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Agenda Packet City Council - 07/26/2016
Corpus Christi 1201 Leopard Street - f' Corpus Christi,TX 78401 i cctexas.com Meeting Agenda - Final-revised City Council Tuesday,July 26,2016 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 ingl6s es limitado, habra un interprete ingl6s-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 Brian Hill, First Baptist Church. C. Pledge of Allegiance to the Flag of the United States to be led by Jay Ellington, Interim Assistant City Manager. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 16-0835 Proclamation declaring July 30, 2016, "Feria de las Flores Pageant Day". Proclamation declaring July 31, 2016, "1966 Melon March Commemoration Day". Proclamation declaring July 31-August 2, 2016, "2016 Texas Citizen Police Academy Alumni Association Convention Week". Presentation of Honorary Citizen Certificates to Five 2016 Sister City Exchange Students. City Manager Recognition of the Communication Department Swearing-in ceremony of newly appointed Board, Commission and Committee members. Corpus Christi Page 1 Printed on 7/25/2016 City Council Meeting Agenda-Final-revised July 26,2016 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 choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER H. MINUTES: 2. 16-0843 Regular Meeting of July 19, 2016 Attachments: Minutes -July 19, 2016 I. BOARD &COMMITTEE APPOINTMENTS: (NONE) J. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting;such agendas are incorporated herein for reconsideration and action on any reconsidered item. K. CONSENT AGENDA: (ITEMS 3 - 10) Corpus Christi Page 2 Printed on 7/25/2016 City Council Meeting Agenda-Final-revised July 26,2016 NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 3. 16-0415 Approving a service agreement for a chemical vent hood replacement at the Police Department Motion approving a service agreement with Haldeman Homme, Inc. of Minneapolis, Minnesota with offices in Austin, Texas and Houston, Texas for the chemical vent hood replacement at the Corpus Christi Police Department, Forensics Division, in accordance with Bid Event No. 84, based on the lowest, responsive, responsible bid for an amount of$88,215.00. Funds are available in FY 2015-2016. Attachments: Agenda Memo-Vent Hood Replacement Bid Tabulation -Vent Hood Replacement Service Agreement Vent Hood Replacement Form 1295-Signed 4. 16-0745 Approving the purchase of a Peterbilt Encore Light and Air Fire Rescue Unit Motion approving the purchase of a Peterbilt Encore Light and Air Fire Rescue Unit from Siddons-Martin Emergency Group, Houston, Texas for a total amount of$397,000.00. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative (TLGPC), dba BuyBoard. Funds have been budgeted by Fleet Maintenance Services in FY 2015-2016. Attachments: Agenda Memo- Fire Rescue Unit Price Sheet- Fire Rescue Unit 5. 16-0762 Approving Master Agreement for Facilities Multiple Award Contract (FMAC) for the Minor Construction, Repair, Rehabilitation, and Alteration of Facilities Motion authorizing the City Manager or designee to execute a Master Agreement for Facilities Multiple Award Contract (FMAC) for a one-year term with option to renew administratively for up to two one-year periods, with no guaranteed minimum and a maximum aggregate of $2,000,000 per agreement in any one year; authorizing the City Manager or designee to execute all Facilities Multiple Award Contracts thereunder not exceeding $500,000 with the following: Spaw Glass Barcom Construction Corpus Christi Page 3 Printed on 7/25/2016 City Council Meeting Agenda-Final-revised July 26,2016 Cruz Maintenance & Construction, Inc. J E Construction Services (Alternate Contractor) Attachments: Agenda Memo- FMAC Facilities Multiple Award Contract Master Agreement Spaw Glass- FMAC Facilities Multiple Award Contract Master Agreement Barcom- FMAC Facilities Multiple Award Contract Master Agreement Cruz Maintenance - FMAC Facilities Multiple Award Contraci Master Agreement J E Construction- FMAC Facilities Multiple Award Contract Presentation - FMAC Facilities Multiple Award Contract Form 1295 Spaw Glass- FMAC Facilities Multiple Award Contract Form 1295 Barcom -FMAC Facilities Multiple Award Contract Form 1295 Cruz Maintenance -FMAC Facilities Multiple Award Contract Form 1295 J E Construction -FMAC Facilities Multiple Award Contract 6. 16-0594 Approving a service agreement for roof repair at Greenwood Senior Center Motion authorizing the City Manager, or designee, to execute a service agreement with South Texas Metal Roofing of Corpus Christi, Texas, for the roof repair of Greenwood Senior Center, in accordance with Bid Event No. 120, based on lowest, responsive and responsible bid for an amount not to exceed $184,250.00 and an additional 10% project contingency in the amount of$18,425 for unforeseen repairs. Funds have been budgeted through a Certificate of Obligation in FY 2015-2016. Attachments: Agenda Memo Greenwood Senior Roof Repair RFB 120 Bid Tabulation - Event 120 Greenwood Senior Center Roof Repair Service Agreement-Greenwood Senior Center RFB 120 Form 1295-Greenwood Senior Center Roof Repair 7. 16-0712 Lease-purchase of four Peterbilt 367 trucks for Solid Waste Operations Motion approving the lease-purchase of four Peterbilt 367 trucks from Rush Truck Centers of Texas, L.P., of Houston, Texas for a total amount not to exceed $855,000.00. Two trucks will be truck tractors used to pull large refuse trailers and two trucks will be equipped with Heil low lift 22 ft. roll-off beds to carry roll-off refuse containers. The award is based on the cooperative purchasing agreement with the Houston-Galveston Area Council (H-GAC). (2) Peterbilt 367 Haul Truck Tractor (2) Peterbilt 367 with Roll-Off $343,922.00 $456,350.00 Total Lease-Purchase Price $800,272.00 Corpus Christi Page 4 Printed on 7/25/2016 City Council Meeting Agenda-Final-revised July 26,2016 Total Allowable Interest for Lease $54,728.00 Grand Total: $855,000.00 Attachments: Agenda Memo- Peterbilt 367 Trucks Price Sheet- Peterbilt 367 Trucks 8. 16-0709 Second Reading Ordinance -Accepting and appropriating State grant for motor vehicle theft enforcement (1st Reading 7/19/16) Ordinance authorizing the City Manager or the City Manager's designee to execute all documents necessary to accept a grant from the Texas Automobile Burglary Theft Prevention Authority (ABTPA) grant in the amount of$410,973 to continue the motor vehicle theft enforcement grant within the Police Department for Year 16, with a City match of $660,714, in-kind match of$55,985 in the No. 1020 Police General Fund, and program income match of$1,020 for a total project cost of $1,128,692; designating the Chief of Police as Program Director and Director of Finance as financial officer for this ABTPA grant; appropriating $410,973 from the ABTPA in the No. 1061 Police Grants Fund; and appropriating $1,020 in program income match in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant within the Police Department. Attachments: Agenda Memo-ATPA Grant Acceptance 07.19.16.docx Ordinance -ABTPA Grant 2016- Revied 28Jun16 Award Letter-ABTPA FY 17-(official) 9. 16-0748 Second Reading Ordinance -Appropriating abandoned/unclaimed monies from the Police Property Room (1st Reading 7/19/16) Ordinance appropriating $5,573.49 from abandoned/unclaimed monies from the Police Property Room, changing the FY 2015-2016 Operating Budget adopted by Ordinance No.030620 by increasing revenue and expenditures in the General Fund No. 1020 by $5,573.49 each. Attachments: Agenda Memo- Property room funds 07.19.2016 Ordinance -Abandon Money Appropriation -2016 10. 16-0642 Second Reading Ordinance -Accepting and appropriating a State grant and approving a Professional Services Contract for an Aquifer Storage and Recovery (ASR) Feasibility Study (1 st Reading 7/19/16) Ordinance amending the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to add Project No. E16265 Corpus Christi Aquifer Storage and Recovery (ASR) Feasibility Study; accepting a Texas Water Development Board grant in the amount of$433,388; appropriating $1,099,320 from Raw Water Supply Development Fund Corpus Christi Page 5 Printed on 7/25/2016 City Council Meeting Agenda-Final-revised July 26,2016 No. 4041; and authorizing the City Manager or designee to execute a Professional Services Contract with HDR Engineering, Inc. of Austin, Texas in the amount of$601,980 for an ASR Feasibility Study. Attachments: Agenda Memo-CCASR Ordinance-CCASR Project Budget-CCASR Location Map-CCASR Contract-CCASR Presentation-CCASR InterlocalAgmt-2008-079-CCASR.pdf Form 1295-CCASR TWDB Grant Award Notice-CCASR COF-CCASR L. EXECUTIVE SESSION: (ITEMS 11 - 13) 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. 11. 16-0781 Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining matters, (including litigation) between the City of Corpus Christi and the Corpus Christi Firefighters Association. 12. 16-0794 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 (including TCEQ and EPA regulations) related to the provision of utility services in industrial districts, desalination, utility rate design, and water and wastewater treatment and distribution and pursuant to Texas Government Code § 551.072 to discuss and deliberate the purchase, exchange, lease, and/or value of property for a potential desalination plant where deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. 13. 16-0867 Executive Session pursuant to Texas Government Code § 551.074 (Personnel Matters) to discuss the appointment, employment, and duties of public officers or employees, including, but not limited to, the position of the City Manager. Corpus Christi Page 6 Printed on 7/25/2016 City Council Meeting Agenda-Final-revised July 26,2016 M. PUBLIC HEARINGS: (ITEMS 14 - 15) 14. 16-0799 Public Hearing and First Reading Ordinance - Rezoning property located at 822 Graham Road Case No. 0616-05 CCSemloh Partnership, Ltd.: A change of zoning from the "RE" Residential Estate District and "CG-1" General Commercial District to the "CG-2" General Commercial District. The property to be rezoned is described as Tract 1: Being 10.536 acres out of Lots 6 and 11, Section 48, Flour Bluff and Encinal Farm and Garden Tracts and Tract 2: Being 0.552 acres out of Lots 7 and 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Compton Road approximately 1,250 feet west of Waldron Road. Planning Commission and Staff Recommendation (June 29, 2016): Tract 1: Denial of the change of zoning from the "RE" Residential Estate District and "CG-1" General Commercial District to the "CG-2" General Commercial District, and in lieu thereof, approval of a "RE/SP" Residential Estate District with a Special Permit for a boat and recreational vehicle storage facility subject to compliance with the setbacks and buffering elements identified in the site plan and thirteen conditions. Tract 2: Approval of the rezoning from the "RE" Residential Estate District and "CG-1" General Commercial District to the "CG-2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by CCSemloh Partnership, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to 10.536 acres out of Lots 6 and 11, Section 48, Flour Bluff and Encinal Farm and Garden Tracts (Tract 1) from the "RE" Residential Estate District and "CG-1" General Commercial District to the "RE/SP" Residential Estate District with a Special Permit for a boat and recreational vehicle storage facility, and in reference to 0.552 acres out of Lots 7 and 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts (Tract 2) from the "RE" Residential Estate District and "CG-1" General Commercial District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-CCSemloh Partnership, Ltd. Ordinance(PC)SP-CCSemloh Partnership, Ltd Ordinance(Applicant) CG2-CCSemloh Partnership, Ltd Zoning Report-CCSemloh Location Maps -CCSemloh Partnership Corpus Christi Page 7 Printed on 7/25/2016 City Council Meeting Agenda-Final-revised July 26,2016 15. 16-0800 Public Hearing and First Reading Ordinance - Rezoning property located at 1322 Rhew Road Case No. 0616-06 Isaias Franco: A change of zoning from the "R-MH" Manufactured Home District to the "IL/SP" Light Industrial District with a Special Permit on Tract 1 for a concrete batching plant and to the "IL" Light Industrial District on Tract 2. Tract 1 is described as a 4.00-acre tract and Tract 2 is described as a 25.003-acre tract, both tracts being out of the Anthony C. Page Survey 591, Abstract 1010 and the A.M. French Survey 312, Abstract 1018. The subject property is located on the east side of Rhew Road between Leopard Street and Sedwick Road. Planning Commission and Staff Recommendation (June 29, 2016): Tract 1: Approval of the "IL/SP" Light Industrial District with a Special Permit subject to nine conditions. Tract 2: Approval of the "IL" Light Industrial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Isaias Franco ("Owner"), by changing the UDC Zoning Map in reference to Tract 1, described as a 4.00-acre tract, to the "IL/SP" Light Industrial District with a Special Permit for a concrete batching plant, and in reference to Tract 2, described as a 25.003-acre tract, to the "IL" Light Industrial District, both tracts being out of the Anthony C. Page Survey 591, Abstract 1010 and the A.M. French Survey 312, Abstract 1018; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo- Isaias Franco Ordinance - Isaias Franco Zoning Report-Isaias Franco Location Map- Isaias Franco N. REGULAR AGENDA: (ITEMS 16 - 19) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 16. 16-0753 Resolution authorizing a natural gas supply contract Resolution authorizing the City Manager, or the City Manager's designee, to execute a five-year natural gas supply contract with NextEra Energy Power Marketing, LLC ("NextEra"), Juno Beach, Florida for an estimated amount$125,000,000.00, of which $1,500,000.00 is needed for the remainder of the FY 2015-2016, for the purchase of 100% of the City's natural gas requirement from August 1, 2016 to July Corpus Christi Page 8 Printed on 7/25/2016 City Council Meeting Agenda-Final-revised July 26,2016 31, 2021. Attachments: Agenda Memo-Natural Gas Supply Resolution -Gas Supply Contract v3 Contract-Corpus Natural Gas Supply (Final 7-15-16) NEPM Form 1295 17. 16-0858 One Reading Action Item - Engineering Contract for Water System Assessment and Optimization Ordinance amending the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to add Project No. E16332 City of Corpus Christi Water System Assessment and Optimization; transferring funds in the amount of$555,000 from Water Capital Reserves; and authorizing the City Manager or designee to execute a contract for professional services with Hazen and Sawyer of Corpus Christi, Texas in the amount of$500,000 for the City of Corpus Christi Water System Assessment and Optimization Project; and declaring an emergency. Attachments: Agenda Memo-Water Assessment Optimization Ordinance -Water Assessment Optimization Project Budget-Water Assessment Optimization Location Map-Water Assessment Optimization Contract-Water Assessment Optimization Presentation -Water Assessment Optimization Form 1295 18. 16-0871 One Reading Action item -Authorization to declare emergency and expedite procurement of goods and services associated with water quality Resolution declaring an emergency and expediting the procurement of goods and services necessary for water quality improvements in an amount not to exceed $2,720,000, and authorizing the City Manager, or designee, to execute all documents necessary for these emergency procurements pursuant to State law and Article X, Section 2 of the Charter of the City of Corpus Christi. Attachments: Agenda Memo-Authorization for master list procurements (Water) (2) Resolution -Master List COF- Master List 19. 16-0844 One Reading Action Item - Transfer of Wastewater Reserves to expedite payment to contractor for work already completed Ordinance authorizing transfer of Wastewater Reserves in the amount of$241,335.85 in Fund No. 4249 to project E16331 for payment to National Power Rodding for emergency wastewater repairs on May 17 Corpus Christi Page 9 Printed on 7/25/2016 City Council Meeting Agenda-Final-revised July 26,2016 and May 22, 2016; changing the FY 2015-2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase expenditures by $241,335.85; and declaring an emergency. Attachments: Agenda Memo- National Power Rodding WW Emergency Repairs.docx Ordinance - National Power Rodding (Emergency)REV.docx Form 1295- - National Power Rodding WW Emergency Repairs O. FIRST READING ORDINANCES: (ITEMS 20 -26) 20. 16-0842 First Reading Ordinance -Accepting a grant from KaBOOM! and a donation from Beautify Corpus Christi Association (BCCA) to build a playground and improve Dr. H. C. Dilworth Park Ordinance authorizing the City Manager or designee to execute documents to apply for and accept park equipment estimated value of $300,000 from KaBOOM! for park improvements at Dr. H. C. Dillworth Park and to accept $8,500 in donated funds from Beautify Corpus Christi Association, and to appropriate said funds in the no. 4720 Community Enrichment Fund for the park improvements. Attachments: Agenda Memo- KaBOOM! Ordinance - KaBOOM! Standard Community Partner Agreement-2016 KaBOOM! -Corpus Christi Project Summary -2016 Build it with KaBOOM! 21. 16-0751 First Reading Ordinance -Amending City Code regarding Sister City Committee Ordinance amending City Code of Ordinances regarding Sister City Committee and authorizing the City Manager or designee to execute a Memorandum of Agreement with the Corpus Christi Convention and Visitors Bureau regarding management of the committee Attachments: Agenda Memo for Sister City Committee Ordinance to Amend Sister City Committee V3 MOA Sister City Committee Sister City Presentation 22. 16-0714 First Reading Ordinance - Exemption from the Wastewater Acreage/Lot Fees for Nueces Garden No.2, Lot 49A located south of Leopard Street and west of Starlite Lane within Allison Service Area Ordinance exempting Nueces Garden No.2, Lot 49A located south of Leopard Street and West of Starlite Lane, from the payment of wastewater lot and acreage fees pursuant to Section 8.5.2.G.1. of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. Corpus Christi Page 10 Printed on 7/25/2016 City Council Meeting Agenda-Final-revised July 26,2016 Attachments: Agenda Memo- Nueces Garden, Lot 49A Ordinance - Nueces Garden, Lot 49A WW Exemption ALL Letter- Nueces Gardens. Wavier from fees Presentation -WW Lot Ac Exemption Nueces Gardens 23. 16-0808 First Reading Ordinance -Approving agreement and appropriating funds to reimburse developer for the construction of a water distribution main located alongside Up River Road, south of Interstate Highway 37, east of McKenzie Road and north of Leopard Street. Ordinance authorizing city manager or designee to execute a distribution main extension and construction and reimbursement agreement ("Agreement") with Vantage at Corpus Christi, LLC., ("Developer"), for the construction of a water distribution main line and appropriating $4,154.50 from the No. 4030 Water Distribution Main Trust Fund to reimburse the Developer in accordance with the Agreement. Attachments: Agenda Memo-Vantage at Corpus Christi, LLC-Vantage at Up River Road ORD vFinal Form 1295 Vantage at Up River Road, Blk 1, Lot 1 24. 16-0746 First Reading Ordinance - Closing a utility easement located at 4000 S. Staples Ordinance abandoning and vacating a 0.041-Acre portion of an existing utility easement out of a part of Lots 7 and 8, Block 5 of Hamlin Place Unit 2-Corpus Christi Subdivision, located at 4000 S. Staples and requiring the owner, American Electric Power (AEP) Texas Central Company, to comply with the specified conditions. Attachments: Agenda Memo-Southside Substation Easement Closure Ordinance ALL Location Maps-Southside Substation - Easement Closure 25. 16-0796 First Reading Ordinance -Authorizing a Participation Agreement for Bicycle Sharing Program with the Corpus Christi Downtown Management District Ordinance authorizing the City Manager or designee to execute a participation agreement for Bicycle Sharing program with the Corpus Christi Downtown Management District for $90,000 over 3 years; and authorizing the City Manager or his designee to execute Licenses for Use of City Property to install bicycle racks for bicycle sharing service with Zagster, Inc (" Licensee") Corpus Christi Page 11 Printed on 7/25/2016 City Council Meeting Agenda-Final-revised July 26,2016 Attachments: Agenda Memo- DMD Bike Share Program Ordinance - Bike Sharing 2016 Agreement- DMD Bike Share Program Executed Exhibit A-Possible Locations Exhibit B -DMD and Zagster Agreement Presentation - Bike Share 26. 16-0802 First Reading Ordinance -Appropriating estimated increased revenues related to Warehouse merchandise sold Ordinance appropriating estimated increased revenues of$700,000 in the No. 5010 Stores Fund to cover projected increased expenses in the City's Warehouse related to the cost of Warehouse merchandise sold and amending the FY 2015-2016 operating budget adopted by Ordinance No. 030620 by increasing revenues and expenditures by $700,000 each. Attachments: Agenda Memo for Appropriation for Warehouse Sales 7-26-16.doc Ordinance Warehouse Addl Rev Appropriation vFinal 20160708 P. FUTURE AGENDA ITEMS: (ITEMS 27 - 31) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 27. 16-0832 Setting the City Council Meeting Date to Adopt the Property Tax Rate Motion setting September 13, 2016 as the date of the adoption of the ad valorem tax rate of$0.606264 per $100 valuation. Attachments: Agenda Memo-Ad Valorem Tax Rate Meeting 071616.doc 28. 16-0834 Scheduling Two Public Hearings Related to Fiscal Year 2016-2017 Property Tax Motion setting a public hearing on the ad valorem tax rate for August 23, 2016 and a second public hearing for August 30, 2016 during the City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. Attachments: Agenda Memo-Two Public Hearings 29. 16-0801 Resolution for the purchase of Body Worn Video Cameras for the Police Department Resolution authorizing the City Manager, or designee, to purchase body worn video cameras for the Police Department from Coban Technologies Inc., of Houston, Texas, for a total cost of$130,414.00. Corpus Christi Page 12 Printed on 7/25/2016 City Council Meeting Agenda-Final-revised July 26,2016 Funding is available in Police Grants Fund FY 2015-2016. Attachments: Agenda Memo- Body Cameras Resolution Sole Source Coban Body Cameras vFinal 20160708.docx Price Sheet Body Cameras 30. 16-0807 Purchase of 37 Ford Explorer Vehicles for the Police Department Motion approving the purchase of 37 Ford Explorer Vehicles from Caldwell Country Ford-Chevrolet, Caldwell, Texas for a total amount of $1,077,680.90. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative (TLGPC), dba BuyBoard. Funds have been budgeted by CC Crime Control and Fleet Maintenance Services in FY 2015-2016. Attachments: Agenda Memo- Police Vehicles Price Sheet- Police Vehicles 31. 16-0708 Renewal of state and federal external legislative consultant contracts Motion authorizing the City Manager to execute 24-month renewal agreements for governmental relation services with Focused Advocacy for state governmental relations services for$108,000 per year plus reasonable expenses and with Meyers & Associates for federal governmental relations services for$78,000 per year plus reasonable expenses. Attachments: Council memo-2016 renewal of state &federal lobby contracts Focused Advocacy Contract Renewal 090116 Meyers Assoc renewal 090116 Attachment- 16-0708 Q. BRIEFINGS: (ITEMS 32 - 34) 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. 32. 16-0860 Bond Continuation Projects Attachments: Agenda Memo- Bond Continuation Projects docx Presentation - Bond Continuation Proiects.pptx 33. 16-0861 Draft Ballot Language for November 8, 2016 Special Election Attachments: Agenda Memo- Ballot Language Special Election 2016 07-26-16 Ordinance - Draft Special Election 2016 2 Corpus Christi Page 13 Printed on 7/25/2016 City Council Meeting Agenda-Final-revised July 26,2016 34. 16-0838 Discussion regarding Nueces County's application to the Secretary of State for participation in the Countywide Polling Place Program Attachments: Agenda Memo-Countywide Polling Places Application Countywide Polling Places- FAQ Countywide Polling Place Program-SOS memo R. APPEALS OF DECISIONS OF THE BUILDING STANDARDS BOARD (ITEMS 35 - 36) Each Appeal will proceed using the following format: a. Statement of Facts—5 minutes b.Appellant's Oral Presentation of Written Notice of Appeal(up to 5 minutes) (Appellant may be questioned by City Council and City Attorney) c. Public Hearing(three minutes per speaker) d. City Staff Response—up to 5 minutes(City Staff may be questioned by City Council) e. Council Action- Three options: 1. Deny the appeal(uphold the Building Standards Board's decision) 2. Sustain the appeal(reverse the board's decision) 3.Amend the board's decision(in whole or in part) 35. 16-0820 Consideration of an appeal filed by Oscar De Los Santos of the Building Standards Board's decision to require demolition of the residential and accessory structures of the property located at 3769 Wilson Drive. Attachments: Agenda Memo-3769 Wilson Drive Resolution -3769 Wilson Drive Revised Affirming BSB Order Final Order for 3769 Wilson BSB Minutes 11-19-16 Timeline -3769 Wilson (11-2015) 3769 WILSON ABATEMENTS 3769 WILSON - EVIDENCE PHOTOS 3769 WILSON - LOCATION MAP&AERIAL Notice of Appeal -3769 Wilson - De Los Santos 12-12-15 Notice of City Council Meeting - BSB Appeal 36. 16-0824 Consideration of an appeal filed by Beatrice Rodriguez of the Building Standards Board's decision to require demolition of the residential and accessory structures on the property located at 4501 Mokry Drive. Corpus Christi Page 14 Printed on 7/25/2016 City Council Meeting Agenda-Final-revised July 26,2016 Attachments: Agenda Memo-4501 Mokry Drive Resolution -4501 Mokry Drive Affirming the BSB Order Final Board Order for 4501 Mokry Minutes BSB Hearing 3-31-2016 Timeline -4501 Mokry 4501 Mokry Evidence Photos 9-3-15 & 10-15-15 4501 Mokry Map&Aerial Notice of Appeal - Rodriguez, Beatrice 206-04-12 Notice of City Council Meeting - BSB Appeal ABATEMENTS 4501 Mokry 4501 Mokry Abatement Photos 9-5-15 Exterior Condition 6-24-16 &7-8-16 S. ADJOURNMENT Corpus Christi Page 15 Printed on 7/25/2016 CorCorpus Christi 1201 Leopard Street F' Corpus Christi,TX 78401 r& cctexas.com Meeting Minutes City Council Tuesday,July 19,2016 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 Rabbi Ilan Emanuel, Congregation Beth Israel. Rabbi Ilan Emanuel gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Teri Barrera, Executive Assistant to Police Chief, Police Department. Executive Assistant to Police Chief Teri Barrera led the Pledge of Allegiance. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Margie C. Rose, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Present: 9- Mayor Nelda Marti nez,Council Member Rudy Garza,Council Member Michael Hunter,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lucy Rubio,Council Member Brian Rosas,Council Member Mark Scott, and Council Member Carolyn Vaughn E. Proclamations /Commendations: (NONE) G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Martinez deviated from the agenda and referred to City Manager's Comments. City Manager Margie C. Rose provided information the following topics: a. OTHER Corpus Christi Page 1 Printed on 7/22/2016 City Council Meeting Minutes July 19,2016 1) The Health District has established a 24-hour hotline to assist and provide information regarding the Zika virus. The hotline number is 361-826-7204.2) The Corpus Christi International Airport is treating travelers to live music from a variety of local musicians on Thursday and Friday afternoons until mid-August. 3)The final Wastewater Management Plan public meeting will be held Thursday,July 28,2016 at Del Mar College Center for Economic Development, 3209 Staples, Room 106. Participants will learn about three of the ten short-listed plan alternatives and have an opportunity to provide feedback. H. MINUTES: 1. Regular Meeting of July 12, 2016 Mayor Martinez referred to approval of the minutes. Council Member McIntyre made a motion to approve the minutes,seconded by Council Member Rubio and passed unanimously. I. BOARD &COMMITTEE APPOINTMENTS: 2. Ethics Commission Mayor Martinez referred to board and committee appointments. The following appointment was made: Ethics Commission Council Member McIntyre nominated Craig Rogers. Council Member Rubio nominated Rob Bailey. Rob Bailey was appointed with Council Members Vaughn, Rubio, Scott, Martinez, Garza, Magill, Hunter, and Rosas voting for Rob Bailey and Council Member McIntyre voting for Craig Rogers. J. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 3 - 23) 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 Item 6 was being pulled by staff to address a minor correction. Council members requested that Items 12 and 22 be pulled for individual consideration. Council Member Garza made a motion to approve the consent agenda items, seconded by Council Member McIntyre. The consent agenda items were passed and approved by one vote as follows: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Corpus Christi Page 2 Printed on 7/22/2016 City Council Meeting Minutes July 19,2016 3. Resolution ratifying the submission of a grant application for the Man-Portable X-ray Units project Resolution ratifying the submission of a grant application in the amount of$82,985.59 to the Office of the Governor for the Man-Portable X-ray Units project; and authorizing the City Manager or the City Manager's designee to accept, reject, alter or terminate the grant. This Resolution was passed on the Consent Agenda. Enactment No: 030888 4. Resolution ratifying the submission of a grant application for SWAT Ballistic Protection Equipment Resolution ratifying the submission of a grant application in the amount of$181,873.20 to the Office of the Governor for the SWAT Ballistic Protection Equipment project; and authorizing the City Manager or the City Manager's designee to accept, reject, alter or terminate the grant. This Resolution was passed on the Consent Agenda. Enactment No: 030889 5. Approving the lease of six trucks for the Utilities Department Motion approving the lease of six trucks from PV Rentals, for the amount of$65,880 based on a cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative, dba BuyBoard, of which $16,470 is required for the remainder of FY 2015-2016. Funds have been budgeted by the Utilities Department. The remaining contract balance will be funded through FY2016-2017. The term of the contract will be for one year with no extensions. This Motion was passed on the Consent Agenda. Enactment No: M2016-073 7. Change Order No. 2 for the City-Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity (IDIQ) Program Motion authorizing the City Manager, or designee, to execute Change Order No. 2 with National Power Rodding Corporation of Chicago, Illinois in the amount of$596,194.57 for a total restated fee of $3,437,500.00 for the City-Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity (IDIQ) Program (Program). This Motion was passed on the Consent Agenda. Corpus Christi Page 3 Printed on 7/22/2016 City Council Meeting Minutes July 19,2016 Enactment No: M2016-075 8. Purchase of 30 Cabinet Assemblies with Cobalt Controllers and 5 individual Cobalt Controllers Motion approving the purchase of 30 Cabinet Assemblies with Cobalt Controllers and 5 individual Cobalt Controllers from Paradigm Traffic Systems, Houston, Texas based on a cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard, for the amount of$338,200.00. The Street Department has set aside funds in FY 2015-16 for this procurement. This Motion was passed on the Consent Agenda. Enactment No: M2016-076 9. Resolution for executing the Regional Transportation Authority (RTA) Notification for Additional Funding in 2016 Street Preventative Maintenance Program (SPMP) Resolution authorizing the City Manager or designee to execute the "Notification for Additional Funding in 2016 (Street Maintenance Program)" in an amount of$2,814,839.00 for the Corpus Christi Regional Transportation Authority's fiscal year 2016 allocation to the City's Street Preventative Maintenance Program (SPMP) projects. This Resolution was passed on the Consent Agenda. Enactment No: 030890 10. Construction contract for Greenwood Drive from Gollihar Road to Horne Road (Bond 2012, Proposition 1) Motion authorizing the City Manager, or designee, to execute a construction contract with HAAS-Anderson Construction, LTD of Corpus Christi, Texas in the amount of$3,789,579.60 for Greenwood Drive from Gollihar Road to Horne Road for the total base bid. (BOND 2012 Proposition 1) This Motion was passed on the Consent Agenda. Enactment No: M2016-077 11. Engineering Design contracts for North Beach Area Road Improvements and Area Beautification and Pedestrian Improvements and Area Enhancements (Bond 2012 - Proposition 8) Motion authorizing the City Manager, or designee, to execute Engineering Design Contracts with LJA Engineering, Inc. of Corpus Christi, Texas in the amount of$130,524.70 for the North Beach Area Corpus Christi Page 4 Printed on 7/22/2016 City Council Meeting Minutes July 19,2016 - Road Improvements and Area Beautification project and $121,358.39 for the North Beach Area - Pedestrian Improvements and Area Enhancements for engineering design services. (Bond 2012, Proposition 8) This Motion was passed on the Consent Agenda. Enactment No: M2016-078 13. Approving the purchase of Cisco SmartNet maintenance for the City's Network Infrastructure and Internet Equipment Motion authorizing the City Manager or designee to approve the purchase of three years Cisco SmartNet maintenance with Great South Texas Corp dba Computer Solutions of San Antonio, Texas, DIR-TSO-2542, for a total expenditure of$485,731.11. Funds are available in the Information Technology Department FY2015-2016 budget. This Motion was passed on the Consent Agenda. Enactment No: M2016-080 14. Approving the expenditure of Type A funds for the rehabilitation of La Armada II Motion to approve the action of the Corpus Christi Business and Job Development Corporation, authorizing the expenditure of$150,000 of funding to the Corpus Christi Housing Authority for the rehabilitation of La Armada II. This Motion was passed on the Consent Agenda. Enactment No: M2016-081 15. Resolution authorizing the emergency expenditure for HVAC repair at the American Bank Center Resolution authorizing the emergency expenditure of$70,000 for HVAC repair at the American Bank Center, which was approved by the Corpus Christi Business and Job Development Corporation on May 16, 2016. This Resolution was passed on the Consent Agenda. Enactment No: 030891 16. Second Reading Ordinance - Rezoning property located at 2302 and 2314 Saratoga Boulevard (1st Reading 7/12/16) Case No. 0616-04 Kitty Hawk Development, Ltd.: A change of zoning from the "CG-1" General Commercial District to the "IL" Light Industrial Corpus Christi Page 5 Printed on 7/22/2016 City Council Meeting Minutes July 19,2016 District. The property to be rezoned is described as being a 2.8 acre tract of land encompassing all of Lots 1 through 3, Block 10, Saratoga Place and a portion of Lots 4 through 9 and a portion of Lot 12, Block 10, Saratoga Place, located on the north side of Saratoga Boulevard (State Highway 357) and approximately 120 feet west of Ayers Street. Planning Commission and Staff Recommendation (June 1, 2016): Denial of the change of zoning from the "CG-1" General Commercial District to the "IL" Light Industrial District and, in lieu thereof, approval of the "IC" Industrial Compatible District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Kitty Hawk Development, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 2.8 acre tract of land encompassing all of Lots 1 through 3, Block 10, Saratoga Place and a portion of Lots 4 through 9 and a portion of Lot 12, Block 10, Saratoga Place, from the "CG-1" General Commercial District to the "IC" Industrial Compatible District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030892 17. Second Reading Ordinance - Rezoning property located at 3945 Crosstown Expressway (State Highway 286) (1st Reading 7/12/16) Case No. 0616-02 Coastal King, Ltd.: A change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District. The property to be rezoned is described as Lot 4, Block 4, Roseland Place, located on the northwest corner of Horne Road and Crosstown Expressway (State Highway 286). Planning Commission and Staff Recommendation (June 1, 2016): Approval of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Coastal King, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to Lot 4, Block 4, Roseland Place, from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030893 Corpus Christi Page 6 Printed on 7/22/2016 City Council Meeting Minutes July 19,2016 18. Second Reading Ordinance - Rezoning property located at 1402 Agnes Street (1st Reading 7/12/16) Case No. 0616-03 J.Z. Auto, LLC: A change of zoning from the "IL" Light Industrial District to the "Cl" Intensive Commercial District. The property to be rezoned is described as Lots 15 and 16, Block 3, Chamberlin's Subdivision, located on the northwest corner of Agnes Street and 12th Street. Planning Commission and Staff Recommendation (June 15, 2016): Denial of the rezoning from the "IL" Light Industrial District to the "Cl" Intensive Commercial District and, in lieu thereof, approval of the "CI/SP" Intensive Commercial District with a Special Permit subject to three conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by J.Z. Auto, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lots 15 and 16, Block 3, Chamberlin's Subdivision, from the "IL" Light Industrial District to the "CI/SP" Intensive Commercial District with a Special Permit; 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: 030894 19. Second Reading Ordinance -Accepting and appropriating Community Enrichment Funds for park improvements (First Reading 6/21/16) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $650,025.34 in developer contributions, other donations and interest earnings in the 4720 Community Enrichment Fund for park improvements and other related projects as described on the attached and incorporated Exhibit A. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030895 20. Second Reading Ordinance -Authorizing City Manager or designee to apply for, accept, and appropriate funds for the Texas State Library Archives Commission (TSLAC) items (1st Reading 6/21/16) Corpus Christi Page 7 Printed on 7/22/2016 City Council Meeting Minutes July 19,2016 Ordinance authorizing the City Manager or designee to execute documents to apply for and accept grants and reimbursements from the Texas State Library and Archives Commission (TSLAC); and to appropriate funds from TSLAC in the No. 1068 Library Grant Fund for said City programs. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030896 21. Second Reading Ordinance -Authorizing City Manager or designee to appropriate royalties from bequeathed oil, gas, and mineral interest funds to Library fund (1st Reading 6/21/16) Ordinance authorizing City Manager or designee to appropriate royalties received from oil, gas, and mineral interests bequeathed to the Corpus Christi La Retama Central Library by William T. Neyland into the Library Grants fund No 1068. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030897 23. Second Reading Ordinance -Amending Chapter 9 of the Code of Ordinances to allow for Transportation Network Companies (TNC) to operate at Corpus Christi International Airport(1st Reading 6/21/16) Ordinance amending Chapter 9 of the Code of Ordinances to establish provisions for transportation network companies and transportation network drivers to operate at the Corpus Christi International Airport; and providing for penalties, severance, publication, and an effective date. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030899 6. Supply Agreement for Liquid Cationic Polymer for treatment of potable drinking water Motion approving a Supply Agreement with Polydyne Inc. of Riceboro, Georgia for water treatment chemicals in accordance with Bid Invitation No. 116, based on the lowest responsive, responsible bid for an estimated annual expenditure of$345,390.00 of which $57,565.00 is budgeted by the Water Department for the remainder of FY 2015-2016. The terms of the contract will be for one year with options to extend for up to two additional one year periods, subject to the approval of the Supplier and the City Manager or designee. Corpus Christi Page 8 Printed on 7/22/2016 City Council Meeting Minutes July 19,2016 Mayor Martinez referred to Item 6. Assistant Director of Financial Services Kim Baker stated that there was a minor correction to the supply agreement. The supply agreement refers to Specification 1181, dated 9/29/2008 and the Scope of Work refers to the date of March 4,2016. When the procurement was being prepared, a previous specification that was dated 2008 was used. During the preparation of the solicitation package,the department decided to change the specifications and quantities, however,failed to change the reference in the agreement. The correction has been made and the vendor is aware of the correction. Council Member Garza made a motion to approve the motion, seconded by Council Member Scott. This Motion was passed and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: M2016-074 12. Construction Inspection Staff Augmentation Contracts Amendment No. 1 Motion authorizing City Manager, or designee, to execute Amendment No. 1 for nine Construction Inspection Staff Augmentation (CISA) contracts totaling $1,846,875 for a total not to exceed amount of $2,291,695 providing augmented Construction Inspection staff within Engineering Services Department. Mayor Martinez referred to Item 12, approval for amendments to Construction Inspection Staff Augmentation contracts.A council member asked what was being done to address equity issues with construction inspectors presently working for the City. Director of Engineering Services Jeff Edmonds stated that the internal equity issue will be looked at with the Engineering Performance Assessment Implementation Plan and staff will have to review the existing compensation plan. Council Member Magill made a motion to approve the motion, seconded by Council Member Rubio. This Motion was passed and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: M2016-079 22. Second Reading Ordinance -Amending City Code Chapter 57 to include revisions for vehicles for hire (1st Reading 6/21/16) Corpus Christi Page 9 Printed on 7/22/2016 City Council Meeting Minutes July 19,2016 Ordinance amending Chapter 57, Article II "TAXICABS" of the Corpus Christi Code; Amending Chapter 57, Article IIIA "LIMOUSINE AND SIGHTSEEING SERVICE" of the Corpus Christi Code; amending Sec. 57-284. - Transportation network company permit fee and Sec. 57-294. - Transportation network vehicles-Inspections of the Corpus Christi Code; providing an effective date, severance, penalty, and publication. Mayor Martinez referred to Item 22, regarding revisions to the vehicle-for-hire ordinance regarding taxi cabs. Interim Assistant City Manager Jay Ellington and Assistant City Attorney Buck Brice responded to council member questions regarding: the reasons for eliminating the fare cap; the number of taxi companies in the city; a comparison on fare caps in other cities; and whether removing the fare cap was requested by the taxi cab companies. Council Member Vaughn made a motion to keep the existing cap in Section 57-131 in the ordinance, seconded by Council Member McIntyre. There was continued discussion on the potential hourly rate,flat rate cap in zones; and the minute rate. City Attorney Miles K. Risley stated that staff would make changes to the ordinance and provide recommendations for the maximum rate in the flat rate zones and bring back the second reading of the ordinance after executive session. Council Member Vaughn rescinded her motion and Council Member McIntyre rescinded her second. Enactment No: 030898 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 choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Mayor Martinez deviated from the agenda and referred to comments from the public. William Goldston, 13721 Tajamar Ct.,spoke on behalf of the Island Strategic Action Committee regarding: concerns with inconsistency of code enforcement on the beach and an update on the Mustang/Padre Island Area Development Plan. Rick Montes,4040 Schanen Boulevard#142, provided suggestion on various businesses needed in the community. Chris Phelan, 1321 Ayers, expressed concern for the lack of water quality in the City. Isabel Araiza, 326 Poenisch,spoke regarding the quality of City water and the City's future water supply. Carolyn Moon,4902 Calvin,spoke regarding the expenses related to desalination and taking care of the needs of the community. Linda Gibeaut,410 Southern,spoke regarding the budget process and encouraged the City Council to support the little issues that improve quality of life. Joe McComb, 5323 St.Andrews, questioned the professional engineer credentials Corpus Christi Page 10 Printed on 7/22/2016 City Council Meeting Minutes July 19,2016 of Assistant City Manager Mark Van Vleck. Joan Veith, 5701 Cain Drive,stated that she was thankful to live in a wonderful city like Corpus Christi. M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (NONE) O. FIRST READING ORDINANCES: (ITEMS 27 -29) 27. First Reading Ordinance -Accepting and appropriating State grant for motor vehicle theft enforcement Ordinance authorizing the City Manager or the City Manager's designee to execute all documents necessary to accept a grant from the Texas Automobile Burglary Theft Prevention Authority (ABTPA) grant in the amount of$410,973 to continue the motor vehicle theft enforcement grant within the Police Department for Year 16, with a City match of$660,714, in-kind match of$55,985 in the No. 1020 Police General Fund, and program income match of$1,020 for a total project cost of$1,128,692; designating the Chief of Police as Program Director and Director of Finance as financial officer for this ABTPA grant; appropriating $410,973 from the ABTPA in the No. 1061 Police Grants Fund; and appropriating $1,020 in program income match in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant within the Police Department. Mayor Martinez deviated from the agenda and referred to Item 27. Police Chief Mike Markle stated that the purpose of this item is to execute all documents necessary to accept a grant from the Texas Automobile Burglary Theft Prevention Authority(ABTPA) grant in the amount of$410,973 to continue the motor vehicle theft enforcement grant for Year 16,with a City match of $660,714, in-kind match of$55,985, and program income match of$1,020 for a total project cost of$1,128,692. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Scott. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member McIntyre Abstained: 0 28. First Reading Ordinance -Appropriating abandoned/unclaimed monies from the Police Property Room Ordinance appropriating $5,573.49 from abandoned/unclaimed Corpus Christi Page 11 Printed on 7/22/2016 City Council Meeting Minutes July 19,2016 monies from the Police Property Room, changing the FY 2015-2016 Operating Budget adopted by Ordinance No.030620 by increasing revenue and expenditures in the General Fund No. 1020 by $5,573.49 each. Mayor Martinez referred to Item 28. Police Chief Mike Markle stated that the purpose of this item is to appropriate$5,573.49 from abandoned/unclaimed monies from the Police Property room. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the ordinance,seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 29. First Reading Ordinance -Accepting and appropriating a State grant and approving a Professional Services Contract for an Aquifer Storage and Recovery (ASR) Feasibility Study Ordinance amending the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to add Project No. E16265 Corpus Christi Aquifer Storage and Recovery (ASR) Feasibility Study; accepting a Texas Water Development Board grant in the amount of$433,388; appropriating $1,099,320 from Raw Water Supply Development Fund No. 4041; and authorizing the City Manager or designee to execute a Professional Services Contract with HDR Engineering, Inc. of Austin, Texas in the amount of $601,980 for an ASR Feasibility Study. Mayor Martinez referred to Item 29.Assistant City Manager Mark Van Vleck stated that the purpose of this item is to award the contract for an Aquifer Storage and Recovery(ASR) Feasibility Study.Assistant City Manager Van Vleck provided the following information:ASR fundamentals; the study background;the ASR service area;the reasons for the feasibility study;the study location;scope of the study; and schedule. Council members spoke regarding the following topics:the drilling and injection process;study location; scheduling an update to the City Council in 2017 to the schedule;the reasons for the ASR study;the amount of water lost due to evaporation;the advantages of the ASR; concerns with treating water prior to pumping;the capacity to treat at the O.N. Stevens Water Treatment Plant; releases during flood events; potential holding tanks or ponds to draw water to pump into aquifer;the length of time to complete the study;when the contract was last modified; and information on the agreed order. Mayor Martinez called for comments from the public.John Kelley, 3621 Austin, spoke regarding fresh water input in the bay. Council Member Scott made a motion to approve the ordinance,seconded by Council Member Rubio. This Ordinance was passed on first reading and Corpus Christi Page 12 Printed on 7/22/2016 City Council Meeting Minutes July 19,2016 approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 L. EXECUTIVE SESSION: (ITEMS 24 - 26) Mayor Martinez referred to the day's executive sessions. The Council went into executive session. 24. Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining matters, (including litigation) between the City of Corpus Christi and the Corpus Christi Firefighters Association. This E-Session Item was discussed in executive session. 25. Executive Session pursuant to Texas Government Code § 551.074 (personnel matters) to deliberate employment issues concerning Appeal to City Council from the Decision of the 580th Civil Service Board Appeal Hearing Regarding Santiago Hernandez Mayor Martinez referred to Item 25 and the following motion was considered: Motion to deny the appeal of Santiago Hernandez. Council Member Scott made a motion to approve the motion, seconded by Council Member Vaughn. 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 Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Hunter Abstained: 0 Enactment No: M2016-082 26. Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to conveyance, lease or sale of City property and pursuant to Texas Government Code § 551.072 to discuss and deliberate the purchase, exchange, lease, and/or value of City-owned property at/near State Highway 286 and/or Ayers Street where deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. This E-Session Item was discussed in executive session. Corpus Christi Page 13 Printed on 7/22/2016 City Council Meeting Minutes July 19,2016 P. FUTURE AGENDA ITEMS: (ITEMS 30 - 35) Mayor Martinez referred to the Future Agenda Items. City Manager Rose stated that staff had planned presentations on Items 32 and 35. A council member requested information on Item 33. 30. Approving a service agreement for a chemical vent hood replacement at the Police Department Motion approving a service agreement with Haldeman Homme, Inc. of Minneapolis, Minnesota with offices in Austin, Texas and Houston, Texas for the chemical vent hood replacement at the Corpus Christi Police Department, Forensics Division, in accordance with Bid Event No. 84, based on the lowest, responsive, responsible bid for an amount of$88,215.00. Funds are available in FY 2015-2016. This Motion was recommended to the consent agenda. 31. Approving the purchase of a Peterbilt Encore Light and Air Fire Rescue Unit Motion approving the purchase of a Peterbilt Encore Light and Air Fire Rescue Unit from Siddons-Martin Emergency Group, Houston, Texas for a total amount of$397,000.00. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative (TLGPC), dba BuyBoard. Funds have been budgeted by Fleet Maintenance Services in FY 2015-2016. This Motion was recommended to the consent agenda. 32. Approving Master Agreement for Facilities Multiple Award Contract (FMAC) for the Minor Construction, Repair, Rehabilitation, and Alteration of Facilities Motion authorizing the City Manager or designee to execute a Master Agreement for Facilities Multiple Award Contract (FMAC) for a one-year term with option to renew administratively for up to two one-year periods, with no guaranteed minimum and a maximum aggregate of$2,000,000 per agreement in any one year; authorizing the City Manager or designee to execute all Facilities Multiple Award Contracts thereunder not exceeding $500,000 with the following: Spaw Glass Barcom Construction Cruz Maintenance & Construction, Inc. J E Construction Services (Alternate Contractor) This Motion was recommended to the consent agenda. 33. Approving a service agreement for roof repair at Greenwood Corpus Christi Page 14 Printed on 7/22/2016 City Council Meeting Minutes July 19,2016 Senior Center Motion authorizing the City Manager, or designee, to execute a service agreement with South Texas Metal Roofing of Corpus Christi, Texas, for the roof repair of Greenwood Senior Center, in accordance with Bid Event No. 120, based on lowest, responsive and responsible bid for an amount not to exceed $184,250.00 and an additional 10% project contingency in the amount of$18,425 for unforeseen repairs. Funds have been budgeted through a Certificate of Obligation in FY 2015-2016. This Motion was recommended to the consent agenda. 34. Lease-purchase of four Peterbilt 367 trucks for Solid Waste Operations Motion approving the lease-purchase of four Peterbilt 367 trucks from Rush Truck Centers of Texas, L.P., of Houston, Texas for a total amount not to exceed $855,000.00. Two trucks will be truck tractors used to pull large refuse trailers and two trucks will be equipped with Heil low lift 22 ft. roll-off beds to carry roll-off refuse containers. The award is based on the cooperative purchasing agreement with the Houston-Galveston Area Council (H-GAC). (2) Peterbilt 367 Haul Truck Tractor (2) Peterbilt 367 with Roll-Off $343,922.00 $456,350.00 Total Lease-Purchase Price $800,272.00 Total Allowable Interest for Lease $54,728.00 Grand Total: $855,000.00 This Motion was recommended to the consent agenda. 35. Resolution authorizing a natural gas supply contract Resolution authorizing the City Manager, or the City Manager's designee, to execute a five-year natural gas supply contract with NextEra Energy Power Marketing, LLC ("NextEra"), Juno Beach, Florida for an estimated amount $125,000,000.00, of which $1,500,000.00 is needed for the remainder of the FY 2015-2016, for the purchase of 100% of the City's natural gas requirement from August 1, 2016 to July 31, 2021. This Resolution was recommended to the consent agenda. Corpus Christi Page 15 Printed on 7/22/2016 City Council Meeting Minutes July 19,2016 K. CONSENT AGENDA: (ITEM 22) 22. Second Reading Ordinance -Amending City Code Chapter 57 to include revisions for vehicles for hire (1st Reading 6/21/16) Ordinance amending Chapter 57, Article II "TAXICABS" of the Corpus Christi Code; Amending Chapter 57, Article IIIA "LIMOUSINE AND SIGHTSEEING SERVICE" of the Corpus Christi Code; amending Sec. 57-284. - Transportation network company permit fee and Sec. 57-294. - Transportation network vehicles-Inspections of the Corpus Christi Code; providing an effective date, severance, penalty, and publication. Mayor Martinez deviated from the agenda and returned to the discussion on Item 22 regarding revisions to the vehicle-for-hire ordinance regarding taxi cabs. City Attorney Miles K. Risley stated that the modifications to the ordinance were distributed by email to the City Council and staff has distributed hard copies.Assistant City Attorney Buck Brice provide a brief overview of the following changes to the ordinance: removal of Section 57.131(b) regarding the minute rate;the flat rate changed from (c)to(b)and the maximum rate per zone of$12.50 was added; and corrections changing Intercoastal Causeway Bridge to John F. Kennedy Memorial Causeway and Interstate 358 to State Highway 358.Assistant City Attorney Brice responded to questions regarding the cancellation fee and Section 57-132. Council Member McIntyre made a motion to amend the ordinance as stated by staff,seconded by Council Member Vaughn. Council Member McIntyre requested to amend the motion to include the word maximum to the beginning of Section 57-131 (a) before the word "rates". Council Member Vaughn accepted the amendment. The motion to amend was passed unanimously (Council Member Hunter-absent). Mayor Martinez called for comments from the public. Dan Steifel, 6773 Wood Iron Drive,spoke regarding the cap for taxi cabs and requested consideration to add a flat rate stop charge maximum. Council Member Vaughn made a motion to amend the ordinance to include a maximum flat rate zone stop fee of$5, seconded by Council Member Rubio and passed unanimously(Council Member Hunter-absent). Council Member Vaughn made a motion to approve the ordinance as amended, seconded by Council Member Rubio. This Ordinance was passed on second reading as amended and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Hunter Abstained: 0 Enactment No: 030898 Corpus Christi Page 16 Printed on 7/22/2016 City Council Meeting Minutes July 19,2016 Q. BRIEFINGS: (ITEMS 36 - 38) 36. Code of Ethics Recommendations from the Ethics Commission - Presented by Dr. Haysam Dawod, Chair Mayor Martinez referred to Item 36. Dr. Haysam Dawod, Chair of the Ethics Commission,stated that the Ethics Commission has completed their review of the City's Code of Ethics and the purpose of this item is to present the recommendations. The presentation team included Ethics Commission Member Larry White and Senior Assistant City Attorney Lisa Aguilar. The recommended changes are as follows: removal of Section 2-311(4)Special Privileges; expanding the "circle of influence" in Section 2-311(8)(A)Conflict of Interest; adding a new Section 2-311(8)(8) regarding Conflict of Interest to prohibit any City employee/official or their family member or friend from profiting from privileged information discussed in executive session; adding a new Section 2-311(8)(E)to prohibit a city official from using their position to influence a contract or business transaction before the City involving an individual or organization who contributed $2,700 or more to the official's most recent election campaign; adding new Section 2-311(16) and (17) Confidential Information; amending renumbered Section 2-311(21) by adding new subsection (E) regarding appointments to prohibit participation if the person contributed $2,700 or more to most recent election campaign; amending Section 2-316 Lobbyist by adding subsection (D)to prohibit person from registering as a lobbyist within 2 years of City service; amending Section 2-326(a)(3)to codify Ethics Commission current practice in reviewing annual financial disclosure statement to request additional information regarding possible conflict of interest; and expanding Section 2-330 Rules of Conduct to include provisions of the Preamble is Section 2-310. Council members and the presentation team discussed the following topics: concern that the elimination of Section 2-311(4)would mean there isn't a regulation; whether there is another section that states the language that is recommended to be removed in Section 2-311(4);the definition of"cause" in Section 2-311(4);the amendment to expand the "circle of influence" by adding clients; the definition of"recusal" in Section 2-311(8) new subsection (B)and whether"recusal"would be required throughout the entire process of a project once the financial portion is approved; how the amount of$2,700 for contributions was determined and whether this amount would relate to political action committees; removal of the $2,700 to make the conflict of interest more stringent and mirror the language in the City Charter in Section 2-311(21)(E) because the City Council is unable to exert influence under any circumstances; prohibited participation in appointments if the person contributed $2,700 or more to most recent election campaign;serving as guidelines when considering the viability of an ethics complaint;the expansion for the rules of conduct to include the Preamble;whether social media and professional conduct are part of the Ethics Ordinance;which recommendations from the Mureen report were excluded from the Ethics Commission's recommendations; Section 2-311(9) regarding conflicts of interest pertaining to non-profit board appointments; the list of officials updated annually by the Human Resources staff; and next steps. MOTION OF DIRECTION Corpus Christi Page 17 Printed on 7/22/2016 City Council Meeting Minutes July 19,2016 Council Member Magill made a motion directing the City Manager to amend Section 2-311(8)(E) by removing the language"$2,700 or more"from the ordinance, seconded by Council Member Vaughn and passed unanimously (Council Member Hunter-absent). 37. Water Supply (Discovery) - Demands Mayor Martinez referred to Item 37.Assistant City Manager Mark Van Vleck stated that the purpose of this item is to provide a presentation on the discovery of water supply and demands. Kristi Shaw, Project Manager with HDR Engineering, presented the following information:the presentation schedule; a map of the regional water supply system;the City's water supply relationships; historical water usage over the past 15 years; a graph illustrating drought preparedness; a graph representing the combined residential per capita water use and combined system storage; recent water demands based by customer class; a range of water demand projections provided by the Texas Water Development Board&Region N (Scenario 1)and current industrial trends (Scenario 2); the existing water supply, including Choke Canyon River/Lake Corpus Christi, Lake Texana, and Colorado River; how forward water supply planning has shaped the current supplies; an explanation of firm yield and safe yield; how existing supplies address future demands; and the demand related topics for the next presentation. Council members spoke regarding the following topics:safe yield reserve of 125,000 acre-feet;the timing of the model update; discussions with the Economic Development Corporation regarding the recovery of Eagle Ford Shale; predictability and scalability of water supply; exploring a request for information (RFI) process;strategies to prepare for alternative financial mechanisms to develop the next future water supply;the drought of record; the amount of water left in the lakes and rivers if the region were to experience another seven year drought; drought preparedness; the water supply with Mary Rhodes Pipeline Phase 2;the timeline for the next needed water supply; concerns with the industrial component affecting water supply; incentives for industry for conservation;the capacity of the water treatment plant;whether there are requirements to build or expand the plant; the status of the desalination pilot;whether the demands for the San Patricio Water District demands are based on actual usage or projected needs; the requirement that all water customers must comply with the drought management plan; Nueces County seeing the largest growth in water demand; how Stage 5 drought preparedness affect industry; including the RFI discussion during the presentation on future supply at September 20, 2016 Council meeting; presenting the agreed order as part of the presentation at the August 30,2016 Council meeting;the impact of population growth on water needs; the adoption of the water management plan;fire hydrant flushing schedules and the amount released. 38. Proposed Ballot Language for November 2016 Special Election Mayor Martinez referred to Item 38. City Secretary Rebecca Huerta and City Attorney Miles K. Risley presented this item. City Secretary Huerta stated that at the June 21,2016 Council meeting, the City Council reviewed the draft ballot language for the November 2016 Special Election. The Council requested revisions to the propositions regarding the 1/8th cent sales tax renewal and the designation of mayor pro tem; and removed the propositon regarding untreated water supply contracts. Additionally, at the July 12,2016 Council Corpus Christi Page 18 Printed on 7/22/2016 City Council Meeting Minutes July 19,2016 meeting,the Council fmade a motion to reconsider to remove the charter amendment proposition related to Council compensation. The purpose of this item is to present the ballot language for review and comments. City Secretary presented the propositions. Proposition 1 —Abolish part of Type A sales tax and adopt Type B sales tax. Discussion on Proposition 1 included: removal of the word "abolition"for the proposition language; Type A mandated language that must be incorporated in the ballot language; the expiration of the Type A sales tax; changing the effective date to April 1,2018; keeping the Type A and Type B language combined;the reason for the 20 year; clarifying the reason for the 20 year sales tax in supplemental information;the length of the ballot language; the majority of the ballot language referring to Type A sales tax that expires on March 31, 2018 with no action from the Council or the voters;simplifying the ballot language that speaks to the establishment of a Type B corporation on April 1, 2018; and language clarifying that the City is not replacing one tax with another. Based on the discussion, City Attorney Risley stated that he would provide two different scenarios for council review: 1)combined Type A and Type B language and 2)to authorize creation of the Type B sales tax effective on April 1, 2018. Proposition 2—Continuation of the Crime Control District Proposition 3—Residential Street Reconstruction Tax Discussion on Proposition 3 included: consideration of a sunset provision; belief that the voters would support the proposition if there was a review date; the effective date;the length of time for a sunset provision; rollback restrictions; discouraging growth in community for additional property taxes; increasing street user fee; charter provisions for a user fee; and details in the ordinance regarding professinal engineering services and utility work. Based on discussions, City Manager Risley stated that he would provide two proposition options, one with the sunset provision and one without. Proposition 4—Designation of Mayor Pro Tem Proposition 5—Increase term for procurement of Auditor Contracts Proposition 6—Allow appointment of alternative members to Civil Service Board Proposition 7—Comply with State law to allow city employees to file for election to municipal office Proposition 8—Allow issuance of bonds in accordance with State law Proposition 9—Amend waiting periods for city leases Proposition 10—Update legal references and clarify general powers Corpus Christi Page 19 Printed on 7/22/2016 City Council Meeting Minutes July 19,2016 Proposition 11 —Clarify purchasing procedures to comply with State law City Secretary Huerta reviewed the timeline as follows:staff would bring back the proposed changes to the Proposition 1 and 3 language on July 26th;the first reading ordinance calling the election is scheduled for August 9, 2016; and the second reading is scheduled for August 16, 2016 R. ADJOURNMENT The meeting was adjourned at 7:39 p.m. Corpus Christi Page 20 Printed on 7/22/2016 gyvs c� 00 1k �a o F v AGENDA MEMORANDUM N'ORPORpIEO Future Item for the City Council Meeting of July 19, 2016 1852 Action Item for the City Council Meeting of July 26, 2016 DATE: July 12, 2016 TO: Margie C. Rose, City Manager FROM: Mike Markle, Police Chief mikema(a).cctexas.com (361) 886-2601 Maria Pedraza, Procurement Manager mariape(c�cctexas.com (361) 826-3176 Chemical Vent Hood Replacement CAPTION: Motion approving a service agreement with Haldeman Homme, Inc. of Minneapolis, Minnesota with offices in Austin, Texas and Houston, Texas for the chemical vent hood replacement at the Corpus Christi Police Department, Forensics Division, in accordance with Bid Event No. 84, based on the lowest, responsive, responsible bid for an amount of $88,215.00. Funds are available in FY 2015-2016. PURPOSE: This is a motion to approve a service agreement to replace chemical vent hoods at the Corpus Christi Police Department, Forensics Division. BACKGROUND AND FINDINGS: The replacement of these chemical vent hoods in the Crime Laboratory of the Police Department's Forensic Services Division is vital to the occupational health and safety of employees. The current equipment was installed in 1991 when the main police building was moved to John Sartain St. Since that time the chemical vent hoods have become severely corroded, do not function and are in need of replacement. 45 vendors were notified of Bid Event via the City Supplier Portal, and only one bid was received. ALTERNATIVES: None. 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. DEPARTMENTALCLEARANCES: Police Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2015- Expenditures 2016 (CIP only) Current Year Future Years TOTALS Line Item Budget $631 ,681.34 $0 $631 ,681.34 Encumbered / Expended Amount 131,319.82 0 131,319.82 This item 88,215.00 0 88,215.00 BALANCE $412,146.52 $0 $412,146.52 Fund(s): Law Enforcement Trust Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION VENT HOOD REPLACEMENT BUYER: JEANNETTE P. TIJIERNA Haldeman Homme, Inc. Austin, Texas UNIT EXTENDED ITEM DESCRIPTION QTY. UNIT I PRICE PRICE 1 Purchase and installation of 96" chemical 1 each $47,889.00 $47,889.00 vent hood. Work to include demolition of existing fume hood, exhaust system and fan. Installation to be turnkey. 2 Purchase and installation of 48" chemical 1 each $40,326.00 $40,326.00 vent hood. Work to include demolition of existing fume hood, exhaust system and fan. Installation to be turnkey. Total: $88.215.00 o� ,� Service Agreement v Agreement No. 802 * RP R SFV CHEMICAL VENT HOOD REPLACEMENT THIS Chemical Vent Hood Replacement Agreement_("Agreement") is entered into by and between Haldeman Homme, Inc. ("Contractor"), of Minneapolis, Minnesota with offices in Austin, Texas and Houston Texas and the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), effective for all purposes upon execution by the City Manager or designee ("City Manager"). WHEREAS, Contractor has bid to provide Chemical Vent Hood Replacement in response to the City's Request for Bids ("RFB No. 84") which RFB with any related Scope of Work and specifications, and bid response, are incorporated by reference into this Agreement as Exhibits "1 and 2"; WHEREAS, the City has determined Contractor to be the lowest, responsive, responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Scope. Contractor will provide Chemical Vent Hood Replacement ("Services") in accordance with this Agreement and the Scope of Work as shown in Attachment "A". 2. Term. This Agreement is for 17 weeks, commencing on the issuance of a notice to proceed. 3. Compensation and Payment. This Agreement is for a lump sum of $88,215 subject to authorized extensions and changes. Payments will be allowed in accordance with Attachment "B" Schedule of Prising. 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 or communications regarding this Page 1 of 6 City of Corpus Christi Service Agreement dated 6.24.16 Agreement must be directed to the Contract Administrator or designee ("Contract Administrator") as follows: John Hornsby, Forensic Services Supervisor Corpus Christi Police Department 321 John Sartain St. (361 ) 886-2636 JohnH@cctexas.com 5. Independent Contractor. Contractor will perform the Services as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 6. Insurance. Before Services can begin under this Agreement, the Contractor's insurance company (ies), must deliver a Certificate of Insurance, as proof of the required insurance coverage, to the Contract Administrator. Additionally, the Certificate must state that the Contract Administrator will be given at least 30 days notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. Insurance Requirements are outlined in Attachment "C". 7. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, materials and workmanship under this Agreement shall be warranted by the Supplier for a period of one year from date of installation and includes replacement of parts (except lamps) and labor. The warranty under this section shall survive the expiration or earlier termination of this agreement. B. Assignment. No assignment of this Agreement or of any right or interest contained in this Agreement by the Contractor is effective unless the City Manager first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 4. 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 on September 30th) is subject to appropriations and budget approval providing for such contract item as an expenditure in the budget. The City does not Page 2 of 6 City of Corpus Christi Service Agreement dated 6.24.16 represent that said budget item will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 10. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 11. Governing caw. This Agreement is subject to all federal, state and local laws, rules and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 12. Subcontractors. The Contractor may use subcontractors in connection with the Services to be performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless such subcontractors were named and included with the Contractor's response. In using subcontractors, the Contractor shall be 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. 13. Amendments/Extensions. This Agreement may be amended only in writing and upon execution by authorized representatives of both parties. Such amendment will be in the form of a change order or amendment. Extensions to this Agreement will be at the sole discretion of the City and if offered to the Contractor will be mutually agreed to in the form of a bilateral change order. 14. Termination. a. The City Manager may terminate this Agreement for Contractor's failure to perform the Services specified in this Agreement. Failure to keep any required insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor 10 days 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 Manager may terminate this Agreement immediately thereafter. b. Alternatively, the City Manager may terminate this Agreement without cause upon 30 days written notice to the Contractor. However, the City may terminate this Agreement upon 24 hours written notice to the Contractor for Contractor's failure to pay or provide proof of payment of taxes, as set out in this Agreement. Page 3 of 6 City of Corpus Christi Service Agreement dated 6.24.16 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 16. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 "Certificate of Interested Parties'' as part of this Agreement. 17. Notice. Notice may be given by fax, email, hand delivery or certified mail, postage prepaid, and is received on the day faxed, emailed or hand- delivered and on the third day after postmarked by the U.S. mail if sent certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attention: John Hornsby, Forensic Services Supervisor 1201 Leopard St. Corpus Christi, Texas 78401 Fax: (361) 886-2642 Email: JohnH@cctexas.com IF TO CONTRACTOR: Haldeman Homme, Inc. Attention: Drew Starr, Laboratory and Technical Facility Consultant 8120 Exchange Dr. Ste. 200 Fax: (612) 378-2236 Email: DStarr@HALDEMANHOMME.com 18. SeverabilRy. Each provision of this Agreement is considered to be severable and if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL Page 4 of 6 City of Corpus Christi Service Agreement dated 6.24.16 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 CONTRACT OR THE PERFORMANCE OF THIS CONTRACT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 20.Order of Precedence. In the event of conflicts or inconsistencies between this Agreement and its exhibits or attachments, such conflicts or inconsistencies will be resolved by reference to the documents in the following order of priority: a. this Agreement and its Attachments, b. the RFB documents including Addenda, c. the bid response. 21.Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Page 5 of 6 City of Corpus Christi Service Agreement dated 6.24.16 CONTRACTOR Signature: Printed Name: DA0 PAV P tVrJ Title: J`eN�'�' jV\AWftrX Date: � - 21- 1,& CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: APPROVED AS TO LEGAL FORM: Buck Brice (Date) Assistant City Attorney For City Attorney Attached: Attachment A: Scope of Work Attachment B: Schedule of Pricing Attachment C: Insurance Requirements Incorporated by Reference Only: Exhibit 1 : RFB No. 84 Chemical Vent Hood Replacement Exhibit 2: Contractor's Bid Response Page 6 of 6 City of Corpus Christi Service Agreement dated 6.24.16 ATTACHMENT A - SCOPE OF WORK VENT HOOD SPECIFICATIONS & SCOPE OF WORK PART 1 —GENERAL 1.01 SUMMARY A. Section Includes: 1. Bench-top High-Performance Laboratory Fume Hoods. 2. Service fixtures(ie.water,gas,etc.) and electrical service fittings in fume hoods. 3. Piping and wiring within service fittings, light fixtures, switches, and other electrical devices. 4. Fume hood base support. 5. Work Surfaces within fume hoods. 6. Laboratory sinks and cup sinks in fume hoods. 7. Filler panels and ceiling enclosures for fume hoods. 1.02 SCOPE AND CLASSIFICATION A. This specification covers the requirements for the purchase of bench mounted laboratory fume hoods for use with remote exhaust blower systems. Work to include demo of existing fume hoods,exhaust system and fans. Installation to be turn key. B. Bench-mounted laboratory fume hoods in 4 and 8-foot widths. Provide separate proposals for each size. C. This specification sets the intent for quality,performance and appearance. 1.03 REFERENCES A. The laboratory hoods must conform to the following regulations and standards. 1. SEFA 1-2010, Scientific Equipment and Furniture Association , Recommended Practices for Laboratory Fume Hoods 2. SEFA 8-2010, Recommended Practices for Laboratory Grade Metal Casework, 8.0 Cabinet Surface Finish Tests 3. NFPA 45-2011, National Fire Protection Association, Fire Protection for Laboratories Using Chemicals 4. ASTM E84-09C, ANSI 2.5, NFPA 255, UL 723,UBC 8-1 (42-1), Standard Test method for Surface Burning Characteristics of Building Materials 5. ASHRAE 110-95, American Society of Heating, Refrigerating, and Air-Conditioning Engineers,Method of Testing Performance of Laboratory Fume Hoods LABORATORY FUME HOODS 6. ANSI/AIHA Z9.5-2011, American Industrial Hygiene Association, Laboratory Ventilation 7. OSHA, Federal Register 29 CFR Part 1910, Occupational Safety & Health Administration, U.S. Department of Labor, Occupational exposures to hazardous chemicals in laboratories. B. The laboratory fume hoods must carry the ETL listed mark for the following. 1. UL 6 10 10-1 (formerly 3101-1), Underwriters Laboratories Inc., Electrical Equipment for Laboratory Use 2. CAN/CSA C22.2 No. 61010-1, Canadian Standards Association, Safety Requirements for Electrical Equipment for Measurement, Control and Laboratory Use 3. UL 1805,Underwriters Laboratories Inc., Standard for Laboratory Hoods and Cabinets C. 230 volt model fume hoods must carry the CE conformity marking as required by the Council of European Communities. 1.04 PERFORMANCE REQUIREMENTS A. General Design Requirements(See Part 2 for details) 1. Fume hoods shall function as ventilated, enclosed workspaces, designed to capture, contain and exhaust fumes,vapors and particulate matter produced or generated within the enclosure. 2. Fume hood shall be factory designed to function as a by-pass fume hood. 3. Structure and Materials of construction a. Hoods are of double-wall construction b. Powder-coated,cold rolled steel exterior C. Galvanized steel support members d. Sheet molded composite panel internal liner 4. Baffles a. Baffle slot pattern designed to optimize face velocity profile. b. Moving or adjustable baffles are not acceptable 5. Sash a. Maximum opening is 28". b. Unobstructed viewing height is 37.5". C. Hood incorporates a perforated sash handle to bleed air into the hood chamber directing fume concentrations away from the user's breathing zone. 6. Airfoil: a. Hoods are provided with an air foil across the bottom of the sash area to allow airflow into the hood regardless of user's position. 7. Besides the exhaust blower,no additional blowers are required for specified containment. 8. Access for maintenance is from both the front,interior,and exterior sides of the hood. 9. Services: a. Furnishing and delivering all service outlets, accessory fittings, electrical receptacles and switches, as listed in these specifications, equipment schedules or as shown on drawings. b. Plumbing fittings mounted on the fume hood superstructures shall be pre-plumbed per section 2.03. C. Final plumbing and electrical connections are the responsibility of the fume hood supplier and is included within the scope of work. LABORATORY FUME HOODS d. All electrical services are pre-wired to a single point internal junction box at the top right of the hood. B. Containment I. The purpose of this section is to set a standard of performance for the bidder's laboratory fume hood before award of contract, and may not necessarily represent the operating conditions of the hoods after installation. Before or after award of contract, owners may require representative witness to said testing at their option, with failure to meet passing criteria as grounds for rejection of the bidder. Test data shall be provided at no cost to the owner. 2. Evaluation of manufacturer's standard product shall take place in manufacturer's test facility meeting the following criteria. a. Lab to be located at manufacturer's place of business for the testing of bench- mounted laboratory hoods in accordance with ASHRAE Standard 110. b. Room shall accommodate hoods up to 16' wide, while maintaining sufficient area so that a minimum of 15 feet of clear space is available in front of and 5' on both sides of hoods for viewing tests. C. The facility's ventilation system shall have adequate heating and air conditioning so that room air temperatures can be maintained within the desired ranges. d. One hundred percent non-recirculated air to be both carbon and HEPA filtered to ensure removal of contaminants that could interfere with containment testing before entering the lab. C. Make-up air to the test room shall be ceiling-supplied through any combination of multiple diffusers to either minimize adverse airflow, or increase it depending on test objectives. f. Exhaust volumes shall be computer controlled and measured via AMCA calibrated orifices and flow station at each exhaust trunk. g. Room pressurization must be digitally monitored, and variable depending on test objectives. h. All equipment must be properly calibrated. i. Qualified personnel familiar with the laboratory and its operation shall be available to perform the test. j. Include the following instrumentation and test equipment: 1) Properly calibrated hot wire thermal anemometer capable of measuring air velocities from 10 to 600 ft/minute; correlate with computer data acquisition format to provide simultaneous readings at all points. 2) Theatrical smoke generator or other source of high volume smoke. 3) Smoke tubes or other source of localized smoke. 4) Leakmeter with traceable calibration, calibrated just before test,to indicated concentration of sulfur hexafluoride. 5) Tracer gas: Sulfur hexafluoride supplied from a cylinder with two stage regulator. 6) Adjustable mannequin, 5' 0' to 5'8" in height, with reasonable human proportions,clothed in a smock 7) Inclined manometer with graduations no greater than 0.2 inch of water. 8) Ejector system: Tracer gas ejector built to specific ASHRAE-110 requirements. 9) Critical orifice: Sized to provide tracer gas at four or eight liters per minute at an upstream pressure sufficient to maintain release rate. LABORATORY FUME HOODS 10) Data acquisition software to include HoodProTM and LabMeasureProTM from Exposure Control Technologies,Inc. 3. Hood shall be tested to ASHRAE 110 modified test method as detailed below. 4. Some fume hoods may use face velocity controls, motorized baffles, integral auxiliary make up, or supply fans. Because all of these devices are subject to failure, containment testing shall show both operational containment and product containment with these systems off. 5. Fume hood sashes shall be placed in their full open position, at least 28" from the work surface,unless noted otherwise. 6. Ambient Temperature: 68 to 74 degrees F 7. Average Face Velocity: Face velocity average shall be 60 fpm, as noted below in subsection 8.d,parts I and 2,plus or minus 5%. a. An imaginary grid is formed comprised of equal 12" by 12" squares, or smaller, across the face opening of the laboratory hood. Airflow velocity readings are taken at the intersections of these grids with calibrated hot wire anemometer over a twenty second period of time. Probes shall communicate readings to a computer data acquisition package, which will provide an average of each reading over the one-minute period and also an overall average upon completion of data acquisition. Face velocity shall be determined by averaging readings at the hood face. b. Average face velocity must be achieved without exceeding the CFM noted in part C. 8. Tracer Gas Detection: Hood shall achieve a rating of 4.OAMO.00 maximum average and 4.OAMO.01 maximum spike (unless specifically otherwise noted),wherein: a. 4.0 = tracer gas release in liters/minute, AM = as manufactured, 0.01 = tracer gas in parts per million(PPM) b. With the ejector body 6" from the rear of the sash plane,the test shall be conducted for each ejector position noted. 1) Left position with ejector 12" from the left interior wall. 2) Center position with ejector equidistant from the sidewalls. 3) Right position with ejector 12" from the right interior wall. C. Install mannequin positioned in front of the hood,centered on the ejector. d. Detector probes shall be placed 3" in front of the sash plane. The test shall be conducted for each detector probe position and corresponding face velocity. 1) Detector probe in the region of the nose and mouth of the mannequin. Test with average face velocity of 60 fpm. 2) With the mannequin height reduced 4", place detector probe in the chest of the mannequin, and even with the height of the ejector. Test with average face velocity of 60 fpm. C. Open tracer gas valve, and collect readings with a computer data acquisition package, which is capable of monitoring and visually recording a minimum of one reading per second for a minimal five minute time period for each position. f. The single control rating of the fume hood shall be the results of the test position yielding the highest average levels of tracer gas in any of the six mannequin/ejector configurations. g. With the ejector and mannequin in the center position,detector probe in the region of the nose and mouth of the mannequin, average face velocity of 60 fpm,tracer gas released, and concentration recorded, open and close the sash in a smooth motion. Test to be repeated three times,with peak values of 0.01 PPM or less. h. With the mannequin removed, the periphery of the hood is traversed by the probe at I" in front of the hood opening at a rate of 3 inches per second. The hood shall have a maximum perimeter reading of 0.03 PPM or less. LABORATORY FUME HOODS 9. Flow Visualization: a. Test the operation of the lower air bypass airflow opening and hood periphery by introducing light smoke under the air foil, and around the perimeter of the sash opening. If any smoke that enters the hood reverses directions and escapes from any of these locations,the hood fails this portion of the test and receives no rating. b. Introduce smoke along both walls and the hood floor in a line parallel to the hood face and 6 inches (152 mm) back into the hood. Define air movement toward the face of the hood as reverse airflow and define lack of movement as dead air space. All smoke should be carried to the back of the hood and out. C. Introduce a large volume of smoke at the work surface in the center of the hood, and 6" inside the plane of the sash. Define air movement toward the face of the hood as reverse airflow and define lack of movement as dead air space. All smoke should be carried to the back of the hood and out. d. All data on the above, including instrumentation and equipment, and test conditions shall be provided on a report, including the average face velocities, and a separate graph-type performance curve on all tracer gas tests for all required fume hood widths. Performance test data for a 6' representative hood shall be conducted by an independent testing agency and by a specific individual certified to perforin such tests by the National Environmental Balancing Bureau(NEBB). C. Efficiencies 1. The fume hood shall maintain constant volumetric rate (+/- 5 CFM) and static pressure losses (+/- 0.01" H2O) across all sash positions, unless the hood has a restricted by-pass for use with a variable air volume (VAV) system. 2. The fume hood shall demonstrate a minimization of the volumetric rate of air (CFM) requirement at any given face velocity. Required CFM to achieve desired face velocity shall not exceed that which is noted in the chart below. 3. The fume hood shall demonstrate a minimization of static pressure loss(inches of H2O)at any given CFM. Static pressure loss at desired face velocity, and corresponding CFM, shall not exceed that which is noted in the chart below. Face Velocity Airflow, Volumettric Rate (CFM) @ Static Pressure (inches of H2O) (fpm) Sash at 28" Open 3' Hood 4' Hood 5' Hood 6' Hood 7' Hood 8' Hood *There is not 100 495, 0.13" 725, 0.27" 955, 0.34" 1180, 0.46" 1410, 0.23" 1640, 0.31" a written 80 395, 0.08" 580, 0.17" 765, 0.22" 945, 0.29" 1125, 0.15" 1310, 0.20" standard that 60 295, 0.05" 435, 0.10" 575, 0.12" 710, 0.17" 845, 0.08" 985, 0.11" would suggest 50* 250, 0.03" 1365, 0.07" 1480, 0.09" 1 590, 0.11" 1 705, 0.06" 1 820, 0.08" a design face Face Velocity velocity below (fpm) Sash at Airflow, Volumettric Rate (CFM) @Static Pressure (inches of H2O) 60 fpm. This 18" Open 3' Hood 4' Hood 5' Hood 6' Hood 7' Hood 8' Hood data is for 100 310, 0.05" 450, 0.11" 595, 0.13" 735, 0.18" 880, 0.09" 1025, 0.12" informational 80 250, 0.03" 365, 0.07" 480, 0.09" 590, 0.11" 705, 0.06" 820, 0.08" purposes only. 60 185, 0.02" 270, 0.04" 360, 0.05" 440, 0.07" 525, 0.03" 615, 0.04" LABORATORY FUME HOODS D. Noise Criterion: The hood shall have a Noise Criterion (NC) rating of less than 50; measured 36" in front of the hood with full open sash, at 100 fpm face velocity. NC is a factor of sound pressure level(dB) and frequency. E. Illumination: Shall be a minimum average of 80 foot-candles inside the work area. Work area is defined as the area inside the lined portion of the fume hood, from the face of baffle to sash plane,from interior left to interior right, and from the work surface to a height of 28 inches. F. Materials of Construction: Interior and Exterior materials of construction and finishes shall meet the requirements in Part 2 of this specification. 1.05 QUALITY ASSURANCE A. Fume hoods shall be designed, including comprehensive engineering analysis, by a qualified, licensed Professional Engineer. B. Manufacturer's Qualifications 1. ISO 9001 Certified manufacturing plant and processes. 2. Ten installations of equal or larger size and requirements. Provide contact at each. 3. Only hood manufacturers who have had fume hoods as a principal product for 50 years are considered. C. Fume hoods shall be Made in America 1. 95% or more of raw material and component suppliers shall be United States based. 2. Stainless and cold rolled steel used in manufacturing shall be sourced from United States steel mills. 3. Final product must be fabricated and assembled within the United States of America. 4. Owner reserves the right to evaluate Made in America claims for compliance with the Bureau of Consumer Protection. D. Supply all equipment in accordance with this specification. Offering a product differing in materials, construction, or performance from this specification requires written approval obtained seven days or more before the proposal deadline. E. The owner/architect reserves the right to reject qualified or alternate proposals and to award based on product value where such action assures the owner greater integrity of product. F. Manufacturer's warranty against defects in material or workmanship on its fume hoods will be for 1 year from date of installation or 2 years from date of purchase, whichever is sooner, and includes replacement of parts(except lamps) and labor. 1.06 SUBMITTALS A. Action Submittals 1. Laboratory hood specification sheets and product manuals shall be submitted by the hood manufacturer upon request, and include safe and proper operation and maintenance information. 2. Shop Drawings: Include plans, elevations, sections,and details. LABORATORY FUME HOODS a. Indicate details for anchoring fume hoods to permanent building construction including locations of blocking and other supports. b. Indicate locations and types of service fittings together with associated service supply connection required. C. Indicate duct connections,electrical connections, and locations of access panels. d. Include roughing-in information for mechanical, plumbing, and electrical connections. C. Provide face opening,volumetric rates,and static pressure drop data. 3. Submit a document detailing the information supplied on the Hood Safety Practices Label to verify compliance to specifications. B. Informational Submittals 1. Product Test Reports: Showing compliance with specified performance requirements, including NEBB representative test report as defined previously. 2. Independent validation: a. Written verification that the laboratory fume hoods carry the ETL listed mark for the following. 1) UL 61010-1 (formerly 3101-1), Underwriters Laboratories Inc., Electrical Equipment for Laboratory Use 2) CAN/CSA C22.2 No. 61010-1, Canadian Standards Association, Safety Requirements for Electrical Equipment for Measurement, Control and Laboratory Use 3) UL 1805, Underwriters Laboratories Inc., Standard for Laboratory Hoods and Cabinets b. Written verification that 230 volt model fume hoods carry the CE conformity marking as required by the Council of European Communities. C. Written verification from an outside testing agency confirming coating compliance to SEFA 8-2010, Recommended Practices for Laboratory Grade Metal Casework, 8.0 Cabinet Surface Finish Tests 3. Documentation of ISO 9001 Certified manufacturing plant and processes. 4. List of five installations (of equal or larger size and requirements) is available upon request. Provide contact at each. 5. Declaration of Made in America. Owner reserves the right to evaluate Made in America claims for compliance with the Bureau of Consumer Protection. C. Material Submittals 1. Samples for Verification: of the hood exterior wall material, interior liner and baffle material, epoxy work surface material, and color selection chips are available from the hood manufacturer upon request. LABORATORY FUME HOODS 1.07 DELIVERY, STORAGE,AND HANDLING A. Protect finished surfaces during handling and installation with protective covering of polyethylene film or another suitable material. B. Schedule delivery of equipment so that spaces are sufficiently complete that equipment can be installed immediately following delivery. 1.08 PROJECT CONDITIONS A. Environmental Limitations: Do not deliver or install fume hoods until building is enclosed,wet work and utility roughing-in are complete, and HVAC system is operating and maintaining temperature and relative humidity at occupancy levels during the remainder of the construction period. PART2-PRODUCTS 2.01 MANUFACTURERS A. Acceptable Manufacturer: Labconco Corporation, 8811 Prospect Avenue, Kansas City, Missouri 64132 B. Basis-of-Design Product: Labconco Protector XL 2.02 MATERIALS A. Hood Interior Liner and Baffle 1. Liner material must comply with UL 1805, and be listed within NRTL test report as proof of compliance. 2. General Material Properties a. Nonflammable,corrosion and chemical-resistant b. Sheet molded homogenous polyester panels C. Minimum thickness is 3/16" d. Smooth,white finish 3. Mechanical Properties a. Tensile Strength: 7,500 PSI(51.7 Mpa) b. Tensile Modulus: 1.7 x 10^6 PSI(11,700 Mpa) C. Flexural Strength: 21,000 PSI(145 Mpa) d. Flexural Strength at 130 degrees C: 12,900 PSI(89 Mpa) C. Compressive Strength: 32,500 PSI(224 Mpa) f. IZOD Impact Strength(Notched): 8.4 Ft Lb/in (4.5 Rem) 4. Flame and Smoke Characteristics a. Flame retardant, self-extinguishing, with a flame spread rating of 25 or less in accordance with ASTM-E84 b. Oxygen Index: 35% C. Smoke Density: 115 5. Physical Properties a. Water Absorption: 0.4% b. Specific Gravity: 4.81 LABORATORY FUME HOODS C. Coefficient of Thermal Expansion: 2 In/in/degree C x 10^-5 d. Thermal Conductivity: 1.9 BTU41r/Ft^2/In/degree F 6. Chemical Resistance a. Splash and Spill Resistance: 1) Suspend sample panel in a vertical plane 2) Apply five drops of each reagent listed with an eyedropper 3) Apply liquid reagents at top of panel and allow to flow down full panel height b. Fume Resistance: 1) Place 25 milliliters of reagent into 100 milliliters beakers and position panel over beaker tops in the proper sequence. Ensure beaker pouring lip permits air to enter the interior atmosphere. 2) After 24 hours remove panel, flush with water, clean with detergent, rinse, wipe dry and evaluate C. Evaluation ratings: Change in surface finish and function shall be described by the following numerical ratings 1) No Effect:No change in color or gloss 2) Excellent: Slight detectable change in color or gloss, but no change to the function or life of the work surface material 3) Good: Clearly discernible change in color or gloss, but no significant impairment of function or life 4) Fair: Objectionable change in appearance due to surface discoloration or etch,possibly resulting in deterioration of function over an extended period 5) Failure: Pitting, cratering or erosion of work surface material; obvious and significant deterioration d. Required minimum results for each reagent (Reagent: Fume Resistance Rating, Splash and Spill Resistance Rating) 1) Hydrochloric Acid(37%): 2,1 2) Sulfuric Acid(33%): 2,1 3) Sulfuric Acid(77%): 1,1 4) Sulfuric Acid(96%): 1,2 5) Formic Acid(90%): 2,1 6) Nitric Acid(20%): 2,2 7) Nitric Acid(30%): 1,2 8) Nitric Acid(70%): 3,2 9) Hydrofluoric Acid(48%): 2,2 10) Phosphoric Acid(85%): 1,1 11) Chromic Acid(60%): 1,4 12) Acetic Acid(98%): 1,1 13) Ammonium Hydroxide (20%): 1,1 14) Sodium Hydroxide (10%): 1,1 15) Sodium Hydroxide (20%): 1,3 16) Sodium Hydroxide (40%): 1,3 17) Sodium Hydroxide Flake: I,- 18) Sodium Sulfide: I,1 19) Zinc Chloride: 2,1 20) Tincture of Iodine: 3,3 21) Silver Nitrate: 2,1 22) Methyl Alcohol: 1,1 23) Ethyl Alcohol: 1,1 24) Butyl Alcohol: 1,1 LABORATORY FUME HOODS 25) Benzene: 1,1 26) Xylene: 1,1 27) Toluene: 1,1 28) Gasoline: 1,1 29) Dichloro Acetic Acid: 2,2 30) Dimethyl Formanide: 2,2 31) Ethyl Acetate: 1,1 32) Amyl Acetate: 1,1 33) Acetone: 1,1 34) Chloroform: 1,1 35) Carbon Tetrachloride: 1,1 36) Phenol: 2,2 37) Cresol: 1,1 38) Formaldehyde: 1,1 39) Trichloroethylene: 1,1 40) Ethyl Ether: 1,1 41) Furfural: 1,3 42) Methylene Chloride: 1,1 43) Mono Chloro Benzene: 1,1 44) Dioxane: 1,1 45) Methyl Ethyl Ketone: 1,1 46) Acid Dichromate: 1,2 47) Hydrogen Peroxide: 1,1 48) Napthalene: 1,1 B. Sheet Steel 1. Side panels and access panels 20-gauge (or heavier)sheet steel. 2. Hood corner posts are 16-gauge sheet steel. 3. Ceiling enclosure panels are 18 gauge sheet steel. 4. Cold-rolled,commercial steel(CS) sheet,complying with ASTM A 1008/A 1008M. C. Chemical Resistant Finish 1. General: Prepare, treat, and finish welded assemblies after welding. Prepare, treat, and finish components that are to be assembled with mechanical fasteners before assembling. 2. Chemical and Physical Resistance of Finish System: Finish complies with acceptance levels of cabinet surface finish tests in SEFA 8. Third party validation required. 3. Powder-coat process required. Paint processes that release Volatile Organic Compounds (VOC)are not acceptable 4. Color for Fume Hood Finish: As selected by architect from Manufacturer's full range D. Safety Glass 1. Tempered a. Clarity and temper test to be as specified in latest edition of Glass Tempering Association,Engineering Standards Manual, Section 8.1. b. Surface and interior visible quality to be as specified per ASTM C 1036,Standard Specification for Flat Glass,Table 4,Quality level Q3. LABORATORY FUME HOODS 2.03 CONSTRUCTION A. Superstructure: 1. Self-supporting, rigid structural assembly, to support inner wall consisting of fume hood liner and outer wall of sheet metal exterior. 2. Fabricated from galvanized steel. 3. Space shall accommodate fume hood wiring and plumbing components for service fixtures. 4. Access to fixture valves concealed in wall provided by exterior removable access panels, gasket access panels on the inside liner walls, or through removable access panels on the front posts. B. Exterior I. Fabricate from steel sheet with component parts screwed together. 2. Apply chemical-resistant fmish to interior and exterior surfaces of component parts before assembly. 3. Interchangeable side panels shall lift off without the use of tools to allow access to plumbing lines, service fittings, electrical wiring, counterbalance sash weights, and light fixtures. Exposed fasteners or hardware, and Velcro type fasteners, are not acceptable. 4. Corner posts a. Pre-punched and plugged to accommodate up to 4 service fixtures per side b. All services are accessible from the front of the hood. C. Aerodynamic shape d. Accommodate two electrical duplexes per side. C. Right hand corner post includes electrical switches and pre-cut for Airflow monitor installation. f. Un-used penetrations shall be plugged. 5. Top and sides of face opening to provide an aerodynamic shape to ensure smooth, even flow of air into fume hood. 6. Panel above header shall be removable without the use of tools to allow access to mechanical connection, electrical wiring, counterbalance sash weights, and light fixtures. Exposed fasteners or hardware,and Velcro type fasteners,are not acceptable. C. Dimensions 1. Overall exterior dimensions are as follows: a. 4 foot nominal width: 48"w x 59"h x 31.7' b. 8 foot nominal width: 96"w x 59"h x 31.7' 2. Overall interior dimensions are as follows: a. 4 foot nominal width: 38.1"w x 48"h x 23.6" b. 8 foot nominal width: 86.1"w x 48"h x 23.6" D. Hood Liner 1. Adhere interior liner components to superstructure. 2. Stainless steel fasteners shall be used on the interior ceiling for structural integrity. 3. Fasteners exposed to chemical environment are not acceptable. 4. Punch fume hood lining side panels to receive four service fittings, for use with remote controls, per side. Provide removable plug buttons for holes not used for indicated fittings. LABORATORY FUME HOODS 5. Each side wall shall include an oval interior access panel to provide access to the side wall of the fume hood for plumbing service access. Access panel material shall be that of the liner,and gasketed to form a vapor proof seal. E. Hood Baffle 1. Baffle system shall be designed to optimize the face velocity profile, and to capture a wide range of gaseous densities without adjustment or moving components. 2. Shall provide a continuous horizontal slot at the work surface. Baffle panels shall have multiple horizontal slots,with a chamfered entry. Slot pattern shall be proven to optimize face velocity profile. 3. The baffle system shall be constructed with the same material as the fume hood liner. 4. The baffles shall be removable for cleaning. The primary baffles shall be three pieces to allow removal without the use of tools. 5. Exposed components to be non-metallic. Metal components exposed to chemical environment are not acceptable. 6. Moving parts or adjustment of any kind is not acceptable. F. Exhaust Connection 1. 316 stainless steel with Chemical-Resistant Finish 2. 12.81" ID to accommodate any 12"nominal duct without the need for a transition adapter. 3, 4, 5, and 6-foot hoods have one exhaust connection, 7 and 8-foot hoods have two exhaust connections. Additional components required to accommodate 12" nominal mechanical system are not acceptable. 3. Ducting shall go inside the duct collar to ensure condensate travels into the hood and evaporates. Duct collars that allow duct connection over the collar are not acceptable. G. Airfoil 1. Cold Rolled Steel with Chemical-Resistant Finish. 2. Airfoil shall have an aerodynamic radius to sweep the air into the hood with minimal turbulence. Airfoil directs airflow across work top to remove heavier-than-air gases. 3. Must have 5 rows of perforations to allow the air to bypass underneath and through the foil and sweep across the work surface to prevent any back flow of fumes escaping from the front of the hood opening. This airflow continues even if blocked by the presence of the operator. 4. Foil must extend back under the sash to prevent closure of the lower by-pass opening when the sash is in the fully closed position,directly on top of the airfoil. H. Sash Assembly 1. Glass: Fully tempered safety glass with unobstructed, side-to-side view of fume hood interior and service fixture connections. 2. Dimensions: The full sash opening height is 28", the total unobstructed viewing height is 37.5" measured from the work surface. 3. Sash Tracks: Steel with Chemical Resistant Finish. Shall include bump stops for opening and closing. 4. Sash Handle: extruded aluminum with Chemcial Resistant Finish. Sash handle includes a perforated air passage directly atop the handle to bleed air into the hood chamber and direct chemical fumes away from the user's breathing zone. The handle is ergonomic in design and is easy to grasp when operating 5. Sash guides: Corrosion resistant extruded poly-vinyl chloride. 6. Sash System a. Vertical Sash(Chain and Sprocket) LABORATORY FUME HOODS 1) Hoods have a single vertical sash counterbalanced by a single weight. 2) Sash and weight to be connected via#35 chains. 3) Rear sprockets shall be connected via timing shaft to prevent sash tilting and permit one finger operation at any point along full width sash handle. Maximum 7 pounds pull required to raise or lower sash throughout its full length of travel. 4) Design system to hold sash at any position without creep and to prevent sash drop in the event of chain failure. 5) Include a defeatable, and automatically resetting sash stop positioned for an 18" sash height. I. Electrical Components 1. Lighting a. Provide UL Listed, high-efficiency, quick-start, T8 fluorescent lighting systems, including bulbs. 1) 4 Foot Hoods -2 each, 3-foot 25-watt fluorescent lamps 2) 5 Foot Hoods -2 each,4-foot 32-watt fluorescent lamps 3) 6 Foot Hoods-2 each,4-foot 32-watt fluorescent lamps 4) 8 Foot Hoods-4 each, 3-foot 25-watt fluorescent lamps b. Vapor-Proof. all electrical components shall be outside of the contaminated air space. Lighting shall be located behind a laminated safety glass shield, sealed to the top of the hood liner. C. The fluorescent light assemblies shall be serviceable from outside the fume hood cavity,without the use of tools. d. Light switch to be included on the lower right corner post, at heights compliant with the Americans with Disabilities Act(ADA). 2. Blower Switch a. Hoods shall be provided with blower switch, on the lower right corner post, at heights compliant with the Americans with Disabilities Act(ADA). 3. Electrical Receptacles a. The hoods shall accommodate up to four (two per corner post) electrical receptacles as indicted in schedule or drawings. Options to include: 1) 115 volt, 60 Hz,three-wire polarized and grounded electrical duplex 2) 115 volt, 60 Hz, three-wire polarized and grounded electrical duplex, with Ground Fault Circuit Interruption(GFCI) 3) 230volt, 60 Hz,three-wire polarized and grounded electrical duplex b. Receptacles shall be individually wired to field wiring box, and each rated at 20 Amperes. C. Cover plates shall be acid resistant thermoplastic. 4. Wiring a. Every electrical component shall be individually wired to a single point internal field wiring box(including individual duplexes/receptacles). b. Field wiring box to be 7" x 4" x 2.5", grounded, and have (12) 7/8" diameter knock out penetrations. C. Final wiring and circuit dedication is to be by others. d. Each receptacle circuit shall accommodate being wired to a dedicated building circuit rated at 20A, or the receptacles ganged together on a building circuit with the total load not exceeding 20 Amperes. 5. Fume hood to have third parry validation of compliance to UL 1805 and UL 6 10 10-1 by a Nationally Recognized Testing Laboratory(NRTL) LABORATORY FUME HOODS J. By-Pass Opening 1. The size of the by-pass opening is controlled by sash position for use with a constant volume mechanical system. The hood shall not have a change in static pressure or exhaust volume across all sash positions. K. Hood Safety Practices Label: Corrosion resistant plate attached to the left corner post of the fume hood with the following Hood Safety Practices: 1. For use with substances that produce hazardous levels of airborne chemicals: gas, fumes, vapors,dust 2. Do not put your head in the hood. 3. Minimize drafts and sudden movements in front of the hood. 4. Work a minimum of six inches inside the hood. 5. Elevate equipment above the work surface. 6. Keep sill and baffle unobstructed. 7. Do not use the hood for storage. 8. Adjust the sash to smallest opening possible when in use. 9. Close sash when unattended. 10. Do not remove any of the hood components. 11. Do not place flammable solvents near heat,flame or sparks. 12. Do not evaporate large amounts of flammable liquids. 13. Wipe up spills immediately. 14. Routinely validate airflow. 15. If the ventilation system malfunctions, or airflow alarm indicates unsafe condition, close sash and discontinue hood operation immediately-call for help. 16. Do not use with Biohazards and Perchloric Acid L. Fume Hood Accessories 1. Service Fixtures: Color-coded hose nozzle outlets and valves mounted inside the fume hood and controlled from the exterior with color-coded index handles a. The hoods are equipped without service fixtures. 2. Face Velocity Monitor/Alarm a. Shall not be included on EP rated hoods b. Digital Airflow Monitor 1) Provide audible and visual alarm in the event of an unsafe face velocity. 2) Alarm must sit flush with the fume hood corner post. 3) Based on a thermally compensated thermistor in the alarm module, and air passing through a separate airstream into the hood interior. 4) Velocity shall be displayed digitally on the user facing LCD in fpm or m/s. 5) LED lights display red for alarm, yellow for caution, and green for normal operation. 6) Must include external alarm and night setback functions. 7) Alarm mute shall be accessible from the front of the monitor; visual alarm must remain activated until alarm condition is corrected. 8) UL Listed electrical components 9) Calibration shall be through a menu driven step by step procedure. 10) Calibration is the responsibility of the owner, following a complete balancing of the mechanical system, and concurrently with As-Installed testing. 11) Must include external alarm and night setback functions. 12) Alarm mute shall be accessible from the front of the monitor; visual alarm must remain activated until alarm condition is corrected. LABORATORY FUME HOODS M. Work Surface 1. 1.25" thick, molded from solid modified epoxy resin, with smooth, non-specular, black finish. 2. One inch radius front edge for optimal fume hood performance. 3. 3/8" dished area to match the fume hood interior work space and form a water tight pan for spill containment. 4. Include a 2.5" diameter hole on each side for service pass-through and piping. Hole to be covered by hood superstructure upon installation. 5. Include two 1.5"diameter penetrations to accommodate base cabinet venting. Holes to be located outside of dished area and under the fume hood baffles. Include plugs. 6. Physical Properties: a. Flexural Strength: Not less than 10,000 psi (70 MPa). b. Modulus of Elasticity: Not less than 2,000,000 psi(1400 MPa). C. Hardness (Rockwell M): Not less than 100. d. Water Absorption(24 Hours): Not more than 0.02 percent. C. Heat Distortion Point: Not less than 260 deg F(127 deg Q. f. Flame-Spread Index: 25 or less per ASTM E 84. N. Supporting Base Cabinets 1. Base cabinets shall be in depths of 22", widths, quantities, and types called out in the equipment schedule and meet the requirements of this specification. 2. Construction requirements for all cabinets a. Exterior construction is 18 gauge (or heavier)cold rolled sheet steel with Chemical Resistant Finish. b. Hinges are 10 gauge (or heavier) plate with self-clinching pilot pin. Knuckle, bullet,or piano type hinges are not accepted. C. The rear panel will feature a 12" x 8"removable plumbing access panel. d. Units 24" wide or less have only one door. C. Each cabinet includes four leveling feet. f. Capable of supporting up to 800 pounds. g. A 14" filler panel is required to increases the cabinet depth to 36". 3. Standard Storage a. Overall exterior dimensions: 1) 48" 48" w x 22" d x 35.5"-36.75" 2) 36" 36" w x 22" d x 35.5"-36.75" 3) 30" 30" w x 22" d x 35.5"-36.75" 4) 24" 24" w x 22" d x 35.5"-36.75" h or 31.5"-32.75" for ADA cabinet 5) 18" 18" w x 22" d x 35.5"-36.75" h or 31.5"-32.75" for ADA cabinet 6) 12" 12" w x 22" d x 35.5"-36.75" h or 31.5"-32.75" for ADA cabinet b. Flush pull handles are ABS,low gloss black. 4. Acid Storage a. Overall exterior dimensions: 1) 48" 48" w x 22" d x 35.5"-36.75" 2) 36" 36" w x 22" d x 35.5"-36.75" 3) 30" 30" w x 22" d x 35.5"-36.75" 4) 24" 24" w x 22" d x 35.5"-36.75" h or 31.5"-32.75" for ADA cabinet 5) 18" 18" w x 22" d x 35.5"-36.75" h or 31.5"-32.75" for ADA cabinet b. Completely lined with a polyethylene corrosion resistant liner. The liner is 3/16" thick, with a vacuum formed PVC liner pan at the bottom to contain spills. Each door has a 3/16" sheet polyethylene liner. C. The cabinet is labeled: "ACID". LABORATORY FUME HOODS d. Flush pull handles are ABS,low gloss black. C. Each cabinet is vented into the fume hood with a 1-1/2" vent pipe. It should provide a positive airflow directly into the fume hood exhaust system. f. Supply an epoxy coated steel shelf with PVC liner pan if indicated in the schedule. g. Acid cabinets with louvers are not acceptable 5. Solvent Storage a. Overall exterior dimensions: 1) 48" 48" w x 22" d x 35.5"-36.75" 2) 36" 36" w x 22" d x 35.5"-36.75" 3) 30" 30" w x 22" d x 35.5"-36.75" 4) 24" 24" w x 22" d x 35.5"-36.75" h or 31.5"-32.75" for ADA cabinet b. Solvent storage cabinets are specifically designed for the storage of flammable and combustible liquids. C. Solvent Storage Cabinet must be compliant with NFPA 30 "Flammability and Combustible Liquids Code." d. Cabinets 30" wide and greater shall be tested and approved by Factory Mutual to meet Factory Mutual Approval Standard 6050. C. The bottoms, top, sides, and doors are fabricated of 18 gauge steel and are all double panel construction with a 1-1/2" air space between panels. f. All joints are welded or screwed to provide a rigid enclosure. A 2" deep liquid tight pan that covers the entire bottom of the cabinet is furnished to contain liquid leaks and spills. g. A full-depth, 18 gauge steel, adjustable shelf is also provided. Shelves are sealed leak tight. h. Two diametrically opposed flame arrestor vents with spark screens are provided in the back of the cabinet,as well as a grounding screw. i. The cabinet has an interior finish same as the exterior. j. The cabinet is labeled: "FLAMMABLE-KEEP FIRE AWAY". k. The right hand door shall have a three point latching device. 1. Door handles include a key lock. Solvent storage handles are locking lever handles with bright chrome finish. In. If noted on the schedule, self-closing/self-latching models shall be provided with a fusible-link feature to ensure the doors will close if the temperature outside the cabinet exceeds 165 degrees Fahrenheit. The doors are synchronized so that both doors will fully close. PART 3 -EXECUTION 3.01 EXAMINATION A. Examine areas, with installer present, for compliance with requirements for installation tolerances and other conditions affecting performance of fume hoods. B. Coordinate with other trades for the proper and correct installation of plumbing and electrical rough-in and for rough opening dimensions required for the installation of the hood. C. Proceed with installation only after unsatisfactory conditions have been corrected. LABORATORY FUME HOODS 3.02 INSTALLATION A. General: Install fume hoods according to shop drawings and manufacturer's written instructions. B. Install level, plumb, and true; shim as required, using concealed shims, and securely anchor to building and adjacent laboratory casework. C. Securely attach access panels, but provide for easy removal and secure reattachment. Where fume hoods abut other finished work, apply filler strips and scribe for accurate fit, with fasteners concealed where practical. D. Neighboring splash blocks shall not be attached directly to the hood. E. Install according to standards required by authority having jurisdiction. F. Sequence installations to ensure utility connections are achieved in an orderly and expeditious manner. G. Touch up minor damaged surfaces caused by installation. Replace damaged components as directed by Architect. H. Furnish and install epoxy coated exhaust fans with zero-pressure stacks. I. Furnish and install epoxy coated spiral ductwork with blast gates. J. Start up system,test,balance and certify laboratory hoods and exhaust systems. K. Provide written report of systems performance. L. Demo existing hood,ductwork and exhaust fans. 3.03 FIELD QUALITY CONTROL A. NFPA 45 requires that fume hoods be field tested when installed. B. Field test installed fume hoods according to ASHRAE I10 to verify compliance with performance requirements. 1. Adjust fume hoods, hood exhaust fans, building's HVAC system, and make other corrections until tested hoods perform as specified in fume hood schedule. 2. After making corrections,retest fume hoods that failed to perforin as specified. 3.04 ADJUSTING AND CLEANING A. Adjust moving parts for smooth, near silent, accurate sash operation with one hand. Adjust sashes for uniform contact of rubber bumpers. Verify that counterbalances operate without interference. B. Clean finished surfaces, including both sides of glass; touch up as required; and remove or refinish damaged or soiled areas to match original factory finish, as approved by Architect. C. Clean adjacent construction and surfaces that may have been soiled in the course of installation of work in this section. D. Provide all necessary protective measures to prevent exposure of equipment and surfaces from exposure to other construction activity. E. Advise contractor of procedures and precautions for protection of material and installed equipment and casework from damage by work of other trades. LABORATORY FUME HOODS ATTACHMENT B - SCHEDULE OF PRICING HALDEMAN HOMME, INC. 15344 Vantage Pkwy E Ste. 150, Houston, TX 77032 Tel: 832-626-1060 Fax: 612-378-2236 SERVING EDUCATION,HEALTH CARE,AND INDUSTRY SINCE 1924 "Exceeding Customer Expectations Since 1924" SERVICES CORPUS CHRISTI EVENT 84 BID -Construction -Consulting Training To: Jeannette Palacios Tijerina, City of Corpus Christi Purchasing, 361-826-3163 -Service&Maintenance project: Corpus Christi Event 84 Bid Haldeman Homme. -layout&Design Date: 5.25.16 -Project Management PRODFCTS -Athletic&Wood Flooring Regarding Haldeman Homme proposal 45621.2 City of Corpus Christi Event 84 bid project,Haldman -Athletic Equipment Homme has agreed to keep the pricing valid until July 30th 2016. If you have any questions please respond to -Auditorium Seating Drew Starr,Haldeman-Homme Laboratory/Technical Facility Consultant on any questions you may have. -Bleachers -Casework -Clean Rooms -Divider Walls -Laboratory Equipment -Laboratory Furniture -Library&File Systems -Lockers -School Equipment -Storage Systems -Tracks -Turf Fields Regards, Drew Starr Laboratory/Technical Facility Consultant The Haldeman 832-626-2518(Office) Homme Family of 832-622-1387(Cell) Companies: DSTARR@HHBESTLAB.COM -Academic Specialties -Academic Specialties TX Anderson Ladd -IDEA Employee Owned www.haldemanhomme.com www.hhbestiab.com Arkansas – Colora.– — – Illinois – Indiana – Iowa – Kansas – Michigan – Minnesota – Montana – Nebraska – Nevada – New Mexico – North Dakota – Oklahoma – South Dakota – Texas – Utah – Wisconsin – Wyoming HALDEMAN HOMME, INC. 8120 Exchange Drive Suite 200, Austin, TX 78754 Tel: 512-808-4770 Fax: 612-378-2236 SERVING EDUCATION,HEALTH CARE,AND INDUSTRY SINCE 1924 "Exceeding Customer PROPOSAL HH45621.2 Expectations Since 1924" To: Mr.Diego Rivera Date: 1.20.2016 Corpus Christi Police Dept Project: CC Crime Lab SERVICES Location: Corpus Christi, TX -Construction We propose to furnish the following using standard design,materials,construction sizes and colors as -Consulting/Training specified in solicitation for Event#84. -Service&Maintenance -layout&Design Material,freight and installation $47,889.00 ........................................................................ -Project 11anagement Pricing Includes:96"Airfoil Style Hood Assembly 1. 96"Dished Epoxy Top 2. 1 Light Switch 120v Black PRODUTC 3. 1 Blower Switch/Red -Athletic&Wood 4. GFI 1 Ground Fault Receptacle Flooring 5. ALARM 1000 ALARM OPTION -Athletic Equipment 6. PRE-WIRE OPTION(ea.Fixture) 7. 2 Flammable Storage-35"h x 36"w x 22"D -Auditorium Seating 8, Demo existing duct work,exhaust fans and Lab hood as needed. -Bleachers 9. Install(1)new laboratory hood. -Casework 10. Make final services tie-ins as necessary. -Clean Rooms 11. Furnish and install(1)new rooftop laboratory exhaust fans with zero-pressure stacks. -Divider Walls 12. Furnish and install new epoxy coated spiral duct work with blast-gates;run new duct from new hood -laboratory Equipment through existing roof penetrations to new exhaust fans. -laboratory Furniture 13. Start-up,test,balance and certify new laboratory hood and exhaust systems. -library&File Systems 14. Provide written report of system's performance based upon ASHRAE 110 Test -lockers -School Equipment -Storage Systems Material,freight and installation_._ ......................................................$40,326.00 -Tracks Pricing Includes:48"Airfoil Style Hood Assembly 15. 48"Dished Epoxy Top -Turf Fields 16. 1 Light Switch 120v Black 17. 1 Blower Switch/Red 18. GFI 1 Ground Fault Receptacle 19. ALARM 1000 ALARM OPTION 20. PRE-WIRE OPTION(ea.Fixture) The Haldeman 21. 1 Acid Storage Cabinet 35"H x 48"W x 22"D w/43"x16"xl"poly tray-VENT KIT 1 VENT KIT FOR Homme Family of ACID BASE UNIT(Non-Squeezed Top) Companies: 22. Demo existing duct work,exhaust fans and Lab hood as needed. 23. Install(1)new laboratory hood. -Academic Specialties 24. Make final services tie-ins as necessary. -Academic Specialties 25. Furnish and install(1)new rooftop laboratory exhaust fans with zero-pressure stacks. TX 26. Furnish and install new epoxy coated spiral duct work with blast-gates;run new duct from new hood -Anderson Ladd through existing roof penetrations to new exhaust fans. -IDEA 27. Start-up,test,balance and certify new laboratory hood and exhaust systems. 28. Provide written report of system's performance based upon ASHRAE 110 Test. Y � Employee Owned www.haldemanhomme.com www.hhbestlab.com Arkansas - ColorL.,_ Idaho - Illinois - Indiana - Iowa - Kansas - Michigan - Minnesota - Montana - Nebraska - Nevada - New Mexico - North Dakota - Oklahoma - South Dakota - Texas - Utah - Wisconsin - Wyoming HALDEMAN HOMME, INC. 8120 Exchange Drive Suite 200, Austin, TX 78754 Tel: 512-808-4770 Fax: 612-378-2236 SERVING EDUCATION,HEALTH CARE,AND INDUSTRY SINCE 1924 "Exceeding Customer Expectations Since 1924" Qualifications: 1. Pricing good for 1 production run and 1 delivery with completion not later than 6-30-16. 2. Dumpster to be provided for demo and installation by CC Crime Lab. SERVICES 3. Proposed project schedule: -Construction Shop Drawings 1 week -Consulting/Training Approval Process 1 week -Service&Maintenance Manufacturing Lead Time 10-12 weeks -layout&Design Shipping 2 weeks Installationl week -Project Management Excludes: 1. State Sales&Use Taxes. Purchaser by acceptance of this quotation agrees to furnish Tax Exemption PRODTC,TC Certificates when requested on non-taxable materials,otherwise any applicable tax will be added at -Athletic&Wood time of invoicing. Flooring 2. Any Liquidated,Consequential and/or Actual Damages clauses. -Athletic Equipment 3. Charges for vertical transportation,Mechanical utilities and connections,Electrical utilities and -Auditorium Seating connections,Bonds,Removal of existing equipment,Traps,Ducts,Fume hood fan/blowers,Fume hood testing/balancing,Rubber/vinyl base,In-wall backing/blocking. •Bleachers 4. Note:Clean-up to be limited to removing all debris,dirt and rubbish accumulated as a result of our -Casework installation to a dumpster provided by others,leaving the premises broom clean and orderly. -Clean Rooms -Divider Walls -laboratory Equipment -laboratory Furniture SEE PAGE 3 for Terms&Conditions -library&File Systems This proposal is based upon usage of the AGC/ASA/ASC"Standard Form Construction Subcontract',1996 Edition or a -lockers subcontract form otherwise acceptable to Haldeman-Homme,Inc. -School Equipment TERMS: Net 30 Days -Storage Systems -Tracks ACCEPTED: Company RESPECTFULLY, -Turf Fields Name HALDEMAN-HOMME,INC. Date By Roomer Bdgance General Manager The Haldeman rbrisannce&hhbestlab.com Homme Family of 512.592.9390 Companies: Note: This quotation is offered for acceptance within 30 days and is subject to revision beyond that time. -Academic Specialties -Academic Specialties TX -Anderson ladd -IDEA Y � Employee Owned www.haldemanhomme.com www.hhbestlab.com Arkansas - Coloru.._ Idaho - Illinois - Indiana - Iowa - Kansas - Michigan - Minnesota - Montana - Nebraska - Nevada - New Mexico - North Dakota - Oklahoma - South Dakota - Texas - Utah - Wisconsin - Wyoming ATTACHMENT C - INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Facility and Property Management, 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 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. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material change Per occurrence - aggregate or termination required on all certificates and policies. Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II of this (All States Endorsement if Company is not Exhibit. domiciled in Texas) Employer's Liability $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. IL ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. C. Contractor shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. Contractor shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City,with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non- renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2015 Insurance Requirements Facility and Property Management. Vent Hood Installation 12/31/2015 ds Risk Management CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-69418 HALDEMAN HOMME INC HOUSTON, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 06113/2016 being filed. City of Corpus Christi Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 802 Chemical Vent Hood Replacement Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. SHAY MORAN °, Y s Notary PuDlic;State Of Texas M Commisslon expires 16, 2016 �N My Signature of authorize gent of contracting business entity AFFIX NOTARY STAMP 1 SEAL ABOVE Sworn to and subscribed before me,by the said P.0 4,63 {' this the }3 day of e_ 20,�_,to certify which,witness my hand and seal of office, r gnature of officer ministei g oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state,tx.us Version V1.0.1021 se o� Va. v AGENDA MEMORANDUM NORROPpEO Future Item for the City Council Meeting of July 19, 2016 1852 Action Item for the City Council Meeting July 26, 2016 DATE: July 19, 2016 TO: Margie C. Rose, City Manager FROM: Jim Davis, Director of General Services iimd(a�cctexas.com (361) 826-1909 Robert Rocha, Fire Chief RRochaCa-).cctexas.com (361) 826-3932 Maria Pedraza, Procurement Manager mariape6a�cctexas.com (361) 826-3176 Purchase of a Peterbilt Fire Rescue Unit CAPTION: Motion approving the purchase of a Peterbilt Encore Light and Air Fire Rescue Unit from Siddons-Martin Emergency Group, Houston, Texas for a total amount of $397,000.00. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative (TLGPC), dba BuyBoard. Funds have been budgeted by Fleet Maintenance Services in FY 2015-2016. PURPOSE: This item is to approve the purchase of a Peterbilt Encore Light and Air Fire Rescue Unit. BACKGROUND AND FINDINGS: This Peterbilt unit will be utilized for emergency scene operations. It will be equipped with a command light mounted to the top of this unit so that it can illuminate the scene of an emergency for safer operations. In addition, this unit will have the capabilities to provide breathing air to the firefighters so that the air bottles that they consume can be refilled at the scene. The Light and Air Fire Rescue Unit will be a replacement unit and will not increase the fleet. The old unit will go into reserve status. ALTERNATIVES: The equipment identified is the optimum choice for the tasks to be performed. The power configuration for these vehicles is not compatible with a CNG fuel application. 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: Fire and Fleet Maintenance Services 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 $4,106,461.49 $0.00 $4,106,461.49 Encumbered / Expended Amount $1,860,892.83 $0.00 $1,860,892.83 This item $397,000.00 $0.00 $397,000.00 BALANCE $1,848,568.66 $0.00 $1,848,568.66 Fund(s): Fleet Maintenance Services Comments: Funding for the purchase has been approved in the FY 2015-2016 budget. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM DESCRIPTION QTY. UNIT PRICE SHEET PETERBILT FIRE RESCUE UNIT TLGPC: 491-15 SIDDONS-MARTIN EMERGENCY GROUP HOUSTON, TEXAS UNIT PRICE EXTENDED PRICE 1 2. Peterbilt Encore Light and Air Unit Pierce, PB337 2 -Door, Rescue, ENCORE, Paccar P -X8 330 hp No Tank, No Pump BuyBoard Fee 1 1 EA EA $395,500.00 $395,500.00 $1,500.00 Total Price $1,500.00 $397,000.00 AGENDA MEMORANDUM Future item for the City Council Meeting of July 19, 2016 Action item for the City Council Meeting of July 26, 2016 DATE: June 30, 2016 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM: Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 CAPTION: J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Approval of Master Agreements Facilities Multiple Award Contract (FMAC) for the Minor Construction, Repair, Rehabilitation, and Alteration of Facilities Motion authorizing the City Manager or designee to execute a Master Agreement for the Facilities Multiple Award Contract (FMAC) program for a one-year term with option to renew administratively for up to two one-year periods, with no guaranteed minimum and a maximum aggregate of $2,000,000 per agreement in any one year and authorizing the City Manager or designee to execute all Facilities Multiple Award Contracts thereunder not exceeding $500,000 with the following: • Spaw Glass • Barcom Construction • Cruz Maintenance & Construction, Inc. • J E Construction Services (Alternate Contractor) PURPOSE: The purpose of this Agenda Item is to obtain authority to award and execute four (4) Facilities Multiple Award Contract Master Agreements for minor construction services and repair of city facilities on an as - needed basis through an alternative contracting strategy for improved project delivery at a lower cost. BACKGROUND AND FINDINGS: This program is consistent with other Federal, State, and Municipal governments' use of Alternative Contracting strategies to minimize the time and cost of project development and implementation. This agenda item implements a Facilities Multiple Award Contract (FMAC) program which is a contracting method that provides for a pre -selected list of contractors to competitively bid indefinite number of projects over an extended period of time. This FMAC is planned as a 3 -year contract with a one-year base plus two one-year options. The award is recommended for four contractors; the top three as primary and the fourth as an alternate. For each project three primary contractors will be invited to submit competitive bids. The fourth contractor will be activated should any of the three not be available to participle. The individual contractors have no guaranteed minimum with a maximum aggregate amount not to exceed $2,000,000 in any one year. This FMAC program will directly improve the scope, quality and timeliness with an overall reduced cost for the delivery of facility projects, similar to the previous Job Order Contracting Program. The FMAC process streamlines the acquisition of the construction contract, simplifies the design process, and allows Early Contractor Involvement (ECI) in the planning and design phase. The long-term relationship with these contractors and ECI allows interaction during the design to incorporate contractor recommendations to improve quality, time and cost, and specifically reduces the need for change orders. After completion of the construction for each project, the contractor(s) will be evaluated. These evaluations will be considered for future projects and options to extend the contracts. This combined process and information has an overall reduction on design timeline and cost. On April 1, 2016, the Department of Engineering Services issued Request for Proposals (RFP) No. 2016- 04 Facilities Multiple Award Contract (FMAC) for the Minor Construction, Repair, Rehabilitation, and Alteration of Facilities. The RFP was posted online at www.civcastusa.com. The Department of Engineering Services coordinated all activities. The following seven (7) respondents submitted Proposals: 1. Alpha Building Corporation 2. Barcom Construction 3. Cruz Maintenance & Construction, Inc. 4. Gourley Contracting 5. J E Construction Services 6. Spaw Glass 7. Trade Mart Construction, LLC All seven (7) of the respondent proposals were deemed administratively complete and reviewed by the Selection Committee. The Selection Committee evaluated each proposal based on the following criteria: 1. Experience and Qualifications (20%) 2. Technical Approach, Quality Control, Safety Plans (20%) 3. Past Performance (30%) 4. Price Factor (proposed coefficients) (30%) The panel selected the four contractors below as the most highly qualified contractors with proposals that offered the best value to the City. Award of the four (4) proposed FMAC MSA's as proposed will allow the City to employ this alternative delivery method. • Spaw Glass • Barcom Construction • Cruz Maintenance & Construction, Inc. • J E Construction Services (Alternate Contractor) ALTERNATIVES: 1. Award a FMAC Master Agreement to a reduced number of contractors. 2. Do not authorize execution of the Master Agreements. OTHER CONSIDERATIONS: On December 31, 2015, the City Council was notified the Job Order Contracting (JOC) process would be cancelled due to its subjective nature. All existing contracts under that program were completed and a Multiple Award Contract process was developed to correct the inefficiencies of the JOC program. This FMAC Program replaces the previous Job Order Contract program and follows the same provisions of the Texas Government Code. The new process will utilize the same pre -qualified contractors where possible, but ask them to submit competitive bids for each job, instead of relying on pre -approved databases such as RS Means for negotiating the project price. The decision of which contractor will be chosen for the job will be based on objective criteria; the lowest qualified bidder will be chosen for the contract. Approval of these FMAC Master Agreements authorizes City Manager, or designee, to administratively issue projects that do not exceed $500,000 and to extend the option years based on performance of the contractor(s). Any task order (project) that exceeds $500,000 will be presented to City Council for consideration and approval. CONFORMITY TO CITY POLICY: Conforms to city policy relating to RFP's and competitive sealed proposals, Chapter 2269 of the Texas Government Code relating to Job Order Contracts, and Section 2, Article X, City Charter related to contracts. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: Fiscal Year 2015-2016 Project to Date Expenditures Current Year Future Years TOTALS Budget $0.00 $0.00 $0.00 $0.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 $0.00 This item $0.00 $0.00 $0.00 $0.00 Future Anticipated Expenditures This Project $0.00 $0.00 $0.00 $0.00 BALANCE $0.00 $0.00 $0.00 $0.00 Fund(s): Not applicable RECOMMENDATION: City staff recommends a Facilities Multiple Award Contract Master Agreement be awarded to Spaw Glass, Barcom Construction, Cruz Maintenance & Construction, Inc., and J E Construction Services (Alternate Contractor) for a one-year base term with option to renew administratively for up to two one-year periods, with no guaranteed minimum and a maximum aggregate of $2,000,000 in any one year and authorizing the City Manager or designee to execute all Facility Multiple Award Contracts thereunder not exceeding $500,000. LIST OF SUPPORTING DOCUMENTS: Master Agreement — Spaw Glass Master Agreement — Barcom Construction Master Agreement — Cruz Maintenance & Construction Master Agreement — J E Construction Services (Alternate Contractor) Form 1295 Certificate of Interested Parties — Spaw Glass Form 1295 Certificate of Interested Parties — Barcom Construction Form 1295 Certificate of Interested Parties — Cruz Maintenance & Construction Form 1295 Certificate of Interested Parties — J E Construction Services (alternate contractor) Powerpoint Presentation CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 011 - Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-79561 Date Filed: 07/05/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. JE Construction Services, LLC. CORPUS CHRISTI, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi Department of Engineering Services 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. RFP 2016-04 Facilities Maintenance/Construction 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary 5 Check if there is NO Interested Party. only X 6 AFFIDAVIT I swear, or 1, ra, KAREN JUST Notary Public. Stole of texas •= My Commission [spires"F:f October 30, 2016 affirm, under penalty of perjury, that the • above disclosure is true and correct. '41101 • Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE f '01 [� \ 2. t4� (� Sworn to and subscribed before me, by the said lr1(4' N i , this the 54� day of .J.`` 1 / 20 � , to certify which, witness my hand and seal of office. &, I JA •)(.1,6-1-- Kture Signature of o administering oath Printed name of officer administering oath Title of officer a minist oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 CITY OF CORPUS CHRISTI FACILITIES MULTIPLE AWARD CONTRACT MASTER AGREEMENT This Agreement is entered into on , 2016, between 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 and Spaw Glass, a Texas Corporation, 4909 E. Grimes, Suite 116, Harlingen, Texas 78550 (Contractor). WHEREAS, Texas Government Code Chapter 2269, Subchapter I authorizes the City to contract for the maintenance, repair, alteration, renovation, remediation or minor construction of city -owned facilities when the work is of a recurring nature but the delivery times, type and quantities of work required are indefinite; WHEREAS, the City's Department of Engineering Services issued a Request for Proposals No. 2016-04 - Master Agreement for Facilities Multiple Award Contract (FMAC) for the Minor Construction, Repair, Rehabilitation and Alteration of Facilities to provide services on an on-call or as -needed basis, through individually priced task orders for the maintenance, repair, alteration, renovation, remediation or construction of facilities; and WHEREAS, Contractor submitted a proposal in response to the RFP (Proposal) and was selected for recommendation for award; and WHEREAS, the parties desire to enter into a Facilities Multiple Award Contract Master Agreement (Agreement) to set the terms and conditions the parties must follow; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: ARTICLE I — FACILITIES MULTIPLE AWARD CONTRACT PROGRAM 1.1 The City has awarded or will award one or more FMAC Master Agreements. 1.2 This Agreement consists of the following Contract Documents, which specify the terms and conditions that the parties agree to comply with throughout the term of the Agreement: 1.2.1 RFP No. 2016-04 and Addenda, 1.2.2 Contractor's Proposal, including all attachments and exhibits, submitted in response to RFP No. 2016-04 (Exhibit A), 1.2.3 this FMAC Master Agreement, including all attachments and exhibits 1.2.4 Specifications, forms and documents listed in SECTION 00 01 00 TABLE OF CONTENTS. 1.3 The parties agree to comply with the Agreement and any additional terms and conditions specified in the FMAC Task Orders issued hereunder. 1.4 This Agreement is a competitively awarded master agreement with an undefined State of Work (SOW). The work is of an indefinite quantity and a recurring nature, delivered on an on-call or as -needed basis, through individually priced FMAC Task Orders (Order). The Agreement may support a broad assortment of facilities construction work, including maintenance, repair, Page 1 Rev. 4/1 K ENGINEERINGIRFOSIRFP NO 2016.04 FACILITIES MULTIPLE AWARD CONTRACT (FMAC)L10 FMAC MASTER AGREEMENTSII FMAC SPAW GLASS MASTER AGREEMENT DOCX alteration, renovation, remediation or minor construction. 1.5 This Agreement and any Task Order applies only to a facility that is a building, or a structure or land, whether improved or unimproved, that is associated with a building. The City currently owns approximately 1200 properties that require a variety of minor construction, repair, rehabilitation or alteration services, including but not limited to services for three areas: general, mechanical/electrical/plumbing (MEP) and roofing. 1.5.1 Minor construction may include a range of services from new office construction (as well as demolition) to completing a new floor plan, etc. 1.5.2 Repair is defined as work that involves the reparation of a broken system, component or sub -component of a building such as doors, electrical outlets, plumbing, flooring, sheetrock and/or air conditioning systems, etc. 1.5.3 Rehabilitation is defined as work that involves the restoration of an office, floor, system or component of a system in order to restore functionality. 1.5.4 Alteration is defined as work that involves extending a wall, upgrading lighting fixtures, installing a door where one did not exist, replacing flooring, etc. 1.6 Contractor must provide all labor, services, equipment, materials, tools, transportation, mobilization, insurance, subcontracts, bonds, supervision, management, reports, incidentals and quality control necessary to complete all services agreed to in a timely manner as required by the Contract Documents throughout the term of the Agreement. 1.7 Contractor's Project General Manager shall be knowledgeable in multiple disciplines, including electrical, mechanical, HVAC, paving, landscaping, painting, roofing and plumbing. 1.8 Contractor may be required to submit a Safety Plan to the City within 15 calendar days after Award of Agreement. The Safety Plan must address all aspects of the Contractor's safety procedures, including responsibility for OSHA compliance, drug testing, trend analysis, corrective action and interface with City inspectors. ARTICLE II — PERIOD OF SERVICE AND COMPENSATION 2.1 The base term of this Agreement is for two years with the option to administratively renew annually for not more than three additional years. 2.2 The maximum aggregate price for work during any one year of this Agreement's term is $2,000,000.00. 2.3 City shall pay Contractor in current funds for performance of each Order in accordance with both this Agreement and the Order as the work progresses. 2.4 This Agreement provides for no guaranteed minimum amount of Orders, no amount of work and no dollar amount. 2.5 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. Page 2 Rev. 4/1 K 1ENGINEERING1RFOs1RFP NO 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMAC)110 FMAC MASTER AGREEMENTV FMAC SPAW GLASS MASTER AGREEMENT DOCX ARTICLE III - FMAC TASK ORDER 3.1 The Facilities Multiple Award Contract Task Order (Order) will be for a defined Statement of Work to be performed within a set time period. 3.2 With the exception of emergencies, each Order will be competitively procured by requesting sealed proposals from each FMAC Contractor. 3.2.1 The Request for Task Order Proposal (RFTOP) will specify the date and time that sealed proposals will be publicly opened. 3.2.2 The RFTOP will include evaluation criteria, including but not limited to, price, past performance, past experience with similar sites, knowledge and capability of personnel, capacity, safety and other factors that directly impact the quality of work to be delivered. 3.2.3 The City shall have the right to reject all proposals, cancel a proposed project or elect to perform work utilizing city personnel. The City shall not be responsible for payment or costs incurred by the Contractor for the preparation and submission of a Task Order Proposal regardless of project outcome. 3.3 Each FMAC Task Order Agreement will incorporate by reference this Agreement. Contractor must comply with the terms and conditions of this Agreement throughout the term of the Agreement and during the performance of each Order. 3.4 Contractor shall construct and complete the improvements according to the Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in the Contractor's Order Proposal and as provided under this Agreement and the Order Agreement. 3.5 Contractor must not begin work on any Task Order authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. 3.6 Contractor shall provide performance and payment bonds if required by law based on the amount of the Order or if otherwise required by the City. At a minimum, the Contractor will be required to provide a payment bond on all Orders that exceed $50,000 and a performance bond on all Orders that exceed $100,000. 3.7 In the event that design services, construction drawings and/or plans are required, the City shall obtain these services from city resources or from a third -party consultant. The Contractor will not be permitted to contract with or hire consultants. 3.8 Contractor shall warrant that work performed conforms to the Task Order requirements and is free of any defect in equipment, material or design furnished or workmanship performed by the Contractor or any of its subcontractors or suppliers at any tier. All work provided by the Contractor shall be warranted for a minimum period of one year from the date of final acceptance of the Work. Equipment warranties shall be as required under the Statement of Work. ARTICLE IV — SCHEDULING OF WORK 4.1 The first day of performance shall be the effective date specified in the Task Order Agreement. Any preliminary work started, materials ordered or purchased prior to receipt of the City's Notice to Proceed shall be at the Contractor's risk and expense. Page 3 Rev. 4/1 KSENGINEERINGIRFOSIRFP NO 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMACA10 FMAC MASTER AGREEMENTSI1 FMAC SPAW GLASS MASTER AGREEMENT DOCX 4.2 The Contractor shall meticulously prosecute the Work to completion within the time set forth in the Task Order. 4.3 The period of performance shall include allowance for mobilization, holidays, weekends, inclement weather, cleanup and project acceptance procedures. 4.4 When the Contractor considers the Work to be complete and ready for its intended use, Contractor shall notify the Director of Engineering Services or designee. The City shall inspect the Work to determine the status for completion. The Contractor shall promptly proceed to complete or correct listed items. 4.5 Contractor shall ensure that the purchase, delivery and storage of materials and equipment shall be made without interference to the City operations and personnel. 4.6 Contractor shall be responsible for removing furniture and/or portable office equipment from the immediate work area as well as replacing to its original location upon work completion. In the event that said items cannot be replaced within its original location, the City shall designate alternate location(s) for placement. 4.7 Contractor shall take all necessary precautions to ensure that no damage shall result from operations to private or public property. An damages must be repaired or replaced by the Contractor at no additional cost to the City. 4.8 Contractor shall be responsible for providing all necessary traffic control, to include but is not limited to, street blockages, traffic cones, flagmen, etc. as required for each Task Order. Proposed traffic control methods must be submitted to the City for approval prior to commencement of work. 4.9 Contractor shall be responsible for obtaining all required permits applicable to performance under any single order placed against this contract. The City shall be responsible for the cost of any and all City permits. ARTICLE V — "GREEN BUILDING" PROGRAM 5.1 In an effort to conserve resources, as well as, preserve our environment, the City is in the process of developing a program to support a "Green Building" policy for all new city -owned and funded facilities. A "green building," also known as a high performance building, shall include a structure or facility that is designed, built, renovated and operated in a resource -efficient and healthful manner. Green buildings are designed to meet certain objectives such as: conserve energy and water, use renewable, recyclable or reclaimed materials, protect occupant health, optimize use of local and regional resources, and reduce the overall impact of that new structure to the environment. The program initiatives for a "Green Building" policy may include the following: 5.1.1 All new buildings and major renovations constructed by the City of Corpus Christi or its contractors and funded directly by the City of Corpus Christi shall be designed and constructed with economical and technically feasible green building components. 5.1.2 The City of Corpus Christi shall focus this green building policy in an effort to meet the requirements of the Texas Emissions Reduction Plan, specifically Chapter 388 of the Texas Health and Safety Code. Section 388.005 states that certain political subdivisions Page 4 Rev. 4/1 KIENG1NEERINGIRF0SIRFP NO 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMAC)110 FMAC MASTER AGREEMENTS51 FMAC SPAW GLASS MASTER AGREEMENT DOCX should: (a) implement all cost effective "energy efficiency measures" in order to reduce electric consumption by the existing facilities, (b) establish a goal to reduce electric consumption by its facilities of five percent each year for five years, and (c) annually report to State Energy Conservation Office (SEC) its efforts and progress in reduction of electricity. 5.1.3 City staff will develop a green building program for the city facilities targeted in this policy. This green building program will describe the standards of the green building components, including standards for energy efficiency, renewable materials, water conservation, air flow and site location. This program shall also describe the target buildings, exemptions and methods to achieve the goals of this policy. The development of this plan will include an evaluation of the AIA "2020 Challenge," the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED), and the Environmental Protection Agency's Energy Star Program. Feasible components of these programs will be incorporated into this plan. A review of the accomplishments made under this plan shall be reported to City Council annually. 5.1.4 All maintenance practices performed by the City of Corpus Christi shall incorporate energy efficiency and green building practices. ARTICLE VI — INDEMNIFICATION CONTRACTOR covenants and agrees to FULLY INDEMNIFY and HOLD HARMLESS the CITY and the elected officials, employees, officers, directors and representatives of the CITY, individually or collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including but not limited to, personal or bodily injury, death and/or property damage made upon the CITY, directly or indirectly arising out of, resulting from or related to CONTRACTOR'S activities under this CONTRACT, including any acts or omissions of CONTRACTOR and/or CONTRACTOR'S agent, officer, director, representative, employee, consultant or subcontractor while in the exercise of performance of the rights or duties under this CONTRACT, all without, however, waiving any governmental immunity available to the CITY under Texas Law and without waiving any defenses of the parties under Texas Law. IT IS FURTHER COVENANTED AND AGREED THAT SUCH INDEMNITY SHALL APPLY EVEN WHERE SUCH COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES, FINES, PENALTIES, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND/OR SUITS ARISE IN ANY PART FROM THE NEGLIGENCE OF CITY, THE ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS AND REPRESENTATIVES OF CITY, UNDER THIS CONTRACT. The provisions of this INDEMNITY are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. It is the EXPRESS INTENT of the parties to this CONTRACT that the INDEMNITY provided for in this section is an INDEMNITY extended by CONTRACTOR to INDEMNIFY, PROTECT and HOLD HARMLESS the CITY from the consequences of the CITY'S OWN NEGLIGENCE, provided however, that the INDEMNITY provided for in this section SHALL APPLY only when the NEGLIGENT ACT of the City is a CONTRIBUTORY CAUSE of the Page 5 Rev. 4/1 KIENGINEERINGIRFOSRFP NO 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMAC)110 FMAC MASTER AGREEMENTSVI FMAC SPAW GLASS MASTER AGREEMENT DOCX resultant injury, death or damage and shall have no application when the negligent act of the CITY is the sole cause of the resultant injury, death or damage. CONTRACTOR further AGREES TO DEFEND, AT ITS OWN EXPENSE and ON BEHALF OF THE CITY AND IN THE NAME OF THE CITY AND WITH COUNSEL ACCEPTABLE TO THE CITY, any claim or litigation brought against the CITY and its elected officials, employees, officers, directors, volunteers and representatives, in connection with any such injury, death or damage for which this INDEMNITY shall apply, as set forth above. CONTRACTOR shall advise the CITY in writing, within 24 hours, of any claim or demand against the CITY or CONTRACTOR, known to CONTRACTOR, related to or arising out of activities under this CONTRACT and shall see to the investigation and defense of such claim or demand at CONTRACTOR'S cost. The CITY shall have the right, at its option and at its own expense, to participate in such defense without relieving CONTRACTOR of any of its obligations under this paragraph. ARTICLE VII - INSURANCE REQUIREMENTS 7.1 Texas law requires that contractors, subcontractors and others must be covered under Workers' Compensation insurance, authorized self-insurance or a workers' compensation coverage agreement. Throughout this Agreement, such coverage must be provided. Contractor shall comply with the Insurance Requirements for Workers' Compensation Coverage as described and shown in the Notice to Contractors, attached as Exhibit B. 7.2 Contractor shall comply with the Insurance Requirements as described and shown in Exhibit B. ARTICLE VIII - TERMINATION OF AGREEMENT 8.1 The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to the Contractor at the address of record. 8.2 In this event, the Contractor will be compensated for its services on all work completed and accepted by the City at the time of termination. ARTICLE IX — RIGHT OF REVIEW AND AUDIT 9.1 Contractor grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Contractor's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Contractor agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 "Contractor's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices. production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, Page 6 Rev. 411 KAENGINEERINGIRFOSIRFP NO 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMA::)110 FMAC MASTER AGREEMENTSI1 FMAC SPAW GLASS MASTER AGREEMENT DOCX procedures, federal and state tax filings for issue in questions and any and all other agreements, sources of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Contractor's records only during City's regular business hours. Contractor agrees to allow City's designee access to all of Contractor's records, Contractor's facilities and Contractor's current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Contractor also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Contractor shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X — OTHER PROVISIONS 10.1 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Contractor 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 Contractor. 10.2 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. All legal proceedings must be filed, tried and cannot be removed from Nueces County, Texas. 10.3 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 10.4 Independent Contractor. Contractor, it and all persons designated by it to provide services in connection with this Agreement or any Task Order Agreement executed pursuant to this Agreement, is and shall be deemed to be an independent contractor, responsible for its respective acts or omissions, and City shall in no way be responsible for Contractor's actions and neither party hereto will have authority to bind the other or to hold out to third parties that it has such authority. 10.5 Captions. The captions, titles and headings in this Agreement are merely for convenience of the parties and shall neither limit nor amplify the provisions of the Agreement itself. 10.6 Notices to be given by either party to the other relative to this Agreement shall be in writing. Both parties agree that any such notice shall be effective when personally delivered or deposited, postage paid, in the U.S. Mail addressed by certified mail, return receipt request, as follows: CITY: City of Corpus Christi Attn: Jeff Edmonds, Director of Engineering Services 1201 Leopard Street, 3n1 Floor Corpus Christi, TX 78401 Fax: 361-826-3501 CC: City of Corpus Christi Page 7 Rev. 411 K.IENGINEERINGIRFOSIRFP NO 2016.04 FACILITIES MULTIPLE AWARD CONTRACT (FMAC}410 FMAC MASTER AGREEMENTSII FMAC SPAW GLASS MASTER AGREEMENT DOCX Attn: Veronica Ocanas, Assistant City Attorney 1201 Leopard Street, 5th Floor Corpus Christi, TX 78401 Fax: 361-826-3239 CONTRACTOR: Name: Eric Kennedy Title: President, South Texas Division Address: 4909 E. Grimes, Suite 116, Harlingen, TX 78550 Telephone: (956) 412-9880 Fax: Email: eric.kennedy@spawglass.com CITY OF CORPUS CHRISTI SPAW GLASS 7/7/16 J. H. Edmonds, P. E., (Date) Eric Kennedy (Date) Director of Engineering Services President, South Texas Division 4909 E. Grimes, Suite 116 Harlingen, TX 78550 APPROVED AS TO LEGAL FORM (956) 412-9880 Office Assistant City Attorney (Date) for City Attorney ATTEST Rebecca Huerta, City Secretary Page 8 Rev. 4/1 N 1ENGINEERINGIRFOSIRFP NO. 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMACj110 FMAC MASTER AGREEMENTSN FMAC MASTER AGREEMENT SPAW GLASS-DOCX Facilities Multiple Award Contract (FMAC) for the Minor Construction, Repair\ Rehabilitation, and Alteration of Facilities Attachments Available Upon Request CITY OF CORPUS CHRISTI FACILITIES MULTIPLE AWARD CONTRACT MASTER AGREEMENT This Agreement is entered into on , 2016, between 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 and Barcom Construction, a Texas Corporation, 5826 Bear Lane, Corpus Christi, Texas 78405 (Contractor). WHEREAS, Texas Government Code Chapter 2269, Subchapter I authorizes the City to contract for the maintenance, repair, alteration, renovation, remediation or minor construction of city -owned facilities when the work is of a recurring nature but the delivery times, type and quantities of work required are indefinite; WHEREAS, the City's Department of Engineering Services issued a Request for Proposals No. 2016-04 - Master Agreement for Facilities Multiple Award Contract (FMAC) for the Minor Construction, Repair, Rehabilitation and Alteration of Facilities to provide services on an on-call or as -needed basis, through individually priced task orders for the maintenance, repair, alteration, renovation, remediation or construction of facilities; and WHEREAS, Contractor submitted a proposal in response to the RFP (Proposal) and was selected for recommendation for award; and WHEREAS, the parties desire to enter into a Facilities Multiple Award Contract Master Agreement (Agreement) to set the terms and conditions the parties must follow, NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: ARTICLE I — FACILITIES MULTIPLE AWARD CONTRACT PROGRAM 1.1 The City has awarded or will award one or more FMAC Master Agreements. 1.2 This Agreement consists of the following Contract Documents, which specify the terms and conditions that the parties agree to comply with throughout the term of the Agreement: 1.2.1 RFP No. 2016-04 and Addenda, 1.2.2 Contractor's Proposal, including all attachments and exhibits, submitted in response to RFP No. 2016-04 (Exhibit A), 1.2.3 this FMAC Master Agreement, including all attachments and exhibits 1.2.4 Specifications, forms and documents listed in SECTION 00 01 00 TABLE OF CONTENTS. 1.3 The parties agree to comply with the Agreement and any additional terms and conditions specified in the FMAC Task Orders issued hereunder. 1.4 This Agreement is a competitively awarded master agreement with an undefined State of Work (SOW). The work is of an indefinite quantity and a recurring nature, delivered on an on-call or as -needed basis, through individually priced FMAC Task Orders (Order). The Agreement may support a broad assortment of facilities construction work, including maintenance, repair, alteration, renovation, remediation or minor construction. Page 1 Rev. 4/1 KIENGINEERINGIRFOSIRFP NO 2016.04 FACILITIES MULTIPLE AWARD CONTRACT {FMAC r:1 FMAC MASTER AGREEMENTS12 FMAC BARCOM MASTER AGREEMENT DOCX 1.5 This Agreement and any Task Order applies only to a facility that is a building, or a structure or land, whether improved or unimproved, that is associated with a building. The City currently owns approximately 1200 properties that require a variety of minor construction, repair, rehabilitation or alteration services, including but not limited to services for three areas: general, mechanical/electrical/plumbing (MEP) and roofing. 1.5.1 Minor construction may include a range of services from new office construction (as well as demolition) to completing a new floor plan, etc. 1.5.2 Repair is defined as work that involves the reparation of a broken system, component or sub -component of a building such as doors, electrical outlets, plumbing, flooring, sheetrock and/or air conditioning systems, etc. 1.5.3 Rehabilitation is defined as work that involves the restoration of an office, floor, system or component of a system in order to restore functionality. 1.5.4 Alteration is defined as work that involves extending a wall, upgrading lighting fixtures, installing a door where one did not exist, replacing flooring, etc. 1.6 Contractor must provide all labor, services, equipment, materials, tools, transportation, mobilization, insurance, subcontracts, bonds, supervision, management, reports, incidentals and quality control necessary to complete all services agreed to in a timely manner as required by the Contract Documents throughout the term of the Agreement. 1.7 Contractor's Project General Manager shall be knowledgeable in multiple disciplines, including electrical, mechanical, HVAC, paving, landscaping, painting, roofing and plumbing. 1.8 Contractor may be required to submit a Safety Plan to the City within 15 calendar days after Award of Agreement. The Safety Plan must address all aspects of the Contractor's safety procedures, including responsibility for OSHA compliance, drug testing, trend analysis, corrective action and interface with City inspectors. ARTICLE II — PERIOD OF SERVICE AND COMPENSATION 2.1 The base term of this Agreement is for two years with the option to administratively renew annually for not more than three additional years. 2.2 The maximum aggregate price for work during any one year of this Agreement's term is $2,000,000.00. 2.3 City shall pay Contractor in current funds for performance of each Order in accordance with both this Agreement and the Order as the work progresses. 2.4 This Agreement provides for no guaranteed minimum amount of Orders, no amount of work and no dollar amount. 2.5 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. Page 2 Rev. 4/1 K\ENGINEERINGSRFOSIRFP NO. 2016.04 FACILITIES MULTIPLE AWARD CONTRACT (FMACJ110 FMAC MASTER AGREEMENTSI2 FMAC BARCOM MASTER AGREEMENT DOCX ARTICLE 111 - FMAC TASK ORDER 3.1 The Facilities Multiple Award Contract Task Order (Order) will be for a defined Statement of Work to be performed within a set time period. 3.2 With the exception of emergencies, each Order will be competitively procured by requesting sealed proposals from each FMAC Contractor. 3.2.1 The Request for Task Order Proposal (RFTOP) will specify the date and time that sealed proposals will be publicly opened. 3.2.2 The RFTOP will include evaluation criteria, including but not limited to, price, past performance, past experience with similar sites, knowledge and capability of personnel, capacity, safety and other factors that directly impact the quality of work to be delivered. 3.2.3 The City shall have the right to reject all proposals, cancel a proposed project or elect to perform work utilizing city personnel. The City shall not be responsible for payment or costs incurred by the Contractor for the preparation and submission of a Task Order Proposal regardless of project outcome. 3.3 Each FMAC Task Order Agreement will incorporate by reference this Agreement. Contractor must comply with the terms and conditions of this Agreement throughout the term of the Agreement and during the performance of each Order. 3.4 Contractor shall construct and complete the improvements according to the Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in the Contractor's Order Proposal and as provided under this Agreement and the Order Agreement. 3.5 Contractor must not begin work on any Task Order authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. 3.6 Contractor shall provide performance and payment bonds if required by law based on the amount of the Order or if otherwise required by the City. At a minimum, the Contractor will be required to provide a payment bond on all Orders that exceed $50,000 and a performance bond on all Orders that exceed $100,000. 3.7 In the event that design services, construction drawings and/or plans are required, the City shall obtain these services from city resources or from a third -party consultant. The Contractor will not be permitted to contract with or hire consultants. 3.8 Contractor shall warrant that work performed conforms to the Task Order requirements and is free of any defect in equipment, material or design furnished or workmanship performed by the Contractor or any of its subcontractors or suppliers at any tier. All work provided by the Contractor shall be warranted for a minimum period of one year from the date of final acceptance of the Work. Equipment warranties shall be as required under the Statement of Work. ARTICLE IV — SCHEDULING OF WORK 4.1 The first day of performance shall be the effective date specified in the Task Order Agreement. Any preliminary work started, materials ordered or purchased prior to receipt of the City's Notice to Proceed shall be at the Contractor's risk and expense. Page 3 Rev. 4/1 K °.ENGINEERING,RFOStRFP NO. 2016.04 FACILITIES MULTIPLE AWARD CONTRACT (FMAC)10 AGENDA ITEM\MASTER AGREEMENT BARCOM - FMAC FACILITES MULTIPLE AWARD CONTRACT.DOCX 4.2 The Contractor shall meticulously prosecute the Work to completion within the time set forth in the Task Order. 4.3 The period of performance shall include allowance for mobilization, holidays, weekends, inclement weather, cleanup and project acceptance procedures. 4.4 When the Contractor considers the Work to be complete and ready for its intended use, Contractor shall notify the Director of Engineering Services or designee. The City shall inspect the Work to determine the status for completion. The Contractor shall promptly proceed to complete or correct listed items. 4.5 Contractor shall ensure that the purchase, delivery and storage of materials and equipment shall be made without interference to the City operations and personnel. 4.6 Contractor shall be responsible for removing furniture and/or portable office equipment from the immediate work area as well as replacing to its original location upon work completion. In the event that said items cannot be replaced within its original location, the City shall designate alternate location(s) for placement. 4.7 Contractor shall take all necessary precautions to ensure that no damage shall result from operations to private or public property. All damages must be repaired or replaced by the Contractor at no additional cost to the City. 4.8 Contractor shall be responsible for providing all necessary traffic control, to include but is not limited to, street blockages, traffic cones, flagmen, etc. as required for each Task Order. Proposed traffic control methods must be submitted to the City for approval prior to commencement of work. 4.9 Contractor shall be responsible for obtaining all required permits applicable to performance under any single order placed against this contract. The City shall be responsible for the cost of any and all City permits. ARTICLE V — "GREEN BUILDING" PROGRAM 5.1 In an effort to conserve resources, as well as, preserve our environment, the City is in the process of developing a program to support a "Green Building" policy for all new city -owned and funded facilities. A "green building," also known as a high performance building, shall include a structure or facility that is designed, built, renovated and operated in a resource -efficient and healthful manner. Green buildings are designed to meet certain objectives such as: conserve energy and water, use renewable, recyclable or reclaimed materials, protect occupant health, optimize use of local and regional resources, and reduce the overall impact of that new structure to the environment. The program initiatives for a "Green Building" policy may include the following: 5.1.1 All new buildings and major renovations constructed by the City of Corpus Christi or its contractors and funded directly by the City of Corpus Christi shall be designed and constructed with economical and technically feasible green building components. 5.1.2 The City of Corpus Christi shall focus this green building policy in an effort to meet the requirements of the Texas Emissions Reduction Plan, specifically Chapter 388 of the Texas Health and Safety Code. Section 388.005 states that certain political subdivisions Page 4 Rev. 4/1 K:IENGINEERINGIRFOS\RFP NO 2016.04 FACILITIES MULTIPLE AWARD CONTRACT (FMAC)19 AGENDA ITEMIMASTER AGREEMENT BARCOM - FMAC FACILITIES MULTIPLE AWARD CONTRACT OOCX should: (a) implement all cost effective "energy efficiency measures" in order to reduce electric consumption by the existing facilities, (b) establish a goal to reduce electric consumption by its facilities of five percent each year for five years, and (c) annually report to State Energy Conservation Office (SEC) its efforts and progress in reduction of electricity. 5.1.3 City staff will develop a green building program for the city facilities targeted in this policy. This green building program will describe the standards of the green building components, including standards for energy efficiency, renewable materials, water conservation, air flow and site location. This program shall also describe the target buildings, exemptions and methods to achieve the goals of this policy. The development of this plan will include an evaluation of the AIA "2020 Challenge," the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED), and the Environmental Protection Agency's Energy Star Program. Feasible components of these programs will be incorporated into this plan. A review of the accomplishments made under this plan shall be reported to City Council annually. 5.1.4 All maintenance practices performed by the City of Corpus Christi shall incorporate energy efficiency and green building practices. ARTICLE VI — INDEMNIFICATION CONTRACTOR covenants and agrees to FULLY INDEMNIFY and HOLD HARMLESS the CITY and the elected officials, employees, officers, directors and representatives of the CITY, individually or collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including but not limited to, personal or bodily injury, death andlor property damage made upon the CITY, directly or indirectly arising out of, resulting from or related to CONTRACTOR'S activities under this CONTRACT, including any acts or omissions of CONTRACTOR and/or CONTRACTOR'S agent, officer, director, representative, employee, consultant or subcontractor while in the exercise of performance of the rights or duties under this CONTRACT, all without, however, waiving any governmental immunity available to the CITY under Texas Law and without waiving any defenses of the parties under Texas Law. IT IS FURTHER COVENANTED AND AGREED THAT SUCH INDEMNITY SHALL APPLY EVEN WHERE SUCH COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES, FINES, PENALTIES, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND/OR SUITS ARISE IN ANY PART FROM THE NEGLIGENCE OF CITY, THE ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS AND REPRESENTATIVES OF CITY, UNDER THIS CONTRACT. The provisions of this INDEMNITY are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. It is the EXPRESS INTENT of the parties to this CONTRACT that the INDEMNITY provided for in this section is an INDEMNITY extended by CONTRACTOR to INDEMNIFY, PROTECT and HOLD HARMLESS the CITY from the consequences of the CITY'S OWN NEGLIGENCE, provided however, that the INDEMNITY provided for in this section SHALL APPLY only when the NEGLIGENT ACT of the City is a CONTRIBUTORY CAUSE of the Page 5 Rev. 411 :1ENGINEERINGIRFOS\RFP NO 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMACJI9 AGENDA ITEMMASTER AGREEMENT BARCOM FMAC FACILITIES MULTIPLE AWARD CONTRACT DOCX resultant injury, death or damage and shall have no application when the negligent act of the CITY is the sole cause of the resultant injury, death or damage. CONTRACTOR further AGREES TO DEFEND, AT ITS OWN EXPENSE and ON BEHALF OF THE CITY AND IN THE NAME OF THE CITY AND WITH COUNSEL ACCEPTABLE TO THE CITY, any claim or litigation brought against the CITY and its elected officials, employees, officers, directors, volunteers and representatives, in connection with any such injury, death or damage for which this INDEMNITY shall apply, as set forth above. CONTRACTOR shall advise the CITY in writing, within 24 hours, of any claim or demand against the CITY or CONTRACTOR, known to CONTRACTOR, related to or arising out of activities under this CONTRACT and shall see to the investigation and defense of such claim or demand at CONTRACTOR'S cost. The CITY shall have the right, at its option and at its own expense, to participate in such defense without relieving CONTRACTOR of any of its obligations under this paragraph. ARTICLE VII - INSURANCE REQUIREMENTS 7.1 Texas law requires that contractors, subcontractors and others must be covered under Workers' Compensation insurance, authorized self-insurance or a workers' compensation coverage agreement. Throughout this Agreement, such coverage must be provided. Contractor shall comply with the Insurance Requirements for Workers' Compensation Coverage as described and shown in the Notice to Contractors, attached as Exhibit B. 7.2 Contractor shall comply with the Insurance Requirements as described and shown in Exhibit B. ARTICLE VIII - TERMINATION OF AGREEMENT 8.1 The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to the Contractor at the address of record. 8.2 In this event, the Contractor will be compensated for its services on all work completed and accepted by the City at the time of termination. ARTICLE IX — RIGHT OF REVIEW AND AUDIT 9.1 Contractor grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Contractor's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Contractor agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 "Contractor's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, Page 6 Rev. 4/1 K:IENGINEERING1RFQS\RFP NO. 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMAC)19 AGENDA ITEM1MASTER AGREEMENT BARCOM FMAC FACILITIES MULTIPLE AWARD CONTRACT.DOCX procedures, federal and state tax filings for issue in questions and any and all other agreements, sources of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Contractor's records only during City's regular business hours. Contractor agrees to allow City's designee access to all of Contractor's records, Contractor's facilities and Contractor's current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Contractor also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Contractor shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X -- OTHER PROVISIONS 10.1 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Contractor 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 Contractor. 10.2 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. All legal proceedings must be filed, tried and cannot be removed from Nueces County, Texas. 10.3 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 10.4 Independent Contractor. Contractor, it and all persons designated by it to provide services in connection with this Agreement or any Task Order Agreement executed pursuant to this Agreement, is and shall be deemed to be an independent contractor, responsible for its respective acts or omissions, and City shall in no way be responsible for Contractor's actions and neither party hereto will have authority to bind the other or to hold out to third parties that it has such authority. 10.5 Captions. The captions, titles and headings in this Agreement are merely for convenience of the parties and shall neither limit nor amplify the provisions of the Agreement itself. 10.6 Notices to be given by either party to the other relative to this Agreement shall be in writing. Both parties agree that any such notice shall be effective when personally delivered or deposited, postage paid, in the U.S. Mail addressed by certified mail, return receipt request, as follows: CITY: City of Corpus Christi Attn: Jeff Edmonds, Director of Engineering Services 1201 Leopard Street, 3rd Floor Corpus Christi, TX 78401 Fax: 361-826-3501 CC: City of Corpus Christi Page 7 Rev. 411 K:IENGINEERINGIRFOSIRFP NO 2016-04 FACILITIES MULTIPLE AWARD CONTRACT IFMACj19 AGENDA ITEMIMASTER AGREEMENT BARCOM FMAC FACILITIES MULTIPLE AWARD CONTRACT DOCX CONTRACTOR: Name: Elaine R. Hoffman Title: President Address: 5826 Bear Lane, Corpus Christi, TX 78405 Telephone: (361) 851-1000 Fax: Email: elaine@barcom.cc CITY OF CORPUS CHRISTI BARCOM CONSTRUCTION J. H. Edmonds, P. E., (Date) Director of Engineering Services APPROVED AS TO LEGAL FORM Assistant City Attorney (Date) forCity Attorney ATTEST Rebecca Huerta, City Secretary ea&u. ,Y 1 07/08116 Elaine R. Hoffman "`" (Date) President 5825 Bear Lane Corpus Christi, TX 78405 (361) 851-1000 Office Page 8 Rev. 411 KIENGINEERP G RFOSIRFP NO 2015-04 FACILITIES MULTIPLE AWARD CONTRACT (FMAC3IC FRAC MASTER AGREEMEHf5l2 FRAC MASTER AGREEMENT BARCOIIAOCX Facilities Multiple Award Contract (FMAC) for the Minor Construction, Repair, Rehabilitation, and Alteration of Facilities Attachments Available Upon Request Page 9 Rev. 4/1 K:IENGINEERINGIRFOSIRFP NO, 2016-04 FACILITIES MULTIPLE AWARD CONTRACT 1FMACj19 AGENDA ITEMMASTER AGREEMENT BARCOM - FMAC FACILITIES MULTIPLE AWARD CONTRACT.DOCX CITY OF CORPUS CHRISTI FACILITIES MULTIPLE AWARD CONTRACT MASTER AGREEMENT This Agreement is entered into on , 2016, between 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 and Cruz Maintenance & Construction, Inc., a Texas Corporation, 3041 Cabaniss Road, Corpus Christi, Texas 78415 (Contractor). WHEREAS, Texas Government Code Chapter 2269, Subchapter I authorizes the City to contract for the maintenance, repair, alteration, renovation, remediation or minor construction of city -owned facilities when the work is of a recurring nature but the delivery times, type and quantities of work required are indefinite; WHEREAS, the City's Department of Engineering Services issued a Request for Proposals No. 2016-04 - Master Agreement for Facilities Multiple Award Contract (FMAC) for the Minor Construction, Repair, Rehabilitation and Alteration of Facilities to provide services on an on-call or as -needed basis, through individually priced task orders for the maintenance, repair, alteration, renovation, remediation or construction of facilities; and WHEREAS, Contractor submitted a proposal in response to the RFP (Proposal) and was selected for recommendation for award; and WHEREAS, the parties desire to enter into a Facilities Multiple Award Contract Master Agreement (Agreement) to set the terms and conditions the parties must follow; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: ARTICLE I — FACILITIES MULTIPLE AWARD CONTRACT PROGRAM 1.1 The City has awarded or will award one or more FMAC Master Agreements. 1.2 This Agreement consists of the following Contract Documents, which specify the terms and conditions that the parties agree to comply with throughout the term of the Agreement: 1.2.1 RFP No. 2016-04 and Addenda, 1.2.2 Contractor's Proposal, including all attachments and exhibits, submitted in response to RFP No. 2016-04 (Exhibit A), 1.2.3 this FMAC Master Agreement, including all attachments and exhibits 1.2.4 Specifications, forms and documents listed in SECTION 00 01 00 TABLE OF CONTENTS. 1.3 The parties agree to comply with the Agreement and any additional terms and conditions specified in the FMAC Task Orders issued hereunder. 1.4 This Agreement is a competitively awarded master agreement with an undefined State of Work (SOW). The work is of an indefinite quantity and a recurring nature, delivered on an on-call or as -needed basis, through individually priced FMAC Task Orders (Order). The Agreement may support a broad assortment of facilities construction work, including maintenance, repair, alteration, renovation, remediation or minor construction. Page 1 Rev. 4/1 KIENGINEERINGSRFOSIRFP NO 2016-04 FACILITIES MULTIPLE AWARD CONTRACT IFIAACy,1:r FMAC MASTER AGREEMENTS14 FMAC MASTER AGREEMENT CRUZ MAINTENANCE DOCX 1.5 This Agreement and any Task Order applies only to a facility that is a building, or a structure or land, whether improved or unimproved, that is associated with a building. The City currently owns approximately 1200 properties that require a variety of minor construction, repair, rehabilitation or alteration services, including but not limited to services for three areas: general, mechanical/electrical/plumbing (MEP) and roofing. 1.5.1 Minor construction may include a range of services from new office construction (as well as demolition) to completing a new floor plan, etc. 1.5.2 Repair is defined as work that involves the reparation of a broken system, component or sub- component of a building such as doors, electrical outlets, plumbing, flooring, sheetrock and/or air conditioning systems, etc. 1.5.3 Rehabilitation is defined as work that involves the restoration of an office, floor, system or component of a system in order to restore functionality. 1.5.4 Alteration is defined as work that involves extending a wall, upgrading lighting fixtures, installing a door where one did not exist, replacing flooring, etc. 1.6 Contractor must provide all labor, services, equipment, materials, tools, transportation, mobilization, insurance, subcontracts, bonds, supervision, management, reports, incidentals and quality control necessary to complete all services agreed to in a timely manner as required by the Contract Documents throughout the term of the Agreement. 1.7 Contractor's Project General Manager shall be knowledgeable in multiple disciplines, including electrical, mechanical, HVAC, paving, landscaping, painting, roofing and plumbing. 1.8 Contractor may be required to submit a Safety Plan to the City within 15 calendar days after Award of Agreement. The Safety Plan must address all aspects of the Contractor's safety procedures, including responsibility for OSHA compliance, drug testing, trend analysis, corrective action and interface with City inspectors. ARTICLE II — PERIOD OF SERVICE AND COMPENSATION 2.1 The base term of this Agreement is for two years with the option to administratively renew annually for not more than three additional years. 2.2 The maximum aggregate price for work during any one year of this Agreement's term is $2,000,000.00. 2.3 City shall pay Contractor in current funds for performance of each Order in accordance with both this Agreement and the Order as the work progresses. 2.4 This Agreement provides for no guaranteed minimum amount of Orders, no amount of work and no dollar amount. 2.5 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. Page 2 Rev. 4/1 KAENGINEERINGARFOSIRFP NO 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMAC}110 FMAC MASTER AGREEMENTSW FMAC MASTER AGREEMENT CRUZ MAINTENANCE DOCX ARTICLE III - FMAC TASK ORDER 3.1 The Facilities Multiple Award Contract Task Order (Order) will be for a defined Statement of Work to be performed within a set time period. 3.2 With the exception of emergencies, each Order will be competitively procured by requesting sealed proposals from each FMAC Contractor. 3.2.1 The Request for Task Order Proposal (RFTOP) will specify the date and time that sealed proposals will be publicly opened. 3.2.2 The RFTOP will include evaluation criteria, including but not limited to, price, past performance, past experience with similar sites, knowledge and capability of personnel, capacity, safety and other factors that directly impact the quality of work to be delivered. 3.2.3 The City shall have the right to reject all proposals, cancel a proposed project or elect to perform work utilizing city personnel. The City shall not be responsible for payment or costs incurred by the Contractor for the preparation and submission of a Task Order Proposal regardless of project outcome. 3.3 Each FMAC Task Order Agreement will incorporate by reference this Agreement. Contractor must comply with the terms and conditions of this Agreement throughout the term of the Agreement and during the performance of each Order. 3.4 Contractor shall construct and complete the improvements according to the Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in the Contractor's Order Proposal and as provided under this Agreement and the Order Agreement. 3.5 Contractor must not begin work on any Task Order authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. 3.6 Contractor shall provide performance and payment bonds if required by law based on the amount of the Order or if otherwise required by the City. At a minimum, the Contractor will be required to provide a payment bond on all Orders that exceed $50,000 and a performance bond on all Orders that exceed $100,000. 3.7 In the event that design services, construction drawings and/or plans are required, the City shall obtain these services from city resources or from a third -party consultant. The Contractor will not be permitted to contract with or hire consultants. 3.8 Contractor shall warrant that work performed conforms to the Task Order requirements and is free of any defect in equipment, material or design furnished or workmanship performed by the Contractor or any of its subcontractors or suppliers at any tier. All work provided by the Contractor shall be warranted for a minimum period of one year from the date of final acceptance of the Work. Equipment warranties shall be as required under the Statement of Work. ARTICLE IV — SCHEDULING OF WORK 4.1 The first day of performance shall be the effective date specified in the Task Order Agreement. Any preliminary work started, materials ordered or purchased prior to receipt of the City's Notice to Proceed shall be at the Contractor's risk and expense. Page 3 Rev. 411 KCIENGINEERINGIRFOSIRFP NO 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMACA10 FMAC MASTER AGREEMENTSI4 FMAC MASTER AGREEMENT CRUZ MAINTENANCE DOCX 4.2 The Contractor shall meticulously prosecute the Work to completion within the time set forth in the Task Order. 4.3 The period of performance shall include allowance for mobilization, holidays, weekends, inclement weather, cleanup and project acceptance procedures. 4.4 When the Contractor considers the Work to be complete and ready for its intended use, Contractor shall notify the Director of Engineering Services or designee. The City shall inspect the Work to determine the status for completion. The Contractor shall promptly proceed to complete or correct listed items. 4.5 Contractor shall ensure that the purchase, delivery and storage of materials and equipment shall be made without interference to the City operations and personnel. 4.6 Contractor shall be responsible for removing furniture and/or portable office equipment from the immediate work area as well as replacing to its original location upon work completion. In the event that said items cannot be replaced within its original location, the City shall designate alternate location(s) for placement. 4.7 Contractor shall take all necessary precautions to ensure that no damage shall result from operations to private or public property. All damages must be repaired or replaced by the Contractor at no additional cost to the City. 4.8 Contractor shall be responsible for providing all necessary traffic control, to include but is not limited to, street blockages, traffic cones, flagmen, etc. as required for each Task Order. Proposed traffic control methods must be submitted to the City for approval prior to commencement of work. 4.9 Contractor shall be responsible for obtaining all required permits applicable to performance under any single order placed against this contract. The City shall be responsible for the cost of any and all City permits. ARTICLE V — "GREEN BUILDING" PROGRAM 5.1 In an effort to conserve resources, as well as, preserve our environment, the City is in the process of developing a program to support a "Green Building" policy for all new city -owned and funded facilities. A "green building," also known as a high performance building, shall include a structure or facility that is designed, built, renovated and operated in a resource -efficient and healthful manner. Green buildings are designed to meet certain objectives such as: conserve energy and water, use renewable, recyclable or reclaimed materials, protect occupant health, optimize use of local and regional resources, and reduce the overall impact of that new structure to the environment. The program initiatives for a "Green Building" policy may include the following: 5.1.1 All new buildings and major renovations constructed by the City of Corpus Christi or its contractors and funded directly by the City of Corpus Christi shall be designed and constructed with economical and technically feasible green building components. 5.1.2 The City of Corpus Christi shall focus this green building policy in an effort to meet the requirements of the Texas Emissions Reduction Plan, specifically Chapter 388 of the Texas Health and Safety Code. Section 388.005 states that certain political subdivisions should: (a) implement all cost effective "energy efficiency measures" in order to reduce electric consumption by the existing facilities, (b) establish a goal to reduce electric consumption by its Page 4 Rev. 4/1 KIENGINEERINGIRFOSIRFP NO 201E-04 FACILITIES MULTIPLE AWARD CONTRACT {FMACj110 FMAC MASTER AGREEMENTSW FMAC MASTER AGREEMENT CRUZ MAINTENANCE.DOCX facilities of five percent each year for five years, and (c) annually report to State Energy Conservation Office (SEC) its efforts and progress in reduction of electricity. 5.1.3 City staff will develop a green building program for the city facilities targeted in this policy. This green building program will describe the standards of the green building components, including standards for energy efficiency, renewable materials, water conservation, air flow and site location. This program shall also describe the target buildings, exemptions and methods to achieve the goals of this policy. The development of this plan will include an evaluation of the AIA "2020 Challenge," the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED), and the Environmental Protection Agency's Energy Star Program. Feasible components of these programs will be incorporated into this plan. A review of the accomplishments made under this plan shall be reported to City Council annually. 5.1.4 All maintenance practices performed by the City of Corpus Christi shall incorporate energy efficiency and green building practices. ARTICLE VI — INDEMNIFICATION CONTRACTOR covenants and agrees to FULLY INDEMNIFY and HOLD HARMLESS the CITY and the elected officials, employees, officers, directors and representatives of the CITY, individually or collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including but not limited to, personal or bodily injury, death andlor property damage made upon the CITY, directly or indirectly arising out of, resulting from or related to CONTRACTOR'S activities under this CONTRACT, including any acts or omissions of CONTRACTOR and/or CONTRACTOR'S agent, officer, director, representative, employee, consultant or subcontractor while in the exercise of performance of the rights or duties under this CONTRACT, all without, however, waiving any governmental immunity available to the CITY under Texas Law and without waiving any defenses of the parties under Texas Law. IT IS FURTHER COVENANTED AND AGREED THAT SUCH INDEMNITY SHALL APPLY EVEN WHERE SUCH COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES, FINES, PENALTIES, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND/OR SUITS ARISE IN ANY PART FROM THE NEGLIGENCE OF CITY, THE ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS AND REPRESENTATIVES OF CITY, UNDER THIS CONTRACT. The provisions of this INDEMNITY are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. It is the EXPRESS INTENT of the parties to this CONTRACT that the INDEMNITY provided for in this section is an INDEMNITY extended by CONTRACTOR to INDEMNIFY, PROTECT and HOLD HARMLESS the CITY from the consequences of the CITY'S OWN NEGLIGENCE, provided however, that the INDEMNITY provided for in this section SHALL APPLY only when the NEGLIGENT ACT of the City is a CONTRIBUTORY CAUSE of the resultant injury, death or damage and shall have no application when the negligent act of the CITY is the sole cause of the resultant injury, death or damage. CONTRACTOR further AGREES TO DEFEND, AT ITS OWN EXPENSE and ON BEHALF OF THE CITY AND IN THE NAME OF THE CITY AND WITH COUNSEL ACCEPTABLE TO THE CITY, any claim or litigation brought against the CITY and its elected officials, employees, officers, directors, volunteers and representatives, in Page 5 Rev. 4/1 KIENGINEERINGIRFOSIRFP NO 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMACJN0 FMAC MASTER AGREEMENTSW FMAC MASTER AGREEMENT CRUZ MAINTENANCE DOCX connection with any such injury, death or damage for which this INDEMNITY shall apply, as set forth above. CONTRACTOR shall advise the CITY in writing, within 24 hours, of any claim or demand against the CITY or CONTRACTOR, known to CONTRACTOR, related to or arising out of activities under this CONTRACT and shall see to the investigation and defense of such claim or demand at CONTRACTOR'S cost. The CITY shall have the right, at its option and at its own expense, to participate in such defense without relieving CONTRACTOR of any of its obligations u nder this paragraph. ARTICLE VII - INSURANCE REQUIREMENTS 7.1 Texas law requires that contractors, subcontractors and others must be covered under Workers' Compensation insurance, authorized self-insurance or a workers' compensation coverage agreement. Throughout this Agreement, such coverage must be provided. Contractor shall comply with the Insurance Requirements for Workers' Compensation Coverage as described and shown in the Notice to Contractors, attached as Exhibit B. 7.2 Contractor shall comply with the Insurance Requirements as described and shown in Exhibit B. ARTICLE VIII - TERMINATION OF AGREEMENT 8.1 The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to the Contractor at the address of record. 8.2 In this event, the Contractor will be compensated for its services on all work completed and accepted by the City at the time of termination. ARTICLE IX — RIGHT OF REVIEW AND AUDIT 9.1 Contractor grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Contractor's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Contractor agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 "Contractor's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheetsdocuments, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and any and all other agreements, sources of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Contractor's records only during City's regular business hours. Contractor agrees to allow City's designee access to all of Contractor's records, Page 6 Rev. 411 KIENGINEERINGLRFOSIRFP NO. 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMAC»110 FMAC MASTER AGREEMENTS 4 FMAC MASTER AGREEMENT CRUZ MAINTENANCE DOCX Contractor's facilities and Contractor's current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Contractor also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Contractor shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X — OTHER PROVISIONS 10.1 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Contractor 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 Contractor. 10.2 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. All legal proceedings must be filed, tried and cannot be removed from Nueces County, Texas. 10.3 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 10.4 Independent Contractor. Contractor, it and all persons designated by it to provide services in connection with this Agreement or any Task Order Agreement executed pursuant to this Agreement, is and shall be deemed to be an independent contractor, responsible for its respective acts or omissions, and City shall in no way be responsible for Contractor's actions and neither party hereto will have authority to bind the other or to hold out to third parties that it has such authority. 10.5 Captions. The captions, titles and headings in this Agreement are merely for convenience of the parties and shall neither limit nor amplify the provisions of the Agreement itself. 10.6 Notices to be given by either party to the other relative to this Agreement shall be in writing. Both parties agree that any such notice shall be effective when personally delivered or deposited, postage paid, in the U.S. Mail addressed by certified mail, return receipt request, as follows: CITY: City of Corpus Christi Attn: Jeff Edmonds, Director of Engineering Services 1201 Leopard Street, 3rd Floor Corpus Christi, TX 78401 Fax: 361-826-3501 CC: City of Corpus Christi Attn: Veronica Ocanas, Assistant City Attorney 1201 Leopard Street, 5u' Floor Corpus Christi, TX 78401 Fax: 361-826-3239 Page 7 Rev. 4/1 KIENGINEERINGIRFOSIRFP NO 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMAC}I10 FMAC MASTER AGREEMENTSW FMAC MASTER AGREEMENT CRUZ MAINTENANCE DOCX CONTRACTOR: Name: Christopher Cruz Title: President Address: 3041 Cabaniss Road, Corpus Christi, TX 78415 Telephone: (361) 851-2002 Fax: Email: ccruz©cruzcmc.com CITY OF CORPUS CHRISTI CR I AINTENANCE & CONSTRUCTION, INC. J. H. Edmonds, P. E., (Date) Christopher Cruz (• ate) Director of Engineering Services President 3041 Cabaniss Road Corpus Christi, TX 78415 APPROVED AS TO LEGAL FORM (361) 851-2002 Office Assistant City Attorney _ (Date) for City Attorney ATTEST Rebecca Huerta, City Secretary 1.. Page 6 Rev. 4/1 K IENGINEERI G1RFCSIRFP NO. 2015.04 FACILITIES MULTIPLE AWARD CONTRACT (FWIC}110 FMAC MASTER AGREEMENTS% FMAC MASTER AGREEMENT CRUZ MA NTENANCE.DOCX Facilities Multiple Award Contract (FMAC) for the Minor Construction, Repair, Rehabilitation, and Alteration of Facilities Attachments Available Upon Request CITY OF CORPUS CHRISTI FACILITIES MULTIPLE AWARD CONTRACT MASTER AGREEMENT This Agreement is entered into on , 2016, between 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 and J E Construction Services, 11309 Leopard Street, Suite E, Corpus Christi, Texas 78410 (Contractor). WHEREAS, Texas Government Code Chapter 2269, Subchapter I authorizes the City to contract for the maintenance, repair, alteration, renovation, remediation or minor construction of city -owned facilities when the work is of a recurring nature but the delivery times, type and quantities of work required are indefinite; WHEREAS, the City's Department of Engineering Services issued a Request for Proposals No. 2016-04 - Master Agreement for Facilities Multiple Award Contract (FMAC) for the Minor Construction, Repair, Rehabilitation and Alteration of Facilities to provide services on an on-call or as -needed basis, through individually priced task orders for the maintenance, repair, alteration, renovation, remediation or construction of facilities; and WHEREAS, Contractor submitted a proposal in response to the RFP (Proposal) and was selected for recommendation for award; and WHEREAS, the parties desire to enter into a Facilities Multiple Award Contract Master Agreement (Agreement) to set the terms and conditions the parties must follow; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: ARTICLE I -- FACILITIES MULTIPLE AWARD CONTRACT PROGRAM 1.1 The City has awarded or will award one or more FMAC Master Agreements. 1.2 This Agreement consists of the following Contract Documents, which specify the terms and conditions that the parties agree to comply with throughout the term of the Agreement: 1.2.1 RFP No. 2016-04 and Addenda, 1.2.2 Contractor's Proposal, including all attachments and exhibits, submitted in response to RFP No. 2016-04 (Exhibit A), 1.2.3 this FMAC Master Agreement, including all attachments and exhibits 1.2.4 Specifications, forms and documents listed in SECTION 00 01 00 TABLE OF CONTENTS. 1.3 The parties agree to comply with the Agreement and any additional terms and conditions specified in the FMAC Task Orders issued hereunder. 1.4 This Agreement is a competitively awarded master agreement with an undefined State of Work (SOW). The work is of an indefinite quantity and a recurring nature, delivered on an on-call or as -needed basis, through individually priced FMAC Task Orders (Order). The Agreement may support a broad assortment of facilities construction work, including maintenance, repair, Page 1 Rev. 4/1 KIENGINEERING1RFOS5RFP NO 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMAC)110 FMAC MASTER AGREEMENTSI3 FMAC MASTER AGREEMENT J E CONSTRUCTION DOCX alteration, renovation, remediation or minor construction. 1.5 This Agreement and any Task Order applies only to a facility that is a building, or a structure or land, whether improved or unimproved, that is associated with a building. The City currently owns approximately 1200 properties that require a variety of minor construction, repair, rehabilitation or alteration services, including but not limited to services for three areas: general, mechanical/electrical/plumbing (MEP) and roofing. 1.5.1 Minor construction may include a range of services from new office construction (as well as demolition) to completing a new floor plan, etc. 1.5.2 Repair is defined as work that involves the reparation of a broken system, component or sub -component of a building such as doors, electrical outlets, plumbing, flooring, sheetrock and/or air conditioning systems, etc. 1.5.3 Rehabilitation is defined as work that involves the restoration of an office, floor, system or component of a system in order to restore functionality. 1.5.4 Alteration is defined as work that involves extending a wall, upgrading lighting fixtures, installing a door where one did not exist, replacing flooring, etc. 1.6 Contractor must provide all labor, services, equipment, materials, tools, transportation, mobilization, insurance, subcontracts, bonds, supervision, management, reports, incidentals and quality control necessary to complete all services agreed to in a timely manner as required by the Contract Documents throughout the term of the Agreement. 1.7 Contractor's Project General Manager shall be knowledgeable in multiple disciplines, including electrical, mechanical, HVAC, paving, landscaping, painting, roofing and plumbing. 1.8 Contractor may be required to submit a Safety Plan to the City within 15 calendar days after Award of Agreement. The Safety Plan must address all aspects of the Contractor's safety procedures. including responsibility for OSHA compliance, drug testing, trend analysis, corrective action and interface with City inspectors. ARTICLE II — PERIOD OF SERVICE AND COMPENSATION 2.1 The base term of this Agreement is for two years with the option to administratively renew annually for not more than three additional years. 2.2 The maximum aggregate price for work during any one year of this Agreement's term is $2,000,000.00. 2.3 City shall pay Contractor in current funds for performance of each Order in accordance with both this Agreement and the Order as the work progresses. 2.4 This Agreement provides for no guaranteed minimum amount of Orders, no amount of work and no dollar amount. 2.5 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. Page 2 Rev. 4/1 KIENGINEERINGIRFOSIRFP NO 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMACj110 FMAC MASTER AGREEMENTS53 FMAC MASTER AGREEMENT J E CONSTRUCTION, DOCX ARTICLE III - FMAC TASK ORDER 3.1 The Facilities Multiple Award Contract Task Order (Order) will be for a defined Statement of Work to be performed within a set time period. 3.2 With the exception of emergencies, each Order will be competitively procured by requesting sealed proposals from each FMAC Contractor. 3.2.1 The Request for Task Order Proposal (RFTOP) will specify the date and time that sealed proposals will be publicly opened. 3.2.2 The RFTOP will include evaluation criteria, including but not limited to, price, past performance, past experience with similar sites, knowledge and capability of personnel, capacity, safety and other factors that directly impact the quality of work to be delivered. 3.2.3 The City shall have the right to reject all proposals, cancel a proposed project or elect to perform work utilizing city personnel. The City shall not be responsible for payment or costs incurred by the Contractor for the preparation and submission of a Task Order Proposal regardless of project outcome. 3.3 Each FMAC Task Order Agreement will incorporate by reference this Agreement. Contractor must comply with the terms and conditions of this Agreement throughout the term of the Agreement and during the performance of each Order. 3.4 Contractor shall construct and complete the improvements according to the Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in the Contractor's Order Proposal and as provided under this Agreement and the Order Agreement. 3.5 Contractor must not begin work on any Task Order authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. 3.6 Contractor shall provide performance and payment bonds if required by law based on the amount of the Order or if otherwise required by the City. At a minimum, the Contractor will be required to provide a payment bond on all Orders that exceed $50,000 and a performance bond on all Orders that exceed $100,000. 3.7 In the event that design services, construction drawings and/or plans are required, the City shall obtain these services from city resources or from a third -party consultant. The Contractor will not be permitted to contract with or hire consultants. 3.8 Contractor shall warrant that work performed conforms to the Task Order requirements and is free of any defect in equipment, material or design furnished or workmanship performed by the Contractor or any of its subcontractors or suppliers at any tier All work provided by the Contractor shall be warranted for a minimum period of one year from the date of final acceptance of the Work. Equipment warranties shall be as required under the Statement of Work. ARTICLE IV — SCHEDULING OF WORK 4.1 The first day of performance shall be the effective date specified in the Task Order Agreement. Any preliminary work started, materials ordered or purchased prior to receipt of the City's Notice to Proceed shall be at the Contractor's risk and expense. Page 3 Rev. 4/1 K ENGINEERINGIRFOSIRFP NO. 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMAD)110 FMAC MASTER AGREEMENTSI3 FMAC MASTER AGREEMENT .1 E CL' NSTRUCTION.DOCX 4.2 The Contractor shall meticulously prosecute the Work to completion within the time set forth in the Task Order. 4.3 The period of performance shall include allowance for mobilization, holidays, weekends, inclement weather, cleanup and project acceptance procedures. 4.4 When the Contractor considers the Work to be complete and ready for its intended use, Contractor shall notify the Director of Engineering Services or designee. The City shall inspect the Work to determine the status for completion. The Contractor shall promptly proceed to complete or correct listed items. 4.5 Contractor shall ensure that the purchase, delivery and storage of materials and equipment shall be made without interference to the City operations and personnel. 4.6 Contractor shall be responsible for removing furniture and/or portable office equipment from the immediate work area as well as replacing to its original location upon work completion. In the event that said items cannot be replaced within its original location, the City shall designate alternate location(s) for placement. 4.7 Contractor shall take all necessary precautions to ensure that no damage shall result from operations to private or public property. All damages must be repaired or replaced by the Contractor at no additional cost to the City. 4.8 Contractor shall be responsible for providing all necessary traffic control, to include but is not limited to, street blockages, traffic cones, flagmen, etc. as required for each Task Order. Proposed traffic control methods must be submitted to the City for approval prior to commencement of work. 4.9 Contractor shall be responsible for obtaining all required permits applicable to performance under any single order placed against this contract. The City shall be responsible for the cost of any and all City permits. ARTICLE V — "GREEN BUILDING' PROGRAM 5.1 In an effort to conserve resources, as well as, preserve our environment, the City is in the process of developing a program to support a "Green Building" policy for all new city -owned and funded facilities. A "green building,' also known as a high performance building, shall include a structure or facility that is designed, built, renovated and operated in a resource -efficient and healthful manner. Green buildings are designed to meet certain objectives such as: conserve energy and water, use renewable, recyclable or reclaimed materials, protect occupant health, optimize use of local and regional resources. and reduce the overall impact of that new structure to the environment. The program initiatives for a "Green Building' policy may include the following: 5.1 .1 All new buildings and major renovations constructed by the City of Corpus Christi or its contractors and funded directly by the City of Corpus Christi shall be designed and constructed with economical and technically feasible green building components. 5.1.2 The City of Corpus Christi shall focus this green building policy in an effort to meet the requirements of the Texas Emissions Reduction Plan, specifically Chapter 388 of the Texas Health and Safety Code. Section 388.005 states that certain political subdivisions Page 4 Rev. 4/1 ISiENGINEERINGIRFOSIRFP NO 2016.04 FACILITIES MULTIPLE AWARD CONTRACT (FMAC►110 FMAC MASTER AGREEMENTSI3 FMAC MASTER AGREEMENT J E CCNSTRUCTION DOCX should: (a) implement all cost effective "energy efficiency measures" in order to reduce electric consumption by the existing facilities, (b) establish a goal to reduce electric consumption by its facilities of five percent each year for five years, and (c) annually report to State Energy Conservation Office (SEC) its efforts and progress in reduction of electricity. 5.1.3 City staff will develop a green building program for the city facilities targeted in this policy. This green building program will describe the standards of the green building components, including standards for energy efficiency, renewable materials, water conservation, air flow and site location. This program shall also describe the target buildings, exemptions and methods to achieve the goals of this policy. The development of this plan will include an evaluation of the AIA '2020 Challenge," the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED), and the Environmental Protection Agency's Energy Star Program. Feasible components of these programs will be incorporated into this plan. A review of the accomplishments made under this plan shall be reported to City Council annually. 5.1.4 All maintenance practices performed by the City of Corpus Christi shall incorporate energy efficiency and green building practices. ARTICLE VI — INDEMNIFICATION CONTRACTOR covenants and agrees to FULLY INDEMNIFY and HOLD HARMLESS the CITY and the elected officials, employees, officers, directors and representatives of the CITY, individually or collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including but not limited to, personal or bodily injury, death and/or property damage made upon the CITY, directly or indirectly arising out of, resulting from or related to CONTRACTOR'S activities under this CONTRACT, including any acts or omissions of CONTRACTOR and/or CONTRACTOR'S agent, officer, director, representative, employee, consultant or subcontractor while in the exercise of performance of the rights or duties under this CONTRACT, all without, however, waiving any governmental immunity available to the CITY under Texas Law and without waiving any defenses of the parties under Texas Law. IT IS FURTHER COVENANTED AND AGREED THAT SUCH INDEMNITY SHALL APPLY EVEN WHERE SUCH COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES, FINES, PENALTIES, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND/OR SUITS ARISE IN ANY PART FROM THE NEGLIGENCE OF CITY, THE ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS AND REPRESENTATIVES OF CITY, UNDER THIS CONTRACT. The provisions of this INDEMNITY are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. It is the EXPRESS INTENT of the parties to this CONTRACT that the INDEMNITY provided for in this section is an INDEMNITY extended by CONTRACTOR to INDEMNIFY, PROTECT and HOLD HARMLESS the CITY from the consequences of the CITY'S OWN NEGLIGENCE, provided however, that the INDEMNITY provided for in this section SHALL APPLY only when the NEGLIGENT ACT of the City is a CONTRIBUTORY CAUSE of the Page 5 Rev. 4/1 K,IENGINEERINGIRFQSIRFP NO 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMAC)ISO FMAC MASTER AGREEMENTS53 FMAC MASTER AGREEMENT J E CONSTRUCTION.DOCX resultant injury, death or damage and shall have no application when the negligent act of the CITY is the sole cause of the resultant injury, death or damage. CONTRACTOR further AGREES TO DEFEND, AT ITS OWN EXPENSE and ON BEHALF OF THE CITY AND IN THE NAME OF THE CITY AND WITH COUNSEL ACCEPTABLE TO THE CITY, any claim or litigation brought against the CITY and its elected officials, employees, officers, directors, volunteers and representatives, in connection with any such injury, death or damage for which this INDEMNITY shall apply, as set forth above. CONTRACTOR shall advise the CITY in writing, within 24 hours, of any claim or demand against the CITY or CONTRACTOR, known to CONTRACTOR, related to or arising out of activities under this CONTRACT and shall see to the investigation and defense of such claim or demand at CONTRACTOR'S cost. The CITY shall have the right, at its option and at its own expense, to participate in such defense without relieving CONTRACTOR of any of its obligations under this paragraph. ARTICLE VII - INSURANCE REQUIREMENTS 7.1 Texas law requires that contractors, subcontractors and others must be covered under Workers' Compensation insurance, authorized self-insurance or a workers' compensation coverage agreement. Throughout this Agreement, such coverage must be provided. Contractor shall comply with the Insurance Requirements for Workers' Compensation Coverage as described and shown in the Notice to Contractors, attached as Exhibit B. 7.2 Contractor shall comply with the Insurance Requirements as described and shown in Exhibit B. ARTICLE VIII - TERMINATION OF AGREEMENT 8.1 The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to the Contractor at the address of record. 8.2 In this event, the Contractor will be compensated for its services on all work completed and accepted by the City at the time of termination. ARTICLE IX — RIGHT OF REVIEW AND AUDIT 9.1 Contractor grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Contractor's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Contractor agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 "Contractor's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, Page 6 Rev. 4/1 KAENGINEERINGIRFOSIRFP NO 2016.04 FACILITIES MULTIPLE AWARD CONTRACT (FMACjl10 FMAC MASTER AGREEMENTS'3 FMAC MASTER AGREEMENT J E CONSTRUCTION DOCX procedures, federal and state tax filings for issue in questions and any and all other agreements, sources of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Contractor's records only during City's regular business hours. Contractor agrees to allow City's designee access to all of Contractor's records, Contractor's facilities and Contractor's current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Contractor also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Contractor shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X — OTHER PROVISIONS 10.1 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Contractor 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 Contractor. 10.2 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. All legal proceedings must be filed, tried and cannot be removed from Nueces County, Texas. 10.3 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 10.4 Independent Contractor. Contractor, it and all persons designated by it to provide services in connection with this Agreement or any Task Order Agreement executed pursuant to this Agreement, is and shall be deemed to be an independent contractor, responsible for its respective acts or omissions, and City shall in no way be responsible for Contractor's actions and neither party hereto will have authority to bind the other or to hold out to third parties that it has such authority. 10.5 Captions. The captions, titles and headings in this Agreement are merely for convenience of the parties and shall neither limit nor amplify the provisions of the Agreement itself. 10.6 Notices to be given by either party to the other relative to this Agreement shall be in writing. Both parties agree that any such notice shall be effective when personally delivered or deposited, postage paid, in the U.S. Mail addressed by certified mail, return receipt request, as follows: CITY: City of Corpus Christi Attn: Jeff Edmonds, Director of Engineering Services 1201 Leopard Street, 3b Floor Corpus Christi, TX 78401 Fax: 361-826-3501 CC: City of Corpus Christi Page 7 Rev. 411 K:IENGINEERINGIRFQSIRFP NO 2016-04 FACILITIES MULTIPLE AWARD CONTRACT (FMACA10 FMAC MASTER AGREEMENTSY3 FMAC MASTER AGREEMENT .1 E CONSTRUCTION. DOCX Attn: Veronlcs Ocanes, Assistant City Attomey 1201 Leopard Street, 5n' Floor Corpus Christi, TX 78401 Fax 361-826-3239 CONTRACTOR Name: Grant Dletze Title: Vice President Address: 11309 Leopard Street, Suite E Telephone: (361) 933-0501 Fax Email: grant{Jecs.cc CITY OF CORPUS CHRISTI J E CONSTRUCTION SERVICES J. H. Edmonds, P. E.,(Osla) (Date) Director of Engineering Services Vice President 11309 Leopard Street, Suite E Corpus Christi, TX 78410 APPROVED AS TO LEGAL FORM (381) 933-0501 Office Assistant City Attorney (Date) for City Attorney ATTEST Rebecca Huerta, City Secretary Pap 8 Rev. 41t NO 201144FACRtTIe3110ILTI ANMAOCONTRACTIF1UCw10FLOCMASTER/0021I101130F11ACMASTENAG BITJ! CO STRUCMNZOC11 Facilities Multiple Award Contract (FMAC) for the Minor Construction, Repair, Rehabilitation, and Alteration of Facilities Attachments Available Upon Request Carpus Chr sti Engineering Facilities Multiple Award Contract (FMAC) for the Minor Construction, Repair, Rehabilitation, and Alteration of Facilities Council Presentation July 19, 2016 Facilities Multiple Award Contract Corpus Chr sti Engineering FMAC Program replaces the previous Job Order Contract program and follows the same provisions of the Texas Government Code. • The new process will invite the pre -qualified contractors to submit competitive bids for each job. • Multi-year program with one-year base term with option to renew administratively for up to two one-year periods. • Projects under $500,000 will be executed administratively with a maximum aggregate of $2,000,000 to any one contractor per year. 2 Facilities Multiple Award Contract Corpus Chr sti Engineering Seven (7) contractors submitted Proposals with the following four (4) recommended after evaluations: ✓ Spaw Glass ✓ Barcom Construction ✓ Cruz Maintenance & Construction, Inc. ✓ J E Construction Services (Alternate Contractor) Selection Criteria • Experience and Qualifications (20%) • Technical Approach, Quality Control, Safety Plans (20%) • Past Performance (30%) • Price Factor (proposed coefficients) (30%) 3 Corpus Chrsti Engineering Questions? 4 Forms provided by Texas Ethics Commission www.ethics.state.tx us Version V1.0.1021 RFP No. 2016-04 Facility Multiple Award Contract (FMACI For the Minor Construction, Repair, Rehabilitation, and Alteration of Facilities CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1 - 4 and 6 if Mere are Interested parties Complete Nos. 1. 2, 3, 5, and 6 6 there are no Interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number. 2016-58907 Date Filed: 05119/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, stale and country of the business entity's place of business. SpawGlass Contractors, Inc. Harlingen, TX United States 2 Name of governmental entity or state agency rut a a party to the contract for which the form is being filet City of Corpus Christi 3 Provide the Identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. RFP No. 2016-04 General Contracting Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there Is NO Interested Party. El 6 AFFIDAVIT AFFIX Swam 20 l swear, or affirm, under penalty of perjury, that the above disclosure i5 true and correct. `.jai STEPHANIE DIXON `: My Notary ID 9124953247 a Expires June 10, 2020 i 1.•:"s''-""`°t seal of office. this the ] 4th day of liar NOTARY STAMP I SEAT. ABOVE to and subscribed before me, by the said 16 , to certify which, witness my hand and ., r+. Sip ' ure of officer acerdnistering i Printed name (drifter administering oath rine of officer admkislering oath Forms provided by Texas Ethics Commission www.ethics.state.tx us Version V1.0.1021 RFP No. 2016-04 Facility Multiple Award Contract (FMACI For the Minor Construction, Repair, Rehabilitation, and Alteration of Facilities CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Barcom Construction, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-78977 Date Filed: 06/30/2016 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 2016-04 Construction Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. 0 6 AFFIDAVIT AFFIX NOTARY STAMP / SEAL ABOVE I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. LNlL Signature of authoriz Sworn t9 and subscribed before me, by the said flit -"i? F-b�� ,iytC( h 20 ! (' , to certify which, witness my hand and seal of office. Signature of officer administering oath &,do•- Printed name of officer administering oath nt of contracting business entity , this the day of Title of officer:administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 • Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-79626 Date Filed: 07/05/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Cruz Maintenance & Construction, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. RFP No. 2016-04 General Contracting Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary Cruz, Christopher Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFI r • • e• • REBECCA BENAVIDEZ ..•��Notary Public, State of Texas t My Commission Expires � I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. r 1 June 03, 2017 '.. Sig" nature of authorized age f contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE �'t j� 1 (� Sworn to and subscribed before me, by the said l �1{ cIS\ Q `., ice C- . , this the `}-A day of 20 1 to , to certify which, witness my hand and seal of office. �/ / or `/✓/ddd4 [rot_ 1 F 4 l► 4 IIT/, 1 C £ fUf — ignature of office =ministering oath Printed name of officer administering oath tie of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 19, 2016 Action Item for the City Council Meeting of July 26, 2016 DATE: July 19, 2016 TO: Margie C. Rose, City Manager FROM: Edgar Leonard, Interim Director of Facilities and Property Management EdgarL(c�cctexas.com (361) 826-3567 Maria Pedraza, Procurement Manager mariape(c�cctexas.com (361) 826-3176 Service Agreement for Greenwood Senior Center Roof Repair CAPTION: Motion authorizing the City Manager, or designee, to execute a service agreement with South Texas Metal Roofing of Corpus Christi, Texas, for the roof repair of Greenwood Senior Center, in accordance with Bid Event No. 120, based on lowest, responsive and responsible bid for an amount not to exceed $184,250.00 and an additional 10% project contingency in the amount of $18,425 for unforeseen repairs. Funds have been budgeted through a Certificate of Obligation in FY 2015-2016. PURPOSE: The purpose of this Agenda Item is to execute a contract with South Texas Metal Roofing for the Greenwood Senior Center Roof Repair. BACKGROUND AND FINDINGS: The Greenwood Senior Center, approximately 8,250 square feet is located just southwest of downtown Corpus Christi next to the Health Clinic and Ben F. McDonald Public Library. It was originally built in the 1970's, so with this roof repair it should extend the life of the roof. 155 vendors were notified of this bid event via the City's Supplier Portal, of which only one bid submittal was received. City Council on July 07, 2015, approved a Five -Year Facilities Recapitalization Work Plan investment to be funded through an annual $2M Certificate Obligation. Year 1(FY14-15) of the Five -Year Facilities Recapitalization Work Plan is being executed. The Year 1 list of projects includes roof repairs and other major improvements to the Northwest, Lindale, and Greenwood Senior Centers, along with City Hall skylight repairs. Attached is a summary of to date budget expenditures and planned expenditures. Any remaining funds will be repurposed for facility improvements to other senior centers. ALTERNATIVES: Not approve the project and continue to mitigate the roof leaks. OTHER CONSIDERATIONS: Roof leaks are an ongoing issue. Several areas of the facility have interior damage to the walls and ceiling. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures along with the State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Facilities and Property Management 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 $2,000,000.00 $0 $2,000,000.00 Encumbered / Expended Amount $327,218.00 $0 $327,218.00 This item $184,250.00 $0 $184,250.00 BALANCE $1,488,532.00 $0 $1,488,532.00 Fund(s): Certificate of Obligation Comments: Certificate of Obligation utilized to fund comprehensive Facilities Improvement. The above Financial Impart Table does not include a 10% Project contingency in the amount of $18,425 identified for unforeseen repairs, calculated as follows: $184,250 Total Cost of repair $18,425 10% Contingency $202,675 Total not to exceed project cost RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement Expenditure Surrlmar} Facilities & Property Managemet Fund 5115 Year 1 of 5 -Year Facilities Recapitali2ation Work Plan - $001(0 Certificates of Obligation - Series 2M5 Bond Issuance Costs & Agent Fees Net Proceeds Available for Improvements 2,00,6'30 $ 64,244.50 1,935, 755.58 LOCATION WORK DESCRIPTION COST REMARKS City Hall R.epalrSky ight $ 224,691 Other Ault incident to leak needed Sub -total: $ 224,691 Greenwood Senior Center Repair Roof $ 229;472 Repair Foundation - Est. Cost $ 156,450 Perform Field Assessments & Gen. Gonstr. Improv. $ 50,&83 Perform Engineering Design & Structure? Services $ 21,900 Install Vinyl Flooring -Est. Cost $ 12,600 Replace Ceiling Tale -'Fsta Cost $ 8,684 Sub -total $ 479,389 Lindale Senior Center Repair Roof $ 175;315 Perform Field Assessments & Gen. Constr. Improv. $ 93,845 Install 12.5 & 4 Ton HVAC Units $ 36;465 Paint & Repair Kitchen $ 23,018 Install Vinyl Flooring - Est_ Cost $ 12,630 Replace Ceiling Tile - Est. Cost $ 8,584 Sub-tatai $ 346,327 North West Senior Center Repair Roof $ 56,124 Perform Field Assessments & Gen. Cflnstr. Improv. $ 27,175 Repair Farting Lot Signs & Stripe $ 21,130 Paint Facility- Interaar & Exterior $ 12,304 Sub -total $ 116,732 Total Facility Impry Expenditures to Date: $ 1,167 138 Remaining Balance: $ 768,617 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: DOMINGO VALDEZ BID TABULATION BID EVENT NO. 120 GREENWOOD SENIOR CENTER ROOF REPAIR Recorded by: Jamye Clark South Texas Metal Roofing Corpus Christi, Texas ITEM DESCRIPTION QTY. UNIT UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 1.00 2.00 Base Bid Allowance 1 1 LS LS $179,250.00 $5,000.00 $179,250.00 $5,000.00 TOTAL AWARD: $184 250.00 Service Agreement Agreement No. 748 GREENWOOD SENIOR CENTER ROOF REPAIR THIS Greenwood Senior Center Roof Repair ("Agreement") is entered into by and between South Texas Metal Roofing ("Contractor"), Corpus Christi, TX and the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), effective for all purposes upon execution by the City Manager or designee ("City Manager"). WHEREAS, Contractor has bid to provide Greenwood Senior Center Roof Repair in response to the City's Request for Bids ("RFB No. 120") which RFB No. 120 with any related specifications, and bid response, are incorporated by reference into this Agreement as Exhibits "1 and 2"; WHEREAS, the City has determined Contractor to be the lowest, responsive, responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Scope. Contractor will provide Greenwood Senior Center Roof Repair ("Services") in accordance with this Agreement and the Scope of Work as shown in Attachment "A". 2. Term. This Agreement is for 12 weeks, commencing on the issuance of a notice to proceed (NTP). 3. Compensation and Payment. This Agreement is for an amount not to exceed $ 184,250.00 , subject to authorized extensions and changes. Payments will be allowed in accordance with Attachment "B" Schedule of Pricing attached and incorporated by reference. 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. Allowances. a. Allowances are an amount established in the Agreement by the City to pay Contractor for a scope of work which has been identified, but which has not yet been fully defined and may be used in whole, in part, or not at all as determined by the City. If the City has included Allowances within Agreement amount for materials and/or work, the Allowances may be used in whole, in part, or not at all as determined by the City. Page 1 of 6 b. The decision as to whether to proceed with an Allowance is within the City's complete discretion. If the City notifies Contractor of its potential intent to proceed with that scope of work outlined by the allowance, Contractor shall provide the City with pricing based from the schedule of pricing (Attachment B) for the scope of work and as required pursuant to the Contract Documents. For the defined scope of work and as required pursuant to the Contract Documents. For the defined scope of Allowance work, the City may direct Contractor to proceed on a time and materials basis, or decide not to proceed with the potential Allowance work. c. Contractor must have the City's advance written approval generally issued by task order before proceeding with an established Allowance work element. d. Any unused Allowance funds belong to the City and will revert back to the City upon completion of the Work. A change order will be issued to reduce the Agreement value for any unused allowance funds that remain. 5. 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 Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator or designee ("Contract Administrator") as follows: Contract Administrator: Andres Gonzalez Contract Administrator Department: Facilities Contract Administrator Address: 1201 Leopard Street Contract Administrator Phone: 361-720-3350 Email: AndresG@cctexas.com 6. Independent Contractor. Contractor will perform the Services as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of Contractor be considered an employee of the City. 7. Insurance. Before Services can begin under this Agreement, Contractor's insurance company (ies), must deliver a Certificate of Insurance, as proof of the required insurance coverage, to the Contract Administrator. Contractor's insurance requirements are attached to the Agreement as Attachment "C". 8. Assignment. No assignment of this Agreement or of any right or interest contained in this Agreement by Contractor is effective unless the City Manager first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. Page 2 of 6 9. 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 on September 30th) is subject to appropriations and budget approval providing for such contract item as an expenditure in the budget. The City does not represent that said budget item will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 10. Waiver. No waivers by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 11. Governing Law. This Agreement is subject to all federal, state and local laws, rules and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 12. Subcontractors. Contractor may use subcontractors in connection with the Services to be performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the Contract Administrator unless such subcontractors were named and included at the time of bid. In using subcontractors, Contractor shall be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if Contractor and its employees had performed the Services. 13. Amendments/Extensions. This Agreement may be amended only in writing and upon execution by authorized representatives of both parties. Such amendment will be in the form of a change order. Extensions to this Agreement will be at the sole discretion of the City and if offered to Contractor will be mutually agreed to in the form of a bilateral change order. 14. Termination. a. The City Manager may terminate this Agreement for Contractor's failure to perform the Services specified in this Agreement. Failure to keep any required insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor 10 days written notice of the breach and set out a reasonable opportunity to cure. If Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. b. Alternatively, the City Manager may terminate this Agreement without cause upon 30 days written notice to Contractor. However, the City may terminate this Agreement upon 24 hours written notice to Contractor for Contractor's failure to pay or provide proof of payment of taxes, as set out in this Agreement. Page 3 of 6 15. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 16. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 17. Notice. Notice may be given by fax, email, hand delivery or certified mail, postage prepaid, and is received on the day faxed, emailed or hand - delivered 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: Andres Gonzalez 1201 Leopard Street Corpus Christi, Texas 78401 Fax: 361-826-1989 Email: AndresG@cctexas.com IF TO CONTRACTOR: South Texas Metal Roofing Attention: Sigifredo Montemayor 2217 Flour Bluff Drive Corpus Christi, Texas 78414 Fax: 361-937-7048 Email: sigi1060@gmail.com 18. Severability. Each provision of this Agreement is considered to be severable and if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS CONTRACT OR THE PERFORMANCE OF THIS Page 4 of 6 CONTRACT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 20. Order of Precedence. In the event of conflicts or inconsistencies between this Agreement and its exhibits or attachments, such conflicts or inconsistencies will be resolved by reference to the documents in the following order of priority: a. this Agreement and its Attachments, b. the RFB documents including Addenda, c. the bid response. 21. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. 22. Bonds. Contractor shall keep current a performance bonds and payment bonds for the full value of the contract. Bonds shall automatically increase with any changes that occurs during the term of this Agreement. 23. Warranty. Contractor shall warranty all work for one year starting with the date the work is accepted by the City. The warranty under this section shall survive the expiration or earlier termination of this agreement. Page 5 of 6 CONTRACTOR Signature: PrintedName: Title: re r Vi3c) a i Date: OS—ha/ l..9- 0 /6, CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attachments: Attachment A: Scope of Work Attachment B: Schedule of Pricing Attachment C: Insurance Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 120, Greenwood Senior Center Roof Repair Exhibit 2: Contractor's Bid Response Page 6 of 6 Attachment A- Scope of Work 4.1 GENERAL REQUIREMENTS/BACKGROUND INFORMATION The Contractor shall provide all labor, supervision, equipment, tools, consumables, safety equipment (Hard hats, safety glasses, steel toed boots, and proper work attire) to perform the work as outlined in this Scope of Work. 4.2 SCOPE OF WORK Contractor to remove existing roof and gutters including haul off and disposal of debris at the Greenwood Senior Center located at 4040 Greenwood Dr., Corpus Christi, TX 78404. Repairs will consist of: Contractor will be required to obtain a permit for roof work. City Project Manager (P.M.) will inspect Contractor's equipment before and/or during the project for safety. 2. Inspect selected roof deck area and replace as needed, in conjunction with the P.M. Ten percent of the deck will be replaced under the base bid. Any additional deck replacement needed will be done under the Allowance at the price per sheet. Install tapered insulation system as per code requirements (minimum 1/4 inch slope per every 1 foot). 3. Install a new modified and composition shingle roof which consists of: A. Modified Mop Down System (five -layer course); (approximately 120 squares) on all flat areas with a 30 -year warranty. B. Composition Roof System (shingles) on all pitch areas (approximately 40 squares) with a 30 -year warranty. 1. Remove and replace composition roof shingles (approximately 40 squares) and haul away debris 2. Remove and replace all plumbing pipe jacks on shingle roof area that is being replaced. 3. Install 30 pound underlayment felt paper on entire shingle area. 4. Install 2 inch by 2 inch drip edge on entire perimeter pitch roof area. 5. Install a starter course on top of drip edge. 6. Install a 30 -year class A fire resistant composition roof shingle. 7. Install 8 inch roof to wall cap flashing where applicable. 8. Install roof to wall flashing on the last upper shingle. (pitch and flat) 4. Mechanically fasten fiberglass base using a #14 heavy duty with 3 inch galvalume metal plates as per code. The installation of the glass sheet will only take place once the P.M. inspects and gives the final approval. Page 18 of 21 5. Install modified and primed gravel guard before applying hot asphalt to ensure a better attachment. The gravel guard will be installed on the entire perimeter of the replaced build-up flat roof system. A. Install new pitch pans and fill with pourable sealant (flexible) on all steel anchor supports around air condition area. B. Replace any existing expansion joints on areas being worked on. C. Remove and replace all standard exhaust roof jacks, and remove and seal penetration in inoperative vents in conjunction with the City Project Manager that exist on work areas. 6. Apply 3 layers of ply IV fiberglass interplay sheets on hot asphalt. Ensure all areas are free from ponding conditions. During walk through areas with ponding issues have been identified by paint markings, fill areas with asphalt and ply 4 sheets to get it to drain properly. 7 Install a modified class A bitumen mop down cap sheet on areas being worked on the flat system. 8. Install one way breather vents, 1 per every 1000 square foot to release trapped air pressure and moisture. 9. Remove and install approximately 1300 linear feet of 6 inch residential seamless gutters (15" coil .032 aluminum). Install 250 linear feet of 3 inch by 4 inch downspouts. 10. Install 12 one way breather vents, 1 per every 1000 square foot to release trapped air pressure and moisture. 11. Remove and replace 5 skylights. 12. Inspect and replace all damaged facia. 13. During every phase of the project, provide the P.M. notice and access to take pictures for documentation, of the different phases of work. 14. Have the roof inspected by a licensed engineer and provide a windstorm certificate to the City before acceptance of work. 15. Insurance must be kept current throughout the term of the contract. 16. The contractor will be required to participate in a project kick off meeting with the City Project Manager and a final walk through prior to acceptance of the work by the City. 17. Contractor will have to provide their own portable restrooms. Page 19 of 21 18. Provide a minimum 1 year warranty for all workmanship. 19. Complete a 1 -year warranty walk through on the 11 th month after the project is Accepted by the City. 4.3 CITY CONTRACT ADMINISTRATOR: The Contract Administrator for the City of Corpus Christi is as outlined below. The Contract Administrator shall approve all phases of performance and operations under this Contract including authorization for payment. The Contract Administrator or designee shall be the single point of contact for the Contractor for all matters. The Contract Administrator may change over time and any such changes will be given to the Contractor in writing. Contract Administrator - Name Andres Gonzalez Address 1201 Leopard Street Phone Number (361) 720-3350 Email Address AndresG@cctexas.com 4.4 WORK SITE AND CONDITIONS The work shall be performed at the Greenwood Senior Center at 4040 Greenwood Dr., Corpus Christi, TX 78404. 4.5 CONTRACTOR QUALITY CONTROL AND SUPERINTENDENCE The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to ensure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to ensure it complies with the contract requirements. Page 20 of 21 PURCHASING DIVISION ATTACHMENT B- SCHEDULE OF PRICING CITY OF CORPUS CHRISTI BID FORM RFB O. 120 RFB Title: Greenwood Senior Center Roof Regale DATE: S _cu ,5 tAi--Y1 --Fe-x0. S et -co r' BIDDER AUTHORSGATUE 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices; b. Bidder is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true • c. Bidder is current with all taxes due and company is in good standing with all required governmental agencies. JTEM DFSCRIPTION QTY UNIT UNIT TOTAL 1.0 2.0 Base Bid plus 10% for unforeseen deck repair -Bidder shall furnish all necessary labor, materials, equipment, and supervision to remove existing roof and gutters including haul off and disposal debris at the Greenwood Senior Center per scope of work. Allowance of 1 1 LS AL $ 19-ci ,2.50. $5,000.00 - MI 250-= Price per sheet above the base bid plus 10% to be issued by the Contract Administrator via task orders using the referenced above. PPS: ), Attachment "C" CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Facilities and Property Management, 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 by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit WORKERS' COMPENSATION EMPLOYER'S LIABILITY Statutory $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor 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, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.U. 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 operation and activities of, or on behalf of, the named insured perfon-ned 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, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, 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. 2016 Insurance Requirements Facility and Property Management Roof Replacement Project 3/24/2016 ds Risk Management CERTIFICATE OF INI1RESTED PARTIES FORM 1295 loft Complete Complete Nos. 1- 4 and 6 if there are iritrtrested Nos. 1, 2, 3, 5, and 6 if there ere parties. no interested parties. OFFICE CERTIFICATION USE ONLY OF FILING 1 Nettie of business. South Corpus of business entity filing form, and Texas Metal Roofing Christi, TX United States the city, state and country of the business entity's place Certificate 2016-54422 Date Filed: Number: 2 Name being City of governmental entity or state agency filed. Of Corpus Christi that is a party to the contract for which the form is 05/12/2016 Date Acktjo JI !edged: 3 Provide description Contract Greenwood the identification number use of the services, goods, or 748 Senior Center Roof repair by the governmental entity or state agency to track or identify the contract they property to be provided under the contract. and provide a Name of Interested Party City, State, Country (place of business) 'Nature of interest (check applicable) Controlling Intermediary Montemayor, Sigifredo Corpus Chris, TX United States 1 X l 5 Check only if there is NO Interested Party. ❑ i 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclos Ire is true and correct. " BRITNIE CRUMBLY ti,4= MY COMMISSION EXPIRES y„� March 21, 2017 i i AFFIX Swo NOTARY STAMP / SEAL ABOVE n to and subscribed before me, by said Signature of authorized agent of contracting business vi p� . .Swo S �gi K u °�oA f Mnamor , this the ar tla entity of May lat/ 20 the , to certify which, witness my rand and seal of office. ' 2r -vi, L Cr UM 1j1(.1 CC G.' Signature of officer ministering oath) Printed name of officer admin tering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 19, 2016 Action Item for the City Council Meeting July 26, 2016 DATE: July 12, 2016 TO: Margie C. Rose, City Manager FROM Jim Davis, Director of General Services iimd(a)cctexas.com (361) 826-1909 Lawrence Mikolajczyk, Director of Solid Waste Operations LawM c(�cctexas.com (361) 826-1972 Maria Pedraza, Procurement Manager mariabe(c�cctexas.com (361) 826-3176 Lease -Purchase of Four Peterbilt 367 Trucks CAPTION: Motion approving the lease -purchase of four Peterbilt 367 trucks from Rush Truck Centers of Texas, L.P., of Houston, Texas for a total amount not to exceed $855,000.00. Two trucks will be truck tractors used to pull large refuse trailers and two trucks will be equipped with Heil low lift 22 ft. roll -off beds to carry roll -off refuse containers. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council (H -GAC). (2) Peterbilt 367 Haul Truck Tractor (2) Peterbilt 367 with Roll -Off $343,922.00 $456,350.00 Total Lease -Purchase Price: Total Allowable Interest for Lease Grand Total: $800,272.00 $54,728.00 $855,000.00 PURPOSE: This item is to approve the lease -purchase of four Peterbilt 367 trucks. BACKGROUND AND FINDINGS: Two Peterbilt 367 trucks will be equipped with hydraulic kits and function as truck tractors to the support operations of the J.C. Elliott Transfer Station. These two truck tractors will haul large refuse trailers from the J.0 Elliott Transfer Station to the Cefe Valenzuela Landfill. The remaining two units will be outfitted as roll -off trucks to be used by the Transfer Station, but may be utilized interchangeably to support the Wastewater sludge hauling program, a service managed by the Solid Waste Operations Department. The purpose of these two trucks is to haul roll -off containers from the Transfer Station. This purchase allows for the replacement of haul trucks that have been in service since 2007 and roll -off units acquired in 2004. ALTERNATIVES: The equipment identified is the optimum choice for the tasks to be performed. The power configuration for these trucks is not compatible with a CNG fuel application. OTHER CONSIDERATIONS: Financing for the lease -purchase of the four trucks is based on a sixty month term with an estimated interest rate of 2.50% for an annual payment of $170,432.64. The total estimated cost over the five-year period, including principal of $800,272 and interest of $51,890.99, is $852,162.99. A not to exceed tolerance of $2,837.01 has been added to allow for the possible fluctuation of the interest rate. 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: Solid Waste FINANCIAL IMPACT: ❑ Operating ❑ Revenue x Capital ❑ Not applicable Fund(s): General Fund Comments: The department has reserved $14,202.72 for a 1 month payment in FY2016 however; delivery of the trucks is scheduled during FY2016-2017. 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. Project to Date Fiscal Year: 2015- Expenditures Current 2016 (CIP only) Year Future Years TOTALS Line Item Budget $506,203.00 $855,000.00 $1,361,203.00 Encumbered / Expended Amount $392,483.93 $0.00 $392,483.93 This item $0.00 $855,000.00 $855,000.00 BALANCE $113,719.07 $0.00 $113,719.07 Fund(s): General Fund Comments: The department has reserved $14,202.72 for a 1 month payment in FY2016 however; delivery of the trucks is scheduled during FY2016-2017. 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 BUYER: ROBERTA ORTIZ ITEM 1 2. DESCRIPTION QTY. UNIT PRICE SHEET PETERBILT 367 TRUCKS H -GAC CONTRACT: HT06-16 RUSH TRUCK CENTERS OF TEXAS, L.P. HOUSTON, TEXAS UNIT PRICE Peterbilt 367 "Autoshift Plus" With Heil Low Lift 22 Ft Roll -Off Peterbilt 367 "Autoshift Plus" Haul Truck Tractor EA $228,175.00 EA $171,961.00 Total Price Allowable Interest Grand Total EXTENDED PRICE $456,350.00 $343,922.00 $800,272.00 $54,728.00 $855,000.00 AGENDA MEMORANDUM First Reading Ordinance for the Council Meeting of July 19, 2016 Second Reading Ordinance for the City Council Meeting of July 26, 2016 DATE: TO: June 17, 2016 Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2601 Appropriating the Texas Automobile Burglary and Theft Prevention Authority grant CAPTION: Ordinance authorizing the City Manager or the City Manager's designee to execute all documents necessary to accept a grant from the Texas Automobile Burglary Theft Prevention Authority (ABTPA) grant in the amount of $410,973 to continue the motor vehicle theft enforcement grant within the Police Department for Year 16, with a City match of $660,714, in-kind match of $55,985 in the No. 1020 Police General Fund, and program income match of $1,020 for a total project cost of $1,128,692; designating the Chief of Police as Program Director and Director of Finance as financial officer for this ABTPA grant; appropriating $410,973 from the ABTPA in the No. 1061 Police Grants Fund; and appropriating $1,020 in program income match in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant within the Police Department. PURPOSE: Appropriate the funds. BACKGROUND AND FINDINGS: The City of Corpus Christi has received Year 16 funding from the Texas Automobile Burglary and Theft Prevention Authority (ABTPA) to continue the motor vehicle theft unit in the Police Department. The ABTPA was established in 1991 due to rising auto thefts and is funded through an annual fee on every insured vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas. The unit focuses not only on detection and apprehension, but also on the salvage yards in the City and County to reduce the sale of stolen vehicles and parts. There is an extensive public awareness campaign that is a requirement of the grant which includes crime prevention programs focusing on reducing auto thefts. Since the inception of the unit in 2001, auto thefts have decreased from 1,515 to 513 in 2015. The grant provides funds for one Lieutenant to supervise the Unit, two sworn CCPD officers, and three civilians. The three civilians conduct data analysis, crime analysis, manage the required public awareness campaign, and maintain grant paperwork. In-kind contributions include copy machine and office space. Cash contributions from program income will cover travel expenses. The General Fund cash match is for four sworn officers who are funded and currently work in the auto theft and auto burglary bureau. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 55,144.50 606,589.50 661,734 Encumbered / Expended Amount 0 0 0 This item 34,248 376,725 410,973 BALANCE 89,392.50 983,314.50 1,072,707 Fund(s): Police General Fund, Police Grants Fund Comments: Year 16 of the grant requires at least a 20% match by the City. The match may be cash, in-kind, or program income. The Police General Fund will provide a cash match of $661,734 for sworn officers' salaries/benefits, in-kind contribution of $55,985 for office space/operating costs, and program income of $1,020. The grant period is 9/01/16— 8/31/17. RECOMMENDATION: Staff recommends appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant award letter Ordinance Authorizing the City Manager or the City Manager's designee to execute all documents necessary to accept a grant from the Texas Automobile Burglary Theft Prevention Authority (ABTPA) grant in the amount of $410,973 to continue the motor vehicle theft enforcement grant within the Police Department for Year 16, with a City match of $660,714, in-kind match of $55,985 in the No. 1020 Police General Fund, and program income match of $1,020 for a total project cost of $1,128,692; designating the Chief of Police as Program Director and Director of Finance as financial officer for this ABTPA grant; appropriating $410,973 from the ABTPA in the No. 1061 Police Grants Fund; and appropriating $1,020 in program income match in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant within the Police Department WHEREAS, under the provisions of the Texas Revised Civil Statutes Article 4413(37) and Texas Administrative Code Title 43; Part 3; Chapter 57, entities are eligible to receive grants from the Automobile Burglary and Theft Prevention Authority to provide financial support to law enforcement agencies for economic automobile theft enforcement teams and to combat automobile burglary in the jurisdiction; WHEREAS, this grant program will assist this jurisdiction to combat automobile burglary and theft; and WHEREAS, City of Corpus Christi has agreed that in the event of loss or misuse of the grant funds, City of Corpus Christi assures that the grant funds will be returned in full to the Automobile Burglary and Theft Prevention Authority. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Texas Automobile Burglary Theft Prevention Authority (ABTPA) in the amount of $410,973 to continue the motor vehicle theft enforcement grant within the Police Department for Year 16 with a City match of $660,377, in-kind match of $55,985 in the No. 1020 Police General Fund, and program income match of $1,020 fora total project cost of $1,128,355. SECTION 2. That the Chief of Police is designated as the Program Director and Director of Finance is designated as the Financial Officer for this ABTPA grant. SECTION 3. That $410,973 from the Texas Automobile Burglary Theft Prevention Authority is appropriated in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant within the Police Department. SECTION 4. That $1,020 is appropriated in the No. 1061 Police Grants Fund for the program income match to continue the motor vehicle theft enforcement grant within the Police Department. 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor ABTPA Board Members Chief Carlos Garcia Chair Law Enforcement Representative Brownsville, Texas Ken Ross Insurance Representative State Farm Insurance Houston, Texas Ashley Hunter Insurance Representative HM Risk Group Austin, Texas Linda Kinney Consumer Representative Dripping Springs, Texas Armin Mizani Consumer Representative Keller, Texas Tommy Hansen Law Enforcement Representative Galveston, Texas Ex Officio Member Steven C. McCraw Major Wynn Reynolds—Designee Texas Department of Public Safety Austin, Texas Bryan E. Wilson Director 'mg m 7 Texas Department of Motor Vehicles HELPING TEXANS GO, HELPING TEXAS GROW. Date: June 30, 2016 414* Watch Your Car TEXAS AUTO BURGLARY& THEFT PREVENTION AUTHORITY Mr. Ron Olson, City Manager City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 Via e-mail: rono@cctexas.com Re: Grant Number: Grantee: Program Title: Grant Award Amount: Grant Term: FY2017 ABTPA Statement of Grant Award and Acceptance Notice 608-17-1780200 City of Corpus Christi Corpus Christi Auto Theft and Burglary Prevention $410,973 September 1, 2016 to August 31, 2017 Dear Mr. Olson, I am pleased to inform you that your organization has been approved for a grant extension awarded by the Automobile Burglary and Theft Prevention Authority (ABTPA) in the amount indicated above. The extensions will be from September 1, 2016 through August 31, 2017. The grant award must be officially accepted by signing and returning the enclosed Statement of Grant Award and grantee acceptance notice to the ABTPA within 30 days from the date received. We look forward to working with you to combat and reduce motor vehicle theft and burglary. Any questions relating to the administration of this grant should be directed to our office. Please do not hesitate to contact me should you require further assistance with this matter. I can be reached at Bryan.Wilson@txdmv.gov or (512) 465-4012. Sincerely, Bryan E. Wilson Director cc: Mr. Mike Markle, Interim Police Chief, mikema@cctexas.com Ms. Melissa Castro, melissama@cctexas.com Mrs. Constance Sanchez, Director of Finance, constancep@cctexas.com 4000 Jackson Avenue — Austin, Texas 78731— 512/465-1485 — Fax 512/465-3775 www.txwatchyourcar.com Watch Your Car. TERAS AIM BURGLARY&THEFT PREVENUGN AMMO FY17 Automobile Burglary and Theft and Prevention Authority Statement of Grant Award and Grantee Acceptance Notice Grant Number: Grantee: Program Title: Grant Award Amount: Cash Match Amount: In -Kind Match Amount: Grant Term: 608-17-1780200 City of Corpus Christi Corpus Christi Auto Theft and Burglary Prevention $410,973 $661,734 $55,985 September 1, 2016 to August 31, 2017 That whereas, City of Corpus Christi (hereinafter referred to as Grantee), has heretofore submitted a grant application in response to the Request for Proposal issued on March 16, 2015 to the Automobile Burglary and Theft Prevention Authority, State of Texas, entitled Corpus Christi Auto Theft and Burglary Prevention, and further identified by grant number 608-17-1780200 and Whereas, the Automobile Burglary and Theft Prevention Authority has approved the continuation ofthe grant application along with any approved grant adjustments, if any, as evidenced by this FY17 Statement of Grant Award and certain special requirements from the Automobile Burglary and Theft Prevention Authority dated June 30, 2016; and Whereas, the Grantee desires to accept the FY17 grant award and use all funds for purposes and in compliance with the following requirements that are adopted in their entirety by reference: • Texas Revised Civil Statutes Article 4413(37) • Texas Administrative Code: Title 43; Part 3; Chapter 57; • Uniform Grant Management Standards (UGMS) as promulgated by the Texas Comptroller of Public Accounts; • The Request for Proposals issued on March 16, 2015; • The current Automobile Burglary and Theft Prevention Authority Grant Administrative Manual and forms and subsequently adopted grantee instruction manuals and forms; • The Final Adopted Application attached to this Statement of Grant Award • The certification of compliance; and • The Anuroved Grant Budget Summary: Approved Grant Budget Summary ABTPA Cash Match In -Kind TOTAL A. Personnel $332,131 $329,403 $41,966 $703,500 A. Fringe $6,050 $313,311 $0 $319,361 B. Contractual $0 $0 $0 $0 C. Travel $8,098 $1,020 $0 $9,118 D. Equipment $0 $0 $0 $0 E. Supplies & DOE $64,694 $18,000 $14,019 $96,713 F. Indirect Funds Totals $410,973 $661,734 $55,985 $1,128,692 FY17 ABTPA Statement of Grant Award and Grantee Acceptance 1 of 2 Pages Now, therefore, the Grantee accepts the FY17 Statement of Grant Award under the conditions above including the special requirements in the grant application and the Statement of Grant Award as evidenced by this agreement, executed by the official authorized to sign the original grant application, or the official's designated successor, as presiding officer of and on behalf of the governing body of this grantee; and The Texas Automobile Burglary and Theft Prevention Authority (ABTPA) has awarded the above - referenced grant subject to the availability of state funds. The approved budget is reflected in the above Approved Grant Budget Summary. This grant is subject to and conditioned upon the acceptance of the ABTPA Grant Administrative Guide promulgated for this specific program fund (referenced above) by the Automobile Burglary and Theft Prevention Authority. Applicable special conditions are listed below. Special Conditions and Requirements: Approved and Accepted by: Authorized Official Printed Name and Title Date Signed FY17 ABTPA Statement of Grant Award and Grantee Acceptance 2 of 2 Pages PII►UTfL7IT IT'S TBUWS. h.1a Bwgln.y & Tneft P•eventlen Fwtnwlq, Automobile Burglary and Theft Prevention Authority FY17 Statement of Grant Award Budget Summary and Support Schedules Budget Category ABTPA Funds Cash Match In -Kind Match Total Personnel (Salaries/Overtime) $332,131 $329,403 $41,966 $703,500 Personnel (Fringe Benefits) $6,050 $313,311 $0 $319,361 Contractual $0 $0 $0 Travel $8,098 $1,020 $0 $9,118 Equipment $0 $0 $0 Supplies & Direct Operating Exp. $64,694 $18,000 $14,019 $96,713 Totals $410,973 $661,734 $55,985 $1,128,692 Sources of Match Tables List Source(s) of Cash Match* Amount SALARIES AND OT $329,403 FRINGE BENEFITS $313,311 IN-STATE TRAVEL $1,020 SUPPLIES $18,000 City of Corpus Christi 100% Source Match Total $661,734 List Source of In -Kind Match Amount NICB AGENT SALARY $41,966 *RENTAL SPACE $11,030 *COPIER SUPPLIES $2,989 *City of Corpus Christi Source of In -Kind Match Total $55,985 *List Program Income used as cash match as a separate line Page 1 of 6 pages PIITECT Ii ITS 1DUAS. A.0 Bwglnnv & 'NO P•eventlyn AwN Iiv Automobile Burglary and Theft Prevention Authority FY17 Statement of Grant Award Budget Summary and Support Schedules Personnel - Title or Position Personnel % of Salary ABTPA Funds Cash Match In -Kind Total LIEUTANT LERMA 1 100% $75,413 $7,459 $82,872 DETECTIVE VALDEZ 1 100% $76,959 $76,959 DETECTIVE RAICHERT 1 100% $76,959 $76,959 DETECTIVE BUSTAMANTE 1 100% $76,959 $76,959 DETECTIVE SIMMONS 1 100% $76,959 $76,959 DETECTIVE BURRIS 1 100% $69,812 $69,812 DETECTIVE RODRIGUEZ 1 100% $69,812 $69,812 GRANT PROJECT MANAGER 1 100% $33,943 $33,943 CRIME ANALYST 1 100% $36,489 $36,489 INTAKE SPECIALIST 1 50% $16,552 $16,402 $32,954 NICB AGENT 1 50% $41,966 $41,966 $0 $0 $0 $0 $0 $0 $0 Total Direct Salaries 11 $316,315 $317,403 $41,966 $675,684 Total Overtime $15,816 $12,000 $27,816 Total Requested Amounts $332,131 $329,403 $41,966 $703,500 Budget Narrative GRANT PERSONNEL: 1) LIEUTENANT: Serves as the supervisor for the task force. Coordinates all tactical investigations and communicates with police administration on all auto theft and auto burglary matters. Oversees bait program, proactive and reactive initiatives, field operations and responses. Ensures goals and objectives of grant are met. Due to previous lieutenant being committed to SWAT activities, this position reflects a 91% ABTPA funded amount. After the grant was awarded at 91% funding for this position, we experienced a change in command with the new lieutenant being committed to ABTPA at 100%. Although this grant will reflect a 91% funding level, the lieutenant will remain working 100% on ABTPA activities. 91% ABTPA FUNDED, $82,872, 100% TIME SPENT ON ABTPA ACTIVITIES 2) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi -jurisdictional cases. Performs work on all goals and objectives of the grant. 100% ABTPA funded, $76,959, 100% TIME SPENT ON ABTPA ACTIVITIES 3) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi -jurisdictional cases. Performs work on all goals and objectives of the grant. 100% ABTPA funded, $76,959, 100% TIME SPENT ON ABTPA ACTIVITIES 4) GRANT ADMINISTRATOR: Facilitates all aspects of the auto theft grant throughout the year. Responsible for the development and regulation of the grant application and budget. Serves as a liaison to City Hall, Corpus Christi Police Department, ABPTA, area law enforcement agencies and media. Ensures ABTPA grant compliance. Develops, coordinates and delivers a full scale public awareness program. Assists in performance of grant goals and objectives. 100% ABPTA funded, $33,943 100% TIME SPENT ON ABTPA ACTIVITIES 5) CRIME ANALYST: Collects crime data specific to auto burglary and auto theft to identify trends and patterns for departmental personnel. Prepares reports as requested by supervisor and auto theft personnel. Creates database of local auto crime thieves for the use of detectives. Performs work on goals and objectives of the grant. 100% ABTPA Funded, $36,489, 100% TIME SPENT ON ABTPA ACTIVITIES 6) INTAKE SPECIALIST: Serves as customer service representative for the ATTF for civilians and law enforcement. Performs daily entry of all stolen and recovered vehicles. Completes offense and supplemental reports from victims. Answers calls and keeps detectives informed of leads and information. Assists in performance of grant goals and objectives. 50%ABTPA funded, $16,552, 100% TIME SPENT ON ABTPA ACTIVITIES CITY MATCH PERSONNEL: 1) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi -jurisdictional cases. Performs work on all goals and objectives of the grant. 0% ABTPA funded, 100% CITY funded, $76,959, 100% TIME SPENT ON ABTPA ACTIVITIES 2) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi -jurisdictional cases. Performs work on all goals and objectives of the grant. 0% ABTPA funded, 100% CITY funded, $76,959, 100% TIME SPENT ON ABTPA ACTIVITIES 3) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi -jurisdictional cases. Performs work on all goals and objectives of the grant. 0% ABTPA funded, 100% CITY funded, $69,812, 100% TIME SPENT ON ABTPA ACTIVITIES 4) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi -jurisdictional cases. Performs work on all goals and objectives of the grant. 0% ABTPA funded, 100% CITY funded, $69,812, 100% TIME SPENT ON ABTPA ACTIVITIES 5) INTAKE SPECIALIST: Serves as customer service representative for the ATTF for civilians and law enforcement. Performs daily entry of all stolen and recovered vehicles. Completes offense and supplemental reports from victims. Answers calls and keeps detectives informed of leads and information. Assists in performance of grant goals and objectives. 50% CITY funded, $16,552, 100% TIME SPENT ON ABTPA ACTIVITIES INKIND PERSONNEL: 1) NICB SPECIAL AGENT: In collaboration with the NICB, a Special Agent will be placed under the Auto Theft Task Force. He will assist in the recovery and tracking of stolen vehicles throughout the state of Texas and the US with his use and knowledge of ISO, Carfax, OCRA. He will assist with 68As and the research associated with the trailers we check. He will be a liaison with other agencies within Texas, the US and other NICB agents to help gather information on current trends and help disseminate information about our current trends. 50% of his salary is represented in in-kind match as he spends 50% of his time with our Auto Theft Task Force. This 50% in-kind match is paid for by NICB. Page 2 of 6 pages ith TIT IT'Srflu,.. h�1a Bwgln.y & Tneft P•eventlen Fwtnwltr Personnel - Fringe Benefits Automobile Burglary and Theft Prevention Authority FY17 Statement of Grant Award Budget Summary and Support Schedules or $ Rate ABTPA Funds Cash Match In -Kind Total Retirement 18.5% $122,119 $122,119 Insurance $113,383 $113,383 Life Insurance $0 Medicare 1.5% $0 FICA 6.2% $6,050 $44,557 $50,607 OTHER education/longivity $33,252 $33,252 cleaning/clothing $0 vision, supplemental, dental $0 $0 Total Fringe Benefits $6,0501 $313,3111 $01 $319,361 Budget Narrative RETIREMENT @ 18.46 % ABTPA FUNDED SALARIES ($61,311) CITY CASH MATCH SALARIES ($60,808) = $122,119 RETIREMENT TOTAL CITY CASH MATCH 100% INSURANCE- CITY CASH MATCH 100% GROUP INSURANCE ($91,377) SELF INSURANCE ($22,006.80)= $113,383 INSURANCE TOTAL CITY CASH MATCH MEDICARE (1.5%) FICA (6.2%) ABTPA FUNDED $6,050 CITY CASH MATCH $44,557 = $50,607 FICA TOTAL ABTPA FUNDED SALARIES $332,131 X 7.65% = $25,408 CITY CASH MATCH SALARIES $329,403 X 7.65% = $25,199 OTHER CITY CASH MATCH 100% CLOTHING ALLOWANCE $900/YEAR X 7 DETECTIVES = $6300 + CLEANING ALLOWANCE $720/YEAR X 7 DETECTIVES = $5040 TOTAL= $11,340 EDUCATION *PAY VARIES BY DETECTIVE X 7 DETECTIVES = $9108 + LONGEVITY * X 7 DETECTIVES = $7176 TOTAL = $16,284 VISION ($7 X 12 MONTHS) X 7 DETECTIVES = $588 SUPPLEMENTAL ($15 X 12 MONTHS) X 7 DETECTIVES = $1260 DENTAL ($45 X 12 MONTHS) X 7 DETECTIVES = $3780 $33,252 OTHER TOTAL CITY CASH MATCH 100% Professional & Contract Description of Service ABTPA Funds Cash Match In -Kind Total $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Professional & Contract $0 $0 $0 $0 Budget Narrative Page 3 of 6 pages ith TIT IT'Srflu,.. h�1a Bwgln�y & Tneft P•eventlen Fwtnwltr Automobile Burglary and Theft Prevention Authority FY17 Statement of Grant Award Budget Summary and Support Schedules Travel In -State Travel - Purpose Destination # of Travelers ABTPA Funds Cash Match In -Kind Total ABTPA BRD MEETINGS AUSTIN, TX 3 $1,692 $1,692 TAVTI CONFERENCE DALLAS, TX 5 $5,380 $5,380 TCPA CONFERENCE NEW BRAUNFELS, 1 $1,026 $1,026 GRANT ADMIN MILEAGE $1,020 $1,020 2000 X .51 $0 $0 $0 In -State Travel Total $8,098 $1,020 $0 $9,118 1 1 1 1 1 Budget Narrative PARTICIPANTS TOTAL: $1692 $420 TO GRANTEES AND NO GRANT WORKSHOP BEING HELD IN MARCH AND GRANT REVIEW IN JUNE (2) UNKNOWN DATES AT THE PRESENT TIME INVESTIGATORS CONFERENCE - DALLAS, TX (OCTOBER) $3250 FOR ABTPA BOARD MEETINGS & CONFERANCES ABTPA BOARD MEETINGS - AUSTIN, TX 3 (2) BOARD MEETINGS HOTEL: 140 x 3 ROOMS x 1 NIGHTS = MEALS: 71 x 3 x 2 DAYS = $426 *DUE TO GRANT EXTENSION AWARDED BOARD MEETINGS WERE BUDGETED BUT TEXAS ASSOCIATION OF VEHICLE THEFT 5 PARTICIPANTS TOTAL: $5380 HOTEL: 130 x 5 ROOMS x 5 NIGHTS = MEALS: 71 x 5 x 6 DAYS = $213 TCPA CONFERENCE -NEW BRAUNFELS (JANUARY) 1 PARTICIPANT TOTAL: $1026 HOTEL: 120 x 1 ROOM X 5 NIGHTS = $600 MEALS: 71 x 1 x 6 DAYS = $426 GRANTADMIN/PROJECT MGR MILEAGE 2000 X .51 = $1020 Page 4 of 6 pages ith TIT IT'Srflu,.. h�1a Bwgln�y & Tneft P•eventlen Fwtnwltr Automobile Burglary and Theft Prevention Authority FY17 Statement of Grant Award Budget Summary and Support Schedules Equipment Equipment Description and Quantity ABTPA Funds' Cash Match In -Kind Match Total $0 $0 $0 $0 $0 $0 $0 $0 Total Equipment $0 $0 $0 Budget Narrative Supplies and Department Operating Expense Supplies and Department Operating Expense - Description ABTPA Funds Cash Match In -Kind Total Office Supplies $8,690 $8,690 Communications $7,405 $7,405 Public Awareness $20,229 $20,229 Postage $500 $500 Fuel $20,000 $20,000 Rental Space $11,030 $11,030 Move It Storage $1,620 $1,620 Copier Supplies $2,989 $2,989 Confidental Funds $500 $500 Misc. Tools $3,000 $3,000 Vehicle Maintenance $18,000 $18,000 Registration Fees $1,550 $1,550 Covert Tracker Equipment $1,200 $1,200 Total Supplies & DOE $64,694 $18,000 $14,019 $96,713 Page 5 of 6 pages ithiT IT IT'S f uIs h�1a BwgP T & Tneft P•eventlen Fwtnwlty Automobile Burglary and Theft Prevention Authority FY17 Statement of Grant Award Budget Summary and Support Schedules A) OFFICE SUPPLIES: ($8,690) - OFFICE SUPPLIES UTLIZED THROUGHOUT THE YEAR TO COVER USE WILL CONSIST OF, BUT NOT LIMITED TO: INK AND TONERS FOR ALL ATTF PRINTERS, PRINTER PART REPLACEMENTS, FAX MACHINE TONER, PENS, PENCILS, MARKERS, BINDERS, SMALL DESK EQUIPMENT, PAPER, FOLDERS, STAPLES, PAPERCLIPS, PADFOLIOS, DIVIDERS, SHEET PROTECTORS, LABELS, ETC. (B) COMMUNICATIONS: ($7405) - TO COVER CELL PHONE AND AIRCARD CHARGES NEEDED TO UTLIZE PHONES, LAPTOPS AND BAIT SOFTWARE. (C) PUBLIC AWARENESS: ($15,177) - PUBLIC AWARENESS FUNDS COVER ADDITIONAL PROMOTIONAL ITEMS NEEDED THROUGHOUT THE YEAR, ADDITIONAL PAMPHLETS, MEDIA BUYS, BOOTH FEES AND PUBLIC AWARENESS SHIRTS. (D) POSTAGE: ($500) - POSTAGE NEEDED FOR REPORT MAILINGS AS WELL AS FLYER AND PAMPHLET MAILINGS. (E) FUEL: ($20,000) - PROJECTED FUEL COSTS AND INCREASES FOR THE YEAR BETWEEN ALL DETECTIVE VEHICLES, PROMOTIONAL WRAP VEHICLE AND BAIT PROGRAM. (F) RENTAL SPACE: ($11,030) - INKIND MATCH OF OFFICE SPACE .6128 x 1520 SQFT x 12 MONTHS (G) MOVE IT STORAGE: (1,620) - STORAGE UNIT UTILIZED OFF SITE TO MAINTAIN ALL ABTPA INVENTORY OF ALL ABPTA ITEMS. (H) COPIER SUPPLIES: ($2,989) - INKIND MATCH OF COPIER SUPPLIES UTILIZED BY ATTF THROUGHOUT THE YEAR (I) CONFIDENTIAL FUNDS: ($500) - FUNDS TO BE UTILIZED FOR CONFIDENTIAL INFORMANT INFORMATION USED FOR AUTO THEFTAND AUTO BURGLARY CASES. (J) MISC TOOLS: ($3,000) - TOOLS TO BE PURCHASED FOR USE BY DETECTIVES DURING FIELD OPERATIONS, INVESTIGATIONS AND ASSESSMENTS. (K) VEHICLE MAINTENANCE: ($18,000) CASH MATCH — CITY OF CORPUS CHRISTI PROVIDES AN ESTIMATED BUDGET OF $500 PER NEW VEHICLE 2016 FORD TRUCKS (4) AND $4000 PER EXISTING UNITS (2012 JEEP WRANGLER, 2009 FORD F150, 2010 CHEVY TAHOE AND 2003 DODGE RAM) TO COVER MAINTENANCE COSTS FOR EVERY VEHICLE IN FLEET (8 VEHICLES ASSIGNED TO AUTO THEFT TASK FORCE) (L) REGISTRATION AND MEMBERSHIP FEES: ($1550) TAVTI: $150 x 9 = $1350 TCPA: $200 x 1 = $200 (M) COVERT TRACKER :($1200) - 2 MAINTENANCE MAPPING AGREEMENT FOR 12 MONTHS. Page 6 of 6 pages AGENDA MEMORANDUM First Reading Ordinance for the Council Meeting of July 19, 2016 Second Reading Ordinance for the City Council Meeting of July 26, 2016 DATE: TO: July 6, 2016 Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2601 Appropriating abandoned/unclaimed monies from Police Property room CAPTION: Ordinance appropriating $5,573.49 from abandoned/unclaimed monies from the Police Property Room, changing the FY 2015-2016 Operating Budget adopted by Ordinance No.030620 by increasing revenue and expenditures in the General Fund No. 1020 by $5,573.49 each. PURPOSE: Appropriate the funds for use by the Property room to purchase equipment. BACKGROUND AND FINDINGS: Under the Texas Code of Criminal Procedure, Article 18.17, all abandoned or unclaimed property and monies in possession of the Police Department that are not evidence or contraband may be delivered to the "person designated by the municipality" for disposition. Proper procedure requires that notice be sent to the owner by certified mail, giving 90 days to reclaim the property. If no claim is received, the funds are available for city use and deposited directly into the City Treasury. Proper notification methods under the Code of Criminal Procedure were followed and no claims were received by purported owners of the funds. Therefore the monies are now available for city use. The Police Department will use the funds to assist in the relocation of the overflow property room located at the old police station which is scheduled to be demolished with the new Harbor Bridge project. The new location will be 1502 Brownlee. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 5,573.49 5,573.49 BALANCE 5,573.49 5,573.49 Fund(s): Police General Fund Comments: RECOMMENDATION: Staff recommends appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Appropriating $5,573.49 from abandoned/unclaimed monies from the Police Property Room; and changing the FY 2015-2016 Operating Budget adopted by Ordinance No.030620 by increasing revenue and expenditures in the General Fund No. 1020 by $5,573.49 each. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funds in the amount of $5,573.49 are appropriated from abandoned/unclaimed monies from the Police Property Room in the No. 1020 General Fund SECTION 2. The FY2015-2016 Operating Budget adopted by Ordinance No. 030620 is amended in accordance with this ordinance and the provisions of the Texas Local Government Code to increase revenue and expenditures by $5,573.49. 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM First Reading Item for the City Council Meeting of July 19, 2016 Second Reading Item for the City Council Meeting of July 26, 2016 DATE: TO: July 11,2016 Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager MarkVanVleck@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 FROM: Dan Grimsbo, Interim Director of Water and Utilities DanG@cctexas.com (361) 826-1718 Jeffrey H. Edmonds, P.E., Director, Engineering Services JeffreyE@cctexas.com (361) 826-3851 Engineering Contract Corpus Christi Aquifer Storage and Recovery (ASR) Feasibility Study CAPTION Ordinance amending the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to add Project No. E16265 Corpus Christi Aquifer Storage and Recovery (ASR) Feasibility Study; accepting a Texas Water Development Board grant in the amount of $433,388; appropriating $1,099,320 from Raw Water Supply Development Fund No. 4041; and authorizing the City Manager or designee to execute a Professional Services Contract with HDR Engineering, Inc. of Austin, Texas in the amount of $601,980 for an ASR Feasibility Study. PURPOSE: This agenda item will award a professional engineering services contract with HDR Engineering, Inc. (HDR) on behalf of the Corpus Christi Aquifer Storage and Recovery Conservation District (District) to complete the Corpus Christi ASR Feasibility Study. It will also accept and appropriate a Texas Water Development Board (TWDB) grant contribution and appropriate city funds. The TWDB grant funding ($433,388) requires a contract agreement between TWDB and the District with a local funding match. This is a City/District joint initiative in which the District will lead the study effort through the TWDB contract. HDR will serve as the City/District contract technical representative for this TWDB contract. BACKGROUND AND FINDINGS: Aquifer storage and recovery (ASR) is a long-term water supply strategy to effectively integrate the City's regional water supply system to achieve long-range water planning goals. In 2005, the District was established to protect the groundwater resources within the City limits that represent the District service area. One of the goals of the District is to investigate the feasibility of and potentially develop an aquifer storage and recovery project for the service area. The City actively participates with the District through an Interlocal Agreement to manage and protect the groundwater resources of the District. In 2009, the District completed a proposed five-year plan that identified studies needed to identify potential operational issues and gain confidence in developing a successful ASR program. Project No. E16265 Corpus Christi Aquifer Storage and Recovery (ASR) Feasibility Study is aligned with tasks identified in the District's five-year plan and recent findings from a District study completed in January 2016. The City and District have received a TWDB grant in the amount of $433,388 to conduct an ASR Feasibility Study within the District service area. The investigation of ASR feasibility within the District is a sound investment and important for the following reasons: • Promoting diversification of regional water supplies; • Providing cost-effective regional water supplies to meet competing demands; and • Improving system operations and reduce annual operating costs. The scope of investigation and analysis for this ASR feasibility study includes the following work elements: • Conduct an exploratory test drilling program (up to 3 exploratory boreholes) to collect hydrogeological and geochemical parameters that can be used to characterize a potential ASR system at the selected sites; • Perform geochemical analysis to determine the compatibility of treated, source water for storing within the native aquifer setting; • Develop a field scale groundwater model to simulate storage and recovery operations; • Evaluate ASR operating policy considerations; and • Prepare and submit a technical report and electronic presentation to the TWDB summarizing the findings of District feasibility study. All of the work elements listed above are included in the contract between the District and TWDB. HDR was selected for this study through Request for Qualifications (RFQ) No. 2016-01 Transportation and Utilities. HDR will deliver the final technical report of District feasibility study to the City and TWDB in July/August 2019, in advance of the TWDB contract deadline of August 30, 2019. ALTERNATIVES: 1. Authorize the execution of the consultant services contract and allow the District to subsequently enter into the ASR Feasibility Study contract with the TWDB. (Recommended in support of District's Grant application) 2. Do not authorize the execution of the contract and therefore, not enter into ASR Feasibility Study with the TWDB. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ® Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Budget & Expenditures Current Year Line Item Budget (Water Supply Operating) $325,000 Line Item Budget (Raw Water Supply Development Fund #4041) $1,099,320 Texas Water Development Board Grant 433,388 Total Funds Available $1,857,708 Encumbered / Expended Amount This Item $601,980 Future Anticipated Expenditures This Project** $1,241,136 BALANCE $14,592 Current Year Funding: Water Supply Operating Water Capital Reserves, and TWDB Demonstration Projects for Alternative Water Supplies (TWDB Grant Application 00004151). These Current Year fund resources will be used to establish FY 2015-2016 Water Supply Capital Improvement Project (WS 08 — Corpus Christi Aquifer Storage and Recovery (ASR) Feasibility Study. **Early in Fiscal Year 2016-2017, City staff will bring a contract procurement to the City Council for the exploratory test drilling program of the study's field services investigation required by the TWDB Grant contract. Future procurement of the three test water wells will provide primary data used to analyze and complete the ASR Feasibility Study. Funding for well drilling services and reimbursements are from Raw Water Supply Development Fund No. 4041. Conduct of the field investigation will take twelve to eighteen months to complete. Comments: This project requires approximately 1,110 calendar days with anticipated completion in August 2019. RECOMMENDATION: City Staff recommends approval of the Ordinance as proposed, award of the engineering services contract to HDR, and consent for District acceptance of the TWDB Grant award through contract with the TWDB. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Contract Interlocal Agreement (March 11, 2008) Presentation Form 1295 TWDB Grant Award Notice CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: July 19, 2016 Agenda Item: Ordinance amending the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to add Project No. E16265 Corpus Christi Aquifer Storage and Recovery (ASR) Feasibility Study; accepting a Texas Water Development Board grant in the amount of $433,388; appropriating $1,099,320 from Raw Water Supply Development Fund No. 4041; and authorizing the City Manager or designee to execute a Professional Services Contract with HDR Engineering, Inc. of Austin, Texas in the amount of $601,980 for an ASR Feasibility Study. Amount Required: $601,980.00 Fund Name Accounting Unit Account No. Activity No. Amount Water Grant Fund 1052 116015 433,388.00 Total 433,338.00 ❑ Certification Not Required Director of Financial Services Date: CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: July 19, 2016 Agenda Item: Ordinance amending the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to add Project No. E16265 Corpus Christi Aquifer Storage and Recovery (ASR) Feasibility Study; accepting a Texas Water Development Board grant in the amount of $433,388; appropriating $1,099,320 from Raw Water Supply Development Fund No. 4041; and authorizing the City Manager or designee to execute a Professional Services Contract with HDR Engineering, Inc. of Austin, Texas in the amount of $601,980 for an ASR Feasibility Study. Amount Required: $601,980.00 Fund Name Accounting Unit Account No. Activity No. Amount Water Grant Fund 1052-072 530000 E16265 -01 -1052 -EXP $276,980 Water Fund 4010-30230-072 530000 E16265 -01 -4010 -EXP 325,000 Total $601,980 ❑ Certification Not Required Director of Financial Services Date: Ordinance amending the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to add Project No. E16265 Corpus Christi Aquifer Storage and Recovery (ASR) Feasibility Study; accepting a Texas Water Development Board grant in the amount of $433,388; appropriating $1,099,320 from Raw Water Supply Development Fund No. 4041; and authorizing the City Manager or designee to execute a Professional Services Contract with HDR Engineering, Inc. of Austin, Texas in the amount of $601,980 for an ASR Feasibility Study. WHEREAS, the Corpus Christi Aquifer Storage and Recovery Conservation District (District) was established by the Texas Legislature as an independent political subdivision of the State of Texas with its own authority and duties established by state law to develop and protect municipal aquifer storage areas created by the City of Corpus Christi; WHEREAS, the City of Corpus Christi and the District entered into an Interlocal Agreement (Agreement) for the management of groundwater within the boundaries of the Corpus Christi aquifer storage and recovery conservation district in 2008 under Resolution No. 027606; WHEREAS, the Agreement authorizes the City Manager or designee to execute consulting services contracts for the District that exceed $50,000 after approval by the District Board of Directors with the concurrence of the City Council; WHEREAS, at a special meeting held on June 8, 2016, the District Board of Directors approved entering into an agreement with HDR Engineering Inc. in the amount of $601,980 for an ASR feasibility study. 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. E16265 Corpus Christi Aquifer Storage and Recovery (ASR) Feasibility Study. SECTION 2. A grant from the Texas Water Development Board is accepted and anticipated revenues are appropriated in Water Grant Fund 1052 in the amount of $433,388. Revenues and expenditures are increased in the amount of $433,388. SECTION 3. The City will provide a one to one match with the grant for the amount of $433,388. This will come from the Operational Budget amount of $325,000 and a Capital Budget contribution of $108,388. SECTION 4. The City will appropriate $1,099,320 from Raw Water Supply Development Fund No. 4041 and transfer into Fund 4481. SECTION 5. The City Manager, or designee, is authorized to execute a contract for professional services for Corpus Christi Aquifer Storage and Recovery (ASR) Feasibility Project No. E16265 in the amount of $601,980 with HDR Engineering, Inc. of Austin, Texas. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn The foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED on this the day of , 2016 ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor PROJECT BUDGET Corpus Christi Aquifer Storage and Recovery (ASR) Feasibility Study FUNDS AVAILABLE: Water Supply Operating (2016) $ 325,000 Texas Water Development Board Grant $ 433,388 Raw Water Supply Development Fund No. 4041 $ 1,099,320 TOTAL FUNDS AVAILABLE $ 1,857,708 FUNDS REQUIRED: Construction: Well Drilling Estimate (TBD) $ 925,000 Construction Contingency (10%) $ 92,500 Engineering: Engineer Study (HDR Engineering, Inc.) THIS ITEM $ 601,980 Reimbursements: Total Reimbursements. $ 223,636 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) $ 83,597 Engineering Services (Project Mgmt) $ 130,040 Misc $ 10,000 TOTAL $ 1, 843,116 PROJECT BUDGET BALANCE $ 14,592 P Uctem jCCASRCD Boundaries Corpus Christi Legend Corpus Christi ASR Distract r --- i Current CCASRC t---- Slucy Areas City Owned Land Waste Disposal Fa lllty & Farmer Landfill Most F varaWe Area for ASR (Preliminary) Petronila VICINITY MAP NOT TO SCALE Project Number: E16265 Corpus Christi Aquifer Storage and Recovery Feasibility Study CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES 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 HDR Engineering. Inc., a Nebraska corporation, 4401 West Gate Boulevard, Suite 400, Austin, Texas 78745, (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT Corpus Christi Aquifer Storage and Recovery Feasibility Shady (Project No. El 62651 This project is to advance the evaluation of aquifer storage and recover (ASR) feasibility within the Corpus Christi Aquifer Storage and Recovery District (District) through exploratory testing, geochemical analysis and modeling and use this information to develop recommendations for ASR operations. 2. SCOPE OF SERVICES The Consultant hereby agrees to perform services to complete the Project, as detailed in Exhibit "A". In addition, Consultant will provide monthly status updates (project progress or delays 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 Consultant (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. ORDER OF SERVICES The Consultant agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. FEE The City will pay the Consultant a fee as described in Exhibit "A" for providing services authorized, a total fee not to exceed $601,980.00. Fees invoiced will be computed by multiplying payroll costs by a multiplier of 2.2, plus direct expenses (travel, printing, etc.). Payroll costs include customary and statutory benefits (Fringe Costs) equal to 48.83% of Contract for Professional Services K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16265 CC AQUIFER STORAGE & RECOVERY FEASIBILITY STUDY\CONTRACT\CONTRACT - CCASR.DOCX Page 1 of 5 Salary Costs, subject to equitable adjustment each year to reflect changes in overall compensation procedures and practices and any changes imposed by federal or state laws. Subcontractor costs will be direct expenses without mark-up. Monthly invoices will be submitted in accordance with Exhibit "B". Payments to the District are contingent upon the appropriation of funds by the Texas Legislature. 5. INDEMNITY Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, Texas Water Development Board, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. The Consultant is solely responsible for securing all required licenses and permits from local, state and federal governmental entities and solely responsible for obtaining sufficient insurance in accordance with the general standards and practices of the industry or governmental entities. 6. INSURANCE Consultant agrees to comply with the insurance requirements in Exhibit "C". 7. TERMINATION OF CONTRACT The City may terminate this contract for convenience upon seven days written notice to the Consultant at the address of record. The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure Contract for Professional Services K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16265 CC AQUIFER STORAGE & RECOVERY FEASIBILITY STUDY\CONTRACT\CONTRACT - CCASR.DOCX Page 2 of 5 within the ten days, the agreement will not terminate. In the event of termination, the Consultant will be compensated for its services on all stages authorized based upon Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. 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 Consultant will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the Consultant staff. If the Consultant is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 10.OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, inspection reports and submittal data will be the sole property of the City, may not be used again by the Consultant without the express written consent of the Director of Engineering Services. However, the Consultant may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. Ownership of data, materials and work papers, in any media, that is gathered, compiled, adapted for use, or generated by the Consultant or District shall become the joint property of the District, Consultant, and TWDB. Consultants shall have no proprietary rights in such data, materials and work papers except as permitted by TWDB and District contract. 11. STANDARD OF CARE Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. The Consultant and its contracted parties shall keep timely and accurate books and maintain all financial accounting documents and records, including copies of invoices and receipts related to the work under this contract in accordance with generally acceptable Contract for Professional Services K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16265 CC AQUIFER STORAGE & RECOVERY FEASIBILITY STUDY\CONTRACT\CONTRACT - CCASR.DOCX Page 3 of 5 accounting principles. The Consultant shall make them available for examination and audit by City, Executive Administrator of the TWDB, or any other authorized entity of the State of Texas. Accounting by the Consultant and its contracted parties shall be in a manner consistent with generally accepted accounting principles. The Consultant accepts the authority of the Texas State Auditor's Office to conduct audits and investigations in connection with all state funds received pursuant to this contract. The Consultant shall comply with directives from the Texas State Auditor and shall cooperate in any such investigation or audit. The Consultant agrees to provide the Texas State Auditor with access to any information the Texas State Auditor considers relevant to the investigation or audit. The Consultant will submit to audits and investigation by the State Auditor's Office in connection with all state funds received pursuant to the contract. 12. DISCLOSURE OF INTEREST Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 13. CERTIFICATE OF INTERESTED PARTIES For contracts that exceed $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 14. CONFLICT OF INTEREST Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. 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- Contract for Professional Services K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16265 CC AQUIFER STORAGE & RECOVERY FEASIBILITY STUDY\CONTRACT\CONTRACT - CCASR.DOCX Page 4 of 5 disclosure/index. 15. ENTIRE AGREEMENT AND CONTROLLING LAW This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 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. 16. CONFLICT RESOLUTION BETWEEN DOCUMENTS Consultant hereby agrees and acknowledges if anything contained in the Consultant - prepared Exhibit "A", Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI HDR ENGINEERING, INC. J.H. Edmonds, P.E. Date Director of Engineering Services RECOMMENDED Operating Department Date APPROVED AS TO LEGAL FORM Legal Department Date APPROVED Office of Management Date and Budget ATTEST Rebecca Huerta Date City Secretary . -. 1 /- K•II-:''.a•,4T. Date e jot' Vic: President 4401 West Gate Boulevard, Suite 400 Austin, Texas 78745 (512) 912-5100 Office (512) 912-5158 Fax Project Name Corpus Christi Aquifer Storage and Recovery Feasibility Study Project Number E16265 Accounting Unit 4080-072 Account 550950 Activity E16265014080EXP Account Category 50950 Fund Name Water CIP Contract for Professional Services K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16265 CC AQUIFER STORAGE & RECOVERY FEASIBILITY STUDY\CONTRACT\CONTRACT - CCASR.DOCX Page 5 of 5 EXHIBIT "A" Corpus Christi Aquifer Storage and Recovery Conservation District and City of Corpus Christi Corpus Christi Aquifer Storage and Recovery Feasibility Project Scope of Work April 28, 2016 HDR along with its team of technical sub -consultants will perform the professional engineering services described in this Scope of Work. The objective of the study is to determine aquifer storage and recovery (ASR) feasibility within the Corpus Christi Aquifer Storage and Recovery District (District) through exploratory testing, geochemical analysis, and modeling and use this information to develop recommendations for ASR operations. Background The District, with support from the City, is actively studying ASR and to promote water supply resiliency for industrial customers and for cost-effective long term regional water supply. The District developed a 5 -year plan in 2009 which ,CCASRCDBoundaries included a schedule of major elements of an N ,/' \ Log.ne ASR feasibility plan. In support of the 5-'w"` e;°° sivar Oeee year plan, the TWDB conducted a geologic " 5 `°' m.tyowned Land f F r` �• ' r�.„i�yi s'wRrcr characterization of the District and 1=17surrounding counties in 2012. In 2015, the , ' !°. District performed a desktop aquifer characterization study at three specific areas within the District boundaries which was Airport ROi>amwn 'y delivered in a 2016 report entitled "Aquifer "`"" \ A Characterization Study for ASR Feasibility" feA • The study identified a preferred ASR test drilling location (Figure 1) based on interpretation of nearby geophysical logs that showed favorable permeable zones comprised of sand or mostly sand spanning a few hundred feet within the lower Chicot and/or upper Evangeline Aquifers, in either continuous unit or at multiple intervals considered most desirable for ASR development. The results of the 2016 study serve as a basis for this scope of work, and continue pursuit of the 5 -year plan with site-specific hydrogeological and geochemical testing and modeling to determine the optimal intervals within these formations for ASR development and operation. Corpus Christi Greenwood wwTP Neve=r, 2015 r � I -y Figure 1- Study areas and preferred ASR test drilling location In January 2016, the TWDB selected the District to receive a grant award of $433,000 to assist with tasks outlined in this Scope of Work. The City committed $325,000 in Fiscal Year 2016 to evaluate ASR feasibility. The scope of work items utilizes data collected from previous studies and fulfills the second through final year of the 5 -year plan developed in 2009. EXHIBIT "A" Page 1 of 7 Organization of Scope of Work As Basic Services, HDR will perform six major tasks for ASR feasibility. Drilling services will be contracted directly, in a separate contract, between qualified driller and the District. HDR will provide technical and support services necessary to select a qualified driller and supervise field collection activities as denoted in the Scope of Services below. 0. Formulate Program: HDR understands that a successful ASR testing program hinges on good communication and clear vision. HDR will meet with District and City Staff to identify goals and objectives. Based on the meeting outcome, HDR will confirm drilling techniques appropriate to project objectives, develop a field testing plan, and summarize results in a brief technical memorandum to include a discussion of trade-offs in drilling techniques. HDR will provide updates and requests for feedback during critical phases to achieve project success. 1. Develop and Supervise Exploratory Test Drilling Program: The HDR team will provide supervision and technical support for up to three exploratory boreholes to a depth of about 1,200 feet to assess the geology, hydrogeology, water quality, and geochemistry. The test drilling program will be used to assess potential storage zones for treated water and also confining intervals that will limit vertical movement of water from the target storage zone. The goal of the program is to collect hydrogeological and geochemical parameters that can be used to characterize a potential ASR system at the selected sites. HDR will summarize the results gained from the exploratory test program in a brief technical memorandum. 2. Perform Geochemical Analysis and Modeling: The HDR team will conduct a geochemical analysis to determine the compatibility of treated, source water for storing within the native aquifer setting. This phase is critical in understanding water quality compatibilities to avoid reactions that lead to clogging of the near -well pore space or mobilization of undesirable constituents from aquifer, increasing their concentration in the water when it is recovered. This task will include a brief technical memorandum to determine whether either of these situations is likely to occur, and what operational approaches, water treatment, and/or aquifer conditioning might be necessary. 3. Develop a Field Scale Groundwater Model to Simulate Storage and Recovery Operations: The HDR team will construct a numerical model using one of the MODFLOW family of groundwater codes, along with a transport code such as MT3DMS or SEAWAT if saline water and density effects are found to be potentially important from Tasks 1 and 2. HDR will meet with District and City Staff to identify ASR operational scenarios for model simulation and the model will be used to simulate up to four scenarios with different schedules and rates. Recovery efficiencies will be evaluated based on native water quality and likely ASR operations. HDR will summarize the results of this task in a brief technical memorandum to include modeling assumptions, results, and operational considerations. 4. Evaluate ASR Operating Policy Considerations: The HDR team will identify considerations for ASR operating policy to mitigate risk and uncertainty. HDR will summarize in a brief technical memorandum and provide recommendations of well yields, recovery efficiencies, and operations. 5. Meetings and Deliverables: HDR will meet with the TWDB, District, and the City to present interim results; provide TWDB status reports; and prepare draft and final reports. EXHIBIT "A" Page 2 of 7 Scope of Work Tasks 0. Formulate Program - Task 0.1- Prepare and meet with the District to identify goals, objectives, and preferred source water for ASR. Submit water quality data request to the City including list of constituents of interest for the study. Task 0.2- Confirm drilling and sampling techniques to accomplish project objectives. Task 0.3- Develop preliminary test drilling, sampling, and well construction plan. Task 0.4- Prepare and deliver technical memorandum discussing trade-offs in drilling techniques. Meet with District (one meeting) and City Council (one meeting) to discuss the memorandum and study progress. 1. Develop and Supervise Exploratory Test Drilling Program Task 1.1- Confirm test program approach including location, review of nearby logs to gain insight on local aquifer structure and stratigraphy. Task 1.2- Prepare design and specifications for test drilling program and contract documents. This subtask includes HDR participation in the following activities and up to three meetings with driller related to the following: Pre-bid meeting, receipt of proposals, bid opening, summary of bids received, coordination and interview of drillers (as needed). Meet with the District (one meeting) to provide recommendation on driller selection. Task 1.3- Design and supervise a test drilling program of up to three boreholes. Task 1.4- Collect and classify lithology at discrete depth intervals (30 to 45 feet) or perceived formation changes to characterize permeable sand zones and impermeable clay intervals. Sieve analysis of collected lithology samples may be used to determine grain size to use as a qualitative measurement of permeability. Task 1.5- Collect core samples while drilling through permeable and confining areas of the borehole. Cores will be collected for hydraulic testing and sent to the laboratory for geochemical analysis. Laboratory measurements on each core for modeling purposes include, photograph, grain -size, x-ray diffraction (mineralogy), x-ray fluorescence (chemistry), cation exchange capacity with individual exchangeable cation concentrations, thin section petrology, scanning electron microscopy photomicrographs and acid insoluble residue analysis. Task 1.6- Collect water quality samples and specific capacity testing at intervals beginning in the lower Chicot to determine salinity and relative specific capacity of the encountered formations as the borehole is advanced. Periodically, the following field measurements will be obtained: temperature, conductivity, pH, oxidation reduction potential (closed cell), dissolved oxygen and turbidity. Samples will be collected for laboratory analysis of regulated constituents based on TCEQ requirements and may include: silica, aluminum, both dissolved and total iron and manganese, calcium, magnesium, sodium, potassium, total alkalinity, sulfate, chloride, fluoride, nitrate, ammonia, total Kjeldahl nitrogen, total phosphorus, phosphate, total organic carbon, total dissolved solids, total suspended solids, specific conductance and pH. Task 1.7- Analyze geophysical logs and identify sand intervals for isolation and pump testing. Results will be used to develop well screen interval recommendations. Task 1.8- Provide field support for isolated interval testing (pump tests), while collecting continuous water levels to calculate hydraulic conductivity. Collect water quality samples representative of discrete intervals and send water quality samples to laboratory for analysis. Packer tests if practicable will be conducted to isolate discrete intervals of the borehole for hydraulic conductivity testing. At the EXHIBIT "A" Page 3of7 end of the pumping phase, a water quality sample will be collected for laboratory analysis and at least one will be analyzed for a full suite of chemical constituents, including radionuclides. Task 1.9- Prepare and deliver a technical memorandum summarizing the exploratory drilling program. Meet with District (one meeting) during interim stage of Task 1 to provide an update on field activities. 2. Perform Geochemical Analysis and Modeling Task 2.1- Collect and analyze water quality data from Stevens WTP, Greenwood WWTP, or other potential recharge water sources as provided by City staff. One sample will be collected by HDR and analyzed for a full suite of chemical constituents, including regulated organic, inorganic and radionuclide constituents, at a minimum. Additional laboratory analyses for modeling purposes include: silica, aluminum, both dissolved and total iron and manganese, calcium, magnesium, sodium, potassium, total alkalinity, sulfate, chloride, fluoride, nitrate, ammonia, total Kjeldahl nitrogen, total phosphorus, phosphate, total organic carbon, total dissolved solids, total suspended solids, specific conductance and pH. Task 2.2- Perform geochemical modeling of representative potential recharge water sources, native groundwater from individual developed ASR wells and mixtures of source and native groundwater using PhreeqC or The Geochemical Workbench thermodynamic modeling software. Results of the modeling will be used to determine source compatibility with the aquifer mineralogy and physiochemical matrix of individual ASR wells. Aquifer characteristics and field and laboratory measurements from the exploratory testing program (Task 1.5 & Task 1.6 & Task 1.8) will be used in the modeling effort. Clay mineralogy and CEC cation chemistry will be particularly important to this project because of chemical and total dissolved solids differences in the source and native groundwater. Task 2.3- Prepare and deliver technical memorandum to include laboratory test report, summary of modeling findings, and geochemical analysis. Meet with District (one meeting) and City Council (one meeting) to discuss results of exploratory testing program and geochemical analysis. 3. Develop a Field Scale Groundwater Model to Simulate Storage and Recovery Operations: Task 3.1- Select grid and layering of model based on Task 1- drilling program and previous studies. Task 3.2- Construct a local, field scale model and assign aquifer model parameters. Task 3.3- Meet with the District to identify ASR operational scenarios for modeling, to include recharge, production schedule, and rates in accordance with District goals. Task 3.4- Prepare model simulations for up to four scenarios to evaluate the aquifer response of recharge and recovery for different schedules and rates, including likelihood of stratification within storage and movement during injection/idle/recovery periods. These simulations would span seasonal operations (recharge in the winter and recovery in the summer) and long-term water banking Task 3.5- Evaluate impact of native brackish groundwater on ASR recovery. Task 3.6- Prepare and deliver technical memorandum summarizing modeling assumptions, results, and operational considerations. 4. Evaluate ASR Operating Policy Considerations Task 4.1- Using results from Tasks 1-3, identify considerations for ASR operating policy to mitigate risk and uncertainty. Such items will include but not be limited to TCEQ regulations, water quality standards, subsidence, and supply protection measures. Task 4.2- Prepare and deliver technical memorandum summarizing ASR operating policy considerations considering estimated well yields and recovery efficiencies. Meet with District (one meeting) and City Council (one meeting) to discuss ASR operating policy and study progress. EXHIBIT "A" Page 4 of 7 5. TWDB Coordination Meetings, Draft and Final Report Deliverables and Meetings * Note: Meetings related to specific tasks and interim deliverables (technical memorandums) are included above in Tasks 0-4. Task 5.1- Prepare for and participate in a TWDB coordination meeting and up to three (3) project status meetings with representatives of the TWDB and District/City staff to provide updates and interim results of the studies. Task 5.2- Prepare status reports to the TWDB after each major task to summarize preliminary findings. Task 5.3- Prepare and submit a draft report and electronic presentation to the District. Meet with the District (one meeting) and meet with City Council (one meeting) to summarize results of the draft report. Submit draft report to TWDB, not later than March 29, 2019. The report to include the following items to assess ASR feasibility for the study areas: • Favorability of ASR well development for each area tested in the exploratory drilling program; • Ranking of investigated areas based on ASR well feasibility; • Optimal depths and storage intervals of planned ASR wells; • Recommended injection and recovery rates per well for optimal performance; • Considerations regarding geochemical compatibility and pre-treatment needs, if applicable; • Number of wells to meet available flow volumes and desired objectives; • ASR operational and policy considerations; and • Next steps to complete an EPA Class V ASR well permit application. Task 5.4- Prepare and submit a final report and electronic presentation to the District. Meet with the District (one meeting) and meet with City Council (one meeting) to summarize results of the final report. Submit final report to TWDB within six weeks of receipt of comments on the draft, not later than June 27, 2019. Project Schedule The schedule is provided in Attachment 1. The draft report is scheduled to be provided to the District no later than January 4, 2019 in order to provide adequate review schedule for delivery of draft report to the TWDB by March 29, 2019. All work must be completed by August 30, 2019, which is the TWDB Contract Expiration deadline. EXHIBIT "A" Page 5of7 Fee Estimate The following table summarizes the fee for Tasks identified in the above scope of work. TASK BUDGET TASK DESCRIPTION AMOUNT 0 Formulate Program $44,287 1 Exploratory Test Drilling Program $276,055 2 Geochemical Analysis $65,906 3 Field Scale Groundwater Model $116,753 4 ASR Operating Policies $29,553 5 TWDB Coordination, Draft/Final Deliverables and Meetings $69,427 Total $601,980 EXPENSE BUDGET CATEGORY AMOUNT Salaries & Wages $168,745 Fringe $82,398 Overhead/Profit $294,592 Travel $18,550 Supplies/Misc $27,097 Tech/Computer $9,598 Reproduction $1,000 Total $601,980 EXHIBIT "A" Page 6 of 7 Attachment 1 Corpus Christ Aquifer Storage and Recovery Feasibility Project (Update Version 2, April 22, 20161 Deliverables Draft Report to District- lamely 4, 2019 Draft Report to IAMB March 29, 2019 Receive Comments (60 d)- May 28, 2019 Final Dar -June 27, 2019 TWDBAcreplanee/Approval-July 2019 Contract Expiration- ARAD, 7019 City Council meeting -MDR meeting Ustnict meeting Deliverable tDrilling services meetings- (1)solicitation of proposaIs; respond to driller inquiries (2) receipt of proposals; list of performance-based drillers for consideration (3) open cost bids Gly/DilricL le Retain Driller by March 24, 2017 EXHIBIT "A" Page 7 of 7 M 1 1 2016 AS ONDJ FMAMJ 2017 1 A SOND 1 FMAMJ 2018 J A SONS 1 FMAM 2019 1 1 A Contract Development/Approval 1 Task 0 Formulate Program 1 Task 1- Exploratory Test Drilling Program Task 2-Geochemical Analysis iQM Task 3- Field Scale Groundwater Model 41 Task 4 -ASR Operating Policies41 Task 5-1WD0 Coordination Meetings, and Drafl/Final RepurL Deliverables arid Meetings 404 4 ■ (1 , Deliverables Draft Report to District- lamely 4, 2019 Draft Report to IAMB March 29, 2019 Receive Comments (60 d)- May 28, 2019 Final Dar -June 27, 2019 TWDBAcreplanee/Approval-July 2019 Contract Expiration- ARAD, 7019 City Council meeting -MDR meeting Ustnict meeting Deliverable tDrilling services meetings- (1)solicitation of proposaIs; respond to driller inquiries (2) receipt of proposals; list of performance-based drillers for consideration (3) open cost bids Gly/DilricL le Retain Driller by March 24, 2017 EXHIBIT "A" Page 7 of 7 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees EXHIBIT "B" SAMPLE PAYMENT REQUEST FORM COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27100 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0°,6 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% Contract for Professional Services Exhibit B EXHIBIT "C" Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (001) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim 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. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 List the City and its officers, officials, employees 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 professional liability/Errors & Omissions policy; 1.6.2 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; 1.6.3 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, or non -renewal in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City 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 defimtions. COMPANY NAME: HDR Engineering, Inc. P. O. BOX: STREET ADDRESS: 4401 West Gate Blvd, Suite 400 FIRM IS: 1. Corporation fT] 4. Association CITY: Austin 2. Partnership 5. Other ZIp: 78745 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) Nf ,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 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS Ifa 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)J 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: Kelly J. Kaatz, P.E. (Type or Print) Signature of Certifying Person: Title: Senior Vice President Date: (0/i Shh 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 Corpus Christi Aquifer Storage and Recovery (ASR) Feasibility Study Council Presentation July 19, 2016 ASR Fundamentals Corpus Chr sti Engineering Water H S Water Injected To Storage _ Recovered During During Low Demand High Demand,>� 2 Study Background Carpus Chr sti Engineering • ASR is a long-term water supply strategy; • CCASRCD (District) established to manage and protect local groundwater; • The City resources the District with administrative and financial support; • This study- • Builds upon previous studies to better understand ASR feasibility • Supports District objectives to manage and protect local groundwater; • Carries out remaining tasks identified in the District's 5 year plan (2009) • Received a competitive, TWDB grant award of $433,388 District Service Area Corpus Chr sti Engineering Corpus Christi Aquifer Storage and Recovery District San Patricio Legend i..J Clly Limits Boundary a Recovery oiatnct Q MPO Sou., Aransas Com Kleberg County i Magus County San Patello County Nueces Kleberg N w X11` 5 Study Opportunity Corpus Chr sti Engineering This ASR Feasibility Study is important to: • Promote regional water supply diversification • Evaluate regional water supply cost-effectiveness • Enhance water system operational efficiency • Conserve and repurpose the City's existing water resources Study Location Corpus Chr sti Engineering /CCASRCD Boundaries Corpus Christi e®end Corpus GTnaa ASR Dzlrlui —I Current CCASRCD --- $tuay Areas - City owned Land Waste Disposal dada Hy & Farmer Landfill Aeat for FSR e (Prellminary) 05 Petronila 6 Study Scope Corpus Chr'sti Engineering The scope of this Study includes: • Formulation of program • Exploratory test drilling program • Geochemical analysis • Field scale groundwater availability model • ASR operating policy considerations; and CAS! CONFINING UNIT AQUIFER TRANSRION FLUSHEQ RIISHEQ 2QNE 'H ZONE VH ZONE {' 20NE (20NE OF ONE OF 3 MISINE) G) t 3 CASING CONFINING UNIT A technical report of findings to the City and the TWDB Source of Image: USGS, 2004 Study Schedule Carpus Chr sti Engineering 2016 2017 2018 2019 A s 0 N D J F M A M J J A s 0 N D J F M A M J J A s 0 N D J F M A M J J A ASR Feasibility Study Project Estimate: 1,110 Calendar Days = 37 Months Projected Schedule reflects City Council award in July 2016 with draft report delivered to the TWDB in March 2019. Discussion Corpus Chr st1 Engineering 9 INTERLOCAL AGREEMENT FOR MANAGEMENT OF GROUNDWATER WITHIN THE BOUNDARIES OF THE CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT This Interlocal Agreement is entered into by and between the City of Corpus Christi, Texas ("City") and the Corpus Christi Aquifer Storage and Recovery Conservation District ("CCASRCD"). Recitals WHEREAS, CCASRCD was established by the Texas Legislature, as an independent political subdivision of the State of Texas, with its own authority and duties established by State law, to develop and protect municipal aquifer storage areas created by the City of Corpus Christi, WHEREAS, the City appoints the CCASRCD's board of directors, WHEREAS, CCASRCD does not have the authority to tax, issue bonds, or use the power of eminent domain, but does have the authority to raise revenue through permit fees and fees for service, WHEREAS, the activities of the CCASRCD are intended to support the City's potable water storage and distribution system, the activities of the CCASRCD need to be closely coordinated between the two entities, and WHEREAS, the purpose of this Agreement is to clarify the roles of the City and CCASRCD relating to the development and protection of municipal aquifer storage areas created by the City of Corpus Christi, NOW, THEREFORE in consideration of the mutual covenants in this Agreement, the participating local governments (the "Parties"), authorized by appropriate actions of their governing bodies, hereby agree as follows: 1. Scope of Services. a. The City will perform the following services for CCASRCD: (1) Authorize City employees to serve as directors of the CCASRCD, without compensation from CCASRCD. (2) AIIow the City Manager, or the City Manager's designee, to serve as the General Manager of the CCASRCD, without compensation from CCASRCD. (3) AIIow the Assistant City Manager to designate other City employees to perform services for the CCASRCD, without compensation from CCASRCD. 2008-079 03/11/08 Res. 027606 :EMENT.doc CC Aquifer Stor. & Recov. Distr. 1 (4) As the agent of the CCASRCD, solicit, negotiate, and contract with consultants to assist with CCASRCD functions. (a) The City employees involved shall follow normal City procurement policies. (b) The Assistant City Manager, as CCASRCD General Manager, is authorized to execute contracts for consulting services that do not exceed the limit at which competitive bids are required under the Texas Local Government Code, as amended (which will be referred to in this Agreement as the "procurement limit"), without the approval of the CCASRCD Board of Directors. (c) Contracts for consulting services over the procurement limit must be approved by the CCASRCD Board of Directors before it is executed. (d) The City shall reimburse the CCASRCD for the costs of any contracts for consulting services. (e) Before any contract for consulting services that will involve an expenditure over the procurement limit is executed, the CCASRCD shall obtain the concurrence of the City Council. (5) All City employees acting as agents for the CCASRCD shall comply with both the City's and CCASRCD's codes of ethics. Acting for both the CCASRCD and City in the same or related matter is not considered a conflict of interest under either code of ethics. (6) Authorize City employees to travel on CCASRCD business, and reimburse the City employees for any travel expenses under applicable City travel policies and procedures. (7) Maintain the financial records of the CCASRCD. The records must be maintained as separate funds, and shall be maintained under applicable City policies and procedures as applied to other City funds. (8) Invest any CCASRCD funds. The CCASRCD funds must be invested under applicable City policies and procedures in the same manner as the City invest its own funds. (9) Maintain and manage the records of and information acquired by the CCASRCD. (a) The CCASRCD's Records Management Program and Records Retention Schedule are modeled on the City's Records Management Program and Records Retention Schedule. CCASRCD INTERLOCAL AGREEMENT.doc 2 (b) The CCASRCD General Manager is the CCASRCD Records Management Officer. The City Secretary will assist the CCASRCD Records Management Officer. (c) The CCASRCD board designates the City Secretary, or his/her designee, as the Public information Coordinator to satisfy the training requirement of Texas Government Code, Section 552.012. (10) As agent for the CCASRCD, build, acquire, or obtain property and install improvements and facilities. (a) The City shall reimburse the CCASRCD for 100% of the costs incurred to acquire or obtain property and to install or construct improvements and facilities. (b) Before any property is acquired, capital improvements made, or facilities constructed or installed, which costs more than procurement limit, the CCASRCD shall obtain the concurrence of the City Council. (11) Develop groundwater management plans, including: (a) Regional comprehensive management plan with other groundwater and surface water management entities and (b) CCASRCD management plan. (12) Provide insurance coverage within the City's insurance plan for CCARSCD, its officers and City staff performing duties for CCARSCD. b. The CCASRCD will perform the following services for the City: (1) Adopt rules relating to the following, if necessary to protect the City's aquifer storage and recovery wells and system, before the wells and system are placed into operation: (a) Limits on groundwater production, (b) Spacing of wells, (c) Conservation, preservation, protection, and recharge of groundwater, (d) Subsidence control, (e) Prevention of degradation of water quality, and (f) Prevention of waste of groundwater. (2) Enforce the CCASRCD rules by injunction, civil penalties, and other remedies. CCASRCD INTERLOCAL AGREEMENT.doc 3 (3) Build, acquire, or obtain property and install improvements and facilities. (4) Purchase, sell, transport, and distribute surface water and groundwater, in consultation with the City. All contracts for the purchase, sale, transport, or distribution of surface or groundwater must be approved the City's City Council before it is executed. (5) Conduct surveys of groundwater. (6) Conduct research. (7) Require submission of accurate well driller logs for wells within the CCASRCD boundaries. (8) Require permits for drilling, equipping, operating, completing, or substantially altering wells and well pumps within the CCASRCD boundaries. (9) Regulate well spacing and production. (10) Require the closing or capping of open and uncovered wells. (11) Regulate the transfer of groundwater outside CCASRCD. (12) Adopt appropriate permit fees and fees for service to provide revenue for CCASRD activities. (13) Provide reimbursement to the City for expenses incurred under this Agreement, when sufficient revenue exists in CCASRCD accounts for such reimbursement. 2. Budgets. a. CCASRCD shall prepare and submit to the City's budget office a budget for its activities that includes projections of expenditures that the City is required to reimburse during the City's next fiscal year. b. The City Council shall review and approve the portion of the CCASRCD budget that is funded by the City, as part of its approval of the City budget. c. The expenditure for any items that are specifically identified in the CCASRCD budget that was approved by the City Council is considered to have been approved by the City Council. d. Amendments to the budget may be made during a fiscal year with the approval of the City Council. 3. Other Agreements, Supplementary Agreements and Protocols. The Parties are encouraged to enter into additional agreements and protocols as convenient or necessary. CCASRCD I NTERLOCAL AGREEMENT.doc 4 4. Implementation. The City Manager and CCASRCD General Manager are authorized and directed to take all steps necessary or convenient to implement this Agreement, and shall cooperate in developing a plan for the implementation of the activities provided for in this Agreement. 5. Participation Notice. Each Party shall notify the other Parties of its participation in this Agreement by furnishing an executed original of the attached Participation Notice. 6. Warranty. The Agreement has been officially authorized by the governing body of each Party, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to this Agreement. 7. Administrative Services. The City agrees to provide administrative services necessary to coordinate this Agreement, including providing Parties with a current list of contact information for each Party. 8. Federal and State Participation. Federal and state entities and other local governments may participate in this Agreement, to the extent of any limitations of their authority, by furnishing an executed original of the attached Participation Notice to the City. 9. Expending Funds. Each Party, which performs services under this Agreement, will do so with funds available from current revenues of the Party. No Party shall have any liability for the failure to expend funds to provide aid under this Agreement. 10. Term of Agreement. a. This Agreement shall become effective as to each Party when approved and executed by that Party. b. Once approved by all Parties, this Agreement shall be for a term of one year, and shall be automatically renewed annually, unless any party its participation by giving written notice to the other parties at least sixty days before the end of each annual term. c. Termination of participation in this Agreement by any Party does not affect the continued operation of this Agreement between and among the remaining Parties, and this Agreement shall continue in force and remain binding on the remaining Parties. 11. Oral and Written Agreements. All oral or written agreements between the parties relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement, have been reduced to writing and are contained in this Agreement. 12. Entire Agreement. This Agreement, including Attachments, represents the entire Agreement between the Parties and supersedes any and all prior agreements between the parties, whether written or oral, relating to the subject of this agreement. CCASRCD INTERLOCALAGREEMENT.doc 5 13. Interlocal Cooperation Act. The Parties agree that activities contemplated by this Agreement are governmental functions and services" and that the Parties are "local governments" as that term is defined in the Interlocal Cooperation Act. 14. Severability. If any provision of this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement, which can be given effect without the invalid provision. To this end the remaining provisions of this Agreement are severable and continue in full force and effect. 15. Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continue in full force and effect. 16. Not for Benefit of Third Parties. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. 17. Exercise of Police Power. This Agreement and all activities under this Agreement are undertaken solely as an exercise of the police power of the Parties, exercised for the health, safety, and welfare of the public generally, and not for the benefit of any particular person or persons and the Parties shall not have nor be deemed to have any duty to any particular person or persons. 18. City policies and procedures to control. In activities conducted or performed by City staff under the terms of this Agreement, City staff shall conform to applicable City policies and procedures, as though the staff member was performing a City task or duty. 19. Immunity not Waived. Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. 20. Civil Liability to Third Parties. Each Responding Party will be responsible for any civil liability for its own actions under this Agreement, and will determine what level, if any, of insurance or self-insurance it should maintain for such situations. 21. No Liability of Parties to One Another. One Party may not be responsible and is not civilly liable to another for not responding, or for responding at a particular level of resources or in a particular manner. Each Party to this Agreement waives all claims against the other Parties to this Agreement for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement, except those caused in whole or in part by the negligence of an officer, employee, or agent of another Party. 22. Notices. a. Notices under this agreement may be delivered by mail as follows: CCASRCD INTERLOCAL AGREEMENT.doc 6 City: City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 CCASRCD: Corpus Christi Aquifer Storage and Recovery Conservation District Attn: General Manager P.O. Box 9277 Corpus Christi, Texas 78469-927 b. The parties to this agreement may specify to the other party in writing another address for notice. 23. Amendments to Agreement. a. This Agreement may not be amended except by written agreement approved by the governing bodies of the Parties. b. 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. 24. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. 25. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT ATTEST: By: C �j A 7Z - Oscar Martinez, President Fred Segundo, Secretary vlr -3- 0 Date: - 3 • o k Date: CCASRCD INTERLOCAL AGREEMENT.doc 7 CITY OF CORPUS CHRISTI ATTEST Arma • o Chapa City Secretary APPROVED AS TO FORM: This ,49t day ofn.kbaj, 2008 wiltuu Gary . Smith Assistant City Attorney For City Attorney CCASRCD INTERLOCAL AGREEMENT.doc By: GefSrge K. Noe City Manager ,4,12 _____"._. AUTISUIPt6 rt COUNCIL 0 3 I I,,,.„ .ie 11.7 iv 3 ton 8 PARTICIPATION NOTICE I hereby notify the Parties that Corpus Christi Aquifer Storage and Recovery Conservation District has approved participation in the Interlocal Agreement for Management of Groundwater within the Boundaries of the Corpus Christi Aquifer Storage and Recovery Conservation District, by lawful action of its governing body, a true copy of which is attached and incorporated in this Agreement. Fred Segu Secretary CCASRCD INTERLOCAL AGREEMENT.doc Date 9 PARTICIPATION NOTICE I hereby notify the Parties that the City of Corpus Christi has approved participation in the Interlocal Agreement for Management of Groundwater within the Boundaries of the Corpus Christi Aquifer Storage and Recovery Conservation District, by lawful action of its governing body, a true copy of which is attached and incorporated in this Agreement. (4tree,-, 3/►Y1. Armando Chapa Date City Secretary CCASRCD INTERLOCAL AGREEMENT.doc 10 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-70903 Date Filed: 06/15/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. HDR Engineering, Inc. Austin, TX United States -2 Narne of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16265 Corpus Christi Aquifer Storage and Recovery Feasibility Study 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary HDR, Inc. Omaha, NE United States X Little, George A. Omaha, NE United States X Keen, Eric L. Omaha, NE United States X Felker, Brent R. Davis, CA United States X O'Reilly, Charles L. Boston, MA United States X 5 Check if there is NO Interested Party. only ■ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ' '' . MICHELLE M BRITTON i'r Ari `�'; NOTARY PUBLIC •• • Fra : = State of Texas 'r . Corrin ' 06-27-2017 Seof hori •d ag- t of • antracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, the said � ,this the `.7 ria of J(//2E? by /1( ,2C/ / Z 1 y J 20 14, , to certify which, witness my hand and seal of office. AllMh (16(.-i S" ar laft u� Th1 /f'/0 Signature of officer administering oath Printed name of officer administering oath Title of officer ad unistering oath Forms provided by Texas Ethics Commission www.ethic,s.state.tx.us Version V1.0.1021 Texas Water Development Board P.O. Box 13231, 1700 N. Congress Ave. Austin, TX 78711-3231, www.twdb.texas.gov Phone (512) 463-7847, Fax (512) 475-2053 January 20, 2016 Mr. Brent Clayton Corpus Christi Aquifer Storage and Recovery Conservation District 1201 Leopard Street Corpus Christi, TX 78401 email: brentc@cctexas.com cctexas.com Re: Texas Water Development Board's TRD No. 201504075, Demonstration Projects for Alternative Water Supplies. TWDI3 Grant Application 00004151 Dear Mr. Clayton: Congratulations! The Texas Water Development Board's six -member governing Board approved your application request in an amount not to exceed $433,388.00 at their regularly scheduled meeting on January 19, 2016. A draft contract will be prepared in the next couple of weeks for your review. If you have any questions or concerns, please contact Erika Mancha at (512) 463-7932. Da ' Carter Agency Contract Administrator Our Mission To provide leadership, information, education, and support for planning, financial assistance, and outreach for the conservation and responsible development of water for Texas Board Members Bech Bruun, Chairman ! Kathleen Jackson, Member + Peter Lake, Member Kevin Patteson, Executive Administrator AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of July 26, 2016 Second Reading for the City Council Meeting of August 9, 2016 DATE: July 5, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 822 Graham Road CAPTION: Case No. 0616-05 CCSemloh Partnership, Ltd.: A change of zoning from the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District. The property to be rezoned is described as Tract 1: Being 10.536 acres out of Lots 6 and 11, Section 48, Flour Bluff and Encinal Farm and Garden Tracts and Tract 2: Being 0.552 acres out of Lots 7 and 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Compton Road approximately 1,250 feet west of Waldron Road. PURPOSE: The purpose of this item is to rezone the property to allow construction of an enclosed boat and recreational vehicle storage facility on Tract 1 and general commercial uses on Tract 2. RECOMMENDATION: Tract 1: Denial of the change of zoning from the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District, and in lieu thereof, approval of a "RE/SP" Residential Estate District with a Special Permit for a boat and recreational vehicle storage facility subject to compliance with the setbacks and buffering elements identified in the attached site plan and the following conditions: 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is a gated, self-service storage facility for fully - enclosed boat and recreational vehicle storage. 2. Minimum Yards: The street yard setback along the northwest corner of the property abutting Compton Road shall be a minimum of 50 feet. The street yard setback along the remainder of Compton Road frontage shall be a minimum of 50 feet. 3. Buffer Yards: A 50-foot wide buffer yard (coterminous with the street yard) and a six-foot solid wood screening fence shall be installed, maintained and remain in place on that portion of the northwest corner of the property abutting Compton Road. A 15-foot wide buffer yard and 15 buffer points shall be installed, maintained, and remain in place along any side of the property abutting a residential zoning district; except that, for any area abutting a drainage ditch with a minimum of 30 feet of right-of-way the buffer yard may be comprised of a continuous masonry wall at least six feet in height, which may be comprised of a combination of the rear wall of a building and a masonry wall, set back a minimum of 10 feet from the property line. 4. Landscaping: Seventy percent of the required landscaping shall be installed, maintained, and remain in place on that portion of the northwest corner of the property abutting Compton Road where the site plan indicates a 50-foot buffer yard. 5. Architectural Elements: Buildings constructed along the west and south property lines abutting residential zoning districts shall incorporate masonry-type elements, such as but not limited to wainscoting. 6. Lighting: All lighting shall be shielded and pole lights shall be of the full cut-off type. Freestanding pole lights are not allowed within 50 feet of a property line abutting residential zoning districts. 7. Signage: One freestanding sign shall be allowed. The freestanding sign must be a monument sign, which shall not exceed eight feet in height and 50 square feet in area. One wall sign shall be permitted not to exceed 60 square feet. The wall sign shall face Compton Road. 8. Vehicle Stacking: A minimum of four off-street vehicle stacking spaces designed in accordance with all standards of the UDC for gated parking areas shall be provided between the public right-of-way and the front access gate of the storage facility. 9. Storage Space: The maximum allowable storage space for a boat or recreational vehicle storage unit shall not exceed 500 square feet in accordance with the UDC. Boat and recreational vehicle storage buildings shall be limited to one floor in height. 10.On-site Operations: No cleaning, purging, or maintenance of marine engines shall be permitted. The repair of boats and recreational vehicles shall be prohibited. 11.Traffic Improvements: The Owner shall construct or install traffic improvements identified in the Traffic Impact Analysis submitted to the Transportation Advisory Commission for the removal of First National Boulevard from the Urban Transportation Plan. 12.Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable requirements of the UDC, Building and Fire Code. 13.Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Tract 2: Approval of the rezoning from the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District. Vote Results: For: 8 Opposed: 0 Abstained: 0 Absent: 1 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District to allow construction of an enclosed boat and recreational vehicle (RV) storage facility on Tract 1. The proposed development on Tract 2 is unknown at this time. The owner is proposing to develop Tract 1 with multiple structures to be used for the storage of boats and RVs. A larger street yard setback of 50 feet is proposed along the northwest corner of the property abutting Compton Road and the required yard of 20 feet is shown along the remainder of the Compton Road frontage. The property owner is proposing to construct buildings 10 feet from the property line along the south and west property lines in a manner that would allow the rear wall of the buildings to serve as a screening wall when placed in conjunction with a six-foot masonry fence where no building wall exists. No purging of inboard or outboard boat engines would be permitted at the site. The current requested rezoning to the "CG -2" General Commercial District is not consistent with the Comprehensive Plan or the Future Land Use Map's designation of the property for estate residential uses and may negatively impact the adjacent properties because the "CG -2" General Commercial District would allow uses such as vehicle sales and service, bars and night clubs, which would not be compatible with the adjacent residentially zoned properties. Staff finds the proposed use with special provisions for buffering, increased setbacks, and other compatibility features to be compatible with the current zoning and development patterns of the neighborhood. Staff further finds that, due to low traffic counts and generally limited activity associated with such storage use, the proposed use may be compatible with properties to the west and southwest provided certain development conditions are imposed to mitigate impacts of the development. Therefore, staff finds that Special Permit conditions coupled with standard UDC requirements for nonresidential developments adjacent to residential development will ensure that development is compatible with existing and future residential development. The applicant is in agreement with the Staff and Planning Commission recommendations. ALTERNATIVES: 1. Approve the rezoning to "RE/SP" Residential Estate District with a Special Permit on Tract 1 and approval of the "CG -2" General Commercial District on Tract 2 as recommended by Staff and Planning Commission. 2. Approve the request to "CG -2" General Commercial District for Tracts 1 and 2. (requires 3/4 vote) 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed rezoning to the "CG -2" General Commercial District on Tract 1 is not consistent with the adopted Future Land Use Map or the Flour Bluff Area Development Plan but does further policies of the Comprehensive Plan pertaining to infill development. The Special Permit recommended by staff and Planning Commission would allow the proposed use in conformity with City plans. The rezoning of Tract 2 as proposed is consistent with City plans. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance (RE/SP and CG -2) Ordinance (CG -2) Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by CCSemloh Partnership, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to 10.536 acres out of Lots 6 and 11, Section 48, Flour Bluff and Encinal Farm and Garden Tracts (Tract 1) from the "RE" Residential Estate District and "CG -1" General Commercial District to the "RE/SP" Residential Estate District with a Special Permit for a boat and recreational vehicle storage facility, and in reference to 0.552 acres out of Lots 7 and 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts (Tract 2) from the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District, amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of CCSemloh Partership, Ltd. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 29, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning from the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District and, in lieu thereof, approval of a "RE/SP" Residential Estate District with a Special Permit for a boat and recreational vehicle storage facility on Tract 1 and approval of the rezoning from the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District on Tract 2; and on Tuesday, July 26, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application by CCSemloh Partership, Ltd. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on 10.536 acres out of Lots 6 and 11, Section 48, Flour Bluff and Encinal Farm and Garden Tracts (Tract 1) from the "RE" Residential Estate District and "CG -1" General Commercial District to the "RE/SP" Residential Estate District with a Special Permit for a boat and recreational vehicle storage facility, and in reference to 0.552 acres out of Lots 7 and 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts (Tract 2) from the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District (Zoning Map No. 035032), as shown in Exhibits "A," "B," "C," and "D." Exhibit A, which is a metes and bounds description of Tract 1, Exhibit B, which is a metes and bounds description of Tract 2, Exhibit C, which is a site plan of Tracts 1 and 2, and Exhibit D, which is a map of Tracts 1 and 2, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance for Tract 1 is subject to compliance with the setbacks and buffering elements identified in the attached site plan and the following conditions: 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is a gated, self-service storage facility for fully - enclosed boat and recreational vehicle storage. 2. Minimum Yards: The street yard setback along the northwest corner of the property abutting Compton Road shall be a minimum of 50 feet. The street yard setback along the remainder of Compton Road frontage shall be a minimum of 20 feet. 3. Buffer Yards: A 50 -foot wide buffer yard (coterminous with the street yard) and a six-foot solid wood screening fence shall be installed, maintained and remain in place on that portion of the northwest corner of the property abutting Compton Road. A 15 -foot wide buffer yard and 15 buffer points shall be installed, maintained, and remain in place along any side of the property abutting a residential zoning district; except that, for any area abutting a drainage ditch with a minimum of 30 feet of right-of-way the buffer yard may be comprised of a continuous masonry wall at least six feet in height, which may be comprised of a combination of the rear wall of a building and a masonry wall, set back a minimum of 10 feet from the property line. 4. Landscaping: Seventy percent of the required landscaping shall be installed, maintained, and remain in place on that portion of the northwest corner of the property abutting Compton Road where the site plan indicates a 50 -foot buffer yard 5. Architectural Elements: Buildings constructed along the west and south property lines abutting residential zoning districts shall incorporate masonry -type elements, such as but not limited to wainscoting. 6. Lighting: All lighting shall be shielded and pole lights shall be of the full cut-off type. Freestanding pole lights are not allowed within 50 feet of a property line abutting residential zoning districts. 7. Signage: One freestanding sign shall be allowed. The freestanding sign must be a monument sign, which shall not exceed eight feet in height and 50 square feet in area. One wall sign shall be permitted not to exceed 60 square feet. The wall sign shall face Compton Road. Ordinance_SP-CCSemloh Partnership, Ltd Page 2 of 4 8. Vehicle Stacking: A minimum of four off-street vehicle stacking spaces designed in accordance with all standards of the UDC for gated parking areas shall be provided between the public right-of-way and the front access gate of the storage facility. 9. Storage Space: The maximum allowable storage space for a boat or recreational vehicle storage unit shall not exceed 500 square feet in accordance with the UDC. Boat and recreational vehicle storage buildings shall be limited to one floor in height. 10.0n -site Operations: No cleaning, purging, or maintenance of marine engines shall be permitted. The repair of boats and recreational vehicles shall be prohibited. 11.Traffic Improvements: The Owner shall construct or install traffic improvements identified in the Traffic Impact Analysis submitted to the Transportation Advisory Commission for the removal of First National Boulevard from the Urban Transportation Plan. 12.Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable requirements of the UDC, Building and Fire Code. 13.Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. The change of zoning does not result in an amendment to the Future Land Use Map, an element of the Comprehensive Plan. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. Ordinance_SP-CCSemloh Partnership, Ltd Page 3 of 4 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance_SP-CCSemloh Partnership, Ltd Page 4 of 4 STATE OF TEXAS COUNTY OF NUECES Tract 1 10.536 acres ALL that certain tract or parcel of land situated in Nueces County, Texas, same lying within the Corporate City Limits of Corpus Christi, Texas, same being out of Lots 6 and 11, Section 48 of the Flour Bluff and Encinal Farm and Garden Tracts as recorded in Volume A, Pages 41 to 43 of the Map Records of Nueces County, Texas, and being more particularly described by metes and bounds as follows, to wit: COMMENCING at a 5/8 inch iron rod found for the North corner of said Lot 11, Section 48, same being the common corner with Lots 12, 6 and 5 of said Section 48, same being the South corner of Flour Bluff Center as recorded in Volume 8, Page 41 of the Map Records of Nueces County, Texas; THENCE, along the Northeast boundary line of said Lot 11 and common boundary line with said Lot 6, SOUTH 60 degrees 47 minutes 41 seconds EAST 184.10 feet to a point for a North corner of this tract and the point of beginning; THENCE, NORTH 78 degrees 32 minutes 14 seconds EAST 56.88 feet to a point for the Northeast corner of this tract, same lying in the Southwest right-of-way margin of Compton Boulevard; THENCE, along said Southwest right-of-way margin of Compton Boulevard, SOUTH 61 degrees 10 minutes 05 seconds EAST 429.97 feet to a point for the Northeast corner of this tract, the same being the common boundary line of Lot 6 and Lot 7, Section 48; THENCE, along said common boundary line of said Lot 6 and Lot 7, SOUTH 29 degrees 00 minutes 23 seconds WEST 40.00 feet to a 5/8 inch iron rod, being the South corner of said Lot 6, same being the common corner with Lots 7 and 10 of said Section 48; THENCE, along said common boundary line of said Lot 10 and Lot 11, Section 48, SOUTH 29 degrees 00 minutes 23 seconds WEST 25.00 feet to a 5/8 inch iron rod; THENCE, along said common boundary line of said Lot 10 and Lot 11, Section 48, SOUTH 29 degrees 00 minutes 23 seconds WEST 688.36 feet to a 5/8 inch iron rod set for the South corner of this tract, same lying in the Northeast boundary line of a 50 foot City of Corpus Christi drainage easement running through said Lots 11 and 10, Section 48; THENCE, along said Northeast boundary line of the 50 foot City of Corpus Christi drainage easement, NORTH 60 degrees 55 minutes 00 seconds WEST 628.01 feet to a 5/8 inch iron rod set for the West corner of this tract; THENCE, along the Northwest boundary line of this tract, NORTH 28 degrees 51 minutes 46 seconds EAST 567.19 feet to a 5/8 inch iron rod; THENCE, NORTH 28 degrees 51 minutes 46 seconds EAST 13.88 feet to a point for the Northwest corner of this tract; THENCE, NORTH 78 degrees 32 minutes 14 seconds EAST 205.26 feet to the point of beginning and containing 10.536 acres of land. EXHIBIT A STATE OF TEXAS COUNTY OF NUECES Tract 2 0.552 ACRES ALL that certain tract or parcel of land situated in Nueces County, Texas, same lying within the Corporate City Limits of Corpus Christi, Texas, same being out of Lots 7 and 10, Section 48 of the Flour Bluff an Encinal Farm and Garden Tracts as recorded in Volume A, Pages 41 to 43 of the Map Records of Nueces County, Texas, and being more particularly described by metes and bounds as follows, to wit: BEGINNING at a 5/8 inch iron rod in the North corner of said Lot 10, Section 48, same being the common corner with Lots 11, 6 and 7 of said Section 48; THENCE, along said common boundary line of said Lot 6 and Lot 7, NORTH 29 degrees 00 minutes 23 seconds EAST 40.00 feet to a point for the Northwest corner of this tract, same lying in the Southwest right-of-way margin of Compton Boulevard; THENCE, along said Southwest right-of-way margin of Compton Boulevard, SOUTH 61 degrees 10 minutes 05 seconds EAST 663.05 feet to a point for the East corner of this tract; THENCE, along the Southwest boundary line of this tract, SOUTH 29 degrees 00 minute 00 seconds WEST 40.00 feet to a 5/8 inch iron rod found for the Southeast corner of this tract, same being the East corner of said Lot 10; THENCE, along the Northeast boundary line of said Lot 10, NORTH 61 degrees 10 minutes 05 seconds WEST 642.95 feet to a 5/8 inch iron rod found for an interior corner of this tract; THENCE, SOUTH 28 degrees 49 minutes 55 seconds WEST 25.00 feet to a 5/8 inch iron rod found for a Southwest corner of this tract; THENCE, NORTH 60 degrees 39 minutes 05 seconds WEST 20.18 feet to a point for the Southwest corner of this tract, same lying in the common boundary line of said Lots 10 and 11; THENCE, along said common boundary line of Lots 10 and 11, NORTH 29 degrees 00 minutes 23 seconds EAST 24.81 feet to the point of beginning and containing 27,024.5 square feet or 0.552 acres of land. EXHIBIT B (1333 OE) H0110 3DVNIV C Site Plan for CCSemloh Partnership, Ltd. COMPTON ROAD Property Line Property Line Property Line 0 -foot Buffer Yard i Wood Fence Chain link security fence Vehicle Sthcking Area (80' deep with turnaround) Acess Gate \\\ Existing Pipeline Parking Area a. a. a. a. a. a. a. a. a. a. a. a. a. Masonry Fence Existing Pipeline r DRAINAGE DITCH (50 FEET) Property Line Property Line Property Line Existing CG -2 Area (Owned by same Owner) Notes 1. Buildings range trom 35 teet wide to 90 teet wide. 2. Butter Yards along drainage ditches are 10-teet wide with a 6 -foot masonry wall fence or building wall. 3. Butter yard tence along Compton will be 6 -toot solid wood. 4. All other tences will be chain link. 5. Office will be located at north end of building at entrance. 6. Entry will be secured with 80 -toot stacking area. Property Line 10 -foot buffer yard between masonry wall and property line. Exhibit C NAS SUBJECT PROPERTY Del Oso GaYo \Q°' M,es LOCATION MAP �r�wr City of Corpus Christi CASE: 0616-05 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multlfamlly 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 R5-8 Single -Family 6 RS -4.5 Single -Family 4.6 RS -TF 1Wo-Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home EXHIBIT D Ordinance amending the Unified Development Code ("UDC"), upon application by CCSemloh Partnership, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to 10.536 acres out of Lots 6 and 11, Section 48, Flour Bluff and Encinal Farm and Garden Tracts (Tract 1) and in reference to 0.552 acres out of Lots 7 and 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts (Tract 2) from the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District, amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of CCSemloh Partership, Ltd. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 29, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning from the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District and, in lieu thereof, approval of a "RE/SP" Residential Estate District with a Special Permit for a boat and recreational vehicle storage facility on Tract 1 and approval of the rezoning from the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District on Tract 2; and on Tuesday, July 26, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application by CCSemloh Partership, Ltd. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the UDC Zoning Map in reference to 10.536 acres out of Lots 6 and 11, Section 48, Flour Bluff and Encinal Farm and Garden Tracts (Tract 1) and in reference to 0.552 acres out of Lots 7 and 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts (Tract 2) from the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District (Zoning Map No. 035032), as shown in Exhibits "A," "B," "C," and "D." Exhibit A, which is a metes and bounds description of Tract 1, Exhibit B, which is a metes and bounds description of Tract 2, Exhibit C, which is a site plan of Tracts 1 and 2, and Exhibit D, which is a map of Tracts 1 and 2, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The City's Future Land Use Map, an element of the Comprehensive Plan, is amended to designate Tract 1 of the Property for commercial land uses. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. The City's Future Land Use Map, an element of the Comprehensive Plan, is amended to designate Tract 1 of the Property for commercial land uses. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. @BCL@EC05E1 CO Page 2 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor @BCL@EC05E1 CO Page 3 of 3 PLANNING COMMISSION FINAL REPORT Case No. 0616-05 HTE No. 16-10000015 Planning Commission Hearing Date: June 29, 2016 Applicant & Legal Description Applicant/Owner: CCSemloh Partnership, Ltd. Representative: John Bell Legal Description/Location: Tract 1: Being 10.536 acres out of Lots 6 and 11, Section 48, Flour Bluff and Encinal Farm and Garden Tracts and Tract 2: Being 0.552 acres out of Lots 7 and 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Compton Road approximately 1,250 feet west of Waldron Road. Zoning Request From: "RE" Residential Estate District and "CG -1" General Commercial District To: "CG -2" General Commercial District Area: 11.088 acres Purpose of Request: To allow construction of an enclosed boat and recreational vehicle storage facility and other storage units on Tract 1 and general commercial uses on Tract 2. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RE" Residential Estate Vacant Estate Residential North "CG -1" General Commercial and "CG- 1/SP" General Commercial with a Special Permit Public/Semi-Public, Commercial and Vacant Public/Semi-Public and Commercial South "RE" Residential Estate Vacant Drainage Ditch and Estate Residential East "CG -2" General Commercial Vacant Commercial West "RE" Residential Estate Vacant and Drainage Ditch Estate Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for estate residential. The proposed rezoning to the "CG -2" General Commercial District is not consistent with the adopted Future Land Use Map or the Flour Bluff Area Development Plan but does further policies of the Comprehensive Plan pertaining to infill development. Map No.: 035032 Zoning Violations: None Planning Commission Final Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 700 feet of street frontage along Compton Road, which the Urban Transportation Plan designates as a "01" Minor Residential Collector street. The maximum desirable average daily trips (ADT) for a designated "01" is 1,000 to 3,000 daily trips. The subject property is located on the south side of Compton Road approximately 1,250 feet west of Waldron Road, which is designated as an "A2" Secondary Arterial Divided street, with a maximum ADT of 20,000 to 32,000 daily trips. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) Compton Road "01" Minor Residential Collector 60' ROW 40' paved 55' & 80' ROW 20' & 65' paved N/A Waldron Road "A2" Secondary Arterial Divided 100' ROW 54' paved 115' ROW 65' paved 15,938 Staff Summary: Requested Zoning: The applicant is requesting a rezoning from "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District to allow construction of an enclosed boat and recreational vehicle (RV) storage facility and other storage units on Tract 1. The proposed development on Tract 2 is unknown at this time. Tract 2 is a narrow remnant strip of land and the applicant is requesting the rezoning of Tract 2 so that it matches the zoning of his adjacent property to the south. Development Plan: The owner is proposing to develop Tract 1 with multiple structures to be used for the storage of boats and RVs. As shown on the attached site plan, the development will consist of six storage buildings that vary in size. A larger street yard setback of 50 feet is proposed along the northwest corner of the property abutting Compton Road and the required yard of 20 feet is shown along the remainder of the Compton Road frontage. A Type C buffer, which consists of a 15 -foot wide buffer yard and 15 buffer points, would be required along the south and west property boundaries. The property owner is proposing to position buildings 10 feet from the property line, along the south and west property lines in a manner that would allow the rear wall of the buildings to serve as a screen wall when placed in conjunction with a six foot masonry fence where no building wall exists. Per the Unified Development Code (UDC), no purging of inboard or outboard boat engines would be permitted at the site. Existing Land Uses & Zoning: The subject property is vacant and zoned "RE" Residential Estate District. North of the subject property, across Compton Road, is Planning Commission Final Report Page 3 zoned "CG -2" General Commercial and consists of "Gulf Coast Marine", owned by the applicant, and Nueces County offices. Also to the north in the "CG-1/SP" General Commercial District with a Special Permit is "Bruno's Bath House Dog Spaw and Resort". The property to the south and west is zoned "RE" Residential Estate and to the east is zoned "CG -2" General Commercial, all of which are vacant. Bordering the west and south boundaries of the subject property are drainage ditches. Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is within the boundaries of the Flour Bluff ADP and the proposed rezoning is not consistent with the adopted Future Land Use Plan, which slates the property for estate residential uses, however, the rezoning may further other policies of the Comprehensive Plan. Policies that warrant consideration in reviewing this rezoning include the following: 1. Expansion of commercial uses into or within residential areas may be permitted only if such expansion maintains or improves the residential desirability of the impacted neighborhoods (Commercial Policy Statement D). 2. Infill development should be encouraged on vacant tracts within developed areas (Comprehensive Plan Residential Policy Statement H) 3. Incompatible industrial and commercial land uses should not abut residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e., provision of open space, landscaping, screening fences, etc. (Corpus Christi Policy Statements, Land Use, Residential Policy Statement I) 4. Commercial uses adjacent to existing or proposed residential areas should be buffered or use sensitive in design. (Corpus Christi Policy Statements, Land Use, Residential Policy Statement C.) AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is not platted. Transportation: In April of 2016, the City Council voted to amend the Urban Transportation Plan Map of Mobility CC and deleted the extension of First National Boulevard (planned to extend from Compton Boulevard south through the subject property) pursuant to a recommendation from Development Services Department and the Transportation Advisory Commission (TAC). The plan amendment was requested by Gulf Coast Marine. Specifically, Gulf Coast Marine contended the particular segment of First National Boulevard was not required to preserve orderly traffic flow in the area and that elimination of the segment would not create an adverse impact on traffic. Gulf Coast Marine contracted Maldonado -Burkett Intelligent Transportation Systems, LLP (MBITS) to conduct a Traffic Impact Analysis (TIA) to support their request. Trip generation data concluded that the proposed boat storage is expected to generate six (6) AM and ten (10) PM peak hour trips. The City of Corpus Christi's Unified Development Code requires new and existing intersections to function at a Level of Service (LOS) of "D" or better. Findings of the TIA were that intersections analyzed were functioning at a LOS D or better except for the stop - controlled intersections on Graham Road at Flour Bluff Drive and on Graham Road at Planning Commission Final Report Page 4 Waldron Road. Both intersections currently function at a LOS E and are projected to remain at a LOS E. Based on the TIA, the TAC recommended safety improvements in the area that the developer of the boat and RV storage will need to complete pursuant to approved public improvement construction plans. Specifically, Gulf Coast Marine will be required to install safety enhancements which affect the safety of motorists entering and existing the boat storage facility along Compton Road. Safety improvements recommended for installation include but are not limited to striping and signage installations along Compton Road and First National Boulevard and modifications to the median along Compton Road. Department Comments: • The applicant applied for this rezoning in March 2014, and the Planning Commission recommended denial of the rezoning. Additionally, an adjacent residential property owner was opposed to the boat and RV storage facility as proposed at that time. • After withdrawing his application, the applicant rezoned his land farther to the east to the "CG -2" General Commercial District to allow the boat and RV storage use. • The current requested rezoning to the "CG -2" General Commercial District is not consistent with the Comprehensive Plan or the Future Land Use Plan's designation of the property for estate residential uses. • The proposed rezoning to "CG -2" General Commercial may negatively impact the adjacent properties' future development of estate residential uses. • A "CG -2" General Commercial District would allow for uses such as vehicle sales and service and bars and night clubs which would not be compatible with the adjacent residentially zoned properties. • Staff finds the proposed use with special provisions for buffering, increased setbacks, and other compatibility features to be compatible with the current zoning and development patterns of the abutting properties to the north and east. Staff further finds that, due to low traffic counts and generally limited activity associated with such storage use, the proposed use may be compatible with properties to the west and southwest provided certain development conditions are imposed to mitigate impacts of the development. • Development conditions for a boat and RV storage facility can be applied via a Special Permit. • Special Permit conditions coupled with standard UDC requirements for nonresidential developments adjacent to residential development will ensure that development is compatible with existing and future residential development. Planning Commission Final Report Page 5 Planning Commission and Staff Recommendation: Tract 1: Denial of the change of zoning from the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District, and in lieu thereof, approval of a "RE/SP" Residential Estate District with a Special Permit for a boat and recreational vehicle storage facility subject to compliance with the setbacks and buffering elements identified in the attached site plan and the following conditions: 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is a gated, self-service storage facility for fully - enclosed boat and recreational vehicle storage. 2. Minimum Yards: The street yard setback along the northwest corner of the property abutting Compton Road shall be a minimum of 50 feet. The street yard setback along the remainder of Compton Road frontage shall be a minimum of 20 feet. 3. Buffer Yards: A 50 -foot wide buffer yard (coterminous with the street yard) and a six-foot solid wood screening fence shall be installed, maintained and remain in place on that portion of the northwest corner of the property abutting Compton Road. A 15 -foot wide buffer yard and 15 buffer points shall be installed, maintained, and remain in place along any side of the property abutting a residential zoning district; except that, for any area abutting a drainage ditch with a minimum of 30 feet of right-of-way the buffer yard may be comprised of a continuous masonry wall at least six feet in height, which may be comprised of a combination of the rear wall of a building and a masonry wall, set back a minimum of 10 feet from the property line. 4. Landscaping: Seventy percent of the required landscaping shall be installed, maintained, and remain in place on that portion of the northwest corner of the property abutting Compton Road where the site plan indicates a 50 -foot buffer yard. 5. Architectural Elements: Buildings constructed along the west and south property lines abutting residential zoning districts shall incorporate masonry -type elements, such as but not limited to wainscoting. 6. Lighting: All lighting shall be shielded and pole lights shall be of the full cut-off type. Freestanding pole lights are not allowed within 50 feet of a property line abutting residential zoning districts. 7. Signage: One freestanding sign shall be allowed. The freestanding sign must be a monument sign, which shall not exceed eight feet in height and 50 square feet in area. One wall sign shall be permitted not to exceed 60 square feet. The wall sign shall face Compton Road. 8. Vehicle Stacking: A minimum of four off-street vehicle stacking spaces designed in accordance with all standards of the UDC for gated parking areas shall be provided between the public right-of-way and the front access gate of the storage facility. 9. Storage Space: The maximum allowable storage space for a boat or recreational vehicle storage unit shall not exceed 500 square feet in accordance with the UDC. Boat and recreational vehicle storage shall be limited to one floor in height. 10.On-site Operations: No cleaning, purging, or maintenance of marine engines shall be permitted. The repair of boats and recreational vehicles shall be prohibited. Planning Commission Final Report Page 6 11.Traffic Improvements: The Owner shall construct or install traffic improvements identified in the Traffic Impact Analysis submitted to the Transportation Advisory Commission for the removal of First National Boulevard from the Urban Transportation Plan. 12.Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable requirements of the UDC, Building and Fire Code. 13.Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Tract 2: Approval of the rezoning from the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District. Vote Results: For: 8 Opposed: 0 Absent: 1 Public Notification Number of Notices Mailed — 22 within 200 -foot notification area 1 outside notification area As of July 1, 2016: In Favor — 3 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan 3. Application 4. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES \2016\0616-05 CCSemloh Partnership, Ltd\Council Documents\CC ZONING REPORT_w changes.docx NAS SUBJECT PROPERTY Cayo Del Oso yv� NO44 11/4" v `Fq LOCATION MAP YIN City of Corpus Christi CASE: 0616-05 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on V Owners attached ownership table A in opposition (1333 OE) H0110 3DVNIV C Site Plan for CCSemloh Partnership, Ltd. COMPTON ROAD Property Line Property Line Property Line 0 -foot Buffer Yard i Wood Fence Chain link security fence Vehicle Sthcking Area (80' deep with turnaround) Acess Gate \\\ Existing Pipeline Parking Area a. a. a. a. a. a. a. a. a. a. a. a. a. Masonry Fence Existing Pipeline r DRAINAGE DITCH (50 FEET) Property Line Property Line Property Line Existing CG -2 Area (Owned by same Owner) Notes 1. Buildings range trom 35 teet wide to 90 teet wide. 2. Butter Yards along drainage ditches are 10-teet wide with a 6 -foot masonry wall fence or building wall. 3. Butter yard tence along Compton will be 6 -toot solid wood. 4. All other tences will be chain link. 5. Office will be located at north end of building at entrance. 6. Entry will be secured with 80 -toot stacking area. Property Line 10 -foot buffer yard between masonry wall and property line. „,mo,,, Cy,�, 4r�` r --... ;'`-- Y ; , 7asz Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION i .: mt ,' ,, V .,, r=' ?' .. Case No.: 0615-05 Map No.: 035032 PC Hearing Date: June 29, 2016 Proj.Mgr: Dolores Wand Hearing Location: City Hall, Council Chambers, 1201 Leopard Street Hearing Time: 5:30 o.m: . A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. • INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant CCSemloh Partnership, Ltd. Contact Person : John Bell Mailing Address. c/o 615 N. Upper Broadway, Suite 1100 City: Corpus Christi E-mailCell: State: TX ZIP: Phone Phone 3( 61 1888-9201 ( 361 ) 877-8393 2. Property owner(s). CCSemioh Partnership, Ltd. Contact Person : Billy Holmes Mailing Address: P. O. Box 18328 City. Corpus Christi State: TX ZiP:78480 Phone: (361 ) 937-7800 ext 12 E-mai Celt ( ) 3. Subject Property Address. n/a Area of Request (SFlacres) 10.67 acres Current Zoning & Use RE - vacant Proposed Zoning & Use: CG -2 12 -Digit Nueces CauntyTax ID: 2476 _- 0048 __ 1000 _ (see attached additional acct) Subdivision Name FB Encinal Farm & Garden Tracts Block: 48 Lot(s): 10 & 11 Legal Description if not platted: also parts of Lot B-4 and C, Laguna Business Center) 4. Submittal Requirements' ❑■ Early Assistance Meeting. ID Land Use Statement IF APPLICABLE [Er Peak Hour Trip Form (if request !'Metes & Bounds Description with E'Appointment of Agent Form if Date Held 2-3-2016 ; with City Staff Dolores Wood ❑ Disclosure of Interest 0 Copy of Warranty Deed is inconsistent with Future Land Use Plan) 0 Site Plan for PUD or Special Permit exhibit if property includes un -platted land (sealed by RPLS) ❑ Lien Holder Authorization landowner is not signing this form I certify th I hay vided th o Corpu Christi with a complete application for r:. ip tha - m auth o in' ate this rezoning or half he Property Owner(s); and the info • . � 'n provers accu ie. Owner or Agents Sig(iature Applicant's Signature 13;!Ir HvIw►rS it1(, W Imes Owner or Agent' Printed Name Applicant's Printed Name Office Use Only Date Received: ' ” UI - I (0ReceivedBy: 7 ice ADP: FB Rezoning Fee: Y( t/� 7 .� + PUD Fee + Sign Fee , ? OC) = Total Fee f / 941‹.2150 No. Signs Required 1,, § $101sign Sign Posting Date: K1DEVELOPMENTSVCS'SHARED\LAND DEVELOPIIENPA LICA -ICN FORDS REZC:NINia12JN NG APPLICATION 2015. DOC Farm Revised 511212015 ATTACHMENT TO REZONING APPLICATION APPICANT: CCSemloh Partnership, Ltd. Additional Tax Accounts of Property: 4105-0005-0000 Laguna Business Center, Block C (portion) 4105-0004-0002 Laguna Business Center, Block B-4 (portion) LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed buildings)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. The property currently is vacant. The intended use of the property is for enclosed boat, RV and other storage units within a secured area. All accommodations will be made to properly screen the property from the adjacent residential uses. The facility will be served by a single driveway on Compton Road. As provided in the Code, development of the property will include a buffer yard and lighting shall be shielded to eliminate any intrusion into any nearby residential areas. 2. Identify the existing land uses adjoining the area of request: North CG -1 South - RE East - CG -2 West - RE CSUSERSSTANYAR,0001DESKTOP4OAJLY USEANNIKALAND USE STATEMENT FOR ZONING.DOC APPOINTMENT OF AGENT As owner of the subject property, I hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: John D. Bell Mailing Address: cio 615 N. Upper Broadway, Suite 1100 City: Corpus Christi State: TX Zip: 78401 Home Phone: ( 361 949-7178 Business Phone: ( 361 ) 888-9201 Cell: ( 361 )877-8393 I acknowledge and affirm that I will be legally bound by the words and acts of my agent, and by my signature below, I fully authorize my agent to: Be the point of contact between myself and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on my behalf; grant legally binding waivers of rights and releases of liabilities of every kind on my behalf; consent to legally binding modifications; conditions, and exceptions on my behalf; and, to execute documents on my behalf which are legally binding on me. I understand that the City of Corpus Christi will deal only with a fully authorized agent. At any time it should appear that my agent has less than full authority to act, then the application may be suspended and I will have to personally participate in the disposition of the application. I understand that all communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, I agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising from this matter. If my property is owned by a corporation, partnership, venture, or other legal entity, then I certify that I have the Iegal authority to make this binding appointment on behalf of the entity, and every reference herein to "I", "my", or "me" is ref =�_ . the entity. *Signature of Agent: Title: Attorney Printed/Typed Name of Ag t• D. Bell Date: Z " Y John *Signature of Property Owner: Title: Partner Printed/Typed Name of Property Owner _Billy Holmes Date:S i . _»i6 *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *App`ication must be signed by t:,e individual applicant, each partner of a partnership, or by an authorized officer of a corporation or association. D.W. Brown APPOINTNMENT OF AGENT2-19-09.doc DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: CCSemloh Partnership, Ltd. STREET: PO Box 18328 CITY: Corpus Christi yip: 78480 FIRM is:OCorporation @Partnership ()Sole Owner @Association @Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3° or more of the ownership in the above named "firm". Name 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 31/4 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 31/4 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 31/4 or more of the ownership in the above named "firm". Name Consultant none CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested. and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Billy Holmes (Print Name) Signature of Certifying Person: Title: Partner Date: 1 K SDEVELOPMENTSVCSISHAREDLAND OEVELOPMENPAPPUCATION FORmsARE2ONINGOISCLOSURE OF INTERESTS STATEMENT 5.12.2015.000 1 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incaoacidades, aue tienen la intenci6n de asistir a esta junta v aue reauieren servicios esoeciales, se les suolica aue den aviso 48 horas antes de la junta Ilamando al deoartamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la iunta v su inales es limitado, favor de hamar al deoartamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar I un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0616-05 ry 3 Z016 j DEVE=L( � E.FiVIw,E.S 1 hha CCSemloh Partnership, Ltd. has petitioned the City of Corpus Christi to consider a Cng oning-fr s ' RE�' Residential Estate District and "CG -1" General Commercial District to the "CG -2" (eriei=aFCommercial District. The applicant proposes to construct an enclosed boat and recreational vehicle storage facility and other storage units on Tract 1. The proposed development on Tract 2 is unknown at this time. The subject property is located on the south side of Compton Road approximately 1,250 west of Waldron Road at the intersection of First National Boulevard. The property to be rezoned is described as: Tract 1: Being 10.536 acres out of Lots 6 and 11, Section 48, Flour Bluff and Encinal Farm and Garden Tracts. Tract 2: Being 0.552 acres out of Lots 7 and 10, Section 48 of the Flour Bluff an Encinal Farm and Garden Tracts. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, June 29, 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: 13c4 V C( trcit Ho Address: Dd !!t c-] City/State: C C- T () IN FAVOR ( ) IN OPPOSITION Phone: i ' g13-337 REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 22 HTE# 16-10000015 /43C6,0/ - Signature -Signature Case No. 0616-05 Project Manager: Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, due tienen la intencion de asistir a este junta y que requieren servicios especiales,_se lessuplica clue den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo, al ntimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la iunta v su irides es limitedo. favor de (lamer al de.artamento de servicios de desarrollo al ntimero 361 826-3240 al menos 48 horas antes de la junta para solicit r un interprete ser presente durante la junta. rP ■Ti1 CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0616-05 JUN 2 3 2016 DEVELC4�MEIJT SERVICES SPECIAL. SERA CCSemloh Partnership, Ltd. has petitioned the City of Corpus Christi to consider a ch aorct�iingTrom the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District. The applicant proposes to construct an enclosed boat and recreational vehicle storage facility and other storage units on Tract 1. The proposed development on Tract 2 is unknown at this time. The subject property is located on the south side of Compton Road approximately 1,250 west of Waldron Road at the intersection of First National Boulevard. The property to be rezoned is described as: Tract 1: Being 10.536 acres out of Lots 6 and 11, Section 48, Flour Bluff and Encinal Farm and Garden Tracts. Tract 2: Being 0.552 acres out of Lots 7 and 10, Section 48 of the Flour Bluff an Encinal Farm and Garden Tracts. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday. June 29, 2016., during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: to accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: B( 1 ly Address: 10 1 1 , c.A✓-t ic.‘,-4144/, City/State: CL ) IN OPPOSITION Phone:, 5f S, - - SO REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 12 HTE# 16-10000015 Case No. 0616-05 Project Manager: Dolores Wood I Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, nue tienen la intencion de asistir a esta junta v que requieren servicios especiales, se les suolica que den aviso 48 horas antes de la junta liamando al departamento de servicios de desarrollo, al Humero (361) 826-3240. if you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta v su ingles es limitado, favor de llamas aL departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 hors s de la junta para s un interprets ser oresente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0616-05 JUN 27 201ii DEVELOPMENT SERVLLES SPECIAL SERVILES CCSemloh Partnership, Ltd. has petitioned the City of Corpus Christi to consider a change of zoning from the "RE" Residential Estate District and "CG -1" General Commercial District to the "CG -2" General Commercial District. The applicant proposes to construct an enclosed boat and recreational vehicle storage facility and other storage units on Tract 1. The proposed development on Tract 2 is unknown at this time. The subject property is located on the south side of Compton Road approximately 1,250 west of Waldron Road at the intersection of First National Boulevard. The property to be rezoned is described as: Tract 1: Being 10.536 acres out of Lots 6 and 11, Section 48, Flour Bluff and Encinal Farm and Garden Tracts. Tract 2: Being 0.552 acres out of Lots 7 and 10, Section 48 of the Flour Bluff an Encinal Farm and Garden Tracts. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan,. will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, June 29, 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: VI 11, \ .H r t 1 'j" IV") J� 1 fitT Address: 1 1 1 I- V s t ! J lt1 UL�t 'City/State: C-‘ 1 } IN FAVOR ( ) IN OPPOSITION Phone: 3 - )3-3/10S REASON: SEE MAP ON REVERSE)51DE Properly Owner ID: 5 HTE# 16-10000015 4/4 --ft /71„ei,„ Signature Case No 0616-05 Project Manager: Dolores Wood Aerial Overview Aerial AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of July 26, 2016 Second Reading for the City Council Meeting of August 9, 2016 DATE: July 5, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 1322 Rhew Road CAPTION: Case No. 0616-06 Isaias Franco: A change of zoning from the "R -MH" Manufactured Home District to the "IL/SP" Light Industrial District with a Special Permit on Tract 1 for a concrete batching plant and to the "IL" Light Industrial District on Tract 2. Tract 1 is described as a 4.00 -acre tract and Tract 2 is described as a 25.003 -acre tract, both tracts being out of the Anthony C. Page Survey 591, Abstract 1010 and the A.M. French Survey 312, Abstract 1018. The subject property is located on the east side of Rhew Road between Leopard Street and Sedwick Road. PURPOSE: The purpose of this item is to rezone the property to allow construction of a temporary concrete batch plant on Tract 1 and future light industrial uses on Tract 2. RECOMMENDATION: Tract 1: Approval of the "IL/SP" Light Industrial District with a Special Permit subject to the following conditions: 1. Uses: The only use permitted under this Special Permit, other than those allowed by right in the "IL" Industrial District, is a concrete batch plant consisting of portable equipment and storage of materials and equipment necessary to conduct operations. The concrete batch plant shall not produce more than 600 cubic yards of concrete per day. 2. Dust: Dust control shall be in accordance with all City, State, and Federal requirements and specifications. Dust shall be controlled at both the operation of the batch plant and at the stockpile so that it does not drift across the approach to/from airport runways as indicated in the Airport Hazard Map attached. 3. Lighting: All light shall be directed downward and shielded. Lighting shall not be directed toward any of the airport approach/departure paths or towards the control tower. 4. Access: Vehicular access shall be allowed in accordance with the UDC. 5. Screening and Buffering: Screening and buffering shall be required in accordance with the UDC. 6. Noise: The applicant shall comply with the City's Noise Ordinance. 7. Hours of Operation: Operations of the concrete batch plant are limited between 6:00 A.M. and 6:00 P.M. 8. Other Requirements: The Special Permit conditions do not preclude compliance with all applicable UDC, Building Code, and State and/or Federal requirements. 9. Time Limit: Applicable permits shall be applied for within one year of approval of the Special Permit or the Special Permit shall expire in accordance with the UDC. Discontinuance of the use for a period of six (6) months shall cause the Special Permit to expire. The Special Permit shall expire in five years unless a time extension is approved by the City Council. Tract 2: Approval of the "IL" Light Industrial District. Vote Results: For: 8 Opposed: 0 Abstained: 0 Absent: 1 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning to allow construction of a temporary concrete batch plant on Tract 1 and future light industrial uses on Tract 2. The subject property is located within the boundaries of the Port/Airport/Violet Area Development Plan. The proposed rezoning to the "IL/SP" Light Industrial District with a Special Permit for a temporary concrete batch plant and the "IL" Light Industrial District is consistent with the Port/Airport/Violet Area Development Plan and the adopted Future Land Use Map's designation of the property as light industrial. UDC Section 5.1.5.E. Heavy Industrial Uses classifies concrete batch plants as a heavy industrial use, and Table 4.6.2 Permitted Uses (Industrial districts) permits Heavy Industrial Uses in the "IL" Light Industrial District with a Special Permit. Allowing the proposed heavy industrial use by Special Permit is appropriate at this location given the industrial zoning and uses of the surrounding area and the planned industrial uses in the Future Land Use Map. The application is consistent with the Special Permit review criteria set forth in the Unified Development Code Section 3.6.3 B. Permits from The Texas Commission on Environmental Quality (TCEQ) will ensure operations are conducted in an environmentally sound manner. Airport operations are protected through the Special Permit conditions on time limit, dust, and lighting. The use of the land permitted through a Special Permit can be subject to a time limit to allow future review of the use and to ensure its compatibility with the neighborhood. The applicant is in agreement with the Staff and Planning Commission recommendation. ALTERNATIVES: 1. Deny the request. 2. Modify the Special Permit Conditions OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Port/Airport/Violet Area Development Plan (ADP). The proposed rezoning is consistent with the Port/Airport/Violet ADP and the adopted Future Land Use Map's designation of the property as light industrial uses. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Isaias Franco ("Owner"), by changing the UDC Zoning Map in reference to Tract 1, described as a 4.00 -acre tract, to the "IL/SP" Light Industrial District with a Special Permit for a concrete batching plant, and in reference to Tract 2, described as a 25.003 -acre tract, to the "IL" Light Industrial District, both tracts being out of the Anthony C. Page Survey 591, Abstract 1010 and the A.M. French Survey 312, Abstract 1018; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Isaias Franco ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 29, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "R -MH" Manufactured Home District to the "IL/SP" Light Industrial District with a Special Permit for a concrete batching plant on Tract 1 and to the "IL" Light Industrial District on Tract 2; and on Tuesday, July 26, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application by Isaias Franco ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the UDC Zoning Map in reference to Tract 1, described as a 4.00 -acre tract, to the "IL/SP" Light Industrial District with a Special Permit for a concrete batching plant, and in reference to Tract 2, described as a 25.003 -acre tract, to the "IL" Light Industrial District, both tracts being out of the Anthony C. Page Survey 591, Abstract 1010 and the A.M. French Survey 312, Abstract 1018 (Zoning Map No. 056045), as shown in Exhibits "A", "B", "C", and "D". Exhibit A, which is a metes and bounds description of Tract 1, Exhibit B, which is a metes and bounds description of Tract 2, Exhibit C, which is a map of Tracts 1 and 2, and Exhibit D, which is a site plan of Tract 1, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner complying with the following conditions: Page 1 of 3 1. Uses: The only use permitted under this Special Permit, other than those allowed by right in the "IL" Industrial District, is a concrete batch plant consisting of portable equipment and storage of materials and equipment necessary to conduct operations. The concrete batch plant shall not produce more than 600 cubic yards of concrete per day. 2. Dust: Dust control shall be in accordance with all City, State, and Federal requirements and specifications. Dust shall be controlled at both the operation of the batch plant and at the stockpile so that it does not drift across the approach to/from airport runways as indicated in the Airport Hazard Map attached. 3. Lighting: All light shall be directed downward and shielded. Lighting shall not be directed toward any of the airport approach/departure paths or towards the control tower. 4. Access: Vehicular access shall be allowed in accordance with the UDC. 5. Screening and Buffering: Screening and buffering shall be required in accordance with the UDC. 6. Noise: The applicant shall comply with the City's Noise Ordinance. 7. Hours of Operation: Operations of the concrete batch plant are limited between 6:00 A.M. and 6:00 P.M. 8. Other Requirements: The Special Permit conditions do not preclude compliance with all applicable UDC, Building Code, and State and/or Federal requirements. 9. Time Limit: Applicable permits shall be applied for within one year of approval of the Special Permit or the Special Permit shall expire in accordance with the UDC. Discontinuance of the use for a period of six (6) months shall cause the Special Permit to expire. The Special Permit shall expire in five years unless a time extension is approved by the City Council. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. The change of zoning does not result in an amendment to the Future Land Use Map, an element of the Comprehensive Plan. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. Page 2 of 3 SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES \2016\0616-06 Isaias Franco\Council Documents\Ordinance_SP-Isaias Franco.docx Page 3 of 3 STATE OF TEXAS COUNTY OF NUECES Tract 1 Field Notes of a 4.000 acre tract being out of the 24.62 acre Kirchberg tract as described in a deed recorded in Document No. 900502, Deed Records Nueces County, Texas. Said 4.000 acre tract also being out of the Anthony C. Page Survey 591, Abstract 1010 and the A.M. French Survey 312, Abstract 1018. Said 4.000 acre tract being more particularly described as follows: COMMENCING at a found 5/8" iron rod in the east right of way of Rhew Road, for the southwest corner of Lot 18, Rhew Industria! Tracts Unit 1, Volume 67, Page 174, Map Records Nueces County, Texas, in the common line of said Lot 18 and the 80 foot detention basin as described in a deed recorded in Document No. 2008030157, Deed Records Nueces County, Texas, from WHENCE a found 5/8" iron rod in the east right of way of Rhew Road, for the northwest corner of Lot 1, and for the southwest corner of the Geo Worthley tract as described in a deed recorded in Volume 2261, Page 651, Deed Records Nueces County, Texas, bears North 01°27'16" West, a distance of 2,084.26 feet. THENCE South 88°32'44" West, a distance of 5.00 feet to a point in the east right of way of Rhew Road, and for the lower northwest corner of said 80 foot detention basin. THENCE with the east right of way Rhew Road, South 01°27'16" East, a distance of 130.00 feet to the southwest comer of the Isaias FrancoTract 11 being 15.85 acres as described in a deed recorded in Document No. 20I3050881, Deed Records Nueces County, Texas, for the northwest corner of this survey, and for the POINT OF BEGINNING. THENCE with the south line of said Isaias FrancoTract 11, North 88°32'44" East, at a distance of 5.00 feet pass a found 5/8" iron rod as an offset in the south line of said Isaias Franco Tract 11, and in all a total distance of 460.00 feet to a set 5/8" iron rod in the south Iine of said Tract II and for the northeast corner of this survey. THENCE South 01°27'16" East, a distance of 378.78 feet to a set 5/8" iron rod for the southeast corner of this survey. THENCE South 88°32'44" West, a distance of 460.00 feet to a set 5/8" iron rod in the east right of way of Rhew Road, and for the southwest corner of this survey. THENCE with the east right of way of Rhew Road, North 01°27'16" West, a distance of 378.78 feet to the POINT OF BEGINNING, and containing 4.000 acres of land, more or less. Notes: I.) Bearings are based on Global Positioning System NAD 83 (93) 4205 Datum. 2.) A Map of equal date accompanies this Metes and Bounds description. 3.) Set 5/8" iron rod = iron rod set with yellow plastic cap Labeled Brister Surveying. I, Ronald E. Brister do hereby certify that this survey of the property legally described herein was made on the ground this day December 4, 2015 and is correct to the best of my knowledge and belief. anaa2e.xliabr.. Ronald E. Brister, RPLS No. 5407 Date: December 9, 2015. Job No. 151950 Exhibit A Tract 2 Field Note Description 25.003 Acre Tract Being a tract situated in Nueces County, Texas, portions of the Anthony C. Page Survey 591, Abstract 1010 and the A.M French Survey 312, Abstract 1018 and being a portion of that 150 acre tract conveyed to J.B Hunter by R.L. Schoaf as described in the deed dated April 18, 1902 and recorded in Volume 9, Page 255, Deed Records of Nueces County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a cotton spindle set in the centerline of Rhew Road, in the east line of a 69.265 acre tract surveyed by Brister Surveying on January 6, 2014, for the northwest corner of the Bell Property Management, LTD 30 acre tract as described in a deed recorded in Document No. 2010036147, Deed Records Nueces County, Texas, and for the southwest corner of this survey, from WHENCE a 60d nail found in the intersection of Rhew Road and Sedwick Road bears South 01° 27' 30" East, a distance of 994.21 feet; THENCE with the centerline of Rhew Road, North 01° 27' 30" West, a distance of 538.70 feet to a point in the east line of said 69.265 acre tract and for the northwest corner of this survey; THENCE North 88° 32' 44" East, a distance of 460.00 feet, at a distance of 30 feet past a 5/8" iron rod found in the east line of Rhew Road to the interior northwest corner of this survey; THENCE North 01° 27' 16" West 378.78 feet to the northwest corner of this survey; THENCE North 88° 33' 56" East, a distance of 904.23 feet to a 5/8" iron rod found in the west line of the Isaac Franco 20 acre tract as described is a deed recorded in Document No. 2012013727, Deed Records Nueces County, Texas, for the southeast corner of said 15.845 acre tract, and for the northeast corner of this survey, from WHENCE the southeast corner of the Eleanor Tract Subdivision Tract 1 as shown on a plat recorded in Volume 34, Page 36 of the Map Records Nueces County, Texas bears North 01° 37' 54" East, a distance of 1,496.45 feet; THENCE with the west line of said 20 acre tract, South 01° 37' 54" East, a distance of 932.76, for the southeast corner of this tract, WHENCE a 2" iron pipe found in the north right of way of Sedwick Road bears South 01° 37' 54" East, a distance of 956.17 feet; THENCE with the south line of this tract and the north line of said 30 acre tract, South 89° 12' 21" West, at a distance 30 feet past the east line of Rhew Road, a total distance of 1367.14 feet to the center of Rhew Road to the point of beginning of this tract containing 25.003 acres. Exhibit B IL 0 h ti JL RMH IL SP/15-01 400 800 Feet IL IL Datt: Created: 6/14/2016 Prepared By: JeremyM Department of D; elopment Services CASE: 0616-06 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home UP `. R/�iFR�f <-Fon qRO SUBJECT PROPERTY o°• HWY 4... LOCATION MAP AGNES City of Corpus Christi Exhibit C Site Plan Vacant Land NorthL electrical overhead RHEW ROAD (Paved) -' 8"sewer line_ i -_.--- ----- ------ /37$.'8 ---- I 25' Setback t I Storage t I 1 Truck Loading Agregate Bin H2O Bin, Feed Bins/ Conveyers L Lj ]I 10" WL Tk Dot 247 Base IPar''iiIIIIhi king Flo I 1 11 _ ParkIntgTIT ,Cement Storage Tx Dot 247 Base' ` I -3/37 L3/37S Zone RMH Existing Proposed iLZone/SP Permit FH 1 FOUR ACRE SITE PLAN PROPOSED PORTABLE CONCRETf=` .00.5Stn6t?Av.* SCALE 1" - 100' Exhibit D BO' Drainage Basin electrl'gd overhead •'o---•-mfr------�- 8" sewer ilne FH Exist 25' Setback, -D-i L 7_ I/ PLANNING COMMISSION REPORT Case No. 0616-06 HTE No. 16-10000014 Planning Commission Hearing Date: June 29, 2016 Applicant & Legal Description Applicant/Owner: Isaias Franco Legal Description/Location: Tract 1 is described as a 4.00 -acre tract and Tract 2 is described as a 25.003 -acre tract, both tracts being out of the Anthony C. Page Survey 591, Abstract 1010 and the A.M. French Survey 312, Abstract 1018. Zoning Request From: "R -MH" Manufactured Home To: "IL/SP" Light Industrial District with a Special Permit on Tract 1 for a concrete batching plant and to the "IL" Light Industrial District on Tract 2. Area: 29.003 acres Purpose of Request: To allow construction of a temporary concrete batch plant on Tract 1 and future light industrial uses on Tract 2. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "R -MH" Manufactured Home Vacant Light Industrial North "IL/SP" Light Industrial with a Special Permit for Resource Extraction Vacant "IL/SP" Light South "IL" Light Industrial Vacant Light Industrial East "IL/SP" Light Industrial with a Special Permit for Resource Extraction Vacant Light Industrial West "IL" Light Industrial Vacant Light Industrial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Port/Airport/Violet (PAV) Area Development Plan and is planned for light industrial uses. The proposed rezoning to the "IL/SP" Light Industrial District with a Special Permit on Tract 1 for a concrete batching plant and to the "IL" Light Industrial District on Tract 2 is consistent with the adopted Future Land Use Map and the PAV Area Development Plan. Map No.: 056045 Zoning Violations: None Planning Commission Final Report Page 2 Transportation Transportation and Circulation: Tract 1 has approximately 375 feet of street frontage along Rhew Road and Tract 2 has approximately 525 feet of frontage on Rhew Road. The Urban Transportation Plan designates Rhew Road as a proposed "C3" Primary Collector street. The maximum desirable average daily trips (ADT) for a designated "C3" is 4,000 to 8,500 daily trips. The subject property is located on the east side of Rhew Road approximately 1,000 feet north of Sedwick Road and 2,700 feet south of Leopard Street. Sedwick Road is designated as a proposed "Al" Minor Arterial Undivided street with a maximum ADT of 15,000 to 24,000 daily trips. Leopard Street is an existing "A2" Secondary Arterial Divided with a maximum ADT of 20,000 to 32,000 daily trips. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Rhew Road "C3" Primary Collector 75' ROW 50' paved 60' ROW 20' paved N/A Sedwick Road "Al" Minor Arterial Undivided 95' ROW 64' paved 60' ROW 23' paved N/A Leopard Street "A2" Secondary Arterial Divided 100' ROW 54' paved 150' ROW 32 — 38 paved 2012 W 3,807 E 4,251 Staff Summary: Requested Zoning: Tract 1: The applicant is requesting a rezoning from the "R -MH" Manufactured Home District to the "IL/SP" Light Industrial District with a Special Permit on Tract 1 to allow construction of a temporary concrete batching plant. A concrete batching plant is classified in the Unified Development Code (UDC) as "Minerals and Earths: quarrying, extracting, grinding, crushing, and processing," which is a "heavy industrial use." Heavy Industrial uses are allowed in the "IL" Light Industrial District only through a Special Permit. Tract 2: The applicant is also requesting a rezoning from the "R -MH" Manufactured Home District to the "IL" Light Industrial District on Tract 2 for undetermined future light industrial uses. Development Plan: Tract 1: The applicant proposes to operate a concrete batch plant on Tract 1, which is four acres is area. The amount of concrete expected to be produced in an eight-hour day is no more than 600 cubic yards with a total of 50 truck trips per day. Tract 2: Tract 2 totals approximately 25 acres in area. The applicant does not have plans for development of Tract 2 at this time. The applicant also owns approximately 32 acres zoned "IL" Light Industrial District immediately to the north and to the east of the subject property, where he currently operates a resource extraction business. The purpose of rezoning Tract 2 to the "IL" Light Industrial District is to eliminate the Planning Commission Final Report Page 3 residential zoning district, "R -MH" Manufactured Home District. Rezoning Tract 2 to the "IL" Light Industrial District would prevent incompatible uses, i.e. residential uses, from developing in an industrial area. Existing Land Uses & Zoning: The subject property is zoned "R -MH" Manufactured Home District and is vacant. North of the subject property is zoned "IL/SP" Light Industrial with a Special Permit for Resource Extraction, which is owned and operated by the applicant Isaias Franco, and also to the north are industrial lots zoned "IL" Light Industrial District. Many of these industrial lots are industrial yards. The property to the south and west is vacant and is zoned "IL" Light Industrial District. To the east is land zoned "IL/SP" Light Industrial with a Special Permit for Resource Extraction, which is owned and operated by the applicant, Isaias Franco. Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is located within the boundaries of the Port/Airport/Violet Area Development Plan. The proposed rezoning to the "IL/SP" Light Industrial District with a Special Permit for a temporary concrete batch plant is consistent with the Port/Airport/Violet Area Development Plan and the adopted Future Land Use Plan's designation of the property as light industrial. The Unified Development Code: The UDC Table 4.6.2 Permitted Uses (Industrial districts) permits Heavy Industrial Uses with a Special Permit. UDC Section 5.1.5.E. Heavy Industrial Uses classifies concrete batch plants as a heavy industrial use. Unified Development Code Special Permit Review Criteria: The Unified Development Code sets forth review criteria for special use permits. Review criteria applicable to this application are as follows: 1. The use is consistent with the Comprehensive Plan. 2. The use complements and is compatible with the surrounding uses and community facilities. 3. The impact of the use on public infrastructure can be minimized without negatively impacting existing uses in the area and in the City. 4. The use contributes to, enhances or promotes the welfare of adjacent properties and the surrounding area. 5. The use does not substantially adversely affect adjacent and neighboring uses permitted. 6. The use does conform in all other respect to regulations and standards in this Unified Development Code. 7. The development provides ample off-street parking and loading facilities. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is not platted. Planning Commission Final Report Page 4 Department Comments: 1. A concrete batch plant is a heavy industrial use that the Unified Development Code allows in the "IL" Light Industrial District by Special Permit. A Special Permit is subject to limitations as deemed appropriate by the City Council. The Special Permit option provides a means for developing certain uses in a manner in which the use will be compatible with adjacent property and consistent with the character of the neighborhood. 2. Allowing the proposed heavy industrial use by Special Permit is appropriate at this location given the industrial zoning and uses of the surrounding area and the planned industrial uses in the Future Land Use Plan. 3. The application is consistent with the Special Permit review criteria set forth in the Unified Development Code Section 3.6.3 B. 4. The proposed use will meet a demand that exists from various construction projects throughout the City. 5. Permits from The Texas Commission on Environmental Quality (TCEQ) will ensure operations are conducted in an environmentally sound manner. 6. The site plan submitted is consistent with the criteria set forth in the Unified Development Code. 7. Airport operations are protected through the Special Permit conditions on time limit, dust, and lighting. 8. The use of the land permitted through a Special Permit can be subject to a time limit to allow future review of the use and to ensure its compatibility with the neighborhood. Planning Commission and Staff Recommendation: Tract 1: Approval of the "IL/SP" Light Industrial District with a Special Permit subject to the following conditions: 1. Uses: The only use permitted under this Special Permit, other than those allowed by right in the "IL" Industrial District, is a concrete batch plant consisting of portable equipment and storage of materials and equipment necessary to conduct operations. The concrete batch plant shall not produce more than 600 cubic yards of concrete per day. 2. Dust: Dust control shall be in accordance with all City, State, and Federal requirements and specifications. Dust shall be controlled at both the operation of the batch plant and at the stockpile so that it does not drift across the approach to/from airport runways as indicated in the Airport Hazard Map attached. 3. Lighting: All light shall be directed downward and shielded. Lighting shall not be directed toward any of the airport approach/departure paths or towards the control tower. 4. Access: Vehicular access shall be allowed in accordance with the UDC. 5. Screening and Buffering: Screening and buffering shall be required in accordance with the UDC. Planning Commission Final Report Page 5 6. Noise: The applicant shall comply with the City's Noise Ordinance. 7. Hours of Operation: Operations of the concrete batch plant are limited between 6:00 A.M. and 6:00 P.M. 8. Other Requirements: The Special Permit conditions do not preclude compliance with all applicable UDC, Building Code, and State and/or Federal requirements. 9. Time Limit: Applicable permits shall be applied for within one year of approval of the Special Permit or the Special Permit shall expire in accordance with the UDC. Discontinuance of the use for a period of six (6) months shall cause the Special Permit to expire. The Special Permit shall expire in five years unless a time extension is approved by the City Council. Tract 2: Approval of the "IL" Light Industrial District. Vote Results For: 8 Against: 0 Absent: 1 Public Notification Number of Notices Mailed — 4 within 200 -foot notification area 1 outside notification area As of July 1, 2016: In Favor — 2 inside notification area — 0 outside notification area In Opposition — 1 inside notification area — 0 outside notification area Totaling 25.70% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan for Tract 1 3. Airport Hazard Map 4. Application 5. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES \2016\0616-06 Isaias Franco\Council Documents\CC REPORT_w revisions.docx IL 0 4 a • `41 JL ti IL SP/15-01 1 oc W 3 6 400 800 Feet IL IL Datt: Created: 6/14/2016 Prepared By: JeremyM Department of D; elopment Services CASE: 0616-06 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on V Owners attached ownership table in opposition UP `. R/tiFR�f SUBJECT PROPERTY 0 HWY 4... LOCATION MAP AGNES City of Corpus Christi Length �Diisstance Bearing 3 11 _r .79 N 01 degrees 27' 16" W L2 1-t60, CO S 88 degrees 32' 44"W 13 '78,78 5 91 degrees 27' 16"W L4 00.00 N 91 degrees32' 44"E Project: Case # 16-10000014 Special Permit for a Concrete Processing Plant -- Isaias Franco The applicant proposes a change of zoning from "RMH" Manufactured Home District to the "IL/SP" Light Industrial District with a Special Permit for a concreprocessing plant and temporary buildings. Vacant Land Northl electrical overhead RHEW ROAD (Paved) -' 8"sewer line_ i r_..-- I--25'setback____ ---- ---- Storage Truck Loading Agregate Bin H2O Bin, Feed Bins/ Conveyers L Lj 1 11 ,Cement Storage ]I 10" WL Tk Dot 247 Base IjParl"l111Ihi king Flo L3/37 S Zone RMH Existing Proposed iLZone/SP Permit Tx Dot 247 Base' 0 w I FH l FOUR ACRE SITE PLAN PROPOSED PORTABLE CONCRETf=` .00 5Sln6t?Av.* SCALE 1" - 100' BO' Drainage Basin electred overhead •'o---•-mfr------�— 8" sewer line FH Exist 25' Setback, -D - i LJ_ 7_ 1 16-10000014 _pu$ eye r', --"---.5‹ , .1. a T852 Development Services Dept P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION Office Use Only Case No.: 0616-06 Map No.: 0560 5- PC Hearing Date: June 29, 2016 Proj.Mgr: Priscilla Hearing Location: City Hall. Council Chambers. 1201 Leopard Street Hearing Time: 5:30 p.m. TRC Date: May 12, 2016 * A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. * INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant: -TS Pt 14.--5, -A -v1 c_t0 Contact Person : Sr-- t -Z Mailing Address: `1 SSS --t�C 0 City: Cp02C S �1'O—MA-1 61 ) S 10- 2,2ec2 Stater , ZIP: Phone: ( 361 E-mail: _ CeII: ( ) 2. Property Owner(s): i7,x)i-1�� -i.)C O Contact Person : Mailing Address: -7 SFS �* r City: CO 5 CSA 0--(0-1 State:_ 1 x- ZIP: 7S401 Phone: ( 2D 1 )So- 2 -TS E-mail: Cell: ( ) 3. Subject Property Address: l'2)22.'ZtATi 2 Ca -C1 u Area of Request (SF/acres): 1/4-41!')11-to41 ' fc5: Proposed Zoning & Use: 7,1_1 SS - [, eti- ►rt 14.174— Current Zoning & Use; i0 1\r -\nn 12 -Digit Nueces County Tax ID: Subdivision Name: ++ l Q. V 2- �� - l,L� v3 Block: Lot(s): Legal Description if not platted: hs _ . ''01 'lib_ , # ll 1 .r5 C.. p 4. Submittal Requirements: Date Held Qisclosure is inconsistent with exhibit landowner ; with City Staff • Early Assistance Meeting: 'and Use Statement IF APPLICABLE: of Interest Copy of Warranty Deed with Future Land Use Plan) Site Plan for PUD or Special Permit if property includes un -platted land (sealed by RPLS) 0 Lien Holder Authorization is not signing this form • Peak Hour Trip Form (if request . etes & Bounds Description ■ Appointment of Agent Form if I certi that I have provided the City of Corpus as or on behalf of —• Christi with a complete application for review; that I am authorized to initiate this rezoning the Property Owner(s): and t -` • - • - . rovided is accurate. • - or A • - , ' - ignature `--15 A—c,.. \--0--/3't"--c-40 Applicant's Sig tore Owner or Agent's Printed Name Applicant's Printed Name / Office Use Only: Date Received: "- l fO Received By: A ADP: �I . V Rezoning Fee: 1692.50 + PUD Fee 0 + Sign Fee 10 00 = Total Fee 1702.50 No. Signs Required 1 @ $10/sign Sign Posting Date: K IDEVELOPMENTSVCSISHAREDIAND DEVELOPMENTIAPPLICATION FORMSIREZDNINGIZONING APPLICATION 2015 DOC Form Revised 5/12/2015 LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. 4" k_ 0/..Pre.-_ Cep Co CNC -4-6540 a Li A. `�`~ i ) --1 �- �{ S a is VRE6C1 A # � CRE-' "6j o _ Identify the existing land uses adjoining the area of request: North - �`.— �.. ► ,a� �� South - East - Loci`v^ k -0A�l?�S West - VAGAVr-V,A-reiyA . C IUSERSITANYAR 0004DESKTOPIDAILY USE1ANNIKA5LAN0 USE STATEMENT FOR ZONING DOC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: �a,Gp-1, t 2 v C_rO STREET: ,963 17. CITY: o ZIP: x7$3 30 FIRM is: O Corporation O Partnership O Sole Owner O Association O Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name 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 Pr- 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 `1!F! p� 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested. and that supplemental statements will be promptly submitted to the City of Corpus Christi. Texas as changes occur. Certifying Person: (lirS i -t I9 Q Title: rint Name) Signature of Certifying Person: Date: K .DEV ELOPMENTSVCS+S NARED',LAND DEVELOENTIAS4REZONINGIDISCLOSIJRE OF INTERESTS STATEMENT_5 12 2015 DOC Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidadess ague tienen la intencion de asistir a este junta y aue reauieren servicios especiales. se les suplica que den aviso 48 horas antes de la iunta Ilamando al deoartamento de servicios de desarrollo. al numero (361 ) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta y su irides es lim• —favor de_-lamar al departamento de servicios de desarrollo al ntimera_(361 ) 826-3240 al menos 48 horas antes junta -Para soliciter un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0616-06 JUN 27 2016 LDEVELOPMENT SERVICE; SPECIAL SERVICES Isaias Franco has petitioned the City of Corpus Christi to consider a change of zoning from the "R -MH" Manufactured Home District to the "IL/SP" Light Industrial District with a Special Permit on Tract 1 for a concrete batching plant and to the "IL" Light Industrial District on Tract 2. The subject property is located on the east side of Rhew Road between Leopard Street and Sedwick Road. Tract 1 is described as a 4.00 -acre and Tract 2 is described as a 25.003 -acre tract, both tracts being out of the Anthony C. Page Survey 591, Abstract 1010 and the A.M. French Survey 312, Abstract 1018. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, June 29, 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: Address: City/State: ( ) IN FAVOR (141N OPPOSITION Phone: REASON:• C'' 'P '✓� koeD SEE MAP ON REVERSE SIDE Property Owner ID: 3 HTE# 16-10000014 25.69% nature Case No. 0616-06 Planner_ Dolores Wood persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intencion de asistir a esta junta v clue requieren servicios especiales, se les suplica que den aviso 48 horas antes de la iunta Ilamando al deoartamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta v su inciles es limitado, favor de !lamer al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0616-06 Isaias Franco has petitioned the City of Corpus Christi to consider a change of zoning from the "R -MH" Manufactured Home District to the "IL/SP" Light Industrial District with a Special Permit on Tract 1 for a concrete batching plant and to the "IL" Light Industrial District on Tract 2. The subject property is located on the east side of Rhew Road between Leopard Street and Sedwick Road. Tract 1 is described as a 4.00 -acre and Tract 2 is described as a 25.003 -acre tract, both tracts being out of the Anthony C. Page Survey 591, Abstract 1010 and the A.M. French Survey 312, Abstract 1018. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, June 29, 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: I -5Q; airtC J Address: 2) �<-4 - City/State: / i q 69 e y - ( N FAVOR ( ) IN OPPOSITION Phone:, W `- 510 -JcaP REASON: SEE MAP ON REVERSE SIDE Property Owner Ip 1 HTE# 1 6-1 000001 4 Si gture. Case No. 0616.06 Planner. Dotores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidadess que tienen la intention de asistir a esta junta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al deoartamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriciirse a la commission durante la iunta y su ingles es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0616-06 Isaias Franco has petitioned the City of Corpus Christi to consider a change of zoning from the "R -MH" Manufactured Home District to the "IL/SP" Light Industrial District with a Special Permit on Tract 1 for a concrete batchinq plant and to the "IL" Light Industrial District on Tract 2. The subject property is located on the east side of Rhew Road between Leopard Street and Sedwick Road. Tract 1 is described as a 4.00 -acre and Tract 2 is described as a 25.003 -acre tract, both tracts being out of the Anthony C. Page Survey 591, Abstract 1010 and the A.M. French Survey 312, Abstract 1018. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, June 29, 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: ;r.4) Address: (I/IN FAVOR ( ) IN OPPOSITION REASON: SEE MAP ON REVERSE SIDE Properly Owner ID: 6 HTE# 16-10000014 City/State: .,-j y t -733�� Phone:. p/— 5 ib Case No. 0616-06 Planner: Dolores Wood Aerial Overview 1 N Aerial AGENDA MEMORANDUM Future Item for the City Council Meeting of July 19, 2016 Action Item for the City Council Meeting of July 26, 2016 DATE: TO: July 19, 2016 Margie C. Rose, City Manager FROM: Bill Mahaffey, Director of Gas Operations BillM@cctexas.com (361) 826-1801 Maria Pedraza, Procurement Manager mariape@cctexas.com (361) 826-3176 Natural Gas Supply CAPTION: Resolution authorizing the City Manager, or the City Manager's designee, to execute a five-year natural gas supply contract with NextEra Energy Power Marketing, LLC ("NextEra"), Juno Beach, Florida for an estimated amount $125,000,000.00, of which $1,500,000.00 is needed for the remainder of the FY 2015-2016, for the purchase of 100% of the City's natural gas requirement from August 1, 2016 to July 31, 2021. PURPOSE: The purpose of this Agenda Item is to execute a five year contract with NextEra to continue to provide natural gas. The current Natural Gas Supply contract as amended expires on August 1, 2016. BACKGROUND AND FINDINGS: On May 31, 2011, the City Council approved a resolution to execute a five year natural gas supply, transportation, and facilities construction contract with National Energy & Trade, LP ("NET") for the purchase of 100% of the City's natural gas requirement to begin on July 1, 2011 and expire on August 1, 2016. During the fifth year of the contract NET was purchased by NextEra Energy Resources, LLC. Currently, the City of Corpus Christi purchases 100% of its daily natural gas requirements from NextEra Energy Resources, LLC. The present five-year contract expires on July 1, 2016. An amendment for one month was executed to allow time for the new agreement to be approved. Current contract price is Houston Ship Channel Index daily (HSCI) plus $0.40 per one million British thermal units (MMBTU). A reservation fee of $0.0275 per MMBTU based on the capacity reservation of 60,000 MMBTU per day (or $1,650 per day) is also included in the contract price. Requests for proposals were advertised and one proposal was submitted by NextEra. NextEra, the City's current natural gas supplier, proposed a commodity price component and a fixed reservation fee of HSCI + $0.40 or $0.41 per MMBTU dependent on payment date and $1,650 per day respectively. Both are for a sixty (60) month term. The reservation fee equates to approximately $0.0275 per MMBTU and includes the cost of the facilities to be added, pipeline integrity management, any and all third party upstream pipeline fees, ad valorem taxes, legal, operations and maintenance (O&M) and general and administrative cost (G&A). Current Price: (HSCI + $0.40)/MMBTU + $1,650/day NextEra's Proposed Price: (HSCI + $0.40 or $0.41)/MMBTU + $1,650/day NextEra has existing interconnects to provide redundancy at the City's three major purchase points and meet all past supply obligations. Gas supplied has met quality requirements. The City of Corpus Christi — Gas Department, with the assistance of ReSolved Energy Consulting, LLC, evaluated the proposal based on the weighted factors of deliverability, price, acquisition of interconnects, gas quality, marketing proposal and past performance, and recommends the 5 -year natural gas supply contract be awarded to NextEra Energy Resources, LLC. The financial impact of this item is approximately $25 million per year over the five-year term of the contract. The acquisition costs will be offset by the gas ratepayers. ALTERNATIVES: Not approve the contract and no longer have the capabilities of supplying natural gas to current and future customers. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures along with the State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Gas 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 $21,736,499.00 $123,500,000.00 $145,236,499.00 Encumbered / Expended Amount $7,375,827.87 $0 $7,375,827.87 This item $1,500,000.00 $123,500,000.00 $125,000,000.00 BALANCE $12,860,671.13 $0 $12,860,671.13 Fund(s): Gas Comments: RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Resolution Contract RESOLUTION AUTHORIZING THE CITY MANAGER, OR CITY MANAGER'S DESIGNEE, TO EXECUTE A FIVE-YEAR NATURAL GAS SUPPLY CONTRACT WITH NEXTERA ENERGY POWER MARKETING, LLC ("NEXTERA"), JUNO BEACH, FLORIDA FOR AN ESTIMATED AMOUNT OF $125,000,000.00 OF WHICH $1,500,000.00 IS NEEDED FOR THE REMAINDER OF THE FY 2015-2016, FOR THE PURCHASE OF 100% OF THE CITY'S NATURAL GAS REQUIREMENT FROM AUGUST 1, 2016 TO JULY 31, 2021. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or the City Manager's designee, is authorized to execute a five-year natural gas supply contract with NextEra Energy Power Marketing, LLC ("NextEra"), Juno Beach, Florida for an estimated amount of $125,000,000.00 of which $1,500,000.00 is needed for the remainder of the FY 2015-2016, for the purchase of 100% of the City's natural gas requirement from August 1, 2016 to August 1, 2021. Section 2. The City Manager or the City Manager's designee is authorized to execute up to three monthly extension agreements at the same terms and conditions with NextEra if a new contract has not been awarded upon the expiration of the original contract period. Section 3. This 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 Corpus Christi, Texas Nelda Martinez Mayor of , 2016 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn NATURAL GAS SUPPLY CONTRACT INDEX Article Page I. Definitions 1 II. Quantity & Price 3 III. Points of Delivery and Pressure 7 IV. Measurement 7 V. Measuring Equipment & Testing Provisions 10 VI. Quality 13 VII. Invoicing, Payment and Audit. 15 VIII. Term 17 IX. Force Majeure 17 X. Successors and Assigns 18 XI. Warranty of Title 19 XII. Indemnity and Limitation of Liability 19 XIII. Transfer of Title to and Possession of Gas 22 XIV. Regulatory Bodies 22 XV. Contract Administrator 23 XVI. Independent Contractor 23 XVII. Insurance 24 XVIII. Certificate of Interested Parties 24 XIX. Conflict of Interest 25 XX. Subcontractors 25 XXI. Fiscal Year 25 XXII. Waiver 26 XXIII. Compliance with Laws 26 XXIV. Venue 26 XXV. Amendments 27 XXVI. Termination 27 XXVII. Notice 29 GAS SUPPLY CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI,TEXAS AND NEXTERA ENERGY POWER MARKETING, LLC GAS SUPPLY CONTRACT NO. THIS CONTRACT is entered into by and between NextEra Energy Power Marketing, LLC, hereinafter referred to as "Seller," and the CITY OF CORPUS CHRISTI, TEXAS, a municipality, hereinafter referred to as "Buyer." ARTICLE! DEFINITIONS Except as otherwise specified, the following terms as used in this Contract shall be construed to have the following scopes and meanings: 1 Day means the period from nine o'clock (9:00) a.m. CST to the next nine o'clock (9:00) a.m. CST. 2. Month means a period of one (1) calendar month commencing at nine o'clock (9:00) a.m. local time on the first day of any calendar month and ending at nine o'clock (9:00) a.m. local time on the first day of the next succeeding calendar month. 3. Year means a period of three hundred sixty-five (365) consecutive days provided, however, that any such period which contains the date of February 29 shall consist of three hundred sixty-six (366) consecutive days. 4. Psia means pounds per square inch, absolute. 5. Gas means natural gas that meets the quality standards contained in this Contract, including those under Article VI, "Quality." 6. Cubic Foot of Gas means the volume of dry gas contained in one (1) cubic foot of space at a standard pressure base of fourteen and seventy-three hundredths (14.73) psia and a standard temperature base of sixty (60) degrees Fahrenheit, hereinafter referred to as "F." 7 MCF means one thousand (1,000) cubic feet. 8. British Thermal Unit or BTU means one (1) the measurement unit of the quantity of heat required to raise the temperature of one (1) avoirdupois pound of pure water from fifty-nine and five -tenths (59.5) degrees F to sixty and five -tenths (60.5) degrees F at a constant pressure of fourteen and seventy-three hundredths (14.73) psia. 9. MMBTU means one million (1,000,000) BTUs. 10. Gross Heating Value means the number of BTUs produced by the complete combustion at constant pressure of one cubic foot of gas saturated with water vapor, at a constant pressure of fourteen and seventy-three hundredths (14.73) psia and under standard gravitational force (acceleration 32.175 feet per second per second) with air of the same temperature and pressure as the Page 1 of 28 gas, when the products of combustion are cooled to the initial temperature of the gas and air and when the water formed by such combustion is condensed to the liquid state. The Gross Heating Value of gas delivered under this Contract shall be corrected from the conditions of testing to those of the actual conditions, expressed in BTU per cubic foot and reported at a pressure base of fourteen and seventy-three hundredths (14.73) psia; however, if the gas as delivered contains seven (7) pounds of water or less per one million (1,000,000) cubic feet, such gas shall be deemed to be dry. 11. MAOP means the maximum allowable operating pressure of the City's system as shown in Exhibit "A." 12. Mineral interest gas means that royalty share of gas owned by Buyer from wells producing, or will in the future produce, on City of Corpus Christi property or on non -City property of which Buyer has a legal right to take in kind, and which Buyer, in its sole discretion, receives directly into Buyer's distribution system. 13. Effective Date means the first day of July, 2016. 14. Points of Delivery means the delivery points described on Exhibit "A. 11 ARTICLE II QUANTITY & PRICE 1. Subject to the terms and conditions of this Contract, commencing with the effective date and continuing throughout the Term of this Contract, Seller agrees to deliver and sell and Buyer agrees to accept and purchase one hundred (100) percent of Buyer's total daily gas requirement for resale within the operation of Buyer's distribution system (the "Total Daily Gas Requirement"), a list of delivery points is attached and incorporated with this Contract as Exhibit "A" and a map of which is attached and incorporated with this Contract as Exhibit "B", as such distribution system exists and may be reduced, enlarged, or extended from time to time; provided, however, that as Buyer, the City retains the right to accept "mineral interest gas" or royalty gas, from production facilities producing natural gas on City properties from wells in which the City owns a mineral interest or royalty. 2. The "Contract Price" for gas delivered into the Buyer's gas distribution system for the Term shall be comprised of four components: a. For all gas not priced at a Fixed Price, gas shall be priced on a daily index price, which price shall be comprised of the daily Houston Ship Channel/Daily Midpoint price as published in Platts Gas Daily Report in the table titled "Daily Price Survey ($/MMBTU)," section "East Texas," row "Houston Ship Channel" and column "Midpoint," and Page 2 of 28 referred to as the "Daily HSC Index," plus a fixed adder (the "Adder") of $0.41 per MMBtu, inclusive of fuel and L&U, for each day of the Term (the "Index Price"). b. Seller shall give Buyer the right to fix the price for up to 5,000 MMBtu per day (the "Fixed Quantity") on a year to year basis at any time during the Term starting on the date of contract execution. The fixed price will be established using the then current price of Henry Hub natural gas futures contracts and adding a basis differential to reflect the difference in price between Henry Hub and Houston Ship Channel prices and adding any additional costs required consistent with Seller's pricing methodology for transactions with similar risk parameters (the "Fixed Price") . The parties shall agree to such Fixed Price and Fixed Quantity in a separately negotiated, mutually agreed upon and executed confirmation in a form substantially similar to Exhibit E, which shall be considered a firm obligation for both parties. In compliance with Exhibit D, in the event that the Total Daily Gas Requirement is less than the agreed Fixed Quantity, Seller will use commercially reasonable efforts to dispose into the market the difference in volume between the Total Daily Gas Requirement and the Fixed Quantity with the proceeds from these sales credited or debited to Buyer as applicable. c. A reservation fee of $0.0275 per MMBtu based on a capacity reservation of 60,000 MMBtu per day (or $1,650 per day) (the "Daily Reservation Fee"). d. For the Padre Island System, there is no incremental charge for service directly to the Padre Island System as defined in Exhibits A & B via third party provider prior to September 1, 2016. Beginning September 1, 2016, Seller will pass through any actual incremental costs incurred from third party provider until such time as the connection between the Corpus Christi System as defined in Exhibits A & B and the Padre Island System is completed, where actual incremental costs is defined as the difference between the Index Price calculated in paragraph II.2.a. and the actual cost of gas delivered to the Padre Island System. Seller shall send documentation to Buyer sufficient to show Buyer the actual cost of gas delivered to the Padre Island System in a commercially reasonable form. 3. If at any time the HSC Index should cease to be published or otherwise becomes unavailable or not calculable, Buyer and Seller shall meet as soon as practicable not to exceed three (3) calendar days to determine and agree upon a comparable "Substitute Index." The Substitute Index shall be implemented retroactively as of the first day in which the HSC Index became unavailable. 4. Buyer and Seller agree to consider alternative pricing options, and the Page 3 of 28 pricing method may be changed by mutual agreement, as evidenced by a written amendment executed by both parties to this Contract. ARTICLE 111 POINTS OF DELIVERY AND PRESSURE 1 The Points of Delivery for all gas to be sold and purchased under this Contract shall be at the outlet of Seller's (or Seller's designee's) existing metering and pressure regulating facilities identified in Exhibit "A," which is attached to and made a part of this Contract and which may be amended from time to time as Points of Delivery are added or deleted. 2. The gas delivered under Points of Delivery (Exhibit "A") of this Contract shall be measured through facilities which will be maintained by Seller (or Seller's designee). ARTICLE IV MEASUREMENT The measurement provisions for Points of Delivery shall be as follows: a. Unit of Volume -- The unit of volume for measurement of gas sold and purchased shall be one (1) cubic foot of gas as provided by Sections 91.051 through 91.062 of the Texas Natural Resources Code. b. Basis -- All measurement facilities under this Contract shall be operated under the standards approved by the American National Standards Institute of June 28, 1977 and prescribed in the Gas Measurement Committee of the American Gas Association, referred to in this Contract as AGA, Report Number 3/American Petroleum Institute Manual of Petroleum Measurement Standards, Chapter 14.3 (AGA Report No. 3/API 14.3), as it is now and from time to time may be revised, amended, or supplemented. Where measurement is by other than orifice meters, determination of the necessary factors for proper volume shall be as mutually agreed in writing by the parties. c. Atmospheric pressure -- The atmospheric pressure applicable at all points of delivery shall be determined in accordance with AGA Report No. 3/API 14.3 as it is now and from time to time may be revised, amended or supplemented. d. Ideal Gas Laws -- Measurement under this Contract shall be corrected for deviation from Ideal Gas Laws, and corrections shall be determined in accordance with AGA Report No. 3/API 14.3 as it is now and from time to time may be revised, amended or supplemented. e. Where a displacement meter is used, the square of the orifice meter super compressibility factor shall be applied, except as Page 4 of 28 may otherwise be agreed in writing by the parties. f. Determination of Flowing Temperature -- The temperature of gas flowing through the measuring facilities under this Contract shall be determined by means of the continuous use of a recording thermometer or by such other method as the parties hereto may agree in writing. The arithmetic average temperature of the gas recorded each day, during periods of flow only, shall be used in computing the quantity of gas delivered for that day. g. Determination of Specific Gravity -- The specific gravity of gas flowing through the measuring facilities under this Contract shall be determined by use of a continuously recording gravitometer. The arithmetic average specific gravity recorded each day, during periods of flow only, shall be used in computing the gas volume for that day. In the event a recording gravitometer is not installed, the specific gravity of the gas under this Contract shall be determined at approximately 30 -day intervals or at such other intervals as may be mutually agreed upon in writing by the parties hereto, by means which are approved by the AGA as set forth in its Gas Measurement Manual or by fractional analysis by the use of a spot or continuous sample taken at the Point of Delivery. h. Fractional analysis will be on a real gas basis in accordance with ANSI/ASTM D3588-79, as it is now and from time to time may be revised, amended or supplemented. Specific gravities so determined will be used in calculating gas volumes under this Contract for the month in which the test is made and all succeeding months until that month in which a new sample is taken. i. Determination of Gross Heating Value -- The Gross Heating Value of the gas shall be determined by means of a recording calorimeter, employing the Thomas principle of calorimetry, proportional to flow continuous sample, or such other method mutually agreed upon in writing by the parties hereto. The arithmetic average of the hourly Gross Heating Value recorded each day, during periods of flow only, shall be considered as the heat content of the gas during such day. If a recording calorimeter is not available, the Gross Heating Value shall be determined at 30 -day intervals or at such other intervals as may be mutually agreed upon in writing by the parties hereto, by the use of spot or continuous samples taken at the points of delivery. Gross Heating Value of a sample to be obtained either by calorimeter or chromatographic analysis using values of physical constants for the gas compounds, and the procedure for determining the Gross Heating Value of the gas shall be on a real gas basis in Page 5 of 28 accordance with ANSI/ASTM 03588-79, as it is now and from time to time may be revised, amended, or supplemented. The Gross Heating Value of gas so determined shall be considered for all purposes to be the Gross Heating Value of the gas for the month in which the sample is taken and all succeeding months until that month in which a new sample is taken. ARTICLE V MEASURING EQUIPMENT AND TESTING PROVISIONS 1 The measuring equipment and testing provisions for points of delivery shall be as follows: a. Access -- The parties hereto shall at all reasonable times have access to the premises of each other insofar as such premises are connected with any matter or thing covered hereby, for inspection, operation, installation, removal, repair and testing of equipment, but the operation of measuring equipment and changing of charts shall be done only by the employees or agents of the owner of such equipment. b. Testing and Repair of Equipment -- Seller (or Seller's designee) and Buyer shall keep their respective measuring equipment, pressure regulators and overpressure protective equipment, including chromatographs, accurate and in repair. Monthly tests will be required on measuring equipment. Buyer and Seller (or Seller's designee) agree to provide each other sufficient advance notice of the time of such tests so that Buyer or Seller (or Seller's designee) may conveniently have its representative present. In the event measuring equipment is found to be inaccurate, it will be adjusted to register accurately. In the event either party or Seller's designee desires a special test of any measuring equipment, the parties shall cooperate to secure prompt verification of the accuracy of such equipment. If upon any test, the percentage of inaccuracy of the measuring equipment is found to be in excess of one (1) percent, registrations thereof shall be corrected for a period extending back to the time such inaccuracy occurred if such time is ascertainable, and if not ascertainable, then back one-half (1/2) of the time elapsed since the last date of calibration not to exceed fifteen (15) days. c. Correction for Inaccurate Measurement -- If for any reason any measuring equipment is out of service or out of repair so that the quantity of gas delivered through such equipment cannot be ascertained or computed from the readings thereof, the quantity of gas so delivered during the period such equipment is out of service or out of repair shall be estimated and agreed upon by the parties hereto based upon the best available data, using the Page 6 of 28 first of the following methods which is feasible: (1) By using the registration of any check measuring equipment registering accurately; (2) By correcting the error if the percentage of error is ascertainable by calibration, test or mathematical calculation; or (3) By estimating the quantity of gas delivered under this Contract based on quantities delivered during preceding periods under similar conditions when the respective measuring equipment was registering accurately. d. Inspection of Charts and Records -- The charts and records from the measuring equipment shall remain the property of the owner thereof and same shall be retained for a period of not less than five (5) years. At any time within such period, upon request, each party or Seller's designee will submit records and charts from the measuring equipment, together with calculations therefrom, for inspection and verification by the other party or Seller's designee. Such records and charts shall be returned to the party providing same within thirty (30) days after receipt. e. Installation of Check Meters -- Buyer may, at its option, install a check meter for checking the metering equipment at the Points of Delivery; same shall be so installed as not to interfere with the operation of metering facilities of Seller or Seller's designee. 2. Seller must provide filters, chromatographs and moisture detectors for the Corpus Christi System and the Annaville/Calallen System. ARTICLE VI QUALITY 1 The quality provisions for Points of Delivery shall conform to the following specifications: a. Oxygen -- The oxygen content must not exceed two tenths (0.2%) percent by volume. b. Hydrogen Sulfide/Mercaptan -- Neither the hydrogen sulfide nor the mercaptan content shall exceed one-half (1/2) grain per one hundred (100) cubic feet. c. Sulfur -- The total sulfur content must not exceed five (5) grains per one hundred (100) cubic feet. d. Carbon Dioxide -- The carbon dioxide content must not exceed two (2) percent by volume. e. Total Inerts - Not more than four (4) percent by volume including carbon dioxide and nitrogen. f. Liquids -- The gas shall be free of water and hydrocarbons in liquid form at the temperature and pressure at which the gas is delivered and shall have been dehydrated prior to being delivered by any method other than the use of calcium chloride as Page 7 of 28 a desiccant for removal of water present therein in a vapor state and shall in no event contain water vapor in excess of seven (7) pounds per one million (1,000,000) cubic feet. Seller shall be responsible for collection and disposal of any liquids that may accumulate. g. Dust, Gums, and Solid Matter -- The gas shall be free of dust, gums, and other solid matter. h. Gross Heating Value -- The gas delivered shall have a Gross Heating Value of not less than nine hundred fifty (950) BTUs per cubic foot. i. Temperature -- The gas shall have a temperature of not less than forty (40) degrees F and not more than one hundred twenty (120) degrees F. 2. Any gas delivered by Seller to Buyer under this Contract which is accepted by Buyer without protest within five (5) days of delivery, shall be deemed to have met all of the quality specifications under the Contract. If at any time gas tendered under this Contract fails to conform to any of the quality specifications set forth above, Buyer shall notify Seller and Buyer may, at its sole option, and in addition to pursuing any other legal or equitable remedies available, refuse to accept delivery pending correction of the deficiency by Seller. If Seller has not corrected any failure to meet quality specifications within fifteen (15) days after receiving notice from Buyer of such failure, then Buyer has the right to terminate this Contract after said fifteen (15) day period and Seller shall be obligated to pay Buyer for any reasonable damages and expenses incurred by the Buyer. I t is expressly agreed that such damages may include direct damages and expenses incurred by the Buyer as well as any direct damage to Buyer's gas distribution system pipelines or facilities incurred by the City resulting from Seller's failure to comply with the Contract's quality specifications. 3. Buyer will not accept delivery of gas under this Contract at a Gross Heating Value of less than nine hundred fifty (950) BTU per cubic foot. 4. Seller agrees that the gas delivered to Buyer during the Term may not contain any odorant which is not first approved in writing by Buyer. After the odorant to be used is approved by Buyer, it may not be changed by Seller without the written consent of Buyer. Such consent may not be withheld unreasonably. As of February 2016, the Buyer is using t h e odorant Spotleak@ 1 007 or Sentinel S-20. The use of this odorant, or its equivalent, by Seller is approved by Buyer. ARTICLE VII INVOICING, PAYMENT, AND AUDIT 1 Invoice -- On or before the tenth (10th) day of each month, Seller shall send toBuyer via email (s) as designated by Buyer, an Page 8 of 28 invoice reflecting the quantity of gas delivered to and purchased by Buyer during the preceding calendar month, which shall not be less than the Fixed Quantity, if applicable. 2. Payment - Thirty (30) days after receipt of invoice, Buyer shall pay to Seller the amount due pursuant to this Contract for deliveries during the preceding calendar month. Payment shall be the sum of the daily Index Price multiplied by the difference between the Total Daily Gas Requirement and the Fixed Quantity; plus the sum of the daily Fixed Quantity Payment as defined in and based on the payment structure in Exhibit D; plus the sum of the Daily Reservation Fees for the month; plus beginning September 1, 2016 the difference between the Index Price and the actual cost of gas delivered to the Padre Island System as defined in Exhibits A & B multiplied by the actual volumes delivered to the Padre Island System. Provided, however, if the Buyer pays to Seller the amount due by the fifteenth (15) day after receipt of invoice, then Buyer shall receive a credit in the next month's invoice equal to $0.01 multiplied by the MMBtus reflected in the corresponding delivery month's invoice. The remittance shall be via ACH transfer: Pay: Bank of America, N.A. For the Account of: NextEra Energy Power Marketing, LLC Account No.: 3751227650 Fed. ABA No.:1 1 10-0001-2. If Buyer in good faith disagrees with the amount of any invoice, Buyer shall notify Seller of such disagreement so that it may be resolved before the date for payment of such invoice. If Buyer fails to give such notice of disagreement, or if Buyer and Seller do not resolve such disagreement before the due date, the amount of the invoice not in dispute shall be paid by Buyer on the due date. Such payment shall be subject to adjustment without penalties upon final resolution of the disagreement. 3. Adjustment of Errors -- In the event an error is discovered in any invoice or payment hereunder, such error shall be adjusted within ninety (90) days of the determination thereof; provided, however, that claim therefore shall have been made within two (2) years from the date of such invoice or payment. 4. Audit -- Each party hereto shall have, at its expense, the right at all reasonable times to examine the books and records of the other party pertaining to the performance of the Contract to the extent necessary to verify accuracy of any invoice, charge, computation, or demand made under or pursuant to this Contract. Each party agrees to keep records and books of account in accordance with generally Page 9 of 28 accepted accounting principles and practices in the industry. Any invoice shall be final as to both parties unless questioned within two (2) years after payment of such invoice. ARTICLE VIII TERM Subject to the provisions of this Contract, this contract shall be effective and continue in full force from the date of the termination of the Gas Supply Purchase Contract entered into as of July 1, 2011 between Seller and Buyer until 9:00 a.m., CST, on July 31, 2021 (the "Term"). ARTICLE IX FORCE MAJEURE 1 Definition of Force Majeure -- The term " force majeure" as employed herein shall mean acts of God, strikes, lock outs, or other industrial disturbances, acts of public enemy, sabotage, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, high water, washouts, or other natural disasters, threat of physical harm or damage resulting in the evacuation or shutdown of facilities necessary for the production, delivery, receipt or storage of gas, arrests and restraints of governments and people, civil disturbances, explosions, breakage or accident to machinery or lines of pipe, the necessity for testing or for making repairs or alterations to machinery or lines of pipe, partial or entire failure of wells, processing, storage or transportation facilities, or gasification and gas manufacturing facilities, the orders of any court, regulatory body or government authority or agency having jurisdiction, or the refusal or withdrawal of any necessary order, certificate or permit by any court, regulatory body or governmental authority or agency having jurisdiction, operational flow orders or implementation of system management plans or any other acts or omissions (including failure to take or deliver gas) of a transporter of Gas for either Buyer or Seller not caused by any acts or omissions of Buyer or Seller, and any other causes, whether of the kind herein enumerated or otherwise, not within the control of the party claiming suspension of Contract obligations and which, by the exercise of due diligence, such party or its subcontractor is unable to overcome. Nothing contained herein, however, shall be construed to require either party to settle a strike against itswill. 2. Effect of Force Majeure -- In the event either Seller or Buyer is rendered unable by force majeure to itself or a necessary third party to wholly or in part carry out its obligations under the provisions of this Contract, it is agreed that the party so affected shall give notice within seventy-two Page 10 of 28 (72) hours to the other party, and the obligations of the party affected by such force majeure, other than the obligation to make payments hereunder, shall be suspended during the continuance of any inability so caused but for no longer period, and such cause shall so far as possible be remedied with all reasonable dispatch. ARTICLE X SUCCESSORS AND ASSIGNS No assignment of this Contract or any of the rights or obligations under this Contract, whether by purchase, merger, consolidation, or otherwise, shall be made unless there first shall have been obtained the written consent to the assignment of the non -assigning party. Such consent may not be withheld unreasonably. Seller or Buyer may pledge or assign its respective right, title, and interest in, to and under this Contract to a trustee or trustees, individual, or corporate, as security for bonds or other obligations or securities without the necessity of such trustee(s) becoming in any respect obligated to perform the obligations of the assignor under this Contract. This Contract i s for the sole benefit of the parties hereto and their respective successors and permitted assigns, and shall not inure to the benefit of any other person or entity whomsoever, it being the intention of the parties hereto that no third person shall be deemed a third party beneficiary of this Contract or otherwise have any rights hereunder. ARTICLE XI WARRANTY OF TITLE SELLER WARRANTS THE TITLE TO ALL GAS DELIVERED UNDER THIS CONTRACT. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES WHETHER WRITTEN, ORAL, IMPLIED OR STATUTORY. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, SELLER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ARTICLE XII INDEMNITY AND LIMITATION OF LIABILITY TO THE EXTENT ALLOWED BY TEXAS LAW, SELLER, ITS OFFICERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSEES (FOR THE PURPOSES OF THIS ARTICLE CALLED " SELLER") HEREBY FULLY INDEMNIFIES, SAVES AND HOLDS HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AGENTS, LICENSEES, AND INVITEES ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS ,CLAIMS, DEMANDS, AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURY (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND Page 11 of 28 WHATSOEVER, WHICH ARISES OUT OF OR IS IN ANY MANNER CONNECTED WITH, OR IS CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH SELLER'S INTENTIONAL OR NEGLIGENT ACTS IN ITS RESPECTIVE CONTROL WITH REGARD TO THE DELIVERY OF GAS. SELLER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL THOSE CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COST AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR ACTIONS. TO THE EXTENT ALLOWED BY TEXAS LAW AND SUBJECT TO COMPLIANCE WITH APPLICABLE TEXAS CONSTITUTIONAL REQUIREMENTS, THE CITY HEREBY FULLY INDEMNIFIES, SAVES AND HOLDS HARMLESS SELLER, ITS OFFICERS, EMPLOYEES, AGENTS, LICENSEES, AND INVITEES ("SELLER GROUP") AGAINST ANY AND ALL CLAIMS, FOR PERSONAL INJURY (INCLUDING 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 CITY'S INTENTIONAL OR NEGLIGENT ACTS IN ITS RESPECTIVE CONTROL WITH REGARD TO THE RECEIPT OF GAS BY THE CITY. THE CITY MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL SUCH CLAIMS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO SELLER, AND PAY ALL CHARGES FOR ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID CLAIMS. THE PARTIES CONFIRM THAT THE EXPRESS REMEDIES AND MEASURE OF DAMAGES PROVIDED IN THIS AGREEMENT SATISFY THE ESSENTIAL PURPOSES HEREOF. FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, THE OBLIGOR'S LIABILITY SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY HEREIN PROVIDED, THE OBLIGOR'S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. UNLESS OTHERWISE EXPRESSLY PROVIDED HEREIN, IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTR ACT, WARR ANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER WISE, SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR LOSS OF PROFIT OR REVENUES, OR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES. ARTICLE XIII TRANSFER OF TITLE TO AND POSSESSION OF GAS Page 12 of 28 1. As between Buyer and Seller, Seller shall be deemed in control and possession of the gas sold and purchased under this Contract and responsible for any damage or injury caused thereby until the same shall have been delivered to Buyer at the Points of Delivery in accordance with terms of this Contract. 2. As between Buyer and Seller, Buyer shall be in control and possession of the gas sold and purchased under this Contract and responsible for any damage or injury caused thereby after the same shall have been delivered to Buyer at the Points of Delivery in accordance with terms of this Contract. ARTICLE XIV REGULATORY BODIES 1 This Contract is subject to all valid orders, rules and regulations of any State, federal or other regulatory body having jurisdiction over the purchase, sale or use of the gas sold, and the parties agree to comply with such orders, rules, and regulations. Should either of the parties, by law or regulation, be ordered or required to do any act inconsistent with the provisions of this Contract, this Contract shall be deemed to be modified to conform with such law or regulation. 2. Each of the parties understands that, should the Texas Railroad Commission, or other governmental regulatory body, require approval for the sale and purchase of gas under this Contract, then, each of the parties will make any necessary applications or filings and will submit any records or data to the regulatory body so that requisite regulatory authorization may be granted. 3. If any order, rule or regulation of any State, federal or other regulatory body significantly alters the relative benefits and burdens of the parties under this Contract, Buyer and Seller shall revise this Contract to restore the balance of risks, rewards, and costs originally set forth i n this Contract; provided, however, if the parties cannot mutually agree to revise the Contract, the matter may be submitted to either a dispute resolution process in accordance with the provisions herein or as otherwise agreed to by the parties. ARTICLE XV CONTRACT ADMINISTRATOR The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Contract including deductions for non-performance and authorizations for payment. All of Seller's notices or communications regarding this Contract must be directed to Bill Mahaffey, Director of Gas Operations, 2726 Holly Road, Corpus Christi, TX 78415. ARTICLE XVI Page 13 of 28 INDEPENDENT CONTRACTOR Seller will perform the services hereunder as an independent contractor and will furnish services in its own manner and method, and under no circumstances or conditions may any agent, servant, or employee of Seller be considered as an employee of the City. ARTICLE XVII INSURANCE 1 Insurance requirements are attached to and incorporated with this Contract as Exhibit "C", and may be revised annually by the Contract Administrator upon 30 days written notice to Seller. Notwithstanding the aforementioned, any such revision shall be subject to the following: (i) Seller's prior written consent, not to be unreasonably withheld, delayed or conditioned; (ii) that the requested insurance is both reasonably and commercially available; and (iii) that any incremental insurance -related costs resulting from the City's request would be assumed and paid by the City." 2. Before activities can begin under this Contract, Seller's insurance company must deliver a Certificate of Insurance as proof of the required insurance coverage to the Contract Administrator. 3. Additionally, the Certificate must state that the City will be given at least 30 days notice of cancellation or intent not to renew any of the policies. 4. The City must be named as an additional insured in each applicable policy identified in Exhibit "C", Section II(D). The City Attorney must be given copies of all certificates of insurance within 15 days of the Contract Administrator's written request to Seller. ARTICLE XVIII CERTIFICATE OF INTERESTED PARTIES Seller agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. ARTICLE XIX CONFLICT OF INTEREST Seller agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the Page 14 of 28 information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. ARTICLE XX SUBCONTRACTORS Seller may use subcontractors and affiliates of Seller in connection with the work performed under this Contract. When using subcontractors and affiliates of Seller, however, Seller must obtain prior written approval from the Contract Administrator, which shall not be unreasonably withheld. In using subcontractors, Seller is responsible for all their acts and omissions to the same extent as if the subcontractor or affiliate and its employees were employees of Seller. All requirements set forth as part of this Contract are applicable to all subcontractors and affiliates and their employees to the same extent as if the Seller and its employees had performed the services. ARTICLE XXI FISCAL YEAR All parties recognize that the continuation of any Contract after the close of any fiscal year of the City, which fiscal year ends on September 30 annually, is subject to appropriations and budget approval providing for such Contract item as an expenditure in that budget. The City does not represent that the budget item will be actually adopted, that determination being within the sole discretion of the City Council at the time of adoption of each budget. ARTICLE XXII WAIVER No waiver of any breach of any term or condition of this Contract waives any subsequent breach of this Contract. ARTICLE XXIII COMPLIANCE WITH LAWS This Contract is subject to all applicable federal and State laws. All duties of the parties will be performed in Nueces County, Texas. The applicable law for any legal disputes arising out of this Contract is the law of the State of Texas. ARTICLE XXIV VENUE The venue for any disputes under this Contract is the United States District Court for the Southern District of Texas - Corpus Christi Division Located in Nueces County, Texas, and if such court refuses jurisdiction, then the appropriate district, county, orjustice court in and for Nueces County, Texas. Page 15 of 28 ARTICLE XXV AMENDMENTS This Contract may be amended only by written agreement signed by duly authorized representatives of both parties to this Contract. ARTICLE XXVI TERMI NATION 1 Either party may terminate this Contract for the other parties' failure to perform the services specified in this Contract. Failure to keep all insurance policies in force for the entire term of this Contract is grounds for termination by City. 2. The terminating party must give the other party twenty (20) business days written notice of the breach and set out a reasonable opportunity to cure. 3. If the breaching party has not cured within the cure period, the other party may terminate this Contract immediately after the cure period. Such date is an "Early Termination Date". As of the Early Termination Date, the non -defaulting party shall determine, in good faith and in a commercially reasonable manner, the amount owed (whether or not then due) with respect to, the "Net Settlement Amount," which is the sum of (i) the quantity of gas which was not part of the Fixed Quantity delivered and received between the parties on and before the Early Termination Date for which payment has not yet been made by the City under this Contract multiplied by the Index Price, plus all other applicable charges; plus (ii) the Replacement Value; plus (iii) the Fixed Price Termination Value. Neither party shall be liable for any delivery or receipt obligations after the Early Termination Date, except for the Fixed Price Termination Value. The "Replacement Value" shall be the Non -Delivered Gas Quantity multiplied by the Adder, plus the Daily Reservation Fee times the days remaining in the Term. The "Non -Delivered Gas Quantity" is the total estimated daily gas requirement for resale within the operation of City's distribution system for the remainder of the Term, minus the Fixed Quantity. The " Fixed Price Termination Value" means the difference (if any) between the Fixed Price and the Market Price multiplied by the Fixed Quantity for the remainder of the Term, plus all of Seller's out of pocket costs to market and sell the Fixed Quantity. Page 16 of 28 "Market Price" means the price for gas in a similar transaction at the Delivery Point determined by the non -defaulting party in a commercially reasonable manner. Notice shall be given by the non -defaulting party to the defaulting party of the Net Settlement Amount due to Seller from Buyer (the "Notice"). The Notice shall include a written statement explaining in reasonable detail the calculation of the Net Settlement Amount. The Net Settlement Amount as well as any applicable set -offs between the parties as allowed by law, shall be paid by the close of business on the second Business Day following such Notice, which date shall not be earlier than the Early Termination Date. Interest on any unpaid portion of the Net Settlement Amount as adjusted by setoffs, shall accrue from the date due until the date of payment at a rate equal to the lower of (i) the then -effective prime rate of interest published under "Money Rates" by The Wall Street Journal, plus two percent per annum; or (ii) the Texas maximum applicable lawful interest rate for municipalities. Notwithstanding any other provision of this Contract, if Buyer fails to pay Seller any amounts due under the Contract on a timely basis, Seller shall have the right to (a) suspend performance under the Contract until such delinquent amounts plus accrued interest calculated at a rate equal to the lower of (i) the then -effective prime rate of interest published under " Money Rates" by The Wall Street Journal, plus two percent per annum; or (ii) the Texas maximum applicable lawful interest rate for municipalities, have been paid or (b) exercise any remedy available at law or in equity to enforce payment of such amount plus interest, provided, however, that if the City, in good faith, disputes the amount of any such billing or part thereof and pays such amounts as it concedes to be correct, no suspension shall be permitted. ARTICLE XXVII NOTICE Notice must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice shall be sent as follows: If to Buyer: City of Corpus Christi Attn: Bill Mahaffey Director of Gas Operations 2726 Holly Road Corpus Christi, TX 78415 If to Seller: NextEra Energy Power Marketing, LLC Attn: John Ragan VP Midstream Operations 601 Travis Street, Suite 1900 Houston, TX 77002 Page 17 of 28 Telephone: (361) 826-1801 (561) 304-5343 Facsimile: (361) 826-1889 (713) 225-1464 Email: BillM@cctexas.com John.Racgan©nexteraenergy.com Page 18 of 28 AGREED TO BY: BUYER: CITY OF CORPUS CHRISTI SELLER: NextEra Energy Power Marketing, LLC City Manager Date: Date: Attest: Rebecca Huerta City Secretary Approved as to form: This day of , 2016 Miles Risley City Attorney By: Lisa Aguilar Assistant City Attorney EXHIBITS: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E List of Points of Delivery Map of Delivery Points Insurance Requirements Fixed Price Addendum Fixed Price Confirmation Page 19 of 28 EXHIBIT "A" POINTS OF DELIVERY (EXISTING AND POSSIBLE) LOCATIONS CORPUS CHRISTI SYSTEM 1 BUSH STATION 2 SHELL ROAD STATION 3 KOSAR STATION 4 OLD BROWNSVILLE RD/SARATOGA STATION 5 BEAR LANE STATION 6 OLD BROWNSV1 LLE RD»WEST POINT STATION ANNAVILIE/CALALLEN SYSTEM 1 GUTH STATION 8 TULOSO STATION 9 LEOPARD STREET/CLARKW'OOD STATION 10 RHEWAND LEOPARD STATION 11 PADRE ISLAND SYSTEM PADRE ISLAND SYSTEM NOTE: Other delivery points can be considered NORMAL OPERTAING PRESSURE MAXIMUM ANTICIPATED PRESSURE MAXIMUM ANTICIPATED FLOW RATE 145 150 135C MCF/HR 145 150 1350 MCF/HR 145 150 135C MCF/HR 145 150 135C MCF/HR 145 150 135C MCF/HR 145 150 135C MCF/HR 145 100 200MCl/ HR 145 100 150 MCF/HR 145 100 200MCF/HR 165 200 MCF/HR REMARKS: See exhibit "B", Map of Possible Delivery Points Possible Alternate Delivery Pant location Possible Alternate Delivery Pant location Possible Alternate Delivery Point Location Possible Alternate Delivery Point location Possible Alternate Delivery Pant location Possible Alternate Delivery Point location Possible Alternate Delivery Point Location Possible Alternate Delivery Point Location Possible Alternate Delivery Point Location Existing City of Corpus Christi Delivery Point & ROW Existing Sothcross Pipeline Delivery Point - 150 150 150 MCF/DAY City owned easement, regulation and measurement facilities Current construction will interconnect Corpus Christi system with Padre island system. This delivery point will be short term. Page 20 of 28 Exhibit B Et •=- O • s LA OZ/NA/IfADRE -GULF OF MEXICO Page 21 of 28 Exhibit C INSURANCE REQUIREMENTS CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City, such approval not to be unreasonably withheld. Contractor must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Gas Department, one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. Contractor may satisfy the additional insured and waiver of subrogation endorsement requirements by using blanket endorsements. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, 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. Underground Hazards 7. Explosion & Collapse $5,000,000 Per Occurrence (Satisfied with any combination of primary and excess insurance) AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement Company is not domiciled in Texas) Employer's Liability if Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all non -privileged accident reports by Page 22 of 28 the later of either (i) 10 days after Contractor's receipt of such report, or (ii) 10 days after the City's request for such report. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement Certificate of Insurance to City upon reasonable request at the address provided below within 10 days as requested by the City. Contractor shall pay any costs incurred resulting from providing a copy of any replacement Certificate of Insurance. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy and employer's liability 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; Page 23 of 28 • 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, or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within thirty (30) calendar days of a cancellation, non -renewal, or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2015 Insurance Requirements Gas Utilities Natural Gas Supply Agreement 11/23/2015 ds Risk Management Page 24 of 28 Exhibit D Price Addendum for Fixed Quantity (as defined in the Natural Gas Supply Contract) Note: For each Fixed Price Option, the "Fixed Quantity Payment" will be calculated as described in that Option. Fixed Price Option A - All Fixed Price: The Fixed Price for the Fixed Quantity shall be (i) Fixed HSC Price plus (ii) Adder Fixed Quantity - no more than 5,000 MMBtu per day Fixed Price Term - TBD Fixed HSC Price - $X.XX per MMBtu Adder - As per contract paragraph I11.2.a. (A) For any day during the Fixed Price Term where the Total Daily Gas Requirement is below the Fixed Quantity, the Buyer shall pay the Seller the Fixed Quantity Payment, which shall be: (i) Fixed Price for the Total Daily Gas Requirement plus or minus (ii) applicable Usage Shortfall Payment. If the Usage Shortfall Payment is positive, Buyer shall pay Seller the Usage Shortfall Payment and if the Usage Shortfall Payment is negative, Seller shall pay Buyer the absolute value of the Usage Shortfall Payment. Where, "Usage Shortfall Payment" shall mean (i) Usage Shortfall multiplied by (ii) Net Liquidation Value. "Usage Shortfall" shall mean (i) Fixed Quantity minus (ii) Total Daily Gas Requirement "Net Liquidation Value" shall mean (i) Fixed HSC Price minus (ii) HSC Index "HSC Index" shall have the meaning as defined in Article II, subsection 2 (B) For any day during the Fixed Price Term where the Total Daily Gas Requirement is equal to or above the Fixed Quantity, the Buyer shall pay the Seller the Fixed Quantity Payment, which shall be: (i) Fixed Price for the Page 25 of 28 Fixed Quantity plus (ii) Index Price for the amount of the Total Daily Gas Requirement that exceeds the Fixed Quantity. Where, "Index Price" is defined in Article II, subsection 2 Fixed Price Option B - Fixed Henry Hub Price with floating Basis: The Fixed Price for the Fixed Quantity shall be (i) Fixed Henry Hub Price plus (ii) Adder plus (iii) Actual Basis Fixed Quantity - no more than 5,000 MMBtu per day Fixed Price Term - TBD Fixed Henry Hub Price - $X.XX per MMBtu Adder - As per contract paragraph I11.2.a. Where, "Actual Basis" shall mean (i) HSC Index minus (ii) Daily Henry Hub Index "Daily Henry Hub Index" shall mean the price per MMBtu posted in Platts, Gas Daily, under the headings "Daily Price survey ($/MMBtu)", in the section "Louisiana/Southeast", in the row "Henry Hub" and in the column titled "Midpoint". "HSC Index" shall have the meaning as defined in Article II, subsection 2 (A) For any day during the Fixed Price Term where the Total Daily Gas Requirement is below the Fixed Quantity, the Buyer shall pay the Seller the Fixed Quantity Payment, which shall be: (i) Fixed Price for the Total Daily Gas Requirement plus or minus (ii) applicable Usage Shortfall Payment. If the Usage Shortfall Payment is positive, Buyer shall pay Seller the Usage Shortfall Payment and if the Usage Shortfall Payment is negative, Seller shall pay Buyer the absolute value of the Usage Shortfall Payment. Where, "Usage Shortfall Payment" shall mean (i) Usage Shortfall multiplied by (ii) Net Liquidation Value. "Usage Shortfall" shall mean (i) Fixed Quantity minus (ii) Total Daily Gas Requirement Page 26 of 28 "Net Liquidation Value" shall mean (i) Fixed Henry Hub Price minus (ii) Daily Henry Hub Index (B) For any day during the Fixed Price Term where the Total Daily Gas Requirement is equal to or above the Fixed Quantity, the Buyer shall pay the Seller the Fixed Quantity Payment, which shall be: (i) Fixed Price for the Fixed Quantity plus (ii) Index Price for the amount of the Total Daily Gas Requirement that exceeds the Fixed Quantity. Where, "Index Price" is defined in Article II, subsection 2 Page 27 of 28 Exhibit E Sample - Fixed Price Confirmation The parties hereby agree: Fixed Quantity - MMBtu per day Fixed Price Term - Fixed Henry Hub Price - $ per MMBtu Fixed HSC Price - $ per MMBtu Fixed Price Option Type: Option A (Fixed HSC Price) _ Option B (Fixed Henry Hub Price) AGREED TO BY: BUYER: CITY OF CORPUS CHRISTI SELLER: NextEra Energy Power Marketing LLC City Manager Date: Date: Attest: Rebecca Huerta City Secretary Approved as to form: This day of , 2016 Miles Risley City Attorney By: Lisa Aguilar Assistant City Attorney Page 28 of 28 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-76865 Date Filed: 06/27/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. NextEra Energy Power Marketing, LLC Juno Beach, FL United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi, TX 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. RFP No. 12 Natural Gas Supply to City 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Van Camp, Stacey Houston, TX United States X Ridder, Allison Juno Beach, FL United States X North, Jack 1 Corpus Christi, TX United States X Marye, David Houston, TX United States X Guerra, Michael Houston, TX United States X Wall, Jr., Lawrence Houston, TX United States X NextEra Energy Resources, LLC Houston, TX United States X iievier+QW By Legal 5 Check only if there is NO Interested Party. L l 6 . WO.. aisl AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. �a��;Yi4'��.i MIA FIGUEROA ': Notary Public, Slate of Texds , 4'Comm. Expires 01-14.2020 ''4 o Notary 10 126033175 --••~ ,Hit _ Siri ti • of authorized hent of contracting business entity J AFFIX NOTARY STAMP / SEAL ABOVE -176 Sworn to and subscribed before me, by the said O CCU-- , this the 1D day of �I�Mk—. 20 !LO , to certify which, witness my hand and seal of office. illiagar. - -..-..All - .. . i i. .- of offic . i !storing oath Printed name of officer dministering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 AGENDA MEMORANDUM Action Item for the City Council Meeting of July 26, 2016 DATE: TO: July 20, 2016 Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager MarkVV©cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 FROM: Dan Grimsbo, Interim Director of Water and Utilities DanG@cctexas.com (361) 826-1718 One Reading Action Item Engineering Contract City of Corpus Christi Water System Assessment and Optimization CAPTION: Ordinance amending the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to add Project No. E16332 City of Corpus Christi Water System Assessment and Optimization; transferring funds in the amount of $555,000 from Water Capital Reserves; and authorizing the City Manager or designee to execute a contract for professional services with Hazen and Sawyer of Corpus Christi, Texas in the amount of $500,000 for the City of Corpus Christi Water System Assessment and Optimization Project; and declaring an emergency. PURPOSE: The purpose of this Agenda Item is to authorize an engineering services contract for the City of Corpus Christi Water System Assessment and Optimization. BACKGROUND AND FINDINGS: The City of Corpus Christi water distribution system has recently experienced low chlorine residuals in isolated locations. On May 13, 2016, the City issued a water boil advisory as chlorine residuals had dropped below the minimum threshold allowed by Texas Commission on Environmental Quality (TCEQ). To deal with this urgent event, the City administratively authorized a small Architect/Engineer (AE) contract to LNV, Inc. in May 2016 to provide professional services in reviewing current and potential water quality issues, assessing system operations, and providing assistance in determining and recommending strategies for restoring system -wide chlorine residuals. The prime consultant was LNV with Hazen Sawyer as sub -consultant, this consultant team (Engineer) worked together with City staff, reviewing initial water quality data, and confirming that nitrification occurred in the water system, resulting in low chlorine residuals. As per the Engineer's recommendation, the City implemented alternate disinfection conversion to free chlorine in the water system and lifted the boil water advisory. In addition, the Engineer recommended a source -to -tap strategy to evaluate the operations and performance of the water system. The evaluation included various short, mid and long-term action items to further optimize the system's water quality and minimize the potential for nitrification to occur in the future. The required professional services are essential to better assess and optimization of the water system to ensure water quality. Hazen and Sawyer is a nationally recognized firm with extensive expertise in municipal water systems. Based on Hazen and Sawyer's direct experience, knowledge and capacity, they are the most qualified AE to provide these services. Staff therefore recommends this professional services contract to Hazen and Sawyer without formal procurement and selection process. This AE contract is required to compensate the existing efforts of Engineers and provide further professional services assisting the City in evaluating the current water treatment unit processes at O.N. Stevens Water Treatment Plant and distribution system operations. ALTERNATIVES: 1. Authorize the execution of the contract. 2. Do not authorize the execution of the contract. (Not Recommended) OTHER CONSIDERATIONS: The additional $55,000 will be for soft costs and reimbursements related to this project. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: Operating ❑ Revenue ® Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Budget & Expenditures Current Year Future Years TOTALS Line Item Budget $555,000 $555,000 Encumbered / Expended Amount This Item $500,000 $500,000 Future Anticipated Expenditures This Project $55,000 $55,000 BALANCE $0 $0 Fund(s): Water CIP Comments: This contract will result in an expenditure not to exceed $500,000. RECOMMENDATION: City Staff recommends approval of the Ordinance amending the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to add Project No. E16332 City of Corpus Christi Water System Assessment and Optimization; transferring funds in the amount of $555,000 from Water Capital Reserves; and authorizing the City Manager or designee to execute a contract for professional services with Hazen and Sawyer of Corpus Christi, Texas in the amount of $500,000 for the City of Corpus Christi Water System Assessment and Optimization Project; and declaring an emergency. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Contract Presentation Form 1295 Ordinance amending the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to add Project No. E16332 City of Corpus Christi Water System Assessment and Optimization; transferring funds in the amount of $555,000 from Water Capital Reserves; and authorizing the City Manager or designee to execute a contract for professional services with Hazen and Sawyer of Corpus Christi, Texas in the amount of $500,000 for the City of Corpus Christi Water System Assessment and Optimization Project; and declaring an emergency. 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. E16332 City of Corpus Christi Water System Assessment and Optimization Project. SECTION 2. Funds in the amount of $555,000 are transferred from Water Capital Improvement Program Reserves to the City of Corpus Christi Water System Assessment and Optimization Project. SECTION 3. The City Manager or designee is authorized to execute a contract for professional services with Hazen and Sawyer of Corpus Christi, Texas in the amount of $500,000 for the City of Corpus Christi Water System Assessment and Optimization Project. SECTION 4. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2016. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas Day of , 2016 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Nelda Martinez Mayor Council Members The above ordinance was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PROJECT BUDGET City of Corpus Christi Water System Assessment and Optimization FUNDS AVAILABLE: Water CIP (Project E16259) $ 555,000 FUNDS REQUIRED: Engineering: Engineer (Hazen and Sawyer) THIS CONTRACT $ 500,000 Reimbursements: Total Reimbursements $55,000.00 Administration/Finance (Engineering/Capital Budget/Finance) $ 20,000 Engineering Services (Project Mgmt) $ 30,000 Misc $ 5,000 TOTAL FUNDS REQUIRED $ 555,000 ESTIMATED PROJECT BUDGET BALANCE $0 Edroy Fs) 7 24 Odern sintwn Rancho Chiu Morgan Del Sol -Lorna Farm Area Linda Tart Tradewinda GreCory O.N. Stevens Water Treatment Plant L d 441 iier•a Grande PetroniFa Orpus' Christi (3w8) 1514 -410 41,44 135 a Portland Ingleside Ingleside can the h1'r City of Corpus Christi Water System Assessment and Optimization Ie epr1I3r !lac GI' 13571 City Falman- Cour ty Acres Aransas Pass VICINITY MAP NOT TO SCALE Project Number: E16332 City of Corpus Christi Water System Assessment and Optimization CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES 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 Hazen and Sawyer, a New York corporation with a Corpus Christi office, 5262 S. Staples Street, Corpus Christi, Nueces County, Texas 78411, (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT City of Corpus Christi Water System Assessment and Optimization (Project No. E16332) - This project involves detailed evaluations and analyses of the water treatment processes and the distribution system operations. This includes a thorough assessment of the O.N. Stevens Water Treatment Plant (ONSWTP) operations, including a water quality analysis of raw water sources, unit treatment process performance, chemical addition effectiveness, water quality monitoring and analysis, instrumentation and controls, and all other pertinent operations. The project also involves a detailed assessment of the distribution system, including a review of the water quality data that is collected throughout the City, monitoring and sampling plans, the City's Nitrification Action Plan, and the operation of all water storage facilities, and provide recommendations to minimize water quality issues throughout the distribution system. This project also allows the Consultant to supplement the City's staff with personnel and resources to assist with any technical, operational, maintenance, diagnostic and design concerns related to water treatment processes and/or distribution system. 2. SCOPE OF SERVICES The Consultant hereby agrees to perform services to complete the Project, as detailed in Exhibit "A". In addition, Consultant will provide monthly status updates (project progress or delays 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 Consultant (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. ORDER OF SERVICES The Consultant agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to Contract for Professional Services Page 1 of 5 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16332 CITY OF CC WATER SYSTEM ASSESSMENT AND OPTIMIZATION\CONTRACT\CONTRACT.DOC this contract. Consultant 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 Consultant a fee as described in Exhibit "A" for providing services authorized, a total fee not to exceed $500,000.00. Monthly invoices will be submitted in accordance with Exhibit "B". 5. INDEMNITY Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. 6. INSURANCE Consultant agrees to comply with the insurance requirements in Exhibit "C". 7. TERMINATION OF CONTRACT The City may terminate this contract for convenience upon seven days written notice to the Consultant at the address of record. The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. Contract for Professional Services Page 2 of 5 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16332 CITY OF CC WATER SYSTEM ASSESSMENT AND OPTIMIZATION\CONTRACT\CONTRACT.DOC In the event of termination, the Consultant will be compensated for its services on all stages authorized based upon Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. 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 Consultant will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the Consultant staff. If the Consultant is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 10.OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, inspection reports and submittal data will be the sole property of the City, may not be used again by the Consultant without the express written consent of the Director of Engineering Services. However, the Consultant may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 11. STANDARD OF CARE Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 12. DISCLOSURE OF INTEREST Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 13. CERTIFICATE OF INTERESTED PARTIES For contracts that exceed $50,000, Consultant agrees to comply with Texas Government Contract for Professional Services Page 3 of 5 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16332 CITY OF CC WATER SYSTEM ASSESSMENT AND OPTIMIZATION\CONTRACT\CONTRACT.DOC Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 14. CONFLICT OF INTEREST Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. 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. 15. ENTIRE AGREEMENT AND CONTROLLING LAW This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 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. 16. CONFLICT RESOLUTION BETWEEN DOCUMENTS Consultant hereby agrees and acknowledges if anything contained in the Consultant - prepared Exhibit "A", Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. Contract for Professional Services Page 4 of 5 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16332 CITY OF CC WATER SYSTEM ASSESSMENT AND OPTIMIZATION\CONTRACT\CONTRACT.DOC CITY OF CORPUS CHRISTI H N AND SAWYER 312//u/L J.H. Edmonds, P.E. Date Chamindra Dassanayake, P D, P.E. Date Director of Engineering Services Vice President and Southwest egional Manager 8350 N. Central Expressway, Suite 775 Dallas, Texas 75206 RECOMMENDED (214) 382-5750 Office Operating Department Date APPROVED AS TO LEGAL FORM Legal Department APPROVED Date Office of Management Date and Budget ATTEST Rebecca Huerta City Secretary Date Project Name City of Corpus Christi Water System Assessment and Optimization Project Number E16332 Accounting Unit 4091-062 Account 550950 Activity E16332014091 EXP Account Category 50950 Fund Name Water 2012B RVBD This is the original contract for $500,000 Contract for Professional Services Page 5 of 5 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16332 CITY OF CC WATER SYSTEM ASSESSMENT AND OPTIMIZATION\CONTRACT\CONTRACT DOC I-Iaiii Hazen Sawyerte 5262 S. Staples S Corpus Chrisandti, TX 78413001 • 361.992.9000 July 21, 2016 J.H. Edmonds, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 Re: CITY OF CORPUS CHRISTI WATER SYSTEM ASSESSMENT AND OPTIMIZATION City Project No. E16332 Hazen Project No. 60704-001 Dear Mr. Edmonds: In response to the City's request, Hazen and Sawyer is proposing the following large A/E contract for a total not -to -exceed amount of $500,000 to be billed on a Time and Materials (T&M) basis. The purpose of this contract is to assist the City in evaluating its current water treatment unit processes at the O.N. Stevens Water Treatment Plant (ONSWTP) and distribution system operations, as well as develop and implement short-term improvements and modifications that will optimize the City's overall water system. The short-term action items identified for this project are provided as an attachment. Project Description: The City of Corpus Christi, Texas, hereinafter called "City", and Hazen and Sawyer, hereinafter called "Engineer", agree to the following contract for engineering and consulting services to perform detailed evaluations and analyses of the water treatment processes and the distribution system operations. This includes a thorough assessment of the ONSWTP operations, including a water quality analysis of raw water sources, unit treatment process performance, chemical addition effectiveness, water quality monitoring and analysis, instrumentation and controls, and all other pertinent operations. This project allows the Engineer to review all raw water and finished water quality data, assess the performance of unit processes at ONSWTP (i.e., coagulation/flocculation, sedimentation, filtration, and disinfection), and provide recommendations to optimize the overall water treatment process and mitigate any potential water quality issues that may arise. The Engineer will also to identify, perform testing, and provide conceptual design for strategies and/or modifications to the current operations at ONSWTP to improve water treatment and monitoring. This project also allows the Engineer to perform a detailed assessment of the distribution system, including a review of the water quality data that is collected throughout the City, monitoring and sampling plans, the City's Nitrification Action Plan, and the operation of all water storage facilities, and provide recommendations to minimize water quality issues throughout the distribution system. The Engineer will evaluate the City's distribution system operations, including the management and operation of all ground storage tanks (GSTs) and elevated storage tanks (ESTs), water distribution lines, water quality monitoring protocols, and flushing plans. The Engineer will review all documentation related to Exhibit "A" Page 1 of 4 Hazen the distribution system and provide recommendations on updates and/or improvements to optimize its operation and mitigate potential water quality issues. This project allows the Engineer to supplement the City's staff with personnel and resources to assist with any technical, operational, maintenance, diagnostic and design concerns related to water treatment processes and/or distribution system. The Engineer shall assist the City by performing the tasks outlined in this contract under the direction of the Utilities Department to ensure that the water treatment and distribution objectives for the City are being met in a cost-effective manner. Scope of Services: The tasks associated with the assessments and evaluations described above include, but are not limited to, the following: 1. O.N. Stevens Water Treatment Plant Process and Operations Assessment • Perform a detailed water quality analysis of the raw water sources, including an inventory of potential disinfection byproduct precursors (total organic carbon, bromide) and nitrogen species (total ammonia, nitrite, nitrate) • Perform evaluation of treatment process effectiveness, including types of chemicals employed at ONSWTP, chemical injection locations and dosing, condition of process units, etc. to aid in the identification of potential process improvements or modifications • Review procedures for sampling and monitoring water quality parameters throughout ONSWTP, including sampling frequency and selected water quality parameters, and methods of process control that result from changes in overall water quality measurements • Review standard operating procedures (SOPs) and current operational strategies to identify opportunities for water treatment improvements, including the potential implementation of flow -paced, automated chemical dosing and feedback systems to optimize chemical usage • Conduct treatment process analysis (desktop, bench -scale, etc.) of various water treatment process alternatives to improve finished water quality along with possible cost-saving process improvements. Potential water treatment process alternatives to be evaluated may include, but are not limited to, the following: o Free chlorine disinfection o Chlorine dioxide (C102) disinfection o Enhanced TOC removal processes • Evaluate recycle flows throughout ONSWTP to assess its water quality and potential contributions to disinfectant instability and nitrification potential • Evaluate solids management strategies and disposal methods to identify potential improvements and cost-saving measures Exhibit "A" Page 2 of 4 Hazen • On-site operations support for plant optimization and upgrades to meet best management practices. 2. Water Distribution System Analysis and Operations Assessment • Review SOPs for distribution system operations, including EST and GST cleaning and maintenance, tank and distribution sampling and testing protocols schedules, flushing programs, disinfectant residual monitoring, and documentation associated with seasonal variations in distribution systems operations • Conduct a performance analysis of the ESTs and GSTs throughout the system using computational fluid dynamics (CFD) modeling to ensure proper operations and stable disinfectant residuals and to identify potential improvements to EST and GST operations • Evaluate the disinfectant residual throughout the system and investigate the need for temporary (or permanent) disinfectant booster stations at various locations • Review the City's protocols for addressing low disinfectant residuals, including unidirectional flushing (UDF) plans, the City's Nitrification Action Plan, disinfectant conversion SOPs, and other documentation Identify additional strategies for improved water distribution system operations, such as ice pigging, improved pumping operations, real-time water quality monitoring and chemical feed control at pump stations • On-going support as an extension of staff to review water quality and operations. Schedule: While the exact schedule is to be determined based on the needs and requests of the City staff, the anticipated completion date for on-call services is August 31, 2016 and the anticipated completion for project deliverables is September 30, 2016. Fees: Services will be provided on a Time and Materials (T&M) basis for a total not -to -exceed contract amount of $500,000. Monthly invoices will be provided by the Engineer based on actual working hours and associated expenses at agreed upon hourly rates. The City's Project Manager is responsible for assigning tasks to the Engineer and approving daily/weekly/monthly hours. The Engineer is required to submit a detailed and approved man-hour breakdown accompanying with monthly invoices to Engineering Services for payment. Exhibit "A" Page 3 of 4 Hazen If you have any questions or if you would like to discuss in more detail, please feel free to call me at 469- 250-3781. Sincerely, Hazen and Sawyer TBPE Firm No. F-13618 ab Chamindra Dassanayake, Ph.D, P.E. Vice President and Southwest Regional Manager Exhibit "A" Page 4 of 4 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees EXHIBIT "B" SAMPLE PAYMENT REQUEST FORM COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27100 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0°,6 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% Contract for Professional Services Exhibit B EXHIBIT "C" Insurance Requirements Pre -Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy 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. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim (Defense costs shall be outside policy limits) 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. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 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. 1.7 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 171 12, 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,lanswer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Hazen and Sawyer P. O. BOX: 8350 N. Central Expressway, STREET ADDRESS: Suite 775 FIRM IS: 1. Corporation 4. Association CITY: 2. Partnership 5. Other Dallas ZIp: 75206 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. 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name 141 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 ora 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 4d)] CERTIFICATION I certify that all information provided is true and con-ect 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. Vice President and Southwest Certifying Person: Chamindra Dassanayake, Ph.D, P.E. Title: Reginnat Manager (Type or Print) Signature of Certifying Person: DEFINITIONS Date: 7-124/20/4 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 City of Corpus Christi Water System Assessment and Optimization Council Presentation July 26, 2016 Project Location Corpus Chr sti Engineering O.N. Stevens Water Treatment Plant P3rd,ro Ingleside Fa!Map-G.1.11y , kcres f11.4.,,ass N North San Pedro Flobstown City of Corpus Christi Water System Assessment and Optimization C1,01/rnen N Project Scope Corpus Chr sti Engineering To evaluate the current water treatment operations at ONSWTP, develop and implement short-term improvements and modifications to optimize the overall water system. The scope includes: 1. ONSWTP Process and Operations Assessment • Water quality analysis • Water treatment process analysis • Review water operating procedures • Solids management strategies and disposal methods • On-site operations support 2. Water Distribution System Analysis and Operations Assessment • Review operating procedures for distribution system • Performance analysis of elevated storage tanks and ground storage tanks • Evaluation of disinfectant residual in the system and investigate the strategies • Review the protocols for disinfection operations • Additional improvement strategies • On-going technical support Project Scope Corpus Chr sti Engineering 2016 May Jun Jul Aug Pofessional Engineering Servicesji Project Estimate: 120 Calendar Days = 4 Months Projected Schedule reflects City Council award in July 2016 with anticipated completion in August 2016. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-87498 Date Filed: 07/20/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Hazen and Sawyer Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16332 Water System Assessment and Optimization 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary Taylor, Robert Hollywood, FL United States X Stone, Alan Raleigh, NC United States X Pitt, Paul San Francisco, CA United States X Mehrotra, Sandeep New York, NY United States X Haubner, Gary Cincinnati, OH United States X Carney, Patricia Hollywood, FL United States X Taylor, Ronald Raleigh, NC United States X Peters, Richard New York, NY United States X Hocking, Charles New York, NY United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. YIN LING CHID % Notary ,Public,0State New York // / N No. 01 CH6329780 /// Qualified in Richmond County Term Expires August 31, 2019 .1 ` �" '- Signature of au orized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE j j r Sworn tp and subscribed before me, by the said I ' 1( ( GPOI 0-n , this the day of LA, Lu 20 I L.Q , to certify which, witness my hand and seal of office. _ f,, _X Si_ ture of officerdministerin oath Printed name of offer administeringoath Title of officer adrtinisterin oath 9 g Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 AGENDA MEMORANDUM Action Item for the City Council Meeting of July 26, 2016 DATE: July 19, 2016 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Dan Grimsbo, P. E., Interim Director of Water Utilities DanG©cctexas.com (361) 826-1718 CAPTION: Authorization to declare emergency and expedite procurement of goods and services associated with water quality Resolution declaring an emergency and expediting the procurement of goods and services necessary for water quality improvements in an amount not to exceed $2,720,000, and authorizing the City Manager, or designee, to execute all documents necessary for these emergency procurements pursuant to State law and Article X, Section 2 of the Charter of the City of Corpus Christi. PURPOSE: The purpose of this agenda item is to declare an emergency and authorize the City Manager or designee to expedite the procurement of materials and services associated with water quality issues. BACKGROUND AND FINDINGS: To deal with the water boil advisory issued by TCEQ on May 13, 2016, City Manager's designee administratively authorized a small AE contract to the LNV Inc. (Engineer) who teamed with Hazen and Sawyer to conduct a thorough investigation into the City's water treatment and distribution systems. Consequently, the City implemented alternate disinfection conversion to free chlorine in the water system and lifted the boil water advisory. The Engineer evaluated the operations and performance of the water system including various short, mid and long-term action items. The Engineers' evaluation and recommendation was to procure the following Master List of Items associated with water quality issues immediately to further optimize the system's water quality and minimize the potential future for nitrification events. The list is as follows. Item Estimated Cost Description/Justification Four Chemscan Analyzers for treated water monitoring at the O.N. Stevens Water Plant $150,000 The four (4) existing ammonia/monochoramine analyzers are obsolete and unreliable. Accurate and reliable analyzers are essential to establishing stable water quality as they provide plant operators with the tools needed for better monitoring and control of chlorine and ammonia. The proposed analyzers with proven reliability and monitoring capabilities for total chlorine levels are required. Tank Mixer for Flour Bluff Elevated Storage Tank $40,000 Due to the location of the tank, and flow and pressure trends of the water system, it is often difficult to maintain uniform and stable chlorine residuals in the tank. A mechanical mixer is required to help establish uniform water quality in the reservoir. Sampling Program for Elevated and Ground Storage Tanks $26,000 Currently, the water quality monitoring capabilities for the elevated and ground storage tanks is limited. This sampling program is required to gain a better understanding of the water quality variations in the tanks and to determine whether improved monitoring and/or mixing is needed. Chlorine Dioxide Annual Chemical Costs $750,000 A new chlorine dioxide (CI02) system at the ONSWTP will provide a number of benefits such as reduced THM formation potential, improved control of nitrification, and reduced oxidant demand, which would result in reduced pre-chloramination dosing. The most common way of producing C102 is by facilitating a chemical reaction between chlorine and sodium chlorite. This item addresses the anticipated annual costs associated with purchasing the sodium chlorite. Chlorine Booster Station $250,000 A sodium hypochlorite storage and feed system will provide for boosting chlorine to tie up residual ammonia (FAA) at the City of Corpus Christi's Navigation Pump Station. High FAA is recognized as a common cause of nitrification in water systems. A chlorine booster station will provide the operators with the ability to reduce FAA in the distribution system. Chlorine Dioxide System Improvements at O.N. Stevens Water Plant $850,000 A new chlorine dioxide system at the ONSWTP will provide a number of benefits such as reduced THM formation potential, improved control of nitrification, and reduced oxidant demand, which would result in reduced pre-chloramination dosing. Tank Mixers for Navigation and Staples Ground Storage Tanks $150,000 The largest storage volumes of water in the distribution system are currently stored at Navigation and Staples Pump Stations, and as a result, water age is impacted at these locations. A mechanical mixer will provide for each tank to help maintain uniform water quality in the reservoirs. O.N. Stevens Water Plant Pilot Model for Granular Activated Carbon $300,000 Managing and monitoring nitrification is only an issue for water systems using chloramines as the primary disinfectant. The City is currently investigating the feasibility of permanently switching from chloramines to free chlorine as the primary disinfectant. Prior to implementation, bench top testing and a pilot study must be performed to determine GAC performance, change out frequency of the media, and ultimately the costs and viability. This item will provide the City with a physical model of the ONSWTP which can be used for piloting and testing the GAC along with other operational and capital improvements. Granular Activated Carbon Pilot Study $200,000 In addition to the Water Plant Pilot Model for Granular Activated Carbon as listed above item, this item includes the costs associated with operating and monitoring the GAC pilot for up to 6 months and a providing a report on the findings and recommendations. ALTERNATIVES: None OTHER CONSIDERATIONS: The costs listed above are based on current estimations and may vary with future actual expenses. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: X Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Operational Budget 150,000 816,000 966,000 Capital Budget 1,750,000 1,750,000 Total Budget 1,900,000 816,000 2,716,500 Encumbered / Expended Amount This item Future Anticipated Expenditures This Project 1,900,000 816,000 2,716,500 BALANCE 0 0 0 Fund(s): Water Capital Funds and Operating Funds RECOMMENDATION: City staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution declaring an emergency and expediting the procurement of goods and services necessary for water quality improvements in an amount not to exceed $2,720,000, and authorizing the City Manager, or designee, to execute all documents necessary for these emergency procurements pursuant to State law and Article X, Section 2 of the Charter of the City of Corpus Christi WHEREAS, events in May led to the issuance of a community "boil water" notice mandated by the Texas Commission on Environmental Quality due to low disinfectant residuals in the City's water distribution system; WHEREAS, goods and services, necessary to ameliorate water quality problems in the City's water distribution system and improve the overall functionality of the system, must be procured as expeditiously as possible; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive solicitations and bids, unless an exception applies; WHEREAS, there are two applicable statutory exceptions for these procurements, as follows: Texas Local Government Code, Sections 252.022(a)(1) and (2), because of a public calamity that requires the immediate appropriation of money to relieve the necessity of the municipality's residents or to preserve the property of the municipality, and to preserve or protect the public health or safety of the municipality's residents; and WHEREAS, Article X, Section 2 of the City Charter authorizes expedited, non- competitive procurements of goods and services under the above -stated applicable conditions. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this ordinance are true and correct and adopts such findings for all intents and purposes related to the authorizations for these procurements. Section 2. The City Manager or her designee is authorized to execute all documents necessary to purchase the goods and services described in Exhibit A up to a combined total amount of $2,720,000 necessary for the expedited procurement of goods and services needed to improve the City's water quality distribution system for the protection of the public health and safety of the City's residents. Documents that may be executed will include emergency approvals of purchases executed pursuant to Article X, Section 2 of the City Charter. 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 Lucy Rubio Rudy Garza Brian Rosas Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre Exhibit A Item Estimated Cost Description/Justification Four Chemscan Analyzers for treated water monitoring at the O.N. Stevens Water Plant $150,000 The four (4) existing ammonia/monochoramine analyzers are obsolete and unreliable. Accurate and reliable analyzers are essential to establishing stable water quality as they provide plant operators with the tools needed for better monitoring and control of chlorine and ammonia. The proposed analyzers are required because they have an established track record of reliable service at many utilities and because they provide additional capabilities of monitoring total chlorine levels. Tank Mixer for Flour Bluff Elevated Storage Tank $40,000 Due to the location of the tank, and flow and pressure trends of the water system, it is often difficult to maintain uniform and stable chlorine residuals in the tank. A mechanical mixer is required to help establish uniform water quality in the reservoir. Sampling Program for Elevated and Ground Storage Tanks $26,000 Currently, the water quality monitoring capabilities for the elevated and ground storage tanks is limited. This sampling program is required to gain a better understanding of the water quality variations in the tanks and to determine whether improved monitoring and/or mixing is needed. Chlorine Dioxide Annual Chemical Costs $750,000 A new chlorine dioxide (CI02) system at the ONSWTP will provide a number of benefits such as reduced THM formation potential, improved control of nitrification, and reduced oxidant demand, which would result in reduced pre - chloramination dosing. The most common way of producing C102 is by facilitating a chemical reaction between chlorine and sodium chlorite. This item addresses the anticipated annual costs associated with purchasing the sodium chlorite. Chlorine Dioxide Annual Chemical Costs $250,000 A sodium hypochlorite storage and feed system will provide for boosting chlorine to tie up residual ammonia (FAA) at the City of Corpus Christi's Navigation Pump Station. High FAA is recognized as a common cause of nitrification in water systems. A chlorine booster station will provide the operators with the ability to reduce FAA in the distribution system. Chlorine Dioxide System Improvements at O.N. Stevens Water Plant $850,000 A new chlorine dioxide system at the ONSWTP will provide a number of benefits such as reduced THM formation potential, improved control of nitrification, and reduced oxidant demand, which would result in reduced pre-chloramination dosing. Tank Mixers for Navigation and Staples Ground Storage Tanks $150,000 The largest storage volumes of water in the distribution system are currently stored at Navigation and Staples Pump Stations, and as a result, water age is impacted at these locations. A mechanical mixer will provide for each tank to help maintain uniform water quality in the reservoirs. O.N. Stevens Water Plant Pilot Model for Granular Activated Carbon $300,000 Managing and monitoring nitrification is only an issue for water systems using chloramines as the primary disinfectant. The City is currently investigating the feasibility of permanently switching from chloramines to free chlorine as the primary disinfectant. Prior to implementation, bench top testing and a pilot study must be performed to determine GAC performance, change out frequency of the media, and ultimately the costs and viability. This item will provide the City with a physical model of the ONSWTP which can be used for piloting and testing the GAC along with other operational and capital improvements. Granular Activated Carbon Pilot Study $200,000 In addition to the Water Plant Pilot Model for Granular Activated Carbon as listed above item, this item includes the costs associated with operating and monitoring the GAC pilot for up to 6 months and a providing a report on the findings and recommendations. Chlorine Analyzer Filters $7,500 The ONSWTP utilizes on-line chlorine analyzers throughout the sedimentation basins to evaluate disinfection throughout the process. Each train has 3 analyzers, for a total of 12 analyzers for the sedimentation basin unit process in both Plants 1 and 2. The functionality of these filters is dependent on continuous flow. Substantial attentiveness by ONSWTP maintenance I&E staff is required to assure continuous flow. The in-line filters need be purchased and installed on the supply side of all chlorine analyzers located throughout the sedimentation basins. CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: July 26, 2016 Legistar: 16-0871 Agenda Item: Resolution declaring an emergency and expediting the procurement of goods and services necessary for water quality improvements in an amount not to exceed $2,720,000, and authorizing the City Manager, or designee, to execute all documents necessary for these emergency procurements pursuant to State law and Article X, Section 2 of the Charter of the City of Corpus Christi Amount Required: $ 2,716,000 Fund Name Accounting Unit Account No. Activity No. Amount Certified Balance Water Fund 062-4010-31010 550040 150,000 150,000 0.00 Water Fund 062-4010-31010 550030 40,000 40,000 0.00 Water Fund 062-4010-31010 530000 26,000 26,000 0.00 Water Fund 062-4010-31010 520010 750,000 150,000 600,000 TOTAL OPERATIONAL 966,000 366,000 600,000 Water Capital Rsv 4480-062 5500030 E16333- 01 -4480 - EXP 1,750,000 1,750,000 0 TOTAL CAPITAL 1,750,000 1,750,000 0 Total 2,716,000 2,116,000 600,000 ❑ Certification Not Required Director of Financial Services Date: AGENDA MEMORANDUM Action Item for the City Council Meeting of July 26, 2016 DATE: July 19, 2016 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Dan Grimsbo, Interim Director of Water Utilities DanG@cctexas.com (361) 826-1718 CAPTION: J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 One Reading Action Item Expediting Payment to National Power Rodding for Emergency Wastewater Repairs Ordinance authorizing transfer of Wastewater reserves in the amount of $241,335.85 in Fund No. 4249 to Project E16331 for payment to National Power Rodding for emergency wastewater repairs on May 17 and May 22, 2016; changing the FY 2015-2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase expenditures by $241,335.85; and declaring an emergency. PURPOSE: The purpose of this Agenda Item is to obtain authority to expedite payment to National Power Rodding for emergency wastewater line repairs performed on May 17, 2016 and May 22, 2016. BACKGROUND AND FINDINGS: On May 17, 2016 a 12 -inch wastewater force main located underneath Wooldridge Road broke, resulting in a street cave-in approximately 18 feet deep. On May 22,2016 an 8 -inch wastewater main located in residential rear easement broke, resulting in a cave-in at the intersection of Melisa Lane and Treyway Lane. In both cases, due to the risk to public health, safety and welfare as well as additional damage to City infrastructure, wastewater staff in the Utilities Department issued an emergency Delivery Order (DO) to National Power Rodding in order for repairs to be executed immediately. The Indefinite Delivery Indefinite Quantity (IDIQ) contract with National Power Rodding includes a clause which allows the City to call on the contractor during a City emergency using line items in the IDIQ, to facilitate repairs and to minimize costs. At the time invoices for the repairs were received from the vendor, it was determined that an emergency should have been declared by the City Manager and appropriate procedures followed. Invoices for other work performed under the IDIQ were in process which caused expenditures to reach the contract ceiling. As a result, there were insufficient funds available in the contract to pay the $241,335.85 invoice for the two cave-ins. Declared City emergencies are typically handled through the Engineering Services Department and normal procurement requirements are suspended in order that the emergency condition (in this case two wastewater main breaks resulting in cave-ins) may be resolved immediately. The emergency clause in the IDIQ contract appropriately allowed for mobilizing National Power Rodding to effect the repairs using line items from the IDIQ contract. However, funding external to the contract should have been used to pay for the repairs. ALTERNATIVES: None OTHER CONSIDERATIONS: The Engineering Services Department has implemented procedures to ensure that processes for declared City emergency repairs are properly followed. CONFORMITY TO CITY POLICY: This item is exempt from competitive bidding requirements under Texas Local Government Code Section 252.022(a)(3) as a procurement necessary because of unforeseen damage to public machinery, equipment, or other property. EMERGENCY / NON -EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Utilities 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 (This element of work only) $241,335.85 $241,335.85 Encumbered / Expended Amount $0.00 $0.00 This item $241,335.85 $241,335.85 Future Anticipated Expenditures This Project $0.00 $0.00 BALANCE $241,335.85 $241,335.85 Fund(s): Wastewater Capital Reserves RECOMMENDATION: City staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Page 1 of 2 ORDINANCE AUTHORIZING TRANSFER OF WASTEWATER RESERVES IN THE AMOUNT OF $241,335.85 IN FUND NO. 4249 TO PROJECT E16331 FOR PAYMENT TO NATIONAL POWER RODDING FOR EMERGENCY WASTEWATER REPAIRS ON MAY 17 AND MAY 22, 2016; CHANGING THE FY 2015-2016 CAPITAL IMPROVEMENT BUDGET ADOPTED BY ORDINANCE NO. 030621 TO INCREASE EXPENDITURES BY $241,335.85; AND DECLARING AN EMERGENCY. Whereas, on May 17, 2016 and May 22, 2016, emergency wastewater repairs were needed to repair cave-ins located at Wooldridge Road and at Melisa Lane and Treyway Lane, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $241,335.85 is transferred from Wastewater reserves in Fund 4249 to project E16331 for payment to National Power Rodding of Chicago, IL for emergency wastewater repairs on May 17, 2016 and May 22, 2016. SECTION 2. That the FY 2015-2016 capital improvement budget adopted by Ordinance No. 030621 is changed to increase expenditures by $241,335.85. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2016. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas Day of , 2016 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas Page 2 of 2 For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Nelda Martinez Mayor The above ordinance was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-78044 Date Filed: 06/29/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. National Power Rodding Corp. Chicago, IL United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. CITY OF CORPUS CHRISTI g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E15175 City Wide Collection System Replacement & Rehab ID/IQ Procurement 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Carylon Corporation Chicago, IL United States X Ruprecht, Reid Chicago, IL United States X Castel, Fabian Chicago, IL United States X Kreidler, William Chicago, IL United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the al, , - "OFFICIAL SE DESTINY CAMARGO RESENDEZ`A -- and correct. .isclosure is de NOTARY PUBLIC, STATE OF ILLINOIS Signatur:'(authorized agent of contracting bIrsiness entity M Commission h iros 08/3012019 W. iam T. Kreidler, President AFFIX NSTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said William T. Kreidler , this the 29th day of June , 20 16 , to certify which, witness my hand and seal of office. Resendez Notary Public Destiny Camargo Signature of 6 - cer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of July 26, 2016 Second Reading Item for the City Council Meeting of August 9, 2016 DATE: TO: July 16, 2016 Margie C. Rose, City Manager FROM: Stacie Talbert Anaya, Interim Director, Parks and Recreation Department StacieT@cctexas.com 361-826-3460 Acceptance of park equipment from Kaboom! and funding from Beautify Corpus Christi Association for Dr. H.C. Dilworth Park CAPTION: Ordinance authorizing the City Manager or designee to execute documents to apply for and accept park equipment estimated value of $300,000 from KaBOOM! for park improvements at Dr. H. C. Dillworth Park and to accept $8,500 in donated funds from Beautify Corpus Christi Association, and to appropriate said funds in the no. 4720 Community Enrichment Fund for the park improvements. PURPOSE: Accept a grant from KaBOOM! and a donation from Beautify Corpus Christi Association (BCCA) to build a playground and improve Dilworth Park. BACKGROUND AND FINDINGS: The Parks and Recreation Department, BCCA and the Second Calvary Baptist Church have been working together to improve Dilworth Park over the last 18 months. Earlier this year, BCCA submitted a grant request to KaBOOM! to assist with the construction of a playground at the park. Rather than assistance, KaBOOM! has offered a full grant (equipment, shade and supplies valued at approximately $300,000) that will include construction of the entire playground plus additional park amenities. This is a larger grant than BCCA can handle administratively though they are still committed to assist with the project and offer the $8,500 match for the grant. Funds have been earmarked in the department budget to supplement the project. In order to take advantage of the opportunity to improve the park, the Parks & Recreation Department requests to assume the lead of the grant application and manage the project. If approved, a community visioning workshop will be scheduled in August to help design the improvements at the park and recruit volunteers for the community build days to be held in October. The Parks & Recreation Department will work with BCCA and the Second Calvary Baptist Church to coordinate both efforts. ALTERNATIVES: Reject the Grant Offer OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council must approve the acceptance and appropriation of grants and donations. EMERGENCY / NON -EMERGENCY: DEPARTMENTAL CLEARANCES: Legal and 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 Encumbered/ Expended Amount This item $8,500 $8,500 BALANCE Fund(s): Community Enrichment Fund Comments: RECOMMENDATION: Approve the acceptance and appropriation of both the KaBOOM! grant of equipment and BCCA donation to serve as the match. LIST OF SUPPORTING DOCUMENTS: Kaboom Grant Project Summary Community Partner Playground Contract ORDINANCE AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE DOCUMENTS TO APPLY FOR AND ACCEPT PARK EQUIPMENT ESTIMATED VALUE OF $300,000 FROM KABOOM! FOR PARK IMPROVEMENTS AT DR. H. C. DILLWORTH PARK AND TO ACCEPT $8,500 IN DONATED FUNDS FROM BEAUTIFY CORPUS CHRISTI ASSOCIATION, AND TO APPROPRIATE SAID FUNDS IN THE NO. 4720 COMMUNITY ENRICHMENT FUND FOR THE PARK IMPROVEMENTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Manager or designee is authorized to execute documents necessary to submit application for and execute documents to accept park equipment estimate value of $300,000 from KaBOOM! for improvements at Dr. H. C. Dillworth Park, including the Community Partner Playground Contract, a copy of which is attached as Exhibit A. Section 2. That the City Manager or designee is authorized to accept $8,500 funding from Beautify Corpus Christi Association for park improvements at Dr. H. C. Dillworth Park. Section 3. Upon receipt, the funds shall be appropriated in the No. 4720 Community Enrichment Fund for the park improvements at Dr. H. C. Dillworth Park. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor EXHIBIT A COMMUNITY PARTNER PLAYGROUND CONTRACT July 20, 2016 KaBOOM!, Inc. (referred to herein as KaBOOM!) is pleased that «CP» (referred to herein as the Community Partner) has agreed to collaborate with KaBOOM! and «FP» (referred to herein as the Funding Partner) in the construction of a new playground at «Site_Name», «Site_Address», «City», «State» «Zip» (the "Project"). This Community Partner Playground Contract (this "Agreement"), which sets forth the Community Partner's obligations in connection with the Project and certain matters on which the parties have agreed, will, when executed by the duly authorized representatives of each party, supersede any prior agreements and represent the complete legally binding agreement between the parties regarding the Project. 1. Obligations of the Community Partner. The Community Partner shall work with KaBOOM! and the Funding Partner as well as community residents to design, plan and build the Project. By executing this Agreement, the Community Partner is unconditionally agreeing to each of the following obligations, in each case meeting the requirements provided by KaBOOM!: (a) Fundraising. In support of the Project, the Community Partner must contribute $«Contribution» to KaBOOM!, which will apply the funds directly to the purchase of playground equipment. KaBOOM! will invoice the Community Partner for such amount promptly following the execution of this Agreement, which amount must be paid in full at least thirty (30) days prior to the Project's Build Day (as defined below). (b) Project Site. (i) Ownership. At the time of execution of this Agreement, the Community Partner shall provide KaBOOM! with proof of land ownership evidenced by either a deed granting title to the property to the Community Partner or a letter from the property owner showing approval for the Project. The Community Partner is the owner of the playground in its entirety, for the lifetime of the playground, including the equipment and/or safety surfacing purchased by KaBOOM! and/or the Funding Partner. (ii) Permits. Prior to Build Day, the Community Partner shall obtain all necessary permits and licenses regarding the installation, possession and use of the playground in compliance with applicable laws and regulations. (iii) Preparation. The Community Partner shall ensure that the Project site is safe for volunteers and children, which responsibility includes: (1) recruiting fifteen (15) adult volunteers to participate in preparation activities two to three days prior to Build Day; (2) preparing the site for the installation of the Project at least two weeks before Build Day, which includes removing existing playground equipment, footers and safety surfacing, grading the land, removing fencing and performing soil tests; (3) conducting up to two (2) utility checks as reasonably requested by KaBOOM! with the appropriate utility companies, with the first test being completed on or before Design Day (as defined below) and with all utility check documentation provided upon completion to the KaBOOM! project manager who shall supervise the planning and installation of the playground (the "Project Manager"); and (4) conducting up to two (2) soil site tests as reasonably requested by KaBOOM!, with the first test being completed on or before Design Day and with all soil check documentation provided to the Project Manager upon completion. The Community Partner is responsible for undertaking any necessary risk mitigation should the soil be deemed unsafe for children and volunteers. (iv) Safety and Security. The Community Partner shall ensure the security of equipment, tools, supplies and well being of the adults and children from the beginning of the preparation activities until the conclusion of Build Day, including any postponement. (v) Maintenance. Maintenance of the playground facility and supervision of its use is the sole responsibility of the Community Partner. The Community Partner shall collaborate with KaBOOM! during the Project planning process to develop a maintenance program for the playground and, with the support of the property owner (if owner is a separate party), shall maintain the playground and the property before and after the Build Day to ensure a safe and attractive playspace. In furtherance of the foregoing, in the event any playground equipment included in the Project no longer is permitted for any reason to be located at its original site of construction or such site is no longer controlled by the Community Partner for any reason, then the Community Partner promptly shall notify KaBOOM! following its becoming aware of such situation and shall, at the Community Partner's sole cost and expense, take such steps as may be necessary to promptly and safely relocate the playground equipment (including any permanent signage and other fixtures) to an alternate site that serves children or to ensure that the successor controlling person of such site shall continue to make such playground available to children in the same manner contemplated as of the Build Day and maintain (or permit the Community Partner to maintain) such playground in accordance with the maintenance program. In addition, the Community Partner shall accept and maintain engineered wood fiber as playground safety surfacing, meeting standards established by Consumer Product Safety Commission guidelines, for the lifetime of the playground. Guidance and materials for the purpose of developing a maintenance plan for the playground are available, upon request, from the playground equipment and safety surfacing manufacturers, including Playworld Systems, Inc . (vi) Service Learning. The Community Partner shall recruit a group of at least 25-50 youth ages 5-12 years to participate in the Presidential Active Lifestyle Award Challenge (http://www.presidentschallenge.orq/challenge/active/index.shtml). The youths shall commit to being active 60 minutes a day for five days a week for six weeks between Design Day and Build Day. (c) Design Day. The Community Partner agrees to host a KaBOOM!-facilitated "Design Day" with at least twenty (20) adult volunteers and twenty (20) children. Such adult volunteers shall remain engaged in the planning activities throughout the Project's planning process. (d) Build Day. The Community Partner shall recruit «Volunteers» adult volunteers from the community to participate in a one -day installation event for the Project, which is scheduled to occur on «BD_» and which is referred to herein as the Build Day. The Community Partner shall ensure that all volunteers sign a waiver. On the Build Day, the Community Partner shall provide food, water, tools, dumpsters, music and restroom facilities for all volunteers. (e) Promotion; Intellectual Property. The Community Partner shall seek prior approval from KaBOOM! and/or the Funding Partner for any materials that reference the Project or contain the name, trademarks, service marks, logos and other intellectual property (collectively, and together with all goodwill attached or which shall become attached to any of the them, the "Marks") of KaBOOM! and/or the Funding Partner, including press releases, fliers and promotional materials. The Community Partner acknowledges and agrees that each of KaBOOM! and the Funding Partner is the sole owner of all right, title and interest in and to its respective Marks. The parties acknowledge that KaBOOM! and the Funding Partner may take all steps to protect their Marks as they deem appropriate. Any use of the Marks will inure to the sole benefit of KaBOOM! or the Funding Partner (as applicable). The Community Partner shall not use the Marks in any manner that would harm the reputation of KaBOOM! or the Funding Partner or disparage or negatively reflect upon the Marks. Upon expiration of or termination of this Agreement for any reason, the Community Partner shall cease all use of the Marks. The Community Partner shall collaborate with KaBOOM! and the Funding Partner to secure media coverage for the Project. (f) Signage. The Community Partner shall allow the names and logos of KaBOOM! and the Funding Partner to be displayed on permanent playground signage, which shall be substantially in the form provided to the Community Partner during the application process and shall be 121/4 inches wide by 30'/4 inches tall and mounted on poles in a mutually agreed location. (g) Shade. The Community Partner has agreed to accept the installation of the shade over the playground that was built with KaBOOM! and has agreed to: 1) determine if a permit is needed for shade and if so, identify what is needed to secure the permit. 2) If permit is required, the Community Partner is responsible for filing the paperwork and making payment for the expenses related to securing the permit. The KaBOOM! shade vendor will provide the necessary designs and documentation needed to secure the permit. 3) In coordination with the Project Manager and the shade vendor, the plan for drilling the holes for the shade post footers, installation of the rebar and pouring the concrete will be identified. This will include the timeline for the footer work and site access for the contractor. 4) the Community Partner is responsible for ensuring the shade vendor has access to the site. Damage to sidewalks or fences is the responsibility of the Community Partner 5) Once the shade post footers are completed, the Community Partner must secure the site so that no kids play on the footers. 6) Within 2-3 days of the footers being completed, provide access for the shade vendor to install the shade. 6) A maintenance plan for the shade is created and provided to KaBOOM! Once the shade is installed, it needs to be properly maintained. This includes checking the tension on the shade and tightening it as needed. In the event of a high wind event (ie. Hurricane), the shade needs to be taken down. Once the high wind event is over, the shade needs to be re installed. 7) Payment for the shade will be paid directly to the shade vendor. (h) Playground Costs. The Community Partner is solely responsible for and shall hold KaBOOM! and the Funding Partner harmless from any costs beyond the proposed Project budget, including costs incurred by the Community Partner for any prior site preparation, upgrades or improvements or any equipment or materials purchased to supplement those secured by KaBOOM!. Warranty. The playground equipment and the safety -surfacing related to the Project may be covered under warranty by the applicable manufacturers, a copy of which may be obtained, upon request, from such manufacturers. The Community Partner acknowledges that any warranties and/or guarantees on any equipment or material are subject to the respective manufacturer's terms thereof, and the Community Partner agrees to look solely to such manufacturers for any such warranty and/or guarantee. Neither KaBOOM! nor the Funding Partner nor any of their respective affiliates, directors, officers, managers, partners, members, shareholders, employees, agents or representatives, have made nor are in any manner responsible or liable for any representation, warranty or guarantee, express or implied, in fact or in law, relative to any equipment or material, including its quality, mechanical condition or fitness for a particular purpose. (j) Insurance. The Community Partner is self-insured and is responsible for providing coverage for its own employees and against liability for bodily injury, death and property damage that may arise out of or be based on the use of the playground at "Community Partner location", from 7 (seven) calendar days before the Build Day and for a minimum of one year afterward, in each case, in amounts not less than one million dollars ($1,000,000). This self-insurance shall be primary over any other insurance covering KaBOOM! and its funding partners.. (k) Indemnification. The Community Partner shall indemnify and hold harmless KaBOOM!, the Funding Partner and their respective affiliates, directors, officers, managers, partners, members, shareholders, employees, agents and representatives from any and all losses, liabilities, claims, actions, fees and expenses (including interest and penalties due and payable with respect thereto and reasonable attorneys' and accountants' fees and any other reasonable out-of-pocket expenses incurred in investigating, preparing, defending or settling any action), including any of the foregoing arising under, out of or in connection with any breach of this Agreement, any actions associated with this Project or resulting from the use of any playground property and equipment, including those for personal injury, death, or property damage, except to the extent resulting from the willful misconduct of such indemnified person. This provision shall survive any termination or expiration of this Agreement. (i) 2. Obligations of KaBOOM!. (a) Playground Build. KaBOOM! shall provide technical and organizational leadership and guidance for the Project and shall: (i) Coordinate Funding Partner participation, facilitate playground design, including regular planning meetings, and work with vendors to procure equipment and materials in a timely manner, except to the extent that safety surfacing other than engineered wood fiber is used, which shall be procured by the Community Partner. (ii) Manage construction logistics for the Project, coordinate playground site preparation activities with the Community Partner, inventory equipment and materials, and assure that the necessary tools and materials are available on the Build Day. (iii) Lead the Build Day activities, including the coordination of Build Day captains and volunteers. (iv) Provide educational and promotional materials to support the Project, including the KaBOOM! Tool Kit (a 4 - book set), KaBOOM! online Playground Planner, nametags and other general supplies. (b) Inspection. KaBOOM!, in collaboration with the Community Partner, will secure a Certified Playground Safety Inspector to review the playground structure at the conclusion of the Build Day (or, if KaBOOM! assumes responsibility for the playground construction going beyond one day, at the conclusion of the installation) to ensure that the structure is safe and built to all appropriate standards and guidelines, unless the Build Day is not completed on the Build Day due to failure of the Community Partner, in which case the Community Partner shall secure the Certified Playground Safety Inspector. (c) Promotion. KaBOOM! will provide proposed promotional materials relating to the Project for the Community Partner's review and approval, which approval shall not be unreasonably withheld or delayed. (d) Website Listing. KaBOOM! will place the playground on its list of KaBOOM! builds on the KaBOOM! website and KaBOOM! will send information to the Community Partner on playground maintenance programming and enhancements. 3. Build Day Postponement. The Build Day shall not be postponed except when weather or other conditions jeopardize the safety of the volunteers or threaten the structural integrity of the playground. The decision to postpone the Build Day will be made by majority agreement of the representatives of KaBOOM!, the Community Partner and the Funding Partner, except where such decision must be made by KaBOOM! on the construction site and representatives of the Community Partner and the Funding Partner are not available for consultation. In the event that the Build Day is postponed, KaBOOM!, the Community Partner and the Funding Partner shall develop a plan for rescheduling the Build Day at the next earliest date possible for each party. The Funding Partner shall be responsible for all additional expenses related to the rescheduled Build Day, including, without limitation, equipment, labor and materials, storage and travel costs and expenses; provided, however, that the Funding Partner shall be notified of the estimated amount of such additional expenses in connection with rescheduling of the Build Day. Notwithstanding the foregoing, in the event that the date of the Build Day is cancelled or changed as a result of the Community Partner's failure to satisfy its obligations in connection with the Project, then the Community Partner shall be liable to KaBOOM! and the Funding Partner for all such additional expenses related to the rescheduled Build Day. 4. Funding Partner Relations. KaBOOM! has a separate contract with the Funding Partner pursuant to which the Funding Partner has agreed to provide financial and human resources for the Project. In recognition of the Funding Partner's contribution of such resources, the Funding Partner shall receive first placement on any recognition materials developed for the Project, including playground signage, banners, T-shirts, press releases, website and newsletter stories, and flyers, and the Community Partner shall not solicit sponsors or donors in relation to the Project whose products or services directly compete with the products or services of the Funding Partner as identified to the Community Partner by KaBOOM! and/or the Funding Partner. In the event the Community Partner solicits other sponsors or donors, then the Community Partner shall not permit such sponsors or donors to compete with the Funding Partner for signage and sponsorship recognition. 5. Termination. In the event that the Community Partner fails to make the payments required under Section 1(a) or otherwise breaches this Agreement, KaBOOM! may terminate this Agreement upon written notice to the Community Partner of such termination. Furthermore, if either party is delayed or prevented from fulfilling any of its obligations hereunder by any cause beyond its reasonable control, including acts of God, acts or omissions of civil or military authorities, fire, strike, flood, riot, act of terrorism, war, transportation delay, or inability due to such causes to obtain required labor, materials or facilities, such party shall not be liable hereunder for such delay or failure and either party may terminate this Agreement if the other is unable to perform any obligation hereunder for a period longer than ten (10) calendar days due to such force majeure event, in which case KaBOOM! shall refund to the Community Partner any amounts paid to KaBOOM!, less expenses already committed and/or incurred prior to the date of such termination. If, upon termination as provided herein, the sum due KaBOOM! the by Community Partner exceeds the sum paid to KaBOOM! hereunder, the Community Partner shall pay KaBOOM! for any such additional sum due upon presentation of appropriate documentation within thirty (30) days of invoice. Except as set forth above, upon any termination, this Agreement shall become void and have no effect, and no party shall have any liability to the other party, except that nothing herein will relieve any party from liability for any intentional breach of this Agreement prior to such termination. 6. General Provisions. The Community Partner represents to KaBOOM! that all information provided by it to KaBOOM!, including in the Playground Profile Application, is true, correct and complete in all respects and does not omit any information relevant to the Project. Each party has all requisite power and authority, including any necessary approval by its governing body, to execute and deliver this Agreement, and to perform its obligations hereunder. This Agreement may not be assigned or transferred by either party without the prior written consent of the other party hereto. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors and permitted assigns, and where expressly stated, their affiliates and representatives. This Agreement shall be governed by and construed under the laws of the State of New York, without regard to conflicts of laws principles to the extent that the application of the laws of another jurisdiction would be required thereby. This Agreement may be altered, modified or amended only by a written document signed by both parties. This Agreement may be executed in two or more counterparts, each of which shall be an original and all of which, when taken together, shall constitute the same agreement and may be delivered by facsimile or electronic mail transmission with the same force and effect as if originally executed copies hereof were delivered. Any notices required or permitted to be given hereunder shall be sent by certified or registered United States mail, postage prepaid, by personal delivery addressed to the applicable party or by facsimile or electronic mail transmission (the receipt of which is confirmed) at the address set forth under such party's signature below. The Funding Partner shall be an intended third party beneficiary of Sections 1(b), (e), (f), (g), (h), (i) and (j) and Sections 2(b), 3, 4 and 6 of this Agreement and is entitled to enforce its rights under such sections as if it were a party to this Agreement. By executing this Community Partner Playground Contract where indicated below, each of KaBOOM! and the Community Partner agrees, as of the date identified above, to be legally bound by all of the terms and provisions set forth above. «CP» By: Name: «Signatory_1» Title: «Sig_1 _Title» Address: «S 1 _Address» T: «S1 Phone» «S 1 _Fax» e-mail: «S1 Email» «CP_2» «Signatory_2» «Sig_2_Title» «S2_Address» «S2_Phone» «S2_Fax» « S2 Email» KaBOOM!, Inc. By: Name: Gerry Megas Title: Chief Financial Officer Address: 4301 Connecticut Ave. Suite ML -1 Washington, DC 20008 T: (202) 464-6180 F: (202) 659-0210 e-mail: gmegas@kaboom.org Contact information for the person who should receive KaBOOM! invoices: Name:«Invoice_Name» Telephone number: «Invoice_Phone» Mailing Address: «Invoice_Address» COMMUNITY PARTNER PLAYGROUND AGREEMENT July 20, 2016 KaBOOM!, Inc. (referred to herein as KaBOOM!) is pleased that The City of Corpus Christi & BeautifyCity of Corpus Christi (referred to herein as the Community Partner) has agreed to collaborate with KaBOOM! and «FP» (referred to herein as the Funding Partner) in the construction of a new playground at Dilworth Park, 3000 Elgin ST, Corpus Christi, TX 78405 (the "Project"). This Community Partner Playground Agreement (this "Agreement"), which sets forth the Community Partner's obligations in connection with the Project and certain matters on which the parties have agreed, will, when executed by the duly authorized representatives of each party, supersede any prior agreements and represent the complete legally binding agreement between the parties regarding the Project. 1. Obligations of the Community Partner. The Community Partner shall work with KaBOOM! and the Funding Partner as well as community residents to design, plan and build the Project. By executing this Agreement, the Community Partner is unconditionally agreeing to each of the following obligations, in each case meeting the requirements provided by KaBOOM!: (a) Fundraising. In support of the Project, the Community Partner must contribute $8,500 USD to KaBOOM!, which will apply the funds directly to the purchase of playground equipment. KaBOOM! will invoice the Community Partner for such amount promptly following the execution of this Agreement, which amount must be paid in full at least thirty (30) days prior to the Project's Build Day (as defined below). (b) Prosect Site. (i) Ownership. At the time of execution of this Agreement, the Community Partner shall provide KaBOOM! with proof of land ownership evidenced by either a deed granting title to the property to the Community Partner or a letter from the property owner showing approval for the Project. The Community Partner is the owner of the playground in its entirety, for the lifetime of the playground, including the equipment and/or safety surfacing purchased by KaBOOM! and/or the Funding Partner. (ii) Permits. Prior to Build Day, the Community Partner shall obtain or cause to be obtained all necessary permits and licenses regarding the installation, possession and use of the playground in compliance with applicable laws and regulations. (iii) Preparation. The Community Partner shall ensure that the Project site is safe for volunteers and children, which responsibility includes: (1) recruiting fifteen (15) adult volunteers to participate in preparation activities two to three days prior to Build Day;(2) preparing the site for the installation of the Project at least two weeks before Build Day, which includes removing existing playground equipment, footers and safety surfacing, grading the land, removing fencing and performing soil tests; (3) conducting up to two (2) utility checks as reasonably requested by KaBOOM! with the appropriate utility companies, with the first test being completed on or before Design Day (as defined below) and with all utility check documentation provided upon completion to the KaBOOM! project manager who shall supervise the planning and installation of the playground (the "Project Manager"); and (4) conducting up to two (2) soil site tests as reasonably requested by KaBOOM!, with the first test being completed on or before Design Day and with all soil check documentation provided to the Project Manager upon completion. The Community Partner is responsible for undertaking any necessary risk mitigation should the soil be deemed unsafe for children and volunteers. (iv) Safety and Security. The Community Partner shall ensure the security of equipment, tools, supplies and well being of the adults and children from the beginning of the preparation activities until the conclusion of Build Day, including any postponement. (v) Maintenance. Maintenance of the playground facility and supervision of its use is the sole responsibility of the Community Partner. The Community Partner shall collaborate with KaBOOM! during the Project planning process to develop a maintenance program for the playground and, with the support of the property owner (if owner is a separate party), shall maintain the playground and the property before and after the Build Day to ensure a safe and attractive playspace. In furtherance of the foregoing, in the event any playground equipment included in the Project no longer is permitted for any reason to be located at its original site of construction or such site is no longer controlled by the Community Partner for any reason, then the Community Partner promptly shall notify KaBOOM! following its becoming aware of such situation and shall, at the Community Partner's sole cost and expense, take such steps as may be necessary to promptly and safely relocate the playground equipment (including any permanent signage and other fixtures) to an alternate site that serves children or to ensure that the successor controlling person of such site shall continue to make such playground available to children in the same manner contemplated as of the Build Day and maintain (or permit the Community Partner to maintain) such playground in accordance with the maintenance program. In addition, the Community Partner shall accept and maintain engineered wood fiber as playground safety surfacing, meeting standards established by Consumer Product Safety Commission guidelines, for the lifetime of the playground. Guidance and materials for the purpose of developing a maintenance plan for the playground are available, upon request, from the playground equipment and safety surfacing manufacturers, including Playworld Systems, Inc . (c) Design Day. The Community Partner agrees to host a KaBOOM!-facilitated "Design Day" with at least twenty (20) adult volunteers and twenty (20) children. Such adult volunteers shall remain engaged in the planning activities throughout the Project's planning process. (d) Build Day. The Community Partner shall recruit «Volunteers» adult volunteers from the community to participate in a one -day installation event for the Project, which is scheduled to occur on «BD_» and which is referred to herein as the Build Day. The Community Partner shall ensure that all volunteers sign a waiver. On the Build Day, the Community Partner shall provide food, water, tools, dumpsters, music and restroom facilities for all volunteers. (e) Promotion; Intellectual Property. The Community Partner shall seek prior approval from KaBOOM! and/or the Funding Partner for any materials that reference the Project or contain the name, trademarks, service marks, logos and other intellectual property (collectively, and together with all goodwill attached or which shall become attached to any of the them, the "Marks") of KaBOOM! and/or the Funding Partner, including press releases, fliers and promotional materials. The Community Partner acknowledges and agrees that each of KaBOOM! and the Funding Partner is the sole owner of all right, title and interest in and to its respective Marks. The parties acknowledge that KaBOOM! and the Funding Partner may take all steps to protect their Marks as they deem appropriate. Any use of the Marks will inure to the sole benefit of KaBOOM! or the Funding Partner (as applicable). The Community Partner shall not use the Marks in any manner that would harm the reputation of KaBOOM! or the Funding Partner or disparage or negatively reflect upon the Marks. Upon expiration of or termination of this Agreement for any reason, the Community Partner shall cease all use of the Marks. The Community Partner shall collaborate with KaBOOM! and the Funding Partner to secure media coverage for the Project. (f) Signage. The Community Partner shall allow the names and logos of KaBOOM! and the Funding Partner to be displayed on permanent playground signage, which shall be substantially in the form provided to the Community Partner during the application process and shall be 121/4 inches wide by 30'/4 inches tall and mounted on poles in a mutually agreed location. Playground Costs. The Community Partner is solely responsible for and shall hold KaBOOM! and the Funding Partner harmless from any costs incurred by the Community Partner for any prior site preparation, upgrades or improvements or any equipment or materials purchased to supplement those secured by KaBOOM!. (h) Warranty. The playground equipment and the safety -surfacing related to the Project may be covered under warranty by the applicable manufacturers, a copy of which may be obtained, upon request, from such manufacturers. The Community Partner acknowledges that any warranties and/or guarantees on any equipment or material are subject to the respective manufacturer's terms thereof, and the Community Partner agrees to look solely to such manufacturers for any such warranty and/or guarantee. Neither KaBOOM! nor the Funding Partner nor any of their respective affiliates, directors, officers, managers, partners, members, shareholders, employees, agents or representatives, have made nor are in any manner responsible or liable for any (g) representation, warranty or guarantee, express or implied, in fact or in law, relative to any equipment or material, including its quality, mechanical condition or fitness for a particular purpose. Insurance. BeautifyCity of Corpus Christi (or such other appropriate entity to which KaBOOM! consents in writing) shall obtain and maintain from no less than seven (7) days prior to the Build Day and through the first anniversary of the Build Day, commercial general liability insurance (providing coverage against liability for bodily injury, death and property damage that may arise out of or be based upon the use of the playground) with a limit of not less than one million dollars ($1,000,000) per occurrence. BeautifyCity of Corpus Christi shall also obtain and maintain worker's compensation insurance policies with statutory limits for the state in which the work is performed for their volunteer employees. Within seven (7) days from execution of this Agreement, BeautifyCity of Corpus Christi shall provide to KaBOOM! a copy of a certificate from its insurer indicating the nature, scope, duration and amount of insurance coverage, and naming KaBOOM! and the Funding Partner as additional insureds under such policy, which insurance shall be primary over any other insurance covering KaBOOM! and the Funding Partner and which policy shall provide that KaBOOM! and the Funding Partner be given at least thirty (30) days prior written notice of any change or cancellation of coverage. (j) Indemnification. Beautify Corpus ChristiTo the extent the law allows, the City shall indemnify and hold harmless KaBOOM!, the Funding Partner and their respective affiliates, directors, officers, managers, partners, members, shareholders, employees, agents and representatives from any and all losses, liabilities, claims, actions, fees and expenses (including interest and penalties due and payable with respect thereto and reasonable attorneys' and accountants' fees and any other reasonable out-of-pocket expenses incurred in investigating, preparing, defending or settling any action), including any of the foregoing arising under, out of or in connection with any breach of this Agreement, any actions associated with this Project or resulting from the use of any playground property and equipment, including those for personal injury, death, or property damage, except to the extent resulting from the gross negligence or willful misconduct of such indemnified person. This provision shall survive any termination or expiration of this Agreement. (k) Data and Reporting Requirements. The Community Partner shall (i) promptly following the confirmation of the Project, distribute one or more play -related surveys provided by KaBOOM! to its stakeholders, including parents/caregivers, volunteers, staff and board members, (ii) cause members of its planning committee to complete a post -build survey provided by KaBOOM! within 2 weeks from the Build Day and a 6 -month survey provided by KaBOOM! within 7 months from the Build Day. 2. Obligations of KaBOOM!. (a) Playground Build. KaBOOM! shall provide technical and organizational leadership and guidance for the Project and shall: (i) Coordinate Funding Partner participation, facilitate playground design, including regular planning meetings, and work with vendors to procure equipment and materials in a timely manner, except to the extent that safety surfacing other than engineered wood fiber is used, which shall be procured by the Community Partner. (ii) Manage construction logistics for the Project, coordinate playground site preparation activities with the Community Partner, inventory equipment and materials, and assure that the necessary tools and materials and other general supplies are available on the Build Day. (iii) Lead the Build Day activities, including the coordination of Build Day captains and volunteers. (iv) Make available certain educational and promotional materials related to the Project. (b) Inspection. KaBOOM!, in collaboration with the Community Partner, will secure a Certified Playground Safety Inspector to review the playground structure at the conclusion of the Build Day (or, if KaBOOM! assumes responsibility for the playground construction going beyond one day, at the conclusion of the installation) to ensure that the structure is safe and built to all appropriate standards and guidelines, unless the Build Day is not completed on the Build Day due to failure of the Community Partner, in which case the Community Partner shall secure the Certified Playground Safety Inspector. (c) Promotion. KaBOOM! will provide proposed promotional materials relating to the Project for the Community Partner's review and approval, which approval shall not be unreasonably withheld or delayed. (d) Website Listing. KaBOOM! will place the playground on its list of KaBOOM! builds on the KaBOOM! website and KaBOOM! will send information to the Community Partner on playground maintenance programming and enhancements. (e) Post -Build Day. The Community Partner shall (i) within one week following the Build Day, complete and submit a Post Build Report, in the form to be made available by KaBOOM!, and (ii) shall use its commercially reasonable efforts to provide, and otherwise shall cooperate in good faith with KaBOOM! regarding obtaining, such other information related to the Project as KaBOOM! from time to time may request. 3. Build Day Postponement. The Build Day shall not be postponed except when weather or other conditions jeopardize the safety of the volunteers or threaten the structural integrity of the playground. The decision to postpone the Build Day will be made by majority agreement of the representatives of KaBOOM!, the Community Partner and the Funding Partner, except where such decision must be made by KaBOOM! on the construction site and representatives of the Community Partner and the Funding Partner are not available for consultation. In the event that the Build Day is postponed, KaBOOM!, the Community Partner and the Funding Partner shall develop a plan for rescheduling the Build Day at the next earliest date possible for each party. The Funding Partner shall be responsible for all additional expenses related to the rescheduled Build Day, including, without limitation, equipment, labor and materials, storage and travel costs and expenses; provided, however, that the Funding Partner shall be notified of the estimated amount of such additional expenses in connection with rescheduling of the Build Day. Notwithstanding the foregoing, in the event that the date of the Build Day is cancelled or changed as a result of the Community Partner's failure to satisfy its obligations in connection with the Project, then the Community Partner shall be liable to KaBOOM! and the Funding Partner for all such additional expenses related to the rescheduled Build Day. 4. Funding Partner Relations. KaBOOM! has a separate contract with the Funding Partner pursuant to which the Funding Partner has agreed to provide financial and human resources for the Project. In recognition of the Funding Partner's contribution of such resources, the Funding Partner shall receive first placement on any recognition materials developed for the Project, including playground signage, banners, T-shirts, press releases, website and newsletter stories, and flyers, and the Community Partner shall not solicit sponsors or donors in relation to the Project whose products or services directly compete with the products or services of the Funding Partner as identified to the Community Partner by KaBOOM! and/or the Funding Partner. In the event the Community Partner solicits other sponsors or donors, then the Community Partner shall not permit such sponsors or donors to compete with the Funding Partner for signage and sponsorship recognition. 5. Termination. In the event that the Community Partner fails to make the payments required under Section 1(a) or otherwise breaches this Agreement, KaBOOM! may terminate this Agreement upon written notice to the Community Partner of such termination. Furthermore, if either party is delayed or prevented from fulfilling any of its obligations hereunder by any cause beyond its reasonable control, including acts of God, acts or omissions of civil or military authorities, fire, strike, flood, riot, act of terrorism, war, transportation delay, or inability due to such causes to obtain required labor, materials or facilities, such party shall not be liable hereunder for such delay or failure and either party may terminate this Agreement if the other is unable to perform any obligation hereunder for a period longer than ten (10) calendar days due to such force majeure event, in which case KaBOOM! shall refund to the Community Partner any amounts paid to KaBOOM!, less expenses already committed and/or incurred prior to the date of such termination. If, upon termination as provided herein, the sum due KaBOOM! the by Community Partner exceeds the sum paid to KaBOOM! hereunder, the Community Partner shall pay KaBOOM! for any such additional sum due upon presentation of appropriate documentation within thirty (30) days of invoice. Except as set forth above, upon any termination, this Agreement shall become void and have no effect, and no party shall have any liability to the other party, except that nothing herein will relieve any party from liability for any intentional breach of this Agreement prior to such termination. 6. General Provisions. The Community Partner represents to KaBOOM! that all information provided by it to KaBOOM!, including in the Playground Profile Application, is true, correct and complete in all respects and does not omit any information relevant to the Project. Each party has all requisite power and authority, including any necessary approval by its governing body, to execute and deliver this Agreement, and to perform its obligations hereunder. This Agreement may not be assigned or transferred by either party without the prior written consent of the other party hereto. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors and permitted assigns, and where expressly stated, their affiliates and representatives. This Agreement shall be governed by and construed under the laws of the State of New YorkTexas, without regard to conflicts of laws principles to the extent that the application of the laws of another jurisdiction would be required thereby. This Agreement may be altered, modified or amended only by a written document signed by both parties. This Agreement may be executed in two or more counterparts, each of which shall be an original and all of which, when taken together, shall constitute the same agreement and may be delivered by facsimile or electronic mail transmission with the same force and effect as if originally executed copies hereof were delivered. Any notices required or permitted to be given hereunder shall be sent by certified or registered United States mail, postage prepaid, by personal delivery addressed to the applicable party or by facsimile or electronic mail transmission (the receipt of which is confirmed) at the address set forth under such party's signature below. The Funding Partner shall be an intended third party beneficiary of Sections 1(b), (e), (f), (g), (h), (i) and (j) and Sections 2(b), 3, 4 and 6 of this Agreement and is entitled to enforce its rights under such sections as if it were a party to this Agreement. By executing this Community Partner Playground Agreement where indicated below, each of KaBOOM! and the Community Partner agrees, as of the date identified above, to be legally bound by all of the terms and provisions set forth above. City of Corpus Christi By: Name: Title: Address: 1201 Leopard Street Corpus Christi, Texas 78401 T: 361-826-3464 e-mail: play@cctexas.com The City of Corpus Christi By: Name: «Signatory_1» Title: «Sig_1_Title» Add resc: «S1 Addresc» T: «S1_Phone» «S1_Fax» c mail: «S1_Email» «Signatory_2» «Sig_2_Title» «S2 Address» «S2 Phone» « S2 Fax» «S2 Email» KaBOOM!, Inc. By: Name: Gerry Megas Title: Chief Financial Officer Address: 4301 Connecticut Ave. NW, Suite ML -1 Washington, DC 20008 T: (202) 464- 6180 F: (202) 659-0210 e-mail: gmegas@kaboom.orq Contact information for the person who should receive KaBOOM! invoices: Name:Stacie Talbert Anaya Mailing Address: Telephone number: 361-826-3464 PO Box 9277, Corpus Christi, Texas 78469-9277 Staciet@cctexas.com Contact information for the person who should receive KaBOOM! invoices: Name: «Invoice_Name» Telephone number: «Invoice_Phone» Mailing Address: Email: «Invoice_Email» Build it with KaBOOM! Project Summary play matters for all kids KaBOOM! is the national non-profit dedicated to the bold goal of ensuring that all children, particularly the 16 million American children living in poverty, get the balance of active play they need to become healthy and successful adults. KaBOOM! creates and catalyzes great places to play, inspires, empowers and leads play advocates, and educates and elevates the societal conversation about the importance of play in children's lives. KaBOOM! has been a powerful champion for play since its founding in 1996, working with partners to build, improve and open more than 15,000 playgrounds, engage more than 1,000,000 volunteers and serve more than 6,600,000 children. Contents Who's Who I Getting to Know the PLAYers Project Timeline Site Preparation & Construction Administrative & Legal Responsibilities Community Engagement 1 The Planning Committee KaBOOM! Corporate Sponsorship Policy KaBOOM! 4301 Connecticut Avenue, NW, Suite ML -1, Washington, DC 1 kaboom.org Who's Who 1 Getting to Know the PLAYers KaBOOM! The Community Outreach team at KaBOOM! is responsible for screening and guiding applicants for playground projects through the selection process and ultimately preparing organization/s for a community -led play space project. KaBOOM! will: Pair partners with a certified playground safety inspector Project Manager & Installer Provide coaching and guidance for approximately 8 — 10 weeks of project planning Facilitate Design Day in person, leading discussion around community building Facilitate Build Week in person, serving as a liaison between partners and vendors Support community's relationship with a sponsor, also known as a Funding Partner Offer tools and mentorship from our growing Playmaker Network for the community Community Partner 1 That's You! A Community Partner can be one or several child -serving non -profits serving a high need population in need of a safe place for children to play. We look for Community Partners who have a "Can Do" spirit, are prepared to take on the roles and responsibilities involved in completing a community -built playground project. Community Partners will: Build playspace that includes 2500 square foot playground with enhancement projects Form a committee of 10 — 15 community members working as a team on project planning Develop meaningful relationships to support community -build planning process Own or attain permission to build on available land Complete necessary site preparation Assume insurance, maintenance, and liability of the new play space Research and secure any necessary permits required locally to build play space Contribute a cash contribution towards the cost of equipment Host Design Day and Build Week Funding Partner 1 The Sponsor KaBOOM! has worked with more than 200 Funding Partners over the past 18 years to build more than 2,400 playgrounds, creating places to play for an estimated 6.6 million children. Many of our Funding Partners want to make an impact in specific geographic areas, such as where they are based or have a local office, so they designate the city they would like to build in and provide insight into the type of Community Partner with whom they are hoping to work. Funding Partners will: Generously donate the majority of funds needed for the playground project Select their Community Partner for the play space project Commit volunteers to help build the playground alongside community volunteers Establish a relationship with their KaBOOM! Community Partner Support our collective vision to promote and protect play through their networks KaBOOM! 4301 Connecticut Avenue, NW, Suite ML -1, Washington, DC 1 kaboom.org Project Timeline Confirming Selection Each Build It with KaBOOM! opportunity is extremely competitive. In order to consider potential organizations, KaBOOM! requires the submission of several key documents before the application is considered complete (see Administrative & Legal). When a Community Partner is selected by a Funding Partner, the general timeline between notifying Community Partner of their selection and meeting the Project Manager and Funding Partner is two weeks, although in some cases it may be more or less. During this time, selected partner(s) will want to mobilize all that expressed interest in their involvement. Design Day' The official kick off ...this is where the fun begins. It is when we give the true play experts—the kids—a chance to tell us what they would like to see on their new playground. Design Day is also the time to rally the community, get them committed to joining the planning committee and ask for their input on the playground design. Site Walk Youth Portion O 2+ hrs Community Meeting Site Walk 1 The purpose of the site walk is to familiarize the Project Manager with the site for the new playground with key representatives of the Construction committee and those knowledgeable about site preparation, applicable permitting, and installation decisions. Youth Portion 1 This energetic and heartwarming session is where children will be asked to draw and present their dream play spaces! A minimum of 20 children from the direct community and/or served by the partnering organization(s) must be present. Community Meeting 1 At least 20 adults should participate in this "town hall" type meeting, with the central goal of Design Day being to finalize a planning committee. Participants should be interested in taking on responsibility during the entire process. Build Week Prep Day 1 clqi30 volunteers 8 am — 5 pm Prep Day 2 30 volunteers 8 am — 5 pm Build tr 200 — 250 volunteers 8 am — 3 pm Prep Day volunteers take care of various jobs (unloading playground equipment, cutting lumber for enhancement projects, priming walls for murals, etc.). It is not always necessary to use both Prep Days if everything is accomplished on Prep Day 1, but you should be prepared to recruit for both days. Build Day typically runs from an 8 am arrival on site to a 3 pm ribbon cutting ceremony. Volunteers should plan to stay for the duration of the day. 1 Following Design Day, the Project Manager will submit the community's wish list to Playworld Systems. Playworld's designers will produce three (3) custom designs and the community will be responsible for picking the winning design. KaBOOM! 4301 Connecticut Avenue, NW, Suite ML -1, Washington, DC 1 kaboom.org Site Preparation & Construction Construction Committee The goal of this team is to prepare the site for the build and get the tools and materials needed as introduced during outreach and implemented during the planning process. 1. Site preparation — The Community Partner is responsible for the completion of site preparation. The entire playground footprint must be prepared to a flat, dirt surface with no more than a 2% grade and any existing playground equipment within this footprint must be removed. Different ground surfacing involves alternative preparation expectations that would be discussed during screening. Test holes will be requested by the Project Manager to get a sense for the challenges around hole digging. This must all be completed at least two weeks before Build Day. 2. Soil Testing — If selected, The Community Partner must have the soil tested of proposed playground site for levels of lead and arsenic prior to the Design Day. Partners may identify the lab of choice as long as they test for lead and arsenic. Past Community Partners have used the following company with success: testamericainc.com/locations/locationmap.htm. It is the community partners' responsibility to have the results analyzed according to local standards to see if the levels are acceptable. If levels are too high, it is the Community Partner's responsibility to remediate the soil appropriately. 3. Utility Check — If selected, the Community Partner must have public and private utility checks completed. The public utility check should be a free service from utility providers. The first check must happen right after a site is selected and completed by Design Day so any utility lines that will affect the design of the playground can be taken identified when the playground is designed. It is the responsibility of the Community Partner to extend the utility check to cover the Build Week, when holes will be dug for the playground. 4. Signage — A sign welcoming visitors to the playground will be installed near the entrance of the playground. The Welcome Sign is two-sided and measures 30.25 inches by 12.25 inches. The language on the sign will include the appropriate age range of the playground as decided by the Community Partner as well as the organization's logo(s) and the logos of KaBOOM! and the Funding Partner. 5. Tools — The community is collectively responsible for providing the tools necessary for the Prep Days and Build Day. We encourage communities to find ways to gather the required tools through lending and by involving other community groups or members in the project, saving the cost of purchasing the tools. Some cities have public tool banks, which is a great place to start. KaBOOM! 4301 Connecticut Avenue, NW, Suite ML -1, Washington, DC 1 kaboom.org Sample Tool List & Sample Pictures Wheelbarrows (15) Spade shovels (30) Rock/metal rakes (30) Digging bars (2 - 3) Manual post hole diggers (5) Cement (or garden) hoes (15) Garden hoses (2 - 3) with Spray Nozzles Power Strips/Cord Splitters (5) Pop Up Tents (4) Skid Steer (1) 6' & 8' Step Ladders (2 — 3 each) 4 Ib. Mini Sledge & 8 Ib. Sledge Hammers (2 each) Claw Hammers (10) Tamps (3) Corded Drills (10+) Cordless Drills with Chargers (5+) 25' & 100' Extension Cords (5 each) Garbage Cans (3-5) Tables (15) & Chairs (60) 12" & 18" Auger Bits dig Metal Rakes Cement Mortar Hoes 41 Manual Post Hole Diggers Digging Bar 12" Miter Saw Drills (Cordless / Corded) Spade Shovels 1111101 Wheelbarrows Tam p 6' & 8' Step Ladders Sample Enhancement Projects Work with a KaBOOM! Project Manager to identify projects that will transform your outdoor space for community gatherings and activities. More examples can be found on our website. Mendocino Bench Picnic Tables Wooden Shade Structure Asphalt Games / Painting Planter Bench Gardening KaBOOM! 4301 Connecticut Avenue, NW, Suite ML -1, Washington, DC 1 kaboom.org Administrative & Legal Responsibilities 1. Community Partner Agreement — KaBOOM! requires potential Community Partner(s) to review and approve the draft Community Partner Agreement by any legal or board review, before moving ahead in the competitive application process. Referred to as a Letter of Agreement (LOA), we cannot fully consider any organization until this document has been reviewed and approved by all necessary parties. You do not need to fill out the template. Please direct any questions or comments to your Community Outreach team member immediately. 2. Land Ownership — Community Partners must provide either proof of land ownership (a copy of the deed, tax records, or a property survey) or a copy of their current lease and a Letter of Permission from the landowner. KaBOOM! will provide the template letter in the latter case. 3. Insurance — Community Partners must be able to provide insurance for the playground amounting to one million dollars in commercial liability insurance or equivalent, as well as add KaBOOM! and the Funding Partner as `additional insured' parties for the Build Week and one year thereafter. Proof of insurance must be submitted to KaBOOM! 30 days prior to the Build Day. Insurance is not required to be in place until Build Week. For self-insured entities, the self-insurance must be primary for the same amount of time. It is imperative that applicants check in with their insurance broker to ensure this can be completed. 4. Permitting — Community Partners must determine whether or not they need a permit to build a playground at the proposed site. Identifying the process for obtaining and ultimately obtaining a permit (if applicable) can be time consuming; it is important to understand these requirements during the selection process, so that KaBOOM! and the community partner can meet timelines required by any applicable permit. Prior to the KaBOOM! Build Day, securing a permit is the sole responsibility of the Community Partner. 5. Community Contribution — Community Partners are responsible for raising a financial contribution of $8,500 for the project, which may be raised using a combination of existing funds, grassroots fundraising and local business support.2 This cash contribution is due to KaBOOM! 30 days before the Build Day and goes directly toward the playground equipment costs. 6. Playground Surfacing — Build it with KaBOOM! Grants include Engineered Wood Fiber (EWF). EWF is safe and ADA compliant under play structures, as long as it is regularly raked to an even, deep distribution. Community Partners interested in alternative forms of safety surfacing are responsible for fully securing the funds for site preparation, completing site preparation in advance, purchase, and installation of alternative safety surfacing. 2 KaBOOM! encourages Community Partners to reach out to local organizations for support, but please be aware that KaBOOM! enforces a Corporate Sponsorship Policy which we ask all Community Partners to abide by to ensure that the Funding Partner receives primary acknowledgement and that no competitors of the Funding Partner are solicited for support. KaBOOM! 4301 Connecticut Avenue, NW, Suite ML -1, Washington, DC 1 kaboom.org Community Engagement 1 The Planning Committee Planning Committee3 Committee Chairs and the Planning Committee make up the core of every KaBOOM! project. If selected, Community Partners are responsible for identifying Chairs and recruiting 10-15 committed individuals who will drive the project forward to ensure success, as well as focusing on the lasting impact the project can have on the community. Planning Committee members should be available to participate in a one-hour weekly conference call with the Funding Partner and KaBOOM! Project Manager as well as commit to time in-between calls to fulfill responsibilities. A toolkit with resources for all planning committee teams can be found on our website, here. The Planning Committee will be broken down into the following Leaders & Teams Main Points of Contact / Committee Chairs Champion community engagement throughout the process Track & celebrate the community's accomplishments on a weekly basis Play Chair Identifies a volunteer to lead a playful warm-up during Build Day kick-off Develop ways for children to participate in the project from the beginning to the end Teach & mentor youth about volunteerism & instilling ownership of the playground Facilitate play activities into the planning process build day and post -build Criteria: creative, responsible and good with children We've heard from our alumni that there is significant impact made on the individual child who is a part of the planning and implementation of a KaBOOM! project. Ideas for encouraging and supporting youth involvement are available on our website. Recruitment Team Helps recruit 30 volunteers on Prep Day 1 and Prep Day 2 Helps recruit and track anywhere from 75 — 200 community volunteers for Build Day At least half of the volunteers should be community members, residents, and/or parents Secures a sound system with mic to play music and make announcements during build day Identifies a photographer and/or videographer to document Build Day Fundraising Team By contributing to the project financially, the community gains greater ownership of their playground and this helps ensure long term care and maintenance. Prepares a solicitation letter and distributes to potential community supporters Hosts fundraising events that encourages broad community support and contribution Tracks donations and submits payment of $8,500 to KaBOOM! in a timely fashion 3 At least 50% of the Planning Committee must be non -staff, including parents, grandparents or guardians of children served by the partnering organization, as well as interested residents and community members. KaBOOM! 4301 Connecticut Avenue, NW, Suite ML -1, Washington, DC 1 kaboom.org Food Team This team will build new relationships and help shine a light on the project and the great work communities are doing with businesses that are a part of the community. Feeds volunteers a healthy and easy to serve breakfast & lunch all 3 days of build week Provides healthy snacks & beverages to keep volunteers hydrated all 3 days of build week Develops a plan for serving, distributing, and cleaning up a designated food area Ensures that there are suitable vegetarian options Logistics Team Secures a storage area to store the equipment once it is delivered Ensures restrooms are accessible for volunteers Identifies running water & electrical sources for build week Secures a 40 cubic yard dumpster and recycling container Knowledgeable about what debris from Build Day can be recycled or reused Develops a plan for on-site safety Secures a First Aid/CPR certified volunteer for each day of build week PR Team This team will be responsible for presenting this project to the community at large and to volunteers on Build Day. Participates in a PR specific call approximately 2 weeks after Design Day Generates press, publicity and social media materials announcing the project All materials must be sent to your KaBOOM! Project Manager prior to distribution KaBOOM! Corporate Sponsorship Policy Please be aware that KaBOOM! has a Corporate Sponsorship Policy that all Community Partners must abide by to ensure that contributions from the Funding Partner are appropriately acknowledged: Volunteers recruited from organizations or companies should be in groups of 10 or less No branded clothing or signage from groups other than the Community and Funding Partner may be worn during build week Volunteers cannot wear any hats, shirts, buttons, etc. identifying them as part of another group or organization Only the Funding Partner, Community Partner and KaBOOM! will have permanent signage or recognition on the project site Community Partners cannot solicit support from direct competitors of the Funding Partner If a restaurant donates food, they may include menus or cards on the serving table Other organizations and companies may be thanked by making one large banner recognizing all project supporters 4 In most cases, the KaBOOM! project budget can cover the expense of a temporary storage container, its delivery and pick-up from site. KaBOOM! 4301 Connecticut Avenue, NW, Suite ML -1, Washington, DC 1 kaboom.org AGENDA MEMORANDUM First Reading Item for the City Council Meeting of July 26, 2016 Second Reading Item for the City Council Meeting of August 9, 2016 DATE: TO: July 5, 2016 Margie C. Rose, City Manager FROM: Stacie Talbert Anaya, Interim Director, Parks and Recreation Department StacieT@cctexas.com 361-826-3460 Sister City Committee Ordinance Update and Memorandum of Agreement with the Convention and Visitors Bureau CAPTION: Ordinance amending City Code of Ordinances regarding Sister City Committee and authorizing the City Manager of designee to execute a Memorandum of Agreement with the Corpus Christi Convention and Visitors Bureau regarding management of the committee. PURPOSE: Approve proposed updates to City Code of Ordinances regarding the Sister City Committee and authorize the city manager to execute the Memorandum of Agreement (MOA) with the Corpus Christi Convention and Visitors Bureau (CVB) to manage the committee. BACKGROUND AND FINDINGS: The Corpus Christi Sister City Committee was established in 1962 and formed to promote awareness of social, cultural, political, and economic issues in the world which leads to international understanding and educates and prepares our people for the global economy. Since its formation, the committee has led various programs, projects and events including: the Student and Fireman Exchange Program, Sister City Delegation visits, Sister City's Parkway and Elementary school peace poles and flags at the Airport, International Young Artists Program, Toledo, Spain Art & Music Exchange Programs, Wheelchairs for Peace, Keelung Port Agreement signed in 1999 and an International Expo with 140 exhibitors. The current list of our sister cities includes: • Yokosuka, Japan • Veracruz, Mexico 1986 • Keelung, Taiwan 1987 • Toledo, Spain 1989 • Monterrey, Mexico 1993 • Agen, France 1996 • Playa del Carmon, Mexico 2007. However, in recent years the committee has struggled. Since the reduction of city funding in 2009, the committee has struggled with lack of administrative support, a singular focus on the student exchange program and meeting quorum has been difficult for the 15 member At -large committee (they have not officially met since September 2015). The CVB and the Parks and Recreation Department have been working on a proposal that would allow the Corpus Christi Convention and Visitors Bureau to administer the Sister City Committee and restructure its existing ordinance and bylaws to strengthen its impact on tourism, economic development and international relations. The changes to the ordinance include modifying the membership of the steering committee from fifteen (15) to nine (9) members representing the following categories: Economic Development, Greater Corpus Christi Hospitality Association, Port Industries, Chambers of Commerce, Higher Education institution, Advertising/Public Relations sector; Arts/Culture sector and two (2) at -large members. In addition, the requirement of a subcommittee for each sister city will be removed and subcommittees will be developed once the officers for the committee are selected. The City Council will continue to appoint the members of the steering committee. In order for the CVB to administer the program, an MOA should be executed to create formal expectations and guidelines. The proposed MOA establishes expectation for the administration of the program, sets formal lines of communication from the CVB to the Parks & Recreation Department, provides the CVB annual funding of $6,000 for administrative and marketing purposes. The initial term of the MOA is two years with options to continue on a year-to-year basis thereafter. Sister City International's (SCI) mission to promote peace through mutual respect, understanding, and cooperation — one individual, one community at a time. SCI's programs focus on four main areas of exchange: arts and culture, youth and education, business and trade, and community development and technical exchange to connect citizens around the globe. ALTERNATIVES: Do not approve the changes to the ordinances or execute the contract. Continue current administration of the program OTHER CONSIDERATIONS: none CONFORMITY TO CITY POLICY: City policy requires changes to ordinance regarding City Boards and Committees be approved by City Council. EMERGENCY / NON -EMERGENCY: non -emergency DEPARTMENTAL CLEARANCES: City Secretary's Office Legal Department FINANCIAL IMPACT: X Operating Revenue Capital Not applicable Fiscal Year: 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 6,000 6,000 Encumbered / Expended Amount This item BALANCE 6,000 6,000 Fund(s): Local Hotel Occupancy Tax Fund 1030 Comments: none RECOMMENDATION: Approve both the proposed changes to the ordinance and execution of the MOA. LIST OF SUPPORTING DOCUMENTS: Ordinance, Memorandum of Agreement, Presentation Ordinance amending City Code of Ordinances regarding Sister City Committee and authorizing the City Manager or designee to execute a Memorandum of Agreement with the Corpus Christi Convention and Visitors Bureau regarding management of the committee NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That Chapter 2 of the City Code of Ordinances, Article IV, Division 13, is amended regarding Sister City Committee, by deleting the redlined struck through text, and adding the underlined text, as follows: DIVISION 13. - SISTER CITY COMMITTEE Sec. 2-150. - Creation and general duties. There is hereby created an advisory committee to the city council to be known as the Corpus Christi Sister City Committee. It shall be the duty of the committee to study ways and means of improving relations with Corpus Christi sister cities and to advise and consult with and assist the mayor, the city council, the city manager and all other city agencies, boards and officials in accomplishing the purposes of the sister city program. In carrying out its program and duties, the committee shall: (1) Enlist the cooperation of all racial, religious, educational, community, civic, labor, fraternal and benevolent associations and all other groups, associations and societies and all constructive community forces and talents that would be helpful in discharging its duties; (2) Cooperate with federal, state and city agencies, citizens, citizens organizations, the local boards of education and parochial and private schools in formulating and developing courses of education and program& economic development and tourism opportunities to stimulate the interest of the entire population in accomplishing the objectives of the committee; (3) Adopt rules for the transaction of business; (4) Receive all requests and instructions from the mayor and the city council relative to the committee's function established herein and respond if it may be thus requested or instructed; Endeavor to coordinate the efforts of all cooperating groups in maintaining and developing sister city relations; (5) Page 1 (6) Cooperate with all state, regional and federal agencies in the implementation and conduct of sister city activities. (Ord. No. 029687, § 1, 11-20-2012) Sec. 2-151. - Steering committee. The sister city committee shall consist of a steering committee and various subcommittees. The steering committee shall consist of fiftccn (15) nine (9) members who shall be broadly representative of racial, religious and ethnic groups in the community. The members shall be appointed by the city council and shall serve three-year terms or until their successors are appointed and qualified. The steering committee shall be responsible for the overall administration and implementation for the city's sister city program. The steering committee shall be comprised of representatives of the following categories: Economic development sector; Greater Corpus Christi Hospitality Association; Port Industries of Corpus Christi; Corpus Christi Chamber of Commerce; Higher education institution; Advertising/public relations; Arts/cultural; and Two (2) at large. In addition, representatives from the following City departments shall serve as ex - officio, nonvoting members of the steering committee: Mayor's Office, Corpus Christi International Airport, and Parks and Recreation. (Ord. No. 029687, § 1, 11-20-2012) Sec. 2 152. Subcommittee for each sister city. There shall bc a subcommittcc for ach cistcF +t erizcd-by-rccoIution „f the city council. The mcmbcrs of ach such subcommittcc shall bc appointcd by thc numbcr of mcmbcrs from thc stccring committcc plus any numbcr of mcmbcrs from thc Page 2 committcc, for primary study, liaison and rccommcndations for cach sistcr city. (Ord. No. 029687, § 1, 11-20-2012) Sec. 2 1532 152. Other sSubcommittees. The steering committee may appoint any other subcommittee as in its judgment will aid it in carrying out its duties. The steering committee shall determine the membership of each said subcommittee, its duties and chairman. The membership of each said subcommittee shall consist of members of the steering committee and, at the option of the steering committee, members from the community at large. (Ord. No. 029687, § 1, 11-20-2012) Sec. 2 15'12 153. - Officers. The officers of the steering committee shall consist of a general chairman [and] and vice: -chairman for cach of thc sistcr city subcommittccs cstablishcd in accordancc with cection 2 152. The chairman and ach vice-chairman shall be elected by majority vote of the sister city committee annually. If the general chairman is absent, a vicc chairman shall be cicctcd from thc committcc to the vice -chair shall serve as general chairman during his/her absence. (Ord. No. 029687, § 1, 11-20-2012) Sec. 2 1552 154. - Minutes, etc. The steering committee shall keep minutes of activities and furnish copies of said minutes to the •• (20) days of cach committcc mcctingCity Secretary annually. records to the council at any time upon request. its meetings and records of its (Ord. No. 029687, § 1, 11-20-2012) Sec. 2 1562 155. - Funds. It shall also furnish its The steering committee is authorized to solicit and receive funds in the name of City of Corpus Christi with the funds to be used solely for the furtherance of the purposes of the steering committee. All funds received shall be deposited with the finance department of the city to be accounted for in a trust fund account entitled "Sister City Page 3 Account." Disbursements out of the "Sister City Account" will be made upon written recommendation of the steering committeeCorpus Christi Convention and Visitors Bureau Chief Executive Officer or designee and approval of the director of park and recreation department with all such disbursements being in compliance with the City Charter and ordinances pertaining to the disbursement of city funds. Ord. No. 029687, § 1, 11-20-2012) Secs. 2-157-2-159. - Reserved. SECTION 2. That the City Manager or designee is authorized to execute a Memorandum of Agreement with the Corpus Christi Convention and Visitors Bureau regarding management of the committee SECTION 3. In the event of any conflict between any other ordinances and the changes made by this Ordinance, the provisions of this Ordinance shall control with respect to the Sister City Committee. This ordinance takes effect upon final City Council approval. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Page 4 Page 1 of 9 MEMORANDUM OF AGREEMENT With the Corpus Christi Convention & Visitors Bureau Regarding City of Corpus Christi Sister City Committee Whereas, the City of Corpus Christi has established a Sister City Committee to study ways and means of improving relations with the Corpus Christi Sister Cities and to advise and consult with and assist the Mayor and City Council and all other City agencies, boards and officials in accomplishing the purposes of the Sister City program; Whereas, the City of Corpus Christi currently is Sister City with the following cities: Agent France; Toledo, Spain; Yokosuka, Japan; Keelung, Taiwan; Veracruz, Mexico; Monterrey, Mexico, and Playa Del Carmen, Mexico; collectively the "Sister Cities"; Whereas, the Sister City Committee has traditionally coordinated the high school exchange program and host dignitaries from the Sister Cities; Whereas, the Corpus Christi Convention & Visitors Bureau ("CCCVB") has expertise in expanding tourism to the City and interested to work with the Corpus Christi Sister Cities to explore opportunities to increase conventions and visitors to the area; Now, therefore, this Memorandum of Agreement is made by and between the City of Corpus Christi, "the City") and the Corpus Christi Convention & Visitors Bureau. By signature below, the parties agree as follows: Section 1. Purpose. The purpose of this MOA is for the City of Corpus Christi, acting through its Sister City Committee, and the Corpus Christi Convention & Visitors Bureau to explore opportunities to expand tourism and economic development relationships with the Corpus Christi Sister Cities. Section 2. Term. This Agreement shall be two years, effective upon last signature. Thereafter, the MOA shall continue on a year to year basis, unless terminated by either party upon six months' notice. Section 3. Services to be provided by the Corpus Christi Convention & Visitors Bureau 3.1 Provides administrative staff support including agenda coordination and preparation, prepares and submits minutes to the Sister City Committee for review at the following monthly meeting, submits approved minutes to the City Secretary, calendars events for the Sister City Committee, performs routine correspondence and in general performs all administrative duties associated with the Corpus Christi Sister City Committee. 3.2 Explores opportunities with the Sister City Committee to expand economic development and tourism with the Corpus Christi Sister Cities. 3.3 Keeps the City Director of Parks and Recreation ("Director") informed regarding CCCVB efforts to expand economic development and tourism with the Corpus Christi Sister Cities. 3.4 CCCVB must recognize the City of Corpus Christi as a contributor on all advertisements and publications regarding CCCVB's activities regarding the Sister City Committee. 3.5 CCCVB must provide Director with a copy of all CCCVB-sponsored advertising and promotion materials regarding the Sister City Committee. Page 2 of 9 3.6 CCCVB will ensure the establishment of a subcommittee established to coordinate the Student Exchange Program which is funded through the fundraising efforts of the program. Section 4. Duties to be provided by the City of Corpus Christi 4.1 Determines membership of the Sister City Committee members. 4.2 Provides letter of introduction to Corpus Christi Sister Cities of the expanded role of the CCCVB. 4.3 Subject to the City's annual budget process and appropriation of funds, provides annual funding to the CCCVB no later than October 31 in the amount of $6,000.00 to be used by the CCCVB for the administrative and marketing purposes for the Sister City Committee. Section 5. Use of Hotel Occupancy Tax funds The following provisions govern any use of municipal hotel occupancy tax funds provided to CCCVB under this Agreement: 5.1 Use of any municipal hotel tax funds provided by City under this Agreement to CCCVB is limited to those activities that, without exception, meet all three of the following requirements, herein referred to as "Activities": (A) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; (B) the activities are in the categories that are eligible for funding as described in Section 351.101(a)(3) of the Texas Tax Code, copy attached as "Exhibit"; and (C) the activities promote tourism, the meeting and convention industry, or the hotel industry within the City of Corpus Christi. 5.2 The CCCVB will provide an annual report ("Report") to the Director of Parks and Recreation ("Director"). The Director, or designee, shall review this Report to verify whether the funding provided to CCCVB was spent in accordance with the requirements in this Agreement. The Report must include the following criteria: Written assurance to City that all Activities funded by the City served to promote tourism of the community. This shall be evidenced by providing the City with a written description of CCCVB's marketing or advertising strategy. 5.3 CCCVB must at all times during the term of this Agreement, and for five years following the expiration of the Agreement, keep true, accurate, complete, and auditable records. CCCVB agrees to: (A) make annual reports to the City of its revenues and expenditures from the hotel tax funds provided under this agreement; and (B) make records of these expenditures available for review to the City. 5.4 Should the City Director of Parks and Recreation determine within five years from effective date of this Agreement that CCCVB has failed to comply with the requirements contained in this Agreement, all funds must be repaid to the City. This provision shall survive termination or expiration of this Agreement. 5.5 Upon termination of this Agreement, CCCVB must promptly refund to City any unexpended hotel occupancy tax funds. Page 3 of 9 5.6 CCCVB must recognize the City of Corpus Christi as a contributor on all Sister City Committee advertisements and publications regarding Sister City Committee Activities. CCCVB must provide Director with a copy of all CCCVB-sponsored advertising and promotion materials regarding its Sister City Committee Activities. Section 6. Termination of Contract The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the CCCVB at the address of record. Section 7. Notices. Any notices under this Agreement must be provided as follows: To the City of Corpus Christi: City of Corpus Christi Attn: Director of Parks and Recreation P. O. Box 9277 Corpus Christi, Texas 78469-9277 To the Corpus Christi Convention & Visitors Bureau: Corpus Christi Convention & Visitors Bureau Attn: Chief Executive 101 N. Shoreline Blvd. Suite 430 Corpus Christi, Texas 78401 Section 8. Disclosure of interest. CCCVB agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. Section 9. Certificate of interested Parties. CCCVB agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of "interested parties". These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https:/1www.ethics.state.tx.us/whatsnew/elf info_form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/Ieoal/ch46.html. Section 10. Conflict of Interest. CCCVB 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. Page 4 of 9 Section 11. Insurance. CCCVB agrees to comply with the attached insurance requirements. Section 12. Indemnity. CCCVB agrees to fully indemnify, save and hold harmless City, its officers, employees, and agents (hereinafter "the Indemnitees'j 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 be in any way connected with, performance pursuant to this Contract or any operations or activities thereunder, regardless of whether the injury, loss, or damage shall be caused by, or claimed to be caused by, in whole or in part, the negligence or other fault of the Indemnitees or any of them. CCCVB shall at its own expense investigate all these claims and demands, attend to their settlement or other disposition, defend all actions based thereon and pay all charges of attorneys and all other costs and expenses of any kind arising from the liability, damage, loss, claims, demands, and actions. Section 13. Approval. All parties identified below agree to the provisions and terms of this Agreement. s Christi Convention & Visitors City of Corpus Christi Burea Name: Title: Date: 1L? Approved as to form: 1- t I L By: Lisa Aguilar, Assint City Attomey By: e) Name: Title: Date: EXHIBIT Texas Tax Code § 351.101. USE OF TAX REVENUE. Page 5 of 9 (a) Revenue from the municipal hotel occupancy tax may be used only to promote tourism and the convention and hotel industry, and that use is limited to the following: (1) the acquisition of sites for and the construction, improvement, enlarging, equipping, repairing, operation, and maintenance of convention center facilities or visitor information centers, or both; (2) the furnishing of facilities, personnel, and materials for the registration of convention delegates or (3) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; (4) the encouragement, promotion, improvement, and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution, and exhibition of these major art forms; (5) historical restoration and preservation projects or activities or advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums: registrants; (A) at or in the immediate vicinity of convention center facilities or visitor information centers; or (B) located elsewhere in the municipality or its vicinity that would be frequented by tourists and convention delegates; (6) for a municipality located in a county with a population of one million or less, expenses, including promotion expenses, directly related to a sporting event in which the majority of participants arc tourists who substantially increase economic activity at hotels and motels within the municipality or its vicinity; (7) subject to Section 351.1076, the promotion of tourism by the enhancement and upgrading of existing sports facilities or fields, including facilities or fields for baseball, softball, soccer, flag football, and rodeos, if: (A) the municipality owns the facilities or fields; (B) the municipality: (i) has a population of 80,000 or more and is located in a county that has a population of 350,000 or less; (ii) has a population of at least 75,000 but not more than 95,000 and is located in a county that has a population of less than 200,000 but more than 160,000; (iii) has a population of at least 36,000 but not marc than 39,000 and is located in a county that has a population of 100,000 or less that is not adjacent to a county with a population of more than two million; (iv) has a population of at least 13,000 but less than 39,000 and is located in a county that has a population of at least 200,000; (v) has a population of at least 70,000 but less than 90,000 and no part of which is located in a county with a population greater than 150,000; (vi) is located in a county that: (a) is adjacent to the Texas -Mexico border; (b) has a population of at least 500,000; and (c) does not have a municipality with a population greater than 500,000; (vii) has a population of at least 25,000 but not more than 26,000 and is located in a county that has a population of 90,000 or less; (viii) has a population of at least 7,500 and is located in a county that borders the Pecos River and that has a population of not more than 15,000; (ix) is located in a county that has a population of not more than 300,000 and in which a component university of the University of Houston System is located; or (x) has a population of at least 40,000 and the San Marcos River flows through the municipality; and (C) the sports facilities and fields have been used, in the preceding calendar year, a combined total of more than 10 times for district, state, regional, or national sports tournaments; (8) for a municipality with a population of at least 70,000 but less than 90,000, no part of which is located in a county with a population greater than 150,000, the construction, improvement, enlarging, equipping, repairing, operation, and maintenance ofa coliseum or multiuse facility; Page 6 of 9 (9) signage directing the public to sights and attractions that are visited frequently by hotel guests in the municipality; (10) the construction of a recreational venue in the immediate vicinity of area hotels, if: (A) the municipality: (1) is a general -law municipality; (11) has a population of not more than 900; and (iii) does not impose an ad valorem lax; (13) not more than $100,000 of municipal hotel occupancy tax revenue is used for the construction of the recreational venue; (C) a majority of the hotels in the municipality request the municipality to construct the (D) the recreational venue will be used primarily by hotel guests; and (E) the municipality will pay for maintenance of the recreational venue from the municipality's general fund; (1 1) the construction, improvement, enlarging, equipping, repairing, operation, and maintenance of a coliseum or multiuse facility, if the municipality: (A) has a population of at least 90,000 but less than 120,000; and (B) is located in two counties, at least one of which contains the headwaters of the San Gabriel River; and (12) for a municipality with a population of more than 175,000 but less than 225,000 that is located in two counties, each of which has a population of less than 200,000, the construction, improvement, enlarging, equipping, repairing, operation, and maintenance of a coliseum or multiuse facility and related infrastructure or a venue, as defined by Section 334.001(4), Local Government Code, that is related to the promotion of tourism. (b) Revenue derived from the tax authorized by this chapter shall be expended in a manner directly enhancing and promoting tourism and the convention and hotel industry as permitted by Subsection (a). That revenue may not be used for the general revenue purposes or general governmental operations of a municipality. (c) The governing body of a municipality by contract may delegate to a person, including another governmental entity or a private organization, the management or supervision of programs and activities funded with revenue from the tax authorized by this chapter. The governing body in writing shall approve in advance the annual budget of the person to which it delegates those functions and shall require the person to make periodic reports to the governing body at least quarterly listing the expenditures made by the person with revenue from the tax authorized by this chapter. The person must maintain revenue provided from the tax authorized by this chapter in a separate account established for that purpose and may not commingle that revenue with any other money. The municipality may not delegate to any person the management or supervision of its convention and visitors programs and activities funded with revenue from the tax authorized by this chapter other than by contract as provided by this subsection. The approval by the governing body of the municipality of the annual budget of the person to whom the governing body delegates those functions creates a fiduciary duty in the person with respect to the revenue provided by the tax authorized by this chapter. (d) A person with whom a municipality contracts under this section to conduct an activity authorized by this section shall maintain complete and accurate financial records of each expenditure of hotel occupancy tax revenue made by the person and, on request of the governing body of the municipality or other person, shall make the records available for inspection and review to the governing body or other person. (e) Hotel occupancy tax revenue spent for a purpose authorized by this section may be spent for day-to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costs only if those administrative costs are incurred directly in the promotion and servicing expenditures authorized under Section 351.10I(a). If a municipal or other public or private entity that conducts an activity authorized under this section conducts other activities that are not authorized under this section, the portion of the total administrative costs of the entity for which hotel occupancy tax revenue may be used may not exceed the portion of those administrative costs actually incurred in conducting the authorized activities. (f) Municipal hotel occupancy tax revenue may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. (g) Nothing in this section shall prohibit any private entity, person, or organization from making subgrants by contract to any other person, entity, or private organization for expenditures under Section 351.101(a)(4). A subgrantee shall: recreational venue; ( I ) at least annually make periodic reports to the governing body of its expenditures from the tax authorized by this chapter; and (2) make records of these expenditures available for review to the governing body or other person. (h) In addition to the uses authorized by Subsection (a), a municipality described by Subsection (a)(7)(B)(viii), as added by Chapter 546 (S.B. 585), Acts of the 83rd Legislature, Regular Session, 2013, may use revenue derived from Page 7 of 9 the tax authorized by this chapter to promote tourism and the convention and hotel industry by constructing, maintaining, or expanding a sporting -related facility owned by the municipality if: (1) the majority of the events at the facility involve participants staying at hotels in the municipality; (2) for a fiscal year, the municipality docs not reduce the amount of that revenue that it uses for a purpose described by Subsection (a)(3) to an amount that is less than the lesser of: (A) the amount of that revenue used by the municipality for that purpose during the municipality's 2015 fiscal year; or (B) the total amount of that revenue received in the fiscal year. (1) In addition to the purposes provided by Subsection (a), a municipality that has a population of at least 75,000 but not more than 95,000 and that is located in a county that has a population of more than 160,000 but less than 200,000 may use revenue from the municipal hotel tax to promote tourism and the convention and hotel industry by constructing, operating, or expanding a sporting related facility or sports field owned by the municipality, if the majority of the events at the facility or field are directly related to a sporting event in which the majority of participants arc tourists who substantially increase economic activity at hotels in the municipality. (j) In addition to the purposes provided by Subsection (a), a municipality that has a population of not more than 5,000 and at least part of which is located less than one-eighth of one mile from a space center operated by an agency of the federal government may use revenue from the municipal hotel occupancy lax for expenses, including promotion expenses, directly related to a sporting event in which the majority of participants are tourists who substantially increase economic activity at hotels and motels within the municipality or its vicinity. (k) In addition to other authorized uses, a municipality that is intersected by both State Highways 71 and 95 may use revenue from the municipal hotel occupancy tax for the promotion of tourism by the enhancement and upgrading of an existing sports facility or field as specified by Subsection (a)(7), provided that the requirements of Subsections (a)(7)(A) and (C) arc met. and Page 8 of 9 EXHIBIT INSURANCE REQUIREMENTS 1. CCCVB LIABILITY INSURANCE A. CCCVB must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. CCCVB must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. CCCVB must furnish to the City's Risk Manager (1) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsements 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. Dishonesty/Crime Coverage $100,000 Limit C. In the event of accidents of any kind related to this contract, CCCVB 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, CCCVB 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 CCCVB will be promptly met. An All States Endorsement shall be required if CCCVB is not domiciled in the State of Texas. B. CCCVB shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at CCCVB'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. CCCVB shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the CCCVB or as requested by the City. CCCVB shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Page 9 of 9 Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. CCCVB agrees that, with respect to the above required insurance, alI 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, CCCVB shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend CCCVB'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 CCCVB'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 CCCVB to stop work hereunder, and/or withhold any payment(s) which become due to CCCVB hereunder until CCCVB demonstrates compliance with the requirements hereof. Cr. Nothing herein contained shall be construed as limiting in any way the extent to which CCCVB may be held responsible for payments of damages to persons or property resulting from CCCVB's or its subcontractor's performance of the work covered under this contract. H. It is agreed that CCCVB'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. 2016 Insurance Requirements CCCVB Sister City Committee/CC Convention & Visitors Bureau Agreement 6/29/2016 my Risk Management CORPUS CHRISTI PARKS& AECRCATlON Sister City Commission Ordinance Update And Memorandum of Understanding Sister City Program CORPUS CHRISTI, TEXAS. USA Council Presentation July 26, 2016 Sister City Committee CORPUS CHRISTI PARKS& • Created in 1962 • Formed to promote awareness of social, cultural, political, and economic issues in the world which leads to international understanding and educates and prepares our people for the global economy 7 Sister Cities Exchange Programs Cultural Projects and Events • Recent Struggles Loss of City funding in 2009 Large committee- 15 At -large members • Trouble meeting quorum Lack of administrative support • Opportunity for the program to evolve • Convention and Visitors Bureau Proposed Ordinance Changes CORPUS CHRISTI PARKS& • Stronger focus on economic development and tourism opportunities • Reduction of steering committee membership • List of new positions • (1) Economic Development Sector • (1) Greater Corpus Christi Hospitality Association • (1) Port Industries of Corpus Christi • (1) Corpus Christi Chamber of Commerce • (1) Higher Education Institution • (1) Advertising/Public Relations • (1) Arts & Cultural • (2) At Large • (3) City Ex-officios— Mayor's Office, Parks & Recreation and Airport • City Council continues to appoint members (recommendation by CVB) • Subcommittees established once officers established • Sister City Account managed by CVB and PARD Proposed MOA CORPUS CHRISTI PARKS& • CVB administers the Sister City Program • Oversee establishment of new subcommittees • Student Exchange Subcommittee • Communication via the Director of Parks & Recreation • Recommendation of City Council Appointments from CVB • Invest Hotel Occupancy Tax Fund for Program - $6,000 • Subject to appropriation AGENDA MEMORANDUM First Reading for the City Council Meeting of July 26, 2016 Second Reading for the City Council Meeting of August 9, 2016 DATE: July 13, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Exemption from the Wastewater Acreage/Lot Fees for Nueces Garden No.2, Lot 49A, located south of Leopard Street and west of Starlite Lane, within the Allison Service Area for the City of Corpus Christi, Texas. CAPTION: Ordinance exempting Nueces Garden No.2, Lot 49A from the payment of wastewater lot and acreage fees pursuant to Section 8.5.2 G.1. of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. PURPOSE: Exempt the property owner of Nueces Garden No.2, Lot 49A from paying $4,980.07 in wastewater lot and acreage fees subject to execution of a Sanitary Sewer Connection Agreement. BACKGROUND AND FINDINGS: Ms. Daisy M. Vasquez, owner of Nueces Garden No.2, Lot 49 is requesting the City to waive the Sanitary Sewer (Wastewater) Lot and Acreage Fees for Nueces Garden No.2, Lot 49A by providing an exemption for this area. The subject property located south of Leopard Street and west of Starlite Lane, within the Allison Service Area (Wastewater Collection System Master Plan) for the City of Corpus Christi, Texas. Planning Commission recommended that City Council approve the applicant's request to waive sanitary sewer infrastructure construction per Section 8.2.7.A of the Unified Development Code (UDC) and an exemption from the Wastewater Lot/Acreage Fees in the accordance with Section 8.5.2.G of the UDC. 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 $4,980.07 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. Exempt the developer from payment of the wastewater lot and acreage fees subject to a Sanitary Sewer Connection Agreement. This agreement would require that when public wastewater services become available, the property owners would connect to the wastewater line and pay the applicable pro -rata fee, tap fee and surcharge fee. If public wastewater services become available within the next 15 years, the property owners would also be required to pay the applicable wastewater lot and acreage fees. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: N/A 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): COMMENTS: None RECOMMENDATION: On June 15, 2016, the Planning Commission recommended that City Council approve the exemption of the wastewater lot and acreage fees. Staff recommends that the wastewater lot and acreage fee be waived and the applicant enter into a Sanitary Sewer Connection Agreement. 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 Waiver of Fees Letter Presentation Page 1 of 2 ORDINANCE EXEMPTING NUECES GARDEN NO.2, LOT 49A LOCATED SOUTH OF LEOPARD STREET AND WEST OF STARLITE LANE, 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, Nueces Garden No.2, Lot 49A located south of Leopard Street and west of Starlite Lane 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, the Planning Commission recommend the City Council 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. Pursuant to the request of the Nueces Garden No.2, Lot 49A, Ms. Daisy M. Vasquez ("owner") the Planning Commission has recommend City Council approving the applicant request to waive sanitary sewer infrastructure construction per Section 8.2.7.A of the Unified Development Code (UDC) and an exemption from the Wastewater Lot/Acreage Fees in the accordance with Section 8.5.2.G of the Unified Development Code of the City of Corpus Christi. SECTION 2. The exemption from the payment of wastewater lot or acreage fees, pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, is conditioned upon owner/developer compliance with the following: a. That the owner/developer of the Subdivision enter into a Sanitary Sewer Connection Agreement with conditions (copy of Agreement attached hereto and incorporated herein to this Ordinance for all purposes). b. That the Sanitary Sewer Connection Agreement requires payment of the wastewater lot or acreage, pro -rata, and tap fees at the rate in effect at the time of connection to City wastewater. Page 2 of 2 c. That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. d. That the Sanitary Sewer Connection Agreement and covenants contained in the agreement are covenants running with the land. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Michael Hunter 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 Michael Hunter Brian Rosas Mark Scott Lucy Rubio PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor K:\DEVELOPMENTSVCS\SHARED\LEGISTAR\2016 CC AGENDA ITEMS \7-12-16\EXEMPTION-NUECES GARDEN\NUECES GARDEN, LOT 49AVVW EXEMPTION ORDINANCE.DOC 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 Daisy M. Vasquez, 4024 Violet Road TRLR 27, Corpus Christi, Teaxs 78410-3137 hereinafter called "Developer/Owner." WHEREAS, Developer/Owner in compliance with the City's Unified Development Code, has submitted the plat Nueces Gardens No. 2, Tots 49A & 49B, hereinafter called "Development," (Exhibit 1); and, WHEREAS, wastewater construction plans and construction are a requirement of the plat, and WHERAS, the Development Services Engineer has determined that sanitary sewer is not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers/Owner to record the plat of the Development Property without initial construction of wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Developer/Owner agrees for itself, its successors, transferees, and assigns, as follows: 1. to connect to City sewer at such time as a wastewater manhole is located at the frontage of the property or a wastewater line extends along the frontage of the property; 2. to pay wastewater acreage fees at the rate in effect at the time of connection if wastewater services are available within fifteen (15) years from the recording date of the plat; and 3. to pay tap fees and pro rata fees at the time of connection to City wastewater. Sanitary Sewer Connection Agreement Nueces Garden No.2, Lot 49A 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. 1 Sanitary Sewer Connection Agreement Nueces Garden No.2, Lot 49A Page 3 EXECUTED original, this ? day of It,- --- , 2016. L DEVELOPER/OWNER: STATE OF TEXAS § COUNTY OF NUECES § T 's instrument was acknowledged bef re me on this 7 , day of JOLENE E POTTER My Commission Expires July 24. 2017 APPROVED: Nq+tary Public, State of Texas This day of , 2016 By: Daniel McGinn, AICP CFM., Interim Director Development Services Director APPROVED as to form: By: Julian Grant Senior Assistant City Attorney For City Attorney Sanitary Sewer Connection Agreement NuecesGgd n No 2 Lot 49A Page 4 t 1.i wrl ono.• !! 545 ■q; :E\\ ;3 i;■g ■i,z ;P2- ; |�•! ' !!|: ! E§i| r.7§ (!!{ ; §lr| E / - • \ , 3 / ' '3 4 Id \ ) ' »[ {} / \ -!® % .15 \{ mer. 1).11. 11,44411•1111.1“11, _ � 1 ,p EXHIBIT 1 ] -J - ( | ' !7: nut r. i.t ulrl.l[R } 1 GRAPHIC SCALE (INFEET) 1 inch -1008. PLAT OF LOT 49A AND 49B NUECES GARDENS NO.2 BEING A REPLAT OF LOT 49, NOECES GARDENS NO. 2, AS SHOWN ONAMAP RECORDED IN VOLUME 10, PAGE8, MAP RECORDS NUECES COUNTY, TEXAS. PPG3DWIED JUN 1 5 2016 PLANNING COMMISSION 4 5.03 NUECES GARDENS NO.2 Tarso VOL 10, PG.8 M.RN.CT. 54518724"E 138 1 0.115 ACRES 4,994 S.F. S45"5724"0666.59 LOT 49A 3.057 ACRES 133,155 S.P. N45157'241W 666.59' 5157'24"B 686.59' LOT 49B 3.149 ACRES 137,150 S.P. N4515724"W 686.59' 5.00' A 3 25.00 Id N45157241W 1383.18' NIJECES GARDENS NO.2 LOT 48 VOLT°, PG.8 M.R.N.C.T. 5. 0' 0 of SET SfEIRON ROD p=FOUND RE'OON RDD • PROPERTY CORNER Brister Su ry eying 4655 South Off. 261.20•1800 F. Fmv ReEv 26.250.02 ..1.10.2. 0 L9 = N44115'31"E 19976' LI = S44°15'91''W 199.76' 544115'31"W 199.76' j0.U23 ACRES h" N4415'3110199.]6' STARLTTE ROAD I. TBE RECEIVING WATER POR TBE STORM WATER RUNOFF PROM THIS PROPERTY IS THE CORPUS CHRISTI INNER HARBOR. TBE TCEQ HAS CLASSn4ED THE AQUATIC LIFE USE FOR THE CORPUS CHRISTI INNER HARBOR AS' INTERMEDIATE, 3. THE SUBJECT SITE ISNOT LOCATED ON A 199 -YEAR FLOOD PLAIN,IN A FLOOD WAY, IN AN IDENTIFIED "FLOOD PRONE AREA', AS DEFINED BY THE US. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, PURSUANT TO TDB FLOOD DISASTER PROTECITON ACI OF 1973, AS AMENDED, OR AN AREAV IS BY THE FLOOD MANAGEMENT AGENCY(PENA) AS AREAHAVING SPECIAL FLOOD HAZARDS.THIS PROPERTY IS LOCATED IN FOOD ZONE IC', AS INDICATED ONPANEL NUMBER 485464 0130 C, CITY OF CORPUS CHRISTI TEXAS. 3. BEARINGS ARE BASED ON GLOBAL POSITIONING SYSTEM RAO 83 (93)4205 DATUM 4. THE TOTAL PLATTED AREA 186.394 ACRES, INCLUDING STREET DEDICATIONS. 5. THE YARD REQUIREMENT, AS DEPICTED, IS A REQUIREMENT OF THE UNIFIED DE V EOPMENT CODE AND IS SUBJECT TO CHANGE AS THE ZONING MAY CHANGE. 6 POUND 538" IRON RODS UNLESS NOTED OTHERWISE. COUNTY TEXAS TES L FEUPE HERNAND� HEREBY CERTIFY THAT AM THE OWNER OP Lars 49A AND 4911, THE FORE.INNC MOP. TIRS MMAAPPHAS B N. ENENPREHAD PAARRED Fors' NEP RPOSE oP DDEESCRIPTION AND DEDICATION. ALL STREET DEDICATION SHALL BE IN FEE SIMPLE. THIS _DAY OF 2016 FELIPE HERNANDEZ,O STATE OF TEXAS COUNTY Or NUECES BEFORE 216, DIE UNDERSIGNED PERSON -WHOSE NAME IS SUBSCRIBEDAED MR TO TEE FOREGOING INSTONTEIS DAY RDUMENT AND ONALLY ACKNOWLEDGED TO TIE THAT EXECUTED THE SAME AS THE ACF AND DEED OE SAID LANDS FOR TEE PURPOSE AND CONSIDERATION THEREIN EXPRESSED, AND R2 THE CAPACITY STATED, GIVEN UNDER MY HAND AND SEAL OP OFFICE. THIS THE DAY OF 2016 NOTARY PUBLIC STATE OF TEXAS COUNTY Or NUECES T.S HEAL FIAT OF TAR HEREIN DESCRIBED TY WAS APPROVED BY THE DEVELOPMENT SERVICES ENGINEER OF THE CITY OF CORPUS CHRISTI, TEXAS. THIS THE DAY OF 2016 ILDNA DEVELOPMENT RVVIICES ENGINEER STATE OF TEXAS COUNTY OF NUECES TEIS AL PIAT OF HEREIN DESCRIBED PROPERTY WAS APPROVED BY THE PLANNING COIENESSION ON MULE OF THE CITY OF CORPUS CHRISTI. THIS TF@_DAY OP 2016 SECRETARY STATE OP TEXAS COUNTY OF NUECES 1.2ARA SANDS, CLERK. THE COUNTY COURT WAND FOR NUECES COUNTY, TEXAS, DO DAY OP 226, 1112 ITS REBY CERTIFICATE OP AUTHENTICATION THAT THE FOREGOING U FILED FONUEET DATED R REroRD ROWCEPP[EMR _DAY OP MI6 AT O'CLOCK EI IN SAID COON, VOLIEAR_, PA. WITNESS MY HAND.° SEAL OP THE COUNTY COURT, IN AND FDR SAID COUNTY AT MY OFFICE, DI CORPUS CHRISTI, TEXAS, THE DAY AND YEAR LAST WRITTEN. MED FOR RECORD KARA SANDS, CLERK DEPUTY. MMUS COUNTY, TEXAS AT O'CLOCK 2.1 STATE OF TEXAS COUNTY OP NIECES I, RONALD E. BRISTER, A REGISTERED PROFESSIONAL LAND SURVEYOR OF MISTER SURVEYING, HAVE PREPARED 0100 FOREGOING MAP PROM A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. THIS THE DAY OP 2016 RONALD E. BAISTER REGISTERED PROFESSIONAL LAND SURVEYOR DATE Or MAP, NAAY2016 June 27, 2016 Renissa Garza-Montalvo Development Services, City of Corpus Christi 2406 Leopard St., 1st Floor Corpus Christi, Texas 78408 Mrs. Garza-Montalvo, Job No. 43059.00.00 In addition to the approved request for exemption to extend Sanitary Sewer service to proposed Lot 49A, Nueces Gardens No. 2., Urban Engineering is requesting, on the owner's behalf, a waiver to the wastewater acreage and lot fees. (361)854-3101 Respectfully, 2725 SWANTNER DR, • CORPUS CHRISTI, TEXAS 78404 wwwurbaneng.com TBPE Firm #145 TBPLS Firm #10032400 FAX (361)854-6001 Wastewater Construction Waiver and Acreage Fee Exemption Nueces Gardens Number 2 Lot 49A City Council Meeting July 26, 2016 At N Aerial Overview At N Aerial Overview Subdivision Plat GRAPH, qt. F REPLAT OF LOT 49A AND 49B NUECES GARDENS NO2 41.1414 liA1415 444174E1444, 111441.444.1.54 4.144219/4694 r19 iL 41.5444.4 143 UV 54415314.194 ..?„/ -„,— nurn-rn,riArrroms,,..rnifs ,zt.;e2,Aunitukorit ommit psn wails -Ism -or Lsentoctvrtomortmor MD 4444,, .44.44,..1141- guglEmmilaiami4=7:- ,L...1ZIEENTEDEPIN?4-- 1414114 _DAY4F iXgiz4MgI,-=1 =.11.1.41,4,4 5.1.40141. .4.44,..11064114.0.1 4 AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of July 26, 2016 Second Reading Ordinance for the City Council Meeting of August 9, 2016 DATE: 7/1/2016 TO: Margie C. Rose, City Manager FROM: Dan McGinn, AICP CFM, Interim Director, Development Services DanielMc@cctexas.com (361) 826-3595 Approval of agreement and appropriating funds for Vantage at Corpus Christi, LLC. for the construction of Distribution water line CAPTION: Ordinance authorizing city manager or designee to execute a distribution main extension construction and reimbursement agreement ("Agreement") with Vantage at Corpus Christi, LLC., ("Developer"), for the construction of a distribution main line and appropriating $4,154.50 from the No. 4030 Distribution Main Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: Vantage at Corpus Christi, LLC. is required to install 340 linear feet of 6 -inch water distribution main in order to provide adequate water to a proposed multi -family residential development. The subdivision is located alongside Up River Road, south of Interstate Highway 37, east of McKenzie Road and north of Leopard Street. BACKGROUND AND FINDINGS: Per Section 8.5.1.0 (2) Credits and Reimbursements of the Unified Development Code ("UDC"), Vantage at Corpus Christi, LLC., is requesting a Reimbursement Agreement for the development of Vantage at Up River Road, Block 1, Lot 1 as shown on the final plat. The subdivision is located alongside Up River Road, south of Interstate Highway 37, east of McKenzie Road and north of Leopard Street. The development requires the extension of 340 linear feet of 6 -inch water distribution main in order to provide adequate water to the property. A layout of existing and proposed improvements is included as Exhibit 3. If the actual costs for installation of such distribution water main are greater than the lot or acreage fee, the developer shall be reimbursed (less any lot or acreage fee credits) from funds available from the Water Distribution Main Trust Fund for that portion of the distribution main installed by the developer. In this case, the total construction cost of the 6 -inch water arterial grid main is $72,778.50 minus the lot/acreage fee of $68,624.00 which equals $4,154.50. ALTERNATIVES: Disapproval of the Reimbursement Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The developer will be extending a water distribution main to serve the proposed residential development and has requested a Reimbursement Agreement, as provided in the Unified Development Code. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not Applicable Fiscal Year: 2015-2016 Project to Date Expenditu res (CIP only) Current Year Future Years TOTALS Line Item Budget $1,067,767.94 Encumbered / Expended Amount $ 81,525.35 This item $ 4,154.50 BALANCE $ 982,088.09 Fund(s): Water Distribution Main Trust Fund Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Maps ORDINANCE AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE A DISTRIBUTION MAIN EXTENSION AND CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH VANTAGE AT CORPUS CHRISTI, LLC., ("DEVELOPER"), FOR THE CONSTRUCTION OF A WATER DISTRIBUTION MAIN LINE AND APPROPRIATING $4,154.50 FROM THE NO. 4030 WATER DISTRIBUTION MAIN TRUST FUND TO REIMBURSE THE DEVELOPER IN ACCORDANCE WITH THE AGREEMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a distribution main extension and construction and reimbursement agreement ("Agreement"), attached hereto, with Vantage at Corpus Christi, LLC., ("Developer"), for the extension of a distribution main line, including all related appurtenances, for the development of Vantage at Up River Road, Block 1, Lot 1 Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $4,154.50 is appropriated from the No. 4030 Distribution Main Trust Fund to reimburse the Developer for the construction of the water arterial transmission and grid main line improvements in accordance with the Agreement. 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the th day of , ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § § COUNTY OF NUECES § This Water Distribution Main Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home -rule munici-pality, and Vantage at Corpus Christi, LLC., ("Developer/Owner"), a Delaware Limited Liability Company. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on June 2, 2016 to develop a tract of land, to wit: approximately 19.74 acre tract of land, known as Vantage at Up River Road, Block 1, Lot 1 as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the distribution main extension ("Distribution Main Extension"); WHEREAS, it is to the best interest of the City that the Distribution Main Extension be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.1.C.2. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in the Distributions Main Trust Fund and are appropriated by the City Council, or from other applicable funds otherwise authorized by City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs for installing the Distribution Main Extension, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Distribution Main Extension in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer registered and licensed in the State of Texas, acceptable to the City's Development Services Engineer, to prepare and seal plans and specifications for the Distribution Main Extension, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the design in conformance with the City's Infrastructure Design Manual as well as the following minimum requirements: 1. Install 340 linear feet trench protection 2. Install 340 linear feet 6 -inch PVC waterline 3. Install four (4)'/ short service 4. Install two (2) valve boxes 5. Install two (2) 6 -inch gate valves 6. Install one (1) fire hydrant 7. Install 1.5 ton pipe fittings all sizes and types 8. Install one 6 -inch water tie-in 9. Install one (1) hydrostatic testing 10. Install two (2) lump sum 2 -inch temporary blow offs b. The offsite Distribution Main Extension must begin at the south end of property and extend east alongside East Harrington Street and tie into existing waterline on West Harrington Street. c. The plans and specifications must comply with the City's Water Distribution Standards Detail Sheets and Standard Specifications. d. Before the Developer/Ownerstarts construction, the plans and specifications must be approved by the City's Development Services Engineer. e. Intent of Plans and Specifications: 1. The intent of the plans and specifications is to prescribe a complete work or improvement which the Contractor undertakes to do in full compliance with the plans, specifications, special provisions, proposal, and contract. 2. The Contractor shall do all work as provided in the plans, specifications, special provisions, proposal, contract, and any addendum issued, and shall do such additional extra work as may be considered necessary to complete the work in a satisfactory and acceptable manner. 3. The Contractor shall furnish all labor, tools, material, machinery, equipment and incidentals necessary for the prosecution of the work. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Distribution Main Extension, the Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Distribution Main Extension. 4. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro - rata fees as required by the UDC for the area of the Distribution Main Extension. Distribution Main Reimb Agmt-Vantage at Corpus Christi -Vantage at Up River Road, Blk 1, Lot 1 vFinal Page 2 of 9 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 5. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Distribution Main Extension, under the approved plans and specifications, by August 9, 2017. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer by the 60th calendar day after the date of approval of this Agreement by the City Council. c. Developer/Owner fails to award a contract for the construction of the Distribution Main Extension, according to the approved plans and specifications, by the 90th calendar day after the date of approval of this Agreement by the City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Distribution Main Edension under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Distribution Main Extension, under the approved plans and specifications, on or before August 9, 2017. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. g. Failure of the Developer/Owner to comply with Sections 13 or 14 of this Agreement. 9. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non -defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period') to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. d. Should the Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer/Owner, at the address stated in section 11, of the need to perform the obligation or duty and, should the Developer/Owner fail to Distribution Main Reimb Agmt-Vantage at Corpus Christi -Vantage at Up River Road, Blk 1, Lot 1 vFinal Page 3 of 9 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer/Owner by reducing the reimbursement amount due to the Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1. If to the Developer/Owner. Vantage at Corpus Christi, LLC attn: David Starr 7334 Blanco Road, Suite 200 Distribution Main Reimb Agmt-Vantage at Corpus Christi -Vantage at Up River Road, Blk 1, Lot 1 vFinal Page 4 of 9 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 San Antonio, Texas 78216 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 12. THIRD PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Distribution Main Extension, contracts for testing services, and contracts with the contractor for the construction of the Distribution Main Extension must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, execute a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bonds must comply with Texas Government Code, Chapter 2253. 14.1. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Distribution Main E tension and the construction of the Distribution Main Extension for a period of one year from and after the date of acceptance of the facilities by the City. 14.2. Removal of Defective and UnauthorizedWork: a) All work which has been rejected or condemned by the City must be repaired, or if it cannot be repaired satisfactorily, it must be removed and replaced at the Developer/Owner's sole expense. b) Defective materials must be immediately removed from the site of the work. Work not in conformance to the Plans and Specifications, work outside project scope, work done without proper inspection, or any extra or unclassified work done without written Distribution Main Reimb Agmt-Vantage at Corpus Christi -Vantage at Up River Road, Blk 1, Lot 1 vFinal Page 5 of 9 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 authority and prior agreement in writing as to prices shall be done at the Contractor's risk, and considered unauthorized and not eligible for reimbursement. c) The work, at the option of the City Engineer or the City's Development Services Engineer, may be ordered removed at the Contractor's expense if not defective or not in conformance with the City's Infrastructure Design Manual, and other laws, codes and regulations. d) Upon failure of the Developer/Ownerto repair satisfactorily or to remove and replace rejected, unauthorized, or condemned work or materials immediately after receiving notice from the City, the City will, after giving written notice to the Developer/Owner, have the authority to cause defective work to be remedied or removed and replaced or to cause unauthorized work to be removed, and to deduct the cost from any payment due or to become due the Developer/Owner. 15. REIMBURSEMENT. a. Subject to the conditions for reimbursement from the City Developer Participation Funds and the appropriation of funds, the City will reimburse the Developer/Ownerthe reasonable actual cost of the Distribution Main Extension up to an amount not to exceed $4,154.50 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The reimbursement will be made within 30 days from the date of the invoice in accordance with state law. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement as detailed in Exhibit 5. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner, in accordance with the approved plans and specifications, and in compliance with the City's Infrastructure Design Manual, and all other local, state and federal laws, codes and regulations, and must have been inspected and accepted by the City. d. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Ownerand at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 16. INDEMNIFICATION. DEVELOPER/OWNER SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND AGENTS ("INDEMNITEES") FROM AND AGAINST ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL PROPERTY DAMAGE OR INJURIES Distribution Main Reimb Agmt-Vantage at Corpus Christi -Vantage at Up River Road, Blk 1, Lot 1 vFinal Page 6 of 9 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION, WORKERS' COMPENSATION, PERSONAL INJURY OR DEATH, ARISING FROM OR INCIDENT TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION OF THE DISTRIBUTION MAIN EXTENSION. THIS INDEMNIFICATION SPECIFICALLY INCLUDES CLAIMS BROUGHT BY DEVELOPER, OR DEVELOPER'S OWN EMPLOYEES, AGENTS OR REPRESENTATIVES. THIS INDEMNIFICATIONS SURVIVES TERMINATION OF THIS AGREEMENT. 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, to wit: approximately 19.74 acres of acres known as Vantage at Up River Road, Block 1, Lot 1, a subdivision in Corpus Christi, Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer/Owner's successors or assigns. 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 19. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 6. 20. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. 21. AUTHORITY. The person signing this Agreement on behalf of each of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN ONE ORIGINAL this day of , 20 . (EXECUTION PAGES FOLLOWS) ATTEST: CITY OF CORPUS CHRISTI Distribution Main Reimb Agmt-Vantage at Corpus Christi -Vantage at Up River Road, Blk 1, Lot 1 vFinal Page 7 of 9 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 Rebecca Huerta Dan McGinn City Secretary Interim Development Services Director THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of 2016. Notary Public, State Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Dan McGinn, Interim Development Services Director, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2016. Notary Public, State Of Texas APPROVED AS TO FORM: , 2016. Assistant City Attorney Distribution Main Reimb Agmt-Vantage at Corpus Christi -Vantage at Up River Road, BIk 1, Lot 1 vFinal Page 8 of 9 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 • • By: .4'.4 David tarr us Christi, LLC Manager/President STATE OF 1 € 5 COUNTY OF This instrument was acknowledged before me o \yi -A , 2016, by David Starr, Manager/President, Vantage at Corpus Ch -ti, LLC, a De ware Limited Liability Company, on behalf of said company. tary Public's Signature e-ZPeO 9t l 01 A,oloN as 610L -Ll -0l seJIdx3'Wwo3 441 ,e\ soxel Jo GUNS •ollgnd Aio4oN = NIM0009 3)1IIN , 471" `' Distribution Main Reimb Agmt-Vantage at Corpus Christi -Vantage at Up River Road, Blk 1, Lot 1 vFinal Page 9 of 9 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16 Notes: 1.) Total platted area contains 19.74 acres of land (includes right—of—way dedication) 2.) The receiving water for the storm water runoff from this property is the Corpus Christi Inner Harbor. The TCEQ has classified the aquatic life use for the Corpus Christi Inner Harbor as "intermediate". 3.) Bearings based on GPS, NAD83, State Plane Coordinate System. Texas South Zone 4205. 4.) By graphic plotting only, this property is in Zone "C" of the Flood Insurance Rate Map, Community Panel Number 485464 0130 C, City of Corpus Christi, Texas, which bears an effective date of July 18, 1985 and is not in a Special Flood Hazard Area. 5.) The yard requirement, as depicted is a requirement of the Unified Development Code and is subject to change as the zoning may change. 6.) If any lot is developed with residential uses, compliance with the Public Open Space regulations will be required during the building permit phase. 7.) Contours shown ore based on NAVD 88 datum. 8.) No access on East Harrington Drive, except for emergency vehicles. State of Texas County of Nueces AAF—Vantage at Corpus Christi, Inc., hereby certifies that it is the owner of the lands embraced within the boundaries of the foregoing plat; that It hos had said lands surveyed and subdivided as shown; that streets shown are dedicated in fee simple to the public use forever, that easements as shown are dedicated to the public use for the installation, operation and use of public utilities; and that this map was made for the purpose of JUN 3 2015 PLANNING COMM SCION V -- `" i PLANNING COMMISSION Plat of JUN 2 2015 Vantage at Up River Road Block 1, Lot 1 a 19.74 Acre Tract of land, situated in BS&F Survey No. 417, A-571 and BS&F Survey No. 422. A-850, being a portion of a 388.26 Acre Tract as recorded in Volume 1450, Page 514, of the Deed Records of Nueces County, Texas, out of a 35.26 Acre Tract described as Tract 3 of Charles McKinzie's Share, as recorded in Volume 1450, Page 514, being the remainder of a 20.26 Acre Tract described as Parcel 5, in a Special Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie, Jr. Family Limited Partnership, as recorded in Document No. 2010040869 of the Official Public Records of Nueces County, Texas. Notes: 1.) Total platted area contains 19.74 acres of land (includes right—of—way dedication) 2.)The receiving water for the storm water runoff from this property is the Corpus Christi Inner Harbor. The TCEO has classified the aquatic life use for the Corpus Christi Inner Harbor as "intermediate". 3.) Bearings based on GPS, NAD83, State Plane Coordinate System, Texas South Zone 4205. 4.) By graphic plotting only, this property is in Zone "C" of the Flood Insurance Rate Map, Community Panel Number 485464 0130 C, City of Corpus Christi, Texas, which bears an effective date of July 18, 1985 and is not in a Special Flood Hazard Area. 5.) e and requirement, ssub ect Theard to change as is a zoningment of the may change. Unified Development Cod 6.)1f any lot is developed with residential uses, compliance watthe Public Open Space regulations will be required during the building permitphase. 7.) Contours shown are based on NAVD 88 datum. 8.) No access on East Harrington Drive, except for emergency vehicles. IN y 5 ml / fo N? fo fe9ja ffY of --... .% R4,,°Tb \ 38.f • \ 3YR -....\ Lot 1 19.43 Acres 846,346st 0 APPLICATION FOR WATERLINE REIMBURSEMENT We, Vantage at Corpus Christi, LLC, 7334 Blanco Road, Suite 200, San Antonio, TX, 78216, owners and developers of LOT (1), BLOCK (1) Vantage at Up River Road, a subdivision of the City of Corpus Christi, as shown according to the map or plat thereof recorded in Volume 68„ Pages 552-553, of the Map of Records of Nueces County, Texas, hereby request reimbursement of $44,607.25 ($113,231.25 - $68,624.00) for the installation of the 6 inch water type of line , in conjunction with said lot, as provided for by City Ordinance No. 17092. $79,715.69 is the construction cost, including 15% Engineering and Surveying, in excess of the lot acreage fee, as shown by the cost supporting docuatta&hed herewith. David Starr, Manager Vantage at Corpus Christi, LLC STATE OF TEXAS COUNTY OF BEXAR March 9, 2016 This instrument was acknowledged before me on 4`-, 1 2016, by `�- i ( --c--71...;-(' (Name), Ik,.,\-, AIC (Title), Vantage at Corpus Christi, LLC, A Texas limited liability company, on behalf othe said corporation. 4%NotaryMPIuKbE GOODteW ,Stateof Texas ,j Comm. Explres 10-12-2019 74;ii A ,,,,,,,,,,,,, Notary ID 12620842-3 CERTIFICATION ary Public in and for the State of Texas The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Arterial Grid Main Trust Fund, and (b) Appropriation and approval by the City Council. Development Services Engineer (Date) Exhibit 2 Page 1 of 2 APPLICATION FOR WATERLINE CREDIT We, Vantage at Corpus Christi, LLC, 7334 Blanco Road, Suite 200, San Antonio, TX, 78216, owners of LOT (1), BLOCK (1) Vantage at Up River Road, a subdivision of the City of Corpus Christi, as shown according to the map or plat thereof recorded in Volume 68„ Pages 552-553, of the Map of Records of Nueces County, Texas, hereby apply for $68,624.00 credit towards the water lot/acreage fee for installation of the water type of line as provided for by City Ordinance NO, 17092. $148,339.69 is the construction cost, including 15% Engineering and Surveying, as shown by the cost supporting documents attached herewith. David Starr, Manager Vantage at Corpus Christi, LLC STATE OF TEXAS COUNTY OF BEXAR March 9, 2016 This instrument was acknowledged before me on Y• L 6 2016, by (Name), elks -10-0,01.2k (Title), Vantage at Corpus Christi, LLC, A Texas limited liability company, ori behalf of the aid corporation. 0.*.; MIKE GOODWIN Notary Public, State of Texas Comm. Expires 10-12-2019 Notary ID 12620842-3 Notdry Public in and for the State of Texas Exhibit 2 Page 2 of 2 3 4 CIVIL CONSTRUCTION PLANS FOR PUBLIC WATERLINE & WASTEWATER LINE AT AOH VANTAGE AT CORPUS CHRISTI 0•019140/1, raw ate: 1--6006 04. MINA. P00 40,1 0.11l 9.14 MOREL 04 ra« 1109• nacanaMISMENS 111011416...0 YZ•1ra.. v •. Iglatrea .11104646 !AWOL ..•..e •• 10.••••11 •••• ••..••.,..+•. ,1111.. •1111. IrelarEPRIXM •. a`ye. 04/..,r..d.•m a..••09 Vs 01. O40 :116"1 111101 000 040 Oa '.0MO 116 °UB= ;; .... 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I• xar.wro+ 3.0.r. sorra maw, calm Ana ka m.f w+n.aa `=IY m 4. y.. �nr.1.. 19 O T 110 w.13 NEESE I MIL ISSUE (a, PERMIT AUH VANTAGE AT CORPUS CHRISTI 101/31P RIVER ROAD CORPUS 011USTI. MAX13 mu m, lvws 71)410 SANITARY SEWER DETAILS ito woo. mum VIM •Ita. ROL ER 1-11 '?:7.7 co t x W -47 M1 m ililliiirilliiiililli a 111010,11111 Ili' 11 1j11L� I I,1i11111 11 ill � � L 114 1111 illj ., ail a01 :E L i 1 iilij 'i.6 I j 11'I :11.111 .„11j 1 j 11 11111 11. 11 1111111!�;f;j,111 11111 fII,11 1.. ' ill r4� 11 RW+4 bgt/fJS LT4S a.. ic.v . eras rem iIlI11 1'' i '1I, II��4u1rN'IN4,ly�t1!L�,I 1��1r 11 � IluI'�11t 1iWt111N11gg''i11 I1 1 -1lt 1 :11 rill' I1' k 4 II,i1►; i 1ro, 1; 1 1 111 I I 1 I * SL,rrs Caaara3.3 W 1 I. KWSIJnT H C1104 WwQ ,..nn nrrL.ai __ 00 � om.mlflwf�ll titIatalla m L1 m eUla• woad. Ern 11. 11 mita: Stitt ,SAIF f PERMIT AOM VANTAGE AT CORPUS CHRISTI 10113 w AMA AMD .5 CHRISM MEM 03R11. 'WAS 7410 SANITARY SEWER DETAILS L h r u K ...RDA =rat m 1 t 7" �Ta V.we MW .rr ANNA 11, W .M• I.aa• art 1,01.01 0.10 rni f$wr•e ot...f Li I 0?? M Corms o.Mrr ®7E PM IWOT AOH VANTAGE AT CORPUS CHRISTI 1011.] IP alvOl aceto maPiS OaLISTL MRCS OXIITY. WAS 71410 WATER SYSTEM DETAILS ewo0c � tn.a — 00•1•0.1 sa .MT i 1....91 Iss.. l • .T.,00r00 a-roaao AFF wa. 004R01" • i Page 10 of 10 LE X W am Vantage at Corpus Christi Civil Utility Improvemements Estimated Construction Costs BRD Job No. 116.001 6/3/16 CONSTRUCTION FEES Onsite Water Improvements: Quantity Unit Price Cost 1 2" Copper Pipe 185 LF $195.00 = $36,075.00 2 4" PVC Waterline 50 LF $25.00 — $1,250.00 3 6" PVC Waterline 360 LF $40.00 — $14,400.00 4 6" Ductile Iron Waterline 205 LF $60.00 = $12,300.00 5 8" PVC Waterline 3,870 EA $51.00 = $197,370.00 6 8" Water Tie-in 1 EA $2,300.00 = $2,300.00 7 6" Gate Valve with Valve Box 11 EA $1.300.00 = $14,300.00 8 8" Gate Valve with Valve Box 7 EA $1,500.00 — $10,500.00 9 Fire Hydrant 11 EA $6,000.00 = $66,000.00 10 Pipe Fittings All Sizes and Types 2 TON $4,000.00 — $8,000.00 11 4" Meter Assembly with Vault 1 EA $6,000.00 = $6,000.00 12 2" Meter Assembly with Box 15 EA $1,500.00 — $22,500.00 SUB -TOTAL (Onsite Water Improvements) $390,995.00 Onsite Sanitary Sewer Improvements: Quantity Unit Price Cost 1 6" PVC Sanitary Sewer 1,700 LF $32.00 = $54,400.00 2 8" PVC Sanitary Sewer 1,205 EA $42.00 = $50,610.00 3 8" Cleanout 1 EA $100.00 = $100.00 4 4" Fiberglass Manhole 5 EA $5,500.00 = $27,500.00 SUB -TOTAL (Onsite Sanitary Sewer Improvements) $132,610.00 Offsite Sanitary Sewer Improvements: Quantity Unit Price Cost 1 6" PVC Sanitary Sewer 5 LF $32.00 = $160.00 2 8" PVC Sanitary Sewer 930 EA $42.00 = $39,060.00 3 8" Cleanout 1 EA $100.00 = $100.00 4 4" Fiberglass Manhole 4 EA $5,500.00 = $22,000.00 SUB -TOTAL (Offsite Sanitary Sewer Improvements) $61,320.00 Exhibit 4 Page 1 of 3 Estimated Construction Costs BRD Job No. 116.001 6/3/16 Onsite Storm Drainage Improvements: Quantity Unit Price Cost 1 18" HDPE 1,085 LF $55.00 = $59,675.00 2 24" HDPE 1,225 EA $65.00 = $79,625.00 3 24" RCP Class 1I1 35 EA $90.00 = $3,150.00 4 10' Curb Inlet 7 EA $5,050.00 = $35,350.00 5 4'X4' Grate Inlet 5 EA $2,600.00 = $13,000.00 6 Discharge Structure 1 LS $5.500.00 e. $5,500.00 7 24" SET 1 LS $3.500.00 = $3,500.00 SUB -TOTAL (Onsite Storm Drainage Improvements) $199,800.00 ESTIMATION OF CONSTRUCTION FEES Water Improvements Onsite Sanitary Sewer Improvements Onsite Sanitary Sewer Improvements Offsite Storm Sewer Improvements Onsite Mobilization $390,995.00 $132,610.00 $61,320.00 $199,800.00 $45,000.00 TOTAL IMPROVEMENTS $829,725.00 Engineering and Survey (15%) 15.0% $124,458.75 10% CONTINGENCY 10.0% $82,972.50 OVERALL TOTAL $1,037,156.25 Exhibit 4 Page 2 of 3 Vantage at Corpus Christi Offsite Water Im 9 rovemements Estimated Construction Costs BRD Job No. 116.001 6/13/16 CONSTRUCTION FEES Water Improvements Quantity Unit Price Cost 6 Trench Protection 340.0 LF $1.50 = $510.00 7 6" PVC Waterline 340.0 LF $70.00 = $23,800.00 9 3/4" Short Service 4.0 LF $1,500.00 = $6,000.00 10 Valve Box 2.0 EA $500.00 = $1,000.00 11 6" Gate Valve 2.0 EA $1,450.00 = $2,900.00 13 Fire Hydrant 1.0 EA $5,000.00 = $5,000.00 14 Pipe Fittings All Sizes and Types 1.5 TON $4,200.00 = $6,300.00 15 6" Water Tie-in 1.0 EA $2,800.00 = $2,800.00 16 Hydrostaric Testing 1.0 EA $2,600.00 = $2,600.00 17 2" Temporary Blow -Off 2.0 LS $1,500.00 = $3,000.00 SUB -TOTAL (Water Improvements) $53,910.00 ESTIMATION OF CONSTRUCTION FEES Water Improvements $53,910.00 TOTAL IMPROVEMENTS $53,910.00 Engineering and Survey (15%) 15.0% $8,086.50 20% CONTINGENCY 20.0% $10,782.00 OVERALL TOTAL $72,778.50 LOT/ACREAGE REIMBURSEMENT OVERALL TOTAL $68,624.00 $4,154.50 Exhibit 4 Page 3 of 3 INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph II Of This Exhibit. $500,000 / $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 5 Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not Less than ten (10) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Exhibit 5 Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 5 Page 3 of 3 r City of !IOh Corpus EE Christi DISCLOSURE OF INTERESTS City el Corpus CArI,lL Tae, Depenmees or Development Service, PO.Boa 9277 Carpus Christi, Tees 714694271 P61)126.1240 Loested at 2406 Leapud Sueel (Comm or Leopard Si. end Pan Ave.) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following Information. Every question must be answered. If the question Is not applicable, answer "NA'. NAME. *M-Vanlage at Corpus Christi STREET: 7334 Blanco Road. Sults 200 CITY: San Antonio. Texas ZIP: 78216 FIRM Is: Corporation 0 Partnership 0 Sole Owner 0 Assoclation 0 Other DISCLOSURE QUESTIONS If additional space Is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the CIty of Corpus Christi having an "ownership Interest" constituting 3% or more of the ownership In the above named "firm". Name Job Title and City Department Of known) NIA 2. State the names of each "official" of the CIty of Corpus Christi having an "ownership Interest" constituting 3% or more of the ownership in the above named "firm". Name Title NIA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership Interest" constituting 3e% or more of the ownership In the above named "firm". Name Board Commission, or Committee NiA 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 NIA CERTIFICATE 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 David Starr Title: Manager (Print) I / Signature of Certifying Parson: ��1 / Date: S f t b / t G KIDEVELOFNFMSMIHA0ECALAND DEVELOPAON1'ORDtNANCE AD/ANISTRMIDMAWIUCAT10N FOR1151FORM3 AS PER L!GNd701TOISC D51 R OP INTERESTS STATDAENTI 27 I1 DOC Exhibit 6 Page 1 of 2 DEFINITIONS a. "Board Member'. A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee'. Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated In the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company,oint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable Interest, whether actually or constructively held, In a firm, Including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects hired by the City of Corpus Christi for the purpose of professional consultation and recommendation IC 1DEVELOPMENTSVCSZSIIAREDLLANO DEVELOPMENRORDINANCE ADMNISTRAi10NUPPLICATION FOM SWDRAIS AS PER LEGA1110131DISCLDSURE OF INTERESTS STATEMENT' 1711 DOC Pa e 2 of 2 Exhibit 6 9 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-57630 Date Filed: 05/18/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place pofzb ieg �ss . .�Latage af'Corpus Christi, LLC San Antonio, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Supercedes Cert 2016-38272 Water line Construction and Reimbursement Agreement, Lot 1 Block 1, Vantage at Upriver Road subdivision in the City of Corpus Christi, recorded in Vol 68, Pgs 552-553 of records of Nueces County 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Starr, David San Antnio, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under of that the above disclosure is true and correct. ,tF % MIKE GOODWIN Notary Public, State Texas penalty perjury, dir ��� ,p $ of re ; E Comm. Expires 10-12-2019 ,,`,° `" Notary ID 12620842.3 �-1 1� • - Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said : �A� • ' 4\ IL P---,, this the 1 0- day of AI 20 (` , to certify hich, witness my hand and seal of office. c L-.1 -�--c c i-,., _,-.2..._--- 1, o a tz w o t 1�yl tiz Signature of officer administering oath Printed name of officer administering oath Title of officer admi istering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 Vicinity Map VICINITY MAP VANTAGE AT UP RIVER ROAD VANTAGE AT UP RIVERRDAD 11 J 1 Aerial Overview AERIAL OVERVIEW VANTAGE AT UP RIVER RD t N 2 Aerial AERIAL MAP VANTAGE AT UP RIVER RD 3 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 26, 2016 Second Reading for the City Council Meeting of August 9, 2016 DATE: July 11, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Closing a utility easement located at 4000 S. Staples CAPTION: Ordinance abandoning and vacating a 0.041 -Acre portion of an existing utility easement out of a part of Lots 7 and 8, Block 5 of Hamlin Place Unit 2 -Corpus Christi Subdivision, located at 4000 S. Staples and requiring the owner, American Electric Power (AEP) Texas Central Company, to comply with the specified conditions. PURPOSE: The purpose of this item is to eliminate a utility easement and allow for American Electric Power (AEP) Texas Central Company to expand their facility located at 4000 S. Staples. BACKGROUND AND FINDINGS: American Electric Power (AEP) Texas Central Company (Owner) is requesting the abandonment and vacation of a 0.041 -Acre portion of an existing utility easement out of a part of Lots 7 and 8, Block 5 of Hamlin Place Unit 2 -Corpus Christi Subdivision, located at 4000 S. Staples. The abandonment and vacation of the utility easement is being requested by the Owner in conjunction with the expansion of the South Side Substation. Staff recommends the Owner pay no fair market value fee in accordance with City Code of Ordinance Section 49-13 because the Owner will be dedicating a utility easement to replace the existing one. The Owner has been advised of and concurs with the specified conditions of the Ordinance in regards to the easement dedication and the recording and filing of the ordinance. The Owner must also comply with all the specified conditions of the abandon and vacate ordinance within 180 days of Council approval. ALTERNATIVES: Denial of the utility easement closure. This will, however, adversely impact the Owner's ability to move forward with future development of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances, Section 49-12 and 49-13. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies stated objections regarding the proposed utility easement abandonment. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the easement closure. The Owners must comply with all the following specified condition of the easement closure ordinance: a. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. b. The Maintenance responsibilities for the vacated easement reverts to American Electric Power (AEP) Texas Central Company (Owner). c. The easement replacement must be dedicated within 180 days of Council approval. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Location Maps Ordinance abandoning and vacating a 0.041 -Acre portion of an existing utility easement out of a part of Lots 7 and 8, Block 5 of Hamlin Place Unit 2 -Corpus Christi Subdivision, located at 4000 S. Staples and requiring the owner, American Electric Power (AEP) Texas Central Company, to comply with the specified conditions. WHEREAS, American Electric Power (AEP) Texas Central Company (Owner) is requesting the abandonment and vacation of a 0.041 -Acre portion of an existing utility easement out of a part of Lots 7 and 8, Block 5 of Hamlin Place Unit 2 -Corpus Christi Subdivision, located at 4000 S. Staples; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 0.041 -Acre portion of an existing utility easement, subject to compliance by the Owners with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of American Electric Power (AEP) Texas Central Company ("Owner"), a 0.041 -Acre portion of an existing utility easement out of a part of Lots 7 and 8, Block 5 of Hamlin Place Unit 2 -Corpus Christi Subdivision, located at 4000 S. Staples, as recorded in volume887, page 35 Deed Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description and field notes, "Exhibit B", which is the graphical representation of the legal, and "Exhibit C", which is the location map which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. b. The Maintenance responsibilities for the vacated easement reverts to American Electric Power (AEP) Texas Central Company (Owner). c. The easement replacement must be dedicated within 180 days of Council approval. 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 1 CDS muerY ENGINEERS • SURVEYORS AEP TEXAS CENTRAL COMPANY CITY OF CORPUS CHRISTI NUECES COUNTY, TEXAS 0.041 OF AN ACRE UTILITY EASEMENT RELEASE EXHIBIT "A" BEING a 0.041 of an acre tract of land lying in Lots 7 and 8, Block 5 of the Hamlin Place Unit -2 as described and recorded in volume 22, page 26, Map Records of Nueces County, Texas, same being a portion of Lots 7 and 8 as described and recorded in volume 887, page 35 Deed Records of Nueces County, Texas, same also being described by a drawing (115206_PARCEL RELEASE.dwg dated June 22, 2016) attached to and made part hereof and more particularly described as follows: BEGINNING at a 1/2" iron rod found with plastic cap stamped "CDS/MUERY S.A. TX." in the northeast line of the aforementioned Lot 7 for the south corner of Lot 4, Block 5 of the Hamlin Place Unit -1 as described and recorded in volume 21, page 5, Map Records of Nueces County, Texas, and the west corner of a 1.00 acre tract of land as described and recorded in volume 336, page 168, Deed Records of Nueces County, Texas; THENCE along the northeast line of the aforementioned Lot 7, the northeast line of the aforementioned Lot 8 and the southwest line of the aforementioned 1.00 acre tract, S62°01 '54"E a distance of 143.00 feet (Record S61 °48'20"E) to a point for the east corner of the herein described 0.041 of an acre tract; THENCE leaving the northeast line of the aforementioned Lot 8 and the southwest line of the aforementioned 1.00 acre tract, along the southeast line a 15 foot utility easement as described and recorded in volume 22, page 26 Map Records of Nueces County, Texas, S27°52'33"W a distance of 73.63 feet to a point for an angle corner of the herein described 0.041 of an acre tract, from which a punch in concrete found in the northwest line of Block B of the Parkdale Shopping Center as described and recorded in volume 26, page 17, Map Records of Nueces County, Texas, for an angle corner of said Lot 8 and the northeast corner of Lot 9 of the aforementioned Block 5 bears S27°52'50"W a distance of 16.05 feet and N83° 13'21 "E a distance of 28.80 feet (Record N82°54' 14"E); THENCE leaving the southeast line of the aforementioned 15 foot utility easement, N83°13 '21"W a distance of 16.08 feet to a point in the northwest line of said 15 foot utility easement for the most southerly west corner of the herein described 0.041 of an acre tract; THENCE along northwest line of the aforementioned 15 foot utility easement, N27°52'33"E a distance of 74.44 feet to a point in the southwest line of a 5 foot utility easement as described and recorded in volume 22, page 26 Map Records of Nueces County, Texas, for an interior corner of the herein described 0.041 of an acre tract; THENCE leaving the northwest line of the aforementioned 15 foot utility easement, along the southwest line of the aforementioned 5 foot utility easement, N62°01'54"W a distance of 128.02 feet to a point for the most northerly west corner of the herein described 0.041 of an acre tract; Page 1 of 2 PARCEL RELEASE.docx June 22, 2016 3411 Magic Drive • San Antonio, Texas 78229 • Phone: (210) 581-1 1 I I • Fax: (210) 581-5555 • TBPE No. F-1733 • TBPLS No. 100495-00 AEP TEXAS CENTRAL COMPANY CITY OF CORPUS CHRISTI NUECES COUNTY, TEXAS 0.041 OF AN ACRE UTILITY EASEMENT RELEASE THENCE leaving the southwest line of the aforementioned 5 foot utility easement, N28°05'32"E a distance of 5.00 feet to the PLACE OF BEGINNING and containing 0.041 of an acre of land; The bearing basis for this survey is Grid North, Texas State Plane Coordinate System, NAD 1983 (HARN), South Zone. THE STATE OF TEXAS KNOWN TO ALL MEN BY THESE PRESENTS: COUNTY OF BEXAR I, John T. Kubala, a Registered Professional Land Surveyor, do hereby certify that the above field notes were prepared using information obtained by an on the ground survey made under my direction and supervision in March and April 2016. Date 24 day of _� r Page 2 of 2 PARCEL RELEASE.docx June 22, 2016 2016 A.D. ohn T. Kyibala Registered Professional Land Surveyor No. 4505 - State of Texas 3411 Magic Drive • San Antonio, Texas 78229 • Phone: (210) 581-1 1 1 1 • Fax: (210) 581-5555 • TBPE No. F-1733 • TBPLS No. 100495-00 0- •- O - POB — P.R.N.C.— D.R.N.C._ R - (RECORD) - LEGEND 1/2" IRON ROD SET WITH PLASTIC CAP STAMPED "CDS/MUERY S.A. TX." FOUND MONUMENTATION UNMONUMENTED POINT PLACE OF BEGINNING DENOTES OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS PROPERTY LINES DENOTES DEED RECORDS OF `DN CALL NUECES COUNTY, TEXAS V1s FROM i 1 VOLUUME RD 21, PAGEEN 5, M.R.N.C. �/3vI vNI p LLACE 21,N IN P V01).$•R OAS 5 LOT 3 LOT 4 LOT 5 1/2" IRON ROD FOUND WITH CAP STAMPED "CDS/MUERY S.A. TX." N: 17,156,421.06 E: 1,345,375.34 POB EXHIBIT "B" Pg. 1 of 1 LOT 2 LEGAL DESC. PARCEL_RELEASE_REV.docx CDS JOB NO. 115206 BEARING BASIS: GRID NORTH COORDINATE SYSTEM: TEXAS STATE PLANE, NAD 1983(HARN), SOUTH ZONE ALL DISTANCES SHOWN ARE SURFACE. (GRID X 1.00002 = SURFACE) THIS EXHIBIT REPRESENTS A BOUNDARY SURVEY ONLY. NO VISIBLE EASEMENTS OR EASEMENTS OF RECORD ARE DEPICTED HEREON. 1.00 ACRE VOL. 336, PG. 168 D.R.N.C. c S6� ,poss,. S.; .F 9!,"- )13 J R. LOT 34 1114 70 ,yo ?sItgY)4 PUNCH IN CONCRETE FOUND (RECORD N8254'14'E) N83' 13'21 "E 26.80' • n U 0QQ QAC. CD cro- - . Q S27'52'33"E 16.05' HAAI.LPV PLACE UNIT -2 STIP VOL. 22, PG. 26 M.R.N. C. V1, ,goiv LOT 9 0.041 OF AN ACRE EASEMENT HAMLIN PLACE UNIT -2 SUBDIVISION AEP TEXAS CENTRAL COMPANY NUECES COUNTY, TEXAS 200' 100' 0 200' •- CDS muerY ENGINEERS • SURVEYORS 3411 MAGIC 02120 SMI A41107110 T 12*0 78229 • 0 (210) 591-1111 121110) 581-5555 TUE MO. r-1233 • T999S M0.190495[0 DRAWN BY: K. HOHN JUNE 22, 2016 DRAWING NAME: PARCEL_RELEASE_REV.dwg AMERICAN® ELECTRIC POWER EXHIBIT C SOUTHSIDE SUBSTATION SITE LOCATION MAP N.T.S ADDRESS: 4000 SOUTH STAPLES STREET CORPUS CHRISTV, TX 78411 LAT: 27° 43' 55" N LONG: 97° 23' 00" W AERIAL OVERVIEW HAMLIN PLACE UNIT 2 - EASEMENT CLOSURE 1 N AERIAL MAP EASEMENT CLOSURE 1 N AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 26, 2016 Second Reading Ordinance for the City Council Meeting of August 9, 2016 DATE: TO: July 11,2016 Margie C. Rose, City Manager FROM: Alyssa M. Barrera, Business Liaison — City Manager's Office AlyssaB@cctexas.com (361) 826-3356 Mike Markle, Chief of Police MikeMa@cctexas.com (361) 886-2603 Funding Agreement for Corpus Christi Downtown Management District's Bike Share Program CAPTION: Ordinance authorizing the City Manager or designee to execute a participation agreement for Bicycle Sharing program with the Corpus Christi Downtown Management District for $90,000 over 3 years; and authorizing the City Manager or his designee to execute Licenses for Use of City Property to install bicycle racks for bicycle sharing service with Zagster, Inc (" Licensee") PURPOSE: The purpose of this item is to approve a three year Funding Agreement with the Corpus Christi Downtown Management District ("DMD"), for a Bike Share Program. BACKGROUND AND FINDINGS: In 2014, with the leadership of a new Executive Director, the CCDMD developed a Three -Year Strategic Plan. In fall 2014, Council motioned to support the CCDMD's new Three -Year Strategic Plan. In the DMD's Three -Year Strategic Plan, they identified exploring the feasibility of a Bike Share Program as one of their 68 action items. Through the 2015 Downtown Perception Survey, a "Bike Share Program," was among the top 10 programs/amenities residents wanted to see for Downtown. The DMD and a broad-based Bike Share Steering Committee researched this item and identified the turn -key offerings of Zagster as ideal for our community. They began to identify funding sources. DMD approached the Parking Advisory Committee for $30,000 and city departments for $20,000 funding. Due to General Fund challenges and the Zero Based Budgeting process, city departments were unable to commit funding. Staff recommended TIRZ funding as an alternative to General Funds. This brings total City funding to $30,000 per year for three years, beginning with FY 2017, subject to budget approvals. o $10,000 from Parking Improvement Fund o $20,000 from TIRZ Funds Additional funding participants are the Downtown Revitalization Alliance and Corpus Christi Regional Transportation Authority. ALTERNATIVES: The Council may chose not to approve this item. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Police Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $90,000 $90,000 BALANCE $90,000 $90,000 Fund(s): 1020 Comments: This item is subject to annual budget appropriations. RECOMMENDATION: Staff recommends approval of the motion to execute the DMD Bike Share Program LIST OF SUPPORTING DOCUMENTS: Ordinance — DMD Bike Share Program Agreement — Bike Share Program Presentation — DMD Bike Share Program Ordinance authorizing the City Manager or designee to execute a participation agreement for bicycle sharing program with the Corpus Christi Downtown Management District for $90,000 over 3 years; and authorizing the City Manager or her designee to execute licenses for use of City property to install bicycle racks for bicycle sharing service with Zagster, Inc (" Licensee") Whereas, the Corpus Christi Parking Advisory Committee recommended the City contribute $30,000 to the Corpus Christi Downtown Management District for the Bicycle Sharing Program; Whereas, the Tax Increment Reinvestment Zone # 3 board has recommended the City contribute $60,000 for the Bicycle Sharing Program; Whereas, the Corpus Christi Regional Transportation Authority has committed $108,000 and Corpus Christi Downtown Management District has committed $30,000 for the Bicycle Service Program; and Whereas, the Corpus Christi Downtown Management District is the contract administrator for Bicycle Sharing Service Contract with Zagster, Inc. 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 the attached participation agreement for Bicycle Sharing Program with the Corpus Christi Downtown Management District to provide said District with $30,000 per year for 3 years for a total of $90,000 with changes and amendments thereto as approved by the City Attorney, subject to approval of funds by the Tax Increment Reinvestment Zone #3 and the City Council. SECTION 2. The City Manager or designee is authorized to execute licenses for use of City owned and/or controlled property and right-of-way to install bicycle racks for bicycle sharing service with Zagster, Inc. at locations determined by the City's Director of Development Services to not substantially impair the flow of traffic. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 2 PARTICIPATION AGREEMENT FOR BICYCLE SHARING SERVICES This Participation Agreement is made by the City of Corpus Christi, Texas (the "City") and the Corpus Christi Downtown Management District (the "DMD"), pertaining to the implementation of a bicycle sharing service in the downtown area of Corpus Christi, Texas. 1. Zagster Contract. The DMD has entered into a contract with Zagster, Inc. to provide bicycle sharing services, bicycles and bicycle racks in the downtown area of Corpus Christi (the "Program"). The proposed locations of the bicycle racks are described on Exhibit A attached. A true and correct copy of the Master Services Agreement with Zagster, Inc. is attached as Exhibit B. The DMD has arranged for bicycle sharing services over a three-year period to be allocated as follows: DMD Share City Share RTA Share $30,000.00 $90,000.00 $108,000.00 2. Contract Administration. The DMD shall handle all contract administration and management in connection with the Program. 3. City Participation. The City's participation in this Program shall be funded through its Parking Improvement Fund and Tax Increment Reinvestment Zone #3. The City agrees to pay to the DMD the sum of $30,000.00 per year as its portion of the total estimated costs of the Program for 2016-2019. Nothing herein shall obligate the City to pay more than $90,000 in connection with the Program, and any additional fees or expenses incurred by the DMD shall be the sole responsibility of the DMD. The first payment shall be made after October 1, 2016 within 30 days of written request from the DMD. Subsequent year payments will be made after October 15t of that year within 30 days of written request from the DMD. 4. City Locations. The City agrees to cooperate with the DMD and Zagster in the location of the bicycle racks for the Program at the proposed locations shown on Exhibit A. To the extent that the actual locations of bicycle racks are on the City's property, Zagster will be required to obtain a license for the use of such locations for bicycle racks for the duration of the Program. Such licenses may require Zagster to indemnify the City, provide proof of insurance with the City as an additional insured, notification of surrounding property owners, compliance with the American with Disability Act, and approval by the City's Traffic Engineering and Development Service Departments. The exact locations of the bicycle racks on the City's property shall be subject to the approval of the City Manager or her designee. 5. Terni. This Agreement shall be for a term of three years from October 1, 2016 through September 30, 2019. 6. Amendments. No amendments, modifications or other changes to this Agreement shall be valid or effective absent the written agreement of both parties hereto. 7. Enforceability. This Agreement shall be interpreted, construed and governed by the laws of the United States and the State of Texas and shall be enforceable in any court of competent jurisdiction in Nueces County, Texas. The DMD shall comply with all applicable federal, state and local laws, rules and regulations in performing under this Agreement. 8. Notices. Notices under this Agreement shall be addressed to the parties as indicated below, or changed by written notice to such effect, and shall be effected when delivered or when deposited in the U.S. Mail, post pre -paid, certified mail, retum receipt requested. City: City of Corpus Christi, Texas Attn: City Manager 1201 Leopard Street Corpus Christi, Texas 78401 DMD: Corpus Christi Downtown Management District 223 N. Chaparral Street, Suite A Corpus Christi, Texas 78401 9. Non -appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30 annually, is subject to appropriations and budget approval covering this Agreement as an expenditure in said budget; however, it's within the sole discretion of the City Council of the City and the Tax Increment Reinvestment Zone #3 Board to determine whether to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. Each Party paying for the performance of services must make those payments from current revenues available to the paying party. 10. No Third-Partv Beneficiaries. By entering into this Agreement, the parties do not intend to create any obligations, express or implied, other than those set out herein. Further, this Agreement shall not create any rights in any party not a signatory hereto. 11. Relationship of the Parties. Nothing contained in this agreement shall be construed to create a partnership, joint venture, or a relationship of employment or agent. Neither Party hereto shall have any authority to create or assume in the other's name or on its behalf any obligation, express or implied, nor to act or purport to act as the other's agent or legally empowered representative for any purpose whatsoever. 12. Entire Agreement. This Agreement contains the entire understanding of the parties with respect to the matters covered by this document. C:Users.Terry Sweeney.DMDTECH021AppData'..LocaI.Mlcrosoft'.WindowstiTemporary Internet FIles \Conient.Dutiook\VN3RMGM0116 Zagster Participation City BB 13Juiy16.docx Page 2 Executed this day of July, 2016. CITY OF CORPUS CHRISTI, TEXAS CORPUS CHRISTI DOWNTOWN MAN ENT r !STRICT By: B Margie Rose, City Manager Ter 7 Date Date ATTEST: Rebecca Huerta City Secretary Date APPROVED AS TO LEGAL FORM: By: Buck Brice Assistant City Attorney for City Attorney Sw:.eney, Execut e Director C:IUsers\Terry Sweeney.DMDT5CH021AppData'LocaI Microsoh,WindowslTemporary Internet Files\Content.Outiook\VN3RMGM0116 Zagster Participation City BB 13JuIy16.docx Page 2 EXHIBIT A Proposed RTA Supported Locations 1. La Retama Park Bus Stop area 2. RTA Customer Service Center Proposed DMD/DRA and City Supported Locations 1. Peoples St./Shoreline Bus Stops Kaps ME 1 2. Visitor's Center Area 3. Bay Shore Park � Zagster Order Company Information Bill To: Corpus Christi Downtown Management District 223 N Chaparral St : Ste A Corpus Christi, Texas 78401 United States Payment Terms Payment Terms: Net 30 Days EXHIBIT B Zagster Inc 24 Thorndike Street Cambridge, Massachusetts 02141 United States 844-ZAGSTER Billing Frequency: Annual Product & One Time Fee Lines Product & OneTlme Fee Zagster Standard Adult Bike Bike Parking Space (included with Bike) Location rmplementation/Setup Fee Custom Bike Extra BlkeParking Space Custom Bike Service Lines Service Service Fee per Bike - Annual Service Fee per Bike Annual Service Fee per Bike -Annual Theft Fee per Bike - Annual Order S0-0001047 Description ORDER tor Corpus Christi Downtown Management District Order SO -0001047 Date 6/28/2016 Prepared by Michael Sheppard Billing Contact: Terry Sweeney Billing Email: terry@cctexasdmd com Billing Phone: (361) 882-3832 City of Corpus Christi Parking Advisory Fund - Pro -Rated Launch Marketing for Corpus Christi Bike Share Corpus Christi Downtown Management District and Downtown Revitalization Alliance - Pro -Rated Launch Marketing for Corpus Christi Bike Share Description Corpus Christi Downtown Management District and Downtown Revitalization Alliance Corpus Christi Regional Transit Authority City of Corpus Christi Parking Advisory Fund Subject to increase or reduction based on actual number of Bicycles Installed Quantity 30.00 $0.00 30 00 $0.00 6 00 $0 00 Unit Price Total $0 00 $0 00 $0.00 1.00 $3,000 00 $3 000 00 20 00 $0 00 $0 00 1 00 53,000 00 53,000 00 Date Start - Date End Quantity Term 8/5/2016 -8/4/2019 8/5/2016 -8/4/2019 8/5/2016 -8/4/2019 8/5/2016 -8/4/2019 Unit Price Total $1,800 00 5.00 3 YrNr$27,000 00 $1,800 00 20.00 3 YrNr $108,000 00 $1.800 00 5.00 3 Yr Nr $27,000 00 30 00 3 Yr $0 001Yr $0 00 Products and Services Total $168,000.00 Net Amount 8168,000.00 Total Applied Payments $0 00 Balance Due Amount: $60,000.00 Signatures on Last Page Pago 1 c:f Additional Terms Location I mplementation/Setup Fee Company will pay to Zagster the nonrefundable product and one time fees in the amounts, if any, described above, within 30 days of the Order Date. Service Fee per Bike - Annual Company will pay to Zagster the nonrefundable recurring fees (the °Service Lines Fees' ) set forth above 30 days prior to estimated start date ("Date Start") set forth above. Service Lines Fees are due annually, up front and in advance Zagster will not launch the bike share program until the Service Lines Fees are paid. Christi Downtown Management District Zagster, Inc Signature Name (Please Print) Name (Please Print) nlecLI4-:v eibf Title Title Date Date All rights reserved. Copyright Zagster, Inc Order SO -0001047 Page 2 of 2 Zagster a better way to hike ATTACHMENT 1 TO ZAGSTER, INC. ORDER FORM FOR CORPUS CHRISTI. TEXAS Master Services Agreement This term (the "Term") of this Master Services Agreement shall be as set forth in the Order Form between the parties dated as of the Effective Date (the "Order Form"). Schedule A Zagster Services and Fees 1. Description of Zagster Service. During the term of this Agreement, Zagster will provide to Company the following (collectively, the "Zagster Service"): a The Zagster Bicycles set forth in Section 5 below and the right for Users to access and use the Zagster Bicycles as described in Section 9 below. b A Site Survey to determine the Locations and Launch Date. c. A license to use Zagster's proprietary bicycle rental management software (the "Zagster Software") and accompanying user information (the "Documentation") pursuant to Section 7 below d Routine maintenance on the Zagster Bicycles to address usual and customary wear and tear maintenance on the Zagster bicycles as described in more detail in Section 8 below. Company acknowledges that routine maintenance does not cover abuse, theft, vandalism, accident and/or similar issues while the bicycles are not in use by Users unless Company has elected to include such coverage and has paid the applicable fees set forth in Section 5 below. e. Automated locks and bicycle racks to be used with the Zagster Bicycles, subject to payment of the one lime fee described in Section 4 below. f. Zagster marketing materiars (the "Zagster Marketing Materials"). g. Zagster customer services for Users as they are generally commercially available from time to time. 2. Term of Agreement; Exclusivity. The initial term of this Agreement will commence on the date as set in the Order Form and, unless terminated earlier in accordance herewith, will continue for a period 0112 months from the Launch Date. This Agreement will automatically renew for successive 12 month periods unless either party gives the other written notice of termination at least thirty (30) days prior to the end of the then•current term. During the term of this Agreement, Company agrees that Zagster shall be the only bicycle sharing and+or bicycle rental service promoted and used by Company. Unless otherwise mutually by the parties in writing, Zagster will not increase the fees payable hereunder for any renewal term. 3. Launch Date; Site Survey. Company acknowledges and agrees that Zagster may perform a survey of the site where Company desires that the Zagster Bicycles be Installed. Zagster will perform this survey promptly after the Effective Date and the parties will mutually agree on the location of Installation and the date the Zagster Service will be launched at that location. For purposes hereof, the "Launch Date" means the date on which the Zagster Service is fully implemented for Company at the first launch Location. The launch of the Zagster Service on the Launch Date is subject to both Zagster and the Company fulfilling all of their obligations under this Agreement which are required to be fulfilled to enable Zagster to launch the Zagster Service, including without limitation payment of the one-time fee set forth in Section 4 below. Promptly after the Launch Date, Zagster will provide Company with a Launch Notification Form, which will inform Company of the mutually agreed to Initial installation Location and the Launch Date. Additional Locations or Bikes may be added from time to time by mutual written agreement of the parties). (Remainder of page Intentionally left blank) 4. One Time Fees. Company will pay to Zagster non-refundable one-time fees in the amounts described in the Order Form to set-up and install the Zagster Bicycles at the locations set forth in the Launch Notification Form (the "Locations") and for such other materials as may be mutually agreed to by the parties and set forth in the Order Form. The Company will pay the one- time fees to Zagster on or before the Launch Date. 5. Fees and Number of Zagster Bicycles. During the Term, Zagster will provide the number of bicycles ("Zagster Bicycles") at the Locations set forth in the Launch Notification Form as set forth in the Order Form. The number of Zagster Bicycles may be increased, with a corresponding increase in the Recurring Fees to be paid by Company, by mutual written agreement of the parties. Recurring Fee payment terms are described in the Order Form. Provided, Zagster understands and agrees that Locations may be on the property of third parties not controlled by Company. Company will attempt to collect the fees required hereunder for such Locations and remit such fees to Zagster. However, Zagster agrees that Company shall not be responsible or liable for the payment of any fees associated with Locations on the property of third parties. In the event any third party fails to pay the fees required in the Order Form, Company will notify Zagster of such failure to pay and Zagster's sole remedy shall be to decline to install the Zagster Bicycles or to provide any other Zagster Service with respect to such third party (or to remove the Zagster Bicycles and terminate the Zagster Services with respect to such third party if the Zagster Bicycles and Zagster Services have previously been provided). Accordingly, Company acknowledges and agrees that Zagster will not launch such Locations unless and until Zagster has been paid in full for the applicable fees for such Locations. 6. Marketing. Zagster will provide to Company (a) a Zagster Account Manager and (b) the Zagster Marketing Materials to promote Zagster's bike sharing program. In addition, Zagster will provide the Company with Zagster's standard signage (the "Zagster Signage") at or adjacent to all Zagster locations at the locations set forth in the table above (the "Locations"). Prior to the Launch Date, Zagster will also provide the Company's marketing contact with training on the Zagster Service and the use of the Zagster Software. This training may be provided on site or online at Zagster's discretion. 7. License Grant. Subject to the terms and conditions of this Agreement and payment of the fees described herein, Zagster hereby grants Company a non-exclusive, non -transferable license in the United States for the term of this Agreement to access and use the Zagster Software as hosted by Zagster and the related Documentation solely for Company's management of the Zagster Bicycles at the Locations. Company mreay not redistribute or permit third parties to access or use the Zagster Software. Company agrees to maintain the security and confidentiality of the user names and passwords provided by Zagster to the Company in connection with Company's use of the Zagster Software. Except for the rights granted to Company in this Section, all right, title and interest in and to the Zagster Software and the Documentation, including without limitation alt intellectual property embodied therein, shall remain exclusively in Zagster. The license granted hereunder includes no rights in or to the source code versions of the Zagster Software or to the object code version of the Zagster Software, other than to the object code version as hosted by Zagster. Neither Company nor its employees shall attempt to reproduce, copy, disassemble, alter, decompile or otherwise reverse engineer or modify or create derivative works of the Zagster Software in any way. Neither Company nor its employees shall make access 10 the Zagster Software available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so. 8. Maintenance Services. Zagster will provide the following maintenance services (the costs of which will be included in the Recurring Fees as outlined in Section 5 above) with respect to the Zagster Bicycles (the "Maintenance Services"): a. Zagster maintenance personnel will visit each of the Locations on a regular basis to inspect the Zagster Bicycles and perform the following maintenance services on the Zagster Bicycles: (i) replace worn tires, (ii) replace worn drive train components, (iii) clean and lube drive train components, and (iv) general cleaning. b. Zagster will, at Zagster's sole option, either replace or fully refurbish the Zagster Bicycles as reasonably necessary, but no less frequently than every three years from the Launch Date. 9. Zagster Membership a. Generally. Each person that has been authenticated by Zagster and is a Zagster member in good standing shall be eligible to use the Zagster Bicycles (a "User") at the usage rates set forth at www.zagster.com and subject to Zagster then current policies and procedures, including without limitation the terms and conditions of Zagster's member agreement. To become a Zagster member, a person shall complete Zagster's membership application and, if approved for membership by Zagster, shall enter into Zagster's member agreement in the form set forth at www.zagster.com. Zagster may revise the membership application and member agreement, as well as membership fees, from time to time at its sole discretion. Zagster owns all right, title and interest in and to any and all information and data submitted to Zagster by Users and prospective users. Company will have the right to set the usage fees charged to Users for use of the Zagster Bicycles and Zagster will publish such rates to Users. Notwithstanding the foregoing, if Company is a hotel, Zagster agrees that Company's guests may use the Zagster Bicycles as Users without becoming a Zagster member provided that Company requires the User to sign Zagster's standard liability waiver in the form provided by Zagster to Company from time to time (the "Waiver") and Company shall retain the originally signed Waivers for a period of at least six (6) years from the date of each use by a User. b. Payment of Membership and Usage Fees. Users shall be responsible for paying. via credit card, Zagster's annual membership fee, usage fees, and such additional fees and charges as set forth at www.Zagster.com, as adjusted from time to time in Zagster's sole discretion. All fees paid by Users will be processed by Zagster's third party credit card processor and Zagster will not receive, process, retain or maintain any credit card data. Zagster will share a portion of the usage fees actually collected from Users that use the Zagster Bicycles at the Locations with Company less usage fees which Zagster credits or reimburses the User (the "Net Usage Fees"). Within thirty (30) days from the end of each calendar quarter during the Term, Zagster will remit to Company 93% of the Net Usage Fees and a report summarizing the calculation of Net Usage Fees. Zagster may offset against the Net Usage Fees any and all other amounts, fees, or charges due from Company to Zagster hereunder. (Remainder of page intentionally left blank) Schedule B Company Obligations 1. Generally. During the term of the Agreement, Company will: (a) Permit Zagster personnel to access each Location, at mutually agreed dates and times, to perform a site survey, take pictures of the Location, and otherwise review and inspect the Location with Company personnel to determine a mutually agreed to area at each Location to Install the Zagster Signage, Zagster Bicycles and Zagster bicycle racks. (b) Provide the required square footage in a mutually agreed to area at each Location to enable Zagster to Install the Zagster bicycle racks and Zagster Bicycles and provide the necessary additional space for any mutually agreed to increase in the number of Zagster Bicycles. In addition, Company agrees to receive shipments of the Zagster Bicycles and related materials and will store the Zagster Bicycles and related materials in a secure location until Zagster personnel arrive to install same. Company shall permit Zagster to dispose of shipping materials at the Locations and provide access to Company's trash facilities in connection with same. (c) Permit Zagster personnel to access each Location, at a mutually agreed to date and time, to set-up and install the Zagster Bicycles and Zagster Signage at the Locations, Including installation of appropriate bicycle racks to be provided by Zagster, and to take pictures of the Zagster Bicycles as installed at each Location. Only upon its prior written authorization (which shall not be unreasonably withheld) will Company agree to allow Zagster to use the pictures for marketing Zagster Services. (d) Permit Zagster personnel to access the Locations during normal business hours Monday --Friday, or as may be otherwise required, to provide Maintenance Services. Company will provide Zagster with an appropriate number of parking passes to be provided to Zagster personnel to enable Zagster personnel to access the Locations without charge. (e) Keep all Locations where Zagster Bikes are stored clean and debris—free in substantially similar condition to the condition as of the Launch Date, and comply with Zagster's then standard requirements for the Zagster Service. 2. Marketing. (a) information. Following the Effective Date, Company will provide to Zagster the information and materials required to implement the Zagster Service at the Company's Locations. (b) Marketing Contact. Company will assign and maintain an appropriate Company contact who will (i) have responsibility for all interactions with Zagster regarding matters covered by this Agreement, (ii) be reasonably accessible to Zagster during normal business hours, and (Iii) use the Zagster Marketing Materials to promote the availability of Zagster Bicycles and/or work with Zagster to create relevant materials. Company acknowledges and agrees that the success of the program will depend on the level of marketing support provided by the Company. The marketing contact will be responsible for training Company's employees with respect to the Zagster Service and the Zagster Software (c) Marketing Obligations. Company's marketing contact will coordinate marketing opportunities with Zagster and will assist Zagster in marketing the Zagster Service to Users and prospective users. The Company may use the Marketing Materials for the sole purpose of marketing the Zagster Service to Users and prospective users. Further, If Company desires to create custom email communications or other marketing materials, Company may do so subject to Zagster's prior review and approval, which will not be unreasonably withheld or delayed. Zagster may provide any approvals required under this section via email. Zagster shall not distribute or publish any Marketing Materials contemplated under this Agreement, or otherwise make any public statements in any social forum or medium relating to this Agreement or referencing this arrangement with the Company without the prior written consent of the Company (which shall not be unreasonably withheld). (d) Zagster Marketing Rights. Company, at Its sole discretion, will provide Zagster with a list of Company's prospective users of the Zagster Bicycles, which list shall include name, e-mail address, and other mutually agreed to information (the "Marketing List"). Company hereby agrees that Zagster may use such Marketing List to send marketing information and materials about Zagster and the Zagster Bicycles available at the Locations, provided, that Zagster receives prior written approval of the proposed marketing information from Company (which shall not be unreasonably withheld) and that Zagster provides the recipients with the ability to opt -out of receiving future communications. 3. Zagster Bicycles. (a) Company will use reasonable efforts to report any maintenance issues relating to Zagster Bikes or the Zagster Bike Racks or facility on Company premises. Such reasonable efforts by the Company will be construed only to mean a general visual inspection to look for flat tires, obvious and material cosmetic defects to the bicycles and/or racks, and graffiti. Zagster will respond to all maintenance issues reported by Company as soon as commercially practicable. (b) At Zagster's request, unless Company has elected Damage Coverage. Company shall reimburse Zagster for the costs, Including costs of labor, to replace and/or repair Zagster Bicycles (only if it is apparent that such Bicycles are vandalized, stolen or damaged while not in use by a User but not for normal or expected wear and tear due to routine usage nor for damage, vandalism, or Zagster Bicycles stolen while in use by a user), Zagster automated locks, and/or Zagster bicycle racks that have been vandalized, stolen, and/or damaged by accident or misuse or abuse. Zagster shall invoice Company for such costs on a regular basis and shall accompany the invoice with supporting documentation. Company shall pay such invoices within thirty (30) days of receipt. (c) Company will use Its commercially reasonable best efforts to promptly remove all non--Zagster bicycles from the Zagster bicycle racks at the Locations. (Remainder of page intentionally left blank] Schedule C Terms and Conditions 1. Services; Relationship of the Parties. Subject to the terms and conditions of this Agreement, Zagster will provide the Zagster Service set forth in Schedule A and Company will perform the obligations set forth on Schedule B. The relationship of the parties to this Agreement is solely that of independent contractors. Neither party will have any authority to contract with third parties on behalf of the other party or to expressly or Impliedly represent that it has any such authority, to any person. 2. Payment Terms. Other than the One Time Fees, which shall be due and payable in accordance with Schedule A, all fees payable hereunder are due within 30 days from the date of Zagster's invoice. If Company fails to pay an Invoice in a timely manner, Zagster will give Company written notice. If Company fails to make payment within 10 business days of Zagster's notice, then (a) Zagster will have the right to enter Company's property after Zagster notifies Company of its intention to remove its equipment during normal business hours and remove the Zagster Bicycles and Zagster bicycle racks, signage and any other Zagster materials, and Company will be liable for all fees, costs, and expenses actually incurred by Zagster in connection with such removal, and (b) interest will accrue on all amounts due from the original date due to the date paid, at the lesser of 12% per year or the highest rate permitted by applicable law. Company will pay all taxes or other govemmental charges (including import duties) levied in connection with the Services. 3. Insurance. During the term of this Agreement, Zagster will maintain appropriate business and liability Insurance protection covering its activities hereunder. 4. Publicity. Zagster may release a press release announcing the parties' relationship hereunder with the prior consent of Company, which shall not be unreasonably withheld. Unless otherwise expressly permitted in this Agreement, neither party will use the other party's name, logos, trademarks or service marks in any manner without the other party's prior written approval. Company must first expressly approve in writing any and all proposed uses of the Company' name, logos, trademarks and service marks (i) to, create marketing and advertising materials for Company to use to promote the Service to its employees and (ii) on Zagster's customer list which will be displayed on Zagster's website and in other publications. Each party consenting to use of its Marks hereunder shall remain the sole and exclusive owner of all right, title and interest in and to its Marks and the goodwill associated therewith. Upon termination of this Agreement, such use of the other party's Marks shall immediately cease. 5. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZAGSTER MAKES NO WARRANTIES WITH RESPECT TO THE ZAGSTER SERVICE OR THE SUBJECT MATTER OF THIS AGREEMENT AND HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON -INFRINGEMENT. NO WARRANTY IS MADE THAT THE ZAGSTER SERVICE WILL MEET COMPANY'S REQUIREMENTS. 6. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR INTERRUPTION OF BUSINESS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT WITH RESPECT TO COMPANY'S PAYMENT OBLIGATIONS AND EACH PARTY'S CONFIDENTIALITY OBLIGATIONS, NEITHER PARTY'S LIABILITY HEREUNDER WILL EXCEED THE FEES PAID AND PAYABLE FOR THE ZAGSTER SERVICE THAT IS THE SUBJECT OF THE CLAIM. COMPANY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION REPRESENT A REASONABLE ALLOCATION OF RISK THAT IS REFLECTED IN THE FEES PAID BY COMPANY. THE FOREGOING LIMITATION OF LIABILITY IS NOT INTENDED TO LIMIT EITHER PARTY'S LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. 7. Confidentiality; Suggestions. Each party acknowledges that during the term of this Agreement the other party may disclose information, whether orally, visually, or in tangible form, that Is proprietary and confidential to the disclosing party and is disclosed or marked as proprietary or confidential (hereafter "Confidential Information") and that the unauthorized disclosure of Confidential Information may cause irreparable harm to the disclosing party. Zagster acknowledges that Company's prospective user lists (if applicable) are proprietary to Company and Zagster will not use them, other than to provide Zagster Service hereunder, without Company's permission. Each party shall only use the Confidential Information to perform its obligations hereunder and will take all reasonable measures to safeguard and prevent the unauthorized disclosure of Confidential Information, but no less than the measures it takes to safeguard its own confidential information, including without limitation disclosing Confidential Information only to those of its employees with a need to know such information to perform their obligations hereunder and which have been advised of the confidential nature of the Information and have agreed to protect the Confidential Information to the same extent as Company hereunder. The parties acknowledge that it will be impossible to measure the damages that would be suffered by one party if the other party fails to comply with the provisions of this Section 7 and that in the event of any such failure, such party will not have an adequate remedy at law and shall. therefore, be entitled, in addition to any other rights and remedies, to seek specific performance of the receiving party's obligations and to seek immediate injunctive relief with respect thereto. Company may, from time to time, provide suggestions, techniques, know-how, comments, feedback or other input to Zagster with respect to the Zagster Service (collectively. "Suggestions"). Both parties agree that each Suggestion is and shall be given entirely voluntarily. Each Suggestion. even if designated as confidential by Company shall not, absent a signed, written agreement with Zagster, create an obligation of confidentiality for Zagster. Company agrees that it shall not give any Suggestion that is subject to license terms or restrictions that seek to require any Zagster technology, service, product or documentation incorporating or derived from such Suggestion, or any Zagster Intellectual property, to be licensed or otherwise shared with Company or any third party. Furthermore, Company hereby assigns all right, title and interest in and to Suggestions to Zagster including without limitation all intellectual property rights therein, and will take any and all actions reasonably requested by Zagster to effect such assignment. B. Termination. a. Company shall have a one-time right to terminate this Agreement, with such termination to be effective on the 60th day following the Effective Date, by providing written notice to Zagster at least ten (10) days prior to such 60th day. If Company does not exercise the foregoing right in accordance with the foregoing sentence, Company will have no further right to terminate this Agreement other than in accordance with Section 8(b) below. Should Company exercise its right to terminate the Agreement by the 60th day following the Effective Date, Company shall be liable only for the One Time Fees and for the Recurring Fees for the number of months Company has subscribed to the Zagster Service (plus any number of days beyond the last full month the Agreement Is in effect on a pro -rated basis). b. If either party breaches this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice of that breach from the other party, then the other party may terminate this Agreement effective as of the end of that period. The commitment of an act of bankruptcy (such as a giving general assignment for the benefit of creditors) or the filing of a bankruptcy petition will be deemed a breach if not vacated within thirty (30) days of filing. It is recognized that some breaches are not capable of cure, such as a cessation of business, With respect to any such incurable breach by a party, if it remains possible to give notice, then upon such written notice by the other party this Agreement will be deemed terminated. 1111 is not possible then this Agreement will be deemed to terminate automatically upon such breach. In addition, if Company has entered into this Agreement in its capacity as a multi -family property owner or management company, Company may terminate this Agreement with written notice to Zagster terminating this Agreement within 30 days of the consummation of a change of control of Company which results In the assignment of this Agreement to Company's successor. c. No termination for cause will be deemed a waiver of any claim for damages by the terminating party. d. Upon the termination of this Agreement, each party will promptly destroy or, on the other party's request, retum all of the other party's Confidential Information, Including all copies thereof. The payment and fee provisions of Schedule A shall survive any termination or expiration of this Agreement with respect to any unpaid fees due and owing hereunder. Sections 5. 6, 7. 6. and 9 of this Schedule C shall survive any termination or expiration of this Agreement 9. Miscellaneous. Each party represents and warrants to the other that it has the authority to enter into this Agreement and is not under any obligation to any third party that would conflict with this Agreement. This Agreement, including all of the Schedules hereto, is the entire agreement between the parties with respect to the subject matter hereof and supersedes all other prior and contemporaneous agreements and understandings, oral and written, between the parties with respect to the subject matter hereof. Additional or different terms in any purchase order or similar document will not modify or add to the terms of this Agreement unless mutually agreed in writing by the parties. This Agreement may be amended only by a written agreement between the parties. If one party fails to enforce any provision of this Agreement, such party will not be precluded from enforcing the same provision at another lime. This Agreement and the rights granted under it may not be assigned or transferred by either party without the written consent of the other party; provided, however, either party will have the right to assign this Agreement to its successor in the event of a merger, acquisition or other consolidation, including without limitation the sale of all or substantially all of Its assets or stock or business to which this Agreement relates. In the event that any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be deemed modified to the minimum extent necessary to render the provision enforceable in a manner that most closely represents the original intent of the parties and the remaining terms and conditions of this Agreement will remain In full force and effect. This Agreement shall be governed by and construed In accordance with the laws of the Commonwealth of Massachusetts without regard to conflicts of laws provisions thereof. The parties agree that the sole jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located In Boston, Suffolk County, Massachusetts, and consent to the exclusive jurisdiction of such courts. In the event of any adjudication of any dispute under this Agreement, the prevailing party in such action will be entitled to reimbursement of its attorneys' fees and related costs by the other party. The paragraph headings contained in this Agreement are for convenience only and are not Intended to be used nor may they be used in the interpretation of this Agreement. Neither party will be responsible for delays or failures in performance resulting from acts beyond its control. Such acts include but are not be limited to acts of God, labor conflicts, acts of war or civil disruption, governmental regulations imposed after the fact, public utility out failures, Industry wide shortages of labor or material, or natural disasters. 10. Indemnification. Notwithstanding any limitations on liability that have been previously stated, Zagster agrees to defend, Indemnify and hold harmless Company, Company's affiliates, its officers, directors, shareholders, members, employees or agents from any and all third party claims asserted against Company by a third party ('Third Party Claims") alleging (i) the gross negligence or willful misconduct of Zagster or its employees in the performance of the services hereunder (ii) infringement by the Zagster Software or Zagster trademarks of the third party's intellectual property rights; and Zagster shall pay all damages awarded by a court of competent jurisdiction or agreed to In settlement with respect to such Third Party Claims; provided, that (I) Company shall provide Zagster with written notice promptly upon leaming of any Third Party Claims or complaints that may reasonably result In the indemnification of Company, provided, however, that failure by Company to provide notice to Zagster shall not relieve Zagster of its obligations under this Section unless such failure prejudices Zagster's defense or settlement of the Third Party Claim; (11) Company will permit Zagster to control the defense and settlement of the Third Party Claim. provided Zagster may not settle the Third Party Claim in a manner adverse to Company or which would impose liability on Company without Company's prior written consent (which will not be unreasonably withheld or delayed); and (iii) Company will provide Zagster with assistance in the defense and settlement of the Third Party Claim at Zagster's expense. Company may (at Its own cost) engage its own counsel to participate In the defense and settlement of the Third Party Claim. PARTICIPATION AGREEMENT FOR BICYCLE SHARING SERVICES This Participation Agreement is made by the City of Corpus Christi, Texas (the "City") and the Corpus Christi Downtown Management District (the "DMD"), pertaining to the implementation of a bicycle sharing service in the downtown area of Corpus Christi, Texas. 1. Zagster Contract. The DMD has entered into a contract with Zagster, Inc. to provide bicycle sharing services, bicycles and bicycle racks in the downtown area of Corpus Christi (the "Program"). The proposed locations of the bicycle racks are described on Exhibit A attached. A true and correct copy of the Master Services Agreement with Zagster, Inc. is attached as Exhibit B. The DMD has arranged for bicycle sharing services over a three-year period to be allocated as follows: DMD Share City Share RTA Share $30,000.00 $90,000.00 $108,000.00 2. Contract Administration. The DMD shall handle all contract administration and management in connection with the Program. 3. City Participation. The City's participation in this Program shall be funded through its Parking Improvement Fund and Tax Increment Reinvestment Zone #3. The City agrees to pay to the DMD the sum of $30,000.00 per year as its portion of the total estimated costs of the Program for 2016-2019. Nothing herein shall obligate the City to pay more than $90,000 in connection with the Program, and any additional fees or expenses incurred by the DMD shall be the sole responsibility of the DMD. The first payment shall be made after October 1, 2016 within 30 days of written request from the DMD. Subsequent year payments will be made after October 15t of that year within 30 days of written request from the DMD. 4. City Locations. The City agrees to cooperate with the DMD and Zagster in the location of the bicycle racks for the Program at the proposed locations shown on Exhibit A. To the extent that the actual locations of bicycle racks are on the City's property, Zagster will be required to obtain a license for the use of such locations for bicycle racks for the duration of the Program. Such licenses may require Zagster to indemnify the City, provide proof of insurance with the City as an additional insured, notification of surrounding property owners, compliance with the American with Disability Act, and approval by the City's Traffic Engineering and Development Service Departments. The exact locations of the bicycle racks on the City's property shall be subject to the approval of the City Manager or her designee. 5. Terni. This Agreement shall be for a term of three years from October 1, 2016 through September 30, 2019. 6. Amendments. No amendments, modifications or other changes to this Agreement shall be valid or effective absent the written agreement of both parties hereto. 7. Enforceability. This Agreement shall be interpreted, construed and governed by the laws of the United States and the State of Texas and shall be enforceable in any court of competent jurisdiction in Nueces County, Texas. The DMD shall comply with all applicable federal, state and local laws, rules and regulations in performing under this Agreement. 8. Notices. Notices under this Agreement shall be addressed to the parties as indicated below, or changed by written notice to such effect, and shall be effected when delivered or when deposited in the U.S. Mail, post pre -paid, certified mail, retum receipt requested. City: City of Corpus Christi, Texas Attn: City Manager 1201 Leopard Street Corpus Christi, Texas 78401 DMD: Corpus Christi Downtown Management District 223 N. Chaparral Street, Suite A Corpus Christi, Texas 78401 9. Non -appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30 annually, is subject to appropriations and budget approval covering this Agreement as an expenditure in said budget; however, it's within the sole discretion of the City Council of the City and the Tax Increment Reinvestment Zone #3 Board to determine whether to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. Each Party paying for the performance of services must make those payments from current revenues available to the paying party. 10. No Third-Partv Beneficiaries. By entering into this Agreement, the parties do not intend to create any obligations, express or implied, other than those set out herein. Further, this Agreement shall not create any rights in any party not a signatory hereto. 11. Relationship of the Parties. Nothing contained in this agreement shall be construed to create a partnership, joint venture, or a relationship of employment or agent. Neither Party hereto shall have any authority to create or assume in the other's name or on its behalf any obligation, express or implied, nor to act or purport to act as the other's agent or legally empowered representative for any purpose whatsoever. 12. Entire Agreement. This Agreement contains the entire understanding of the parties with respect to the matters covered by this document. C:Users.Terry Sweeney.DMDTECH021AppData'..LocaI.Mlcrosoft'.WindowstiTemporary Internet FIles \Conient.Dutiook\VN3RMGM0116 Zagster Participation City BB 13Juiy16.docx Page 2 Executed this day of July, 2016. CITY OF CORPUS CHRISTI, TEXAS CORPUS CHRISTI DOWNTOWN MAN ENT r !STRICT By: B Margie Rose, City Manager Ter 7 Date Date ATTEST: Rebecca Huerta City Secretary Date APPROVED AS TO LEGAL FORM: By: Buck Brice Assistant City Attorney for City Attorney Sw:.eney, Execut e Director C:IUsers\Terry Sweeney.DMDT5CH021AppData'LocaI Microsoh,WindowslTemporary Internet Files\Content.Outiook\VN3RMGM0116 Zagster Participation City BB 13JuIy16.docx Page 2 EXHIBIT A Proposed RTA Supported Locations 1. La Retama Park Bus Stop area 2. RTA Customer Service Center Proposed DMD/DRA and City Supported Locations 1. Peoples St./Shoreline Bus Stops Kaps ME 1 2. Visitor's Center Area 3. Bay Shore Park � Zagster Order Company Information Bill To: Corpus Christi Downtown Management District 223 N Chaparral St : Ste A Corpus Christi, Texas 78401 United States Payment Terms Payment Terms: Net 30 Days EXHIBIT B Zagster Inc 24 Thorndike Street Cambridge, Massachusetts 02141 United States 844-ZAGSTER Billing Frequency: Annual Product & One Time Fee Lines Product & OneTlme Fee Zagster Standard Adult Bike Bike Parking Space (included with Bike) Location rmplementation/Setup Fee Custom Bike Extra BlkeParking Space Custom Bike Service Lines Service Service Fee per Bike - Annual Service Fee per Bike Annual Service Fee per Bike -Annual Theft Fee per Bike - Annual Order S0-0001047 Description ORDER tor Corpus Christi Downtown Management District Order SO -0001047 Date 6/28/2016 Prepared by Michael Sheppard Billing Contact: Terry Sweeney Billing Email: terry@cctexasdmd com Billing Phone: (361) 882-3832 City of Corpus Christi Parking Advisory Fund - Pro -Rated Launch Marketing for Corpus Christi Bike Share Corpus Christi Downtown Management District and Downtown Revitalization Alliance - Pro -Rated Launch Marketing for Corpus Christi Bike Share Description Corpus Christi Downtown Management District and Downtown Revitalization Alliance Corpus Christi Regional Transit Authority City of Corpus Christi Parking Advisory Fund Subject to increase or reduction based on actual number of Bicycles Installed Quantity 30.00 $0.00 30 00 $0.00 6 00 $0 00 Unit Price Total $0 00 $0 00 $0.00 1.00 $3,000 00 $3 000 00 20 00 $0 00 $0 00 1 00 53,000 00 53,000 00 Date Start - Date End Quantity Term 8/5/2016 -8/4/2019 8/5/2016 -8/4/2019 8/5/2016 -8/4/2019 8/5/2016 -8/4/2019 Unit Price Total $1,800 00 5.00 3 YrNr$27,000 00 $1,800 00 20.00 3 YrNr $108,000 00 $1.800 00 5.00 3 Yr Nr $27,000 00 30 00 3 Yr $0 001Yr $0 00 Products and Services Total $168,000.00 Net Amount 8168,000.00 Total Applied Payments $0 00 Balance Due Amount: $60,000.00 Signatures on Last Page Pago 1 c:f Additional Terms Location I mplementation/Setup Fee Company will pay to Zagster the nonrefundable product and one time fees in the amounts, if any, described above, within 30 days of the Order Date. Service Fee per Bike - Annual Company will pay to Zagster the nonrefundable recurring fees (the °Service Lines Fees' ) set forth above 30 days prior to estimated start date ("Date Start") set forth above. Service Lines Fees are due annually, up front and in advance Zagster will not launch the bike share program until the Service Lines Fees are paid. Christi Downtown Management District Zagster, Inc Signature Name (Please Print) Name (Please Print) nlecLI4-:v eibf Title Title Date Date All rights reserved. Copyright Zagster, Inc Order SO -0001047 Page 2 of 2 Zagster a better way to hike ATTACHMENT 1 TO ZAGSTER, INC. ORDER FORM FOR CORPUS CHRISTI. TEXAS Master Services Agreement This term (the "Term") of this Master Services Agreement shall be as set forth in the Order Form between the parties dated as of the Effective Date (the "Order Form"). Schedule A Zagster Services and Fees 1. Description of Zagster Service. During the term of this Agreement, Zagster will provide to Company the following (collectively, the "Zagster Service"): a The Zagster Bicycles set forth in Section 5 below and the right for Users to access and use the Zagster Bicycles as described in Section 9 below. b A Site Survey to determine the Locations and Launch Date. c. A license to use Zagster's proprietary bicycle rental management software (the "Zagster Software") and accompanying user information (the "Documentation") pursuant to Section 7 below d Routine maintenance on the Zagster Bicycles to address usual and customary wear and tear maintenance on the Zagster bicycles as described in more detail in Section 8 below. Company acknowledges that routine maintenance does not cover abuse, theft, vandalism, accident and/or similar issues while the bicycles are not in use by Users unless Company has elected to include such coverage and has paid the applicable fees set forth in Section 5 below. e. Automated locks and bicycle racks to be used with the Zagster Bicycles, subject to payment of the one lime fee described in Section 4 below. f. Zagster marketing materiars (the "Zagster Marketing Materials"). g. Zagster customer services for Users as they are generally commercially available from time to time. 2. Term of Agreement; Exclusivity. The initial term of this Agreement will commence on the date as set in the Order Form and, unless terminated earlier in accordance herewith, will continue for a period 0112 months from the Launch Date. This Agreement will automatically renew for successive 12 month periods unless either party gives the other written notice of termination at least thirty (30) days prior to the end of the then•current term. During the term of this Agreement, Company agrees that Zagster shall be the only bicycle sharing and+or bicycle rental service promoted and used by Company. Unless otherwise mutually by the parties in writing, Zagster will not increase the fees payable hereunder for any renewal term. 3. Launch Date; Site Survey. Company acknowledges and agrees that Zagster may perform a survey of the site where Company desires that the Zagster Bicycles be Installed. Zagster will perform this survey promptly after the Effective Date and the parties will mutually agree on the location of Installation and the date the Zagster Service will be launched at that location. For purposes hereof, the "Launch Date" means the date on which the Zagster Service is fully implemented for Company at the first launch Location. The launch of the Zagster Service on the Launch Date is subject to both Zagster and the Company fulfilling all of their obligations under this Agreement which are required to be fulfilled to enable Zagster to launch the Zagster Service, including without limitation payment of the one-time fee set forth in Section 4 below. Promptly after the Launch Date, Zagster will provide Company with a Launch Notification Form, which will inform Company of the mutually agreed to Initial installation Location and the Launch Date. Additional Locations or Bikes may be added from time to time by mutual written agreement of the parties). (Remainder of page Intentionally left blank) 4. One Time Fees. Company will pay to Zagster non-refundable one-time fees in the amounts described in the Order Form to set-up and install the Zagster Bicycles at the locations set forth in the Launch Notification Form (the "Locations") and for such other materials as may be mutually agreed to by the parties and set forth in the Order Form. The Company will pay the one- time fees to Zagster on or before the Launch Date. 5. Fees and Number of Zagster Bicycles. During the Term, Zagster will provide the number of bicycles ("Zagster Bicycles") at the Locations set forth in the Launch Notification Form as set forth in the Order Form. The number of Zagster Bicycles may be increased, with a corresponding increase in the Recurring Fees to be paid by Company, by mutual written agreement of the parties. Recurring Fee payment terms are described in the Order Form. Provided, Zagster understands and agrees that Locations may be on the property of third parties not controlled by Company. Company will attempt to collect the fees required hereunder for such Locations and remit such fees to Zagster. However, Zagster agrees that Company shall not be responsible or liable for the payment of any fees associated with Locations on the property of third parties. In the event any third party fails to pay the fees required in the Order Form, Company will notify Zagster of such failure to pay and Zagster's sole remedy shall be to decline to install the Zagster Bicycles or to provide any other Zagster Service with respect to such third party (or to remove the Zagster Bicycles and terminate the Zagster Services with respect to such third party if the Zagster Bicycles and Zagster Services have previously been provided). Accordingly, Company acknowledges and agrees that Zagster will not launch such Locations unless and until Zagster has been paid in full for the applicable fees for such Locations. 6. Marketing. Zagster will provide to Company (a) a Zagster Account Manager and (b) the Zagster Marketing Materials to promote Zagster's bike sharing program. In addition, Zagster will provide the Company with Zagster's standard signage (the "Zagster Signage") at or adjacent to all Zagster locations at the locations set forth in the table above (the "Locations"). Prior to the Launch Date, Zagster will also provide the Company's marketing contact with training on the Zagster Service and the use of the Zagster Software. This training may be provided on site or online at Zagster's discretion. 7. License Grant. Subject to the terms and conditions of this Agreement and payment of the fees described herein, Zagster hereby grants Company a non-exclusive, non -transferable license in the United States for the term of this Agreement to access and use the Zagster Software as hosted by Zagster and the related Documentation solely for Company's management of the Zagster Bicycles at the Locations. Company mreay not redistribute or permit third parties to access or use the Zagster Software. Company agrees to maintain the security and confidentiality of the user names and passwords provided by Zagster to the Company in connection with Company's use of the Zagster Software. Except for the rights granted to Company in this Section, all right, title and interest in and to the Zagster Software and the Documentation, including without limitation alt intellectual property embodied therein, shall remain exclusively in Zagster. The license granted hereunder includes no rights in or to the source code versions of the Zagster Software or to the object code version of the Zagster Software, other than to the object code version as hosted by Zagster. Neither Company nor its employees shall attempt to reproduce, copy, disassemble, alter, decompile or otherwise reverse engineer or modify or create derivative works of the Zagster Software in any way. Neither Company nor its employees shall make access 10 the Zagster Software available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so. 8. Maintenance Services. Zagster will provide the following maintenance services (the costs of which will be included in the Recurring Fees as outlined in Section 5 above) with respect to the Zagster Bicycles (the "Maintenance Services"): a. Zagster maintenance personnel will visit each of the Locations on a regular basis to inspect the Zagster Bicycles and perform the following maintenance services on the Zagster Bicycles: (i) replace worn tires, (ii) replace worn drive train components, (iii) clean and lube drive train components, and (iv) general cleaning. b. Zagster will, at Zagster's sole option, either replace or fully refurbish the Zagster Bicycles as reasonably necessary, but no less frequently than every three years from the Launch Date. 9. Zagster Membership a. Generally. Each person that has been authenticated by Zagster and is a Zagster member in good standing shall be eligible to use the Zagster Bicycles (a "User") at the usage rates set forth at www.zagster.com and subject to Zagster then current policies and procedures, including without limitation the terms and conditions of Zagster's member agreement. To become a Zagster member, a person shall complete Zagster's membership application and, if approved for membership by Zagster, shall enter into Zagster's member agreement in the form set forth at www.zagster.com. Zagster may revise the membership application and member agreement, as well as membership fees, from time to time at its sole discretion. Zagster owns all right, title and interest in and to any and all information and data submitted to Zagster by Users and prospective users. Company will have the right to set the usage fees charged to Users for use of the Zagster Bicycles and Zagster will publish such rates to Users. Notwithstanding the foregoing, if Company is a hotel, Zagster agrees that Company's guests may use the Zagster Bicycles as Users without becoming a Zagster member provided that Company requires the User to sign Zagster's standard liability waiver in the form provided by Zagster to Company from time to time (the "Waiver") and Company shall retain the originally signed Waivers for a period of at least six (6) years from the date of each use by a User. b. Payment of Membership and Usage Fees. Users shall be responsible for paying. via credit card, Zagster's annual membership fee, usage fees, and such additional fees and charges as set forth at www.Zagster.com, as adjusted from time to time in Zagster's sole discretion. All fees paid by Users will be processed by Zagster's third party credit card processor and Zagster will not receive, process, retain or maintain any credit card data. Zagster will share a portion of the usage fees actually collected from Users that use the Zagster Bicycles at the Locations with Company less usage fees which Zagster credits or reimburses the User (the "Net Usage Fees"). Within thirty (30) days from the end of each calendar quarter during the Term, Zagster will remit to Company 93% of the Net Usage Fees and a report summarizing the calculation of Net Usage Fees. Zagster may offset against the Net Usage Fees any and all other amounts, fees, or charges due from Company to Zagster hereunder. (Remainder of page intentionally left blank) Schedule B Company Obligations 1. Generally. During the term of the Agreement, Company will: (a) Permit Zagster personnel to access each Location, at mutually agreed dates and times, to perform a site survey, take pictures of the Location, and otherwise review and inspect the Location with Company personnel to determine a mutually agreed to area at each Location to Install the Zagster Signage, Zagster Bicycles and Zagster bicycle racks. (b) Provide the required square footage in a mutually agreed to area at each Location to enable Zagster to Install the Zagster bicycle racks and Zagster Bicycles and provide the necessary additional space for any mutually agreed to increase in the number of Zagster Bicycles. In addition, Company agrees to receive shipments of the Zagster Bicycles and related materials and will store the Zagster Bicycles and related materials in a secure location until Zagster personnel arrive to install same. Company shall permit Zagster to dispose of shipping materials at the Locations and provide access to Company's trash facilities in connection with same. (c) Permit Zagster personnel to access each Location, at a mutually agreed to date and time, to set-up and install the Zagster Bicycles and Zagster Signage at the Locations, Including installation of appropriate bicycle racks to be provided by Zagster, and to take pictures of the Zagster Bicycles as installed at each Location. Only upon its prior written authorization (which shall not be unreasonably withheld) will Company agree to allow Zagster to use the pictures for marketing Zagster Services. (d) Permit Zagster personnel to access the Locations during normal business hours Monday --Friday, or as may be otherwise required, to provide Maintenance Services. Company will provide Zagster with an appropriate number of parking passes to be provided to Zagster personnel to enable Zagster personnel to access the Locations without charge. (e) Keep all Locations where Zagster Bikes are stored clean and debris—free in substantially similar condition to the condition as of the Launch Date, and comply with Zagster's then standard requirements for the Zagster Service. 2. Marketing. (a) information. Following the Effective Date, Company will provide to Zagster the information and materials required to implement the Zagster Service at the Company's Locations. (b) Marketing Contact. Company will assign and maintain an appropriate Company contact who will (i) have responsibility for all interactions with Zagster regarding matters covered by this Agreement, (ii) be reasonably accessible to Zagster during normal business hours, and (Iii) use the Zagster Marketing Materials to promote the availability of Zagster Bicycles and/or work with Zagster to create relevant materials. Company acknowledges and agrees that the success of the program will depend on the level of marketing support provided by the Company. The marketing contact will be responsible for training Company's employees with respect to the Zagster Service and the Zagster Software (c) Marketing Obligations. Company's marketing contact will coordinate marketing opportunities with Zagster and will assist Zagster in marketing the Zagster Service to Users and prospective users. The Company may use the Marketing Materials for the sole purpose of marketing the Zagster Service to Users and prospective users. Further, If Company desires to create custom email communications or other marketing materials, Company may do so subject to Zagster's prior review and approval, which will not be unreasonably withheld or delayed. Zagster may provide any approvals required under this section via email. Zagster shall not distribute or publish any Marketing Materials contemplated under this Agreement, or otherwise make any public statements in any social forum or medium relating to this Agreement or referencing this arrangement with the Company without the prior written consent of the Company (which shall not be unreasonably withheld). (d) Zagster Marketing Rights. Company, at Its sole discretion, will provide Zagster with a list of Company's prospective users of the Zagster Bicycles, which list shall include name, e-mail address, and other mutually agreed to information (the "Marketing List"). Company hereby agrees that Zagster may use such Marketing List to send marketing information and materials about Zagster and the Zagster Bicycles available at the Locations, provided, that Zagster receives prior written approval of the proposed marketing information from Company (which shall not be unreasonably withheld) and that Zagster provides the recipients with the ability to opt -out of receiving future communications. 3. Zagster Bicycles. (a) Company will use reasonable efforts to report any maintenance issues relating to Zagster Bikes or the Zagster Bike Racks or facility on Company premises. Such reasonable efforts by the Company will be construed only to mean a general visual inspection to look for flat tires, obvious and material cosmetic defects to the bicycles and/or racks, and graffiti. Zagster will respond to all maintenance issues reported by Company as soon as commercially practicable. (b) At Zagster's request, unless Company has elected Damage Coverage. Company shall reimburse Zagster for the costs, Including costs of labor, to replace and/or repair Zagster Bicycles (only if it is apparent that such Bicycles are vandalized, stolen or damaged while not in use by a User but not for normal or expected wear and tear due to routine usage nor for damage, vandalism, or Zagster Bicycles stolen while in use by a user), Zagster automated locks, and/or Zagster bicycle racks that have been vandalized, stolen, and/or damaged by accident or misuse or abuse. Zagster shall invoice Company for such costs on a regular basis and shall accompany the invoice with supporting documentation. Company shall pay such invoices within thirty (30) days of receipt. (c) Company will use Its commercially reasonable best efforts to promptly remove all non--Zagster bicycles from the Zagster bicycle racks at the Locations. (Remainder of page intentionally left blank] Schedule C Terms and Conditions 1. Services; Relationship of the Parties. Subject to the terms and conditions of this Agreement, Zagster will provide the Zagster Service set forth in Schedule A and Company will perform the obligations set forth on Schedule B. The relationship of the parties to this Agreement is solely that of independent contractors. Neither party will have any authority to contract with third parties on behalf of the other party or to expressly or Impliedly represent that it has any such authority, to any person. 2. Payment Terms. Other than the One Time Fees, which shall be due and payable in accordance with Schedule A, all fees payable hereunder are due within 30 days from the date of Zagster's invoice. If Company fails to pay an Invoice in a timely manner, Zagster will give Company written notice. If Company fails to make payment within 10 business days of Zagster's notice, then (a) Zagster will have the right to enter Company's property after Zagster notifies Company of its intention to remove its equipment during normal business hours and remove the Zagster Bicycles and Zagster bicycle racks, signage and any other Zagster materials, and Company will be liable for all fees, costs, and expenses actually incurred by Zagster in connection with such removal, and (b) interest will accrue on all amounts due from the original date due to the date paid, at the lesser of 12% per year or the highest rate permitted by applicable law. Company will pay all taxes or other govemmental charges (including import duties) levied in connection with the Services. 3. Insurance. During the term of this Agreement, Zagster will maintain appropriate business and liability Insurance protection covering its activities hereunder. 4. Publicity. Zagster may release a press release announcing the parties' relationship hereunder with the prior consent of Company, which shall not be unreasonably withheld. Unless otherwise expressly permitted in this Agreement, neither party will use the other party's name, logos, trademarks or service marks in any manner without the other party's prior written approval. Company must first expressly approve in writing any and all proposed uses of the Company' name, logos, trademarks and service marks (i) to, create marketing and advertising materials for Company to use to promote the Service to its employees and (ii) on Zagster's customer list which will be displayed on Zagster's website and in other publications. Each party consenting to use of its Marks hereunder shall remain the sole and exclusive owner of all right, title and interest in and to its Marks and the goodwill associated therewith. Upon termination of this Agreement, such use of the other party's Marks shall immediately cease. 5. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZAGSTER MAKES NO WARRANTIES WITH RESPECT TO THE ZAGSTER SERVICE OR THE SUBJECT MATTER OF THIS AGREEMENT AND HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON -INFRINGEMENT. NO WARRANTY IS MADE THAT THE ZAGSTER SERVICE WILL MEET COMPANY'S REQUIREMENTS. 6. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR INTERRUPTION OF BUSINESS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT WITH RESPECT TO COMPANY'S PAYMENT OBLIGATIONS AND EACH PARTY'S CONFIDENTIALITY OBLIGATIONS, NEITHER PARTY'S LIABILITY HEREUNDER WILL EXCEED THE FEES PAID AND PAYABLE FOR THE ZAGSTER SERVICE THAT IS THE SUBJECT OF THE CLAIM. COMPANY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION REPRESENT A REASONABLE ALLOCATION OF RISK THAT IS REFLECTED IN THE FEES PAID BY COMPANY. THE FOREGOING LIMITATION OF LIABILITY IS NOT INTENDED TO LIMIT EITHER PARTY'S LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. 7. Confidentiality; Suggestions. Each party acknowledges that during the term of this Agreement the other party may disclose information, whether orally, visually, or in tangible form, that Is proprietary and confidential to the disclosing party and is disclosed or marked as proprietary or confidential (hereafter "Confidential Information") and that the unauthorized disclosure of Confidential Information may cause irreparable harm to the disclosing party. Zagster acknowledges that Company's prospective user lists (if applicable) are proprietary to Company and Zagster will not use them, other than to provide Zagster Service hereunder, without Company's permission. Each party shall only use the Confidential Information to perform its obligations hereunder and will take all reasonable measures to safeguard and prevent the unauthorized disclosure of Confidential Information, but no less than the measures it takes to safeguard its own confidential information, including without limitation disclosing Confidential Information only to those of its employees with a need to know such information to perform their obligations hereunder and which have been advised of the confidential nature of the Information and have agreed to protect the Confidential Information to the same extent as Company hereunder. The parties acknowledge that it will be impossible to measure the damages that would be suffered by one party if the other party fails to comply with the provisions of this Section 7 and that in the event of any such failure, such party will not have an adequate remedy at law and shall. therefore, be entitled, in addition to any other rights and remedies, to seek specific performance of the receiving party's obligations and to seek immediate injunctive relief with respect thereto. Company may, from time to time, provide suggestions, techniques, know-how, comments, feedback or other input to Zagster with respect to the Zagster Service (collectively. "Suggestions"). Both parties agree that each Suggestion is and shall be given entirely voluntarily. Each Suggestion. even if designated as confidential by Company shall not, absent a signed, written agreement with Zagster, create an obligation of confidentiality for Zagster. Company agrees that it shall not give any Suggestion that is subject to license terms or restrictions that seek to require any Zagster technology, service, product or documentation incorporating or derived from such Suggestion, or any Zagster Intellectual property, to be licensed or otherwise shared with Company or any third party. Furthermore, Company hereby assigns all right, title and interest in and to Suggestions to Zagster including without limitation all intellectual property rights therein, and will take any and all actions reasonably requested by Zagster to effect such assignment. B. Termination. a. Company shall have a one-time right to terminate this Agreement, with such termination to be effective on the 60th day following the Effective Date, by providing written notice to Zagster at least ten (10) days prior to such 60th day. If Company does not exercise the foregoing right in accordance with the foregoing sentence, Company will have no further right to terminate this Agreement other than in accordance with Section 8(b) below. Should Company exercise its right to terminate the Agreement by the 60th day following the Effective Date, Company shall be liable only for the One Time Fees and for the Recurring Fees for the number of months Company has subscribed to the Zagster Service (plus any number of days beyond the last full month the Agreement Is in effect on a pro -rated basis). b. If either party breaches this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice of that breach from the other party, then the other party may terminate this Agreement effective as of the end of that period. The commitment of an act of bankruptcy (such as a giving general assignment for the benefit of creditors) or the filing of a bankruptcy petition will be deemed a breach if not vacated within thirty (30) days of filing. It is recognized that some breaches are not capable of cure, such as a cessation of business, With respect to any such incurable breach by a party, if it remains possible to give notice, then upon such written notice by the other party this Agreement will be deemed terminated. 1111 is not possible then this Agreement will be deemed to terminate automatically upon such breach. In addition, if Company has entered into this Agreement in its capacity as a multi -family property owner or management company, Company may terminate this Agreement with written notice to Zagster terminating this Agreement within 30 days of the consummation of a change of control of Company which results In the assignment of this Agreement to Company's successor. c. No termination for cause will be deemed a waiver of any claim for damages by the terminating party. d. Upon the termination of this Agreement, each party will promptly destroy or, on the other party's request, retum all of the other party's Confidential Information, Including all copies thereof. The payment and fee provisions of Schedule A shall survive any termination or expiration of this Agreement with respect to any unpaid fees due and owing hereunder. Sections 5. 6, 7. 6. and 9 of this Schedule C shall survive any termination or expiration of this Agreement 9. Miscellaneous. Each party represents and warrants to the other that it has the authority to enter into this Agreement and is not under any obligation to any third party that would conflict with this Agreement. This Agreement, including all of the Schedules hereto, is the entire agreement between the parties with respect to the subject matter hereof and supersedes all other prior and contemporaneous agreements and understandings, oral and written, between the parties with respect to the subject matter hereof. Additional or different terms in any purchase order or similar document will not modify or add to the terms of this Agreement unless mutually agreed in writing by the parties. This Agreement may be amended only by a written agreement between the parties. If one party fails to enforce any provision of this Agreement, such party will not be precluded from enforcing the same provision at another lime. This Agreement and the rights granted under it may not be assigned or transferred by either party without the written consent of the other party; provided, however, either party will have the right to assign this Agreement to its successor in the event of a merger, acquisition or other consolidation, including without limitation the sale of all or substantially all of Its assets or stock or business to which this Agreement relates. In the event that any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be deemed modified to the minimum extent necessary to render the provision enforceable in a manner that most closely represents the original intent of the parties and the remaining terms and conditions of this Agreement will remain In full force and effect. This Agreement shall be governed by and construed In accordance with the laws of the Commonwealth of Massachusetts without regard to conflicts of laws provisions thereof. The parties agree that the sole jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located In Boston, Suffolk County, Massachusetts, and consent to the exclusive jurisdiction of such courts. In the event of any adjudication of any dispute under this Agreement, the prevailing party in such action will be entitled to reimbursement of its attorneys' fees and related costs by the other party. The paragraph headings contained in this Agreement are for convenience only and are not Intended to be used nor may they be used in the interpretation of this Agreement. Neither party will be responsible for delays or failures in performance resulting from acts beyond its control. Such acts include but are not be limited to acts of God, labor conflicts, acts of war or civil disruption, governmental regulations imposed after the fact, public utility out failures, Industry wide shortages of labor or material, or natural disasters. 10. Indemnification. Notwithstanding any limitations on liability that have been previously stated, Zagster agrees to defend, Indemnify and hold harmless Company, Company's affiliates, its officers, directors, shareholders, members, employees or agents from any and all third party claims asserted against Company by a third party ('Third Party Claims") alleging (i) the gross negligence or willful misconduct of Zagster or its employees in the performance of the services hereunder (ii) infringement by the Zagster Software or Zagster trademarks of the third party's intellectual property rights; and Zagster shall pay all damages awarded by a court of competent jurisdiction or agreed to In settlement with respect to such Third Party Claims; provided, that (I) Company shall provide Zagster with written notice promptly upon leaming of any Third Party Claims or complaints that may reasonably result In the indemnification of Company, provided, however, that failure by Company to provide notice to Zagster shall not relieve Zagster of its obligations under this Section unless such failure prejudices Zagster's defense or settlement of the Third Party Claim; (11) Company will permit Zagster to control the defense and settlement of the Third Party Claim. provided Zagster may not settle the Third Party Claim in a manner adverse to Company or which would impose liability on Company without Company's prior written consent (which will not be unreasonably withheld or delayed); and (iii) Company will provide Zagster with assistance in the defense and settlement of the Third Party Claim at Zagster's expense. Company may (at Its own cost) engage its own counsel to participate In the defense and settlement of the Third Party Claim. Ake Bike Share Program Process • DMD Three Year Strategic Plan, November 2014 • MPO Bike Mobility Plan, Summer 2015 • Bike Share Steering Committee, Fall 2015 DOWNTOWN MANAGEMENT DISTRICT EL CORPUS CHRISTI Hug Wviv+vvvNiviAN,iuEiviENhit._i Why A Bike Share? • Health and Fitness A ZagsterM a better way to bike • Tourism • Economic Development • Last Mile DOWNTOWN MANAGEMENT DISTRICT BIKEC13RPUS BIKESHARE Turnkey Service We do everything. Zagsterwb 9 Hardware Everything you need We provide the bikes, the racks and the technology that is ready to go upon arrival. Setup and Maintenance By our professional staff Our trained and friendly staff will install and provide the ongoing maintenance needed to keep your program running smoothly. Marketing Support All the tools you need Our team provides you with the marketing materials and support needed to successfully promote your program to your riders. Account Management For both you and the riders We provide you a dedicated account manager and a $2M insurance policy, and provide your riders with a 24/7/365 call center. WWW.ZAGSTER.COM +1.800.969.1192 24 Thorndike Street, Suite 2, Cambridge, MA 02141 © Zagster, Inc. — Confidential — Do Not Distribute 3 4 Zagster Leve. way la tiiY¢ LOCATIONS PRICING HOW IT WORKS FAQS Membership Options Compare plans to find the one thatflts your riding style. Just click Join when you're ready to get started. Pay per hour Monthly Membership MEMBERSHIP FEE JOIN LOGIN Yearly Membership $15 billed monthly Ri,•e horterthan 1 then pay $3/hour ILup to $24/ride You will be charged an additional $24 late fee for keeping a bike over 24 hours. JOIN How It Works Aft • 11fit9 _k3=1 F1Jri BIKE SHARE LOCATIONS • La Retama Park • RTA Customer Center • Shoreline Blvd./Peoples St. • Bayshore Park • Visitors Center Area • T -Head (pending TIRZ Funding) • Lawrence St. T -Head (pending TIRZ Funding) NORTH BEACH SEA DISTRICT UPTOWN yjedo sx. pr" BIKEC 5RPUS MARI "ARTS DIST BIKESHARE BAYSHORE PARK COLE PARK wo4, Timeline • DMD Signed Contract June 30 • Signed MOU with RTA July 22 • City Approval July 26 • Bike Share Launch August 1 • Recruitment Program Expansion Ongoing DOWNTOWN MANAGEMENT DISTRICT AGENDA MEMORANDUM First Reading for the City Council Meeting of July 26, 2016 Second Reading for the City Council Meeting of August 9, 2016 DATE: July 13, 2016 TO: FROM: Margie C. Rose, City Manager Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Appropriation of Increased Revenue at the City's Warehouse CAPTION: Ordinance appropriating estimated increased revenues of $700,000 in the No. 5010 Stores Fund to cover projected increased expenses in the City's Warehouse related to the cost of Warehouse merchandise sold and amending the FY 2015-2016 operating budget adopted by Ordinance No. 030620 by increasing revenues and expenditures by $700,000 each. PURPOSE: The City's Warehouse has shown increased sales this fiscal year. In order to be able to purchase increased merchandise to sell through the remainder of the fiscal year, the projected increase in revenue is being appropriated to cover the projected increase in expenses. BACKGROUND AND FINDINGS: The Warehouse Division of the Stores Fund in Financial Services has shown increased sales in Fiscal Year (FY) 2015-2016. It is projected that both revenues and expenses will exceed the amounts budgeted for FY 2015-2016. Even though these increases do not adversely affect the fund balance in the Stores Fund, this amendment is needed to stay in compliance with accounting standards. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Financial Services Department • City Attorney's Office FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: 2015 - 2016 Project to Date Exp. (CIP Only) Current Year FY 2015-16 Future Years TOTALS Budget - $ 2,410,800 - $ 2,410,800 Encumbered/Expended amount of (date) - - - - This item - $ 700,000 - $ 700,000 BALANCE - $ 3,110,800 - $ 3,110,800 FUND(S): No. 5010 Stores Fund COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance appropriating estimated increased revenues of $700,000 in the No. 5010 Stores Fund to cover projected increased expenses in the City's Warehouse related to the cost of Warehouse merchandise sold; and amending the FY 2015-2016 Operating Budget adopted by Ordinance No. 030620 by increasing estimated revenues and expenditures by $700,000 each. BE ITORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Estimated increased revenues in the amount of $700,000 are appropriated in the No. 5010 Stores Fund to cover projected increased expenses in the City's Warehouse related to the cost of Warehouse merchandise sold. SECTION 2. Ordinance No. 030620, which adopted the FY 2015-2016 Operating Budget, is amended by increasing estimated revenues and expenditures by $700,000 each. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 2016 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM Future item for the City Council Meeting of July 26,2016 Action Item for the City Council Meeting of August 9, 2016 DATE: July 15, 2016 TO: Margie C. Rose, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Action Setting the City Council Meeting Date to Adopt the Property Tax Rate CAPTION: Motion setting September 13, 2016 as the date of the adoption of the ad valorem tax rate of $0.606264 per $100 valuation. PURPOSE: The fiscal year 2016-2017 proposed operating budget utilizes a tax rate of $0.606264 per $100 valuation in the determination of ad valorem tax revenue for fiscal year 2016- 2017. This is the same property tax rate as was used in fiscal year 2015-2016. Final assessed values should be received from the Nueces County Appraisal District by July 25th at which time the effective tax rate and rollback rate will be computed. This agenda item is needed for the City to be in compliance with "truth -in -taxation" as it relates to the Tax Code in the event that the City's fiscal year 2016-2017 proposed tax rate exceeds the lower of the effective tax rate or the rollback rate. BACKGROUND AND FINDINGS: If a proposed property tax rate exceeds the effective tax rate or the rollback rate, whichever is lower, the Tax Code requires that the governing body must vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item. This vote must be recorded. If the motion passes, then the governing body must schedule two public hearings on the proposal. The Nueces County Tax Office will be providing the City with the effective tax rate worksheet during the first week of August. In the event that the proposed fiscal year 2016-2017 tax rate of $0.606264 per $100 valuation exceeds the lower of the effective tax rate or the rollback rate, the Tax Code requires the governing body to take a vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item, and the vote must be recorded. Two public hearings must also be held. If needed, we are planning on holding the first public hearing on August 23, 2016, and the second public hearing on August 30, 2016. Then the vote for the final adoption of the tax rate is scheduled to be held on September 13, 2016. Additionally, in compliance with the "truth -in -taxation" guidelines, the proposed property tax rate, effective tax rate, and rollback rate must be published at least seven (7) days before the public hearings. We are planning on publishing in the Corpus Christi Caller -Times on August 14, 2016. The last step in the "truth -in -taxation process" will be the approval of the tax levy in October once the tax rate is adopted and the property tax bills are processed by the Nueces County Tax Office. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: n/a DEPARTMENTAL CLEARANCES: Office of Management and Budget City Attorney's Office FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Current Year Future Years TOTALS Line Item Budget $108,400,000 $108,400,000 Encumbered / Expended Amount This item $108,400,000 $108,400,000 BALANCE Fund(s): General Fund $67,400,000; Debt Service Fund $41,000,000 COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motions as presented. LIST OF SUPPORTING DOCUMENTS: None AGENDA MEMORANDUM Future Item for the City Council Meeting of July 26, 2016 Action Item for the City Council Meeting of August 9, 2016 DATE: July 15, 2016 TO: FROM: Margie C. Rose, City Manager Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Action to Schedule Two Public Hearings Related To Fiscal Year 2016-2017 Property Tax CAPTION: Motion setting a public hearing on the ad valorem tax rate for August 23, 2016 and a second public hearing for August 30, 2016 during the City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. PURPOSE: The fiscal year 2016-2017 proposed operating budget utilizes a tax rate of $0.606264 per $100 valuation in the determination of ad valorem tax revenue for fiscal year 2016- 2017. This is the same property tax rate as was used in fiscal year 2015-2016. Final assessed values should be received from the Nueces County Appraisal District by July 25th at which time the effective tax rate and rollback rate will be computed. This agenda item is needed for the City to be in compliance with "truth -in -taxation" as it relates to the Tax Code in the event that the City's fiscal year 2016-2017 proposed tax rate exceeds the lower of the effective tax rate or the rollback rate. BACKGROUND AND FINDINGS: If a proposed property tax rate exceeds the effective tax rate or the rollback rate, whichever is lower, the Tax Code requires that the governing body must vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item. This vote must be recorded. If the motion passes, then the governing body must schedule two public hearings on the proposal. The Nueces County Tax Office will be providing the City with the effective tax rate worksheet during the first week of August. In the event that the proposed fiscal year 2016-2017 tax rate of $0.606264 per $100 valuation exceeds the lower of the effective tax rate or the rollback rate, the Tax Code requires the governing body to take a vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item, and the vote must be recorded. Two public hearings must also be held. If needed, we are planning on holding the first public hearing on August 23, 2016, and the second public hearing on August 30, 2016. Then the vote for the final adoption of the tax rate is scheduled to be held on September 13, 2016. Additionally, in compliance with the "truth -in -taxation" guidelines, the proposed property tax rate, effective tax rate, and rollback rate must be published at least seven (7) days before the public hearings. We are planning on publishing in the Corpus Christi Caller -Times on August 14, 2016. The last step in the "truth -in -taxation process" will be the approval of the tax levy in October once the tax rate is adopted and the property tax bills are processed by the Nueces County Tax Office. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: n/a DEPARTMENTAL CLEARANCES: Office of Management and Budget City Attorney's Office FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Current Year Future Years TOTALS Line Item Budget $108,400,000 $108,400,000 Encumbered / Expended Amount This item $108,400,000 $108,400,000 BALANCE Fund(s): General Fund $67,400,000; Debt Service Fund $41,000,000 COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motions as presented. LIST OF SUPPORTING DOCUMENTS: None AGENDA MEMORANDUM Future Item for the City Council Meeting of July 26, 2016 Action Item for the City Council Meeting of August 9, 2016 DATE: July 26, 2016 TO: Margie C. Rose, City Manager FROM: Mike Markle, Police Chief mikema(c�cctexas.com (361) 886-2601 Maria Pedraza, Procurement Manager mariape(c�cctexas.com (361) 826-3176 Purchase of Body Worn Video Cameras for Police Department CAPTION: Resolution authorizing the City Manager, or designee, to purchase body worn video cameras for the Police Department from Coban Technologies Inc., of Houston, Texas, for a total cost of $130,414.00. Funding is available in Police Grants Fund FY 2015- 2016. PURPOSE: To purchase 122 body worn cameras, associated hardware, software and licenses for the Police Department. BACKGROUND AND FINDINGS: This purchase is to equip uniformed police officers with body worn video cameras to record and document daily police/citizen interactions. This purchase is the result of a 2015 grant from the Department of Justice, Bureau of Justice Assistance. The video collected by the body worn cameras will be uploaded into the Police Department's existing Coban video dash cam systems and will be stored and managed within the Police Department's existing Coban video storage system. ALTERNATIVES: None. 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: Police 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 $250,000.00 $250,000.00 Encumbered / Expended Amount $2898.22 $2898.22 This item $130,414.00 $130,414.00 BALANCE $116,687.78 $116,687.78 Fund(s): Police Grants Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Resolution authorizing the City Manager, or designee, to purchase body worn video cameras for the Police Department from Coban Technologies Inc., of Houston, Texas, for a total cost of $130,414.00, with funding available in the FY 2015-2016 Police Grants Fund. WHEREAS, 122 body worn cameras will be purchased along with the associated hardware, software, and licenses for use by the Police Department; WHEREAS, these cameras will equip uniformed police officers with body worn video cameras to record and document daily police/citizen interactions; WHEREAS, video collected by the body worn cameras will be uploaded into the Police Department's existing Coban video dash cam systems and will be stored and managed within the existing Coban video storage system; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Govern- ment Code, Section 252.022(a)(2), as this purchase is necessary to preserve or protect the public health or safety of the municipality's residents; and WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a)(7)(A), as this purchase is available from only one source due to special processes or patents. 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 her designee, is authorized to purchase the body worn cameras, associated hardware, software, and licenses for uniformed police officers from Coban Technologies, Inc., fora total cost of $130,414.00. 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 Michael Hunter Chad Magill Colleen McIntyre Lucy Rubio Brian Rosas Mark Scott Carolyn Vaughn Page 2 of 2 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER:JEANNETTE P. TIJERINA PRICE SHEET PURCHASE OF BODY WORN CAMERAS FOR POLICE DEPARTMENT ITEM DESCRIPTION QTY. UNIT Coban Technologies Inc. Houston, Texas UNIT PRICE EXTENDED PRICE Coban DVMS Automated DVD Buring Solution 1. Software Annual Renewal (Software Maintenance and Technical Support) 2 each $595.00 $1,190.00 Coban ECHO Body Worn Camera Package 2. (includes: ECHO Camera, 110v Wall Adapter, USB 122 each $399.00 $48,678.00 Cable, Spring Clip, 1 year factory warranty) 3. ECHO IR CLIP Camera 136 each $99.00 $13,464.00 ECHO Single Bay Vehicle/Office Upload/Charging 4. Cradle (Incl. Cable -USB 16ft extension w/repeater for 157 each $141.00 $22,137.00 Edge/M7 intergration) ECHO Single Bay Vehicle/Office Upload/Charging 4. Cradle (Incl. Cable -USB 16ft extension w/repeater for 7 each $141.00 $987.00 Edge/M7 intergration) 5 DVMS BWC Solution License First year software maintenance and technical 122 each $90.00 $10,980.00 6.DVMS BWC Solution Renewal Software maintenance and Technical Support (per 122 each $90.00 $10,980.00 7. ECHO 2nd & 3rd year warranty 122 each $225.00 $27,450.00 8 Shipping - Bodycam or single/double dock for bodycam 122 each $9.00 $1,098.00 9 Shipping - Back Office Hardware (Server, Auto DVD, Interview, Jail) Each 3 each $150.00 $450.00 10. Discount TOTAL 1 each $7,000.00 $7,000.00 $130,414.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 26, 2016 Action Item for the City Council Meeting August 9, 2016 DATE: July 26, 2016 TO: Margie C. Rose, City Manager FROM Jim Davis, Director of General Services jimd@cctexas.com (361) 826-1909 Mike Markle, Police Chief mikema@cctexas.com (361) 886-2601 Maria Pedraza, Procurement Manager mariape@cctexas.com (361) 826-3176 Purchase of 37 Ford Explorer Police Vehicles CAPTION: Motion approving the purchase of 37 Ford Explorer Vehicles from Caldwell Country Ford -Chevrolet, Caldwell, Texas for a total amount of $1,077,680.90. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative (TLGPC), dba BuyBoard. Funds have been budgeted by CC Crime Control and Fleet Maintenance Services in FY 2015-2016. PURPOSE: This item is to approve the purchase of 37 Ford Explorer vehicles. BACKGROUND AND FINDINGS: This purchase will be used by Police Officers in the performance of their duties throughout the City and keeps pace with efforts to continue to modernize the Police Fleet. The 37 Ford Explorer vehicles will be replacement vehicles and will not increase the fleet. ALTERNATIVES: The equipment identified is the optimum choice for the tasks to be performed. The power configuration for these vehicles is not compatible with a CNG fuel application. 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: Fleet Maintenance Services and Police 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 $4,336,459.49 $0.00 $4,336,459.49 Encumbered / Expended Amount $2,274,544.43 $0.00 $2,274,544.43 This item $1,077,680.90 $0.00 $1,077,680.90 BALANCE $984,234.16 $0.00 $984,234.16 Fund(s): CC Crime Control and Fleet Maintenance Services Comments: Funding for the purchase of the 37 Ford Explorer vehicles has been approved in the FY 2015-2016 budget. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM 1. 2. DESCRIPTION 2017 PI Utility Awd Ford Explorer BuyBoard Fee QTY. 37 1 PRICE SHEET PURCHASE OF 37 FORD EXPLORERS TLGPC BID 430-13 Caldwell Country Ford Caldwell, TX UNIT Each Each UNIT PRICE $29,115.700 $400.000 EXTENDED PRICE $1,077,280.90 $400.00 Total Cost: $1,077,680.90 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 26, 2016 Action Item for the City Council Meeting of August 9, 2016 DATE: TO: June 23, 2016 Margie C. Rose, Interim City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Renewal of state and federal external legislative consultant contracts. CAPTION: Motion authorizing the City Manager to execute 24 -month renewal agreements for governmental relation services with Focused Advocacy for state governmental relations services for $108,000 per year plus reasonable expenses and with Meyers & Associates for federal governmental relations services for $78,000 per year plus reasonable expenses. PURPOSE: Renewal of 24 -month governmental relations contracts between the City of Corpus Christi and Focused Advocacy for state governmental relations services and Meyers & Associates for federal governmental relations services. BACKGROUND AND FINDINGS: The City has engaged the services of external firms for state and federal governmental relations services for many years. Focused Advocacy became the City's consultant for state matters in 2011, but represented the City before that with a different firm. Meyers and Associates has represented the City since the early 1990s. Both firms are well-respected and connected in their respective legislative arenas and have been effective and resourceful advocates for the City. Focused Advocacy has represented the City for many years and is familiar with the City, its legislative history and its needs. The firm almost exclusively represents municipalities so they have extensive knowledge of municipal law and legislative issues. The firm also represents the Texas Mayors of Military Communities, an organization of which the City is a member. Meyers and Associates has represented the City for many years and is familiar with the City, its legislative history and its needs. Meyers and Associates maintains an excellent, non-partisan reputation among the Texas congressional delegation and continues to establish and maintain favorable contacts within the federal government that are beneficial to the City. Meyers also represents the Alliance for 1-69 Texas and the South Texas Military Facilities Task Force, organizations of which the City is a member. ALTERNATIVES: (1) Renew one or both of the consulting contracts; (2) Not renew one or both of the consulting contracts, (3) Renew annual contracts instead of two year contracts; (4) Reject the proposed increase for Focused Advocacy and attempt to renegotiate; or (5) Work with Purchasing Department on a request for qualifications (RFQ) to find a different firm to represent the City. OTHER CONSIDERATIONS: In April 2016, Focused Advocacy principals notified the Intergovernmental Relations Director the monthly retainer would increase closer to current market rates assuming the City of Corpus Christi wanted to renew its contract with the firm for 2017-2018. Focused Advocacy believes the City's retainer is on the low end of the scale for lobby services, especially in relation to resources required to accomplish the City's legislative agenda. Today, retainers for new clients of the firm start at $10,000 per month. The City's agenda is more extensive and has numerous pro -active bills and activities that require more labor and effort. The firm specializes in municipal government and includes three full-time lobbyists, plus office support staff. The negotiated increase to $9,000 per month versus the current $8,500 per month is reasonable given the current scale for lobbying services and for the scope of activities undertaken by the firm on behalf of the City. CONFORMITY TO CITY POLICY: The agreements being proposed for renewal are consistent with past agreements and have been approved by the City Attorney. These funds are available and budgeted for the 2017 fiscal year. EMERGENCY / NON -EMERGENCY: This is a non -emergency item. DEPARTMENTAL CLEARANCES: Acting City Manager City Attorney Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital Not applicable Fiscal Years: 2017- 2018 Project to Date Expenditures (CIP only) Current Year Future Year FYs 17-18 TOTALS Line Item Budget $372,000 $372,000 Encumbered / Expended Amount This item BALANCE Fund(s): 1020, 4010, 4130 (state and federal), and 4200 (federal only) Comments: None RECOMMENDATION: Staff recommends continuing the City's existing relationships with both Focused Advocacy in Austin and Meyers & Associates in Washington, D.C., for the 2017 and 2018 fiscal years. The organizations have a record of success in assisting with achieving the City's priorities and are responsive to the City's needs. We recommend approval of the two contracts for the next 24 months. The City will still be receiving value for its investment in Focused Advocacy. The process of preparing and awarding an RFQ for professional lobby services is a lengthy process that could interfere with the timely adoption of the City's legislative agenda. LIST OF SUPPORTING DOCUMENTS: 1. Renewal contract with Focused Advocacy 2. Renewal contract with Meyers & Associates FOCUSED(L'ADVOCACY CONTRACT FOR PUBLIC AFFAIRS CONSULTING SERVICES (City of Corpus Christi, Texas) This contract is made the 1St day of September, 2016, between City of Corpus Christi, Texas, having its principal place of business at 1201 Leopard, Corpus Christi, TX 78401(hereinafter "Client") and Focused Advocacy having its principal place of business at 823 Congress Avenue, Suite 1200, Austin, Texas 78701 (hereinafter "Consultant") for the provision of public affairs consulting services related to the Client. 1. Services. Consultant will provide the services described below. a. At the direction of Client, represent the Client in dealings with elected and appointed officials, legislative staff, regulators, and interested stakeholders on matters of public policy identified by the Client with a particular emphasis on matters that impact municipal services and budgets. b. Provide analysis and tracking of government actions and decisions that could have an effect on the governmental affairs strategy of the Client. c. Advise Client on legislative actions contemplated and taken with respect to identified issues and goals. Assist in the development of a comprehensive strategy to accomplish Client's government affairs goals and objectives, including review and editing of legislation, drafting of amendments, riders, and related supporting documents. d. Assist the Client in the passage or defeat of legislative initiatives that are proposed and identified by the Client as part of their overall legislative agenda. e. Consult with Client regarding the effectiveness of its relationships with elected officials, processes and the political environment in Texas. Identify and implement strategies to enhance Client profile with targeted individuals and entities including the arrangement of periodic visits and/or functions with key legislators and staff. f. Use best efforts to provide information to and educate decision makers with regard to Client's interests and government affairs objectives. Client will work to ensure Consultant has appropriate information and data to assist efforts in this regard. It is understood and agreed Consultant will not make representations or statements on Client's behalf without prior authorization to do so. 823 CONGRESS AVENUE, STE. 1200 • AUSTIN, TEXAS 78701 • INFO@FOCUSEDADVOCACY.COM FOCUSED(L'ADVOCACY g. Monitor, by attendance at meetings and otherwise, state legislative and regulatory bodies considering legislation and/or rulemaking that would impact Client's government affairs objectives and interests. h. Monitor and track legislation that impacts Client's interest during the regular session and any called special sessions of the Texas Legislature during the term of the Agreement. Client or Consultant will identify such legislation as having a potential material impact on Client's interests. i. Consultant will assist in preparing city officials who testify before the Texas Legislature. As part of this preparation the Consultant will assist in formulating written and verbal testimony for city officials who provide testimony to legislative and administrative bodies. 2. Client Support and Communication. As requested, Consultant will provide Client both written and verbal status reports on all matters affecting their stated interests. Consultant will attend Client meetings, as requested and schedule permitting, to assure timely and effective communications. Snapper Carr and Brandon Aghamalian will serve as the primary contact on behalf of the Consultant. Deliverables - As requested, Consultant will provide the Client during the legislative session, written summary reports detailing the nature of legislative contacts (e.g. meetings and communications) the Consultant made on behalf of the Client to further the Client's state legislative agenda. 3. Legal Services. It is understood and agreed that Consultant is being retained hereunder to provide governmental consulting services and not to provide legal advice or services to Client. In the event that legal opinions or financial analysis are needed at any time with respect to Client's interests, the decision to seek additional professional advice and services, and from whom, shall rest exclusively with Client. 4. Expansion of Scope of Work. Should representation expand significantly beyond the contemplated scope outlined in the Agreement, both parties will mutually agree to discuss the role of the expanded services and agree, if necessary, to discuss the payment of additional compensation during this unlikely event. It is also understood that the Consultant works independently of any additional consultants the Client may have under contract. 5. Term. This Agreement is effective on September 1, 2016 through August 31, 2018 (24 month period). Either party may terminate the contract by giving thirty (30) days written notice to the other party. 823 CONGRESS AVENUE, STE. 1200 • AUSTIN, TEXAS 78701 • INFO@FOCUSEDADVOCACY.COM FOCUSED(L'ADVOCACY 6. Compensation. In consideration for the performance of services, Client shall pay fees as follows: a. $9,000 per month for the duration of the contract. The fee will be billed on or about the first of each month. b. Payment shall be made to Focused Advocacy, LLC, 823 Congress Avenue, Suite 1200, Austin, Texas 78701 (Attention: Snapper L. Carr). 7. Independent Contractor Relationship. It is understood by the parties that Consultant is an independent contractor for the purposes of any federal and/or state laws including tax laws, and that Consultant is not in any way an employee, full or part-time of Client. 8. Expenses. Client agrees to pay Consultant's reasonable expenses incurred for pre - approved travel made at Client's request for work connected to this agreement. "Reasonable expenses" shall include airfare, hotels, taxis, shuttles, rental cars, meals. Consultant agrees to comply with all applicable expense reimbursement policies of the Client. Consultant shall provide documentation of all reimbursable expenses. Client shall pay these invoices within thirty (30) days of receipt. 9. State Law. Under Texas and federal law there are various requirements imposed on persons and organizations that interact with state officials, especially where an attempt is made to influence legislation or contracts. In this regard, Consultant will promptly inform Client when any such filings are necessary and shall seek registration with respect to the services to be performed on Client's behalf. Consultant agrees to perform its obligations under this contract in compliance with all applicable laws. 10. Lobby Activities and Reporting. The Texas ethics law and rules adopted by the Texas Ethics Commission require the Consultant to report compensation or reimbursement paid to Consultant for the purpose of directly communicating with members of the legislative or executive branch. Texas Ethics Commission Rules provide that a registrant receiving compensation or reimbursement for purposes other than lobby activities may reasonably determine the amount of compensation attributable to lobby activities and report only that amount. The rules define "lobby activity" as "Direct communication with one or more members of Texas legislative or executive branch to influence legislation or administrative action and activities in preparing for such direct communication." The Consultant will allocate on a reasonable basis, as allowed by the rules, the amount of the retainer paid to the 823 CONGRESS AVENUE, STE. 1200 • AUSTIN, TEXAS 78701 • INFO@FOCUSEDADVOCACY.COM FOCUSED(L'ADVOCACY Consultant that is being paid for "lobby activities". Based upon Consultant's experience representing other clients, the Consultant believes 50 (fifty) percent will be a reasonable estimate of the monthly retainer attributable to "lobby activities." It is understood and agreed that the Consultant's activities will be monitored from time to time so that any change in the amount of time spent on lobby activities as defined by the rules of the Texas Ethics Commission will be detected and updated, if necessary. 11. Confidentiality. If a party provides information or materials indicated to be confidential, the receiving party will maintain the confidentiality of such matters and not disclose any such information except in proper performance of this contract and as required by law. 12. Conflicts of Interest. By signing this Agreement, Client is consenting to the representation of multiple clients by the Consultant and is confirming that no direct conflicts of interest currently exist. If any such conflict should develop, Consultant agrees to bring that fact immediately to the attention of both Clients for resolution. Consultant will exercise extreme cares to avoid conflicts, unintended or otherwise, which arise, if ever, in the future. It is understood that Consultant intends to focus their legislative representation on local government issues and will undertake all necessary steps to avoid and prevent conflicts of interests with private sector interests. Consultant agrees to fully comply with the Texas Ethics laws concerning conflicts of interests. 13. Termination. Either party may terminate this agreement, without cause, upon thirty (30) days written notice to the other. The Client may also terminate this contract with fifteen (15) days notice if termination is caused due to an irresolvable conflict of interest. 14. Entire Agreement and Modifications. This Agreement contains the entire agreement and understandings of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether oral or written, negotiations and discussions. This Agreement may not be modified, rescinded or terminated orally, and no modification, rescission, termination or attempted waiver of any provision hereof (including this section) shall be valid unless in writing and signed by the parties hereto. 823 CONGRESS AVENUE, STE. 1200 • AUSTIN, TEXAS 78701 • INFO@FOCUSEDADVOCACY.COM FOCUSED(1'ADVOCACY IN WITNESS WHEREOF, the parties have executed this Agreement through their duly authorized officers, as of the date set forth above. City of Corpus Christi, Texas Focused Advocacy, LLC By: By: Mrs. Margie C. Rose Mr. Snapper L. Carr Acting City Manager General Counsel Date: Date: ATTEST: Rebecca Huerta City Secretary APPROVED AS TO FORM: Miles Risley City Attorney 823 CONGRESS AVENUE, STE. 1200 • AUSTIN, TEXAS 78701 • INFO@FOCUSEDADVOCACY.COM AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND MEYERS & ASSOCIATES FOR GOVERNMENTAL RELATIONS SERVICES This agreement is by and between the City of Corpus Christi (the "City") and Meyers & Associates, a Washington based governmental relations consulting firm ("Meyers"), and is effective the 1st day of September 2016. WITNESSETH: WHEREAS, many key goals of the City of Corpus Christi, especially economic development goals, are directly and critically affected by decisions of the United States Congress, President and Federal Agencies. These include, but are not limited to, protection of our military installations, assurance of an adequate water supply, reasonable air quality standards, funding for Community Development Block Grants and HOME programs, protecting the tax exempt status of municipal bonds, the North Padre Island Storm Damage Reduction and Environmental Restoration Project, transportation policy and project funding, including the Harbor Bridge, Interstate 69, freight rail expansion, and maintenance of the Gulf Intracoastal Waterway, and various other regulatory and funding programs; and WHEREAS, Meyers specializes in providing governmental relations services in federal legislative and administrative matters. NOW, THEREFORE, for and in consideration and exchange of mutual covenants and conditions herein contained, the City and Meyers agree as follows: 1. City Duties. The City hereby appoints Meyers to act on its behalf to assist in furthering City goals in Washington under terms acceptable to the City including: a. The City, through its City Manager, Director of Intergovernmental Relations and City Attorney will supervise the activities of Meyers in monitoring and promoting policies which assist in furthering the City's interests and goals. b. The City will pay or cause to be paid to Meyers $6,500.00 monthly for assistance in accomplishing the above interests and goals plus reasonable associated out-of-pocket expenses. c. Such payments will commence in September 1 2016 and will continue for (24) twenty- four consecutive months subject to provisions for cancellation as set out below, and subject to annual appropriations by the City Council. d. The services and relationship between the City and Meyers may be terminated with 30 days notice by the City Manager. Page 1 of 3 2. Meyers' Duties. Meyers agrees that they will: a. Use their best professional efforts to assist in the accomplishment of the interests and goals of the City. b. Perform all services according to high professional standards. c. Report any potential conflict of interest at once for resolution by the City Manager, should a potential conflict develop between services performed for the City and Meyers' other clients. d. Comply with all laws of the United States and regulations of the United States Congress with regard to representation and registration as may be required by such laws and regulations. e. Provide the City Manager periodic reports identifying services provided and any issues that could impact the City of Corpus Christi. 3. Term. This Agreement shall commence September 1, 2016 and continue until September 30, 2018, subject to the provisions for cancellation set out in Section 1 (d) above. 4. Independent Contractor. Nothing contained in this Agreement shall be construed to constitute Meyers as an employee or agent of the City nor shall either party have any authority to bind the other in any respect, it being intended that each shall remain an independent contractor responsible for its own actions. 5. Entire Agreement. This Agreement contains the entire understanding of the parties hereto with respect to the matters covered hereby. 6. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provisions of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such provision or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 7. Assignment. This Agreement may not be assigned by either party without mutual consent in writing. 8. Binding Effect. Subject to the provisions of Section 7 of this Agreement, this Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and assigns. 9. Amendment. This Agreement may be amended only by an instrument in writing executed by the parties hereto. Page 2 of 3 10. Captions. The section and paragraph headings in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 11. Governing law. This Agreement shall be construed and enforced in accordance with and governed by law of the State of Texas. 12. Counterparts. This Agreement may be executed in multiple original counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument. IN WITNESS WHEREOF, the parties hereto have signed this Agreement and same is made effective upon execution by all parties. 9, 2016 2016 APPROVED AS TO FORM: CITY ATTORNEY Miles Risley CITY OF CORPUS CHRISTI, TEXAS By: Margie C. Rose August Acting City Manager MEYERS & ASSOCIATES By: Page 3 of 3 Larry Meyers August 9, MEYERS & ASSOCIATES ATTACHMENT Annual Amount Required (FYs 17 and 18): State Contract: Focused Advocacy Fund Name Annual Amount General Fund (14%) $ 15,119 Water (63%) $ 68,043 Gas (6%) $ 6,479 Wastewater (17%) $ 18,359 Total (Annually) $108,000 Federal Contract: Meyers and Associates Fund Name Annual Amount General Fund (15%) $11,910 Water (49%) $37,917 Gas (6%) $ 4,337 Wastewater (17%) $13,002 Airport (14%) $10,834 Total (Annually) $78,000 $ 186,000 AGENDA MEMORANDUM for the City Council Meeting of 07/26/16 DATE: TO: July 20, 2016 Margie C. Rose, Interim City Manager FROM: Valerie H. Gray, P.E., Executive Director of Public Works ValerieG@cctexas.com 361-826-3729 BRIEFING TO CITY COUNCIL Bond Continuation Projects STAFF PRESENTER(S): Name Title/Position Department 1. Valerie H. Gray, P.E. Executive Director Public Works 2. Mark Van Vleck Assistant City Manager 3. OUTSIDE PRESENTER(S): Name 1. 2. 3. Title/Position Organization BACKGROUND: This presentation provides an overview of funding needed to continue projects previously approved by voters. LIST OF SUPPORTING DOCUMENTS: Presentation — Bond Continuation Projects Corpus Chr sti Engineering Services Bond Continuation Projects Council Briefing July 26, 2016 Transportation Projects Corpus chrsti Engineering Services Iiialniii...111L —41 1. Rodd Field Road & Yorktown Blvd Intersection Improvements 2. Six Points Intersection Improvements 3. TxDOT Participation & Mobility Improvements 4. Traffic Signal & Intersection Infrastructure Improvements 5. Traffic Signal Communications & Network Improvements 6. Street Lighting Improvements 7. ADA Improvements 8. Developer Participation TOTAL u $ 3,900,000 $ 3,750,000 $ 2,350,000 $ 3,000,000 $10,000,000 $ 2,000,000 $ 2,500,000 $ 2,500,000 $30,000,000 2 Project Descriptions Corpus chrsti Engineering Services 1. RODD FIELD ROAD & YORKTOWN BLVD INTERSECTION IMPROVEMENTS - Continuation of Bond 2014 Prop. 2 project. Includes new signal, dedicated turn lanes, signage, markings and other required improvements to support a "T" intersection. ($ 3,900,000) 2. SIX POINTS INTERSECTION IMPROVEMENTS - Continuation of Bond 2012 & 2014 projects for Ayers, Staples & Alameda. Fully reconstructs 6 -points intersection. Includes pavement restoration, upgraded traffic signals, signage, markings, ADA ramps and other improvements necessary to improve infrastructure and safety of intersection. ($ 3,750,000) 3 Project Descriptions Corpus chrsti Engineering Services 3. TXDOT PARTICIPATION AND MOBILITY IMPROVEMENTS - Continuation of program for obtaining matching funds to leverage State and Federal funding for new bicycle and pedestrian improvements. Includes retrofit of bicycle and pedestrian infrastructure in accordance with Strategic Plan for Active Mobility to create mobility options by strengthening walkable and/or bikable connections to key destinations. ($ 2,350,000) 4. TRAFFIC SIGNAL & INTERSECTION INFRASTRUCTURE IMPROVEMENTS - Continuation of previous Bond programs to upgrade City's signal infrastructure to include pavement restoration, new traffic signal mast arms and poles, signage, pavement markings, ADA ramps and other improvements as necessary. ($ 3,000,000) 4 Project Descriptions Corpus chrsti Engineering Services 5. TRAFFIC SIGNAL COMMUNICATIONS & NETWORK IMPROVEMENTS - Continuation of previous Bond program to replace and upgrade the existing City-wide traffic signalization systems with new advanced controllers and communication network to improve safety, reduce congestion and avoid excessive maintenance cost with aging systems. ($ 10,000,000) 6. STREET LIGHTING IMPROVEMENTS - Continuation of improvements to previous Bond street projects to provide new area lighting through coordination with AEP. The streets include Rodd Field, Ennis Joslin, and Old Brownsville. ($ 2,000,000) 5 Project Descriptions Corpus chrsti Engineering Services 7. ADA IMPROVEMENTS - Continuation of the City-wide ADA Accessibility improvements. The proposed improvements will continue coordination with the Street Preventative Maintenance Program to maximize the resources and overall impacts for the city. The work plan will include remaining improvements from the 2003 ADA Transition Plan and coordination with the Committee for Persons with Disabilities. ($2,500,000) 8. DEVELOPER PARTICIPATION - Continuation of Bond programs to provide matching funding for the City's share of street construction projects, which the City participates to facilitate development under the Unified Development Code (UDC). ($ 2,500,000) 6 "11° Corpus Chrsti Engineering Services Questions? "Continuing to Build Our Future" AGENDA MEMORANDUM City Council Meeting of July 26, 2016 DATE: TO: July 21, 2016 Margie C. Rose, City Manager FROM: Rebecca Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Miles Risley, City Attorney milesr@cctexas.com (361) 826-3360 Draft Ballot Language for November 2016 Special Election STAFF PRESENTER(S): Name 1. Rebecca Huerta 2. Miles Risley Title/Position City Secretary City Attorney Department BACKGROUND: At the July 19 City Council meeting, the Council directed staff to provide options for the ballot language for Proposition 1, 1/8t"sales tax, and Proposition 3, residential street reconstruction tax. Regarding Proposition 1, below is information regarding the adoption and expiration of the current Type A tax. Election Purpose Term Expires November 7, 2000 Seawall (0.125%) 25 yrs. 03/01/2026 (Last debt payment) Arena (0.125%) 25 yrs. 09/01/2025 (Last debt payment) November 5, 2002 (0.125% for 3 uses) Economic development 15 yrs. 03/31/2018 Whataburger Field 15 yrs. 03/31/2018 (Last debt payment 9/01/2017) Affordable Housing 15 yrs. 03/31/2018 ($500,000) LIST OF SUPPORTING DOCUMENTS: Draft Ordinance — Special Election DRAFT VERSION 1 = black VERSION 2 = blue VERSION 3 = green VERSION 4 = brown Ordinance ordering a special election to be held on November 8, 2016, in the City of Corpus Christi on the questions of: (1) adopting a one-eighth of one percent sales and use tax for 20 years to be administered by a Type B corporation governed by Chapter 505 of Texas Local Government Code for economic development, affordable housing and arterial and collector streets; (2) continuing the Corpus Christi Crime Control and Prevention District and associated sales tax for 10 years; and (3) providing for consideration of amendments to the Charter of the City of Corpus Christi; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. WHEREAS, Texas Election Code § 3.004 provides that the governing body shall order elections pertaining to municipal affairs, give notice and appoint election officers to hold the election; and WHEREAS, Nueces County will be conducting an election on November 8, 2016, and the City desires to conduct its election on that date to obtain the efficiencies of a joint election; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A Special City election (hereinafter the "Election") shall be held in the City of Corpus Christi, Texas on November 8, 2016, for the purpose of submitting to the voters of the City ballot propositions on the questions of: (1) abolishing the one-eighth of one percent sales tax approved by the voters on November 5, 2002 for economic development, baseball stadium and affordable housing, administered by a Type A corporation governed by Chapter 504 of Texas Local Government Code and adopting a one-eighth of one percent sales and use tax for 20 years to be administered by a Type B corporation governed by Chapter 505 of Texas Local Government Code for economic development, affordable housing and arterial and collector streets (Type A sales taxes other than the one-eighth of one percent sales tax approved on November 5, 2002 are not intended to be modified pursuant to this Election); (2) continuing the Corpus Christi Crime Control and Prevention District and associated sales tax for 10 years; and C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@0006A2EC\@BCL@0006A2EC.docx 1 (3) providing for consideration of amendments to the Charter of the City of Corpus Christi. SECTION 2. At the Election, all the qualified voters of the City of Corpus Christi shall be permitted to vote. SECTION 3. The eSlate direct recording equipment (DRE) shall be employed at the Election in accordance with the Texas Election Code and the Election shall be held at the polling places in the regularly prescribed precincts of the City of Corpus Christi, as set forth on Attachment A hereto incorporated by reference and made part of this ordinance. The Election shall be held in accordance with the Election Laws of the State of Texas. The polls shall be open from 7:00 a.m. to 7:00 p.m. on the date of the Election. SECTION 4. The City Secretary shall conduct the Election as directed by ordinance of the City Council and by law in accordance with the joint election agreement to be entered into with Nueces County. SECTION 5. Early voting in person at each of the temporary branch polling places shall be conducted as follows: Early voting in person may be conducted at the main early voting polling place located in the first floor lobby of the Nueces County Courthouse, 901 Leopard, and at the temporary branch polling places set forth in Attachment B, incorporated by reference and made a part of this ordinance (said Attachment B to be approved and attached when the temporary branch polling places are determined by Nueces County) hereby established as follows. Early voting in person may be conducted at the mobile temporary branch polling places set forth in Attachment C, incorporated by reference and made a part of this ordinance, during the days and hours specified therein (said Attachment C to be approved and attached when the mobile temporary branch polling places are determined by Nueces County). The City Secretary is authorized in the event of an emergency, preventing any of the designated polling places from being utilized, to provide for suitable replacement locations. Each branch polling place and the main early polling place shall serve all Election precincts. SECTION 6. The City Secretary is directed to post and publish such election notices as are required by the election laws of the State of Texas. The City Secretary is further appointed as the authority and officer responsible for the conduct of said Election and is hereby authorized and directed to make all necessary arrangements for the holding of said Election in accordance with and subject to the laws of this State including not limited to coordinating the election process, including use of tabulation equipment, supplies and printing of ballots, in accordance with the joint election agreement to be executed with Nueces County. C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@0006A2EC\@BCL@0006A2EC.docx 2 SECTION 7. At the Election, the voters shall be presented with the following propositions (in English and Spanish) in the form prescribed by the Texas Election Code: PROPOSITION NO. 1 ABOLISH PART OF TYPE A SALES TAX AND ADOPT TYPE B SALES TAX FOR AGAINST The abolition of the additional sales and use tax within the city in the amount of one-eighth of one percent approved by the voters on November 5, 2002 for new and expanded business enterprises, baseball stadium, and affordable housing, administered by a Type A corporation governed by Chapter 504 of the Texas Local Government Code, and the adoption of an additional sales and use tax within the City of Corpus Christi at the rate of one-eighth of one percent, to be administered by a Type B corporation governed by Chapter 505 of the Texas Local Government Code, to be effective for 20 years after an effective date of October 1, 2017, with the use of the proceeds for: (1) Minimum of Fifty percent for Economic Development, specifically the promotion and development of new and expanded business enterprises to the full extent allowed by Texas law; (2) Up to $500,000 annually on affordable housing; and (3) Balance of proceeds to be used for construction, maintenance and repair of arterial and collector streets and roads. VERSION 2 — ALL REQUESTED PARAMETERS OBSERVED PROPOSITION NO. 1 ADOPT TYPE B SALES TAX TO REPLACE EXPIRING PORTION OF TYPE A SALES TAX FOR AGAINST Adopting a one-eighth of one percent sales and use tax, to be administered by a Type B corporation governed by Chapter 505 of the Texas Local Government Code, to be effective for 20 years, beginning upon the reduction of the Type A sales tax by one-eighth of one percent in 2018, with the use of the proceeds for: (1) Minimum of 50% for Economic Development, specifically the promotion and development of new and expanded business enterprises to the full extent allowed by Texas law; (2) Up to $500,000 annually on affordable housing; and (3) Balance of proceeds to be used for construction, maintenance and repair of arterial and collector streets and roads. C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@0006A2EC\@BCL@0006A2EC.docx 3 VERSION 3 — MINIMIZED LENGTH — NO TIME LIMIT OR USE RESTRICTIONS PROPOSITION NO. 1 ADOPT TYPE B SALES TAX TO REPLACE EXPIRING PORTION Or i YPE A SALES TAX FOR AGAINST Adopting a one-eighth of one percent sales and use tax to be administered by a Type B Corporation under Chapter 505 of the Texas Local Government Code, to be effective upon the reduction of the Type A sales tax by one-eighth of one percent in 2018. VERSION 4 — SHORTER LENGTH --- TIME LIMIT AND MODIFIED USE RESTRICTIONS PROPOSITION NO. 1 ADOPT TYPE B SALES TAX TO REPLACE EXPIRING PORTION OF TYPE A SALES TAX FOR AGAINST Replacing the portion of the Type A sales tax that expires in 2018 with the adoption of a one- eighth of one percent sales and use tax to be administered by a Type B Corporation under Chapter 505 of the Texas Local Government Code, with proceeds to be used for arterial and collector streets, economic development, and affordable housing, to be effective for 20 years. PROPOSITION NO. 2 CONTINUATION OF CRIME CONTROL DISTRICT FOR AGAINST Whether the Corpus Christi Crime Control and Prevention District should be continued for ten years and the crime control and prevention district sales tax should be continued for ten years. PROPOSITION NO. 3 RESIDENTIAL STREET RECONSTRUCTION TAX FOR AGAINST Amending the City Charter to establish a dedicated fund to be used solely for residential street reconstruction and authorizing the City Council to levy, assess and collect a property tax not to exceed six Cents per one hundred dollars of assessed value for the purpose of residential street C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@0006A2EC\@BCL@0006A2EC.docx 4 reconstruction, to be gradually implemented at a rate of not more than two cents per one hundred dollars of assessed value per year. PROPOSITION NO. 3 RESIDENTIAL STREET RECONSTRUCTION TAX FOR AGAINST Amending the City Charter to establish a dedicated fund to be used solely for residential street reconstruction and authorizing the City Council to levy, assess and collect a property tax for 10 years not to exceed six cents per one hundred dollars of assessed value for the purpose of residential street reconstruction, to be gradually implemented at a rate of not more than two cents per one hundred dollars of assessed value. PROPOSITION NO. 4 DESIGNATION OF MAYOR PRO TEM FOR AGAINST Amending the City Charter to provide that in the event of disability of the Mayor for more than 30 days, the Council Member elected at large who received the highest number of votes shall become the Mayor Pro Tem and act as the Mayor during the period of disability. PROPOSITION NO. 5 INCREASE TERM FOR PROCUREMENT OF AUDITOR CONTRACTS FOR AGAINST Amending the City Charter to allow for procurement of contracts for independent auditor with terms up to five years. PROPOSITION NO. 6 ALLOW APPOINTMENT OF ALTERNATE MEMBERS TO CIVIL SERVICE BOARD FOR AGAINST Amending the City Charter to provide for the appointment of two alternate members to the Civil Service Board. PROPOSITION NO. 7 C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@0006A2EC\@BCL@0006A2EC.docx 5 COMPLY WITH STATE LAW TO ALLOW CITY EMPLOYEES TO FILE FOR ELECTION TO MUNICIPAL OFFICE FOR AGAINST Amending the City Charter to eliminate the prohibition on City employees filing for nomination or election to municipal public office to comply with Texas Local Government Code Section 150.041. PROPOSITION NO. 8 ALLOW ISSUANCE OF BONDS IN ACCORDANCE WITH STATE LAW FOR AGAINST Amending the City Charter to provide authority to issue bonds in accordance with the laws of the State of Texas. PROPOSITION NO. 9 AMEND WAITING PERIODS FOR CITY LEASES FOR AGAINST Amending the City Charter to clarify the approval process for leases, update the statutory reference, and eliminate the waiting periods for leases and lease amendments which do not exceed 5 years. PROPOSITION NO. 10 UPDATE LEGAL REFERENCES AND CLARIFY GENERAL POWERS FOR AGAINST Amending the City Charter to update legal references in the General Powers section and clarify the General Powers. PROPOSITION NO. 11 CLARIFY PURCHASING PROCEDURES TO COMPLY WITH STATE LAW FOR AGAINST C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@0006A2EC\@BCL@0006A2EC.docx 6 Amending the City Charter to clarify the procedures regarding purchases and contracts in conformity with State law. SECTION 8. Adoption of Proposition No. 3 would amend the City Charter, ARTICLE VIII, TAXATION AND BONDS, Section 1, as follows: Sec. 1. - Taxation. (a) The city council shall have power, and is hereby authorized annually, after the budget is adopted, to levy and collect taxes up to the maximum authorized by the Constitution of Texas based on the assessed value of all real and personal property in the city, not exempt by the Constitution and laws of Texas from taxation; provided that, except as provided in paragraph (b) and paragraph (c) below, the maximum tax rate for all purposes shall not exceed sixty-eight cents ($0.68) per one hundred dollars ($100.00) of assessed value. The maximum tax rate limitation shall remain in full force and effect until changed by Charter amendment or by ordinance duly adopted after a referendum election at which a majority of the registered voters voting at such election approved adoption of the ordinance. (b) The maximum tax rate the city council may levy in support of debt service for any tax - supported obligations which are authorized by the voters of the city at an election held after April 4, 1993, shall be limited to the tax rate limitation provided in the Texas Constitution. In the event any such voter -approved obligations are refunded by the issue of refunding obligations as authorized under Texas law, the debt service on such refunding obligations shall be subject to the maximum tax rate limitation in paragraph (a) above unless: (i) the refunding results in a net present value savings to the city as determined by the Texas Attorney General, or (ii) such refunding obligations are authorized by the voters of the city at an election held for such purpose. (c) A dedicated fund to be used solely for residential street reconstruction is established, and the city council is authorized each year to levy, assess and collect a property tax not to exceed six cents ($0.06) per one hundred dollars ($100.00) of assessed value for the purpose of residential street reconstruction to be deposited in such fund. Said taxes shall be used solely for the purpose of residential street reconstruction, including associated architectural, engineering and utility costs, and shall be implemented gradually at a rate not to exceed two cents ($0.02) per one hundred dollars ($100.00) of assessed value per year. For the purposes of this provision, the term "reconstruction" is defined as removing all or a significant portion of the pavement material and replacing it with new or recycled materials. The dedicated fund established by this subsection (c) may not be used for payment of debt service. (c) A dedicated fund to be used solely for residential street reconstruction is established, and the city council is authorized each year to levy, assess and collect a property tax not to exceed six cents ($0.06) per one hundred dollars ($100.00) of assessed value for the purpose of residential street reconstruction to be deposited in such fund. Said taxes shall be used solely for the purpose of residential street reconstruction, including associated architectural, engineering and utility costs, and shall be implemented gradually at a rate not to exceed two cents ($0.02) per one hundred dollars ($100.00) of assessed value per C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@0006A2EC\@BCL@0006A2EC.docx 7 year. For the purposes of this provision, the term "reconstruction" is defined as removing all or a significant portion of the pavement material and replacing it with new or recycled materials. The dedicated fund established by this subsection (c) may not be used for payment of debt service. This subsection (c) shall be effective until ten years has passed from adoption of the ordinance levying the initial tax authorized under this subsection. (c } If for any cause the city council shall fail or neglect to pass a tax ordinance for any year, levying taxes for that year, the tax ordinance last passed shall be considered in force and effect as the tax ordinance for the year for which the city council so failed to pass a tax ordinance, and the failure to pass such ordinance in any year shall not invalidate the collection of the tax for that year. (e )The city council may also prescribe the date when taxes shall become due and prescribe penalties for nonpayment before they become delinquent. {e) (ff The city council may also levy, assess and collect any other types of taxes as provided by state law, provided that no such tax shall be greater than is authorized by such statute. SECTION 9. Adoption of Proposition No. 4 would amend the City Charter, ARTICLE II, CITY COUNCIL, Section 5, as follows: Sec. 5. Disability of Mayor. If for any reason the mayor is absent from the city or unable to perform the duties of his or her office, the mayor pro tem shall act as mayor and during such absence or disability shall perform the duties and have the powers of the mayor; provided that, in the event that any disability of the mayor extends for a period longer than thirty (30) days, the council member elected at large who received the highest number of votes at the most recent City Council election shall become mayor pro tem and shall act as mayor for the remainder of the period of such disability. He or she shall have all of the authority, rights and benefits of the mayor during such period. SECTION 10. Adoption of Proposition No. 5 would amend the City Charter, ARTICLE II, CITY COUNCIL, Section 27, as follows: Sec. 27. - Independent audit. The council shall provide for an independent annual audit for all city accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. The council may, • - = . - :. - : = -- : - • - :'; , procure dcsignatc such accountant or firm annually or for a period not exceeding three five years, provided that the designation for any particular fiscal year shall be made no later than thirty days after the beginning of C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@0006A2EC\@BCL@0006A2EC.docx 8 such fiscal year. If the state makes such an audit, the council may accept it as satisfying the requirements of this section. SECTION 12. Adoption of Proposition No. 6 would amend the City Charter, ARTICLE VII, EMPLOYMENT REGULATIONS, Section 2, as follows: Sec. 2. Civil Service Board. There shall be a civil service board, which shall consist of three persons, citizens of Corpus Christi. No member of the board shall during his or her tenure be a candidate for or hold any city office or position, and no member of the board shall during his or her tenure hold any other public office, except notary public. The city council shall appoint the members of such board. The city council shall appoint two alternate members to serve for absent board members. The term of office of each member and alternate member of such board shall be for three years, or until a successor is appointed. The civil service board, subject to the approval of the council, shall adopt, amend and enforce a code of rules and regulations providing for appointment, employment or suspension in all positions in the classified service. The civil service board established herein shall promulgate rules and regulations that insure fair treatment of employees in hiring, promotions, grievances and disciplinary actions including suspensions, dismissals, or terminations in accordance with the policy stated herein. SECTION 13. Adoption of Proposition No. 7 would amend the City Charter, ARTICLE VII, EMPLOYMENT REGULATIONS, Section 5, as follows: Sec. 5. - Officers and employees, candidacies. (a) A member of the city council may file as a candidate for nomination or election to any public office, including a position under this Charter. Upon the election or appointment to a non -city public office, such council member shall forfeit his or her office as a member of the council. (b) A member of a city board, commission or committee may file as a candidate for nomination or election to any non -city public office. Upon the election or appointment to a non -city public office or upon the filing as a candidate for any position under this Charter, such board, commission or committee member shall forfeit his or her position. (c) A city employee may file as candidates for nomination or election to any non city public office and may serve in such position if elected or appointed, so long as such activities do not interfere with his or her city employment contrary to ordinances and administrative regulations. If any city cmploycc shall filc as a candidate for nomination or election to a position undcr this Charter, such cmploycc shall forfeit his or her employment with the city. SECTION 14. Adoption of Proposition No. 8 would amend the City Charter, ARTICLE VIII, TAXATION AND BONDS, Section 2, as follows: C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@0006A2EC\@BCL@0006A2EC.docx 9 Sec. 2. Authority to Issue Bonds (a) Thc city council shall havc thc powcr and authority by resolution duly passcd, to borrow moncy on thc crcdit of thc city and may issuc bonds of thc city thcrcfor. It shaI also havc thc powcr and is hcrcby authorizcd to issuc bonds for thc purposc of rcfunding outstanding bonds of thc city. (b) No bonds shall bc issucd for a tcrm of longcr than one ycvr or to rcfund outstanding bonds at thc samc or a highcr ratc of intcrcst and for such maturitics that thc aggrcgatc amount to bc paid on rcfunding, principal and intcrcst, will cxcccd thc ;aggrcgatc amount duc, principal and intcrcst, on thc cntirc outstanding bonds proposal to bc rcfundcd, unlcss approvcd by a majority votc of thc qualificd votcrs of thc city 'eking at an cicction callcd for such p (c) No bonds shall bc issucd drawing morc than thc maximum ratc of intcrcst per annum authorizcd by statc law. (d) Thc Bond and Warrant Law of 1031, as amcndcd, shall govcrn thc contracts of thc city and rcvcnuc bonds, ccrtificatcs of obligation, notcs or warrants issucd by it. The city council shall have the power and authority to issue bonds in accordance with the general and special laws of the State of Texas, in effect from time to time and as applicable to the City. SECTION 15. Adoption of Proposition No. 9 would amend the City Charter, ARTICLE IX, PUBLIC UTILITIES, FRANCHISES, AND LEASES, Section 3, as follows: Sec. 3. - Ordinance granting franchise or lease of city property with term exceeding 5 years. {a-} Every ordinance granting, renewing, extending or amcnding or expanding a franchise or a lease of city property of thc city with a term exceeding 5 years shall be read at two regular meetings of the council, and shall not be finally acted upon until the twenty-eighth day after the first reading thereof. Within five days following each of the two readings of the ordinance, a description of the franchise or lease, including the names of the parties, the term, payments to the city and the purpose of the franchise or lease, shall be published one time in a newspaper of general circulation in the city, and the expense of such publication shall be borne by the prospective franchise holder or lessee. Copies of the full text of any such ordinance shall be made available to the public at no charge in the office of the city secretary. With the exception of any ordinance authorized by election provided herein, no ordinance granting, renewing, extending or amcnding or expanding a lease or franchise of more than five years shall become effective until the expiration of sixty days following the date of its final adoption by the council, and every such ordinance shall be subject to referendum procedure provided by state law, Scction 282.003, Tcxas Covcrnmcnt Codc, Section 311.073, Texas Transportation Code, as amended now or in the future. C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@0006A2EC\@BCL@0006A2EC.docx 10 (b) Notwithstanding any othcr provision of this Chartcr, any ordinance granting or authorizing thc execution of a I&Dsc having a tcrm of fivc y&Drs or Icss may bc finally passed and thc lease authorized without publication of any noticc, and in cases of declaration of cmcrgcncy may bc passed without ncccssity of two readings. Section 16. Adoption of Proposition No. 10 would amend the City Charter, ARTICLE X, GENERAL POWERS AND PROVISIONS, Section 1, as follows: Sec. 1. - General powers. (a) The city shall have and may exercise, for any municipal purpose, all powers applicable to home rule cities in the Texas constitution, statutes and codes, and specifically including the powers prcscntly cnumcratcd in Articic 1175, Tcxas Civil Statutcs, and formerly cnumcratcd in Articic 1175, which have bccn codified in other provisions of Tcxas Gtatutcs and codes, and which may bc added thereto at any timc in thc future, governmental functions contained in Texas Civil Practices & Remedies Code, Section 101.0215(a), as amended, including the power to establish fees for said functions, and the following powers, to the fullest extent it deems necessary, desirable, or convenient, except as clearly prohibited or limited by state law or this Charter: (1) To use a corporate seal. (2) T. s nd be cd To sue in any court. (3) To contract. (4) To define and abate nuisances. (5) To levy and collect taxes and fees. (6) To borrow money by issue or sale of bonds, warrants, notes or other method. (7) To appropriate and expend monies. (8) To acquire and own property or any interest therein, within and without the corporate limits, by purchase, eminent domain, gift, devise, exaction, or any other means whatsoever. (9) To sell, lease or otherwise convey city property, real or personal. (10) To manage and control all city property. (11) To establish, improve and maintain a comprehensive system of streets and public ways and all appurtenances related thereto, and to control and regulate any use thereof; provided, no street or alley may be opcncd or closed except after notice by one publication in a newspaper of general circulation in the city and by mail to the last known address of all owners within four hundred fifty feet therefrom and hearing by the city council. (12) To assess the cost of street, sidewalk and related improvements against abutting property owners and fix a lien against such abutting property in any manner authorized by Subchapter E of Chaptcr '102, Tcxas Local Government Codc, and Chaptcrs 312 and 313, Tcxas Transportation Codc state law, as thc same may bc amended in thc future, or othcr state law, or any city ordinance, which procedures are hereby adopted as alternatives which may be exercised. (13) To levy and collect assessments and fees against property benefitted by improvements, and fix liens thereto, according to procedures established by ordinance or law. [Remainder of Section 1 left unchanged.] SECTION 17. Adoption of Proposition Amendment No. 11 would amend the City Charter, ARTICLE X, GENERAL POWERS AND PROVISIONS, Section 2, as follows: C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@0006A2EC\@BCL@0006A2EC.docx 1 1 Sec. 2. - Contracts. (a) All contracts shall be authorized by the city council, except that the city manager may authorize contracts which do not require expenditures exceeding the limit at which competitive bids are required under the Texas Local Government Code, as amended, and may exceed that sum in the case of emergency which shall be reported to the council. (b) No contract shall be binding until it has been (1) signed by the city manager or the manager's authorized representative, and (2) approved or objected to in writing by the city attorney, which objection shall be filed with the city secretary; Pprovided, however, that as to standard contracts for multiple transactions, the city attorney need only approve the standard form. (c) All purchases and contracts must comply with state law. be compctitivcly bid or proposcd or bascd upon a procurcmcnt mcthod authorizcd by statc law. For any contract proposal, aftcr a.:-- managcr, advcrtiscmcnt of such contracts shall bc publishcd in a ncwspaper of gcncra[ circulation in thc city at I&Dst oncc in c\pch wcck for two consccutivc wccks, inviting compctitivc bids or proposals. All bids or proposals submittcd shall bc scvlcd and dclivcrcd in thc manncr rcquircd by thc spccifications. At thc timc announccd in such noticc, thc bids or proposals shall bc opcncd in thc prcscncc of one or morc city cmployccs dcsignatcd by thc city managcr and in thc prcscncc of thosc biddcrs dcsiring to bc prcscnt, cxccpt that confidcntiality may bc providcd in accordancc with statc law. Thc council shall dctcrminc thc most advantagcous bid or proposal for thc city. Thc city shaI always havc thc right to rcjcct any and all bids or proposals. In thc cvcnt all bids or proposals arc rcjcctcd, thc city may call for new bids or proposals at its discrction, which (d) No contract shall ever be made which binds the city to pay for personal services to be rendered for any stated period of time; but all contracts for personal service shall be restricted to the doing of some particular act or thing, and upon its completion no further liability shall exist on the part of the city. SECTION 18. The Election is expected to be conducted in accordance with an agreement between Nueces County and the City of Corpus Christi to hold a joint election on November 8, 2016, (which shall be approved and attached hereto as Attachment D and incorporated herein). The City Secretary is authorized to approve all lawful changes and additions to the procedures provided herein in order to implement such agreement, including but not limited to provisions for substations and mobile voting sites. SECTION 19. By approving and signing this ordinance, the Mayor officially confirms and orders as the Mayor's actions all matters recited in this ordinance which by law come within the Mayor's jurisdiction. SECTION 20. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance or the ballot herein 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 C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@0006A2EC\@BCL@0006A2EC.docx 12 City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect of its purpose. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016 by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@0006A2EC\@BCL@0006A2EC.docx 13 AGENDA MEMORANDUM City Council Meeting of July 26, 2016 DATE: July 15, 2016 TO: Mayor and Council FROM: Rebecca Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Discussion regarding Nueces County's application to the Secretary of State for participation in the Countywide Polling Place Program. STAFF PRESENTER(S): Name 1. Rebecca Huerta OUTSIDE PRESENTER(S): 1. Kara Sands Title/Position City Secretary Nueces County Clerk Department BACKGROUND: On July 13, 2016, the Commissioners Court voted unanimously to authorize the submission of an application to the Secretary of State for participation in the Countywide Polling Place Program. If approved by the state, the program would allow residents to vote at any polling location on Election Day, as long as they're registered to vote in Nueces County. The application is due on August 25. Nueces County Clerk Kara Sands is requesting a letter of support from the City Council for inclusion in the application, if the Council is in agreement. LIST OF SUPPORTING DOCUMENTS: Countywide Polling Places — FAQs Memorandum from Secretary of State's Office Kara Sands COUNTY CLERK Nueces County Courthouse P.O. Box 2627 Corpus Christi, TX 78403 Office: (361) 888-0580 Fax: (361) 888-0329 E-mail Address: kara.sands@nueeeseo.com County Clerk Homepage: http://www.co.nueces.tx.usieountyclerld To: RESIDENTS OF NUECES COUNTY FROM: KAR.A SANDS COUNTY CLERK, NUECES COUNTY RE COUNTYWIDE POLLING PLACES COUNTYWIDE POLLING PLACE PROGRAM INFORMATION PROBLEM Required Use of County Precincts Out of 127 precincts, there are 27 election precincts that do not have a suitable polling place. + Why is this a problem? We are required to use all precincts in compliance to Sec. 42.002. REQUIRED USE OF COUNTY PRECINCTS. (a) The county election precincts are the election precincts for the following elections: 1. the general election for state and county officers; 2. a special election ordered by the governor; 3. a primary election; 4. a countywide election ordered by the commissioners court, county judge, or other county authority, except an election subject to Section 42.062 (2); and (5) as provided by Section 42.06221, any other election held by a political subdivision on a uniform election date. (b) Except as provided by Sections 42.008* and 42.009*, county election precincts may not be consolidated for an election. Sec. 43.001. ONE POLLING PLACE IN EACH PRECINCT. Each election precinct established for an election shall be served by a single polling place located within the boundary of the precinct. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. 1 SOLUTION + Option 1 - Build New Polling Places The Commissioners Court may choose to purchase or construct a building in the precinct for that purpose, in each of the 27 election precincts that do not have a suitable polling place. All 27 precincts will need to be built in time for the election. Sec. 43.032. BUILDING ACQUIRED BY COUNTY FOR POLLING PLACE. (a) If a public building is unavailable for use as the polling place for a county election precinct, the commissioners court may purchase or construct a building in the precinct for that purpose. (b) The commissioners court may permit a building purchased or constructed under Subsection (a) to be used with or without charge for purposes other than as polling place. Option 2 - Apply for Countywide Polling Place Program Eligible counties can apply to use countywide polling places in the primary and run-off, the general election for state and county officers, the uniform election date in May, constitutional amendment, and joint elections when holding any of the above elections with a local political subdivision. Ultimately, the benefit of a countywide polling place is that it will allow people to vote at any polling place they choose. PROGRAM FAQs What is required to participate in the program? • FIRST - The County must have exclusive use of direct recording electronic (DRE) voting systems for voting on Election Day. • SECOND — The County must have implementation of a computerized voter registration list. This means that when a person votes at one of the voting centers it is recorded, at that moment, and allows instantaneous verification that the voter has not already voted at another polling place. • THIRD — The County must hold a public hearing to inform and solicit opinions from voters, minority organizations, and other interested parties. Sec. 43 007. COUNTYWIDE POLLING PLACE PROGRAM. (a) The secretary of state shall implement a program to allow each commissioners court participating in the program to eliminate county election precinct polling places and establish countywide polling places for: (f) In selecting countywide polling places, a county must adopt a methodology for determine where each polling place will be located. The total number of countywide polling places may not be less than: (2) for an election held in the first year in which the county participates in the program, 65 percent of the number of precinct polling places that would otherwise be located in the county for that election. 2 If the county meets the minimum requirements, what is the next step of the process? • Once we have completed the requirements needed, we would fotnially apply to the Secretary of State's Office for acceptance to the program. Deadline for counties to submit their proposed plan (detailing the county's ability to comply with items 1-3 above) to Secretary of State by Thursday, August 25, 2016. + What is the next step if the county is accepted? • We would appoint an advisory committee which would help with the selection of the polling place locations and assist in selecting the specific criteria for the locations. The vote polling place advisory committee would involve members from local political subdivisions, precinct officials and organizations that represent minority voters and voters with disabilities. • Once the sites are selected a new communication plan must be put in place which explains how voters will be notified of the change to countywide polling places and new polling locations. + Who determines where the countywide polling places will be located? • Under the program, a county must adopt a methodology for deciding where each polling place will be located. Some factors to consider in this process include: availability of public transportation to a polling location, population size near the polling location, and availability of a proper building for a polling place. Additionally, the selection of polling places under the program should not result in the reduction of voting strength or representation of any group covered by the federal Voting Rights Act. Therefore, the Secretary of State strongly encourages counties to foini vote center advisory committees to acquire feedback on voting locations. 4- Will my ballot change? Will you be taking away my polling location? • No. You will keep the same ballot. • The Countywide Polling Place Programwill allow you to vote at any polling place you choose. We understand that this is a large amount of information, but we want to hear from you and value your input. Please stop by the Public Hearing on Monday, June 27, 2016 at 7:00 pm, located at the Central Jury Room at the Nueces County Courthouse. We are available to answer any questions, thus for more information please contact the Nueces County Elections Department at 361-888-0865. You can also visit the Secretary of State website at www.sos.state.tx.us, Like us on Facebook or follow us on Twitter for updates. Sincerely, ck(24-0t- )a)4-0 Kara Sands, County Clerk Nueces County, Texas Countywide Polling Place Program FAQs http://www.sos. state.tx.us/elections/laws/countywide-polling-place-fags.... TEXAS SECRETARY of S TATE CARLOS H. CAscos Don't have a photo ID for voting? Election Identification Certificates are available from DPS offices. Note - Navigational menus along with other non -content related elements have been removed for your convenience. Thank you for visiting us online. Countywide Polling Place Program FAQs To: County Clerks/Elections Administrators in Counties Using DRE Voting Equipment From: Keith Ingram, Director of Elections Date: January 15, 2016 RE: Application Deadlines for Countywide Election Precincts Polling Places in Countywide Elections Held on March 1, 2016 Primary Election Date and on May 7, 2016 and November 8, 2016 Uniform Election Dates This memorandum is to answer general questions on the countywide election precinct polling place program ("the program"). Background: Under Section 43.007(i) of the Texas Election Code, the Secretary of State may select six counties with a population of 100,000 or more and four counties with a population of less than 100,000 for participation in the program for an election. The Secretary of State may determine that a county's participation in the program was "successful" following one election under the program. Once designated as "successful," that county may continue to use the program for subsequent elections. Note that counties that have previously participated in the program, but have not been formally granted a "successful" designation in writing by the Secretary of State, must reapply to use the program for each election. Eligible counties may apply to use countywide polling places in the following elections: the primary election and run-off election, the general election for state and county officers, elections taking place on the uniform election date in May, a constitutional amendment election, and joint elections when holding any of the aforementioned elections with a local political subdivision (e.g., city, school district, etc.). Program FAQs Q: What is required to participate in the program? A: At a minimum, each county selected to participate in the program must have the following: • Exclusive use of direct recording electronic (DRE) voting systems at all polling places; • Implementation of a computerized voter registration list that allows instantaneous verification that a voter has not already voted at another polling place; and • If the county has not participated in one of the previous countywide election precinct programs, it 1 of 4 7/7/2016 3:39 PM Countywide Polling Place Program FAQs http://www.sos.state.tx.us/elections/laws/countywide-polling-place-fags.... must hold a public hearing to inform and solicit opinions from voters, minority organizations, and other interested parties (e.g., political parties, political subdivisions within the county, and organizations representing voters with disabilities). Q: If my county meets the minimum requirements, what is the next step of the process? A: For tracking purposes, we request that counties file an intent to participate in the program with the Secretary of State's Office (PDF). However, filing an intent does not reserve a spot in the program and a full application must be received by the Secretary of State's office by 5:OOpm on the deadlines provided by the Secretary of State. Q: What should be included in an application for participation in the program? A: An application should include the following: • A letter, addressed to the Secretary of State, detailing specifics for the implementation of the plan (required items listed below) and requesting approval for the county to participate in the program. The letter must indicate the name and date of the election participation is being requested for; and • A letter signed by the County Judge indicating support of the county's plan and requesting approval for the county to implement countywide polling places throughout the county. Q: What must the letter to the Secretary of State in the application address? A: The letter to the Secretary of State in the application must cover the following: • The county's exclusive use of DRE voting systems. Identify the vendor, quantity of voting machines and polling places to be used and how long the county has conducted elections with exclusive use of DRE voting machines; • The county's use of a computerized voter registration list that allows instantaneous verification that a voter has not already voted at another polling place. Identify steps taken to guarantee connectivity at each polling place and the county's plan for dealing with a loss of connectivity during an election; • Information on the public hearing held, including date and time of the hearing, information that was provided in the hearing and feedback that was received. A video or audio copy of the hearing must be provided. If a video or audio copy of the hearing is not available, a paper transcript is acceptable; • An explanation of the methodology that will be used to select the countywide polling locations. Include a map of the previous and new polling locations and information on the advisory committee used to select locations including names, organizations, positions and e-mail addresses; • An explanation on the methodology used to select Election Judges and Alternate Election Judges; • A communication plan which explains how voters will be notified of the change to countywide polling places and new polling locations; • A statement that all joint election issues have been resolved. Because political subdivisions holding joint elections with the county must have a presence at all countywide polling locations, a county must demonstrate that issues related to joint elections have been or will be resolved; and • Demonstration that the commissioner's court and the county chairs have resolved how polling place officials will be appointed. Q: Is there a notice requirement for the public hearing on use of the program? A: The hearing is held by the commissioner's court, which means that Chapter 551 of the Government Code applies. Specifically, the commissioner's court must give written notice of the date, hour, place and subject of the meeting. Notice must be provided in a place readily accessible to the general public at all 2 of 4 7/7/2016 3:39 PM Countywide Polling Place Program FAQs http://www.sos.state.tx.us/elections/laws/countywide-polling-place-fags.... times and must be provided at least 72 hours before the scheduled time of the meeting. Q: How many countywide polling places should my county have? A: For an election held in the first year in which the county participates in the program, the total number of countywide polling places may not be less than 65% of the number of precinct polling places that would otherwise be located in the county for that election. After this, the number drops to no less than 50% of the number of precinct polling places that would otherwise be located in the county for that election. Q: Who determines where the countywide polling places will be located? A: In an election under the program, a county must adopt a methodology for determining where each polling place will be located. Some factors to consider in this process include: availability of public transportation to a polling location, population size near the polling location, and availability of a suitable building for a polling place. In addition, the establishment of polling places under the program should not result in the dilution of voting strength or representation of any group covered by the federal Voting Rights Act. For this reason, the Secretary of State strongly encourages counties to form vote center advisory committees to obtain feedback on voting locations. Q: Who would serve on a vote center advisory committee? A: The vote center advisory committee would consist of members from local political subdivisions, precinct officials and organizations that represent minority voters and voters with disabilities. Q: How should my county notify voters of the change in polling locations? A: At a minimum, an election day notice indicating the location of the nearest countywide polling place must be posted at each precinct polling place that was used in the last general election for state and county officers but will not be used in the election under the program. In addition, the notice of election should identify the Election Day polling places in the county. Q: How are judges and clerks appointed for countywide polling locations? A: While the Election Code does not specifically direct how judges and clerks should be selected under the program, our office recommends the tracking of voting history in the program precincts and assigning judges on a proportional basis that accurately represents the voters of each particular area. For elections like November 8, 2016 where the Section 32.002 list procedure applies to county election judges and clerks, assignment under this methodology should be done according to the list procedure in Section 32.002 of the Code. For other elections, assignment can be made according to the authority ordering the election. A second option would be to assign judges and clerks to a polling place in a method similar to early voting under Section 85.009 of the Code. Q: If the election for my county is cancelled, does notice need to be posted at all countywide polling locations? A: Yes. Under the Election Code, if an election is not held, notice should be posted on Election Day at each polling location that would have been used for that election. Under the program, this would mean that notice would be posted at each countywide polling location on Election Day in the event the election is cancelled. Q: How does my county apply for "successful" status? A: Following one election under the program, a county may apply for "successful" status with the 3 of 4 7/7/2016 3:39 PM Countywide Polling Place Program FAQs http://www.sos.state.tx.us/elections/laws/countywide-polling-place-fags.... Secretary of State and continue to use countywide election precinct polling places in subsequent elections. To apply for "successful" status, the Secretary of State must not have received any complaints that have been supplemented with evidence with respect to the county using countywide precincts in an election. The county commissioner's court must then hold a public hearing on the use of countywide precincts. Notice of the meeting must be provided to all county party chairs, local political subdivisions and affected public interest groups. A recording or transcript of the hearing must be provided to the Secretary of State. The county judge will submit a letter requesting "successful" designation to the Secretary of State along with the recording or transcript of the public hearing. The Secretary of State will review the transcript or recording as well as reports of the county's elections using the program to confirm the county met the requirements of the Code. Voter turnout data for elections using the program will be compared with turnout in previous elections without use of the program to determine whether use of the program caused a substantial reduction in voter turnout. If you are interested in participating in the program or need more information, please contact Andre Montgomery or call our office toll-free at 1-800-252-2216. KI:AM 4 of 4 7/7/2016 3:39 PM .1i1 Com` cr'; rill , ,p " AGENDA MEMORANDUM oso BuildingStandards Board HearingAppeal - 26, 2016 PP July 1852 DATE: July 12, 2016 TO: Margie C. Rose, City Manager FROM: Anthony Sanders, Captain - Neighborhood Services/K9, Police Department (AnthonyS@.cctexas.com) (361.826.2691) Tracey K. Cantu, Administrator— Code Enforcement Division, Police Department (TraceyC(a�cctexas.com) (361.826.3170) Building Standards Board Hearing Appeal for 3769 Wilson Drive CAPTION: Consideration of an appeal filed by Ocsar De Los Santos of the Building Standards Board's decision to require demolition of the residential and accessory structures on property located at 3769 Wilson Drive. PURPOSE: Mr. Oscar De Los Santos has requested the City Council hear and consider an appeal of a decision of the Building Standards Board regarding property located at 3769 Wilson Drive. BACKGROUND AND FINDINGS: On November 19, 2015 due to the substandard and dilapidated condition of the residential and accessory structures at 3769 Wilson Drive, a hazard to the health, safety, and welfare of the public is henceforth declared. The Building Standards Board ordered the structures at 3769 Wilson Drive to be removed or demolished by owner, lien holder or mortgagee within thirty (30) days. If demolition is not started and completed as required, then the City be authorized to demolish. Per Section 13-24 of the Code, an owner or occupant may appeal a decision of the board to the city council. Oscar De Los Santos submitted a notice of appeal in writing on December 21, 2015, within 30 days of the board's decision. The City Charter, Article VI, Section 2 states that appeals shall be perfected by filing a sworn notice of appeal with the city secretary within thirty (30)days from the date of the decision. In addition, Section 13-24(b), of the Code states that all orders of the Board regarding this property are to be suspended pending a decision on this matter by the City Council. During an appeal, the City Council acts in a quasi-judicial capacity to determine the facts and to determine whether the structure requires demolition. After hearing presentations from staff and from the appellant, the Council can decide to deny the appeal (uphold the Building Standards Board order) or to sustain the appeal (reversing the Board's order in whole or in part). Under Section 13-24(b), the Council may vary the application of any provision of Chapter 13 of the City Code when the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this Code, the Corpus Christi Property Maintenance Code or public interest or when, in its opinion, the decision of the board should be modified or reversed. A decision of the city council to vary the application of any provision of this Code or the Corpus Christi Property Maintenance Code, or to modify an order of the board in whole or in part shall specify in what manner such modification is made, the conditions upon which it is made and the reasons therefore. The decision of the city council shall be final unless the aggrieved party appeals by instituting suit for that purpose in any court having jurisdiction within fifteen (15) days from the date on which the decision of the city council was rendered. OTHER CONSIDERATIONS: Not applicable EMERGENCY/NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Building Standards Board—Code Enforcement, Police Department Legal Department FINANCIAL IMPACT: o Operating o Revenue o Capital X Not applicable RECOMMENDATION: Deny the appeal by approving the proposed resolution (uphold the Building Standards Board order to demolish the property located at 3769 Wilson Drive within 30 days.) LIST OF SUPPORTING DOCUMENTS: 1. Resolution -Affirming the Building Standards Board order to demolish the property located at 3769 Wilson Drive within 30 days. 2. Final Order of the Building Standards Board Case No. 14-1150 3. Minutes of Building Standards Board Meeting November 19, 2015 4. Case Timeline &City Abatement Costs for 3769 Wilson Drive 5. Location Map & 3769 Wilson Aerial Photo 6. Evidence Photos 7. Notice of Appeal — Oscar De Los Santos 8. Notice of City Council Meeting - Building Standards Board Appeal Resolution denying Oscar De Los Santos appeal, thereby upholding the Building Standards Board order to demolish the buildings and structures on the property located at 3769 Wilson Drive. Whereas, the Building Standards Board (the "Board") held a public hearing on November 29, 2015, at 1:30pm regarding property located at 3769 Wilson Drive and after making certain findings ordered the structure or premises be removed or demolished by the owner, lien holder or mortgagee, within thirty (30) days pursuant to the attached Final Order of the Building Standards Board Case No. 14-1150; and Whereas,the owner of 3769 Wilson Drive (the"Appellant")filed a written notice of appeal of the Board's order with the City Secretary's Office on December 21, 2015, in accordance with Section 13-24(a)City of Corpus Christi Code of Ordinances (the"Code") and Article VI, Section 2 of the City Charter (the"Charter"); and Whereas, Section 13-24(a) of the Code and Article VI, Section 2 of the Charter authorize the City Council to hear Appeals of the Board's decision; therefore this Council properly has jurisdiction of this appeal; and Whereas,after hearing the evidence, the City Council makes the following findings related to the property located at 3769 Wilson Drive: 1. The Code Enforcement division of the Police Department complied with the procedural requirements for eliminating substandard conditions pursuant to Section 13-22 of the Code; and 2. The Board held a public hearing on November 19, 2015, at 1:30pm. The owner did not appear, and no authorized representatives appeared on behalf of the owner. After considering the testimony and reviewing the documentation and information submitted by City staff and after affording the owner and/or other interested parties the opportunity to address the Board and present testimony, documentation and information, the Board found that the structure or premises could not be repaired because of the refusal of the owner or its intrinsic state of disrepair or both and is dilapidated or substandard and ordered ordered removal or demolition by the owner, lienholder or mortgagee, within 30 days; and 3. The walking surface of an aisle, passageway, stairway, exit or other means of egress of the buildings and structures is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress and therefore are considered dangerous and deemed substandard pursuant to section 108.1.5 of the CCPMVIC; and 4. The buildings and structures, or part of the building or structures, because of dilapidation, deterioration, decay, or for any other reason is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way and therefore are considered dangerous and deemed substandard pursuant to section 108.1.5 of the Corpus Christi Property Maintenance Code (the "CCPMC"); and 5. The buildings and structures are clearly unsafe for its use and occupancy and therefore are considered dangerous and deemed substandard pursuant to section 108.1.5 of the CCPMC; and 6. The buildings and structures are neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structures to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building and structure for committing a nuisance or an unlawful act and therefore are considered dangerous and deemed substandard pursuant to section 108.1.5 of the CCPMC; and 7. The photos attached of 3769 Wilson Drive further support the finding that the buildings and structures are dangerous and substandard; and 8. Pursuant to Section 101.3 of the CCPMC the spirit and purpose of the Code is to ensure public health, safety and welfare of the residents of this City insofar as they are affected by the continued occupancy and maintenance of structures and premises; and 9. The Appellant has not alleged or establish that an error was committed by the Board; and 10.The Appellant has failed to establish that the Board's decision would have caused undue hardship. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The Council declares the recitals in the above paragraphs are true and correct. Section 2. The Appellant's appeal is hereby denied. Section 3. The Board's attached order requiring the owner, lien holder or mortgagee to demolish the buildings and structures on the property located at 3769 Wilson Drive is upheld. Section 4. Not applicable unless amendment is made to specifically adopt in place of the aforementioned Sections 2 and 3: The Board's attached Order is modified as follows: *r 1-:ams• FINAL ORDER OF THE ' BUILDING STANDARDS BOARD ��� , � Case No. 14-1150 Property Owner(s) RE:3769 Wilson OWNER:Oscar De Los Santos LOT:6 ADDRESS:P.O.Box 266814 BLOCK:5 CITY STATE ZIP-Houston,Texas 77207-6814 ADD'N:Saxet Hgts This final order is issued pursuant to the authority granted to the Building Standards Board("Board")of the City of Corpus Christi, ("City"),Nueces County,Texas in accordance with the Charter of the City,Chapter 13 of the City's Code of Ordinances("Code")and the Texas Local Government Code. On November 19,2015,the City of Corpus Christi Building and Standards Board held a public hearing and made the following findings regarding the building located at the above referenced property: 1. Pursuant to the provisions of Chapter 13 of the Code,on August 13,2014 an inspection for substandard conditions was made of the building(s)or structure(s)located within the City at the above referenced property; 2. On August 26,2014 a notice of violation(s)and request to correct the violation(s)was sent to the owner and all known Interested parties. Additionally,on September 30,2015 and October 1,2015 notice of violation(s)was posted in the Corpus Christi Caller Times; 3. Thirty days elapsed since the notice of violation(s)was provided and such violation(s)were not cured; 4. Code Official,Diana T.Garza,flied a complaint with the Chairman regarding the above listed property on July 10,2015, and the public hearing was held not less than ten days and not more than 45 days after the complaint was filed; 5. Notice of the public hearing was sent to the owner and all known interested parties on November 6,2015,which was at least ten day prior to the public hearing. Additionally,on November 6,2015 and November 7,2015 notice of the public hearing was posted in the Corpus Christi Caller limes; 6. After considering the testimony and reviewing the documentation and information submitted by City Staff and after affording the owner and/or other interested parties the opportunity to address the Board and present testimony, documentation and information the Board finds the building located at the above referenced property is substandard and/or constitutes a nuisance. 7. The City of Corpus Christi will vacate,secure,remove,or demolish the building or relocate the occupants of the building if the action ordered below is not taken within the allotted time. The Board further finds: The substandard building shall be ordered secured by the owner,lien holder or mortgagee from unauthorized entry within 30 days. OR The substandard building or structure can reasonably be repaired by the owner,lien holder or mortgagee,so as to be in compliance with this code,therefore it shall be ordered repaired within thirty(30)days. Repairs must be in compliance with City Ordinance Section 13-22(G). The substandard building or structure can reasonably be repaired by the owner,lien holder or mortgagee,so as to be In compliance with this code,therefore it shall be ordered repaired within_(31 days to 90 days)days. Repairs must be in compliance with City Ordinance Section 13-22(G). Further,the owner,Hen holder or mortgagee shall secure the property in a reasonable manner from unauthorized entry while the work is being performed and work shall be commenced and performed in accordance with the time schedules established by the Board,to wit: The substandard building or structure is so damaged,decayed,dilapidated,unsanitary,unsafe,or vermin-infested that it creates a serious hazard to the health or safety of the occupants or the public,therefore it shall be ordered to be vacated within_days. The building or structure shall be placarded to prevent occupancy until the building or structure Is brought up to all minimum standards of this code within thirty(30)days. The substandard building or structure is so damaged,decayed,dilapidated,unsanitary,unsafe,or vermin-infested that it creates a serious hazard to the health or safety of the occupants or the public,therefore it shall be ordered to be vacated within_days. The building or structure shall be placarded to prevent occupancy until the building or structure is brought up to all minimum standards of this code within days. Work shall be commenced and performed In accordance with the time schedules established by the Board,to wit: / V The structure or premises cannot be repaired because of the refusal of owner or Its intrinsic state of disrepair or both and Is dilapidated or substandard,therefore,it shall be ordered removed or demolished by the owner,lien holder or mortgagee,within thirty(30)days. The structure or premises cannot be repaired because of the refusal of owner or its intrinsic state of disrepair or both and is dilapidated or substandard,therefore,It shall be ordered removed or demolished by the owner,lien holder or mortgagee,within_(31 days to 90 days)days. OR The Board finds that the owner,lien holder or mortgagee has submitted a detailed plan and time schedule for the work and the owner,lien holder or mortgagee has established that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work;therefore: The owner,lien holder or mortgagee is required to regularly submit progress reports to the Board to demonstrate compliance with the time schedules established for commencement and performance of the work,to wit: The owner,lien holder or mortgagee shall report monthly to the code enforcement office with progress reports. The above listed property,including structures or Improvements on the property,exceeds$100,000,in total value the owner,lien holder or mortgagee shall post a cash or surety bond in an amount adequate to cover the cost of repairing,removing or demolishing the building or structure not later than the 30th day from the date of this order. Clarissa Beltran FO: AGAINST Tim Honea a: AGAINST Lee R.Hassman a • AGAINST Craig S.Loving GAINST Matthew Ezell AGAINST Shane Tomo FOR/AGAINST Joel De la Garza .17 AGAINST Ordered this 196 day of November,2015. VAAA Signed under ority of the Board: Signed under the uthority of the Board: Date Filed. I)ia3P01-4 3:3o1904. Filed..City Secretary DATE TIME T-16"4/..tAlf—k Rebecca Huerta City Secretary -„ . 7- .-,,,- __ , _ •-, :*** --.•-- : ---- ( - c '•-..tf';:i.-..-.89.,,.- ' .. . 7. - -7:."-.• ''' ' ''' - '''''.:, . - • .e.'%PI..13,`-' : - .•. . •e .. - k k me ,-.. •f" 1110Y.., _,...•- - .0 .0' -,-` •st" , 94 1 6 ,,,, . ,,vor;..,,lasi.,:_wrirovii•Vrtistv....,y # ..ii, .-•': '''' • - .?LI titilr;44f .,4?- .4f&; .kg- , ',;_'' ,..1 4 ''‘. _,,,_ . t i:,„, .4iiin' k;.-••1"'' = ,f: . .:1,,-.',.! . , 'v ,.1.• ....4.' -------- -- 4#05',..10.0401#4:Mtliec- Ito 46' . . v. -'trAfelt ',, •;' -14 . litIV ••*.. ..:' • . . ' ''*i4ti 1 ' ' 1! !".. 1)•.''' ' , . .• 100 Pi' .; r . t -_ , . . ., . , . • -. 1 r 'i,._. '-: ' • --,,, ,.,-(-:,--'-, •:, . iit- 2,F1,-.,: - _........... 1..1).)..,;•-•4. 1C'',4,••••r ' 00) , e..., •'",el x;i-, ,r- . ."'----•.-----. ---- - - t ..1 4 E3.' '* '-'• ------ ; '- , - - ; 7_,...- ..t;.' trt c•st z. ..-., -.,-, *;.' .,,,-m s,-i_=.1, "."' r,. yi. .., 1.' . eiFagrf-5./.= ' .;° ---:t7:-= ',.-,•••S,..-;-*14'11'44-1-•,,-.1., ---)'t 11,11?ct,',';',„ •:. • t.„-'.-•--1 8-f-,t -.--. r., ?8 8 a; •.-. ; V jot iff - .. 0 -.:- 1 �✓ b' t' 1 • 1 ' • iv fr fv ..C,..!;, e1 4. 4P ���I�iiO���l�'�� 141i'll � z • Z a,4111.1 yobE voka. 'maw sae -- :Kam =Lloh: _. nin PASSED AND APPROVED this day of , 2016 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas of , 2016 Nelda Martinez Mayor The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Corpus Christi, Texas of , 2016 lit 'rj Code Enforcement Division '�'.`'''','\ 1' Y Police Department N� �'!tit1 i _1C 7a \\�`\aimm ,,, DATE November 19,2015 CERTIFIED LETTER#7014 0150 0002 3887 4967 OWNER:Oscar De Los Santos RE: 3769 Wilson ADDRESS:P.O. Box 266814 ADD' N:Saxet Hgts#2 CITY STATE ZIP-Houston, Texas 77207-6814 LOT: 6 BLOCK:5 The Building Standards Board met at 1:30 a.m., Thursday,November 19,2015 in the Council Chambers, 1201 Leopard, to hear matters concerning the substandard building(s) located at the above referenced property.A final order of the Board's decision made on that date is enclosed.The period of time allowed you to comply with the decision of the Board commences from the date of the enclosed order. The owner or occupant,or his/her duly authorized agent, may appeal the decision of this Board to the City Council.Such appeal must be perfected by filing a sworn notice of appeal with the City Secretary within thirty(30)days from the date of notice of the Board's written decision which is the date of this letter.This appeal must state specifically any error alleged to have been committed by the Board or that the decision of the Board would cause undue hardship and state the reasons for the hardship. Prior to the institution of any appeal in a court of law by an aggrieved person from a decision of the Board,appeal must first be perfected to the City Council. The decision of the City Council shall be final unless the aggrieved party appeals by instituting suit for that purpose in any court having jurisdiction within fifteen (15) days from the date on which the decision of the City Council was rendered. It may be necessary for you to obtain the proper permits before initiating demolition or repairs as required by the Board. A permit can be obtained at Development Services located at 2406 Leopard Street, Corpus Christi Texas. Please contact Code Enforcement Division located at 1201 Leopard Street prior to obtaining the permit(s). Please contact Diana T.Garza, Building Standards Board Liaison, if you have any questions regarding this matter. She can be reached at(361)826-3009. Sincerely, Diana T.Garza Building Standards Board Liaison Code Enforcement Division Attachment: Board Order Case number: 14-1150 P.O. Box 9277 Corpus Christi,Texas 78469-9277 • (361)826-3046 • http://www.cctexas.com/ Fr c�d7,3 ., o4`pU5 yR,, 6 T FINAL ORDER OF THE �` r.\ I! ,' BUILDING STANDARDS BOARD ;w.n �� f Case No. 14-1150 4.`, l Property Owner(s) RE:3769 Wilson OWNER:Oscar De Los Santos LOT:6 ADDRESS:P.O. Box 266814 BLOCK:5 CITY STATE ZIP-Houston, Texas 77207-6814 ADD'N:Saxet Hgts This final order is issued pursuant to the authority granted to the Building Standards Board("Board")of the City of Corpus Christi, ("City"), Nueces County,Texas in accordance with the Charter of the City,Chapter 13 of the City's Code of Ordinances("Code")and the Texas Local Government Code. On November 19,2015,the City of Corpus Christi Building and Standards Board held a public hearing and made the following findings regarding the building located at the above referenced property: 1. Pursuant to the provisions of Chapter 13 of the Code,on August 13,2014 an inspection for substandard conditions was made of the building(s)or structure(s)located within the City at the above referenced property; 2. On August 26,2014 a notice of violation(s)and request to correct the violation(s)was sent to the owner and all known interested parties. Additionally,on September 30,2015 and October 1,2015 notice of violation(s)was posted in the Corpus Christi Caller Times; 3. Thirty days elapsed since the notice of violation(s)was provided and such violation(s)were not cured; 4. Code Official,Diana T.Garza,filed a complaint with the Chairman regarding the above listed property on July 10,2015, and the public hearing was held not less than ten days and not more than 45 days after the complaint was filed; 5. Notice of the public hearing was sent to the owner and all known interested parties on November 6,2015,which was at least ten day prior to the public hearing. Additionally,on November 6,2015 and November 7,2015 notice of the public hearing was posted in the Corpus Christi Caller Times; 6. After considering the testimony and reviewing the documentation and information submitted by City Staff and after affording the owner and/or other interested parties the opportunity to address the Board and present testimony, documentation and information the Board finds the building located at the above referenced property is substandard and/or constitutes a nuisance. 7. The City of Corpus Christi will vacate,secure,remove,or demolish the building or relocate the occupants of the building if the action ordered below is not taken within the allotted time. The Board further finds: The substandard building shall be ordered secured by the owner, lien holder or mortgagee from unauthorized entry within 30 days. OR The substandard building or structure can reasonably be repaired by the owner,lien holder or mortgagee,so as to be in compliance with this code,therefore it shall be ordered repaired within thirty(30) days. Repairs must be in compliance with City Ordinance Section 13-22(G). — The substandard building or structure can reasonably be repaired by the owner,lien holder or mortgagee,so as to be in compliance with this code,therefore it shall be ordered repaired within (31 days to 90 days)days. Repairs must be in compliance with City Ordinance Section 13-22(G). Further,the owner,lien holder or mortgagee shall secure the property in a reasonable manner from unauthorized entry while the work is being performed and work shall be commenced and performed in accordance with the time schedules established by the Board,to wit: The substandard building or structure is so damaged,decayed,dilapidated,unsanitary,unsafe,or vermin infested that it creates a serious hazard to the health or safety of the occupants or the public,therefore it shall be ordered to be vacated within days. The building or structure shall be placarded to prevent occupancy until the building or structure is brought up to all minimum standards of this code within thirty(30)days. The substandard building or structure is so damaged,decayed,dilapidated,unsanitary,unsafe,or vermin-infested that it creates a serious hazard to the health or safety of the occupants or the public,therefore it shall be ordered to be vacated within—days. The building or structure shall be placarded to prevent occupancy until the building or structure is brought up to all minimum standards of this code within days. Work shall be commenced and performed in accordance with the time schedules established by the Board,to wit: JThe structure or premises cannot be repaired because of the refusal of owner or its intrinsic state of disrepair or both and is dilapidated or substandard,therefore,it shall be ordered removed or demolished by the owner,lien holder or mortgagee,within thirty(30)days. — The structure or premises cannot be repaired because of the refusal of owner or its intrinsic state of disrepair or both and is dilapidated or substandard,therefore,it shall be ordered removed or demolished by the owner,lien holder or mortgagee,within (31 days to 90 days)days. OR The Board finds that the owner,lien holder or mortgagee has submitted a detailed plan and time schedule for the work and the owner,lien holder or mortgagee has established that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work;therefore: The owner,lien holder or mortgagee is required to regularly submit progress reports to the Board to demonstrate compliance with the time schedules established for commencement and performance of the work,to wit: The owner,lien holder or mortgagee shall report monthly to the code enforcement office with progress reports. The above listed property,including structures or improvements on the property,exceeds$100,000, in total value the owner,lien holder or mortgagee shall post a cash or surety bond in an amount adequate to cover the cost of repairing,removing or demolishing the building or structure not later than the 30`h day from the date of this order. Clarissa Beltran FO: AGAINST Tim Honea f!p3AGAINST Lee R.Hassman 0:,AGAINST Craig S.Loving AGAINST Matthew Ezell ,a/AGAINST Shane Torno FOR/AGAINST Joel De la Garza iii /AGAINST Ordered this 19`h day of November,2015. VA".4- ___ Signed under a ority of the Board: Signed under the authority of the Board: Date Filed n f a31 avis 3:3oj,t. Filed. .City Secretary DATE TIME r/.&"4-c/..(A4-z, Rebecca Huerta City Secretary residMinutes Building Standards Board Council Chambers, City Hall November 19, 2015 @ 1:30 p.m. I. CALL TO ORDER The meeting was called to order by Matthew Ezell at 1:32 P.M.in the Council Chambers on the first floor of City Hall. II. ROLL CALL Board Members Present Craig S. Loving Tim Honea Matthew Ezell Lee R. Hassman Joel de la Garza Board Members Absent Clarissa Beltran Shane Torno Staff Present Tracey Cantu,Code Enforcement Administrator, Police Diana T. Garza, Code Compliance Officer/Liaison, Police Glenda Doner,Senior Account Clerk, Police Rachel Ramirez,Senior Account Clerk, Police Leila Drees,Senior Account Clerk, Police Yvette Aguilar,Assistant City Attorney III. MINUTES A motion was made by Craig Loving and seconded by Tim Honea to approve the minutes of the Regular Meeting of September 24, 2015.A roll call vote was taken and the motion passed. IV. STAFF REPORT Staff Report presented to the Board for discussion and information regarding cases for 2013 to present. V. PUBLIC COMMENT A motion was made by Matthew Ezell to open the floor for public comment.As there was no response, Matthew Ezell closed the public comment. VI. OLD BUSINESS Cases returning to the board from the regular meeting of September 24, 2015. 1. 5029 Williams Dr.,Demolition(53%)(Gardendale#2,Block 2 Lot 7) STAFF RECOMMENDATION: To require demolition due to the extent of deterioration APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: Gregorio Esparza,Alma Leticia Suazo Motion: A motion was made by Lee Hassman and seconded by Joel del la Garza to reject the staff recommendation and allow repair of the structure(s)according to Section 13-22 (H)(1)(a)of the Corpus Christi Property Maintenance Code in which the owner will be allowed ninety (90)days to obtain proper permits and complete the repair of the structure(s) located at 5029 Williams Dr.,residence(Gardendale#2,Block 2 Lot 7). If the repair is not started and completed as require,then the City is authorized to demolish.An addendum was added to require a detailed progress report of said repairs to be presented at the next regular meeting. A roll call vote was taken and passed unanimously. VII. NEW BUSINESS 1. 1629 Sherman St.,Demolition(55%)(Chula Vista,Block 4 Lot 37) STAFF RECOMMENDATION: To require demolition due to the extent of deterioration APPEARING IN FAVOR: Rebecca Garcia,Able Garcia, Rachel Z.Garcia APPEARING IN OPPOSITION: 0 Motion: A motion was made by Craig Loving and seconded by Joel de la Garza to amend the staff recommendation and require demolition of the structure(s)according to Section 13- 22(H)(1)(c)of the Corpus Christi Property Maintenance Code in which the owner will be allowed ninety(90)days to obtain proper permits and complete the demolition of the structure(s) located at 1629 Sherman St.,residence(Chula Vista,Block 4 Lot 37). If the demolition is not started and completed as required,then the City is authorized to demolish.A roll call vote was taken and passed unanimously. 2. 11125 Mayfield Dr.,Demolition(54%)(Mayfield,Block 2 Lot 5) STAFF RECOMMENDATION: To require demolition due to the extent of deterioration APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: Gerald Benadum Motion: A motion was made by Lee Hassman and seconded by Craig Loving to reject the staff recommendation and table 11125 Mayfield Dr.,residence(Mayfield,Block 2 Lot S)until the next regular meeting to allow time for a possible change in ownership and building repairs. A roll call vote was taken and passed unanimously. 3. 2526 Nogales St.,Demolition(57%)(Casa Blanca,Lot 15 Block 4) STAFF RECOMMENDATION: To require demolition due to the extent of deterioration APPEARING IN FAVOR: Lorraine Guzman APPEARING IN OPPOSITION: 0 Motion: A motion was made by Craig Loving and seconded by Tim Honea to accept the staff recommendation and require demolition of the structure(s)according to Section 13- 22(H)(1)(c)of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty(30)days to obtain proper permits and complete the demolition of the structure(s) located at 2526 Nogales St.,residence and accessory structure(Casa Blanca, Lot 15 Block4). If the demolition is not started and completed as required,then the City is authorized to demolish.A roll call vote was taken and passed unanimously. 4. 2314 Carolyn Dr.,Demolition(68%)(Cabaniss Acres,E/2 of Lot 7 Block 6) STAFF RECOMMENDATION: To require demolition due to the extent of deterioration APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: 0 Motion: A motion was made by Craig Loving and seconded by Tim Honea to accept the staff recommendation and require demolition of the structure(s)according to Section 13- 22(H)(1)(c)of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty(30)days to obtain proper permits and complete the demolition of the structure(s) located at 2314 Carolyn Dr.,residence(Cabaniss Acres,E/2 of Lot 7 Block 6). If the demolition is not started and completed as required,then the City is authorized to demolish.A roll call vote was taken and passed unanimously. 5. 5014 Cynthia St.,Demolition(58%)(Hilltop Village,Lot 35) STAFF RECOMMENDATION: To require demolition due to the extent of deterioration APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: 0 Motion: A motion was made by Craig Loving and seconded by Joel de la Garza to accept the staff recommendation and require demolition of the structure(s)according to Section 13- 22(H)(1)(c)of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty(30)days to obtain proper permits and complete the demolition of the structure(s) located at 5014 Cynthia St.,residence(Hilltop Village,Lot 35). If the demolition is not started and completed as required,then the City is authorized to demolish.A roll call vote was taken and passed unanimously. 6. 137 Havana St.,Demolition(52%)(Coronado,Block 15 Lot 4) STAFF RECOMMENDATION: To require demolition due to the extent of deterioration APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: 0 Motion: A motion was made by Lee Hassman and seconded by Joel de la Garza to accept the staff recommendation and require demolition of the structure(s)according to Section 13- 22(H)(1)(c)of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty(30)days to obtain proper permits and complete the demolition of the structure(s) located at 137 Havana St.,residence and accessory structure(Coronado,Block 15 Lot 4). If the demolition is not started and completed as required,then the City is authorized to demolish.A roll call vote was taken and passed unanimously. 7. 3626 Laguna Shores Rd.,Demolition(56%) (Laguna Vista Shores,Lots 19&20,Block 11 STAFF RECOMMENDATION: To require demolition due to the extent of deterioration APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: 0 Motion: A motion was made by Craig Loving and seconded by Lee Hassman to accept the staff recommendation and require demolition of the structure(s)according to Section 13- 22(H)(1)(c)of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty(30)days to obtain proper permits and complete the demolition of the structure(s) located at 3626 Laguna Shores Rd.,residence and accessory structure(Laguna Vista Shores,Lots 19&20,Block 11). If the demolition is not started and completed as required,then the City is authorized to demolish.A roll call vote was taken and passed unanimously. 8. 2922 Lois Dr.,Demolition(62%)(Georges Place,Lot 5 Block A) STAFF RECOMMENDATION: To require demolition due to the extent of deterioration APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: 0 Motion: A motion was made by Craig Loving and seconded by Tim Honea to accept the staff recommendation and require demolition of the structure(s)according to Section 13- 22(H)(1)(c)of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty(30)days to obtain proper permits and complete the demolition of the structure(s) located at 2922 Lois Dr.,residence(Georges Place,Lot 5 Block A). If the demolition is not started and completed as required,then the City is authorized to demolish.A roll call vote was taken and passed unanimously. 9. 826 N.Omaha Dr.,Demolition(55%)(Webb TR 54'x 167'out of TR N AKA Shipp TRs Unrec Less Por to ROW) STAFF RECOMMENDATION: To require demolition due to the extent of deterioration APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: 0 Motion: A motion was made by Craig Loving and seconded by Lee Hassman to accept the staff recommendation and require demolition of the structure(s)according to Section 13- 22(H)(1)(c)of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty(30)days to obtain proper permits and complete the demolition of the structure(s)located at 826 N. Omaha Dr.,residence(Webb TR 54'x 167'out of TR N AKA Shipp TRs Unrec Less Por to ROW). If the demolition is not started and completed as required,then the City is authorized to demolish.A roll call vote was taken and passed unanimously. 10. 2422 Widgeon Dr.,Demolition(57%) (Nueces Acres,2 Lots 20 C&D Block 1) STAFF RECOMMENDATION: To require demolition due to the extent of deterioration APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: 0 Motion: A motion was made by Craig Loving and seconded by Joel de la Garza to accept the staff recommendation and require demolition of the structure(s)according to Section 13- 22(H)(1)(c)of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty(30)days to obtain proper permits and complete the demolition of the structure(s) located at 2422 Widqeon Dr.,residence(Nueces Acres,2 Lots 20 C&D Block 1). If the demolition is not started and completed as required,then the City is authorized to demdlish.A roll call vote was taken and passed unanimously. 11. 3769 Wilson Dr.,Demolition(55%)(Saxet Hghts#2,Block 5 Lot 6) STAFF RECOMMENDATION: To require demolition due to the extent of deterioration APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: 0 Motion: A motion was made by Joel de la Garza and seconded by Craig Loving to accept the staff recommendation and require demolition of the structure(s)according to Section 13- 22(H)(1)(c)of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty(30)days to obtain proper permits and complete the demolition of the structure(s) located at 3769 Wilson Dr.,residence and accessory structure(Saxet Hghts#2, Block S Lot 6). If the demolition is not started and completed as required,then the City is authorized to demolish.A roll call vote was taken and passed unanimously. VIII. IDENTIFYING ITEMS FOR FUTURE AGENDA 5029 Williams Dr 11125 Mayfield IX. ADJOURNMENT A motion was made by Craig Loving and seconded by Lee Hassman to adjourn the hearing at 4:04 P.M.on November 19, 2015. Tracey K. Cantu Code Enforcement Administrator Note: For detailed information on testimony, refer to the tape retained on file in the Code Enforcement Division of the Corpus Christi Police Department. CASE TIMELINE FOR 3769 Wilson Activity Date Legal Requirement Legal Reference Code Enforcement Notified of 8/13/2014 Potential Violation n/a n/a Initial Inspection Completed 8/13/2014 When building,structure or premise CCPMC 104.2 thought to be substandard Notice of Violation Mailed to Last 8/26/2014 When there are reasonable grounds to C.O. 13-22(A) Known Addresses believe there is a violation &(D)(2) Notice of Violation Posted in 9/30/2015 & When owner is unknown,whereabouts C.O. 13-22(A) Newspaper 10/01/2015 unknown,or where service of notice has &(D)(3) failed (Published twice w/in a 10 day period) Returned Notice of Violation Posted at 9/26/2015 When notice is returned showing C.O. 13-22(A) Front Door of Property unclaimed or not delivered &(D)(4) Notice Received All mail returned Unclaimed n/a n/a Deadline to comply with Mailed Notice n/a 30 days from receipt of the notice C.O. 13- of Violation 22(A)(5) Deadline to comply with Newspaper 11/6/2015 When 30 days have elapsed from date of C.O. 13-22(B) Notice of Violation first publication Re-inspection 11/9/2015 Not less thans 30 days from receipt of the C.O. 13-22(B) notice or when 30 days have elapsed from date of first publication Complaint filed with BSB 11/6/2015 When owner refused to comply;when C.O. 13- not cured within 30 days from receipt of 22(6)(2) notice or any further agreed time;or when 30 days have elapsed from date of first publication BSB Hearing 11/19/2015 Not less than 10 days nor more than 45 C.O. 13-22(C) days after Complaint filed Notice of Hearing Mailed to Last 11/6/2015 At least 10 days prior to hearing C.O. 13-22(C) Known Address &(D)(2) Notice of Hearing Posted in Newspaper 11/6/2015& At least 10 days prior to hearing when C.O. 13-22(C) 11/7/2015 owner is unknown,whereabouts &(D)(3) unknown,or where service of notice has failed (Published twice w/in a 10 day period) Notice of Hearing Filed with County 11/6/2015 At least 10 days prior to hearing C.O. 13-22(C) Clerk &LGC 214.001(e) Returned Notice of Hearing Posted at 11/12/2015 When notice is returned showing C.O. 13-22(C) Front Door of Property unclaimed or not delivered &(D)(4) BSB Agenda Posted 11/13/2015 72 hours(3 days)before scheduled time Texas Govt. of hearing Code 551.043(a) Abatements at 3769 Wilson Dr. Date Paid Admin Fee Abatement Fee Total Owner Information 7/15/2013 $73.00 $55.00 $140.43 OSCAR DE LOS SANTOS 2/6/2014 $73.00 $150.43 $223.43 OSCAR DE LOS SANTOS 3/19/2014 $73.00 $90.00 $163.00 OSCAR DE LOS SANTOS 8/11/2014 $73.00 $150.43 $223.43 OSCAR DE LOS SANTOS 8/11/2014 $73.00 $150.43 $223.43 OSCAR DE LOS SANTOS 12/4/2015 $73.00 $150.43 $223.43 OSCAR DE LOS SANTOS 3/17/2016 $73.00 $55.00 $128.00 OSCAR DE LOS SANTOS 5/18/2016 $73.00 $150.43 $223.43 OSCAR DE LOS SANTOS TOTAL $1,548.58 Abatements at 3769 Wilson Dr. w • y` It s �F4 r��- j a s A•i',..".. ti ,yr. 1 , -- ,,,- ..ir _ ,Es .4. 4 4:Ab litilli. lit { , g*"-t: i 1 ilhei i ..,opt, '-dirr , ,,-,,i,r;,' ,,.,_ 0 -.4,„,,Ator „„ ,- ..* _ . . - „, ‘ A 4 'm 9 -7- S n 4.4 z • rn 'it }s /cr`s i x i J t \ I ,.•�r ,jyg, 1�,,• ( r- ...T I � - J.S ,-..,+'-- •,- 4r A ,, ` { �_,tjZ • Y - ,9F, ;' A y' { +'F _ -'fit . 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Y,`. f J 7 ar,a. i 1' ‘+ it l'-',, ` . .f Pt ' ,,� qtr( °f J' it yy« "11i� ��r yr'�'t-- ..71 / 1/4444%).%S.116.4***/)***\01 , ; } r a r +'^ j / I/ ',� •t,=yl. ''tiy 1 - �{ �! .:„sem ! rt' +.. •` # � _�` lei : / /` -,,,,,,„6...„- 1 . 3• ````� '�`y- / ,` ite'''' --'-c / 4 j, '+ 4. . I,, / el t Y cri. ,... 7\t, ,.. ..,,,_ . 0....... , F., ......—r iX A ....-; :? i ---,4 i / i ,/ / -7'''''' , N._..-....„ ...,,,,, y / P {,f } {, j� k f i I s L t t` i *w � } 1f k' r +'";, '!�.. `�'"'ti.(Y_ f ii '�,4+� - "C� / I s j '`y. ffr {/ {i^-4 ,.._ dt Yj! / I''''.. 1: '-',C I S' ft -.2-... / ;f i`• f i + ,�. / 1....../. f ,r`r^+.,_ '`a( l 7r r ft �4p').-v ''''''',/ i i '{ y '~�. / ,� t `1 SIL/ ,f /l f I ' " 1 i / Dec 21 2015 05:11 PM WGA District 7136498268 page 2 RECEIVED DEC 2 1 2015 COY SECRETARY'S OFFICE December 18,2015 Oscar De Los Santos (Home Address) 9322 Colt Canyon Lane Houston,TX 77089 (Mailing Address) PO Box 266814 Houston,TX 77207-6814 832-387-1436 Phone 832-201-7809 Fax City Of Corpus Christi City Secretary 1201 Leopard St. Corpus Christi TX,78401 RE:Property located at 3769 Wilson Drive,Corpus Christi,TX 78408 Please let this letter serve as my notice of appeal concerning the Building Standards Board and the Board of the City Council's decision to demolish the building(s)located at 3769 Wilson Drive on November 19,2015.The decision of the Board will cause undue hardship due to the cost associated with the demolition and the extent of the loss of all investment and future earnings from the property. I was In contact with Diana T.Garza with the Buildings Standard Board and I had agreed to begin the process of renovating the main structure and demolishing the attached garage which was damaged beyond repair by a fallen tree. Please consider this appeal and allow me to present a plan to renovate and bring the property back up to code. Tha u for your time and consideration. Oscar De Los Santos o.S CJJ 0 Sir ,71��yy., "/ 18z,2 NOTICE OF CITY COUNCIL MEETING: BUILDING STANDARDS BOARD APPEAL—JULY 26, 2016 AT 11:30 A.M. RE: 3769 WILSON DR LEGAL DESCRIPTION: SAXET HGTS #2 BLK 5 LOT 6 OWNER: OSCAR DE LOS SANTOS PO BOX 266814 HOUSTON TX 77027 CERTIFIED MAIL RETURN RECEIPT REQUESTED#7015 3430 0000 0818 9799 Notice is hereby given that the City of Corpus Christi City Council the Building Standards Board Appeal regarding the above listed property on JULY 26, 2016 in the COUNCIL CHAMBERS located at CITY HALL, 1201 LEOPARD, CORPUS CHRISTI, TEXAS 78401. Please be advised you must be available for the duration of the City Council Meeting as the "Appeal" may heard at any time during the regularly scheduled meeting. NOTICE TO PERSON LISTED ABOVE AS OWNER: According to the real property records of Nueces County, you own the real property described in this notice. If you no longer own the property, you must execute an affidavit stating that you no longer own the property and stating the name and last known address of the person who acquired the property from you. The affidavit must be delivered in person or by certified mail, return receipt requested, to this office not later than the 10th day after the date you receive this notice. If you do not send the affidavit, it will be presumed that you own the property described in this notice, even if you do not. When an appeal is pending, all orders of the board shall be suspended in their operation. The city council, on appeal, may vary the application of any provision of this code to any particular case when the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this code, the Corpus Christi Property Maintenance Code or public interest or when, in its opinion, the decision of the board should be modified or reversed. (1) A decision of the city council to vary the application of any provision of this code or the Corpus Christi Property Maintenance Code, or to modify an order of the board in whole or in part shall specify in what manner such modification is made, the conditions upon which it Is made and the reasons therefor. (2) If the decision of the city council reverses or modifies the refusal, order, or disallowance of the board or varies the application of any provision of this code, or the Corpus Christi Property Maintenance Code, the code official shall immediately take action in accordance with such decision. (c) The decision of the city council shall be final unless the aggrieved party appeals by instituting suit for that purpose in any court having jurisdiction within 15 days from the date on which the decision of the city council was rendered. You will have the opportunity to comment regarding the property during the appeal proceedings. If you have any questions regarding this matter, please contact Tracey K. Cantu at (361) 826-3170. Sincerely, 77 ti� Www'q Tracey K. Cant bj Zoning & Code Enforcement Administrator Corpus Christi Police Department Code Enforcement Division Attachments: Affidavit of Non-Ownership STATE OF TEXAS COUNTYOF NUECES SWORN AND SUBSCRIBED BEFORE ME BY TRACEY K. CANTU, A CREDIBLE PERSON. THIS rte a DAY OF 5., Q„�, , 2016. _' NOTARY PUBLIC, STATE OF TEXAS GLE110A:MUTE In`%!Cicry Pu,-,1;,:,Scts-::�Taut. .1 Nc.-47_,.r!'.i')tir 26.•2O / � r+ .44 • .c„ Oil,] �? v ; AGENDA MEMORANDUM ,vc„.,.pgoo Building Standards Board Hearing Appeal - July 26, 2016 1852 DATE: July 12, 2016 TO: Margie C. Rose, City Manager FROM: Anthony Sanders, Captain - Neighborhood Services/K9, Police Department (AnthonyS@cctexas.com) (361.826.2691) Tracey K. Cantu, Administrator— Code Enforcement Division, Police Department (TraceyC@cctexas.com) (361.826.3170) Building Standards Board Hearing Appeal for 4501 Mokry Drive CAPTION: Consideration of an appeal filed by Beatrice Rodriguez of the Building Standards Board's decision to require demolition of the residential and accessory structures on property located at 4501 Mokry Drive. PURPOSE: Ms. Beatrice Rodriguez has requested the City Council hear and consider an appeal of a decision of the Building Standards Board regarding property located at 4501 Mokry Drive. BACKGROUND AND FINDINGS: On Thursday, March 31, 2016 due to the substandard and dilapidated condition of the residential and accessory structures at 4501 Mokry Drive, a hazard to the health, safety, and welfare of the public is henceforth declared. The Building Standards Board ordered the structures at 4501 Mokry Drive to be removed or demolished by owner, lien holder or mortgagee within thirty (30) days. If demolition is not started and completed as required, then the City be authorized to demolish. Per Section 13-24 of the Code, an owner or occupant may appeal a decision of the board to the city council. Beatrice Rodriguez submitted a notice of appeal in writing on April 11, 2016 and received on April 12. 2016, within 30 days of the board's decision. The City Charter, Article VI, Section 2 states that appeals shall be perfected by filing a sworn notice of appeal with the city secretary within thirty(30) days from the date of the decision. In addition,Section 13-24(b), of the Code states that all orders of the Board regarding this property are to be suspended pending a decision on this matter by the City Council. During an appeal, the City Council acts in a quasi-judicial capacity to determine the facts and to determine whether the structure requires demolition. After hearing presentations from staff and from the appellant, the Council can decide to deny the appeal (uphold the Building Standards Board order) or to sustain the appeal (reversing the Board's order in whole or in part). Under Section 13-24(b), the Council may vary the application of any provision of Chapter 13 of the City Code when the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this Code,the Corpus Christi Property Maintenance Code or public interest or when, in its opinion, the decision of the board should be modified or reversed. A decision of the city council to vary the application of any provision of this Code or the Corpus Christi Property Maintenance Code, or to modify an order of the board in whole or in part shall specify in what manner such modification is made, the conditions upon which it is made and the reasons therefore. The decision of the city council shall be final unless the aggrieved party appeals by instituting suit for that purpose in any court having jurisdiction within fifteen (15) days from the date on which the decision of the city council was rendered. OTHER CONSIDERATIONS: Not applicable EMERGENCY/NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Building Standards Board —Code Enforcement, Police Department Legal Department FINANCIAL IMPACT: o Operating o Revenue o Capital X Not applicable RECOMMENDATION: Deny the appeal by approving the proposed resolution (uphold the Building Standards Board order to demolish the property located at 3769 Wilson Drive within 30 days.) LIST OF SUPPORTING DOCUMENTS: 1. Resolution -Affirming the Building Standards Board order to demolish the property located at 4501 Mokry within 30 days. 2. Final Order of the Building Standards Board Case No. 62240-100515 3. Minutes of Building Standards Board Meeting March 31, 2016 4. Case Timeline for 4501 Mokry Drive 5. Evidence Photos 6. 4501 Mokry Drive Map &Aerial Photo 7. Notice of Appeal — Beatrice Rodriguez 8. Notice of City Council Meeting - Building Standards Board Appeal 9. Abatement - 4501 Mokry 10. Abatement Photos 9-5-15 & 10-15-15 11. Exterior Condition 6-24-16 & 7-8-16 Resolution denying Beatrice Rodriguez appeal, thereby upholding the Building Standards Board order to demolish the buildings and structures on the property located at 4501 Mokry Drive. Whereas, the Building Standards Board (the "Board") held a public hearing on March 31, 2016, at 1:30pm regarding property located at 4501 Mokry Drive and after making certain findings ordered the structure or premises be removed or demolished by the owner, lien holder or mortgagee, within thirty(30)days pursuant to the attached Final Order of the Building Standards Board Case No. 62240-110515; and Whereas,the owner of 4501 Mokry Drive (the "Appellant")filed a written notice of appeal of the Board's order with the City Secretary's Office on April 12, 2016, in accordance with Section 13-24(a)City of Corpus Christi Code of Ordinances(the"Code") and Article VI, Section 2 of the City Charter(the "Charter"); and Whereas, Section 13-24(a) of the Code and Article VI, Section 2 of the Charter authorize the City Council to hear Appeals of the Board's decision; therefore this Council properly has jurisdiction of this appeal; and Whereas,after hearing the evidence,the City Council makes the following findings related to the property located at 4501 Mokry Drive: 1. The Code Enforcement division of the Police Department complied with the procedural requirements for eliminating substandard conditions pursuant to Section 13-22 of the Code; and 2. The Board held a public hearing on March 31, 2016, at 1:30pm. The owner did not appear, and no authorized representatives appeared on behalf of the owner. After considering the testimony and reviewing the documentation and information submitted by City staff and after affording the owner and/or other interested parties the opportunity to address the Board and present testimony, documentation and information, the Board found that the structure or premises could not be repaired because of the refusal of the owner or its intrinsic state of disrepair or both and is dilapidated or substandard and ordered ordered removal or demolition by the owner, lienholder or mortgagee, within 30 days; and 3. The walking surface of an aisle, passageway, stairway, exit or other means of egress of the buildings and structures is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress and therefore are considered dangerous and deemed substandard pursuant to section 108.1.5 of the CCPMC; and 4. Portions of the buildings and structures have been damaged by fire, deterioration, neglect, abandonment, and vandalism and therefore are considered dangerous and deemed substandard pursuant to section 108.1.5 of the Corpus Christi Property Maintenance Code(the "CCPMC"); and 5. The buildings and structures are clearly unsafe for its use and occupancy and therefore are considered dangerous and deemed substandard pursuant to section 108.1.5 of the CCPMC; and 6. The buildings and structures are neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structures to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building and structure for committing a nuisance or an unlawful act and therefore are considered dangerous and deemed substandard pursuant to section 108.1.5 of the CCPMC; and 7. The photos attached of 4501 Mokry Drive further support the finding that the buildings and structures are dangerous and substandard; and 8. Pursuant to Section 101.3 of the CCPMC the spirit and purpose of the Code is to ensure public health, safety and welfare of the residents of this City insofar as they are affected by the continued occupancy and maintenance of structures and premises; and 9. The Appellant does not reside at 4501 Mokry Drive; and 10. The Appellant has not alleged or establish that an error was committed by the Board; and 11.The Appellant has failed to establish that the Board's decision would have caused undue hardship. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The Council declares the recitals in the above paragraphs are true and correct. Section 2. The Appellant's appeal is hereby denied. Section 3. The Board's attached order requiring the owner, lien holder or mortgagee to demolish the buildings and structures on the property located at 4501 Mokry Drive is upheld. Section 4. Not applicable unless amendment is made to specifically adopt in place of the aforementioned Sections 2 and 3: The Board's attached Order is modified as follows: -10') ,^p U 5 ryR FINAL ORDER OF THE =; BUILDING STANDARDS BOARD Case No. 62240-110515 Property Owner(s) RE:4501 Mokry OWNER:Beatrice A.Rodriguez LOT:1 ADDRESS: 4501 Mokry BLOCK:2 CITY STATE ZIP-Corpus Christi, Texas 78415 ADD'N:Central Park This final order is issued pursuant to the authority granted to the Building Standards Board("Board")of the City of Corpus Christi, ("City"),Nueces County,Texas in accordance with the Charter of the City,Chapter 13 of the City's Code of Ordinances("Code")and the Texas Local Government Code. On March 31,2016,the City of Corpus Christi Building and Standards Board held a public hearing and made the following findings regarding the building located at the above referenced property: ' 1. Pursuant to the provisions of Chapter 13 of the Code,on November 5,2015 an inspection for substandard conditions was made of the building(s)or structure(s)located within the City at the above referenced property; 2. On November 5,2015 a notice of violation(s)and request to correct the violation(s)was sent to the owner and all known interested parties. Additionally,on February 5,2016 and February 6,2016 notice of violation(s)was posted in the Corpus Christi Caller Times; 3. Thirty days elapsed since the notice of violation(s)was provided and such violation(s)were not cured; 4. Code Official,Diana T.Garza,filed a complaint with the Chairman regarding the above listed property on March 14, 2016,and the public hearing was held not less than ten days and not more than 45 days after the complaint was filed; 5. Notice of the public hearing was sent to the owner and all known interested parties on March 14,2016,which was at least ten day prior to the public hearing. Additionally,on March 14,2016 and March 15,2016 notice of the public hearing was posted in the Corpus Christi Caller Times; 6. After considering the testimony and reviewing the documentation and information submitted by City Staff and after affording the owner and/or other interested parties the opportunity to address the Board and present testimony, documentation and information the Board finds the building located at the above referenced property is substandard and/or constitutes a nuisance. 7. The City of Corpus Christi will vacate,secure,remove,or demolish the building or relocate the occupants of the building if the action ordered below is not taken within the allotted time. 8. In the event there are items of personal property in the premises to be demolished,the owner is ordered to remove personal property from the premises within 30 days. If such items of personal are not removed from the premises within 30 days,they shall be placed in storage for a period of 90 days. During this period they may be redeemed by the owner after all costs Incurred in placing the items in storage and all accumulated storage fees have been paid. In the event the property is not redeemed within 90 days the City may cause the same to be sold at auction. The proceeds of the sale shall be used to pay for any costs incurred in the storage of the property and any excess amount shall be set off against the cost of demolition to be charged to the owner. The Board further finds: The substandard building shall be ordered secured by the owner,lien holder or mortgagee from unauthorized entry within 30 days. OR The substandard building or structure can reasonably be repaired by the owner,lien holder or mortgagee,so as to be in compliance with this code,therefore it shall be ordered repaired within thirty(30)days. Repairs must be in compliance with City Ordinance Section 13-22(G). The substandard building or structure can reasonably be repaired by the owner,lien holder or mortgagee,so as to be in compliance with this code,therefore it shall be ordered repaired within_(31 days to 90 days)days. Repairs must be in compliance with City Ordinance Section 13-22(G). Further,the owner,lien holder or mortgagee shall secure the property in a reasonable manner from unauthorized entry while the work is being performed and work shall be commenced and performed in accordance with the time schedules established by the Board,to wit: The substandard building or structure is so damaged,decayed,dilapidated,unsanitary,unsafe,or vermin-infested that it creates a serious hazard to the health or safety of the occupants or the public,therefore it shall be ordered to be vacated within days. The building or structure shall be placarded to prevent occupancy until the building or structure is brought up to all minimum standards of this code within thirty(30)days. The substandard building or structure is so damaged,decayed,dilapidated,unsanitary,unsafe,or vermin infested that it creates a serious hazard to the health or safety of the occupants or the public,therefore it shall be ordered to be vacated within_days. The building or structure shall be placarded to prevent occupancy until the building or structure is brought up to all minimum standards of this code within_days. Work shall be commenced and -/ performed in accordance with the time schedules established by the Board,to wit: V The structure or premises cannot be repaired because of the refusal of owner or its Intrinsic state of disrepair or both and is dilapidated or substandard,therefore,it shall be ordered removed or demolished by the owner,lien holder or mortgagee,within thirty(30)days. — The structure or premises cannot be repaired because of the refusal of owner or its intrinsic state of disrepair or both and is dilapidated or substandard,therefore,it shall be ordered removed or demolished by the owner,lien holder or mortgagee,within_(31 days to 90 days)days. OR The Board finds that the owner,lien holder or mortgagee has submitted a detailed plan and time schedule for the work and the owner,lien holder or mortgagee has established that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work;therefore: The owner,lien holder or mortgagee is required to regularly submit progress reports to the Board to demonstrate compliance with the time schedules established for commencement and performance of the work,to wit: The owner,lien holder or mortgagee shall report monthly to the code enforcement office with progress reports. — The above listed property,including structures or improvements on the property,exceeds$100,000,in total value — the owner,lien holder or mortgagee shall post a cash or surety bond in an amount adequate to cover the cost of repairing,removing or demolishing the building or structure not later than the 30th day from the date of this order. Joel De La Garza FOR/AGAINST Tim Honea FOR/AGAINST Lee R.Hassman FOR/AGAINST Craig S.Loving FOR/AGAINST Matthew Ezell FOR/AGAINST Dante C.Miller FOR/AGAINST Ord r.. this 311`•ay of March,2016. Date Filed. ' / /1' Ili �. Li I A Signed under authtii o • e Board: Signed and a authority of the Board: Chairperson Vice-Chairperson Rebecca Huerta Filed..City Secretary DATE TIME City Secretary t,r -- •-.A.- 4 .4,- •--,_ ..-. , ,,,‘ ,--,-,• .--. ' •,.5Y-i-st, -, ' •,_ ; ', -q!-i , , ..-..,- „. • ' : , Fii,-,..' • ' t , , . ,., , ..„...... ., . c‘.. ........ .,._..„,_. . ,, J„. .. ._. , ., , , ../..• ..v.,,,, - ... Vk' - ‘1:‘ f:'10%-'—'P'.:4E,BOD1115% . ,', • ,:'. .0t*'1'.:-. -';'r .: it; ,,-,' '-.,. .• -, I. , " .,.-,4--.,•.;.:.;;ilimr'" ...e.ar.ilar- - •:,....`,,,,f--;-t-.--(".•••• , .. . t ..,,r - - • • -t..- -- .;".. f 4 - ,r,,. --f-,•I 1,-r,,,, 0, '.' , r.".'r• .7, 4.r ,, . ,.. 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ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi, Texas of , 2016 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Corpus Christi, Texas of , 2016 OA'Ug 1/4Gs,\ Code Enforcement Division jl Police Department DATE: March 31,2016 CERTIFIED LETTER#7010 1870 0002 1900 9461 OWNER; Beatrice A. Rodriguez RE:4501 Mokry ADDRESS: 4501 Mokry ADD' N:Central Park CITY STATE ZIP: Corpus Christi, Texas 78415 LOT: 1 BLOCK: 2 The Building Standards Board met at 1:30 p.m.,Thursday,March 31,2016 in the Council Chambers, 1201 Leopard, to hear matters concerning the substandard building(s) located at the above referenced property.A final order of the Board's decision made on that date is enclosed.The period of time allowed you to comply with the decision of the Board commences from the date of the enclosed order. The owner or occupant, or his/her duly authorized agent, may appeal the decision of this Board to the City Council.Such appeal must be perfected by filing a sworn notice of appeal with the City Secretary within thirty(30) days from the date of notice of the Board's written decision which is the date of this letter.This appeal must state specifically any error alleged to have been committed by the Board or that the decision of the Board would cause undue hardship and state the reasons for the hardship. Prior to the institution of any appeal in a court of law by an aggrieved person from a decision of the Board, appeal must first be perfected to the City Council. The decision of the City Council shall be final unless the aggrieved party appeals by instituting suit for that purpose in any court having jurisdiction within fifteen (15) days from the date on which the decision of the City Council was rendered. It may be necessary for you to obtain the proper permits before initiating demolition or repairs as required by the Board. A permit can be obtained at Development Services located at 2406 Leopard Street, Corpus Christi Texas. Please contact Code Enforcement Division located at 1201 Leopard Street prior to obtaining the permit(s). Please contact Diana T.Garza, Building Standards Board Liaison, if you have any questions regarding this matter. She can be reached at(361)826-3009. Sincerely, Diana T. Garza Building Standards Board Liaison Code Enforcement Division Attachment: Board Order Case number:62240-110515 P.O. Box 9277 Corpus Christi,Texas 78469-9277 • (361)826-3046 • http://www.cctexas.com/ „�.l;�'} Rous c� ffr< `� '�. FINAL ORDER OF THE R"J,-' " ,� - ;.,;” BUILDING STANDARDS BOARD 1 'Ilir Case No. 62240-110515 -t--;2 Property Owner(s) RE:4501 Mokry OWNER:Beatrice A.Rodriguez LOT:1 ADDRESS: 4501 Mokry BLOCK:2 CITY STATE ZIP-Corpus Christi, Texas 78415 ADD'N:Central Park This final order is issued pursuant to the authority granted to the Building Standards Board("Board")of the City of Corpus Christi, ("City"),Nueces County,Texas in accordance with the Charter of the City,Chapter 13 of the City's Code of Ordinances("Code")and the Texas Local Government Code. On March 31,2016,the City of Corpus Christi Building and Standards Board held a public hearing and made the following findings regarding the building located at the above referenced property: 1. Pursuant to the provisions of Chapter 13 of the Code,on November 5,2015 an inspection for substandard conditions was made of the building(s)or structure(s)located within the City at the above referenced property; 2. On November 5,2015 a notice of violation(s)and request to correct the violation(s)was sent to the owner and all known interested parties. Additionally,on February 5,2016 and February 6,2016 notice of violation(s)was posted in the Corpus Christi Caller Times; 3. Thirty days elapsed since the notice of violation(s)was provided and such violation(s)were not cured; 4. Code Official,Diana T.Garza,filed a complaint with the Chairman regarding the above listed property on March 14, 2016,and the public hearing was held not less than ten days and not more than 45 days after the complaint was filed; 5. Notice of the public hearing was sent to the owner and all known interested parties on March 14,2016,which was at least ten day prior to the public hearing. Additionally,on March 14,2016 and March 15,2016 notice of the public hearing was posted in the Corpus Christi Caller Times; 6. After considering the testimony and reviewing the documentation and information submitted by City Staff and after affording the owner and/or other interested parties the opportunity to address the Board and present testimony, documentation and information the Board finds the building located at the above referenced property is substandard and/or constitutes a nuisance. 7. The City of Corpus Christi will vacate,secure,remove,or demolish the building or relocate the occupants of the building if the action ordered below is not taken within the allotted time. 8. In the event there are items of personal property in the premises to be demolished,the owner is ordered to remove personal property from the premises within 30 days. If such items of personal are not removed from the premises within 30 days,they shall be placed in storage for a period of 90 days. During this period they may be redeemed by the owner after all costs incurred in placing the items in storage and all accumulated storage fees have been paid. In the event the property is not redeemed within 90 days the City may cause the same to be sold at auction. The proceeds of the sale shall be used to pay for any costs incurred in the storage of the property and any excess amount shall be set off against the cost of demolition to be charged to the owner. The Board further finds: The substandard building shall be ordered secured by the owner,lien holder or mortgagee from unauthorized — entry within 30 days. OR The substandard building or structure can reasonably be repaired by the owner,lien holder or mortgagee,so as to be in compliance with this code,therefore it shall be ordered repaired within thirty(30)days. Repairs must be in compliance with City Ordinance Section 13-22(G). The substandard building or structure can reasonably be repaired by the owner,lien holder or mortgagee,so as to be in compliance with this code,therefore it shall be ordered repaired within_(31 days to 90 days)days. Repairs must be in compliance with City Ordinance Section 13-22(G). Further,the owner,lien holder or mortgagee shall secure the property in a reasonable manner from unauthorized entry while the work is being performed and work shall be commenced and performed in accordance with the time schedules established by the Board,to wit: — The substandard building or structure is so damaged,decayed,dilapidated,unsanitary,unsafe,or vermin-infested that it creates a serious hazard to the health or safety of the occupants or the public,therefore it shall be ordered to be vacated within days. The building or structure shall be placarded to prevent occupancy until the building or structure is brought up to all minimum standards of this code within thirty(30)days. The substandard building or structure is so damaged,decayed,dilapidated,unsanitary,unsafe,or vermin-infested that it creates a serious hazard to the health or safety of the occupants or the public,therefore it shall be ordered to be vacated within_days. The building or structure shall be placarded to prevent occupancy until the building or structure is brought up to all minimum standards of this code within_days. Work shall be commenced and / performed in accordance with the time schedules established by the Board,to wit: V The structure or premises cannot be repaired because of the refusal of owner or its intrinsic state of disrepair or both and is dilapidated or substandard,therefore,it shall be ordered removed or demolished by the owner, lien holder or mortgagee,within thirty(30)days. The structure or premises cannot be repaired because of the refusal of owner or its intrinsic state of disrepair or both and is dilapidated or substandard,therefore,it shall be ordered removed or demolished by the owner,lien holder or mortgagee,within (31 days to 90 days)days. OR The Board finds that the owner,lien holder or mortgagee has submitted a detailed plan and time schedule for the work and the owner,lien holder or mortgagee has established that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work;therefore: __ The owner,lien holder or mortgagee is required to regularly submit progress reports to the Board to demonstrate compliance with the time schedules established for commencement and performance of the work,to wit: — The owner, lien holder or mortgagee shall report monthly to the code enforcement office with progress reports. — The above listed property,including structures or improvements on the property,exceeds$100,000,in total value the owner,lien holder or mortgagee shall post a cash or surety bond in an amount adequate to cover the cost of repairing,removing or demolishing the building or structure not later than the 30th day from the date of this order. Joel De La Garza FOR/AGAINST Tim Honea FOR/AGAINST Lee R.Hassman FOR/AGAINST Craig S.Loving FOR/AGAINST Matthew Ezell FOR/AGAINST Dante C.Miller FOR/AGAINST Ord:r•• this 31St•ay of March,2016. Date Filed. 4l(QJ 1(, g;riw'' Signed under auth o he Board: 'jl Signed under the authority of the Board: Chairperson 1� Vice-Chairperson Rebecca Huerta Filed..City Secretary DATE TIME City Secretary Minutes Building Standards Board Council Chambers, City Hall March 31, 2016 @ 1:30 p.m. CALL TO ORDER The meeting was called to order by Michael Ezell at 1:38 P.M.in the Council Chambers on the first floor of City Hall. I I. ROLL CALL Board Members Present Joel De La Garza Matthew Ezell Lee R. Hassman Craig S. Loving Tim Honea Dante C. Miller Staff Present Tracey Cantu,Code Enforcement Administrator, Police Diana T.Garza,Code Compliance Officer/Liaison,Police Glenda Doner,Senior Account Clerk,Police Rachel Ramirez,Senior Account Clerk, Police Yvette Aguilar,Assistant City Attorney III. Board Members Absent No Members absent at this meeting IV. MINUTES A motion was made by Craig S. Loving and seconded by Lee R. Hassman to approve the minutes of the Regular Meeting of January 28,2016.A roll call vote was taken and the motion passed unanimously. V. STAFF REPORT Staff Report presented to the Board for discussion and information regarding cases for 2015 to present. VI. PUBLIC COMMENT A motion was made by Matthew Ezell to open the floor for public comment.As there was no response,Matthew Ezell closed the public comment. VII. NEW BUSINESS 1. 3041 EISENHOWER ST.,Demolition(51%)&Accessory(55%)(LA ARBOLEDA LTS 5&6 BK 1) STAFF RECOMMENDATION: To require demolition due to the extent of deterioration APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: Alejandra Rodriguez Motion: A motion was made by Lee R. Hassman and seconded by Craig S. Loving to reject the staff recommendation and to have this case removed from the hearing due to the recent change of ownership.A roll call vote was taken and passed unanimously. 2. 2910 AGRITO ST.,Demolition(56%)&Accessory(55%)(LEARY BLK 5 LOT 5) STAFF RECOMMENDATION: To require demolition due to the extent of deterioration APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: 0 Motion: A motion was made by Joel De La Garza and seconded by Dante C. Miller to accept the staff recommendation and require demolition of the structure(s)according to Section 13-22(H)(1)(c)of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty(30)days to obtain proper permits and complete the demolition of the structure(s) located at 2910 Agrito Street(LEARY BLK 5 LOT 5). If the demolition is not started and completed as required,then the City is authorized to demolish.A roll call vote was taken and passed unanimously. 3. 2818 Elgin St.,Demolition(55%)(EL REY ADD LT 10 BK 4) STAFF RECOMMENDATION: To require demolition due to the extent of deterioration APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: 0 Motion: A motion was made by Craig S. Loving and seconded by Joel De La Garza to accept the staff recommendation and require demolition of the structure(s)according to Section 13-22(H)(1)(c)of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty(30)days to obtain proper permits and complete the demolition of the structure(s)located at 2818 Etgin St.,(EL REYADD LT 10 BK 4)). If the demolition is not started and completed as required,then the City is authorized to demolish.A roll call vote was taken and passed unanimously. 4. 2710 Elizabeth Street,Repairs(48%)&Accessory(43%)(BALDWIN PARK BLK 7 LOT 31) STAFF RECOMMENDATION: To make Repairs to the residence APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: 0 Motion: A motion was made by Lee R. Hassman and seconded by Joel De La Garza to accept the staff recommendation and require repair of the structure(s)according to Section 13- 22(H) (1) (a)of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty(30)days to obtain proper permits and complete the repairs of the structure(s) located at 2710 Elizabeth Street, (BALDWIN PARK BLK 7 LOT 31). If the repairs are not started and completed as required,then the City is authorized to demolish.A roll call vote was taken and passed unanimously. 5. 917 Lolita St.,Demolition(59%)(LAGUNA ACRES W/2 OF LT 14 BK 5) STAFF RECOMMENDATION: To require demolition due to the extent of deterioration APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: 0 Motion: A motion was made by Craig S. Loving and seconded by Joel De La Garza to accept the staff recommendation and require demolition of the structure(s)according to Section 13-22(H)(1)(c)of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty(30)days to obtain proper permits and complete the demolition of the structure(s)located at 927 Lolita St.,(LAGUNA ACRES W/2 OF LT 14 8K 5). If the demolition is not started and completed as required,then the City is authorized to demolish.A roll call vote was taken and passed unanimously. 6. 2825 Lamar St.,Demolition(54%)(HIGH TERRACE BLK 4 LOT 32) STAFF RECOMMENDATION: To require demolition due to the extent of deterioration APPEARING IN FAVOR: Belinda Escobar APPEARING IN OPPOSITION: 0 Motion: A motion was made by Craig S. Loving and seconded by Dante C. Miller to accept the staff recommendation and require demolition of the structure(s)according to Section 13-22(H)(1) (c)of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty(30)days to obtain proper permits and complete the demolition of the structure(s)located at 2825 Lamar St., (HIGH TERRACE BLK 4 LOT 32). If the demolition is not started and completed as required,then the City is authorized to demolish.A roll call vote was taken and passed unanimously. 7. 1317 ESPINOSA ST.,Demolition(55%)&Accessory(52%)(LA GLORIA BLK 1 LOT 5) STAFF RECOMMENDATION: To require demolition due to the extent of deterioration APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: 0 Motion: A motion was made by Lee R. Hassman and seconded by Craig S. Loving to reject the staff recommendation to require demolition of the structure(s) located at 1317 ESPINOSA ST.,(LA GLORIA BLK1 LOT 5).This case has been tabled until the next hearing due to having a potential buyer.A roll call vote was taken and passed unanimously. 8. 4501 Mokry Dr.,Demolition(54%)&Accessory(51%)(CENTRAL PARK BLK 2 LOT 1) STAFF RECOMMENDATION: To require demolition due to the extent of deterioration APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: 0 Motion: A motion was made by Craig S. Loving and seconded by Dante C. Miller to accept the staff recommendation and require demolition of the structure(s) according to Section 13-22(H)(1)(c)of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty(30)days to obtain proper permits and complete the demolition of the structure(s) located at 4501 Mokry Dr.,(CENTRAL PARK BLK 2 LOT 1). If the demolition is not started and completed as required,then the City is authorized to demolish.A roll call vote was taken and passed unanimously. 9. 3602 Mueller St.,Demolition(54%)(SUBURBAN HOMESITES LTS 16&17) STAFF RECOMMENDATION: To require demolition due to the extent of deterioration APPEARING IN FAVOR: 0 . APPEARING IN OPPOSITION: 0 Motion: A motion was made by Lee R. Hassman and seconded by Matthew Ezell to accept the staff recommendation and require demolition of the structure(s)according to Section 13-22(H) (1) (c)of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty(30)days to obtain proper permits and complete the demolition of the structure(s)located at 3602 Mueller St.,(SUBURBAN HOMESITES LTS 16&17). If the demolition is not started and completed as required,then the City is authorized to demolish.A roll call vote was taken and passed unanimously. 10. 621 Rosewood St.,Demolition(55%)&Accessory(55%)(J P CONNELL FARM LTS 50'X 128'OUT OF LT 3Z STAFF RECOMMENDATION: To require demolition due to the extent of deterioration APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: 0 Motion: A motion was made by Joel De La Garza and seconded by Matthew Ezell to accept the staff recommendation and require demolition of the structure(s)according to Section 13-22(H)(1) (c)of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty(30)days to obtain proper permits and complete the demolition of the structure(s)located at 621 Rosewood St.,(J P CONNELL FARM LTS 30'X 128'OUT OF LT 3))if the demolition is not started and completed as required,then the City is authorized to demolish.A roll call vote was taken and passed unanimously. VIII. IDENTIFYING ITEMS FOR FUTURE AGENDA None at this time IX. ADJOURNMENT A motion was made by Matthew Ezell to adjourn the hearing at 3:11 P.M.on March 31, 2016. Tracey K.Cant Code Enforce nt Administrator Note: For detailed information on testimony, refer to the recording retained on file in the Code Enforcement Division of the Corpus Christi Police Department. CASE TIMELINE FOR 4501 Mokry Activity Date Legal Requirement Legal Reference Code Enforcement Notified of 10/27/2015 Potential Violation n/a n/a Initial Inspection Completed 10/27/2015 When building,structure or premise CCPMC 104.2 thought to be substandard Notice of Violation Mailed to Last 11/5/2015 When there are reasonable grounds to C.O. 13-22(A) Known Addresses believe there is a violation &(D)(2) Notice of Violation Posted in 2/5/2016&2/6/2016 When owner is unknown,whereabouts C.O. 13-22(A) Newspaper unknown,or where service of notice has &(D)(3) failed (Published twice w/in a 10 day period) Returned Notice of Violation Posted at 3/8/2016 When notice is returned showing C.O. 13-22(A) Front Door of Property unclaimed or not delivered &(D)(4) Notice Received Mail sent back unclaimed n/a n/a Deadline to comply with Mailed Notice N/A 30 days from receipt of the notice C.O. 13- of Violation 22(A)(5) Deadline to comply with Newspaper 3/6/2016 When 30 days have elapsed from date of C.O. 13-22(B) Notice of Violation first publication Re-inspection 3/7/2016 Not less thans 30 days from receipt of the C.O. 13-22(B) notice or when 30 days have elapsed from date of first publication Complaint filed with BSB 3/14/2016 When owner refused to comply;when C.O. 13- not cured within 30 days from receipt of 22(6)(2) notice or any further agreed time; or when 30 days have elapsed from date of first publication BSB Hearing 3/31/2016 Not less than 10 days nor more than 45 C.O. 13-22(C) days after Complaint filed Notice of Hearing Mailed to Last 3/14/2016 At least 10 days prior to hearing C.O. 13-22(C) Known Address &(D)(2) Notice of Hearing Posted in Newspaper 3/14/2016& At least 10 days prior to hearing when C.O. 13-22(C) 3/15/2016 owner is unknown,whereabouts &(D)(3) unknown,or where service of notice has failed(Published twice w/in a 10 day period) Notice of Hearing Filed with County 3/14/2016 At least 10 days prior to hearing C.O. 13-22(C) Clerk &LGC 214.001(e) Returned Notice of Hearing Posted at 3/22/2016 When notice is returned showing C.O. 13-22(C) Front Door of Property unclaimed or not delivered &(D)(4) BSB Agenda Posted 3/25/2016 72 hours(3 days)before scheduled time Texas Govt. of hearing Code 551.043(a) ' t ") , -#. :-.4.a„it 2 t.. \ *,t c.' a IIhI — � - t, �� s x'11 f:;,:' �yi. 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I 0 in r y IN Lid Ct CD cz _ c — LL I.....1 iriti, „ c X Cei Ill". o-, ,---+ cZ < l J V W W Z 0 W� �; LU 1 Q o z L n H WI WI I o . c o Gil < < LJ 10 H I— 1--A f,;-i 1---1 H < • , T Ct ' I— Z < < r Cr) fel U3 (!) N U 4 et y f ' N .,+t %b ''}` ray - i l yam. / : . f r � , -,.. h •- i yy Li'. .1„,i id "1 1 f! 1 ( -'-.S �� .- i2`± { �+' % y r -F, }e�. Ir .' 4. 1;` �_a / ,. = ;, • y -V� i.� r..,-:'� + • -- -. .. T tI t # ti' • k ! :.4 _ 5 r , } -1 7 t4.,t!t.,..ItCk 41 of!il ,,%t,i t t F. A { t . S } .-•fit ii l \ 1;!.,' . A r <C ' t ;� -t t • • • ice. wry R la 1,,}1 V fir " x . • R -7....,...'*,-, 7. �"."mss { t .S 4`4 illi , :I = ti' . . - 4 _ . A r Y . j ' 1, ‘r.. +:a tt-r 1 d ,- - e' N,1 'Ni '.: x • t • _ `` --/ `1k. -_ ;tiµ 1 , I 11011011$14'' ' ) ;,titftaf'i':',...':;-'''''11''' \1\\kli\411\ C:)I ,_w-,-:,•,,,..:: ECEIVE • April 11,2016 /:A) APR 12 2016 ATTENTION: BUILDING STANDARDS BOARDtAFt CASE#62240-110515 err( 1 'S NICE RE: 4501 MOKRY DR. LOT 1, BLOCK 2 (central Park subdivision) SUBJECT: APPEAL OF THE DECISION BY BUILDING STANDARD BOAD ORDER ON MARCH 31,2016 This is Beatrice Rodriguez I am 63 years old and on disability. I have lived at 4501 Mokry Drive for the past 63 years. This is an appeal regarding the decision on the property on 4501 MOKRY Drive Corpus Christi Texas 78415 On December 9,2015,I had a very serious fall and somewhat mysterious how I survived. Because of this fall,I broke dive ribs and my left arm. I did not have a cell phone to call for help. I laid on the ground for about three hours, I could not move and afraid to try, until I held onto my dog and she pulled me all the way to the front porch of my;fathers home. I have a vehicle but its been in storage at a auto repair shop for repairs.The next morning, I was able to charge my phone and called an ambulance. I spent a week in the hospital and the following three months in bed. I could not move, much less walk. I couldn't breathe comfortably I contacted the post office to hold may mail until I was able to retrieve it On March 20th,flu symptoms attacked me violently.This compounded the problems I was already having with the broken ribs. My physician had cautioned me that I could easily contact pneumonia because of the condition of my ribs. I have been working on contacts to request financial assistance to help repair my home I have lived at this address my entire life.My father bought this property in 1954 the same year it was built.My father Built Homes for a living and was a World War II Veteran. That may not mean much of anything to anyone, but my father was my world and I was very proud that he fought for our county. I loved both my parents more than anyone could ever fathom.It demands plenty of empathy to grasp the love I have for my family.. In 2011 or 2012 In addition to all of this, I took my father out of town during Easter to visit his grandchildren and great grandchildren.We had saved and bought about$ 20,000 worth of construction material to repair all necessary areas in our home. While we were gone, someone broke into the property during the day and stole not only all the material we had bought, but also took our loading dollies, patio furniture,Appliances, religious concrete statues including the mail and mailbox. Even though I filed this report I never received a call from the police During the same time the back gate was smashed down and one of the brick pillars was knocked over leaving my property vulnerable to other thieves and cowards The following year,someone dismantled the handicap lift off of my father's vehicle. I filed another police report regarding the destruction of my mothers bushes she had planted (45 yrs ago)along the front yard.These WERE all ch000ed up and removes( by individuals hired by code enf.Unfortunately,because NO SUPERVISION from code enforcement was present, items and other materials were missing. A copy of the letter I wrote in response to the incident is enclosed. I filed another police report about the theft and destruction but no response whatsoever from the police. Although my ribs are still displaced and my arm is still in a brace,I was able to get B line transportation to check on my home on April 8th,2016.This is when I discovered al these notices claiming there had been no response from me which is a false report and quite deceptive..I've enclosed the bulk of my attempts to inform Code Enf In October or November of 2015, I received a notice from Code Enf. regarding the condition of the house.I responded with a letter.(copy enclosed). I contacted Diana Garza by phone and mail that I had been in contact with FEMA since June 2015 as well as other possible agencies who could help me.rebuild my parents home. I also contacted the National Civil rights office in Washington DC.,because of the delay with FEMA. I informed them of the periodic storms Corpus Christi TX. was encountering and how it was creating more damages to my home.The CMI Rights office representative contacted me to for further support and guidance.He is Ricardo-Garcia Rodriguez-Phone and his contact information is 863-212-9033.He has been advising me of follow up with the grant. I specifically reminded Diana Garza about respect for my parents home because of a Catholic altar that was erected and bless as a spiritual space for worship in the home. It has been in our home for 50 years and was dedicated to the Schoenstatt movement I had already told her that I would be present if they wanted to enter my home,but because I also was trying to work part time with the school district to earn extra money.,I had to arrange a day and time I could do this. I attempted to maintain contact with her,but never received any return calls after our last conversation and the letter I sent in November of 2015. Now that I am feeling better from the flu episode,I still have a lot of pain from the broken ribs. I've enclosed evidence of that condition. This is my only home and what I have left from my parents. I was 6 yrs behind my brothers and the only daughter. it was extremely ill-fated that I was injured and ill for so many months,but maybe God wanted me to slow down, after I had been taking care of my parents for he past 30 yrs. I had to make financial decisions in order to make sure my father had whatever he needed in his home and his medical needs were met.I terminated my storage area which had alot of the items I had salvage from a fire.I discontinued my water service so i could afford to pay my fathers utilities. The city water was making me ill. I brought in my own water for all my needs.It was not easy but less expensive. I have sacrificed whatever it took to take care of my father and me because of the failure of the VA to do right by him. All my furniture(my mothers expensive all wood furniture),clothing,parents possessions(pictures,our baby stuff) have been safe and protected in my home because of GOD'S blessing on me. I know that the best thing for me is to rebuild,because it will be less expensive according to the contractor I have stand by (Fitsimmon Construction)for this project. He is writing up the estimates to send to FEMA I need the estimates for storage and demolition costs as well I have no more family,everything I have done has been done by me.I had no help with my parents care, unless I was able to pay some one. So hopefully you will see that I have not given up on my home.My response to any mail was done. Without a car and trying to work part time and still trying to take care of my medical problems all demand equal time. I am still alive for some reason GOD only knows and my faith is in GOD to help and bring people to me who will help.I hope this Board is part of that help. I still maintain my contacts and with any other entity detrimental to this project. Respectfully IN GOD WE TRUST BEATRICE RODRIGUEZ 361-558-1167 4501 Mokry Dr. C.C. cc: National Civil Rights Office Governors Committee on Disabilities National Disability Rights Network 820 First St.NE STE 740 WASHINGTON D.C. 20002 November 12 20015 To: Code Enf. Diana G arza Re: 4501 Mokry Dr. C C TX 78415 This is to inform you tha I hand delivered a letter to you last week and again reminded you that I had made application to FEMA for he dam ges to my roof, I visited city hall to discuss your letter wit i you, but I was informed that you were already gone for the day. I have already spoken .o a few contractors about m home and what needs to be done. I have met with k s Lopez who takes the appli tions for grants to assist with home repairs. Three ag ancies whom I have contacte have a waiting list. In response to your letter of 10/27/15 , the above information had already been I promised my father.. "his was my; mothers home nd this is where she died. My father adored my mottle•as all of her family did. In r pect to my parents it's my honor to have the task to take :are of it. I trust in God to s nd me any means to achieve my objectives, My primary ceed, unfortunately is to secure the funds. All ofi my money, savings and my fathers annuity had to be paid toward his medical and then a funeral because of VA' s irrespc nsible response time toward the veterans. Until the Veterans Administration pays me for what they owe me and/orlif obtain another grant to do repairs, progress will be slow. Contractors already info rmed me that primarily the roof and securing the windows needs repair Any inside:work can be done by me if I Chose to do the work. I have knowledge to do some r?pairs as my father taught me Another reminder:: too s, materials other equipment for building were all stolen in broad daylight (15 thousands dollars worth). Police reIort filed, but nothing was recovered much less a i hone to me to ask about the theft. My disability and limited paycheck has me on a limited budget. I do not splurge on any luxuries such as a televi;ion, no cable or computer. I do not even maintain a refrigerator. I eat day to day. I have no furniture I activity use, because it is all inside Mokry, since I have been living there before these storms began. I have to take care of • my fathers belongings aid affairs also. In fact everything of any value is in my home, My father loss everything he owned (photos, cash, fur iture, clothes etc) when he house was totaled by fire. We 7asically had to limit our spa ding to the bare necessities and when he became ill, eve-ything went for his medical re I have notified Lawrenc: M with solid waste that I will oon throw out several item from the house into the back Pard so that I can them put th m in a critter litter. This of course - - -. as 1J 1J W•"A Jr a.y• J will take some time, sift e I have to try and get someo e to help me. Two dollies have also been stolen, which was my only mea s to help m lift things I have thee application for the critter litter and fr r the demolition for the part o the house that needs to be removed before they bi!gin on the roof If you can contact me, I still wish to meet with you, ecause if there is some assistance or guidance you can offer, l would be pen to other means of support. Reminder: I have a bs ck and knee injury and even ough I take medication for pain, I still have to be careful u hat I do. I'm on other medi ions as well due to diabetes and asthma, but my goal is io complete repairs for this ho a because it has been bless by a priest and Is considers'd holy ground since an altar as erected inside for worship. In the Name of Jesus t;hrist I look forward in hearin from you for support. Respectfully, Beatrice Rodriguez 381-558-1167 cc: Lefty Delgado Texas Governor a tmmittee on Disabilities November 2,2015 TO: Judge O'Hara Munkipa Court-Corpus Christi TX Re: warrant on 4501 Mokn C..C. Tx 78415 Dear Judge O'Hara This letter is just for you to b:aware that supposedly you issued a warrant to Code Enforcement so that they could get on my pi 3perty. Since I never saw the warrant, I cannot speak about any specifics in the warrant,but I do know that I had a conversation with Diana a few weeks ago regarding my property. I've enclosed copie;of the correspondence I have sent to Code Enforcement,including the State committee on disabiliti+s. I have filed an official complaint with the city,against Code Enforcement. I know I do not stand alone on the complaints against Code Enforcement but I am not incongruence with the deceit cover up and ill approach they incorporate with the people of this city. I personally am disabled wit limited funds, but I still take care of what is mine to take care of. I have lived in Corpus all my life and educated here at A&M. Again this information is only :o allow you to be aware of what is going on and been going on with my home and my fathers. This c tv aoDears to believe that we must subtest ourselves to a totalitarian government. And for whatever its worth,l' .e sent copies to the FBI to discuss the abuse of authority,discrimination with different age groups am culture,and the preferential treatment given among themselves (employees)and friends Respectfully Beatrice Rodriguez BA, MS LBSW,LCDC 4501 Mokry Dr. Corpus Chris:i TX 78415 361-558-1167 cc: Letty Delgado State Attorney General Governors Committee on Disabilities FBI November,2,2015 To:Diana Garza /Code Enfor:ement Re: 4501 Mokry Dr. Corpus C tristi TX 78415 Diana, Three weeks ago,when I spot e to you on the phone,I had informed you that no one could enter the house on 4501 Mokry Dr. because of t!a amount of items that had to be removed due to damage from the rainstorms and tornado's in May'15. I e rplained to you that I had applied for assistance from Fema and i continue to pursue aid. I also told you thrt i i n liv e f wa d t rainwate<[brgg;amine into thgbome, I informed you that there has been some work done but not enough because i have been taking ca e of my father. He was a WW II veteran and had a stroke in 2006. i informed you that I am disabled and live on a limited budget. Even though I now have limited mobility because of my age,but primarily because of a knee ar d back Injury. I still am at my home on 4501 Mokry working to remove everything that needs to be removed sot iat the roof can be replaced Today,when i was at my homt i found an orange warning sign about occupancy. I connected you immediately and inquired what this was ab nut and how you got on the property to post the sign. You told me that you had a warrant,but I found no warrar t. I reminded you that upon the advice of an attorney,that no one was to go into the home because of risk of In ury and foremost because FEMA had to assess damages. There are also very valuable items that belonged •o my mother. There is also Quite a bit of money that my mother hid in this home. During our first conversation I old you that there are things in the home that I am trying to protect from thieves. So now if anything is missing, vhat do you think I need to do? Or of the valuable items are missing or damaged, how am I going to get compen ated. I informed you without a doubt,why no one could go inside. I am an adult and educated and the daughte•of a contractor. I know what needs to be done and how much money I will need to do it. This was very wrong If you to enter my property and more so in obtaining a warrant without supplying Judge O'Hara with the compete and correct information.If anything is missing, I will file a Police Report and send copies to the appropriate offic 3Is as well as to an attorney to review. I don't know what you did with the warrant you claimed was ther I know I never saw a warrant and you were fully aware that I could not let anyone in the house. All my furniture,clothes and belonging are still there. I have valuable artwork hidden there Since, I am the only family me nber left alive to work on this home,it is my responsibility that NOTHING gets stolen. I can't very well do tha with city employees jumping my fence just to gratify their own needs, because this surely doesn't validate or dignify your job As I mentioned to you today,I ►ave filed an official Complaint with the city against Code Enforcement and have sent all information to the Ste te. Respectfully, Beatrice Rodriguez BA, MS, L 3SW,LCDC 4501 Mokry Dr.Corpus Christi IX 78415 361-558-1167 cc: Lefty Delgado Judge O'Hara Governors' committee on ►isabilities/ADA Texas State Attorney Genet 31 P S C � `„.. Col'pus Christi Code Enforcement LaRP DE:• l�T 71} Police Department F F75 'elf_ Notice of 'iolation and Order to Abate/Remedy Case Number. V062240-110515 • 11/6/2015 Case Type: Substandard Structure 1492-0002-0010 RE: 4501 MOKRY DR BEATRICE A RODRIGUEZ I Corpus Christi,TX 4501 MOKRY DR i 7841'5-2743 CORPUS CHRISTI, TX 78415 'GAN RAL PARK SLK 2 LOT 1 Ciwner '13'EA7Rii✓E RODR1GUgZ On 10/27/2015,a survey of the abo Fe property was conducted, Certain conditions were found to exist which violate the Corpus Christi Property Mainterance Code(hereinafter, "CCPMC") and/or ordinances of the City of Corpus Christi. A copy of the survey stating the nature of the violation(s) is attached for your review and incorporated by reference in this notice. The provis ms of the CCPMC and/or ordinances of the City of Corpus Christi violated are listed below. This notice is issued to inform you c'the violations and order corrective action. Please correct the violation(s)within thirty(30)days of receipt of this not:e. if a permit is necessary, it must be obtained before any work begins. Pursuant to the CCPMC, failure to respond to this notice or voluntarily eliminate these defects, by either repairs, reconstruction. alteration, removal, or demolition wi hin the allowed time, will result in further action by the code official. If necessary the City may contract Dr demolition of the property Expenses and administrative fees incurred by the City will be assessed on the real es ate upon which such expenses were incurred. The City may also file charges in Municipal Court for these violations If found guilty, you can be assessed a fine of up to$500.00 under Sections 106.3 and 106 4 of the CCPMC as<dopted in Section 13-20 of the Code of Ordinances. Each day a violation continues constitutes a separate an I distinct offense. The City, without further notice, may proceed with the prosecution of continued or subseq.ent violations of the provisions of the CCPMC and/or ordinance of the City of Corpus Christi listed below on or be ore the first anniversary of the date of this notice. NOTICE TO PERSON LISTED ABOVE AS OWNER: According to the real property records of Nueces County, you own the real property described in this notice. if you no longer own the property,you must execute an affidavit stating that you no longer own the property and stating the name and last known address of the person who acquired the propertk from you. The affidavit must be delivered in person or by certified mail, return receipt requested,to this c:fice not later than the 20th day after the date you receive this notice. If you do not send the affidavit,it will be presumed that you own the property described in this notice,even if you do not. Prompt correction of this violation ti 11 serve to enhance your ne,ghborhood and accomplish our "Vision" for Corpus Christi to be "the City of choice wh re we make it happen ' City staff will be glad to discuss any concerns you may have and explain how to aGiieve compliance on this matter. Please call between 8:00 and 5:00 p.m., weekdays at (361) 826-3046. Fo more information regarding this and other City Ordinances, please go to the Corpus Christi webpage http iiwww cctexas comigovernment/ccpd'code-enforcement/index. P 0 Box 9277 Corpus Christi, Ti xas 78469-9277 • (361)826-3046- http.//www.cctexas.com Exhibit B. VIOLATION(S): 108.1 General. When equipment i; found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found to b an unlawful structure, the structure or equipment shall be deemed a threat to the public health,safety or welfare. 108.1.1 Building Standards. Comr dentary: For Building Standards refer to City Code §13-20 et seq and City Of Corpus Christi Technical Constructi m Codes. 108.1.5 Dangerous structure or p emises. For the purpose of this Property Maintenance Code, any structure or premises that has any or all of the conditions or defects described below, but which is not limited to those described below,shall be considered dangero is and may be deemed substandard: 1. Any door, aisle, passageww y, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdicticn as related to the requirements for existing buildings. 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. 3. Any portion of a building, s ructure or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonmer:, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to becom.: detached or dislodged, or which cannot be expected to withstand winds of hurricane force. 4. Any portion of a building, of any member, appurtenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and ,ane-half the original designed value. 5. The building or structure, t r part of the building or structure, because of dilapidation, deterioration, decay, faulty construction.the removal or n ovement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or comp stely collapse,or some portion of the foundation or underpinning of the building or structure is likely to fail or give way. 6. The building or structure,or any portion thereof, is clearly unsafe for its use and occupancy. 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children whc might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral per.ons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. 8. Any building or structure ha;been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such bui ding or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety. 9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay,d image, faulty construction or arrangement, inadequate light, ventilation, electrical, mechanical or plumbing system, o. otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition thr.t is likely to cause sickness or disease, including all conditions conducive to the harboring of rats or mice or other disease-carrying animals or insects reasonably calculated to spread disease. 10. Any building or structure, Jecause of a lack of sufficient or proper fire-resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health. 11. All buildings or structures v hich have pit privies where the same are not permitted by law or which are not connected to the city sewer when required by law or where inadequate and unsanitary pit privies or septic tanks exist. 12. Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure s abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public. 302.7 Accessory structures. All au essory structures, including detached garages, shall be maintained structurally sound and in good repair. 304.1 General. The exterior of a stn.:ture shall be maintained in good repair,structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. 304.13 Window, skylight and door f ames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. P.O. Box 9277 Corpus Christi,Te xas 78469-9277•(361)826-3046•htto://www.cctexas.com Exhibit B. 304.13.2 Openable windows. Every window, other than a fixed window, shall be easily openabie and capable of being held in position by window hardwarr *R. 304.15 Doors. All exterior doors, d or assemblies, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and slec,ping units shall tightly secure the door. Locks on means of egress doors shalt be in accordance with Section 702.3. .RR 304.2 Protective treatment All e):erior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, leeks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flak ng and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints, as well as those bctween the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resista it and water tight All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, anc all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion.Oxidation stains shall be removed from exterior sr rfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. wRw 304.4 Structural members.All struc ural members shall be maintained free from deterioration,and shall be capable of safely supporting the imposed dead and live loads. wRw 304.6 Exterior walls. All exterior wa s shall be free from holes, breaks,and loose or rotting materials; and maintained weatherproof by painting or other xotective covering or treatment and properly surface coated where required to prevent deterioration. RRw 305.1 General.The interior of a stn:ture and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupa is shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of _ structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or twc or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public area! of the structure and exterior property. wRw 305.6 Interior doors. Every interior c oar shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and s lcurely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. RRw 505.1.2 Hot and Cold Water Supp /. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and c 3Id running water in accordance with the International Plumbing Code as adopted and amended by the City. Exceptions: Facilities constructed Is vfully without hot water. Commentary: Does not include fooc service areas and areas regulated by City Code, Chapter 19, §19-1 et seq. 602.3 Heat supply. Every owner an operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either exp essed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a minimum temperature of 58°F(20°C)in all habitable rooms, bathrooms and toilet rooms. Exception: When the outdoor ter iperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room iemperature shall not be required provide that the heating system is operating at its full design capacity. The winter 3utdoor design temperature for the locality shall be as indicated in Appendix D of the international Plumbing Code as adopted and amended by the City. Rh 604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance w th NFPA 70. Dwelling units shall be served by a three-wire, 120/240 volt, single- phase electrical service having a rat ng of not less than 60 amperes. Exception: Electric service may be r iaintained if installed lawfully. wRR P.O. Box 9277 Corpus Christi,T !xas 78469-9277-(361)826-3046 • http:Nwww.cctexas.com Exhibit B. Page. 2,City of Corpus Christi—BUILDING SURVEY 4501 MOKRY DR WINDOWS:(304.1, 304.2 30 1.13, PORCHES:(304.1,304.2, 304.10, DOORS:(304.1,304.2,304.13, 304.13.1, 304.13.2,304.14& 304.12,305.4,305.5&307.1) 304.14,304.15, 304.16,304.18, 304.17) 305.6&702.1) Charred Wood Charred Wood Charred Wood Broken Glass Missing/Broken Boards Missing Missing Screens Loose X Damaged Tom Screens Rotten Wood X Poor Fit Missing/Broken Sash inadequate Support Damaged 1 Missing Screen(s) Do Not Open Support Post Missing Off Hinges X Rotten Sills Support Post Loose Blocked Exit X Rotten/Broken Frames Faulty Weather Protection Rotten X Other: Other: X Other:FIRE DAMAGE STEPS:(304.1, 304.2 PLUMBING:BATHTUB/SHOWER 304.10,304.12, 305.4&305.f i (403.2,502.1, 502.2, 502.3, 504.1, 504.2,504.3, 505.1.1, &5053) Charred Wood Missing Rotten Wood Faucets Loose/Broken/Missing Missing Boards No Anti-Siphon Faucets Inadequate Support Missing Overflow Plate Missing Handrails Missing Tap Faulty Weather Protection Missing Shower Head Other: Not Vented X Disconnected Stopped Up Damaged Shower Stall Other PLUMBING:WATER CLOSE WATER HEATER: (404.4.3,502.1, 502.2,502.3, :02.4,503.1,503.4, (505.4,603.1,603.2,603.3,603.4 603.5&603.6) 504.1,504.2, 504.3, 505.1.1, 5 16.1 &506.2) Missing Gas No Anti-Siphon Ballcock Electric Stopped Up Missing Poorly Anchored X Disconnected Seeps Around Bowl Temperature Pressure Release VVIvv Missing Water Supply Line Leaks Temperature Pressure Release Valve Broken Flush Ell Leaks Drain Line Missing Runs Constantly Not Approved Pipe Tank Broken I Cracked Not Extended Outside Bowl Broken!Cracked Elbowed Down X Disconnected Vent Missing/Loose Missing Flush Handle No Double Wall Pipe/Attic Missing Flapper Nonconforming Vent Urinal;No Back-Flow Preventiv : Inadequate Combustion Air No Elongated Bowl 1 Open-end Seat Thermostat Missing/Damaged X Other: No Gas Cut Off Missing Firebox Door Gas Supply Line Not Approved Pipe Gas Fired—Located in Bathroom Gas Fired—Located in Bedroom Fire Damaged Other: P.O.Box 9277 Corpus Christi,Texas 78469-9277-(361)826-3046-htta://www.cctexas.com Exhibit A. 133T, iii cy'F" A , At.a t _ . IvarC4 t r # 4 � T � lid✓.23/1` in: . 'vRI Imo:' 4t `zt' 1 Cta x'.T'(3x` '?t NO; Y, f s TyeE ;)2 / ; I G �.-. �+L�...._._-..-.....-.._ t�Aqq����L*x�: x...�f�,,Ti (j�;�r..t a ..• � ...-�N,---. �tr�*��ryZ�p� Y��7�y�,. i?z.,nrt� t �� �r�(}t�-- C�t",1Ru ].P; .S•*-. ^.k' �'.�' 4YyCX1'AI`?74 R DC1 {/AYE'. � t.)11At gelmjuh i t. CEA') lo/v/15 45t) . m . y 1 t �$`', 4 45 11/06/15 73. 0'' erg l f� -43,00.217t4.1-0 C < R 7., .151,R. 2 LOT 1. XU L0,/$ /1 OW CSR 54.94,b 11/:0-6115 429. 60 Lege', scr 1x0 k11' t. :1RAL TAW, BLK 2 t T 1 CURRENT f30 ^ y 6 0; ") 5C2.'€© 'AGF '' '8- ' :t 3' /23./1. PINIS' .TF s 502 . 60 50-1-a-1,-,ki -1L : $51)2 .60 ;_ ��++�^- -_meq_:.._ R� -�v, --- - 1.E' _3: ._'23/11 4.111 DATr: 7_1 ,,2 , Ri . A,' +1x112.2: $Ek n',1 ',`a' A. C'a't`` c).. -' : O: 2 r YP,',: DM - CLEM. UP 1,!TA ,. xIT AND MAKE c iz-,ts. P a.z ABLE ToT eIT5 OT CORMS ( I,fl` •t-C ..'T tl'2 3 eAsimEas. A lk 3 14 ous7omER , P } 1303t 9257 CORPUS eiral5' 1 TX 71'409,-9257 0611 S26-3072 7. P(04A.4V6e/41.-1,t9e October 15,2015 To: City of Cori ms Christi Re: Complaint Deceptive reporting I harassment Properties nclude 4501 Mokry Dr and 1211 11th Attention : Letty Deify do Background Informatic n I am 62 years old and di >abled as deemed by the State of Texas. I take different medications for Asthma, Diabetes, acid reflux, arthritis and RLS including Major Depression. My mobility has been affected by a back and knee injury. I have suffered trauma since the age of 3 and two major catastrophe that include a house fire in which my mother died and sho tly after this event, my father had a major stroke at the age of 87 . He was a WW II VE teran. Secondly, my father had another home which was totally destroyed by a fire.. He Jost all possessions, clothing, money and etc. I have also loss two out if three brothers due to cancer, respiratory and cardiac failure. I have one surviving old(°r brother ,who is also a Viet Nam Veteran and is disabled with multiple medical problen s. He does not live in Corpus . His oldest daughter, who is an Army officer and has a .mpleted several tours in Iraq, Afghanistan , Korea, and other countries, supports any tnd all financial needs for my brother. As you can see, I am the last of my immediate family. My parents gave me the home on 4501 Mokry where I I av lived my entire life. I took care of my mother for 20 years. Then for the next ten ye:trs, I took care of my father, Reyes Rodriguez..at the home on 1211 11th street. COMPLAINT Since the dearth of my r'other in 2005, there has been issues with Code Enforcement. It begin with the harassr lent by Jon Perez agitating my 87 y/o father to clean up the property (this was very shortly after the fire in which my mother died. He was disrespectful to my fair er. I overheard the conversation. My father reminded this person that this property belonged to him (my father) and he had been taking care of it since he bought the pros erty Jon Perez had entered t le back yard without permission from my father. He continued to walk around the yard as if he had the right ; totally invasive of my fathers space. This is ill-mannered anc insolent by any means, especially by God's law. This home was consecrated to Got when my parents moved in. In Jesus' Name I hope someone understands what this n leans, because I was taught not to fear anyone who attempted to intimidate and/or thre sten me, because God has the Power to keep me safe from anyone. God decides ho will be saved and who will bum in HELL.. Jon did not stop hasslin my father; Jon continued to send Code Enf violations and then a notice to appear in Cc urt. My father could not identify with why this individual was so persistent and relentleE s. in creating more misery for my father, who was grieving the loss of my mother. My father never made H to court, we had the issue dismissed by the prosecutor, but it was too late. The strain had already taken a toll on my father. My fathers heart was broken. He had lost the love of his life. F Ie broke and suffered a major stroke as a result of the unnecessary abuse by :ode enforcement. In having to handle rep; irs, the yard, financial issues and the mandatory medical care of my father, I was now extremely overwhelmed and without help because the house insurance was cancelle i by my mother the year before and I had been working full time before we had a chanct to obtain other insurance for the house. I set my priorities: 1.the care of my fathE 2. my health needs 3. maintaining my hou ;e and my fathers house. The same order app ied to money respectfully. My father and mother h id developed this property for the first 45 years living at 4501 Mokry Dr.. My mother I ad planted several plants, roses , pine trees, fruit trees, hedges and so on. She was amazingly bless with the magic to grow anything she touched. She was able to make a ros 3 stem take root in a glass of water, which was the beginning of her rose bushes. My fa:her did all the heavy work for her. He always kept the yard clean and cut and built he fence which was destroyed by thieves two years ago. An estimate of 15 thousands dollars of construction material was stolen. There was never any follow up by he Police department; not even a phone call.. Due to my 24/7 duty in •aking care of my fathers medical needs, my time for anything else was extremely de(reased. My efforts to complete any other task became seriously affected. Finencially, we were bathing medical bills and doctor bills which did not leave space for extr t costs. I could only afford to get the grass cut once a moth or every two months I wa: constantly searching for volunteers and or low cost yard maintenance. Sometimes I took care of the yards myself, until I suffered a back and knee injury in addition t( the existing medical problems. When my fathers house totaled to the ground as result of fire, he loss everything he owned. At this time I h id to move my father to 1211 11th. Every year there have teen issues with Code enf.. regarding 4501 Mokry Dr. and 1211th. This situation )ecame worse after it was discovered that Code enf. employee, Jon Perez was selling vitamins during city time and from a city vehicle. This was reported to Tri tci Cantu, who never followed up on the letter addressing this issue. I later was told by other Former employees that Ms Cantu favored Jon Perez and was covering up for him. liven though this is second hand information, I knew that he still was involved in doing o her jobs during city time. i finally addressed this same issue in a letter to Officer Blackmon (Dir. Of Code Enf), but there was no folio.v up; at least he never contacted me. Since this report on Jor Perez, there have been frequent visits to 1211 11th and 4501 Mokry Dr.. I have explr fined repeatedly about my physical limitations as well as my father. The visits contin ted almost 4-5 times (maybe more) out of the year. This tells me that all the other prcperties in Corpus Christi that have been abandoned for years and years are not beirg death with. There is a ludicrous amount of money being wasted when code enf. continually and unjustly visit the same people over and over and over. Once more, code enf. :ent another letter regarding 1211 11th, where my father was. My father was significantly more critical at this time. He was in and out of the hospital back to back. I was cor stantly out of town with him at the hospital and veterans home in McAllen.. The grass had grown at 1211th and I had no time to cut the grass myself. I looked for volunteers t) help me with the yard By the time I was able to get my father transferred to another a edical facility in Corpus, another letter from Code Enf arrived regarding the tall grass. I sent information to Code Enf. regarding my fathers medical status and the lack of f finds to hire someone to cut the grass. Apparently they didn't care, because the next :orrespondence was a court notice. My father was bedridden at this time and was on hi: deathbed. I went to court in my father's behalf ,to argue a fine for $2000. This was on he news as reported by Andy Liscano , who could not believe that a city department v as expecting WW II veteran to get off his death bed and cut the grass and pay$2000. My father did expire on 12/13/2013, but code enf continued to send notices about the grass. I continued to n turn information regarding my disability and physical limitations. and informe I them that I am only able to work on the yard a couple of hours a day and sometimes oily two times a week if I am lucky. I get nauseous frequently with the heat and want°o vomit. I want a nice yard, but I can only afford to hire someone once a month If I can't find someone, then I start doing it myself. I have discuss these is:ue with my physician and expressed that I am on the edge regarding the city govet went, but that I did not want any more medication. I have expressed to my attornc y of the hardship I have been encountering including the harassment by code en orcement. I am somewhat exhausted about the deceit and cover up that occur within the city walls. I've attempted to handle issues as amicably as possible, but for some reason this department appears to operate with a limited mentally joined with a pathetic attitude. When a city dt.-partment can waste taxpayer funds by citing the same citizens over and over, neans that the real culprits and violators continue to live off the fat of the city and the he norable citizens. If the city cannot take care of the grass that grows in so many other parts of the city, including the expresswi y, then they are not doing their job and should cease criticizing hard working people ab ut cutting the grass. If they are not going to be accountable for their disrespectful beha,ior and abuse of their authority, then this is not the way to win peoples respect, much ess their hearts. I am being harassed (nd taunted and request to meet with whoever is the appropriate individual tc discuss what is the problem. I have responded religiously and unfailingly to correspon fence from Code Enf. but never get a return call What is wrong by being on disability with my need for relaxed time to take care of my medical needs and tell me that i my health issues are not a priority and why? ( I was recently told by Code enforceme nt that cutting the grass is a priority vs my medical care. Please tell me why and why my home is more imoortantt than the other thousands of other pr' perties that are more justifiably necessitate attention. It appears to send the message that this department only want to do what's easiest for them, There are many 3lderly people being intimidated and threatened with citations. This is not honorable )ut in violation of their civil and ADA rights. In the NAM;E OF JESI IS I SUBMIT THIS COMPLAINT. HE WILL JUDGE EVERYONE Respectfully, Beatrice Grande Rod iguez BS, MS, LBSW , LCDC cc Asst. City Mang - Gus Gonzalez Susan Thorpe Texas State Goverr or Texas State ADA G)vemors committee Texas State Attorney General October 22,2015 To Corpus Christi Code Ent)rcement Attention: Rhonda Per our phone conversation I n Monday, Oct.18,2015,we discussed your visit to 1211 11th st.on October 16th,2015. I quest(fled you why you were taking pictures of a patch of grass in front of th'e house where it is evident the'the space is being cleared. In this section I am clearing it to plant some plants. You also took pictures of the back yard which is half cut. I asked you what was the problem. You replied the other half weds to be cut." You then said the issues were the same and obviously ignoring the work that had already had been done. I also reminded you about what we had talked about three weeks ago. I informed ,mu that this is my fathers'property and I was packing everything that is in the house and around the prc perty, so I can eventually move it into storage or to my home. The crates I use are for that purpose. I also had explained to you• at I receive disability due to the medical conditions that I have. I have physical restrictions becausf of my injuries to my knees and back as well as limits to what type of weather I must avoid. I belies your following statement was.. . "The grass is a priority" . So regardless what my own ptysician orders me to do,it sounds that you believe that Your ORDERS overthrow my physicians. told you that my Health is a priority I explained to you that not all oeople move at the same pace, especially if there are physical difficulties involved. This should be con mon sense. There is also a financial factor that delays people to do what they would like to do,to mail tain the yard or even improve it. Whether you were indoctrina,ed to force people to maintain their yard with a time limit or maybe that was all your idea, I can only do that God helps me to do. Only He provides me with the means to do anything. If you want to dir puts God for the limitations and disadvantages, I sustain, I guess that is your choice. Respectfully Beatrice Rodriguez 4501 vlokry Dr. Corpus Chrisrti TX 78415 361-558-1167 cc: Human Resources Letty Delgado Blackmon/Cd Enf. October 23. 2015 To: Code Enforcement Director Blackmon Dear Sir, A month ago or longe , I hand delivered a letter to you at the Police Department. This letter informed you ;tout an employee from this department who presented invalid information to a Magistra:e Judge to obtain a seizure warrant in order to allow some workers onto my propert As a result, I informed you about some items that were removed from my yard. explained to you that I wanted these items returned. I filed a Police report las week, since these items have not been returned Please refer to the former letter to rev ew what the items are and the damages created by these individuals The amount of my loss is approximately[y$450. I also received a bill of$l i50.for the yard clean up supposedly done and supposedly by these individuals. This is also invalid. I hire people I know who either volunteer or will work for a minimal fee, t ecause they know I am disabled with a limited disability check and can't afford a regular gardener. If the employee had contacted me as I requested or even read my letter he would have known that my yard is taken care of by volunteers. Again this bill was genen iced without competent justification and without all the applicable information I can surely understand I mat this may be one way the city tries to make money off the people, but I am only pro iided enough for medical needs. That is why I do what I can and search for volunteers to help me, since I do not have money and the city does not provide any programs to assist the elderly and disabled Thank you for your time Respectfully Beatrice Rodriguez 4591 Mokry DR. 78415 361- 558 1187 cc: Letty Delgado Asst. City Managers Human Resources September 12, 2015 On September 7, 2( 15 a group of 3 persons were on my property a 4501 Mokry Dr. in Corpus Christi. They stated they ware sent by the city to clean up the property and that there was a letter attached to my front. Door. It was a seizure warrant which apparently wcls obtained by incorrect and misleading information. Because of this war-ant, the chains and locks on my fence were broken. My front and back door were barricaded and I could not enter my own home. At this time was expecting an investigator who was to estimate the damages to the home to be sent to FEMA. I had to cancel that appointment. I had received a letter from Code enforcement dated June 26, 20150. I've enclosed a cops' of the letter I wrote and faxed to Code Enforcement, Andy Montez and tc the Commissioners Court. I never received a return call from anyone On June 24th, 2015 I paid someone to cut the grass in front and back. I had already cut the side (by the street—Gollihar) with a weed eater which I had to do as I sat on my walker. I cannot stand too long because of a back and knee injure. On July 4th I spent time picking up several tree branches that I pilei on top of some brush inside the fence of my back yard. A lot of the br.ish was from the storms/. Tornados that occurred during April and Ms of 2015. As a result of these storms there was extreme damage to the roof and heavy tree branches had fallen down in the front and back y and . These were too heavy for me to move to the front for pickup. So already put trash in bags and gathered all the brush together. Unfortunately I became very ill with asthma attacks, almost short of pneumonia As I began feeling tetter, I went outside and picked up more trash during the first week of Aufjust. I could no6 be in the heat because Wm a high risk for heat stroke and blood clot. I had alre3ady had some bouts with nausea and vomitin a. 1. The pictures th;it were enclosed with this seizure warrant are old pictures from early wune 2015. I've enclosed copies of these pictures with some descriptions. One of these pictures show damage t0 mu back fence and brick pos that occurred a year ago when a crew of people broke onto my property (during daylight and stole about $15,000 worth of construction mate=rial, construction tools and yard tools. There is a police report to veriy this. It was never investigated nor were we ever contacted by the Pojice to discuss the major theft. They also stole my fathers appliances, ny mothers patio furnitu4e and ALL her plant she had cultivated for years and years. They religious concrete statues of the Blessed Mother and 4 concrete angels I've also enclosed some of my own pictures that I took of my yard, after these workers left my home. No one was present supervising these workers. There was damages done. All my mothers' bushes that she had planted 40 years ago were destroyer:'. One huge bush was mutilated. All the plants that I had transferred to o le side of the yard were torn out or destroyed. These worker did nc't have to take a weed eater or lawn mower onto this yard, because he grass had not grown much since I paid someone to do it and I had trimmed it in August. There's one picture witl1l a piece of plastic hanging al a tree branch that someone threw on it.. I had removed it in June =nd placed in the back yard with all the brush. I have a picture of the: same piece of plastic that is now in the alley.. I had cut the grass in the alley in June and August. I took a picture of the alley on Sept. 7th 2015 and you can see all the grass and other trash these workers left tl•ere. This code enforcem Bnt officer did a great injustice to my mothe5e plants and was irresponsitle to not report the work that had already been done by myself. and the flan that I hired to help me. My mother died in this home and it is so dkrespectful what happened to all my mothers plants that she labored ovt r. They cannot be replaced. Who is this cd officer and workers who claimed tha right to destroy my mother's yard. I also had a 40 pound of much in the front yard. The bag was opened but apparently they spit ed some it and the reminde4 was thrown on a tree's trunk . You don't pt.t mulch on tree trunks, because the tree will die There are some ite ns missing from my property that I want returned or should I file anothe• police report for those missing items? The missing items are a follows; 3 6 ft. fence posts. 2 — 5x 8 wood panels, 6- LED lights I had in the front yard, a 40 pound of red mulch These workers adm tted to being on this property before within the year. I can correlate the ti me that they were there with another break in to my yard in which my fa:hers handicap lift was dismantled from his truck. There is a police rer ort on this incident There was also a hLge concrete birdbath broken. The HD ;lift was not taken probably because it weighs between 300 to 400 pounds, but it was left close to th a gate in which anyone could drive up and drag it out In memory and respect of my mother the home is scheduled to be bless by a Catholic priest. Respectfully Beatrice Rodriguez 4501 Mokry Dr. Corpus Christi, TX 78415 Enc: copy of Seizure warrant Copy of June 26th letter from Code Enf Copy of resp(nse letter from my self of July 6, 2015 cc: Corpus Christ Human Resources Code Enforce.nent Magistrate News Stations 3, 6, and 10 (Klll, KRIS, KZTV) July 6, 2015 To Code Enf rhis letter is in response of the written letter you wrote on June 26, that eceived on July 3r regarding 4501 Mokry Dr. have lived at this address for 62 years it is not a vacatnt or vacation dome. I have this home and my fathe 's home to maintain . I am disabled have several med cal conditions anc I still try to work part time because of my limited incorre I do not have the finances to pay someone weekly. much less monthly to keep the grass c ut. Many time I make an effort late in the evening to try a id do some work, both my dads home and my own can't make God ;top the rain for 7 ,lays so that people can cut the grass. Just like yoi can't expect the e'derly or disabled individuals to cut or trim or do any of ger yard function in 7 days. These age, sick or disabled individual; no longer have the ability to do what it takes them a lot longer. Everyon - will be old or ill or e day, unless you die before you ge- lo that age. am trying to stay live I follow my doctors medical recommendation, elatively his orderE i can only do so much and on a monthly basis. Again :f anyone has the a lswers or wants to volunteer, I am welcome to that can strongly sugg ,st that juveniles who have to do community service because of their pry rbation status should be utilized to help the elderly and disabled. with what ever needs to be d sne. People are still dropping trash along tf•a side of the street, on the yard and leaving it just ever_ where I pick it up when i can, but it should not be only property owners to =ndure this kind of abuse from people who are walking around littering W iat can be done about it. I am Not sure . I know that if an officer sees it happens; they shout stop them and fine them. We all are busy some of u 3 are more busy thin others, some of us are sick and can't do a thing I'v r been on bed rest for the past two weeks because of my asthmatic conc tion and my Diabetes. My phone number is as listed and I suggest call r le if for some reason something isn't being done fast enough I've explained my s tuation, my lifestyle my obligations and my limitations. only want to try ant live my life peacefully.. m filing a police re.port on a theft that occurred some time last week. My dolly, refrigerator a Id wheel barrel shE ped like a chair were stolen. Possible $400 doll irs worth. Itme that I had to save money to buy. I know I will never see they , again someone broke ito my yard to do this. Respectfully Beatrice Rodriguez -;61-558-1167 -c• Andy Montez Commissioner :ourt RIDIOLOGN 11 pallor INTERPRETATION PROVIDED BY �. PHYSICIANS OF S M&S RRADIOLOGY ! TBS PA. RADIOLOGY ASS• t . . 25 NB Loop 410,Suite 121,210.348-1'13. Fsx 78216 • 210.384,849 • W Patienft Rodrigues,Bunko DOB: 11128/1952 lStudir: Left ribs D: - 13 Bum 01/27/16I Well/vieddss Field leg r F i HISTORY: Rib fotohu•• . Nye. COMPARISON: p DINGS: Five views of the fait ribs demonstrate • acute displaced rib fatourree co the left side. Tide appose to involve the left third rib and is the _ aatarolate d aspect of the fourth, ,sd andribs. Theme is no evidence of astoaiseed contusion. ..is opt*hi the left lung base, which weld tapes at:sleds&or 1. Multiple acute displaced tinctures of the left Atis from third through sever rib 2. Lail basilar contusion vows ateleotasis• Small amount of Loft pleural fluid also David Ratter,M.D.DD/DT: 01/27/16ii IJpC ri.darrillie swabsi m'1___ a.WO • Us k for do ow stie. ��> t' •�tfrr 1` q��eled(werdttera :raw_par a>,r■,grMat� miler awe tipideal/h s Psweft amid >Aw sadAa!fwl hR Mb0./tldbl�1�l wN..uamfR.e..e.ad..r.y. "f'.eWy Urn WW1 rti�.rfa.Ye ar,plue Wify+haa (j WELLMED AT CABAMSS FIELD 3434 5rrs raga Boulevard Corpus Christi.?cut 78413 Telephone 361.8833688 ' Facsimile 361.9923458 February 16,2016 ***CONFIDENTIAL *** Patient Name: Beatrice Rodriguez Date of Birth: 11/28/1952 Health Center: WellMed CO Cabaniss Field To Whom It May Concern: Ms. Beatrice Rodriguez is undercare at WellMed Cabaniss Field. She sustained a fall when her left knee gave out o Decembelr 9,2015. Her injuries from this fall include multiple, displaced rib fra tures to the left side. She also has a displaced r4dial shaft fracture which is followed b the orthopedist. S has been advised that these , injuries will take several months t heal. She is to re ' in a wrist splint and has been advised to follow up with the orth pedist. Sherwill evaluated at each office visit. Sincerely, I OP 10.41iiiiiMar /ipg --= .1:40,,,i,,,.• -1tt g t W W.das-Enright, s PN, -C Nurse Practitioner II 1 f Your yeol"8scare Co Darrion for LII JM Your leallhcare Companion for Life • • Ovp1JSc1 GO p a t NOTICE OF CITY COUNCIL MEETING: BUILDING STANDARDS BOARD APPEAL — JULY 26, 2016 AT 11:30 A.M. RE: 4501 MOKRY LEGAL DESCRIPTION: CENTRAL PARK BLK 2 LOT 1 OWNER: BEATRICE A RODRIGUEZ 4501 MOKRY DR CORPUS CHRISTI,TX 78415 CERTIFIED MAIL RETURN RECEIPT REQUESTED#7015 3430 0000 0818 9744 Notice is hereby given that the City of Corpus Christi City Council the Building Standards Board Appeal regarding the above listed property on JULY 26, 2016 in the COUNCIL CHAMBERS located at CITY HALL, 1201 LEOPARD, CORPUS CHRISTI, TEXAS 78401. Please be advised you must be available for the duration of the City Council Meeting as the "Appeal" may heard at any time during the regularly scheduled meeting. NOTICE TO PERSON LISTED ABOVE AS OWNER: According to the real property records of Nueces County, you own the real property described in this notice. If you no longer own the property, you must execute an affidavit stating that you no longer own the property and stating the name and last known address of the person who acquired the property from you. The affidavit must be delivered in person or by certified mail, return receipt requested, to this office not later than the 10th day after the date you receive this notice. If you do not send the affidavit, it will be presumed that you own the property described in this notice, even if you do not. When an appeal is pending, all orders of the board shall be suspended in their operation. The city council, on appeal, may vary the application of any provision of this code to any particular case when the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this code, the Corpus Christi Property Maintenance Code or public interest or when, in its opinion, the decision of the board should be modified or reversed. (1) A decision of the city council to vary the application of any provision of this code or the Corpus Christi Property Maintenance Code, or to modify an order of the board in whole or in part shall specify in what manner such modification is made, the conditions upon which it is made and the reasons therefor. (2) If the decision of the city council reverses or modifies the refusal, order, or disallowance of the board or varies the application of any provision of this code, or the Corpus Christi Property Maintenance Code, the code official shall immediately take action in accordance with such decision. (c) The decision of the city council shall be final unless the aggrieved party appeals by instituting suit for that purpose in any court having jurisdiction within 15 days from the date on which the decision of the city council was rendered. You will have the opportunity to comment regarding the property during the appeal proceedings. If you have any questions regarding this matter, please contact Tracey K. Cantu at (361) 826-3170. Sincerely, Tracey K. C to Zoning & Code Enforcement Administrator Corpus Christi Police Department Code Enforcement Division Attachments: Affidavit of Non-Ownership STATE OF TEXAS COUNTYOF NUECES SWORN AND SUBSCRIBED BEFORE ME BY TRACEY K. CANTU, A CREDIBLE PERSON, THIS SA-,N DAY OF Si , ( , 2016. 1" lis' NOTARY PUBLIC, STATE OF TEXAS •,,a1 26. 1%.1$ Abatements 4501 Mokry Drive Date Paid Admin Fee Abatement Fee Total Owner Information 9/9/2015 $73.00 $429.60 $502.60 Beatrice Rodriguez An abatement warrant was required for 9/9/2015 abatement. The Notice of Violation expired since the 9/9/2015 abatement which requires a new notice,compliance period,and reinspection prior to abatement. 4501 MOKRY D DELUCA 06-24-16 Condition of Exterior Premises I Condition of Exterior Premises noEnn: Condition of Exterior Premises