under this waiver each week, 575 Are the individuals receiving alternate meals outside of the provider's service area? No What is the shortest distance (number of miles) from the meal preparation site to an individual served under the waiver? 25 Circumstances necessitating this waiver. Select one or more of the following circumstances: Insufficient number of volunteers to deliver meals daily [J Need to reduce meal preparation costs I Transportation costs are too high J Personnel costs 0 Other Explanation: Give an explanation if Other was selected above. Chilled meals are served twice a month to all home delivered meal clients as per the approved meal plan. Frozen meals are delivered in accordance with the service plan specifying weekends for Title XX clients. Frozen meats for Title III clients are served on a case by case basis upon request and/or Outreach Worker's recommendation. Describe how the provider will ensure delivery of alternate meals to an individual who is not home on a scheduled delivery day. Clients contact the office to cancel the meal delivery on days they will not be home. This allows for an alternate meal to be delivered before the regularly scheduled delivery. If the client is not home when delivery is attempted, the driver notifies the office to initiate communication with the client or their designated emergency contact. If contact Is made delivery arrangements are made for a second delivery. If unable to make contact with the client/designated emergency contact, then delivery attempt is reflected as a "no show", Form 2027 Page 2103-2015-E Assurances In submitting this waiver description to the Texas Department of Aging and Disability Services (DADS), Access and Intake Division, the entity requesting this waiver assures continuing compliance under the waiver with the following requirements. 1. If a common provider, the waivered service description is the same for all funding sources — Title 01 and Title XX. 2. The home -delivered meals provider has established policies and procedures to ensure: a. The provider does not deny services to an Individual eligible for home -delivered meals on the basis of the individual's inability to safely store and prepare a frozen or shelf -stable meal. b. Significant changes In an individual's physical or mental mndiUon or environment are reported per Texas Administrative Code (TAC), Title 40, Part 1, Chapter 55, §55.29 and Chapter 85, Subchapter D, §85.302(nx1)(DXill). c The provider and every individual affected by the waiver has sanitary and sate conditions for storage, thawing and preparation of the meal [40 TAC §55.21(1), §85.302(kX1) and §85.302(nx1XDKi)). d. The meal can be safely handled by an individual affected by the waiver, or by another available person if the individual Is unable to do so [40 TAC §5521(2) and §85.302(kx2)). e. The provider safely packages and transports all frozen meals [40 TAC §55.23 and §85.302(1)-(m)). f. The provider complies with Texas Department of State Health Services rules under TAC, Title 25, Peril. Chapter 229, Subchapter K. Texas Food Establishments, to ensure all potentially hazardous foods are: properly frozen and stored [25 TAC §229.184(1) and (o)); prepared, stored and clearly marked using calendar dates [25 TAC §229.164(aX6)(: cooled quickly within two hours to 70 degrees Fahrenheit, and to 41 degrees Fahrenheit in an additional four hours, not to exceed a total of six hours [25 TAC §229.164(o)(4XA) and (S)); and remain frozen until ready for the thawing or cooking process (25 TAC §229.164(oX1) (3)). 3. In the event an Individual becomes ineligible for the Home -Delivered Meals program for any reason (that is, Toss of eligibility, relocation. nursing home placement, death) and the provider has requested payment for meats delivered past the date of the Individual's ineligibility, the provider will reimburse the AM or DADS for all such meats for which the provider has received payment. City of Corpus Christi Name of Legal Frilly Stade Talbert Anayyaa interim Director, Parks and Recreation Department Prinledff yped Name — Signature Authority Ate.: 2.),- 3(*o f l5 Signa Signature Authonty Date AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 15 2015 Second Reading Ordinance for the City Council Meeting of January 12, 2015 DATE: November 23, 2015 TO: Ronald L. Olson, City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3460 Community Enrichment Fund (4720) appropriation for park improvements CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $872,005.99 in developer contributions and interest earnings in the 4720 Community Enrichment Fund for park improvements and other related projects. PURPOSE: To appropriate funds received from developer fees and interest earned in the Community Enrichment Fund so that the funds would be available for associated projects. BACKGROUND AND FINDINGS: The Unified Development Code provides that, should the City accept fee in lieu of land or park development fees, the fees shall be used for the acquisition or improvement of parks most likely to serve the residents of the subdivision. The park most likely to serve a subdivision shall in no case be located more than 5 miles from the subdivision, taking into consideration factors such as the proximity of major barriers to accessibility including freeways, navigable streams and bodies of water. Community Enrichment Funds shall be used only for parkland acquisition, park development and park improvements including utility extensions required to serve recreational areas. The last appropriation of Community Enrichment Funds was approved by City Council on 7/29/2014. ALTERNATIVES: Do not collect fees in lieu of land or park development fees for the acquisition or improvement of parks. OTHER CONSIDERATIONS: none CONFORMITY TO CITY POLICY: City policy requires all funds drawn from the city treasury be appropriated by City Council before they can be expended. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Finance 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 $2,594,423.19 $2,594,423.19 Encumbered/Expended Amount (Oct2015) 109,226.19 109,226.19 This item 872,005.99 872,005.99 BALANCE $3,357,202.99 $3,357,202.99 Fund(s): The No. 4720 Community Enrichment Fund was established to record revenues and expenditures for park land acquisition, park development, and improvement of parks. Comments: Revenues deposited to this fund for park development are 1) fees in lieu of land, and, 2) park development fee. Funds are appropriated periodically. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Attachment — Schedule of Appropriations; Ordinance Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $872,005.99 in developer contributions and interest earnings in the 4720 Community Enrichment Fund for park improvements and other related projects. Be it Ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. The City Manager or designee is authorized to execute all documents necessary to accept and appropriate $872,005.99 in developer contributions and interest earnings in the 4720 Community Enrichment Fund for park improvements, and other related projects. 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 , 2016, 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 , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Org # Attachment City of Corpus Christi 4720 COMMUNITY ENRICHMENT FUND Include deposits received through 9/30/15 Description 21460 21300 21371 21357 21502 21507 21511 13436 21318 21319 21336 21365 21386 21401 21406 21416 21421 21423 21424 21440 21456 21460 21462 21511 21620 21627 21669 21672 21683 21684 21685 21686 21687 21688 21689 21690 21691 21692 21693 21694 21695 21696 21697 Developer Fee - interest Park trust -un restrict interest Gateway interest HEB Park pool & tennis interes Beautification prom. interest Ed exchg prg-Sister City int. Permanent art trust interest INTEREST Woodlawn Tyler Subdivision The Coves At Lago Vista Cole Park Barclay Grove Park Northwest Crossing, Unit 1 Laughlin Port Aransas Cliff 5 Overland Meadows Royal Creek Estates, Unit 1 Greenfields by the Bay Lift St Shoreline Oaks Subdivision Park memorials Manhattan Estates Development fees - Cm Enr Fd 5 King's Crossing Permanent Art 5 Rancho Vista Maples Hill Wood Oaks South Lake Estates Boulevard Acres King Estates Country Club Estates Grand Reserve Retta Place Gerlach Salida del Sol 5 Oliver's Estate Unit 5 5 Village at Timbergate 5 Summit Cove 5 Wedgewood Terrace Unit 3 5 River Ridge Unit 3 5 Nueces River Irrigation Park 5 Willowood Creek 5 George Estates CONTRIBUTIONS To Be Appropriated 75.23 125, 389.21 85.82 4.22 21.54 6.28 14.22 125,596.52 31,250.00 1,250.00 9,625.00 1,281.95 1,170.00 6,262.38 625.00 625.00 11,619.60 5,400.00 14, 000.02 8,808.51 4,085.00 67,500.00 222,238.33 20,000.00 1,132.56 25,840.00 4,830.00 7,590.00 12, 337.50 47,812.50 2,170.98 20,625.00 2,250.00 14, 610.38 150.00 12,250.00 13,152.55 101,250.00 7,526.88 6,453.64 7,470.51 18, 750.00 7,285.00 27,181.18 746,409.47 TOTAL INTEREST AND CONTRIBUTIONS 872,005.99 Designated Park Project Oso Bay Wetland Preserve Community Park Improvements Sister City Program Permanent Art Collection West Guth Park Oso Bay Wetland Preserve Oso Creek Cole Park improvements Bear Creek Hike & Bike West Guth Park West Guth Park Bear Creek Hike & Bike Oso Bay Wetland Preserve Parker Park (Flour Bluff) Bench & Tree Memorial Program Oso Bay Wetland Preserve Parks Master Plan Community Park Improvements Rancho Vista Park/Trail West Guth Park Oso Bay Wetland Preserve Oso Bay Wetland Preserve Oso Bay Wetland Preserve Rancho Vista Park/Trail Parker Park (Flour Bluff) Parker Park (Flour Bluff) Oso Bay Wetland Preserve Oso Bay Wetland Preserve Parker Park (Flour Bluff) Parker Park (Flour Bluff) West Guth Park West Guth Park West Guth Park Oso Bay Wetland Preserve AGENDA MEMORANDUM First Reading for the City Council Meeting of December 15, 2015 Second Reading for the City Council Meeting of January 12, 2016 DATE: November 23, 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 Traffic Signal and Street Lighting Improvements IDIQ Ordinance appropriating $400,725.04 from the Unreserved Fund Balance in No. 1041 Street Fund for the Traffic Signal and Street Lighting Improvements IDIQ project; changing the FY 2015-2016 Operating Budget adopted by Ordinance No. 030620 by increasing expenditures by $400,725.04; authorizing the City Manager, or Designee, to execute a construction contract with Siemens Industry, Inc. of Austin, Texas in the amount of $721,485.80 for the initial year with the option of four one-year extensions that may be administratively approved; and authorizing the City Manager to proceed with the design of IDIQ delivery orders for the base year by executing Amendment No. 1 to a Professional Service Agreement with Maldonado -Burkett Intelligent Transportation Systems, LLP in the amount of $32,211.73 for a restated fee of $71,725.04 for the Traffic Signal and Street Lighting Improvements IDIQ project. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract with the lowest responsible bidder, Siemens Industry, Inc., and a design amendment with MBITS for the Traffic Signal and Street Lighting Improvements IDIQ project. BACKGROUND AND FINDINGS — CONSTRUCTION CONTRACT: The traffic signals portion of this project was approved by City Council in a decision package in Fiscal 2015 for city-wide Traffic Signal Improvements. The street lighting portion of the project is a budgeted annual infrastructure maintenance expense in the General Fund for maintenance of certain highway lights on the TxDOT system in accordance with several Interlocal Agreements. This item provides for the award of the base year of the multi-year IDIQ construction contract with the option of four (4) one-year extensions. The award of the base year is in the amount of $721,485.80 with a potential total of $3,607,429.00 over the 5 -year program pending available funds. Option years will be administratively authorized by the City Manager or designee based on available funding. The project was initially advertised in August 2015 with no bids. A second advertisement received two bids in October. With the additional timeline for the rebid, the Fiscal 2015 Council -approved funds programmed for Year 1 of the multi-year program were transferred to the unreserved fund balance and must be re -appropriated for use in this contract. The work under this project will be identified and prioritized by the Street Department and Delivery Orders (DO's) prepared by the consultant engineer for the maintenance of signals and lighting across the City and for emergency repairs from accidents on an on-call basis. Approximately five (5) DOs are anticipated for the base year and subsequent years subject to availability of funding. On October 7, 2015, the City received proposals from two (2) bidders as follows: Contractor Base Bid Siemens Industry, Inc. Austin, Texas $721,485.80 Austin Traffic Signal Construction Company, Inc. Pflugerville, Texas $769,351.50 The City's engineer, Maldonado -Burkett Intelligent Transportation Systems, LLP (MBITS) evaluated the two (2) bids and determined that Siemens Industry, Inc. is a responsible bidder with the experience and resources to perform the work. BACKGROUND AND FINDINGS — DESIGN AMENDMENT: The contract amendment will provide engineering services to include the following scope: • Kick-off scoping meeting and project coordination. • Preparation of plans, specifications, estimates, and contracts documentation with review of contractor submittals. • Delivery Order (DO) preparation for construction/maintenance to include but not limited to foundations, signal poles, mast arms, signal heads, pedestrian poles, pedestrian heads, school zone flashers, conduits, conductors, controller cabinets, electrical services, illumination poles, etc. • Construction support services for responses to Request for Information (RFI's) and other technical support. ALTERNATIVES FOR CONSTRUCTION AND DESIGN AMENDMENT No.1: 1. Authorize execution of the construction contract and design amendment. 2. Do not authorize execution of the construction contract and design amendment. (Not Recommended) OTHER CONSIDERATIONS: Award of all DOs and start of any construction will be subject to the availability and certification of operational funds to cover Year -1 from the street fund balance. The immediate need for the citywide maintenance and repairs of existing signal and lighting locations, will be addressed by this year round project. Benefits to the traveling public include safety from the enhanced infrastructure. This project is Year 1 of a multi-year contract approved by Council as a Decision Package for both Fiscal 2015 (Year 1) and Fiscal 2016 (Year 2). Fiscal 2016 monies will be encumbered with the renewal on the contract. CONFORMITY TO CITY POLICY: Complies with statutes regarding construction procurement criteria. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $0.00 $700,725.04 $0.00 $700,725.04 Encumbered / Expended Amount $0.00 $0.00 $0.00 $0.00 This item $0.00 $753,697.53 $0.00 $753,697.53 Future Anticipated Expenditures This Project $0.00 $79,176.01 $0.00 $79,176.01 BALANCE $0.00 -$132,148.50 $0.00 -$132,148.50 Fund(s): Street Fund General Fund RECOMMENDATION: City staff recommends that the construction contract be awarded to Siemens Industry, Inc. of Austin, Texas in the amount of $721,485.80 for Traffic Signal and Street Lighting Improvements IDIQ for the total Base Bid and award of Amendment No. 1 with Maldonado Burkett Intelligent Transportation Systems, LLP for $32,211.73 for a restated fee of $71,725.04. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Page 1 of 2 ORDINANCE APPROPRIATING $400,725.04 FROM THE UNRESERVED FUND BALANCE IN NO. 1041 STREET FUND TO (FOR) THE TRAFFIC SIGNAL AND STREET LIGHTING IMPROVEMENTS IDIQ PROJECT; CHANGING THE FY 2015-2016 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 030620 BY INCREASING EXPENDITURES BY $400,725.04; AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A CONSTRUCTION CONTRACT WITH SIEMENS INDUSTRY, INC. OF AUSTIN, TEXAS IN THE AMOUNT OF $721,485.80 FOR INITIAL YEAR WITH THE OPTION OF FOUR ONE-YEAR EXTENSIONS THAT MAY BE ADMINISTRATIVELY APPROVED; AND AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE DESIGN OF IDIQ DELIVERY ORDERS FOR THE BASE YEAR BY EXECUTING AMENDMENT NO. 1 TO A PROFESSIONAL SERVICE AGREEMENT WITH MALDONADO- BURKETT INTELLIGENT TRANSPORTATION SYSTEMS, LLP IN THE AMOUNT OF $32,211.73 FOR A RESTATED FEE OF $71,725.04 FOR THE TRAFFIC SIGNAL AND STREET LIGHTING IMPROVEMENTS IDIQ PROJECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $400,725.04 from the Unreserved Fund Balance in No. 1041 Street Fund is appropriated for the Traffic Signal and Street Lighting Improvements IDIQ project. SECTION 2. The FY 2016 Operating Budget adopted by Ordinance No. 030620 is changed to increase expenditures in the amount of $400,725.04. SECTION 3. The City Manager or designee is authorized to execute a construction contract for the Traffic Signal and Street Lighting Improvements IDIQ project for the base bid in the amount of $721,485.80 with Siemens Industry, Inc. of Austin, Texas. SECTION 4. The City Manager or designee is authorized to execute Amendment No.1 to an A/E Agreement for the Traffic Signal and Street Lighting Improvements IDIQ project for the amount of $32,211.73 for a restated fee of $71,725.04 with Maldonado -Burkett Intelligent Transportation Systems, LLP of Austin, Texas. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary @BCL@A4054C90 Nelda Martinez Mayor Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED on this the day of , 2016. ATTEST: Rebecca Huerta City Secretary @BCL@A4054C90 Nelda Martinez Mayor PROJECT BUDGET TRAFFIC SIGNAL AND STREET LIGHTING IMPROVEMENTS IDIQ E15126 PROJECT FUNDS AVAILABLE: Street Lighting $ 300,000.00 Street Fund Balance 400,725.04 TOTAL PROJECT FUNDS AVAILABLE $ 700,725.04 FUNDS REQUIRED: Construction Fees: Construction (Siemens) 721,485.80 Construction Inspection (estimate) 3% 21,644.57 SUB -TOTAL REQUIRED FOR CONSTRUCTION 743,130.37 Design Fees: * Engineering (Maldonado -Burkett) Original 39,513.31 Engineering (Maldonado -Burkett) Amendment No. 1 32,211.73 SUB -TOTAL REQUIRED FOR DESIGN 71,725.04 Reimbursements: Contract Administration (Engineering/Finance/Capital Budget) (.75%) 5,255.44 Engineering Services (Project Mgt / Constr Mgt) (1.75%) 12,262.69 Misc. (Printing, Advertising, etc.) 500.00 SUB -TOTAL REQUIRED FOR REIMBURSEMENTS 18,018.13 TOTAL PROJECT EXPENDITURES 832,873.54 ESTIMATED PROJECT BUDGET BALANCE $ (132,148.50) * Original Contract approved Administratively on June 11, 2015 NOTE****Actual contract Delivery Order issurance and final construction contract value is subject to limits of funding. Citywide maintenance locations for signals and lighting improvements Traffic Signals and Street Lighting Improvements IDIQ ( Citywide) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and Maldonado -Burkett Intelligent Transportation Systems. LLP, a Texas corporation, 2205 Western Trails Boulevard, Suite B, Austin, Travis County, Texas 78745, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT Traffic Signal and Street Lighting Improvements Indefinite Delivery/Indefinite Quantity (IDIQ)(Proiect No. E15126) — The work involves the preparation of delivery orders (DO) for year 1 to include: controller cabinet preventive maintenance, battery backup preventive maintenance, controller cabinet replacements, replacement of malfunction management unit (MMU), Staples with Annapolis Signal Pole replacement, Doddridge with Santa Fe (Bore with Ground Box Replacement), Park Road 22 with County Park Access Road 4 Virnto Del Mar (Span Wire Signal Replacement) and other work to be determined. 2. SCOPE OF SERVICES The A/E hereby agrees to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the NE (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. NE services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. Contract for Professional Services Page 1 of 7 KIENGINEERING DATAEXCI1ANGE ANGIEMISTREET'E15126 TRAFFIC SIGNAL AND STREET LIGHTING IMPR IDIOIAMD 1 MBITSSAMD 1 MBIT.DOC The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. FEE The City will pay the A/E a fee as described in Exhibit "A" for providing services authorized, a total fee not to exceed $32,211.73 for a restated fee not to exceed $71,725.04. Monthly invoices will be submitted in accordance with Exhibit "B". 5. INDEMNITY A/E 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 A/E or its agent, A/E under contract or another entity over which A/E 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 A/E, the A/E 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 A/E shall reimburse the City's reasonable attorney's fees in proportion to the AIE's liability. A/E must advise City in writing within 24 hours of any claim or demand against City or A/E known to A/E related to or arising out of AIE's activities under this Agreement. 6. INSURANCE 6.1 A/E must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. A/E must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 A/E must furnish to the Director of Engineering Services with the signed agreement 2 copies of Certificates of Insurance (COI) 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. Contract for Professional Services Page 2 of 7 K\ENGINEERING DATAEXCHANGEIFWGIEM\STREETtE15126 TRAFFIC SIGNAL AND STREET LIGHTING IMPR IDIOIAMD 1 MBITSWND 1 MBIT.DOC 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 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim $2,000,000 Aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000 /$500,000 /$500,000 6.3 In the event of accidents of any kind related to this agreement, A/E must furnish the City with copies of all reports of any accidents within 10 days of the accident. 6.4 Applicable for paid employees, NE 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 A/E will be promptly met. An All States Endorsement shall be required if NE is not domiciled in the State of Texas. Contract for Professional Services Page 3 of 7 KIENGINEERING DATAEXCHANGEIANGIEMISTREETIE15126 TRAFFIC SIGNAL AND STREET LIGHTING IMPR IDIOIAMD 1 MBrrSIAMD 1 MBIT.DOC 6.5 A/E shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at A/E'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. A/E is required to provide City with renewal Certificates. 6.6 A/E 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. A/E 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 A/E 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; 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, NE shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend NE'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 A/E'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 A/E to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to A/E hereunder until A/E demonstrates compliance with the requirements hereof. 6.10 Nothing herein contained shall be construed as limiting in any way the extent to which A/E may be held responsible for payments of damages to persons or property Contract for Professional Services Page 4 of 7 KIENGINEERING DATAEXCHANGEIANGIEMISTREET1E15126 TRAFFIC SIGNAL AND STREET LIGHTING IMPR CDIQ1AMD 1 MBITSWMD 1 MBIT.DOC resulting from A/E's or its subcontractor's performance of the work covered under this agreement. 6.11 It is agreed that A/E'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 Contracts Less than $50,000 - Insurance not required; however, if contract is amended to exceed $50,000, the above insurance requirements must be met. 7. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the NE will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 8. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. 9. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the NE fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 10.OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However, the NE may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. Contract for Professional Services Page 5 of 7 KIENGINEERING DATAEXCHANGBANGIEMISTREEVE15126 TRAFFIC SIGNAL AND STREET LIGHTING IMPR IDIQ1AMD 1 MBITSIAMD 1 MBIT.DOC 11. DISCLOSURE OF INTEREST AIE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. 12. STANDARD OF CARE Services provided by NE 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. CONFLICT OF INTEREST AIE 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:I/www.cctexas.com/government/city-secretary/conflict- disclosure/index. 14. ENTIRE AGREEMENT AND CONTROLLING LAW This Agreement represents the entire and integrated Agreement between City and A/E 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 NE. 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. 15. CONFLICT RESOLUTION BETWEEN DOCUMENTS AIE hereby agrees and acknowledges if anything contained in the A/E-prepared Exhibit A, NE's Scope of Services, or contained in any other document prepared by A/E and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI MALDONADO-BURKETT INTELLIGENT TRANSPORTATION SYSTEMS, LLP 3 J. H. Edmonds, P.E. Date Ramon Mal+ona+• Jr., P.E. Date Director of Engineering Services Principal 2205 Western Trail Blvd., Suite B Austin, TX 78745 RECOMMENDED (512) 916-1386 Operating Department Date Contract for Professional Services Page 6 of 7 KKENG1NEERING DATAEXCHANGE ANGIEMISTREETIE15126 TRAFFIC SIGNAL AND STREET LIGHTING IMPR IDIQWMD 1 MBITSWMD 1 MBIT.DGC APPROVED AS TO LEGAL FORM Legal Department Date APPROVED Office of Management Date and Budget ATTEST Rebecca Huerta City Secretary Fund Name Accounting Unit Account No. Activity No. Account Category Amount Street Operating 1041-12310-053 530000 El 5126011041 EXP 30000 $24,158.80 Street Operating 1020-12460-053 530000 El5126011020EXP 30000 $8,052.93 Total $32,211.73 Contract for Professional Services Page 7 of 7 IUENGINEERING DATAEXCHANGE ANGIEMISTREET1E15126 TRAFFIC SIGNAL AND STREET LIGHTING IMPR IDIQIAMD 1 MBITSIAMD 1 MBIT.DOC MALDONADO-BURKETT INTELLIGENT TRANSPORTATION SYSTEMS, LLP September 22, 2015 Mr. Jeff Edmonds, P.E. Director Capital Programs 1201 Leopard Street Corpus Christi, TX 78401 Re: E15126 Traffic Signal and Street Lighting Improvements IDIQ- Amendment No. I Dear Mr. Edmonds: MBITS is proposing an Amendment to proceed with the design of the Traffic Signal and Street Lighting Improvements. Below is a summary along with fees associated with this project. E15126- Traffic Sinal and Street Liahtin2 Improvements IDIO- Amendment No.1 Original Contract amount: 539,513.31 Amendment No.1 amount: 532,211.73. Total amount to date for project No.E15126: 571,725.04 Contents This package will include signal knock downs, conduit, illumination facilities and other basic services for maintenance of signals and illumination in accordance to the city requirements for all delivery orders throughout the calendar year. Schedule: Scheduled to be completed within 10 days of notice to proceed. If you have any additional questions please let us know. Best regards, Ramon H. Maldonado Jr., P.E. CC: Jerry Shoemaker, P.E. Chris Hale, P.E. Raymond Chong, P.E. Jorge Salinas 2205 WESTERN TRAILS BLVD SUITE 13 AUSTIN, TEXAS 78745 • Office: 512 916-1386 • www.mbit1group.cam Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CI I Y PURCIIASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended. requires all persons or firms seeking to do business with the City torovide the fallowing 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: Maldonado -Burkett Intelligent Transpiration Systems, LLP P. O. BOX: N/A STREET ADDRESS: 2205 Western Trails Blvd., CITY: Austin ZIP: 78745 Suite B FIRM IS: I. Corporation 4. Association 8 2. Partnership 5. Other 8 3. Sole Owner 8 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 "fine.' Name Job Title and City Department (if known) ik4A 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 dIA 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 )A Committee Board, Commission or 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a si!..med writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that have not knowingly withheld disclosure of any information requested., and that supplemental statements will be promptly submitted to the City of Corpus Christi. Texas as changes occur. Certifying Person: Ramon H. Maldonado Jr., P.E. Title: Principal (Type ur Print) Signature of Certifying Person: DEFINITIONS Date: 3 /10 C 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 Traffic Signal and Street Lighting Improvements IDIQ Council Presentation December 15, 2015 Project Location �hrsti Engineering Citywide maintenance locations for signals and lighting improvements Project Scope �hrsti Engineering City-wide engineering and construction contracts for the maintenance and repair of Traffic Signals and Lighting with initial work to include: • Controller cabinet preventive maintenance • Battery backup preventive maintenance • Controller cabinet replacements • Replacement of malfunction management unit (MMU) • Staples at Annapolis Signal Pole replacement • Doddridge at Santa Fe (Bore with Ground Box Replacement) • Park Road 22 at Padre Balli County Park (Span Wire Signal Replacement) • Park Road 22 at County Park Access Road 4 Virnto Del Mar (Span Wire Signal Replacement) • Maintenance of certain TxDOT highway street lights per various Agreements • Other work as determined 3 Project Schedule �hrsti Engineering 2015 2016 Nov 1 Dec 1 Jan 1 Feb I Mar 1 Apr May 1 Jun Jul 1 Aug 1 Sep Eir Design/Construction 1. Project Estimate: 365 Calendar Days 12 Months AGENDA MEMORANDUM Future Item for the City Council Meeting of December 15, 2015 Action Item for the City Council Meeting of January 12, 2016 DATE: November 30, 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 Ocean Drive from Buford Street to Louisiana Avenue BOND 2012 Ordinance amending the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 by transferring $3,500,000 to the Ocean Drive from Buford to Louisiana Avenue project; increasing expenditures in the amount of $3,500,000; and authorizing the City Manager, or designee, to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $11,012,338.66 for the total base bid and to execute an agreement for construction material testing in the amount of $68,292.00 with Rock Engineering Testing Laboratory, Inc. for the Ocean Drive from Buford Street to Louisiana Avenue BOND 2012 street project. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract and a construction materials testing agreement for Ocean Drive Buford Street to Louisiana BOND 2012 project. BACKGROUND AND FINDINGS: This project was approved in the Bond 2012 Proposition 1 Street Project by the community in the general election held on November 6, 2012. Freese and Nichols, Inc. is the design engineer that was selected for this project under RFQ 2012-03. Brochure description: "Ocean Drive from Buford Street to Louisiana Avenue $5,500,000.00 — This project includes full depth repair and implements the Road Diet concept by narrowing the existing six lane roadway to a four roadway with divided median and bike lanes as prescribed by the Integrated Community Sustainability Plan (ICSP). Other street improvements include traffic signal improvements, curb and gutter, sidewalks, ADA curb ramps, lane striping and pavement markings, as well as side -slope stability repairs to the adjacent roadway shoulder." Project description: This project provides for the full -depth reconstruction that implements a road diet concept narrowing the existing 6 -lane roadway to a 4 -lane roadway with divided median and bike lanes as prescribed by the Integrated Community Sustainability Plan (ICSP). The project includes hot mix asphalt pavement, concrete curb and gutter, concrete header curb, concrete driveways, ADA -compliant sidewalks and pedestrian facilities, water distribution, wastewater collection, storm water drainage improvements, with pavement markings, signage, MIS and street lighting conduit, and coordination of franchise power and communication utility adjustments. This project also includes slope stability improvements along the Corpus Christi Bay bluff side that must be addressed to avoid potential movement and damage to new roadway and utilities. The storm water improvements include major box culverts, junction boxes and outfall improvements to the bay that are required as part of the Ayers and Morgan Street Bond Street improvements with additional outfall improvements to the bay. As part of the road diet, there are four (4) signalized intersections that require full reconstruction with new signals, poles, mast arms, traffic controls, conduits, with pedestrian features and sequencing. The City applied for and received state Highway Improvement Safety Program (HSIP) funding, however, TxDOT requires a separate project executed by TxDOT after completion of the City project. Coordination of two separate projects is not recommended as it creates significant traffic safety concerns and increased cost to implement temporary traffic controls and signals until the project is complete and the TxDOT project is started and complete. The additional cost is estimated to result in little or no overall savings with increased concerns for safety and longer construction impacts to the community. The HSIP grant funding was estimated at $900,000 with additional City (10%) cost share. On October 21, 2015, the City received proposals from two (2) bidders and the bidders are as follows: Contractor Base Bid Bay, Ltd. Corpus Christi, Texas $11,012,338.66 Haas -Anderson Construction, Ltd. Corpus Christi, Texas $12,297,368.10 ALTERNATIVES: 1. Authorize execution of a construction contract. 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: The proposed Bike Lanes on this corridor are consistent with the joint project lead by Metropolitan Planning Organization (MPO) to develop a single comprehensive Master Plan for Multi -Model Transportation that specifically addresses bike lane facilities throughout the City and neighboring communities. CONFORMITY TO CITY POLICY: Complies with statutory requirements for architectural and engineering contracts. Conforms to FY 2015- 2016 Street Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $10,410,232.53 $3,500,000.00 $13,910,232.53 Encumbered / Expended Amount 1,121,500.00 1,121,500.00 This item 11,012,338.66 11,012,338.66 Future Anticipated Expenditures This Project 1,707,958.27 1,707,958.27 BALANCE $9,288,732.53 -9,220,296.93 $68,435.60 Fund(s): ST 31 Comments: RECOMMENDATION: City staff and Freese and Nichols, Inc. recommend the construction contract award to Bay, Ltd. In the amount of $11,012,338.66 for Ocean Drive from Buford Street to Louisiana BOND 2012 project for the base bid with a separate contract award for a construction materials testing agreement with Rock Engineering Testing Laboratory, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation ORDINANCE AMENDING THE FY 2016 CAPITAL IMPROVEMENT BUDGET ADOPTED BY ORDINANCE NO. 030621 BY TRANSFERRING $3,500,000 TO THE OCEAN DRIVE FROM BUFORD TO LOUISIANA AVENUE PROJECT; INCREASING EXPENDITURES IN THE AMOUNT OF $3,500,000; AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A CONSTRUCTION CONTRACT WITH BAY, LTD. OF CORPUS CHRISTI, TEXAS IN THE AMOUNT OF $11,012,338.66 FOR THE TOTAL BASE BID AND TO EXECUTE AN AGREEMENT FOR CONSTRUCTION MATERIAL TESTING IN THE AMOUNT OF $68,292.00 WITH ROCK ENGINEERING TESTING LABORATORY, INC. FOR THE OCEAN DRIVE FROM BUFORD STREET TO LOUISIANA AVENUE BOND 2012 STREET PROJECT. 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 transfer $1,800,000 from project E12094 Tuloso Road from IH 37 to Leopard Street to the Ocean Drive from Buford Street to Louisiana Avenue Street Improvement Project (Bond 2012). SECTION 2. The FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 is amended to transfer $1,700,000 from project E12099 Kostoryz Road from Brawner Parkway to South Staples Street to the Ocean Drive from Buford Street to Louisiana Avenue Street Improvement Project (Bond 2012). SECTION 3. The FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 is amended to increase expenditures in the amount of $3,500,000 to the Ocean Drive from Buford Street to Louisiana Avenue Street Improvement Project (Bond 2012). SECTION 4. The City Manager or designee is authorized to execute a construction contract for the Ocean Drive from Buford Street to Louisiana Avenue Street Improvement Project (Bond 2012) for the Base Bid in the amount of $11,012,338.66 with Bay, Ltd. of Corpus Christi, Texas. SECTION 5. The City Manager or designee is authorized to execute a construction materials contract for the Ocean Drive from Buford Street to Louisiana Avenue Street Improvement Project (Bond 2012) in the amount of $68,292.00 with Rock Engineering Testing Laboratory, Inc. of Corpus Christi, Texas. 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 , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor PROJECT BUDGET Ocean Drive from Buford to Louisiana Bond 2012 PROJECT FUNDS AVAILABLE: Street CIP (Bond 2012) $ 5,500,000.00 Utility CIP 4,910,232.53 Water CIP 1,586,270.71 Wastewater CIP 660,366.76 Storm Water CIP 2,644,595.06 Gas CIP 19,000.00 Ordinance (Streets Bond 2012) 3,500,000.00 TOTAL PROJECT FUNDS AVAILABLE $ 13,910,232.53 FUNDS REQUIRED: Construction Fees: Construction (Haas Anderson) 11,012,338.66 Street 6,212,217.21 Utilities 4,800,121.45 Water 1,477,972.35 Wastewater 618,116.50 Storm Water 2,704,032.60 Contingency (10%) 1,101,233.87 Construction Inspection (2.25%) 312,980.23 Construction Materials Testing (Rock) 68,292.00 SUB -TOTAL REQUIRED FOR CONSTRUCTION 12,494,844.76 Design Fees: * Engineer (Freese Nichols) 995,116.00 Streets 621,057.55 Utilities 374,058.45 Water 62,485.74 Wastewater 63,341.71 Storm Water 243,095.20 Gas 5,135.80 Engineering (L. Gurley) 12,498.75 Engineering (R.H. Shackelford) 8,543.00 Corpus Christi Downtown Management District 40,000.00 Geotechnical Study and Testing (Rock) 24,500.00 SUB -TOTAL REQUIRED FOR DESIGN 1,080,657.75 Reimbursements: Contract Administration (Eng. Admin/Finance/Capital Budget) (0.65%) 90,416.51 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services) (1.25%) 173,877.91 Misc. (Printing, Advertising, etc.) 2,000.00 SUB -TOTAL REQUIRED FOR REIMBURSEMENTS 266,294.42 TOTAL PROJECT EXPENDITURES 13,841,796.93 ESTIMATED PROJECT BUDGET BALANCE $68,435.60 * Approved by City Council on January 29, 2013 by Motion 2013-16. Ocean Dr. Limits: Buford St. to Louisiana Ave. Ocean Drive Buford Street to Louisiana Avenue ( Bond 2012 ) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 Corpus Chr sti Engineering Ocean Drive from Buford Street to Louisiana Avenue BOND 2012 Council Presentation December 15, 2015 Project Location 4000 Corpus Chr sti Engineering Ocean Dr. Limits: Buford St. to Louisiana Ave_ Existing Layout �hrsti Engineering 5 SIDEWALK TRAVEL LANE TRAVEL LANE TRAVEL LANE TRAVEL LANE TRAVEL LAME TRAVEL LANE 7.4 SIDEWALK t t t Proposed Layout 0 �hrsti Engineering p 8 FOOT SIDEWALK ENKE TRAVEL LANE TRAVEL LANE 4 _ _ a TRAVEL LANE TRAVEL LANE BIKE 9 FOOT LANE LANE SIDEWALK 9 FOOT SIDEWALK Proposed Pavement Section Corpus Ch 4111150Corpus Engineering ONE COURSE SURFACE TREATMENT UNDERSEAL TENSAR TX -5 GEORGRID 2" HMAC (TYPE D) 3.5" HMAC (TYPE B) 9" CRUSHED LIMESTONE FLEXIBLE BASE 12" COMPACTED SUB -GRADE TACK COAT PRIME COAT (MC -30) Project Scope �hrsti Engineering Project includes: • Full -depth construction of roadway and road diet from 6 lanes to 4 lane with a divided median • Proposed improvements include hot mix asphalt pavement • ADA complaint curb -ramps, sidewalks and pavement markings • Bike lanes as prescribed by the Integrated Community Sustainability Plan (ICSP) • Utilities improvements for wastewater, water, storm water and gas lines • Traffic signalization, pavement markings, signage and traffic control sequencing 6 Design Project Schedule �hrsti Engineering 2013 2014 2015 2016 2017 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 1 1 Q2 Q3 Q4 I Q1 Bid 2 Q3 Q4 1 I Q2 Construction Project Estimate: 540 Calendar Days 18 Months AGENDA MEMORANDUM Future Item for the City Council Meeting of December 15, 2015 Action Item for the City Council Meeting of January 12, 2016 DATE: TO: Ronald L. Olson, City Manager November 2, 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 City -Wide Collection System Pipebursting Indefinite Delivery/Indefinite Quantity (IDIQ) CAPTION: Motion authorizing the City Manager or designee to execute a construction contract with PM Construction & Rehab, LLC of Pasadena, Texas in the amount of $3,750,000 for the City -Wide Collection System Pipebursting Indefinite Delivery/Indefinite Quantity for the total Base Bid with the option to extend the contract up to four (4) possible one-year renewals. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract for the City -Wide Collection System Pipebursting Indefinite Delivery/Indefinite Quantity for the total Base Bid. BACKGROUND AND FINDINGS: This is part of the City's ongoing program to re -capitalize the aging sanitary sewer collection system and to eliminate sanitary sewer overflows and infiltration. This project will replace existing sanitary sewer lines 24 -inch and under throughout the City by pipe bursting under a new multi-year indefinite delivery/indefinite quantity (ID/IQ) construction contract. This contract complements the City's ongoing City Wide Collection System Replacement and Rehabilitation ID/IQ program. This separate pipebursting contract allows for the most cost effective unit pricing. Pipebursting is a trenchless method of replacing buried pipelines without the need for a traditional construction trench. This method is typically used when adequate working room is not available for conventional construction methods and the impacts to the surrounding area and overall cost warrant alternative construction methods. On October 14, 2015, the City received proposals from three (3) bidders and the respective bids were as follows: CONTRACTOR TOTAL BASE BID PM Construction & Rehab, LLC Pasadena, Texas $13,863,200.00 T Construction, LLC Houston, Texas $14,374,990.00 National Power Rodding Corp Austin, Texas $15,273,722.50 Note: The unit quantities outlined in the bid documents were used for evaluation purposes only to represent possible quantities over a 5 year contract duration. The ID/IQ contract documents were prepared as a one-year $3,750,000 base construction contract with the option to extend up to four (4) possible one-year renewals. This equates to a total five (5) -year program of $18,750,000 dependent on funding availability. Subsequent additional option years will be administratively authorized by the City Manager or designee based on available funding and satisfaction with the contractor. Each contractor submitted unit prices for unique construction activities to use in delivery orders to allow the most cost effective repairs. The City's consultant, LNV, Inc. analyzed the three proposals. The lowest responsible bidder, based on the quantities provided for evaluation purposes, is PM Construction & Rehab, LLC of Pasadena, Texas (PM Construction). Based on a review of PM Construction's experience and resources from the information they submitted in accordance with the contract documents, PM Construction is qualified to provide the construction services for the program. An award in the amount of $3,750,000 is based on available project funds. All work will be executed with multiple indefinite quantity delivery orders in accordance with plans, specifications, and contract documents prepared by the Engineer. ALTERNATIVES: 1. Authorize the execution of the construction contract. 2. Do not authorize the execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: This project is part of the Sanitary Sewer Overflow (SSO) program. 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 $4,400,000.00 $4,400,000.00 Encumbered / Expended Amount $46,300.00 $46,300.00 This Item $3,750,000.00 $3,750,000.00 Future Anticipated Expenditures This Project $588,000.00 $588,000.00 BALANCE $15,700.00 $15,700.00 Fund(s): Wastewater CIP #2 Comments: This project requires approximately 365 calendar days with anticipated completion in December 2016. The construction contract will result in the expenditure of an amount not to exceed $3,750,000 for this fiscal year. RECOMMENDATION: City Staff recommends approval of the construction contract with PM Construction & Rehab, LLC of Pasadena, Texas in the amount of $3,750,000 for the City -Wide Collection System Pipebursting Indefinite Delivery/Indefinite Quantity for the total Base Bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET City -Wide Collection System Pipebursting Indefinite Delivery/Indefinite Quantity (IDIQ) FUNDS AVAILABLE: Wastewater CIP $4,400,000 FUNDS REQUIRED: Construction (PM Construction & Rehab, LLC) THIS ITEM 3,750,000 Contingency (10%) 375,000 Engineer Fees: Engineer (LNV) 46,300 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 65,000 Engineering Services (Project Mgmt/Constr Mgmt) 130,000 Miscellaneous 18,000 TOTAL 4,384,300 ESTIMATED PROJECT BUDGET BALANCE $15,700 Citywide Collection System Pipe Bursting ID/IQ Citywide Collection System Pipe Bursting ID/IQ CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 Carpus Chr sti Engineering City Wide Collection System Pipebursting Indefinite Delivery/Indefinite Quantity (ID/IQ) Council Presentation December 15, 2015 Project Location Citywide Collection System Pipe Bursting ID/IQ Corpus Chr'sti Engineering 2 Project Scope Corpus Chr'sti Engineering This project is part of the City's ongoing Program to re -capitalize the aging sanitary sewer collection system and to eliminate overflows and infiltration. Major activities include: • Rehabilitation and/or replacement of gravity collection lines by pipe bursting lines (6" to 24"diameter) • Control of wastewater flows (by- passing) • Cleaning and televised inspection of conduits • Temporary traffic control measures Pipebursting Example Pulling Device Crigiortal Pipe Pipe Fragments A bursting head is pulled through the existing pipe effectively breaking the old pipe into pieces and expanding the cavity allowing the new pipe to be simultaneously pulled into place behind the bursting head. Bid Summary Corpus Chr sti Engineering Contractor Base Bid PM Construction & Rehab, LLC $13,863,200.00 T Construction, LLC $14,374,990.00 National Power Rodding Corp. $15,273,722.50 Note: The unit quantities outlined in the bid documents were for evaluation purposes only to represent possible quantities over a five-year contract duration equating to a $18,750,000 total budget. The ID/IQ contract documents were prepared as a one-year $3,750,000 base construction contract with the option to extend up to four (4) possible one-year renewals. Subsequent additional option years will be administratively authorized by the City Manager or designee based on available funding. Project Schedule Corpus Chr sti Engineering 2015 2016 c 3 5 A DESIGN 8 BID and AWARD AL2 c 3 5 A 8 CONSTRUCTION and CLOSE OUT Project Estimate: 365 Calendar Days 12 Months Estimated Completion December 2016 This project is a multi-year Indefinite Delivery/Indefinite Quantity (IDIQ) construction contract with a one-year (12 calendar months) base contract and four optional one-year renewal options. AGENDA MEMORANDUM Future Item for the City Council Meeting of December 15, 2015 Action Item for the City Council Meeting of January 12, 2016 DATE: TO: Ronald L. Olson, City Manager November 19, 2015 THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Jeffrey H. Edmonds, P.E., Director of Engineering Services JeffreyE@cctexas.com (361) 826-3851 Enqineerinq Contract Mary Rhodes Pipeline Phase 2 CAPTION: Motion authorizing the City Manager or designee to extend construction management services by executing Amendment No. 14 to the professional services contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $513,767 for a total restated fee not to exceed $15,949,042 for Mary Rhodes Pipeline Phase 2. PURPOSE: The purpose of this agenda item is to obtain authority to execute a contract amendment for Mary Rhodes Pipeline Phase 2. BACKGROUND AND FINDINGS: Freese & Nichols Inc. was awarded the design and overall construction management contracts in February 2010 and March 2014. The Mary Rhodes Phase 2 project was developed and awarded in two construction contracts as indicated below. Contractor Description Award Amount Construction Dates Oscar Renda Contracting Pump Stations & Sedimentation Basin $29 167 288 Start: April 2014 Finish: June 2015 Garney Companies Pipeline Sections A, B & C $84,121,405 Start: April 2014 Finish: August 2015 The Pipeline Sections A, B, and C contract was substantially complete in July 2015. The Pump Station & Sedimentation anticipated completion is March 2016. The completion delays are due to adverse weather, unforeseen conditions and contractor delays. The weather accounts for several weeks. The unforeseen conditions are related to construction material shortages, property owner easements conditional requirements, and differing site conditions. The remaining delays are cause by the contractor. As a result of these factors the following change orders were processed: Oscar Renda Contracting — Pump Stations & Sedimentation Basin ($29,167,288) Change Order Description Amount Percentage No.1 Additional work of barbed wire fence for Miller property $86,083.41 0.33% Design modification for adding 20" extension of slab section in 480V VFD Pump station site power realignment No.2 Sump underdrains with power for manhole #1 and manhole #2 in sedimentation basins $330,019.24 1.13% Add monitoring facilities at river pump station Standby emergency generators at the river pump station and booster pump station Total Change Orders Total Change Orders $426,102.65 1.46% Garney Companies — Pipeline Sections A, B & C ($84,121,405) Change Order Description Amount Percentage No.1 Additional fence upgrade work for Miller property $99,923.14 0.19% Re -mobilization due to LCRA permit issue Pipeline grade adjustment due to unknown gas line Additional work to deal with unknown ground grade conflict No.2 Boring and casing six additional tunnels in Jackson County roads $460,933.39 0.55% Total Change Orders $560,856.53 0.74% The engineering and construction management contracts were amended as follows: Freese & Nichols Incorporated —Overall Construction Management Services Contract Description Amount Original and Amendments 1 - 13 Overall design, construction management, testing and engineering services for Pump Station/Sedimentation Basin and Pipeline Sections A, B and C. $15,435,275 On-site construction inspection Pump Station and Sedimentation Basin and Pipeline Section C. No.14 (Proposed) Extended construction management, testing and engineering services for Pump Station/Sedimentation Basin and Pipeline Sections A, B and C. $513,767 On-site representation providing continuous monitoring of all construction activities $49,742 Total $15,949,042 This contract amendment to FNI provides for extended construction management services for the MRPP2 project from August 2015 to March 2016. The scope of this contract amendment includes extended eight-month engineering services, construction observation services and additional construction materials testing services. AGCM, Inc. was awarded a separate construction observation contract for Pipeline Sections A and B in March 2014. That contract is now complete. The following table presents the AGCM contract summary. AGICM — Construction Observation Services (Pipeline Sections A & B) Contract Description Amount Original Construction observation services Pipeline Sections A and B. $1,679,942 No.1 Clarification that AGCM is not responsible for the safety of construction jobsite. $0 No.2 Added additional inspectors to recover construction schedule from January to March, 2015. $49,742 No.3 Added additional inspectors to recover construction schedule in April 2015. $44,036 No.4 Added additional inspection hours from May 2015 to project completion. $25,000 Total $1,798,720 ALTERNATIVES: 1. Authorize the execution of the professional services contract. 2. Do not authorize the execution of the professional services contract. (Not Recommended) OTHER CONSIDERATIONS: The construction contracts provide for liquidated damages ($3,500/day) (LDs). At project closeout, the excusable and non -excusable delays will be evaluated to determine assessment of LDs. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy and policy on procuring Professional Services. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $150,835,700.00 16,570,500.00 $167,406,200.00 Encumbered / Expended Amount $150,835,700.00 $150,835,700.00 This Item $513,767.00 $513,767.00 Future Anticipated Expenditures This Project $3,071,223.00 $3,071,223.00 BALANCE $0.00 $12,985,510.00 $12,985,510.00 Fund(s): Water Supply CIP #1 RECOMMENDATION: City Staff recommends approval of the extension of construction management services by executing Amendment No. 14 to the professional services contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $513,767 for a total restated fee not to exceed $15,949,042 for Mary Rhodes Pipeline Phase 2. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET ESTIMATE Mary Rhodes Pipeline Phase 2 FUND SOURCE: Texas Water Development Board Loan Water Revenue Bonds PROJECT TOTAL FUNDS REQUIRED: 100% Construction for Pipeline Sections A, B, and C (Garney Companies, Inc.) 100% Construction for Pump Stations/Sedimentation Basin (Oscar Renda Contracting) Construction Contingency (5%) Pump Stations Pumps and Motors (Smith Pump Company, Inc.)(5% remaining cost)* Engineer Design (Freese and Nichols, Inc.)** Legal Services (Bruce Hawn, Welder Leshin, LLP)*** Land Acquisition AEP Transmission Line Relocation**** Construction Management/Observation Services (Freese and Nichols, Inc.) Construction Observation Services (AGCM, Inc.) Reimbursements: Contract Administration (Contract Preparation/Award/Admin) Engineering Services (Project Mgt/Constr Mgt) Misc. (Printing, Advertising, etc.) TOTAL ESTIMATED PROJECT BUDGET BALANCE *Purchase approved by City Counicl on December 10, 2013 by Motion No M213-179 **Original design contract awarded October 28, 2003 by Motion No. M2003-394 **Amendment No. 1 awarded October 19, 2004 by Motion No. M2004-387 **Amendment No. 2 awarded December 18, 2007 by Motion No. M2007-334 **Amendment No. 4 awarded March 9, 2010 by Motion No. M2010-051 **Amendment No. 9 awarded July 30, 2013 by Motion No. M2013-125 ***Legal Services Agreement awarded July 12, 2011 by Motion No. M2011-164 ****Agreement awarded December 17, 2013 by Motion No. M2103-195 $7,964,100 $159,442,100 $167,406,200 $84,121,405 $29,167,288 $5,664,435 $227,722 $11,538,490 $812,500 $9,860,500 $1,500,000 $4,410,552 $1,679,942 $1,132,886 $3,965,104 $339,866 $154,420,690 $12,985,510 Pump Stations and Sedimentation Basin Mary Rhodes Pipeline Phase 2 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 CITY OF CORPUS CHRISTI AMENDMENT NO. 14 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("City") and Freese and Nichols, Inc. ("Consultant"), agree to the following amendments to the Contract for Professional Services for Mary Rhodes Pipeline Phase 2 (Project No. E10008): Original Agreement October 28, 2003 Motion No. M2003-394 $116,100.00 Amendment No. 1 October 19, 2004 Motion No. M2004-387 $285,490.00 Amendment No. 2 December 18, 2007 Motion No. M2007-334 $911,997.00 Amendment No. 3 March 11, 2009 Administrative Approval $0.00 Amendment No. 4 March 9, 2010 Motion No. M2010-051 $9,676,590.00 Amendment No. 5 November 30, 2011 Administrative Approval $0.00 Amendment No. 6 January 14, 2012 Administrative Approval $49,940.00 Amendment No. 7 April 24, 2013 Administrative Approval $49,822.00 Amendment No. 8 May 29, 2013 Administrative Approval $49,900.00 Amendment No. 9 Juiy 30, 2013 Motion No. 2013-125 $195,664.00 Amendment No. 10 February 15, 2014 Motion No. 2014-027 $3,965,785.00 Amendment No. 11 July 3, 2014 Administrative Approval $49,000.00 Amendment No. 12 August 15, 2014 Administrative Approval $48,500.00 Amendment No. 13 March 12, 2015 Administrative Approval $36,487.00 In the Original Contract, Exhibit "A", Section I. Scope of Services shall be amended as set forth in the attached Amendment No.14, Exhibit "A". In the Original Contract, the Fees Section shall be amended based on the modified scope of services in the attached Amendment No. 14, Exhibit "A" for a fee not to exceed $513,767, fora total restated fee not to exceed $15,949,042. All other terms and conditions of the October 28, 2003 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 FEESE D NICHOLS, INC. J.H. Edmonds, P.E. Date R n Guz an, PE. Director of Engineering Services Principal 800 North Shoreline Blvd., Suite 1600 N Corpus Christi, TX 78401 RECOMMENDED (361) 561-6500 Office (361) 561-6501 Fax 111 1 Date Operating Department Date K.IENGINEERING DATAEXCHANGELIENNIFERIWATER\E10008 MARY RHODES PIPELINE. PHASE 2\FREESE AND NICHOLS, INCWMENDMENT NO 141CONTRACTICONTRACT DOCREV 1011115 APPROVED AS TO LEGAL FORM Assistant City Attorney Date APPROVED Office of Management Date and Budget ATTEST City Secretary Date Project No: E10008 Accounting Unit: 4095-041 Account: 550950 Activity: El0008014095 EXP Account Category: 50950 Fund Name: Water 2014 MRP2 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E10008 MARY RHODES PIPELINE, PHASE 2\FREESE AND NICHOLS, INC\AMENDMENT NO. 14\CONTRACT\CONTRACT.DOCREV. 10/1/15 Innovative approaches Practical results Outstanding service 800 N. Shoreline Blvd., Suite 1600N • Corpus Christi, Texas 78401 • 361-561-6500 • fax 361-561-6501 • www.freese.com Ms. Valerie Gray, P.E. Director of Public Works City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78469 Re: Mary Rhodes Pipeline, Phase 2 Construction Management Contract Amendment Dear Ms. Gray: Freese and Nichols, Inc. is pleased to submit our contract amendment to provide extended Construction Management Services for the Mary Rhodes Pipeline, Phase 2 project. The original project duration was scheduled to have us completed and off-site by the end of July 2015. The Pump Station Contractor's schedule has slipped and currently shows final completion the second week of March 2016. This contract amendment is to provide Construction Management Services for the extended schedule including project close out from August 2015 to March 9, 2016. Freese and Nichols, Inc. proposes to provide the following services: Construction Management/Inspection Services Item 1: Description Manhours Activity River Pump Station, Booster Pump Station and Sediment Basin plus Pipeline Sections A, B, and C/Ground Storage Tank/Lake Texana Tie-in Piping 1040 M/H Total Proposed Effort Construction Management/Engineering Support - Planned contractor work efforts for these items will extend an additional 8 months Item 2: Description. Manhours Activity On-site representation providing continuous monitoring of all construction activities. 3960 M/H Total Proposed Effort Planned contractor work efforts for these items will extend an additional 8 months (1 FNI man working an average of 5 days per week/10 hours per day plus 1 FNI man working an average of 6 days per week/10 hours per day plus the same man working each Sunday for 5 hours per day). Proposed cost for Items 1 and 2 is $444,767.00. Special Services: Construction Materials Quality Assurance Testing — Local Corpus Christi firm Rock Engineering and Testing planned contractor work efforts for the items will extend an additional 8 months (soil density, AMEND. NO. 14 EXHIBIT "A" Pa • e 1 of 2 concrete cylinders, pipe joint welding, pipe coating and pipe corrosion protection). Proposed cost for this activity is $69,000. Expenses: o Fee includes project related sub -contract expenses for Subconsultant Services associated with the CM Services listed above. o CM Services listed above. CM Services expenses include lodging and travel costs; communication costs (cell phones, delivery charges, postage, etc.); and other miscellaneous direct costs required to provide the listed CM Services. Fee: Freese and Nichols, Inc. proposed to provide the aforementioned services for a lump sum fee of $513,767.00. We appreciate the opportunity to assist you with this matter. Please feel free to contact me at 361.561.6500 with any questions that you may have on this subject matter. Regards, Ron Guzman, P!E. Principal/Vice President Enclosures AMEND. NO. 14 EXHIBIT "A" Page 2 of 2 City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY C1TY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City torovide the following information. Every question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Freese and Nichols, Inc. P. O. BOX: STREET ADDRESS: 800 N. Shoreline, Suite 1600N CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation 4. Association 2. Partnership El 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 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" con tituting 3% or more of the ownership in the above named "firm." Name 4.4es>Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Ron Guzman, P. E. Title: Principal (Type or Print) Signature of Certifying Person: Date: [ .(0 . 1 DEFINITIONS a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. -Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Carpus Chr sti Engineering Mary Rhodes Pipeline Phase 2 Council Presentation December 15, 2015 Location Map Corpus Chr sti Engineering rkffa m 10 ay city e less I g ,cor • ug*Christi 2 Location Map Corpus Chr sti Engineering Pump Stations and Sedimentation Basin Oscar Renda Contracting Pipeline Section A Garney Construction Pipeline Section C & Ground Storage Tank Garney Construction Pipeline Section B Garney Construction 4 i Project Status 3 Cv -us Cl!; Engineering Contract 'Contractor Contracted Contracted Start Date Completion Date Current Status Pump Station / Sedimentation Basin Pipeline Section A Pipeline Section B Pipeline Section C Oscar Renda Contracting Garney Companies, Inc. 23 -Apr -14 17 -Apr -14 6 -Aug -15 16 -Jun -15 Anticipated completion March 2016 Substantially Completed in July 2015 Construction was delayed due to: ✓Weather delay ✓Unforeseen site conditions (additional private property requirements, underground conditions) ✓Contractor delays (labor, equipment, materials) Project Scope Corpus Chr sti Engineering Extended construction management services with Freese & Nichols Inc. from August 2015 to March 2016 that includes: ✓ On-going construction management for Pump Station/Sedimentation Basin ✓ Close out support for Pipeline Sections A, B and C ✓ Continuous monitoring of all construction activities ✓ Continued construction materials testing Note: The construction contracts provide for Liquidated Damages ($35,000/day). That will be evaluated against excusable and non - excusable (Contractor) delays as the project continues. Project Schedule Corpus Chr sti Engineering Aug Sep Oct Nov Dec Jan Feb Mar 1111-. Construction Management Services Projected Schedule reflects City Council award in December 2015 with anticipated completion by March 2016. AGENDA MEMORANDUM Future Item for the City Council Meeting of December 15, 2015 Action Item for the City Council Meeting of January 12, 2016 DATE: November 30, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: Engineering Design Amendment No. 1 Rodd Field Road Expansion BOND 2014 Proposition 2 Motion authorizing the City Manager, or designee, to proceed with design phase work by executing Amendment No. 1 to a contract for professional services with LJA Engineering, Inc. of Corpus Christi, Texas in the amount of $1,128,307.78 for a restated fee of $1,178,207.78 for the Rodd Field Road Expansion from Saratoga Boulevard to Yorktown Boulevard. (Bond 2014, Proposition 2) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute Amendment No. 1 for the Rodd Field Road Expansion project to begin design on a four lane roadway with improved intersection at Yorktown Boulevard. BACKGROUND AND FINDINGS: This project was approved through Bond 2014, Proposition No. 2 Street Issue by the community in the general election held on November 4, 2014. Brochure description: "Rodd Field Road Expansion (Saratoga to Yorktown) $9,600,000.00 — This project includes full -depth repair and capacity expansion of the existing two lane roadway (C-1 minor collector). This road is designated as an A-3 Arterial on the Urban Transportation Plan. Consideration will be given to increase the capacity of the current roadway and will assess the need to either a five lane roadway (four travel lanes and continuous center left turn lane) to conform to the A-1 Arterial designation of the current Urban Transportation Master Plan or a C-3 Collector (undivided four lane road with two travel lanes in each direction). Improvements will include curb and gutter, sidewalks, ADA curb ramps, and pavement markings. Future bikeway requirements will require evaluation at the time of roadway design and shall conform to the adopted Mobility CC Plan." Project Description: This project provides for the engineering & design for the full depth reconstruction and widening of the existing 2 -lane roadway to 4 -lanes with access controlled median from Saratoga Boulevard to Yorktown Boulevard. The work includes new curb and gutter, sidewalks, ADA curb ramps, pavement markings, traffic control plans and improved traffic signal at Airline Road. The project also provides new 10 -foot multi -use sidewalks for pedestrian and bicycles as proposed by the new Metropolitan Planning Organization Bicycle Master Plan. Utility improvements include storm water system, water, wastewater, and coordination for private utility adjustments, as required. In addition, staff recommends reconfiguration and full reconstruction of the existing triangular intersection at Rodd Field and Yorktown. This includes the reconstruction of approximately 1,600 LF of Yorktown Boulevard and a new signalized intersection. The construction of this intersection and Yorktown Blvd reconstruction with new traffic signal is not included in the cost of this project and will require additional funding if approved. Remaining funds from previous bond elections have been prioritized to Park Road 22 Bridge and are not available for this improvement. If directed to continue this work, future Certificates of Obligation will need to be issued. It is estimated that an additional $3.56 million will be required for this element of work. Design Contact: LJA Engineering, Inc. was selected for this project under RFQ 2014-08. An initial small A/E contract in the amount of $49,900 was previously authorized to complete conceptual design better defining the scope, cost and schedule for the project and preparation of a preliminary Engineering Letter Report (ELR). Tasks included Identifying Right Of Way (ROW), existing utility locations for upgrades, utility coordination, initial drainage areas served, and permitting. The preliminary ELR provided for a concise presentation of pertinent factors, such as, sketches, limits, concepts, cross section, preliminary layout, alignment, ROW requirements, and identification of utilities. Work authorized under Amendment No. 1 will include: • Initial tasks such as project kick-off meeting, geotechnical investigation, prepare conceptual life- cycle cost estimate with recommended pavement sections, hydraulic analysis for storm water design, public outreach, traffic impacts, stakeholder coordination, and refined ELR. • Design tasks will provide completed ELR, project plans, specifications, and cost estimate (within prescribed budget). Additional work will include acquisition of four rights of way parcels. • The Bid phase follows and provides Authorization to Advertise (ATA), pre-bid conference, bid opening, and a recommendation letter for award. • Construction administration provides for pre -construction meeting, review contractor submittals, materials testing results analysis, as-builts, and any requests for clarification with design plans and specifications. ALTERNATIVES: 1. Authorize execution of Amendment No. 1 as presented. 2. Authorize execution of Amendment No 1 and develop a phasing plan for construction of the intersection. OTHER CONSIDERATIONS: The requested additional intersection work will facilitate the anticipated future growth in the area. In addition to the new elementary school on Rodd Field Road, other planned projects include a future Del Mar South campus, proposed new shopping center and three new multi -residential housing units. CONFORMITY TO CITY POLICY: Complies with statutory requirements for architectural and engineering contracts. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $9,600,000.00 $437,600.00 $3,062,400.00 $13,100,000.00 Encumbered / Expended Amount 53,900.00 53,900.00 This item 0.00 $1,128,307.78 $0.00 $1,128,307.78 Future Anticipated Expenditures This Project 0.00 8,566,100.00 3,062,400.00 11,628,500.00 BALANCE 9,546,100.00 -9,256,807.78 0.00 289,292.22 Fund(s): ST 21 Comments: If directed to continue with the construction of the intersection in addition to the approved Rodd Field Road street project, future Certificates of Obligation will need to be issued for the intersection. It is estimated that an additional $3.56 million will be required for this element of work. RECOMMENDATION: City staff recommends execution of Amendment No. 1 with LJA Engineering, Inc. for $1,128,307.78 for the Rodd Field Road Expansion Project including the new intersection and improvements at Rodd Road and Yorktown Boulevard. (BOND 2014, Proposition 2) LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET ESTIMATE Rodd Field Road Expansion with Intersection Improvements E15112 BOND 2014 PROJECT FUNDS AVAILABLE: Bond 2014 Proposition 2 $ 9,600,000.00 Utilities 3,500,000.00 Water Capital Improvement Program 875,000.00 Storm Water Capital Improvement Program 875,000.00 Wastewater Capital Improvement Program 875,000.00 Gas Capital Improvement Program 875,000.00 TOTAL 13,100,000.00 FUNDS REQUIRED: * Construction (preliminary estimate - Approved project only) 10,000,000.00 Contingency (10%) 1,000,000.00 Construction Inspection (estimate) 2% 262,000.00 Construction Materials Testing (estimate) 1.25% 163,750.00 Design Fees: Engineering (LJA Engineering) 1,178,207.78 ** Original Contract (LJA Engineering) 49,900.00 Engineering (LJA Engineering) Amendment No. 1 1,128,307.78 Geotechnical Study (Rock) 38,000.00 Reimbursements: Total Reimbursements 168,750.00 Contract Administration (Engineering/Finance/Capital Budget) .05% 65,500.00 Engineering Services (Project Mgt / Constr Mgt) .0.75% 98,250.00 Misc. (Printing, Advertising, etc.) 5,000.00 TOTAL 12,810,707.78 ESTIMATED PROJECT BUDGET BALANCE $ 289,292.22 * If the intersection is added to the project, approximately $3.56M in future Certificates of Obligation will be required to complete the project. ** Original contract issued administratively on June 11, 2015. RODD FIELD ROAD EXPANSION CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 P AMENDMENT NO. 1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES • The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and LJA Engineering, Inc., a Texas corporation, 820 Buffalo Street, Corpus Christi, Nueces County, Texas 78401, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT Rodd Field Road Expansion (Proiect No. E15112) — Project includes Preliminary, Design and Bid Phase services and associated Additional Services, as described herein, for the reconstruction and expansion of Rodd Field Road from Saratoga Boulevard to Yorktown Boulevard and of Yorktown Boulevard from Road A (Bay Drive) to Geiger Drive, including associated utility improvements. 2. SCOPE OF SERVICES The A/E hereby agrees to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, NE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Direbtor of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Contract for Professional Services Page 1 of 7 K:\ENGINEERING DATAEXCHANGEIANGIEM\STREET\E15112 ROOD FIELD ROAD EXPANSIONVIMD 1 LJA12015-1020 OLD CONTRACT PROFESSIONAL SERVICES - MODIFIED.DOC A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. FEE The City will pay the A/E a fee as described in Exhibit "A" for providing services authorized, a total fee not to exceed $1,128,307.78, for a restated fee not to exceed $1,178,207.78. Monthly invoices will be submitted in accordance with Exhibit "B". 5. INDEMNITY NE 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 A/E or its agent, A/E under contract or another entity over which AIE 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 AIE, the A/E 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 A/E shall reimburse the City's reasonable attorney's fees in proportion to the A/E's liability. A/E must advise City in writing within 24 hours of any claim or demand against City or A/E known to A/E related to or arising out of A/E's activities under this Agreement. 6. INSURANCE 6.1 A/E must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. NE must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 A/E must furnish to the Director of Engineering Services with the signed agreement 2 copies of Certificates of Insurance (COI) 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. Contract for Professional Services Page 2 of 7 K1ENGINEERING DATAEXCHANGEWNGIEMISTREE1 E15112 RODD FIELD ROAD EXPANSIONIAMD 1 LJA12015-1020 OLD CONTRACT PROFESSIONAL SERVICES - MODIFIED.DOC 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 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim $2,000,000 Aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000 /$500,000 /$500,000 6.3 In the event of accidents of any kind related to this agreement, A/E must furnish the City with copies of all reports of any accidents within 10 days of the accident. 6.4 Applicable for paid employees, A/E 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 A/E will be promptly met. An All States Endorsement shall be required if A/E is not domiciled in the State of Texas. Contract for Professional Services Page 3 of 7 K:IENGINEERING DATAEXCHANGEIANGIEMISTREET1E15112 RODD FIELD ROAD EXPANSIONWMD 1 LJA12015-1020 OLD CONTRACT PROFESSIONAL SERVICES - MODIFIED.DOC 6.5 NE shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at A/E'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. A/E is required to provide City with renewal Certificates. 6.6 A/E 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. A/E 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 NE 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; 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, A/E shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend A/E'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 A/E'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 NE to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to A/E hereunder until A/E demonstrates compliance with the requirements hereof. 6.10 Nothing herein contained shall be construed as limiting in any way the extent to Contract for Professional Services Page 4 of 7 K:\ENGINEERING DATAEXCHANGEIANGIEMISTREET1E15112 RODD FIELD ROAD EXPANSIO MMD 1 LJA\2015-1020 OLD CONTRACT PROFESSIONAL SERVICES - MODIFIED.DOC which A/E may be held responsible for payments of damages to persons or property resulting from A/E's or its subcontractor's performance of the work covered under this agreement. 6.11 It is agreed that A/E'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 Contracts Less than $50,000 - Insurance not required; however, if contract is amended to exceed $50,000, the above insurance requirements must be met. 7. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the NE at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon NE and City's estimate of the proportion of the total services actually completed at the time of termination. 8. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. 9. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the NE fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 10.OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the NE without the express written consent of the Director of Engineering Services. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. Contract for Professional Services Page 5 of 7 KAENGINEERING DATAEXCHANGEtANGIEMISTREET1E15112 RODD FIELD ROAD EXPANSIONIAMD 1 LJA12015-1020 OLD CONTRACT PROFESSIONAL SERVICES - MODIFIED.DOC 11. DISCLOSURE OF INTEREST NE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. 12. STANDARD OF CARE Services provided by A/E 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. CONFLICT OF INTEREST A/E 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.com/government/city-secretary/conflict- disclosure/index. 14. ENTIRE AGREEMENT AND CONTROLLING LAW This Agreement represents the entire and integrated Agreement between City and NE 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 A/E. 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. 15. CONFLICT RESOLUTION BETWEEN DOCUMENTS A/E hereby agrees and acknowledges if anything contained in theA/E-prepared Exhibit A, A/E's Scope of Services, or contained in any other document prepared by A/E and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI , INC. -7-IS J. H. Edmonds, P.E. Date Patr ck ete o, P.E. Date Director of Engineering Services Vice President 820 Buffalo Street Corpus Christi, TX 78401 RECOMMENDED (361) 887-8851 Operating Department Date Contract for Professional Services Page 6 of 7 K.1ENGINEERING DATAEXCHANGEYANGIEMYSTREET1E15112 RODD FIELD ROAD EXPANSIONIAMO 1 LJA52015-1020 OLD CONTRACT PROFESSIONAL SERVICES - MODIFIED.DOC APPROVED AS TO LEGAL FORM Legal Department Date APPROVED Office of Management Date and Budget ATTEST Rebecca Huerta Date City Secretary Fund Name Accounting Unit Account No. Activity No. Account Category Amount Street CIP 3551-051 550950 E15112013551EXP 50950 $801,098.55 Storm Water 4533-043 550950 El5112014533EXP 50950 $225,661.57 Water 4099-041 550950 El5112014099EXP 50950 $56,415.36 Wastewater 4254-042 550950 E15112014254EXP 50950 $22,566.15 Gas 4555-022 550950 E15112014555EXP 50950 $22,566.15 Total $1,128,307.78 Contract for Professional Services Page 7 of 7 KIENGINEERING DATAEXCHANGEIANGIEMISTREETIE15112 RODD FIELD ROAD EXPANSION1AMD 1 LJA12015-1020 OLD CONTRACT PROFESSIONAL SERVICES - MODIFIED.DOC EXHIBIT "A" AMENDMENT NO. 1 CITY OF CORPUS CHRISTI, TEXAS Rodd Field Road Expansion (Bond 2014) Saratoga Boulevard to Yorktown Boulevard Project No. E15112 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer-A/E (also referred to as Consultant) will: a) Prepare PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick-off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. c) Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. d) Request and review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f) Develop preliminary street cross section recommendations. Prepare conceptual life- cycle cost estimate with recommended pavement sections using Federal Highway Administration (FHWA) "Real Cost" Program. g) Identify right-of-way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. i) Develop drainage area boundary map for existing and proposed drainage areas served. j) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. I) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) p) INCLUDED IN THIS CONTRACT) Prepare an Engineering Letter Report (20 — 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of Amd. No. 1 EXHIBIT "A" Page 1 of 12 Revised November 26, 2013 probable construction costs, and document the work with text, tables, schematic - level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF). Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross- sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right-of- way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include summary output tables from Hydraulic and Hydrologic analyses. 3. Include existing site photos. 4. Provide opinion of probable construction costs. 5. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet as City agent or with City participation and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 7. Provide anticipated index of drawings and specifications. 8. Provide a summary table & required ROW parcels. (If AUTHORIZED as an Additional Service.) q) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. r) Submit computer model file, results and calculations used to analyze drainage. s) Conduct Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report as scheduled by City Project Manager. (INCLUDED IN ADDITIONAL SERVICES—DESIGN MEETINGS AND PROJECT COORDINATION t) Assimilate all City review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. u) Assist City in presenting summary of ELR findings to the Bicycle and Pedestrian (NOT INCLUDED IN THIS CONTRACT) City staff will provide one set only of the following information (as applicable): a) Electronic index and database of City's record drawing and record information. b) Requested record drawings and record information in electronic format as available from City Engineering files. c) Provide the budget for the Project specifying the funds available for the construction contract. d) A copy of existing studies and plans. (as available from City Engineering files). e) Field location of existing city utilities. (A/E to coordinate with City Operating Departments.) f) Applicable Master Plans and GIS mapping are available on the City's website. Amd. No. 1 EXHIBIT "A" Page 2 of 12 Revised November 26, 2013 g) City Control survey Bench marks and coordinates. Any information marked proprietary, or copyrighted, provided by the City is authorized for use only by A/E, and only for the intended purpose of this project. Any unauthorized use or distribution of information marked proprietary, or copyrighted, provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the NE will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. The City will provide a list of utility franchises within the Project area. b) materials andfor contaminated soils that may be discovered during construction. (MOVED TO ADDITIONAL SERVICES) c) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with. CPPSCF using English units on 11"x 17". 1) ii) Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. Preparation of specific traffic control plans is not included in the scope of this contract. The Contractor shall be responsible for preparation and approval of specific Traffic Control plans appropriate to the Contractor's means and methods. drawings. Prepare Stormwater Best Management Practices construction drawings. Contractor is responsible for preparing and maintaining a Stormwater Pollution Prevention Plan (SWPPP) for himself and for the City. The SWPPP shall include the construction drawings prepared by the A/E. e) Furnish one (1) set of the interim plans (60% submittal - electronic and full-size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. i) Required with the interim plans is a "Plan Executive Summary", project checklist & drawing checklist, which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. ii) Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. (INCLUDED IN ADDITIONAL SERVICES—DESIGN MEETINGS AND PROJECT COORDINATION) f) Hold Project 60% review meeting, Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review Amd. No. 1 EXHIBIT "A" Page 3 of 12 Revised November 26, 2013 g) comments, as appropriate and, upon Notice to Proceed. (INCLUDED IN ADDITIONAL SERVICES—DESIGN MEETINGS AND PROJECT COORDINATION) Provide one (1) set of the pre final plans and bid documents (90% submittal i) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and hard copy using City Standards as applicable) for City's final review. j) Assimilate all final review comments. Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. k) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City -provided review comments or provided submittals in accordance with City standards.. NOT INCLUDED IN THIS CONTRACT) m) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements. (If AUTHORIZED as an Additional Service.) The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the . City during the Design Phase. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide electronic copy of the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The NE will: a) Prepare draft Authorization to Advertise (ATA) from City -provided example. b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. c) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. Amd. No. 1 EXHIBIT "A" Page 4 of 12 Revised November 26, 2013 d) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. f) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re - advertise that particular portion of the Project for bids. g) Prepare Agenda Memoranda and PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. e) Provide draft document format for the Authorization to Advertise and for the Agenda Memoranda. 4. Construction Administration Phase. 9) Review, cvaluate and recommend for City consideration Contractor Voluo +} Review Contractor -provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD Amd. No. 1 EXHIBIT "A" Page 5 of 12 Revised November 26, 2013 drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. (MOVED TO ADDITIONAL SERVICES) The City staff will: a) Provide all Construction Administration and Construction Observation Services. b) Designate an individual to have responsibility, authority, and control for coordinating activities for the City during the Construction Phase. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The NE will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a) -- b) d) e) 9) h) 1) m) the -area TxDOT utility permit(s) Temporary Discharge Permit NPDES Permit/Amendments (including SSC, NOI NOT) Nueces County Texas Historical CommissieR (THC) U.S. Fish and Wildlife Service (USFWS) Texas Department of Licensing and Regulation (TDLR) Texas General Land Office (TGLO) • 2. Right -of -Way (ROW) Acquisition Survey and Parcel Descriptions. All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right-of-way widths. b) Research plats, ROW maps, deed, easements, and survey for fence comers, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. Amd. No. 1 EXHIBIT "A" Page 6of12 Revised November 26, 2013 c) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. d) Prepare Metes and Bounds Instruments with supporting exhibits as required and agreed upon, subsequent to the ELR acceptance, for ROW parcels, utility easements and temporary construction easements. e) Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at "not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. f) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. g) The City will provide Title documentation (i.e. Title Commitments, Title Policies, etc.) for all parcels needed for acquisition or easement. 3. Topographic Survey. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. c) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third -parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. 4. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. (Fee To Be Determined if required.) 5. Subsurface Utility investigation Engineering Amd. No. 1 EXHIBIT "A" Page 7 of 12 Revised November 26, 2013 a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C- 1, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro -excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. ii) Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One -Call Notice and measuring the marked locations. iii) Storm Water — Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater — Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction -related excavation shall be located at Quality Level A. v) Water — Water facilities within the project limits will be located to Quality Level A. vi) Gas — Gas facilities within the project limits will be located to Quality Level A by the A/E. The City of Corpus Christi Gas Department will provide Quality Level C. The A/E will coordinate this activity. vii) Add SUE findings to topographic survey. b) Inform local franchises whose utilities fall within the footprint of construction -related excavation of the potential for encountering their utility lines during construction. A list of franchises within the Project area will be provided by the City. 6. Public Meetings (Maximum of 2 Meetings). Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare exhibits for meetings. Provide follow-up and response to citizen comments as requested. Revise contract drawings to address citizen comments, as directed by the City. 7. Construction Phase Assistance (Time and Materials upon Request). A/E will provide the City with assistance, as requested, during the construction phase of the Project on a Time and Materials basis. Requests for services from the A/E shall be submitted to the A/E via email from City staff (Construction Inspection or Engineering Services) and shall include Calendar Meeting Requests. Verbal requests for services must be followed by an email to the A/E prior to action being taken by the A/E. Receipt of email Amd. No. 1 EXHIBIT "A" Page 8 of 12 Revised November 26, 2013 8 - requests, including Meeting Requests, from City Staff shall be considered by the A/E as Authorization to Proceed on the requested services. Services provided under this line item shall be invoiced to the City monthly based upon the attached Table 1— Rate Schedule and shall include time spent during the invoicing period. If it is apparent that additional efforts will be required beyond the estimated Contract budget after 75% of the estimated budget for this Line Item has been spent, the A/E will prepare a Contract Amendment for additional fees based upon an estimate of the amount of effort remaining to complete the Project. Work will not proceed beyond the approved budget. The following services are excluded from this Contract: a) b) c) d) Preparation of change orders; Review of shop drawings. (This does not exclude review of material submittals, if requested.); Review/approval of Contractor pay requests; and Preparation of a Certificate of Completion at the end of the Project. (NOT APPLICABLE) peried7 8. Preparation of Record Drawings. Review Contractor -provided construction "red -linen drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxfformat with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. 9. Signal Design Modifications at Airline Road. Conduct field review of the intersection to note and verify existing traffic signal equipment, intersection geometrics, physical constraints, power connection, utility placement and other details necessary for signal plan preparation. Coordinate with City to obtain signal improvement requirements. Prepare signal plans and specifications for signal modifications. Provide Bid Phase services related to signal improvements as described above in Basic Services Item 3. Per City Staff directives, traffic and signal analyses are excluded from this Contract. 10. New Signal Design at Yorktown Boulevard. Conduct field review of the intersection to note and verify existing traffic signal equipment, intersection geometrics, physical constraints, power connection, utility placement and other details necessary for signal plan preparation. Coordinate with City to obtain new signal improvement requirements. Prepare signal plans and specifications for new signal improvements. Provide Bid Phase services related to signal improvements as described above in Basic Services Item 3. Per City Staff directives, traffic and signal analyses, including a signal warrant study, are excluded from this Contract. Amd. No. 1 EXHIBIT "A" Page 9 of 12 Revised November 26, 2013 11. Design Meetings and Project Coordination (Time and Materials upon Request). A/E will attend meetings and coordinate with the City, as requested, throughout the duration of the Preliminary and Design Phases of the Project. Services provided under this Line Item shall include preparation for meetings, attendance of meetings, preparation and distribution of minutes following meetings, and efforts spent on processing action items resulting from the meetings. Requests for services from the A/E shall be submitted to the A/E via email from City staff (Construction Inspection or Engineering Services) and shall include Calendar Meeting Requests. Verbal requests for services must be followed by an email to the NE prior to action being taken by the A/E. Receipt of email requests, including Meeting Requests, from City Staff shall be considered by the A/E as Authorization to Proceed on the requested services. Services provided under this line item shall be invoiced to the City monthly based upon the attached Table 1— Rate Schedule and shall include time spent during the invoicing period. If it is apparent that additional efforts will be required beyond the estimated Contract budget after 75% of the estimated budget for this Line Item has been spent, the NE will prepare a Contract Amendment for additional fees based upon an estimate of the amount of effort remaining to complete the Project. Work will not proceed beyond the approved budget. 12. Value Engineering Proposal Review (Time and Materials upon Request). Upon request from the City, A/E will review, evaluate and recommend for City consideration Value Engineering Proposals submitted by the Contractor. Value Engineering Proposals must be complete, containing all required information necessary for a comprehensive review, and must be signed and sealed by a Licensed Professional Engineer in the State of Texas in order to be accepted for review. Requests for services from the A/E under this Line Item shall be submitted to the A/E via email from City staff (Construction Inspection or Engineering Services) and shall include Calendar Meeting Requests. Verbal requests for services must be followed by an email to the A/E prior to action being taken by the A/E. Receipt of email requests, including Meeting Requests, from City Staff shall be considered by the A/E as Authorization to Proceed on the requested services. Services provided under this line item shall be invoiced to the City monthly based upon the attached Table 1— Rate Schedule and shall include time spent during the invoicing period. If it is apparent that additional efforts will be required beyond the estimated Contract budget after 75% of the estimated budget for this Line Item has been spent, the A/E will prepare a Contract Amendment for additional fees based upon an estimate of the amount of effort remaining to complete the Project. Work will not proceed beyond the approved budget. (Fee To Be Determined if required.) Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does -net supersede -supplements Exhibit "A". Amd. No. 1 EXHIBIT "A" Page 10 of 12 Revised November 26, 2013 II. SCHEDULE Date Activity Begin Preliminary Phase Upon receipt of NTP and City -Provided Traffic Information Submit Draft ELR 4 Months after receipt of NTP City Review 1 Month Submit Final ELR 1 Month after receipt of Draft ELR comments from City Submit 60% Design 7 Months after receipt of NTP from City City Review 6 Weeks Submit 100% Design 2 Months after receipt of 60% comments from City City Review 1 Month Submit Sealed Plans & Docs 3 Weeks after receipt of comments from City Advertise for Bids 2 Weeks after Sealed Submittal Pre -Bid Conference 2 Weeks after Advertisement Receive Bids 4 Weeks after Advertisement Contract Award 4 Weeks after receipt of Bids Begin Construction 4 Weeks after Award of Contract Complete Construction Approximately 28 Months after Begin Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-3 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.1-3, A/E will submit monthly statements for basic services rendered. The statements will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For authorized Additional Services, the A/E will submit monthly statements for services rendered. For Fixed Fee Additional Services Line Items, the statements will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. For Time and Materials Additional Services, the statements will be based upon A/E's time spent during the period of time covered by the invoice and based upon the attached Table 1 — Rate Schedule. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not -to - exceed fee as per the table below: Amd. No. 1 EXHIBIT "A" Page 11 of 12 Revised November 26, 2013 Summary of Fees (Notes: 'FF" designates L'ne Items to be invoiced on a Fixed Fee basis, and 'T&M' designates Line Items to be invoiced on aTime & Materials basis. 'AUTHORIZED' constitutes "written authorization to proceed" on an Additional Services Line Item.) Amd. No. 1 EXHIBIT "A" Page 12 of 12 Revised November 26, 2013 Original Contract Amendment No. 1 Total Street Storm- Water Water Waste- Water Gas Basic Services Fees 1. Preliminary Phase (FF) $49,900.00 $ 117,742.58 $ 33,166.92 $ 8,291.74 $ 3,316.69 $ 3,316.69 $ 215,734.62 2. Design Phase (FF) $ 0.00 $ 409,955.09 $115,480.32 $ 28,870.00 $ 11,548.05 $ 11,548.05 $ 577,401.51 3. Bid Phase (FF) $ 0.00 $ 14,912.56 $ 4,200.72 $ 1,050.19 $ 420.07 $ 420.07 $ 21,003.61 Subtotal Basic Services Fees $49,900.00 $ 542,610.23 $152,847.96 $ 38,211.93 $ 15,284.81 $ 15,284.81 $ 814,139.74 Additional Services Fees (Allowance) 1. Permitting: TDLR (FF) (Authorized) $ 0.00 $ 2,34013 $ 659.22 $ 164.81 $ 65.92 $ 65.92 $ 3,296.10 2. Right -of -Way (ROW) Acquisition Survey & Parcel Descriptions (FF) (Authorized) $ 0.00 $ 22,826.50 $ 6,430.00 $ 1,607.50 $ 643.00 $ 643.00 $ 32,150.00 3. Topographic Survey (FF) (Authorized) $ 0.00 $ 71,000.00 $ 20,000.00 $ 5,000.00 $ 2,000.00 $ 2,000.00 $ 100,000.00 4. Environmental Issues (Hazardous Materials Encountered During Construction) (FF) $ 0.00 TBD TBD TBD TBD TBD TBD 5. Subsurface Utility Engineering (SUE) (FF) (Authorized) $ 0.00 $ 53,054.75 $ 14,945.00 $ 3,736.25 $ 1,494.50 $ 1,494.50 $ 74,725.00 6. Public Meetings (2 Meetings Total) (FF) (Authorized) $ 0.00 $ 7,333.84 $ 2,065.87 $ 516.47 $ 206.58 $ 206.58 $ 10,329.34 7. Construction Phase Assistance (T&M) (Authorized) $ 0.00 $ 49,700.00 $ 14,000.00 $ 3,500.00 $ 1,400.00 $ 1,400.00 $ 70,000.00 8. Preparation of Record Drawings (FF) (Authorized) $ 0.00 $ 7,810.00 $ 2,200.00 $ 550.00 $ 220.00 $ 220.00 $ 11,000.00 9. Signal Design Modifications at Airline Road (FF) (Authorized) $ 0.00 $ 18,661.50 $ 5,256.76 $ 1,314.20 $ 525.67 $ 525.67 $ 26,283.80 10. New Signal Design at Yorktown Boulevard (FF) (Authorized) $ 0.00 $ 18,661.50 $5,256.76 $ 1,314.20 $ 525.67 $ 525.67 $ 26,283.80 11. Design Meetings & Project Coordination (T&M) (Authorized) $ 0.00 $ 7,100.00 $ 2,000.00 $ 500.00 $ 200.00 $ 200.00 $ 10,000.00 12. Value Engineering Proposal Review (T&M) $ 0.00 TBD TBD TBD TBD TBD TBD Sub -Total Additional Services Fees $0.00 $ 258,488.32 $72,813.61 $ 18,203.43 $ 7,281.34 $ 7,281.34 $ 364,068.04 Total Authorized Fee 849,900.00 8801,098.55 $225,661.57 $ 56,415.36 $ 22,566.15 $ 22,566.15 $1,178,207.78 (Notes: 'FF" designates L'ne Items to be invoiced on a Fixed Fee basis, and 'T&M' designates Line Items to be invoiced on aTime & Materials basis. 'AUTHORIZED' constitutes "written authorization to proceed" on an Additional Services Line Item.) Amd. No. 1 EXHIBIT "A" Page 12 of 12 Revised November 26, 2013 EXHIBIT A-1 AMENDMENT NO. 1 CITY OF CORPUS CHRISTI, TEXAS Rodd Field Road Expansion (Bond 2014) Saratoga Boulevard to Yorktown Boulevard Project No. E15112 TASK LIST GENERAL Contract Amendment No. 1 to the Rodd Field Road Expansion — Saratoga Boulevard to Yorktown Boulevard (Bond 2014) Project includes Preliminary, Design and Bid Phase services and associated Additional Services, as described herein, for the reconstruction and expansion of Rodd Field Road from Saratoga Boulevard to Yorktown Boulevard and of Yorktown Boulevard from Road A (Bay Drive) to Geiger Drive, including associated utility improvements. The Construction Budget for the Project is $13.5 million. Exhibit "A", I. A. - BASIC SERVICES Preliminary Phase (Fixed Fee) Provide Preliminary Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services with the following condition: Exhibit "A", I. A. 1 - Clarifications 1. NE will submit all Contract deliverables to the City, only, in accordance with the Contract requirements. The City will distribute deliverables to Third -Party Reviewers at its discretion and coordinate with Third -Party Reviewers to receive comments. The City will incorporate any comments received from Third -Party Reviewers deemed appropriate into the City's comments for discussion at the appropriate meeting. To prevent miscommunications during the Preliminary Phase, A/E's point of contact for Project decisions will be the City's Project Manager. 2. Engineering services related to drainage analysis and design are limited only to the proposed underground storm sewer collection system to be constructed with this Project. Per City staff directives, drainage analysis of the existing culverts crossing beneath Rodd Field Road and of existing local area drainage conditions are excluded from this Contract. Amd. No. 1 EXHIBIT "A-1" Page 1 of 4 Design Phase (Fixed Fee) Provide Design Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services with the following conditions: Exhibit "A", I. A. 2 - Clarification 1. A/E will submit all Contract deliverables to the City, only, in accordance with the Contract requirements. The City will distribute deliverables to Third -Party Reviewers at its discretion and coordinate with Third -Party Reviewers to receive comments. The City will incorporate any comments received from Third -Party Reviewers deemed appropriate into the City's comments for discussion at the appropriate meeting. To prevent miscommunications during the Design Phase, NE's point of contact for Project decisions will be the City's Project Manager. 2. Engineering services related to drainage analysis and design are limited only to the proposed underground storm sewer collection system to be constructed with this Project. Per City staff directives, drainage analysis of the existing culverts crossing beneath Rodd Field Road and of existing local area drainage conditions are excluded from this Contract. Exhibit "A", I. A. 2. d) - Clarification The design of temporary traffic control measures shall consist of the preparation of Advanced Warning Signage Plans and inclusion of typical examples of traffic control measures for certain situations. The design of specific traffic control measures for the entire project is not included in the scope of work of this Contract. The Contractor is responsible for the preparation and approval of specific traffic control plan(s) that coincide with his approach to constructing the project — subject to the Project phasing stipulated in the construction documents - and may incorporate the typical examples provided in the construction plans. Bid Phase (Fixed Fee) Provide Bid Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. Construction Phase Construction Phase Services as described in Exhibit "A", I. A. 4. are excluded from this Contract. Construction Phase Assistance will be provided by the NE as a Time & Materials Additional Service upon request as described in Exhibit 'A'. Amd. No. 1 EXHIBIT "A-1" Page 2 of 4 Exhibit "A". I. B. - ADDITIONAL SERVICES (Subject to Authorization) 1. Permitting (Fixed Fee) • TDLR Registration: Submit construction plans and specifications to a Registered ADA Specialist (RAS) for review and approval and registration with the TDLR; Provide coordination efforts, as necessary. 2. ROW Acquisition Survey & Parcel Descriptions (Fixed Fee) Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. The City will provide Title documentation (i.e. Title Commitments, Title Policies, etc.) for all parcels needed for acquisition or easement. 3. Topographic Survey (Fixed Fee) Services will be provided Professional Services. 4. Environmental Issues Construction (Fixed Fee) Services will be provided Professional Services. in accordance with Exhibit 'A' of the Contract for (Hazardous Materials Encountered During in accordance with Exhibit 'A' of the Contract for 5. Subsurface Utility Enqineerinq (S.U.E.) (Fixed Fee) Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. The City will provide A/E with an approved site for the disposal of the S.U.E. waste material. 6. Public Meetings (Maximum of 2 Meetings) (Fixed Fee) Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. 7. Construction Phase Assistance (Time and Materials) Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. Amd. No. 1 EXHIBIT "A-1" Page 3 of 4 8. Preparation of Record Drawings (Fixed Fee) Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. 9. Signal Design Modifications at Airline Road (Fixed Fee) Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. Per City Staff directives, traffic and signal analyses are excluded from this Contract. 10. New Signal Design at Yorktown Boulevard (Fixed Fee) Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. Per City Staff directives, traffic and signal analyses, including a signal warrant study, are excluded from this Contract. 11. Design Meetings and Proiect Coordination (Time and Materials) Engineering efforts covered by this line item will be provided as described in Exhibit 'A' of the Contract for Professional Services. 12. Value Engineering Proposal Review (Time and Materials) Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. Amd. No. 1 EXHIBIT "A-1" Page 4 of 4 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. xxxxxx Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 O n/a 14,166 0 0 14,166 0 0 0 n/a 0% 0 0 0 0 0 0 O $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 0 n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% ki2;11 City of Corpus Christi CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: LJA Engineering, Inc. P. O. BOX: STREET ADDRESS: 820 Buffalo Street FIRM IS: 1 . Corporation 4. Association CITY: Corpus Christi ZIP: 78401 2. Partnership 5. Other B 3. Sok 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) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A 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)1 CERTIFICATION 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 in +rmation requested; and that supplemental statements will be promptly submitted to the City of Corpu risti, Texas as a anges occur. Certifying Person: Title: Vice President Patrick D. Vet . .E. I (Type or Prints *III g Signature of Certifyin Person: DEFINITIONS Date: 4,-1Z 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. Rodd Field Road Expansion BOND 2014 Proposition 2 Corpus Chr sti Engineering Council Presentation December 15, 2015 Project Location �hrsti Engineering Project Location �hrsti Engineering Project Layout �hrsti Engineering ni TRAVEL LANE I TRA LANE TRAVEL 'TRAVEL 4 Project Layout �hrsti Engineering TRAVEL LANE TRAVEL LANE TRAVEL LANE TRAVEL LANE Project Scope �hrsti Engineering Project includes: • Full -depth construction of a 5- lane roadway, 4 -travel lanes and a controlled access median • ADA compliant curb -ramps, sidewalks and pavement markings • 10' concrete multi -use paths (each side of roadway) to include pedestrian and bicycle traffic • Utilities with new wastewater, water, storm water and gas lines Addition proposed work includes: • New intersection with signal Project Schedule C*It) Corpus Chr sti Engineering 2015 2016 2017 2018 2019 1st Q 2nd Q 3rd Q 4th Q 1st Q 2nd 3rd Q Q 4th Q Bid 1st Q 2nd 3rd Q Q 4th Q 1st 2nd 3rd Q 4th Q 1st Q 2nd Q Construction Project Estimate: 840 Calendar Days 28 Months AGENDA MEMORANDUM Future item for the City Council Meeting of December 15, 2015 Action item for the City Council Meeting of January 12, 2016 DATE: TO: December 9, 2015 Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Resolution authorizing the City Manager or designee to proceed with the design and construction of Fire Station 18 CAPTION: Resolution authorizing the City Manager or designee to proceed with the design and construction of Fire Station 18 in the area of HoIIy/Saratoga and Ayers. PURPOSE: The Fire Department is requesting Council Action Approval to proceed with the construction of Fire Station 18. Funding for the Fire Station construction was approved in the 2008 Bond Program and funds are available to complete construction. The site for Fire Station 18 was previously acquired by the City. Staffing and apparatus will be provided by utilizing existing resources (Engine 101) from Fire Station #1 which will be allocated to the new Fire Station. The movement of Engine 101 will leave an Engine Company (Engine 1) and a Truck Company (Truck 1) at Fire Station #1. The Fire Department's current operating budget will absorb all costs except utilities, tools, equipment and miscellaneous items, which will cost approximately $34,000. The new Fire Station 18 will be located in proximity to the following Engine Companies: Engine 6 (6713 Weber Road) with 1,936 responses in calendar year 2014. Engine 8 (4645 Kostoryz Road) with 2,647 responses in calendar year 2014. Engine 10 (1550 Horne Road) with 3,497 responses in calendar year 2014. According to 2014 Call Data, the area where Station 18 would have been located accounted for 952 fire and EMS calls within a one -mile radius. Engines and ambulances from other stations have been responding to these calls over the years. This data is for illustration only. Fire Station 18 will be first -call engine for Los Encinos Elementary School, Galvan Elementary School, Bishop Garriga Middle School, John Paul 11 High School, Cabiness Air Field, and Cabiness Sports Complex. When construction is completed and the Station becomes operational, response times should improve in the surrounding area, especially along Saratoga Boulevard from Greenwood to Kostoryz: on Ayers from SPID to the Landfill; and on the Crosstown Express. ALTERNATIVES: Do not build Fire Station 18 at this time. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: 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 Encumbered / Expended Amount $186,900 $1,617,800 $1,804,700 This item BALANCE $186,900 $1,617,800 $1,804,700 Fund(s): Comments: None RECOMMENDATION: Council approval of a Resolution to proceed with the design and construction of Fire Station 18 in the area of Holly/Saratoga and Ayers LIST OF SUPPORTING DOCUMENTS: Resolution Number Of Calls 7000 6000 5000 4000 3000 2000 1000 0 Change in CaII Volume 2010 - 2014 2010 2011 2012 2013 2014 Stations 1 2 3 -4-5-6-7-8-9-10 -11-12 -13 -14 -15 16 -17 X18 Decrease Increase Change in All Calls Received by Station 2010 - 2014 Station # 2010 2011 2010 - 2011 % Change 2012 2011 - 2012 % Change 2013 2012 - 2013 % Change 2014 2013 - 2014 % Change 1 2876 2938 2% 3095 5% 3426. 11% 3607 5% 2 2284 2422 6% 2684 11% 2586 -4% 2774 7% 3 5104 5337 5% 5881 10% 6257 6% 6403 296 4 1937 2105 9% 2204 5% 2134 -3% 2194 3% 5 1372 1263 -8% 1388 10% 1578 14% 1562 -1% 6 2506 2839 13% 3037 7% 3093 2% 3222 4% 7 3015 3003 0% 3307 10% 3289 -1% 3317 1% 8 2928 3182 9% 3139 -1% 3326 6% 3329 0% 9 2080 2279 10% 2536 11% 2625. 4% 2538 -3% 10 5135 5191 1% 5771 11% 6129 6% 6109 0% 11 2.687 2876 7% 3059 6% 3143 3% 3339 6% 12 530 538 2% 550 2% 534 -3% 634 19% 13 2324 2309 -1% 2543 10% 2513 -1% 2779 11% 14 3032 3061 1% 3303 8% 3628 10% 3813 5% 15 774 837 8% 855 2% 884 3% 950 7% 16 76 106 120 13% 125 4% 129 3% 31 17 801 891 11% 1071 20% 1108 3% 1278 15% 18 2772 2671 -4% 2977 11% 3240 9% 3253 096 Resolution Authorizing the City Manager or designee to proceed with the design and construction of Fire Station 18 in the area of Holly/Saratoga and Ayers NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Council resolves to proceed with the design and construction of Fire Station 18 in the area of Holly/Saratoga and Ayers. SECTION 2. The City Manager or designee is authorized to proceed with procurement of the design and construction of Fire Station 18 in the area of Holly/Saratoga and Ayers. SECTION 3. The Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor 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 AGENDA MEMORANDUM City Council Meeting of December 15, 2015 DATE: TO: December 2, 2015 Ronald L. Olson, City Manager FROM: Rudy Bentancourt, Interim Director rudyb@cctexas.com 361-826-3021 FY2016-2017 HOME Program Housing Tax Credit Amenities STAFF PRESENTER(S): Name 1. Rudy Bentancourt 2. 3. OUTSIDE PRESENTER(S): Title/Position Department Interim Director HCD Name Title/Position Organization 1. 2. 3. BACKGROUND: During the May 26, 2015 City Council Workshop regarding the Consolidated Annual Action Plan, HCD discussed the HOME Program Housing Tax Credit Development and provided the City Council with a proposed list of mandatory amenities for proposed projects in order to receive a Letter of Support from the City. The provided presentation finalizes the list and takes into account all of the City Council recommendations. This mandatory list will be a requirement for any proposed Housing Tax Credit project requesting a City's Letter of Support for the proposed project. LIST OF SUPPORTING DOCUMENTS: PowerPoint — FY2016-2017 HOME Program Housing Tax Credit Amenities FY2016-2017 HOME Program Housing Tax Credit Amenities City Council December 15, 2015 HOME PROGRAM HOUSING TAX CREDIT AMENITIES • Proposed City of Corpus Christi Mandatory Amenities ✓ Full perimeter fencing ✓ Equipped functional computer learning center (1 computer per 20 units) ✓ Furnished community room ✓ Community Laundry room ✓ Children's playscape area (where applicable) ✓ Appropriate Zoning (optional consideration) NEXT STEPS • Release FY2016-2017 HOME Program Pre -Application • Review Pre -Applications to ensure City required Housing Tax Credit amenities • Provide Resolution of Support or No Resolution QUESTIONS? AGENDA MEMORANDUM City Council Meeting of December 15, 2015 DATE: TO: May 20, 2014 Ronald L. Olson, City Manager FROM: Eddie Houlihan, Assistant Director Management and Budget EddieH@cctexas.com (361)826-3729 Zero -based Budgeting STAFF PRESENTER(S): Name 1. Saundra Thaxton 2. 3. OUTSIDE PRESENTER(S): Title/Position Department Assistant Director Strategic Management Name Title/Position Organization 1. 2. 3. BACKGROUND: This briefing defines zero -based budgeting. It provides for discussing the advantages and disadvantages in the use of zero -based budgeting, as well as the history and theory of this type of budgeting process. The use and practice of zero -based budgeting in current government and other local entities is also included. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Zero -based Budgeting (ZBB) Zero -based Budgeting Council Presentation December 15, 2015 What is Zero -based Budgeting (Z88)? ZBB: an approach to planning and decision-making that reverses the working process of traditional budgeting — Requires that the budget request be evaluated thoroughly, starting from zero -base; — Every part of the budget must be approved; — Fresh budget prepared without reference to the past; — Process is independent of whether specific line items are increasing or decreasing; — Identifies services, service level, and the funding of these services -- independent of current funding Many other budgeting techniques: — Traditional Incremental Budgeting: departments justify only variances assuming the "baseline" is justified because of past experience. — "Zero-sum Budgeting": a personal finance technique budgeting every unit of income and then offsetting budgetary increases with corresponding decrease. Potential Advantages & Disadvantages Potential Advantages: 1) Allocates resources based on priorities and benefits rather than history 2) Focuses managers on cost effective ways to improve operations 3) Detects inflated budgets 4) Increases managements initiative and responsibility in decision-making 5) Increases communication and coordination within the organization Potential Advantages & Disadvantages Potential Advantages• (Continued) 6) Identifies and eliminates wasteful and obsolete services 7) Identifies opportunities for alternate service or outsourcing 8) Forces departments to better align resources to mission, mission elements, and goals 9) Facilitates more effective delegation of authority 10) Identifies areas of wasteful spending, and can suggest alternative courses of action. Potential Advantages & Disadvantages Potential Disadvantages: 1) Much more time-consuming than incremental budgeting 2) Justifying every line item can be problematic for departments with intangible outputs 3) Requires specific training due to increased complexity vs. incremental budgeting 4) In a large organization, the amount of information backing up the budgeting process may be overwhelming What is the history of ZBB? • ZBB rose to prominence in 1970's (President Carter) • Interest in ZBB declined for many years: - Too much paperwork & data - Doubt about method's ability to fully meet its theoretical promises - Improving economic conditions from late '70s & early '80s • Actual use of ZBB-"type" practices have increased • Governments using ZBB are using "practical" versions of ZBB that are less intensive than theoretical ZBB Theoretical ZBB • Organization divided up into decision units — lowest level at which budget decisions are made • Managers prepare detailed description & evaluation of all activities including alternatives • Information used to create "decision packages" showing varying levels of effort & cost • Multiple decision packages for each decision unit ZBB Budgeting in Practice • Pure theoretical ZBB very rare in practice — only 2 governments from a sample of 413 based on a GFOA survey • Port Industries do not use ZBB for operating budgets — some use aspects of ZBB for capital projects focusing on ROI • Del Mar, TAMU-CC and Port of CC do not use ZBB • 13 Texas cities1 surveyed do not use ZBB — All use a hybrid of several budgeting methods 1 Amarillo, Arlington, Austin, Dallas, EI Paso, Fort Worth, Garland, Grand Prairie, Irving, Laredo, Lubbock, Plano, San Antonio. What method do we use? • The City of Corpus Christi uses some aspects of ZBB (decision packages) combined with several other budgeting methodologies How would we apply ZBB here? • Departments identify services provided by mission element • Decision packages developed for each service based on various service levels and determine core/non-core • Decision packages would be driven by data to the extent possible • Budget is developed in each fund using decision packages • Process requires more input by management and City Council prior to final budget adoption • Process requires much more time and effort by staff QUESTIONS