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Agenda Packet City Council - 09/13/2016
Corpus Christi 1201 Leopard Street - f' Corpus Christi,TX 78401 i cctexas.com Meeting Agenda - Final City Council Tuesday, September 13, 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 Kenneth Mutchler, Immanuel Fellowship. C. Pledge of Allegiance to the Flag of the United States to be led by Lawrence Mikolajczyk, Director of Solid Waste Operations. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 16-1086 Proclamation declaring September 13, 2016, "International Literacy Day". F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you 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. Corpus Christi Page 1 Printed on 9/12/2016 City Council Meeting Agenda-Final September 13,2016 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. 16-1085 Regular Meeting of August 30, 2016. Attachments: Minutes-August 30, 2016 I. BOARD &COMMITTEE APPOINTMENTS: 3. 16-1087 Animal Care Advisory Committee Corpus Christi Business Job and Development Corporation (Type A) Corpus Christi Convention and Visitors Bureau Attachments: Animal Care Advisory Committee.pdf Corpus Christi Business and Job Development Corporation (Type A).pdf Corpus Christi Convention and Visitors Bureau.pdf J. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting;such agendas are incorporated herein for reconsideration and action on any reconsidered item. K. CONSENT AGENDA: (ITEMS 4 - 12) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and Corpus Christi Page 2 Printed on 9/12/2016 City Council Meeting Agenda-Final September 13,2016 ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 4. 16-0985 Second Reading Ordinance - Rezoning property located at 8110 and 8520 Agnes Street(State Highway 44) (1st Reading 8/30/16) Case No. 0816-03 Rangeland Products Terminal, LLC: A change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit for a Heavy Industrial Use consisting of above ground storage tanks containing wholesale storage of fuels and lubricants. The subject property contains 189.1490 acres and is located at 8110 and 8520 Agnes Street (State Highway 44) between Agnes and Alpine Streets and between Chickery Street (unimproved) and Manning Road (County Road 53). Planninq Commission and Staff Recommendation: Approval of the change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit subject to eight conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Rangeland Products Terminal, LLC on behalf of Norma Lee Stockseth and Rafael Leal Cavazos ("Owners"), by changing the UDC Zoning Map in reference to a 189.1490-acre tract of land located on Agnes Street (State Highway 44)west of Manning Road, from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit for the wholesale storage of fuels and lubricants; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-0816-03 Rangeland Products Terminal, LLC Revised Ordinance- Rangeland Revised Presentation- Rangeland Products Terminal. LLC rev 8-24-16 Zoning Report Rangeland Products Terminal, LLC 8-25-16 Revised 0816-03 5. 16-1005 Second Reading Ordinance -Accepting and appropriating the FY 2015 Operation Stonegarden Grant Program (1st Reading 8/30/16 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of$280,000 from the State of Texas Governor's Homeland Security Grants Division for funding eligible under the FY2015 Department of Homeland Security Grant Program Operation Stonegarden to reimburse fuel, overtime, Corpus Christi Page 3 Printed on 911212016 City Council Meeting Agenda-Final September 13,2016 fringe benefits, and equipment expenditures for the Police Department's enforcement efforts to reduce border-security risk; and appropriating the $280,000 in the No. 1061 Police Grants Fund. Attachments: Agenda Memo-Operation Stonegarden 08.30.2016 Ordinance -Operation Stonegarden -2016 Statement of grant award 6. 16-0960 Second Reading Ordinance -Adoption of the 2015 International Property Maintenance Code (IPMC) (1st Reading 8/30/16) Ordinance amending the Corpus Christi Code of Ordinances Chapter 13, Article II to repeal the Corpus Christi Property Maintenance Code, and to adopt the International Property Maintenance Code, 2015 Edition; providing for severance; providing for penalties; providing for publication; and providing for effective date. Attachments: Agenda Memo-Adoption of 2015 IPMC.1 Proposed Ordinance-Adopting 2015 IPMC 8.24.16 7. 16-0969 Engineering Testing Agreement for Cefe F. Valenzuela Landfill FY 2016-2017 Groundwater Monitoring Motion authorizing the City Manager, or designee, to execute an engineering testing agreement with Tolunay-Wong Engineers, Inc. of Corpus Christi, Texas in the amount of$130,400 for the Cefe F. Valenzuela Landfill FY 2016-2017 Groundwater Monitoring. Attachments: Agenda Memo-Cefe F Valenzuela Groundwater Monitor Project Budget-Cefe Valenzuela Groundwater Monitoring with formulas Vicinity Map-Cefe Valenzuela Groundwater Monitoring Agreement-Cefe Valenzuela Form 1295 Tolunay Wong Presentation -Cefe Valenzuela FY 2016 to 2017 Groundwater Monitoring 8. 16-0970 Engineering Testing Agreement for J.C. Elliott Landfill FY 2016-2017 Groundwater Monitoring Motion authorizing the City Manager, or designee, to execute an engineering testing agreement with Tolunay-Wong Engineers, Inc. of Corpus Christi, Texas in the amount of$123,000 for the J.C. Elliott Landfill FY 2016-2017 Groundwater Monitoring. Corpus Christi Page 4 Printed on 9/12/2016 City Council Meeting Agenda-Final September 13,2016 Attachments: Agenda Memo-JC Elliott Groundwater Monitor Project Budget-JC Elliott Groundwater Monitoring with formulas Vicinity Map-JC Elliott Groundwater Monitoring Agreement-JC Elliott Form 1295 Tolunay Woong Presentation -JC Elliott FY 2016 to 2017 Groundwater Monitoring 9. 16-0978 Resolution for the acquisition of real property rights by eminent domain for the Creek View Drive Extension Project (Bond 2014, Proposition 2) Resolution of the City Council of the City of Corpus Christi, Texas (1) determining the public necessity and public use for the acquisition of a parcel of land by fee simple title, collectively known as Parcel 1, for a street improvement project known as the Creek View Drive Extension Project; (2) authorizing the City Manager or designee to negotiate and execute all documents necessary to acquire the property interests subject to availability of funds appropriated for such purposes; (3) authorizing the City Manager to institute condemnation by eminent domain proceedings to acquire the fee simple title in the property owned by the William E. McKinzie, Jr. Family Limited Partnership; (4) authorizing payment pursuant to an award by special commissioners; (5) authorizing acceptance and recording of appropriate legal instruments; and (6) approving condemnation for all units of property to be acquired by condemnation of the parcel described herein by a single record vote of the City Council. Attachments: Agenda Memo-Creek View Resolution -Creek View Vicinity Map-Creek View Drive Extension Agenda Presentation -Creek View 10. 16-0944 Engineering Master Services Agreement for Water System Process Control and Reliability Motion authorizing the City Manager, or designee, to executed a Master Service Agreement with LNV, Inc. of Corpus Christi, Texas in the amount of$300,000, for the Water System Process Control and Reliability project. This project is in the approved FY 2014-2015 Capital Improvement Plan. Corpus Christi Page 5 Printed on 9/12/2016 City Council Meeting Agenda-Final September 13,2016 Attachments: Agenda Memo-Water System Process Control.docx Project Budget-Water System Process Control.As Location Map-Water System Process Control.pdf Contract-Water System Process Control Presentation-Water System Process Control.pptx Form 1295-Water System Process Control.pdf 11. 16-0935 Annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Survey (USGS) Motion authorizing the City Manager or his designee to renew an annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Survey (USGS), U.S. Department of the Interior, for automated river gauging stations to gather and maintain accurate records of all inflows and releases in the City's water reservoir, with the City's cost to be $157,060. Attachments: Agenda Memo- USGS Agreement Contract- USGS Agreement 12. 16-0959 Construction and donation of new Water Line by Port of Corpus Christi Authority in Joe Fulton International Trade Corridor Resolution authorizing the City Manager, or designee, to enter into an agreement with the Port of Corpus Christi Authority (POCCA) for the POCAA to design, construct and donate at no cost to the City a new 16-inch water main of approximately 14,250 linear feet to be used by the City to extend potable water service in an expanded area of the Joe Fulton International Trade Corridor. Attachments: Agenda Memo-Water Line Agreement with POCCA Resolution -Water Line Agreement with POCCA Agreement-Water Line Agreement with POCCA L. EXECUTIVE SESSION: (ITEMS 13 - 16) 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. Corpus Christi Page 6 Printed on 911212016 City Council Meeting Agenda-Final September 13,2016 13. 16-1091 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. 14. 16-0637 Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to conveyance, lease, and sale of City property and pursuant to Texas Government Code § 551.072 to discuss and deliberate the purchase, exchange, lease, and value of real property located at Ben Garza Park and Gym when deliberation in open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. 15. 16-1092 Executive Session pursuant to Section 551.071 of the Texas Government Code and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to litigation related to the New Broadway Wastewater Treatment Plant, including Graham Construction Services, Inc. v. City of Corpus Christi. 16. 16-1094 Executive Session pursuant to Section Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the TxDOT Harbor Bridge Project and pursuant to Texas Governmentt Code § 551.072 to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person, related to the TxDOT Harbor Bridge Project. M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (ITEMS 17 - 18) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 17. 16-1015 Consideration of a Citizen Initiative to repeal the red light camera civil penalty Discussion and consideration of an ordinance proposed by citizens through initiative proceedings to repeal the red light camera civil penalty. Attachments: Agenda Memo- Initiative Red Light Camera Statement of Intent- Initiative Red Light Cameras 07-5-2016 Ordinance - Repealing 53-297(b)red light camera civil penalty per initiative Contract- Redflex Traffic Systems Fact Sheet-Red Light Camera to address loss of fee Corpus Christi Page 7 Printed on 9/12/2016 City Council Meeting Agenda-Final September 13,2016 18. 16-1042 Ordinance Adopting the Fiscal Year 2017 Property Tax Rate Ordinance setting a property tax rate of$0.606264 per $100 valuation which is effectively a 4.01% increase over the effective tax rate; and declaring an emergency. Attachments: Agenda Memo-Adopting the 2017 Ad Valorem Tax Rate Ordinance -Adopting the 2017 Ad Valorem Tax Rate O. SPECIAL BUDGET RELATED ITEMS: (ITEMS 19 - 21) 19. 16-1034 First Reading Ordinance -Adopting the City of Corpus Christi Operating Budget for Fiscal Year 2016-2017 Ordinance adopting the City of Corpus Christi operating budget for the fiscal year 2016-2017 beginning October 1, 2016; to be filed with the County Clerk; appropriating monies as provided in the budget; and providing for severance. Attachments: Agenda Memo-Adoption of FY 2016-2017 Operating Budget, 1st Reading Ordinance - FY 2016-2017 Budqet Schedule of Adjustments FY17v2 Presentation - FY2017 Budget 1st Reading 20. 16-0984 Resolution adding new rental and recreational use fees for fiscal year 2016-2017 Resolution adding new rental and recreational use fees for fiscal year 2016-2017 and providing for publication; effective date; and severance of the same. Attachments: Agenda Memo- FY17 New Fees Parks and Recreation Resolution -FY17 New Fees Parks Recreation Exhibit A-FY17 New Fees Parks and Recreation Proposed FY17 P&R Fee Schedule 21. 16-1014 First Reading Ordinance -Amending Chapter 21 of the Code of Ordinances Ordinance amending Chapter 21 of the Code of Ordinances regarding solid waste collection and disposal by clarifying definitions, combining sections, establishing a resource recovery fee for hazardous cart collection, and revising language where necessary; providing for severance, publication, and an effective date. Attachments: Agenda Memo-Solid Waste Ordinance Revisions .docx Ordinance -Chapter 21 Amendment vFinal 20160830 Corpus Christi Page 8 Printed on 9/12/2016 City Council Meeting Agenda-Final September 13,2016 P. FIRST READING ORDINANCES: (ITEMS 22 -27) 22. 16-1021 First Reading Ordinance -Accepting a grant for the 2017 Comprehensive Selective Traffic Enforcement Project (STEP) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of$120,482.80 for the 2017 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for Driving While Intoxicated (DWI), Speed enforcement, and distracted driving overtime, with a city match of $42,158.03, for a total project cost of$162,640.83 and appropriating $120,482.80 in the No. 1061 Police Grants Fund Attachments: Agenda Memo-STEP appropriation 09.13.2016 Ordinance - (STEP)grant 2016 2017-CorpusPD-S-1 YG-0054 23. 16-1032 First Reading Ordinance -Accepting a grant for the FY 2016 Edward Byrne Memorial Justice Assistance Grant(JAG) Program Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the U. S. Department of Justice, Bureau of Justice Assistance, in the amount of$163,004 for the FY 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and Appropriating the $163,004 in the No. 1061 Police Grants Fund to fund the enhancement of law enforcement efforts by the Police Department and Nueces County under an established interlocal agreement which provides that 50% of the funds be distributed to Nueces County. Attachments: Agenda Memo-JAG grant appropriation 09.13.2016 Ordinance - FY 2016 Edward Byrne Memorial Justice Assistance Grant- police AWARD REPORT 24. 16-1019 First Reading Ordinance -Accepting a grant of the Laboratory Response Network (LRN)-Public Health Emergency Preparedness (PNEP) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Community Preparedness Section - Laboratory Response Network - Public Health Emergency Preparedness (CPS-LRN-PHEP) grant in the amount of$201,123.00, increasing the total amount to $402,246.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund, to provide continued emergency preparedness laboratory services, for the amended contract period July 1, 2015, through June 30, 2017; appropriating the increased grant amount; and Corpus Christi Page 9 Printed on 9/12/2016 City Council Meeting Agenda-Final September 13,2016 ratifying acceptance of the amended grant agreement to begin June 1, 2016. Attachments: Agenda Memo- LRN-PHEP Odinance-Amending LRN-PHEP FY16 grant LRN-PHEP Contract No. 2016-001139-01 (Amend. 1)7-1-2015 to 7-1-2017 [Re 25. 16-1038 First Reading Ordinance - Construction contract for the East General Aviation (GA) Apron reconstruction at the Corpus Christi International Airport (CCIA) Ordinance appropriating $2,300,000.00 from the Federal Aviation Administration Grant No. 3-48-0051-053-2016 in the No. 3020 Airport Capital Improvement Fund for the East General Aviation (GA) Reconstruction; amending the FY 2015-2016 Capital Budget adopted by Ordinance No. 030621 by increasing revenues and expenditures $2,300,000.00; and authorizing the City Manager, or designee, to execute a construction contract with SpawGlass Construction of Houston, Texas in the amount of$3,310,376.93 for the Base Bid plus Additive Alternate One. Attachments: Agenda Memo - East GA Apron Reconstruction Ordinance -CCIA East GA Apron.docx Project Budget - East GA Apron Reconstruction.xls Location Map East GA Apron Reconstruction.pdf Presentation East GA Apron Reconstruction FAA Grant Award Letter 8.24.2016.pdf Form 1295-SpawGlass for East GA Apron Reconstruction.pdf 26. 16-0752 First Reading Ordinance - Type A Grant for Texas A&M University-Corpus Christi to expand undergraduate degrees in civil and industrial engineering Ordinance approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Texas A&M University - Corpus Christi to provide a grant of$2,000,000 to expand its undergraduate degrees in civil and industrial engineering and authorizing the City Manager, or designee, to execute a Business Incentive Project Service Agreement with the Type A Corporation regarding implementation and administration of the Texas A&M University - Corpus Christi Business Incentive Agreement; and appropriating $2,000,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to Texas A&M University - Corpus Christi and changing the FY 2015-2016 operating budget, adopted by Ordinance No. 030620, by increasing proposed expenditures by $2,000,000. Corpus Christi Page 10 Printed on 9/12/2016 City Council Meeting Agenda-Final September 13,2016 Attachments: Agenda Memo-Texas A&M Ordinance -TAMU-CC Agreement-TAMU-CC Business Support Agreement-TAMU-CC 05 02 16 27. 16-1024 First Reading Ordinance - Transferring utility easements on City-owned tracts to AEP Texas/Electric Transmission Texas, LLC, for construction of a 138 kilovolt electric power transmission line Ordinance authorizing the City Manager to execute all documents to transfer utility easements on City-owned tracts at Flour Bluff Drive & Division Road and State Highway 358 at McDonald Street to AEP Texas/Electric Transmission Texas, LLC, for construction of a 138 kilovolt electric power transmission line along Flour Bluff Drive between the Barney Davis Substation to Naval Base Substation near Naval Air Station Corpus Christi in exchange for said entities' construction of portions of said transmission line underground for the purpose of reducing potential conflicts with flight operations. Attachments: Agenda Memo-V 2 authorizing utility easements Ordinance -authorizing utility easements NB34a Tract 34a City of Corpus Christi NB53 Report Tract 53 City of Corpus Christi Map- Route 11 Underground Q. RECESS TO CORPORATION MEETING: (ITEM 28) 28. 16-0994 Annual Board of Directors Meeting of the Corpus Christi Community Improvement Corporation Annual Board of Directors Meeting of the Corpus Christi Community Improvement Corporation (CCCIC) Attachments: Agenda Memo for CCCIC Board Meeting 08-2016 CCCIC Board Meeting Agenda Minutes-September 8, 2015 CCCIC Treasurer's Report 07.31.16 CCCIC BVLaws Loan Review Committee Bylaws CCCIC Loan Review Committee Packet R. RECONVENE CITY COUNCIL MEETING: S. FUTURE AGENDA ITEMS: (ITEMS 29 -40) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. Corpus Christi Page 11 Printed on 9/12/2016 City Council Meeting Agenda-Final September 13,2016 29. 16-1031 Motion approving lease-purchase of 11 Ford Escape vehicles Motion approving the lease-purchase of 11 Ford Escape vehicles from Caldwell Country Ford-Chevrolet, Caldwell, Texas for a total amount not to exceed $236,374.15. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative (TLGPC), dba BuyBoard. Total Lease-Purchase Price: $221,511.00 Total Allowable Interest for Lease: $14,863.15 Grand Total: $236,374.15 Attachments: Agenda Memo- Ford Escape Vehicles Price Sheet- Ford Escape Vehicles 30. 16-1033 Motion approving the supply agreement for Fire Department medications Motion approving the Supply Agreement for Fire Department Medications from Life-Assist, Inc. Rancho Cordova, California for a total contract amount of$163,867.84. The award is based on the lowest, responsive, responsible bidder. Funds have been budgeted by the Fire Department in FY 2016-2017. The term of this contract will be for one year. Attachments: Agenda Memo- Fire Department Medications Bid Tab- Fire Department Medications Supply Agreement- Fire Department Medications Form 1295-Fire Department Medications.pdf 31. 16-0986 Service Agreement for Palm Tree Trimming Motion approving the Service Agreement for Palm Tree Trimming Services from Woodstock Tree Surgeons Corpus Christi, Texas for a total amount of$148,605.00. The award is based on the lowest, responsive, responsible bidder. Funds have been budgeted by the Parks and Recreation Department in FY 2016-2017. The term of this contract will be for 12 months with options to extend for four additional 12 month periods, at the sole discretion of the City. Attachments: Agenda Memo- Palm Tree Trimming Bid Tabulation Sheet-Palm Tree Trimming Service Agreement- Palm Tree Trimming Form 1295-Palm Tree Trimminq.pdf 32. 16-1068 Approving a Manager-At-Risk Agreement for the Construction of Fire Station 18 (Bond 2008, Proposition 2) Corpus Christi Page 12 Printed on 9/12/2016 City Council Meeting Agenda-Final September 13,2016 Motion authorizing the City Manager or designee to execute a Construction Manager-At-Risk (CMAR) Agreement with Barcom Construction of Corpus Christi, Texas in the amount not to exceed $1,800,000 for the New Fire Station No. 18. (Bond 2008, Proposition 2) Attachments: Agenda Memo- New Fire Station 18 Prosect Budget- New Fire Station 18 Location Map-5246 New Fire Station Form 1295 Barcom Presentation - New Fire Station 18 33. 16-1030 Contract for base bid for the Ocean Drive Park Improvements - Swanter Park (Bond 2012, Proposition 4) Motion authorizing the City Manager, or designee, to execute a construction contract with DMB Construction of Corpus Christi, Texas in the amount of$842,006.56 for the Ocean Drive Park Improvements - Swantner Park for the Base Bid. (Bond 2012, Proposition 4) Attachments: Agenda Memo Swanter Park Construction.docx Project Budget - Swanter Park Construction.As Location Map Swantner Park Construction.pdf Presentation Swantner Park.pptx Form 1295-DMB Construction -Swantner Park.pdf 34. 16-0847 Engineering Design Services Contract for Flato Road from Agnes Street to Bates Road (Bond 2014, Proposition 2) Motion authorizing the City Manager, or designee, to execute a contract for engineering design services with CH2M Hill Engineers, Inc. of Corpus Christi, Texas in the amount of$488,862.00 for the Flato Road from Agnes Street to Bates Road project. (BOND 2014 Proposition 2) Attachments: Agenda Memo- Flato Road Project Budget- Flato Road Location Map- Flato Road Contract-CH2M Hill Presentation Flato Road 35. 16-1035 Advance Funding Agreement for the construction on Holly Road from State Highway (SH) 286 to Greenwood Dr(Bond 2012 Propostion 1) Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the construction on Holly Road from State Highway (SH) 286 to Greenwood Drive (Bond 2012 Proposition 1) with the City's local participation in the amount of$50,000 for reimbursement Corpus Christi Page 13 Printed on 9/12/2016 City Council Meeting Agenda-Final September 13,2016 of direct state costs. Attachments: Agenda Memo- Holly Road Imps from SH286 to Greenwood.docx Resolution -Holly Road Imps from SH286 to Greenwood.docx Project Budget- Holly Road Imps from SH286 to Greenwood.xlsx Advance Funding Agreement- Holly Road Imps from SH286 to Greenwood.pdf Location Map- Holly Road Imps from SH286 to Greenwood.pdf Presentation - Holly Road Imps from SH286 to Greenwood.pptx 36. 16-1039 Professional Services Agreements to provide necessary staff support for engineering services Motion authorizing the City Manager, or designee, to execute the Professional Services Agreements (PSAs) totaling in the amount of $994,578 to provide Engineering staff support for executing the Bond and CIP programs. Attachments: Agenda Memo-Staff Support Amendment No. 1 to Agreement- RHI Amendment No. 1 to Agreement- FNI Amendment No. 1 to Agreement- Naismith Amendment No. 2 to Agreement-Centerline Amendment No. 2 to Agreement- LWG Amendment No. 2 to Agreement-Vicki Marsden Master Services Agreement-Tom Niskala revised Form 1295-Shackelford Form 1295-FNI Form 1295-Naismith Form 1295-Centerline Right of Way Services Form 1295-LW Gurley Form 1295-Vicki Marsden Form 1295-Tom Niskala 37. 16-1009 Approving the lease-purchase of two Aerial Bucket Trucks Motion approving the lease-purchase of two Aerial Bucket Trucks from Grande Truck Center, of San Antonio, Texas for a total amount not to exceed $207,558.68. Each bucket truck will be equipped with a hydraulic boom, end mount basket and necessary safety equipment. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative (TLGPC), dba BuyBoard. Funds will be budgeted by the Information Technology Department. Total Lease-Purchase Price: $194,450.20 Corpus Christi Page 14 Printed on 9/12/2016 City Council Meeting Agenda-Final September 13,2016 Total Allowable Interest for Lease: $13,108.48 Grand Total: $207,558.68 Attachments: Agenda Memo-Aerial Bucket Trucks Price Sheet-Aerial Bucket Trucks COF-Aerial Bucket Trucks 38. 16-0763 Construction Contract for Cefe Valenzuela Outfall Modifications Motion authorizing the City Manager, or designee, to execute a construction contract with Bridges Specialties, Inc. of Robstown, Texas in the amount of$151,783.50 for the Cefe Valenzuela Outfall Modifications for the total base bid. Attachments: Agenda Memo-Cefe Outfall Mods Prosect Budget- Cefe Valenzuela Outfall Form 1295 Bridges Specialties Location Map-Cefe Valenzuela Outfall Presentation -Cefe Valenzuela Outfall 39. 16-0887 Resolution approving a Type A Grant for LiftFund, Inc. Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and LiftFund, Inc. (LiftFund) to provide grant up to $250,000 for their loan buy-down program to assist small businesses and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the Small Business Incentives Agreement. Attachments: Agenda Memo- LiftFund Resolution -LiftFund Agreement- LiftFund Prosect Support Agreement- LiftFund 40. 16-0889 Resolution approving Type A Grant for Service Corps of Retired Executives (SCORE) Chapter 221 Resolution approving an amended Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Service Corps of Retired Executives (SCORE) Chapter 221 to provide a grant up to $52,600 for their small business assistance program and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the Small Business Incentives Agreement. Corpus Christi Page 15 Printed on 9/12/2016 City Council Meeting Agenda-Final September 13,2016 Attachments: Agenda Memo-Score Resolution -SCORE Agreement-SCORE Project Support Agreement-SCORE T. BRIEFINGS: (ITEM 41) 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. 41. 16-1044 Revised Draft of Plan CC, the City's Proposed Comprehensive Plan *This item will be presented at approximately 2:00 p.m.* Attachments: Agenda Memo- Plan CC Council Briefing Presentation- Plan CC Council Briefing Plan CC PC Recommendation Changes Shown Plan CC PC Recommendation Clean U. ADJOURNMENT Corpus Christi Page 16 Printed on 911212016 Cornus Christi 1201 Leopard Street F' Corpus Christi,TX 78401 y cctexas.com Meeting Minutes City Council Tuesday,August 30, 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 Reverend John Hardie, St. Mark's Episcopal Church. Reverend John Hardie gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Mike Markle, Chief of Police. Police Chief Mike Markle 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 1. Proclamation declaring September 10, 2016, "2016 Alzheimer's Association Walk to End Alzheimers Day". Proclamation declaring September 11, 2016, "9/11 Day of Service and Remembrance". Proclamation declaring September 2016, "Attendance Counts Awareness Month". Proclamation declaring September 2016, "Childhood Cancer Corpus Christi Page 1 Printed on 9/8/2016 City Council Meeting Minutes August 30, 2016 Awareness Month" and September 8, 2016, "Childhood Cancer Awareness Day". Commendation to Errol Summerlin. Federal Emergency Management Agency (FEMA) Community Rating System Certification for Floodplain Management. Swearing-in Ceremony for Newly Appointed Board, Commission and Committee Members. Mayor Martinez presented the proclamations; a Certificate of Commendation; and conducted the swearing-in ceremony for a newly appointed committee member. (Note: The Federal Emergency Management Agency(FEMA)Community Rating System Certification for Floodplain Management was presented later in the meeting.) 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 referred to comments from the public.Jack Gordy,4118 Bray, spoke regarding the following topics: council members that may be violating state law by having obscured Texas license plates and the City Council's unwillingness to place an item on the agenda to remove the palm trees on Airline Road. Ron Navarro, 1414 Peabody Avenue,thanked the City Council for honoring Errol Summerlin with a Certificate of Commendation. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Martinez referred to City Manager's Comments. City Manager Margie C. Rose reported on the following topics: a. OTHER 1) Rainfall in the northern watershed is having a positive impact on the City's reservior levels.As of today, Choke Canyon Reservoir is at 43.7% of capacity, which is 8% increase over last month; Lake Corpus Christi is at 81.3% of capacity,which is an 18% increase over last month; and Lake Texana continues to be at a capacity of 101.3%. City Manager Rose stated that even though the rains have provided some additional water capacity,the City continues to encourage water conservation.2) For the 11th year, the National Weather Service has designated the City of Corpus Christi as part of the Storm-Ready Program.John Metz, National Weather Service provided information on the Storm-Ready Program and commended the City of Corpus Christi for their outstanding efforts in being recognized as a Storm-Ready Community. 3)City Manager Rose announced the appointment of Edgar Leonard as Director of Facilities and Property Management. Corpus Christi Page 2 Printed on 9/8/2016 City Council Meeting Minutes August 30, 2016 H. MINUTES: 2. Regular Meeting of August 23, 2016. Mayor Martinez referred to approval of the minutes. Council Member Garza made a motion to approve the minutes,seconded by Council Member Scott and passed unanimously. I. BOARD &COMMITTEE APPOINTMENTS: (NONE) J. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 3 - 11) Approval of the Consent Agenda Mayor Martinez referred to the Consent Agenda. There were no comments from the Council or the public. A motion was made by Council Member Magill, seconded by Council Member Garza, to approve the Consent Agenda. The consent agenda items were approved by one vote as follows: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 3. Resolution in support of Residential Street Reconstruction Test Projects Resolution authorizing the City Manager or designee to proceed with the Residential Street Reconstruction Test Project to gather pricing and scoping information in order to develop a Residential Street Reconstruction Program. This Resolution was passed on the Consent Agenda. Enactment No: 030938 4. Second Reading Ordinance -Various Amendments to the Unified Development Code (1st Reading 8/23/16) Ordinance amending the Unified Development Code by revising subsection 4.2.5.13 "Types of Yards", table 4.6.2 "Permitted Uses (Industrial Districts)" , table 4.6.3 "Nonresidential Use (Industrial Districts)", subsection 5.3.2.D "Garages, Private", subsection 7.9.5 "Zoning District Buffer Yard- New Development", subsection 7.9.6 Corpus Christi Page 3 Printed on 9/8/2016 City Council Meeting Minutes August 30, 2016 "Zoning District Buffer Yard- Redevelopment", subsection 9.5.2. "Authority to Utilize for Single-Family Residence", subsection 9.5.3 "Regulations for Single-Family Use of Nonconforming Lots" and subsection 3.25.2 "Review Process"; providing for severance; providing for penalties; and providing for publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030939 5. Second Reading Ordinance - Rezoning property located at 14101 Commodores Drive (1st Reading 8/23/16) Case No. 0716-05 Oceanic B.C., LLC: A change of zoning from the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay to the "RS-TH/PUD" Townhouse District with a revised Planned Unit Development Overlay. The property is described as Lot 21, Block 34, Island Fairway Estates, located west of South Padre Island Drive (Park Road 22) on the southern corner of Commodores Drive and Aquarius Street. Planning Commission and Staff Recommendation (July 27, 2016): Approval of the change of zoning from the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay to the "RS-TH/PUD" Townhouse District with a revised Planned Unit Development Overlay, subject to ten conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Oceanic B.C., LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 21, Block 34, Island Fairway Estates, from the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay to the "RS-TH/PUD" Townhouse District with a revised Planned Unit Development Overlay; 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: 030940 6. Second Reading Ordinance - Rezoning property located at 1021 Agnes Street (1st Reading 8/23/16) Case No. 0716-07 V&M Equity Properties, LLC: A change of zoning from the "Cl" Intensive Commercial District and "RM-3" Multifamily 3 District to the "CI/SP" Intensive Commercial District with a Special Permit for a warehouse facility. The property is described as Lot 10A, Block 10 Chamberlin's Subdivision, located on the south side of Agnes Corpus Christi Page 4 Printed on 9/8/2016 City Council Meeting Minutes August 30, 2016 Street between South Staples Street and King Street. Planning Commission and Staff Recommendation (July 27, 2016): Approval of the change of zoning from the "Cl" Intensive Commercial District and the "RM-3" Multifamily 3 District to the "CI/SP" Intensive Commercial District with a Special Permit for a warehouse facility, subject to the Owner meeting the requirements of the Unified Development Code and nine conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by V&M Equity Properties, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 10A, Block 10 Chamberlin's Subdivision, from the "Cl" Intensive Commercial District and "RM-3" Multifamily 3 District to the "CI/SP" Intensive Commercial District with a Special Permit for a warehouse facility; 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: 030941 7. Second Reading Ordinance - Rezoning property located at 630 Robinson Street (1st Reading 8/23/16) Case No. 0716-03 Corpus Christi Hope House, Inc.: A change of zoning from the "RM-1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use. The property is described as Lot 8 and the east 20 feet of Lot 9, Block 38, Lindale Park Subdivision Section 4, located on the west side of Robinson Street between Swantner Drive and Reid Drive. Planning Commission and Staff Recommendation (July 13, 2016): Denial of the change of zoning from the "RM-1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use, subject to seven conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Corpus Christi Hope House, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Lot 8 and the east 20 feet of Lot 9, Block 38, Lindale Park Subdivision Section 4, from the "RM-1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause Corpus Christi Page 5 Printed on 9/8/2016 City Council Meeting Minutes August 30, 2016 and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030942 8. Second Reading Ordinance - Rezoning property located at 658 Robinson Street (1st Reading 8/23/16) Case No. 0716-04 Corpus Christi Hope House, Inc.: A change of zoning from the "RM-1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use. The property is described as being the west or southwest portion of Lot 14 and all of Lot 15, Block 38, Lindale Park Subdivision Section 4, located on the northwest corner of Robinson Street and Swantner Drive. Planning Commission and Staff Recommendation (July 27, 2016): Denial of the change of zoning from the "RM-1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use, subject to six conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Corpus Christi Hope House, Inc. ("Owner"), by changing the UDC Zoning Map in reference to the west or southwest portion of Lot 14 and all of Lot 15, Block 38, Lindale Park Subdivision Section 4, from the "RM-1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use; 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: 030943 9. Second Reading Ordinance -Amending the Code of Ordinances regarding the Parking Advisory Committee (1st Reading 8/23/16) Ordinance amending Section 53-196 Parking Advisory Committee of the Corpus Christi Code of Ordinance to update membership composition; providing for severence and an effective date. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030944 10. Second Reading Ordinance -Accepting and appropriating a grant to purchase equipment for the Emerging Robotics team (1st Reading 8/23/16) Corpus Christi Page 6 Printed on 9/8/2016 City Council Meeting Minutes August 30, 2016 Ordinance authorizing the City Manager or designee to accept a grant from NuStar Energy L. P. in the amount of$2,500 to purchase equipment for the Emerging Robotics team; and appropriating $2,500 from NuStar Energy L.P. into the No. 1062 Fire Grant Fund to be used specifically to purchase equipment for the Emerging Robotics team. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030945 11. Second Reading Ordinance -Accepting and appropriating a Regional Grant for the Web Based Emergency Operations Center (WebEOC) (1st Reading 8/23/16) Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $15,000 for the benefit of the City's WebEOC operations; and appropriating $15,000 from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grant Fund to purchase equipment, services, technical support, training, and travel for the Corpus Christi Fire Department's WebEOC. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030946 M. PUBLIC HEARINGS: (ITEMS 13 - 15) 13. Public Hearing on Fiscal Year 2017 Ad Valorem Tax Rate Mayor Martinez deviated from the agenda and referred to Item 13. Director of Financial Services Constance Sanchez stated that the purpose of this item is to hold the second public hearing regarding the FY2017 Ad Valorem Tax Rate of $0.606264 per$100 valuation. The tax rate being proposed is the same as the current tax rate. Mayor Martinez opened the public hearing. There were no comments from the Council or the public. Mayor Martinez closed the public hearing. Mayor Martinez announced the following statement"During the September 13, 2016 City Council meeting beginning at 11:30 a.m. at City Hall,the City Council will vote on the proposed property tax rate." 14. Public Hearing and First Reading Ordinance - Rezoning property located at 8110 and 8520 Agnes Street(State Highway 44) Case No. 0816-03 Rangeland Products Terminal, LLC: A change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit for a Heavy Industrial Use consisting of above ground storage tanks containing wholesale storage Corpus Christi Page 7 Printed on 9/8/2016 City Council Meeting Minutes August 30, 2016 of fuels and lubricants. The subject property contains 189.1490 acres and is located at 8110 and 8520 Agnes Street (State Highway 44) between Agnes and Alpine Streets and between Chickery Street (unimproved) and Manning Road (County Road 53). Planning Commission and Staff Recommendation: Approval of the change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit subject to eight conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Rangeland Products Terminal, LLC on behalf of Norma Lee Stockseth and Rafael Leal Cavazos ("Owners"), by changing the UDC Zoning Map in reference to a 189.1490-acre tract of land located on Agnes Street (State Highway 44) west of Manning Road, from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit for the wholesale storage of fuels and lubricants; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 14.Assistant Director of Development Services Julio Dimas stated that the purpose of this item is to rezone the subject property to allow for heavy industrial use,specifically for the wholesale storage of fuels and lubricants, in a light industrial zoning district by Special Permit. Mr. Dimas stated that the Planning Commission and staff are in favor of the zoning change. Mayor Martinez opened the public hearing. There were no comments from the Council or the public. Mayor Martinez closed the public hearing. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Garza. 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 15. Public Hearing on Fiscal Year 2016-2017 Operating Budget Public hearing for the City of Corpus Christi Fiscal Year 2016-2017 Operating Budget for August 30, 2016 during the regular City Council meeting beginning at 11:30 am at City Hall, 1201 Leopard Street, Corpus Christi, Texas. This budget will raise more total property taxes than last year's budget by $5,119,202 (General Fund $3,138,202 Debt Service Fund $1,981,000), or 4.8%, and of that amount an estimated $2,436,281 is tax revenue to be raised from new property added to the Corpus Christi Page 8 Printed on 9/8/2016 City Council Meeting Minutes August 30, 2016 tax roll this year. Mayor Martinez referred to Item 15. Interim Assistant Director of Management and Budget Christine Garza stated that the purpose of this item is to hold a public hearing on the FY2017 Operating Budget. Ms. Garza presented the following information:the guiding fiscal principles;the City of Corpus Christi's mission and mission elements;the total number of full-time equivalents;the total revenue and expenditures;the general fund decision packages recommended for approval;the five-year property tax rates;the projected change in fund balance for the General Fund, Internal Service Funds, Special Revenue Funds, and Enterprise Funds; a summary of the schedule of adjustments; and the key dates for adoption of the operating budget. Mayor Martinez opened the public hearing. There were no comments from the public. Mayor Martinez closed the public hearing. Council members spoke regarding the following topics: an explanation of the increase in property tax generated by new properties;the underestimated revenues for the red-light camera program; benefits of the red-light camera system and comprehensive review of the program; an explanation of the location of red-light cameras; recognition of the IT department for realizing a savings which allowed funding of step increases;future consideration to review the difference in step increase percentages by tier of compensation; discussion during last year's budget to make step increases a policy as opposed to a decision package; a breakdown of the percentage of employees that receive the full step increase versus less than the full step increase; consideration during next year's financial policies discussion to increase the portion of the tax rate going to operations and maintenance,thereby giving the organization the ability to pay employees adequately and provide opportunities to increase public safety, deferred maintenance and capital improvement projects; and the appropriate balance of operations to debt payments. N. REGULAR AGENDA: (ITEM 16) 16. Approving the FY2016-2017 HOME Program set-aside funds Motion to approve the FY2016-2017 HOME Program set-aside funds in the amount of$231,634 and award the funding to Calallen Apartments. Mayor Martinez referred to Item 16. Director of Housing and Community Development Rudy Bentancourt stated that the developer has withdrawn its request for HOME Program funds. The developer has not withdrawn its request to proceed with the project. This Motion was withdrawn. O. FIRST READING ORDINANCES: (ITEMS 17 - 18) 17. First Reading Ordinance -Accepting and appropriating the FY 2015 Operation Stonegarden Grant Program Ordinance authorizing the City Manager or designee to execute all Corpus Christi Page 9 Printed on 9/8/2016 City Council Meeting Minutes August 30, 2016 documents necessary to accept a grant in the amount of$280,000 from the State of Texas Governor's Homeland Security Grants Division for funding eligible under the FY2015 Department of Homeland Security Grant Program Operation Stonegarden to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's enforcement efforts to reduce border-security risk; and appropriating the $280,000 in the No. 1061 Police Grants Fund. Mayor Martinez referred to Item 17. Police Chief Mike Markle stated that the purpose of this item is to accept the FY2015 Operation Stonegarden Grant from the State of Texas Governor's Homeland Security Grants Division in the amount of$280,000. The grant will pay for overtime, fringe benefits, and equipment expenditures. 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: 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 18. First Reading Ordinance -Adoption of the 2015 International Property Maintenance Code (IPMC) Ordinance amending the Corpus Christi Code of Ordinances Chapter 13, Article II to repeal the Corpus Christi Property Maintenance Code, and to adopt the International Property Maintenance Code, 2015 Edition; providing for severance; providing for penalties; providing for publication; and providing for effective date. Mayor Martinez referred to Item 18. Police Chief Mike Markle stated that the purpose of this item is to amend the City of Corpus Christi's Code of Ordinance to repeal the Corpus Christi Property Maintenance Code and to adopt the 2015 International Property Maintenance Code. Mayor Martinez called for comments from the public.John Kelley, 3621 Austin, asked the City Council to review the sections of the code regarding which property owner is responsible for tree limbs encroaching onto an adjacent property. Council members and staff discussed the following topics: maintenance of trees by property owners; public toilet facilities;simplifying the language in the utility insert provided to utility customers regarding Code Enforcement requirements; and the difference between criminal and civil actions regarding Code Enforcement-related issues. Council Member Vaughn made a motion to approve the ordinance,seconded by Council Member McIntyre. This Ordinance was passed on first reading and approved with the following vote: Corpus Christi Page 10 Printed on 9/8/2016 City Council Meeting Minutes August 30, 2016 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 E. Proclamations /Commendations 1. Proclamation declaring September 10, 2016, "2016 Alzheimer's Association Walk to End Alzheimers Day". Proclamation declaring September 11, 2016, "9/11 Day of Service and Remembrance". Proclamation declaring September 2016, "Attendance Counts Awareness Month". Proclamation declaring September 2016, "Childhood Cancer Awareness Month" and September 8, 2016, "Childhood Cancer Awareness Day". Commendation to Errol Summerlin. Federal Emergency Management Agency (FEMA) Community Rating System Certification for Floodplain Management. Swearing-in Ceremony for Newly Appointed Board, Commission and Committee Members. Mayor Martinez deviated from the agenda and referred to Item 1, Federal Emergency Management Agency(FEMA)Community Rating System Certification for Floodplain Management. FEMA representative Larry Voice presented the Development Services Department with an award for the City of Corpus Christi's participation in FEMA's Community Rating System(CRS). P. FUTURE AGENDA ITEMS: (ITEMS 19 - 24) Mayor Martinez referred to Future Agenda Items. City Manager Margie C. Rose stated that staff had planned presentations on Items 21 and 22. 19. Engineering Testing Agreement for Cefe F. Valenzuela Landfill FY 2016-2017 Groundwater Monitoring Motion authorizing the City Manager, or designee, to execute an engineering testing agreement with Tolunay-Wong Engineers, Inc. of Corpus Christi, Texas in the amount of$130,400 for the Cefe F. Valenzuela Landfill FY 2016-2017 Groundwater Monitoring. This Motion was recommended to the consent agenda. 20. Engineering Testing Agreement for J.C. Elliott Landfill FY 2016-2017 Groundwater Monitoring Motion authorizing the City Manager, or designee, to execute an engineering testing agreement with Tolunay-Wong Engineers, Inc. of Corpus Christi Page 11 Printed on 9/8/2016 City Council Meeting Minutes August 30, 2016 Corpus Christi, Texas in the amount of$123,000 for the J.C. Elliott Landfill FY 2016-2017 Groundwater Monitoring. This Motion was recommended to the consent agenda. 21. Resolution for the acquisition of real property rights by eminent domain for the Creek View Drive Extension Project (Bond 2014, Proposition 2) Resolution of the City Council of the City of Corpus Christi, Texas (1) determining the public necessity and public use for the acquisition of a parcel of land by fee simple title, collectively known as Parcel 1, for a street improvement project known as the Creek View Drive Extension Project; (2) authorizing the City Manager or designee to negotiate and execute all documents necessary to acquire the property interests subject to availability of funds appropriated for such purposes; (3) authorizing the City Manager to institute condemnation by eminent domain proceedings to acquire the fee simple title in the property owned by the William E. McKinzie, Jr. Family Limited Partnership; (4) authorizing payment pursuant to an award by special commissioners; (5) authorizing acceptance and recording of appropriate legal instruments; and (6) approving condemnation for all units of property to be acquired by condemnation of the parcel described herein by a single record vote of the City Council. This Resolution was recommended to the consent agenda. 22. Engineering Master Services Agreement for Water System Process Control and Reliability Motion authorizing the City Manager, or designee, to executed a Master Service Agreement with LNV, Inc. of Corpus Christi, Texas in the amount of$300,000, for the Water System Process Control and Reliability project. This project is in the approved FY 2014-2015 Capital Improvement Plan. This Motion was recommended to the consent agenda. 23. Annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Survey (USGS) Motion authorizing the City Manager or his designee to renew an annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Survey (USGS), U.S. Department of the Interior, for automated river gauging stations to gather and maintain accurate records of all inflows and releases in the City's water reservoir, with the City's cost to be $157,060. This Motion was recommended to the consent agenda. Corpus Christi Page 12 Printed on 9/8/2016 City Council Meeting Minutes August 30, 2016 24. Construction and donation of new Water Line by Port of Corpus Christi Authority in Joe Fulton International Trade Corridor Resolution authorizing the City Manager, or designee, to enter into an agreement with the Port of Corpus Christi Authority (POCCA) for the POCAA to design, construct and donate at no cost to the City a new 16-inch water main of approximately 14,250 linear feet to be used by the City to extend potable water service in an expanded area of the Joe Fulton International Trade Corridor. This Resolution was recommended to the consent agenda. Q. FUTURE BOARD MEETING: (ITEM 25) 25. Annual Board of Directors Meeting of the Corpus Christi Community Improvement Corporation Annual Board of Directors Meeting of the Corpus Christi Community Improvement Corporation This Corporation Meeting was recommended to be held. L. EXECUTIVE SESSION: (ITEM 12) Mayor Martinez deviated from the agenda and referred to the day's executive session. The Council went into executive session. 12. 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. R. BRIEFINGS: (ITEM 26) 26. Water Supply (Discovery) - Demands Mayor Martinez referred to Item 26.Assistant City Manager Mark Van Vleck introduced the presentation team and topics: Kristi Shaw, HDR Engineering, discussed the changes to water demands; Ray Allen, Coastal Bend Bays & Estuaries, addressed fresh water inflows; Rocky Freund, Nueces River Authority, addressed current environmental flow requirements and calculations;Water Resources Project Manager Larijai Frances; and Major Projects Engineer Bill Green. Assistant City Manager Van Vleck stated that the purpose of this item is to discuss water supply demands as part of the 3D process (Discover, Discuss, and Decide). Kristi Shaw presented the following information regarding alternative demand projections:the two different demand scenarios previously presented at the July 19th Council meeting, Scenario 1, based on Texas Water Development Corpus Christi Page 13 Printed on 9/8/2016 City Council Meeting Minutes August 30, 2016 Board projects and Scenario 2, current industrial projections; City Council's request for an alternative scenario, Scenario 3, based on Dr. Lee's projections of a population growth of 1%annually; and a chart summarizing the range of water demands. Assistant City Manager Van Vleck presented: acronyms relevant to the presentation; a background of the Nueces Estuary Advisory Council (NEAC); the water rights permit of 1976; and significant changes since the 1976 water rights permit. Ray Allen presented the following information regarding freshwater inflows: a location map of the Nueces River and Estuary; a history of the reservoirs; changes in freshwater inflows;the benefits of freshwater inflows; environmental flows;the attributes of a sound ecological environment;what freshwater inflows do in the Nueces Estuary;the importance of salinity;the Senate Bill 3 process;studies and research since Choke Canyon; and key points and findings. Rocky Freund provided the following information regarding pass-through requirements of the Agreed Order: a graphic of the entire watershed of the Nueces Basin;the pass-through requirement; how targets are determined; annual total targets; measured inflow into the reservoir system;frequently asked questions; how salinity levels in Nueces Bay affect the target amount; whether the City has ever received salinity relief credits; a graphic of the targets, actual pass-through requirements and reservoir levels;total water use by year; and an explanation of the daily reservoir system and pass-through status report,stream flow report, and inflow and estuary inflows and pass-through requirements. Assistant City Manager Van Vleck provided a brief overview of the Nueces River Authority's web site to view daily and monthly inflows and pass-through reports.Assistant City Manager Van Vleck highlighted the four objectives for managing the reservor system: 1) protect the integrity of the dams;2) maximize the supply of water; 3)minimizing flooding downstream of the reservoirs to the extent possible; and 4)address the health of the estuary through fresh water inflows. Council members spoke regarding the following topics: municipal demand projections;the reduction of freshwater inflows; how the target amount is determined;future reference to include annual targets related to the combined water system;water releases are not reducing water levels;water levels are lost due to evaporation;the current water levels at Choke Canyon;who has senior water rights for the Colorado River;stream flow at the Colorado River; return flow credit of 500-acre feet; what the City can do as part of the wastewater consolidation process to improve the return flow credit;whether population growth and increased consumption is reflected in the return flow credits in the future; utilizing effluent as a revenue source to offset the cost of wastewater;when the ribbon cutting will take place for Mary Rhodes Pipeline Phase II; an additional workshop on water supply; discharge associated with wastewater treatment plants; areas where wastewater outfall is more beneficial; demands on treated effluent; and the benefits of the consolidated wastewater treatment plant process. S. ADJOURNMENT Corpus Christi Page 14 Printed on 9/8/2016 City Council Meeting Minutes August 30, 2016 The meeting was adjourned at 3:49 p.m. Corpus Christi Page 15 Printed on 9/8/2016 City Of Corpus Christi ANIMAL CARE ADVISORY COMMITTEE BOARD DETAILS SIZE 71F C. The Animal Care Advisory Committee advises the City Council and City TERM LENGTH 3 Years Manager on all aspects of animal control OVERVIEW TERM LIMIT 6 Yearsincluding fees, staffing, ordinances, procedures and policies and facilities. The jurisdiction and actions of the Committee shall be advisory only. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION It shall consist of seven (7)members.Terms will be for three-years.At least one F-�'k member shall be a veterinarian.Two members shall be members of local animal welfare organizations(at least one of the organizations must operate an animal shelter).The remaining four members shall represent the community at-large.All members shall serve until their successors are appointed and qualified and each DETAILS shall be a resident of the City.The City Manager or his representative and the Animal Care Services Manager shall serve as ex-officio members of the Committee without vote.The Committee,by majority vote,shall elect its own Chairman who shall preside at all meetings of the Committee and a Vice- Chairman who shall act as president in the absence of the Chairman.The Animal Care Services Manager or his designated representative shall serve as the secretary of the Committee.The Animal Care Advisory Committee is designated as the Animal Shelter Committee required by the Health and Safety Code. ............................................................................................................................................................................................................................................................................................................................... CREATION/AUTHORITY Section 2-115, Code of Ordinances.Ord. Nos. 14214-2/22/78; 17573-4/20/83; 17748-7/27/83;20294-5/3/88;024461 -5/22/01; 030405- 1/20/15. _.............................................................................................................................................................................................................................................................................................................................. MEETS 3rd Thursday of every month, 12:30 p.m.,Animal Care Facility Conference Room, 2626 Holly. ................................................................................................................................................................................................................................................... TERM DETAILS Three-year terms. ............................................................................................................................................................................................................................................................................................................................. DEPARTMENT Corpus Christi Police Department _.............................................................................................................................................................................................................................................................................................................................. COMMITTEE/SUBCOMMITEE N/A AGENDAS ............................................................................................................................................................................................................................................................................................................................. OTHER INFORMATION ANIMAL CARE ADVISORY COMMITTEE Page 1 of 2 Animal Care Advisory Committee Members September 13,2016 Staff is recommending the realignment of categories for Michelle Sanders(Animal Welfare/Shelter)and Samantha Person(Community At-Large). 1W I Samantha Person ANIMAL CARE ADVISORY COMMITTEE Active District 5 1 5/31/2019 Community At-Large Vice-Chair Michelle Sanders ANIMAL CARE ADVISORY COMMITTEE Active District 5 Partial 5/31/2017 Animal Welfare/Shelter Member Cheryl Martinez ANIMAL CARE ADVISORY COMMITTEE Active District 1 2 5/31/2018 Animal Welfare Chair Mark Phillips ANIMAL CARE ADVISORY COMMITTEE Active District 2 1 5/31/2017 Community At-Large Member Megan Tisdale ANIMAL CARE ADVISORY COMMITTEE Active District 4 1 5/31/2019 Community At-Large Member Dr.Sara Andux ANIMAL CARE ADVISORY COMMITTEE Active District 5 1 5/31/2019 Veterinarian Member Megan Winn ANIMAL CARE ADVISORY COMMITTEE Active District 5 1 5/31/2018 Community At-Large Member City Of Corpus Christi CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION BOARD DETAILS SIZE 5 Seats The Corpus Christi Business and Job Development Corporation is organized TERM LENGTH 2 Years exclusively for the purpose of benefiting OVERVIEW TERM LIM IT 6 Years and accomplishing public purposes of, and to act on behalf of the City, to undertake, maintain and finance projects through Propositions 4 and 5 approved by voters on November 7, 2000 and Propositions 2, 2a and 2b approved by voters on November 5, 2002. COMPOSITION The affairs of the Corporation shall be managed by a board of directors which ERk shall be composed of five persons appointed by the City Council.The terms of the directors shall be two years,expiring on July 31st of each year. Directors may be appointed to succeed themselves. No Director may serve longer than six years consecutively,unless such service is required to complete an unexpired term. DETAILS Each director must be a resident and qualified elector of the City. CREATION 1 AUTHORITY Res. No.024207,9-12-00; Res. No.024233,9-25-00. MEETS 3rd Monday of every month at 3:00 p.m.,City Hall-Council Chambers. Meet a minimum of once a quarter. TERM DETAILS All terms for two years. DEPARTMENT City Manager's Office COMMITTEE/SUBCOMMITEE N/A AGENDAS OTHER INFORMATION CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Page 1 of 1 Corpus Christi Business and Job Development Corporation Members September 13, 2016 One(1)vacancy with term to 7-31-18. Debbie Lindsey-Opel CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Resigned District 4 3 7/31/2018 Member Bart Braselton CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Active District 5 3 7/31/2018 Member Randy L.Maldonado CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Active District 5 1 7/31/2018 Member Gabriel Guerra CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Active District 5 2 7/31/2017 Vice-President R.Bryan Gulley CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Active District 4 3 7/31/2017 President CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Page 2 of 3 Corpus Christi Business and Job Development Corporation Applicants September 13,2016 Robert A.Alvarez CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENT CORP. District Alvarez Insurance Group 5810 S.Staples Corpus Christi TX 361-442-6799 yes Scott H.Mesmer CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORP. Distric[4 CAE Corpus Christi TX 361-944-8401 yes Richard Bryan Stone,Jr. CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORP. District 5 Porter,Rogers,Dahlman&Gordon,P.C.800 N.Shoreline,Suite 800S Corpus Christi TX 361-880-5830 yes Diana Summers CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORP. District 4 Hogan Homes 400 Mann St. Corpus Christi TX 512-994-8786 yes Lee A.Trujillo CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORP. District 3 Ernest R.Garza&Company,P.C. 6102 Ayers,Suite 106 Corpus Christi TX 361-723-0685 yes - CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Page 3 of 3 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jul 05, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Robert A Alvarez Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, ETHICS COMMISSION, TRANSPORTATION ADVISORY COMMISSION Street Address Suite orApt oft City State Postal Code District 5 What district do you live in? lwwwwm� Primary Phone Alternate Phone Alvarez Insurance Group Owner/Broker Employer Job Title 5810 S. Staples WorkAddress-StreetAddressand Suite Number Corpus Christi WorkAddress-City Texas WorkAddress-State 78413 WorkAddress-Zip Code RobertAAlvarez Page 1 of 4 3614426799 r.adam@alvarezinsgroup.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) Promoter of locality and professional networking in the Corpus Christi community for my own insurance agency. Registered Voter? QQ Yes Q No Current resident of the city? QQ Yes O No 32 If yes,how many years? Adam s Resume 2014 1 .docx Upload a Resume Please upload any additional supporting documents Demographics Hispanic Robert AAlvarez Page 2 of 4 Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. ® IAgree Board-specific questions (if applicable) Robert AAlvarez Page 3 of 4 Question applies to CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? QQ Yes O No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Question applies to TRANSPORTATION ADVISORY COMMISSION. Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? Q Yes QQ No Robert AAlvarez Page 4 of 4 Robert Adam Alvarez Objective Summary: To utilize my skills and abilities to better the customer/client experience and satisfaction and to further the success of the business. Areas of Expertise: ,/ Typing—over 65 words ,/ Strong multitasker ,/ Expert with all MS Office per minute applications and other ,/ Very fast learner computer programs ,/ Strong use of multi-line phone and soft-phones ,/ Experienced in data entry ,/ Expert in creating and and 10-key with good filing reports ,/ Extremely clean speed and accuracy background and driving ,/ Excellent people skills record ,/ Highly professional Experience Nonferrous Supervisor, CMC Recycling, Corpus Christi,TX, June 2013—Present Day • Run day-to-day operations at nonferrous scale. • Take care of customer's needs and work to retain them. • Supervised a crew of 5-10 people. Office Assistant, J&G Armadillo Bookkeeping, Corpus Christi,TX,June 2008—June 2013 • Helped with day to day clerical operations/filing in running the office. • Gather all necessary data to completing tax returns,i.e. receipts, legal documents, home information, etc. • Keyed in proper data into databases of all financial info utilizing the 10-key. (Primary) File Clerk, Royston, Rayzor,Vickery &Williams,LLC., May 2007—August 2008 • Prepared and set up project for transition of traditional paper system to modified"paperless" filing system. • Responsible for filing and indexing for a 10 lawyer law firm and assisting paralegals and runners. Education University of Dallas—Irving —August 2001 to June 2004-Bachelors of Science in Business with Concentration in Marketing Texas A&M—Corpus Christi—August 2000 to May 2001 —Criminal Justice Robert Adam Alvarez 0 Page 2 of 2 References available upon request... BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jul 05, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Scott H Mesmer Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? AIRPORT BOARD, CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, ETHICS COMMISSION, NUECES COUNTYTAXAPPRAISAL DISTRICT OILAND GAS ADVISORY COMMITTEE Street Address Suite orApt oft City State Postal Code District 4 What district do you live in? lmwmn��� Primary Phone Alternate Phone CAE Instructor Employer Job Title WorkAddress-StreetAddressand Suite Number Corpus Christi WorkAddress-City TX WorkAddress-State Scott H Mesmer Page 1 of 5 7841 WorkAddress-Zip Code 3619448401 Work Phone Scott.Mesmer@gmail.com Work E-mail address Home/Primary Address Preferred Mailing lAdress Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Education, Professional and/or Community Activity (Present) BS Applied Math and Statistics BA Economics. Military Contract T44 Sim Flight Instructor for CAE Captain on B757 for Parallel Express Own Rental Properties "SoftengineHR" Payroll and Human Capital Management Software sales rep Registered Voter? Q Yes Q No Current resident of the city? Q Yes 0 No 7 If yes,how many years? Scott Mesmer City Application_Resume.docx Upload a Resume Please upload any additional supporting documents Scott H Mesmer Page 2 of 5 Demographics Caucasian/Non-Hispanic Ethnicity Male nd-r Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. ® IAgree Scott H Mesmer Page 3 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? QQ Yes Q No Question applies to NUECES COUNTYTAXAPPRAISAL DISTRICT. Are you a resident and qualified elector* of the District (Nueces County)? QQ Yes Q No Question applies to NUECES COUNTYTAXAPPRAISAL DISTRICT. Have you resided in the District for at least 2 years? QQ Yes O No Question applies to OIL AND GAS ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? ® Not Connected with Oil and Gas Well Industry Scott H Mesmer Page 4 of 5 Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Scott H Mesmer Page 5 of 5 Scott H. Mesmer Goal: Looking to give back and work with in the community that I live in by supporting the city in any way that I can. Business Development, Management and Investing Experience Own multiple rental properties in Corpus Christi Invested in Oil and Gas Drilling Rig program as well as Oil Drilling programs September 2015 to present SoftEngineHr sales consultant. Payroll and Human Capital Management software sales position August 2009 to present Co-Owner of Mesmerizing photography. Discovered what it means to be an owner of a business... September 2009-Present: Elan Express and Parallel Express Business Development Set up Jet Fuel Brokering Business, created relationships with into plane agents, refineries, airport fbo etc to sell jet fuel to clients as well as managed aircraft. Developed relationships for marketing for aircraft parts, aircraft RVSM ferry movements, aircraft acquisitions. Jan 2007 to March 2009 Base Operations Manager for large aircraft international charter operations. Responsible for day to day operations of the base, duties included but not limited to, recommending staffing levels, developed recommendations for policy and procedures for operational needs, involved in hiring and selection process, ensured crewmember compliance with company policy, assigned non-flight duties in support of operations and marketing. Coordinated aircraft charter needs with Director of Operations, Director of Security, Manager of Maintenance, Dispatch, Marketing Department and crew to ensure high quality client experience and safety of flight for international operations. Worked with Director of Planning and Scheduling as well as Training Department to develop and staff monthly flight schedule. Coordinate with Brokers, Clientele, flight crew and management to ensure proper communication flow for process improvement, staff promotions, cost savings initiatives, and other duties not defined that are aimed at reducing costs while increasing productivity without sacrificing quality or safety. Aviation Work Experience CAE Feb 2014 to Present T44 Advanced Flight Sim Instructor& Platform Instructor Parallel Express Oct 2013 to -Part 125 B757 Simulator Chk Airman Oct 2013 to—Part 125 B757 Captain Elan Express Nov 2011 to - Part 125 B757 Simulator Chk Airman Oct 2009 to - Part 125 B757 Captain Swift Aviation Group Dec 11 to—July 13 Part 121 B767 Simulator Chk Airman June 10 to July 13 Part 121 B767 Captain Polaris Aviation Solutions —Jan 10 to June 10 SIC Pt 125 Dallas Mavericks Captain/Base Manager -Pace Airlines Oct 2002 to Oct 2009 B757/B767 Captain Domestic/International Part 121 Captain on B757 for FAA proving runs and check rides to add areas of operations to Airline Ops Specs such as the North Pacific, Polar Ops and North Atlantic Etops. Domestic and International worldwide charter operations that required operations into Russia, the Middle East, South America, Europe, the Pacific and Polar Areas of the Arctic Circle Flight Officer—USAirways May 99 to Jan 02 Pt 121 First Officer B757/B767 A320 Flight Officer—USAirways Express,Piedmont Airlines July 97 to May 99 Pt 121 First Officer DASH 8 1600 Hours of ME Turbo Prop time Flight Officer—KIWI International Airlines July 95 to Oct 96 Pt 121 Flight Engineer—B727 Charter Pilot/Flight Instructor—Airpark Sales & Service Oct 96 to July 97 PIC Piper Navajo Pt 135 Co Instructor&Asst Chf Pilot Feb 93 to July 95 PIC Piper Navajo Captain on DOD contract such as: Shuttling civilian engineers and military personal between military bases such as Patuxent River, Lakehurst, Dahlgren, Wallops Island Virginia and Cherry Point. Range clearing of oceanic restricted areas in support of F-18 testing program, missile test fire and other military operations. CFI and CFII Instructor Platform Instructor Education SUNY @STONYBROOK: Stonybrook,New York 1990 BS Applied Math and Statistics BA Economics BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Aug 26, COMMISSION OR COMMITTEE FOR THE 2016 Status: submitted Profile Richard Bryan Stone Jr. Prefix First Name Middle Initial Last Namur Email Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Street Address Suite or Apt City State Postal Code District 5 What district do you live in? lmmmwm� Primary Phone Alternate Phone Porter, Rogers, Dahlman & Attorney- Gordon, PC Partner 800 N. Shoreline, Suite 800S Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State 78401 _ Work Address-Zip Code Richard Bryan Stone Jr. Page 1 of 5 361-880-5830 Work Phone Bstone@prdg.com Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Not at this time. I previously served on the Planning and Zoning Commission for 6 years, and served as Chairman for 2 of those years. Education, Professional and/or Community Activity (Present) Doctrine of Jurisprudence; Board Certified in all areas of Real Estate Law by the Texas Board of Legal Specialization-(Commercial, Residential and Farm and Ranch); Currently a Board Member of NavyArmy Community Credit Union Registered Voter? r• Yes c' No Current resident of the city? Yes r No 42 years If yes,how many years? 03-10-16 RBS-Resume.pdf Upload a Resume Please upload any additional supporting documents Demographics Richard Bryan Stone Jr. Page 2 of 5 Caucasian/Non-Hispanic Ethnicity Male _ Gender Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. V I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. V I Agree Richard Bryan Stone Jr. Page 3 of 5 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. V I Agree Board-specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Are you a qualified elector* of the City? r. Yes r No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Richard Bryan Stone Jr. Page 4 of 5 R. BRYAN STONE EDUCATION Board Certification—Texas Board of Legal Specialization (1997) All areas of Real Estate Law including Residential Real Estate Law, Commercial Real Estate Law and Farm and Ranch Real Estate Law University of Houston Law Center (Doctrine of Jurisprudence, cum laude, 1986). Honors Order of the Barons American Jurisprudence Prize Awards(highest grade in class)— Torts, Constitutional Law University of Texas,Austin, Texas—Finance/Real Estate (1980) EMPLOYMENT Porter,Rogers,Dahlman & Gordon,P.C. (Current) Shareholder Attorney specializing in all areas of Finance/Banking Law including Loan Originations and Structuring, Loan Workouts, Collections and Foreclosures; Business Transactional Law; Corporate/General Business Law; all Areas of Real Estate-Residential and Transactions, Covenants, Conditions and Restrictions, Title, Condominiums, Commercial, Farm& Ranch,Land Use/Zoning; Collections; and Probate,Wills and Estates. Gary, Thomasson,Hall&Marks,P.C. (August 2009-February 2011) Partner Attorney specializing in all areas of Finance/Banking Law including Loan Originations and Structuring, Loan Workouts, Collections and Foreclosures; Business Transactional Law; Corporate and General Business Law; all Areas of Real Estate — Finance/Banking, Title, Commercial, Residential and Farm and Ranch; Collections; and Wills and Estates. Bay Area Title Services (April 2010-December 2011) Co-Owner and General Counsel Full Service Title Insurance Company closing Commercial, Residential and Farm and Ranch Real Estate transactions. Law Offices of R.Bryan Stone/San Jacinto Closing Office (June 2001—April 2010) Owner Owner of law firm specializing in Business Transactional Law; Corporate/General Business Law; all areas of Real Estate and Finance/Banking; Real Estate Title Insurance Office closing commercial, residential and farm and ranch real estate transactions; Banking and Credit Unions/Financial Institutions. Law Offices of Stone & Stone,Inc. (1991—June 2001) Co-founding Partner of this law firm with Richard B. Stone. My practice areas included Corporate Law, Real Estate Law, Banking/Financial Law (Commercial and Consumer);and other areas of legal transactional work. Cox& Smith,Inc. (1986—1991) San Antonio,Texas Attorney practicing in the law firm's Real Estate/Finance and Banking Section working on all types of real estate matters, representing Banks, Credit Unions and other Financial Institutions; Commercial, Farm and Ranch and Residential Law. PROFESSIONAL Membership and Activities AV Rating-Martindale-Hubbell Peer Review Ratings Admitted to practice before the United States District Court, Western District of Texas, and Southern District of Texas Fellow: Texas Bar Foundation Member of the Corpus Christi Bar Association Member of the American Bar Association Member of the State Bar Association PERSONAL Membership and Activities NavyArmy Commercial Credit Union-Board of Directors Member Buccaneer Commission-Commissioner; Board of Directors; Chairman of the Scholarship Committee City of Corpus Christi Planning and Zoning Commission (6 years) - Former Chairman Leadership Corpus Christi—Graduate of Class XXII Corpus Christi Texas Longhorn Foundation — Former President (1998- 2007) Corpus Christi Deaf Counsel—Fortner Board Member Corpus Christi Country Club — Former Board Member and Vice President Food Bank of Corpus Christi—Former Board Member 2 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jul 05, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Diana Summers Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, PLANNING COMMISSION Street Address Suite orApt City State Postal Code District 4 What district do you live in? lwwwwm� Primary Phone Alternate Phone HOGAN HOMES CHIEF FINANCIAL OFFICER Employer Job Title 400 MANN ST. WorkAddress-StreetAddressand Suite Number CORPUS CHRISTI WorkAddress-City WorkAddress-State 78401 WorkAddress-Zip Code Diana Summers Page 1 of 4 512-994-8786 Work Phone Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SEE ATTACHED RESUME BACHELOR OF SCIENCE IN BUSINESS ADMINISTRATION, DOUBLE MAJORED IN FINANCE AND ACCOUNTING FROM UNIVERSITY OF SOUTH CAROLINA, 2009 MASTERS OF ACCOUNTING FROM COLLEGE OF CHARLESTON, 2010 PROFESSIONAL EXPERIENCE: PRICE WATERHOUSE COOPERS, LLC, DALLAS:AUDITASSOCIATE 2010-2011; DELOITTE AND TOUCHE, LLC,AUSTIN: AUDIT SENIOR ASSOCIATE 2011-2013; HOGAN HOMES,ASSISTANT TO THE PRESIDENT 2013-PRESENT MEMBER OF CORPUS CHRISTI ROTARY CLUB Registered Voter? Q Yes 0 No Current resident of the city? Q Yes Q No 4 If yes,how many years? BROWN.pdf Upload a Resume Please upload any additional supporting documents Demographics Diana Summers Page 2 of 4 Caucasian/Non-Hispanic Ethnicity Gender Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. ® IAgree Diana Summers Page 3 of 4 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? QQ Yes O No Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? QQ Yes Q No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Diana Summers Page 4 of 4 Diana Brown Acknowledged for strong analytical and problem solving skills,as well as development of team and client relationships.Recognized for achieving an understanding of numerous different business operations and processes,identifying and quickly elevating potential engagement issues,task prioritizing,and multi-tasking abilities.Enjoys challenging engagements and new opportunities to fiuther develop professional skills.Thrives in a team environment yet also works well independently.Committed to exceeding the needs and expectations of the engagement and client. PROFESSIONAL EXPERIENCE Price Waterhouse Coopers,LLC,Dallas Associate,2010-2011 Audited a diverse portfolio of clients including manufacturing,health care,financial,chemical,and holding companies. Part of review team for the issuance of an initial client stock offering Performed 404 SOX Controls testing. Participated on an Advisory and consulting engagement for major financial institution Deloitte and Touche,LLC,Austin Senior Associate,2011—2013 Managed and executed the audits of two companies in the manufacturing and construction fields. Participated on two company segment carve out audits. Performed 404 SOX controls design and operating effectiveness testing. Member of new client acquisition team EDUCATION University of South Carolina Bachelor of Science in Business Administration,2009 Double Majored.Finance and Accounting Directed Studies:French College of Charleston Masters of I ccounting 2010 Study Abrond:University of South Carolina,Maymester Session,Kenya,Africa Studied business tactics and problem solving techniques within the economic and political structure of Kenya.Examined the local operations oC The Coca Cola Company,Dockers,a subsidiary of Levi Strauss and Co.,Kazuri Beads,Ltd.and KickStart,a non-profit dedicated to developing technologies for small-scale enterprises.Studied the importance of eco-tourism to the national economy. National Outdoor Leadership School,Broome,Australia Studied leadership skills and development,while facing extreme conditions of the Australian Outback.Also focused on technical outdoor skills and environmental ethics. OTHEWLE AUERSHIP ACTIVITIES Recipient of the USC Thomas Moore Craig Leadership Award(2008) Recipient ut il,e Student Government Executive Officer Meritorious Award(2009) Student Senator representing Darla Moore School of Business(2007-2009) Chairman For Senate Finance committee(2009) Sorority Comicil President(2008-2009) Omicron I lia 1:.ippa Honors Society President(2009) Mortar Bmrd 1-lonors Society Treasurer(2008) BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Sep 06, COMMISSION OR COMMITTEE FOR THE 2016 Status: submitted Profile LEE _ A TRUJILLO Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Street Address Suite or Apt City State Postal Code District 3 What district do you live in? INNNNN� Primary Phone Alternate Phone Ernest R. Garza & Company, P.C. CPA Job Title 6102 Ayers, Suite 106 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Tx Work Address-State 78415 Work Address-Zip Code LEE ATRUJILLO Page 1 of 5 3617230685 Work Phone leetrujillocpa@gmail.com Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) BBA-1981 University of Texas-Austin, Governing Board - Buc Commission, Villa Maria Senior Citizen Center, CC Mission 911, St. Cyril & Methodius Church Finance Council PTA - Grant Middle School and Veteran's Memorial High School Registered Voter? r• Yes r No Current resident of the city? r Yes r No 47 If yes,how many years? Resume - Lee A. Trujillo.doc Upload a Resume Please upload any additional supporting documents Demographics LEE ATRUJILLO Page 2 of 5 Hispanic Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ISI I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree LEE ATRUJILLO Page 3 of 5 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. V I Agree Board-specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Are you a qualified elector* of the City? r. Yes r No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. LEE ATRUJILLO Page 4 of 5 LEE A. TRUJILLO Work Experience 2009 - Current Ernest R. Garza & Company, P.C. - CPA firm representing audit and tax clients throughout South Texas. Primary emphasis in Tax matters for business, individual and non-profit clients. Prepares 1040, 1065, 1120, 1120S and 990 tax returns. Represent clients before the Internal Revenue Service in all matters. 2009 - Current Lee Trujillo, CPA- Private CPA practice servicing business and individual clients. Provide financial statement preparation as well as preparation of company budgets. Review data with Company Business Owners and provide recommendations for improved operations 2006-2009 CGT Law Group (Corpus Christi, TX) -Served as Corporate Controller responsible for all administrative, finance, human resource and accounting functions of the company. 1996-2006 Owner- Premier Physical Therapy, Inc. (Corpus Christi, TX) Provided outpatient physical therapy, served as Administrator for the business. Responsible for administration, marketing and accounting functions of company. 1986- 1996 Padre Tubular Inc. (Corpus Christi, Tx) - Served as Corporate Controller for distributor of oilfield pipe company. 1983 - 1986 Oil Country Tubular Services Ltd. (Houston, TX)- Served as Corporate Controller for distributor of oilfield pipe company. 1981-1983 Ernest &Young LLP (Houston, TX) -Auditor for Big 4 accounting firm with clients in various industries. Education University of Texas @ Austin -Degree in Business Administration 1981 Del Mar College- Corpus Christi, Tx Affiliations Member - Corpus Christi Chapter of Certified Public Accountants Member-Texas Society of CPA's Board Membership: Buccaneer Commission (Governing Board), Corpus Christi Mission 911, Villa Maria Senior Citizen Community, St. Cyril & Methodius Finance Council City Of Corpus Christi CORPUS CHRISTI CONVENTION & VISITORS BUREAU BOARD DETAILS The Corpus Christi Convention &Visitors Bureau solicits SIZE 13 Seats various organizations and associations to conduct fn meetings/conventions/tradeshows within Corpus Christi year- 107 TERM LENGTH 2 Years round;to promote the City as a year-round destination;to design and implement an advertising campaign with state, OVERVIEW TERM LIMIT 6 Years national and international coverage to feature the Corpus Christi area as an attractive region in which to vacation or have conventions or group meetings;to provide support services to conventions in Corpus Christi;to operate visitor information centers;to provide information and advice to businesses interested in tourism and convention-related business in the Corpus Christi area; and to advise the City on projected growth of tourism and convention-related businesses to assist City planning efforts. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION Thirteen (13)members selected directly by the City Council.The members shall F-�Ik be representatives of the following groups:3-hotel industry;3-attraction industry;2-restaurant industry;and 5-community at-large.The Mayor and City Manager,or their designees,shall serve as ex-officio non-voting members of the Board.In addition,the Council will appoint a representative from the Port of DETAILS Corpus Christi Authority,a representative from the Regional Transportation Authority and a representative from the C.C. International Airport to serve as ex- officio advisory non-voting members.Appointments will be for two-year staggered terms. No person may serve as a voting member for a period longer than six years consecutively,unless such service is required by virtue of the person's position or title or to complete an unexpired term. .................................................................................................................................................................................................................................... CREATION/AUTHORITY Motion No.2006-209,7/11/06; Motion No.2006-243,7/25/06; Motion No.2010- 282, 11/16/10; Motion No.2013-028,2/12/13; Motion No.2014-155, 11/18/14. .. .. .. .. .. .. .. .......................................................................................................................................................................................................................................................... MEETS 3rd Thursday of every month, 12:00 p.m., Bay Building, 101 Shoreline, Ste.430. ........................................................................................................................................................................................................................................ TERM DETAILS Two-year staggered terms. ............................................................................................................................................................................................................................................................................................................................. DEPARTMENT Convention and Visitors Bureau .................................................................................................................................................................................................................................................................................................... COMMITTEE/SUBCOMMITEE N/A AGENDAS OTHER INFORMATION CORPUS CHRISTI CONVENTION & VISITORS BUREAU Page 1 of 3 Corpus Christi Convention and Visitors Bureau Members September 13,2016 Seven(7)vacancies with terms to 10/1/18. (Note: The Corpus Christi Convention and Visitors Bureau is recommending the reappointments of Darcy Schroeder(At-Large),Ken Griffin(At-Large),Jason Rodriguez(Restaurant Industry),Terri Adams(Attraction Industry),James"Jim"Needham(At-Large),James Kunau(Attraction Industry)and Ed Cantu (At-Large). Terri Adams CORPUS CHRISTI CONVENTION&VISITORS BUREAU Seeking reappointment Other/Non-Resident 1 10/1/2016 Attraction Industry Member 78% 7/9(2 exc.) Ed Cantu CORPUS CHRISTI CONVENTION&VISITORS BUREAU Seeking reappointment District 5 1 10/1/2016 At-Large Member 100% 6/6 Ken Griffin CORPUS CHRISTI CONVENTION&VISITORS BUREAU Seeking reappointment Other/Non-Resident 2 10/1/2016 At-Large Member 56% 5/9(4 exc.) James Kunau CORPUS CHRISTI CONVENTION&VISITORS BUREAU Seeking reappointment District 5 1 10/1/2016 Attraction Industry Member 100% 9/9 James"Jim"Needham CORPUS CHRISTI CONVENTION&VISITORS BUREAU Seeking reappointment District 4 2 10/1/2016 At-Large Member 100% 9/9 Jason Rodriguez CORPUS CHRISTI CONVENTION&VISITORS BUREAU Seeking reappointment District 4 1 10/1/2016 Restaurant Industry Member 45% 4/9(3 exc.) Darcy Schroeder CORPUS CHRISTI CONVENTION&VISITORS BUREAU Seeking reappointment District 2 2 10/1/2016 At-Large Member 78% 7/9(2 exc.) Angie Flores Granado CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 2 3 10/1/2017 At-Large Chair Melody Nixon-Bice CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 5 1 10/1/2017 Hotel Industry Member Brooke Senterfitt-Montes CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 5 1 10/1/2017 Restaurant Industry Member Richard Elton Glover,Jr. CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 5 1 10/1/2017 Attraction Industry Member Kaushik"Sheik"Bhakta CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active Other/Non-Resident 3 10/1/2017 Hotel Industry Member Rakesh"Rick"Patel CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 4 3 10/1/2017 Hotel Industry Member Fred Segundo CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active N/A C.C.International Airport Ex-Officio,Non-voting Margie Rose CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active N/A City Manager Ex-Officio,Non-voting Patricia Cardenas CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active N/A Port of C.C.Authority Ex-Officio,Non-voting Nelda Martinez CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active N/A Mayor Ex-Officio,Non-voting Terry Klinger CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active N/A Regional Transportation Authority Ex-Officio,Non-voting CORPUS CHRISTI CONVENTION &VISITORS BUREAU Page 2 of 3 List of Corpus Christi Convention and Visitors Bureau Applicants September 13,2016 -M., ��WorkAciclrew Douglas Allison District4l SELF-EMPLOYED At-Large 403 N.Tancahua St. CORPUS CHRISTI TX 361-888-6002 Eugene C.Guernsey District 4 GENE GUERNSEY&ASSOCIATES INC.REALTORS At-Large 446 Robert Dr. CORPUS CHRISTI TX 361-993-8018 Cathy Harrison District 3 SELF-EMPLOYED At-Large and Restaurant Industry 108 Peoples St.T-Head CORPUS CHRISTI TX 361-881-8503 Steve Keenan District 5 OMNI HOTELS AND RESORTS At-Large 900 N.Shoreline Blvd. CORPUS CHRISTI TX 361-886-3545 Deana M.Lara District 4 BEST WESTERN CORPUS CHRISTI At-Large 300 N.Shoreline Blvd CORPUS CHRISTI TX Johnny Philipello District 4 BUCCANEER COMMISSION At-Large and Attraction Industry 1513 N.Chaparral St. CORPUS CHRISTI TX 361-882-3242 Joseph B.Schenk District 4 ART MUSEUM OF SOUTH TEXAS(TAMU-CC) At-Large and Attraction Industry 1902 N.Shoreline Blvd. CORPUS CHRISTI TX 361-825-3507 CORPUS CHRISTI CONVENTION &VISITORS BUREAU Page 3 of 3 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Sep 15, COMMISSION OR COMMITTEE FOR THE 2014 Status: submitted Profile Douglas _ Allison Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU Street Address Suite or Apt City State Postal Code District 4 What district do you live in? lmmmmw� Primary Phone Alternate Phone SELF EMPLOYED ATTORNEY Employer Job Title 403 N. TANCAHUA ST. Work Address-Street Address and Suite Number CORPUS CHRISTI Work Address-City TX Work Address-State 78401 Work Address-Zip Code Douglas Allison Page 1 of 4 361-888-6002 Work Phone Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) GRADUATE OF AUSTIN COLLEGE AND ST. MARY'S SCHOOL OF LAW Registered Voter? c' Yes r- No Current resident of the city? Yes r No 38 _ If yes,how many years? Upload a Resume Please upload any additional supporting documents Demographics Douglas Allison Page 2 of 4 Caucasian/Non-Hispanic Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ISI I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. lw I Agree Douglas Allison Page 3 of 4 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * r Hotel Industry r Attraction Industry r Restaurant Industry i- None of the Above Douglas Allison Page 4 of 4 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION Submit Date: Jul 10, OR COMMITTEE FOR THE 2014 Status: submitted Profile Eugene Guernsey Prefix First Name Middle Initial Last Name Suffix Email Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU, PLANNING COMMISSION Street Address Suite or Apt City State Postal Code District 4 What district do you live in? wimmies Primary Phone Alternate Phone GENE GUERNSEY & ASSOCIATES INC. REALTORS PRESIDENT/BROKER Job Title 446 ROBERT DR. Work Address - Street Address and Suite Number CORPUS CHRISTI Work Address - City TX Work Address - State 78412 Work Address - Zip Code Eugene Guernsey Page 1 of 4 361-993-8018 Work Phone Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Education, Professional and/or Community Activity (Present) Registered Voter? (r Yes No Current resident of the city? Yes r No 52 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Eugene Guernsey Page 2 of 4 Caucasian/Non-Hispanic Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ISI I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. fJ I Agree Eugene Guernsey Page 3 of 4 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * r Hotel Industry r Attraction Industry r Restaurant Industry i- None of the Above Eugene Guernsey Page 4 of 4 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Aug 26, COMMISSION OR COMMITTEE FOR THE 2015 Status: submitted Profile Cathy Harrison Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU Street Address Suite or Apt City State Postal Code District 3 What district do you live in? Primary Phone Alternate Phone self owner Employer 108 Peoples St. T - H ead Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78401 Work Address - Zip Code Cathy Harrison Job Title Page 1 of 4 361 881-8503 Work Phone cathyharrison@harrisonslanding.net Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Arts & Cultural Commission Education, Professional and/or Community Activity (Present) BBA Registered Voter? (7 Yes r No Current resident of the city? Yes r No 58 yrs If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Cathy Harrison Page 2 of 4 Caucasian/Non-Hispanic Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ISI I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. fJ I Agree Cathy Harrison Page 3 of 4 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Restaurant Industry Cathy Harrison Page 4 of 4 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Feb 22, COMMISSION OR COMMITTEE FOR THE 2016 Status: submitted Profile Deana M Lara Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU Street Address Suite or Apt City State Postal Code District 4 What district do you live in? .111111=11. Primary Phone Alternate Phone Best Western Corpus Christi 300 N. Shoreline Blvd Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78401 Work Address - Zip Code Director of Sales Deana M Lara Page 1 of 4 Work Phone deana@marinegrandhotel.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Greater Corpus Chrisit Hospitality Association Education, Professional and/or Community Activity (Present) Bandera High School 1999 Access Edge Marriott Certification Wedding Planner Certification Tourism Ambassador Certification Registered Voter? Yes r No Current resident of the city? Yes r No 4 If yes, how many years? deanalararesume.pdf Upload a Resume Please upload any additional supporting documents Demographics Deana M Lara Page 2 of 4 Hispanic Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ISI I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. fJ I Agree Deana M Lara Page 3 of 4 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Hotel Industry Deana M Lara Page 4 of 4 Deana Lara 3225 Azores Corpus Christi, Tx 78418 deanalara@ymail.com (210)355-9412 SUMMARY OF QUALIFICATIONS Sales /Operations Manager with over 10 years in the hospitality industry in addition to experience in sales and marketing, finance/accounting and personnel management. Exceptional communication skills with the ability to interact in a positive and compassionate manner. Able to listen effectively, articulate ideas clearly, write concisely and make compelling and informative oral presentations. Excellent organizational and time management skills with the ability to prioritize workload, schedule and plan projects as well as delegate and achieve established commitments and deadlines. Proficient in the use of PC applications such as MS Word, Excel, email and internet navigation and research as well as data entry/retrieval within hospitality and financial databases: Fosse, Sales Pro, Opera, Delphi, Quickbooks. PROFESSIONAL EXPERIENCE 2/2016 -Present Best Western Corpus Christi Director of Sales Corpus Christi , Tx • Utilize a "hands-on" approach to be actively involved in maintaining current accounts; as well as securing, qualifying, and following up on leads to book new clients. • Head of training and supervising of the hotel's sales (& marketing) team. • Works closely with the General Manager to determine appropriate sales strategies in all market segments towards maximizing the hotel revenues. • Responsible for a maximum of occupancy of conferences and banquettes in order to optimize general business opportunities. • Develops lucrative sales targets and networks business relations to corporate clients • Actively observe the market, identity trend and monitor the main competitors • Control all in and out expenses and the best possible costs cutting within the department • Manages key accounts and oversees the accounts management in all activities. • Develop sales strategies to maximize sales activities with a 172 room property. 3/14-2/2016 TownePlace Suite by Marriott DBA, MCR Development LLC Corpus Christi , Tx Director of Sales • Solicited new business to ensure all revenue goals are achieved or exceeded within all market segments, as well as identify business opportunities, and proactively research, analyze, and tele -market prospective client • Developed and maintain knowledge of market trends, selling strategies, competitive set and customers • Assisted operations management with implementing hotel specific selling strategies, development by sales department • Responsible for internet prospecting. Dedicate time each day to researching the internet for meetings, conferences, events and sports groups coming to area, uses this information to solicit possible future business • Involved in making cold calls, direct sales calls, sales blitzes, and hotel tours. In addition, maintaining good working relationships with existing clients while exploring ways to increase revenue • Assist Revenue Manager and General Managers with weekly calls to review and update 30/60/90 day forecasting in order to meet and/or exceed our budgeted goals and review weekly STR reports • Display leadership in guest hospitality, exemplify customer service and create a positive example for guest relations; Interact with guests to obtain feedback on product quality and service levels. Review sales guest satisfaction results to identify areas of improvement and ensure that a customer recognition program is in effect throughout sales • Managed MarRFP process • Preparing contracts, weekly reports, and other paperwork related to the sales department • Traveled to other hotel locations for training and sales blitzes • Assist General Manager with all aspects of budget process including, but not limited to, the preparation of the annual marketing plan, including quarterly action plans covering all market segments • Developed customer profiles and maintains an effective trace system, including trace dates and references, in order to best meet client needs, resulting in superior account service and increased revenues • Attended occasional networking events, luncheons and trade shows, above and beyond normal business hours. 05/13-10/13 Funtrackers Family Fun Center DBA, Soar LLC Corpus Christi , Tx Director of Sales and Marketing • Contracted all group, corporate, school and youth group outings • Trained all hostess and party staff • Organized and oversee all specials events • Company representative at all local chamber and business associations meetings • Managed all advertising, print, television and sponsorship trades • Managed companies social media: Facebook, website and email accounts 10/08-05/13 Bandera Athletic Academy Bandera, Tx General Manager • Managed all new students' enrollment and monthly tuition. • Created and maintain yearly and monthly budgets, as well as all accounts receivable and payable. • Negotiated contracts for special events venues and vendors. • Developed marketing communication materials to market Academy locally and surrounding areas. • Daily responsibilities include answering all inquires of the Academy and running classes weekly. 11/10 — 04/12 Inn of the Hills Resort and Conference Center/ 1859 Hotels Gal -Tex Kerrville, TX Catering and Events Manager • Managed detailing of food and beverage needs for group events • Facilitated as manager on duty weekly to oversee operations of the 164 room property and on site restaurant • Served on executive managers committee and attended weekly manager and F&B meetings • Oversaw banquet staff in all operations of setup to tear down, was well as serving • Developed and designed restaurant and group promotional materials • Coordinated special events with budgets exceeding $100 k and acted as property liaison to ensure a stream line process throughout the entirety of the event to meet guest satisfactions • Scheduled and performed resort properties site tours • Acted as ambassador of property at community events 06/08 — 08/09 Flying L Guest Ranch Bandera, TX Director of Sales & Reservations Manager • Managed front desk reservations and group sales for resort property. • Average monthly sales for groups and special events exceeded $450k. • Negotiate contracts for special events including pricing for food/beverages as well as special requests. • Developed marketing communication materials to market resort nationwide for groups and special events. • Coordinated special events from set up to completion to ensure event was to client's satisfaction. Remained on site during all events to answer questions and resolve any issues that may arise. • Daily responsibilities included scheduling tours for prospective customers as well as booking parties and reviewing details of booked events with guests. 12/05 — 06/08 Bandera County Chamber of Commerce Bandera, TX Executive Administrator • Managed accounting function for organization including accounts payable/receivable, processed payroll for employees as well as bank reconciliations and the production of financial statements on a monthly basis. • Functioned as Chairman for annual fundraiser and increased donations 35% each year. • Coordinated all advertising, vendors, sponsors and volunteers for all fund raising events and special functions. • Managed the Chamber of Commerce's annual budget of $65k. • Handled all daily inquiries from tourists and members regarding accounts, membership and local events and area information. • Wrote, edited and distributed news letter for Chamber on monthly basis detailing activities including award galas, parades and any other special events coordinated by the Chamber of Commerce. EDUCATION Bandera High School • Diploma — College Preparation Courses Conlee's Cosmetology College • Operator license 2000 Access Edge Certified- Marriott International Certified Wedding Planner Bandera, TX Kerrville, Tx Certified Tourism Ambassador- Corpus Christi Texas Alcohol and Beverage Commission Seller Certification Texas Food Handlers Certification ASSOCATIONS/ NETWORKING Corpus Christi Hispanic Chamber of Commerce — Embajador Greater Corpus Christi Hospitality Association- Board Member Padre Island Business Association- Member REFERENCES Matthew Franek- DDS Marketing- Owner Fredericksburg, TX 512-709-3424 Shawna Armendariz- Manager Villas of Ocean Drive- Property Manager Villas Corpus Christi, TX 361-500-2519 Melinda Trevino- Comfort Suites- General Manager Corpus Christi, Tx 361-222-0651 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jan 26, COMMISSION OR COMMITTEE FOR THE 2015 Status: submitted Profile Steve Keenan Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU Street Address Suite or Apt City State Postal Code District 5 What district do you live in? !Winn1110 Primary Phone Alternate Phone OMNI HOTELS AND RESORTS 900 N. SHORELINE BLVD. Work Address - Street Address and Suite Number CORPUS CHRISTI Work Address - City TX Work Address - State 78401 Work Address - Zip Code GENERAL MANAGER Job Title Steve Keenan Page 1 of 4 361-886-3545 Work Phone Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) B.S. OKLAHOMA STATE UNIVERSITY BOARD OF DIRECTORS - FISH FOR LIFE BOARD OF DIRECTORS - GCCHA ADJUNCT PROFESSOR - DEL MAR COMMUNITY COLLEGE Registered Voter? Yes r No Current resident of the city? Yes r No 2 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Steve Keenan Page 2 of 4 Caucasian/Non-Hispanic Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ISI I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. fJ I Agree Steve Keenan Page 3 of 4 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Hotel Industry Steve Keenan Page 4 of 4 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Dec 11, COMMISSION OR COMMITTEE FOR THE 2015 Status: submitted Profile Johnny Philipello Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU Street Address Suite or Apt City State Postal Code District 4 What district do you live in? .111111.1111111 Primary Phone Alternate Phone Buccaneer Commission President/CEO Employer Job Title 1513 N. Chaparral St. Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78463 Work Address - Zip Code Johnny Philipello Page 1 of 4 361-882-3242 Work Phone johnny@bucdays.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Formerly Chief Operating Officer of Rodeo Austin an event that created a $68 million economic impact on the Austin Economy. Recently accepted the President/CEO position of the Buccaneer Commission to grow and develop all Buc Days events. We currently host the parade, festival and Rodeo Corpus Christi that draw approximately 200,000 visitors each year. Member of Downtown Rotary and Nueces County Texas A&M Alumni Association. Bachelors of Science from Texas A&M University. Registered Voter? Yes r No Current resident of the city? Yes No 5 months If yes, how many years? Resume121115.pdf Upload a Resume Please upload any additional supporting documents Johnny Philipello Page 2 of 4 Demographics Caucasian/Non-Hispanic Ethnicity Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. fJ I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. i•J I Agree Johnny Philipello Page 3 of 4 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Attraction Industry Johnny Philipello Page 4 of 4 JOHNNY PHILIPELLO 3718 Santa Fe, Corpus Christi, TX 78411 • (512) 461-3781 • johnny@bucdays.com NON-PROFIT EXECUTIVE Over 12+ years' experience driving strategic growth and innovative concepts for a leading nonprofit organizations within Texas. Highly competitive, passionate, persuasive and articulate, able to achieve results others believed to be impossible. Experienced in business development, negotiating, public relations, partnership building and volunteer management. • Competent Leader • Sponsorship Development CORE COMPETENCIES • Innovative Marketing • Strategic Planning • Public Speaking • Budgeting/Forecasting PROFESSIONAL EXPERIENCE BUCCANEER COMMISSION, Corpus Christi, Texas 2015 — Present President/ Chief Executive Officer, 07/ 15 to Present • Lead a full-time staff of 4 and seasonal staff of 200+, collectively working with 500+ volunteers to support the mission, A tradition of changing lives through fun. • Oversee the day to day operation of Buc Days Festival and Rodeo Corpus Christi. Includes development, oversight and responsibility of a multi -million -dollar budget. RODEO AUSTIN, Austin, Texas 2003 — 2015 Chief Operating Officer, 04/ 13 to 7/ 15 • Lead a full-time staff of 14 and seasonal staff of 900+, collectively working with 1,500 volunteers to support the Rodeo Austin mission, Promoting Youth Education — Preserving W/estem Heritage. • Oversee the day to day operation of Rodeo Austin. Includes development, oversight and responsibility of a $10+ million budget. • Negotiate and execute facility rental, vender services, entertainment and sponsorship agreements. • Oversaw $600,000 capital improvement project. Effectively negotiated in-kind sponsorships and that defrayed project cost by more than $300,000. • Gained sanctioning from PRCA to host a first of its kind "Ride for the Brand" Cowboy Tournament format. • Developed RFP, oversaw selection, contract negotiation and development of RodeoAustin.com • Work alongside CEO and city and county leaders to establish and fund a facility feasibility study for the Travis County Expo Center and adjacent park land. • Developed strong relationships with local and national media to promote the Rodeo Austin brand. 5 performances of Rodeo Austin were broadcast via ESPN's Longhorn Network nationally in 2015. Senior Manager, 05/09 to 03/ 13 • Successfully outlined, planned and implemented a new Client Relationship Management database for entire organization. • Serve as liaison to Long Range Planning Committee; successfully developed RFP and awarded contract to consulting firm for an ongoing facility feasibility study, presented goals and objectives to local elected officials. • Implemented token system/revenue sharing policies, procedures, operation and staffing for the entire fairground; Gained 40% revenue increase in food concessions. • Negotiated carnival contract extension, achieved additional percentages of revenue share and additional operational requirements/expectations of operator. Johnny Philipello Results -focused Professional Competitive Events & Operations Manager, 05/06 to 05/09 • Promoted to manage a $3 5 million budget and engineer improvements and oversight of the logistical operation of the Fairgrounds. • Lead staff of three full time employees, 30 seasonal interns, and 300 seasonal employees including security, EMS, janitorial, event staff, electricians, superintendents, production crews and veterinarians. • Inherited oversight of commercial exhibits program, resulting in 28% increase in revenue within the first year of management. • Negotiated vender service contracts resulting in savings totaling $120,000, through effective implementation of sponsorship trade contracts and creation of more extensive pre -event scheduling of service providers. • Recruitment and retention over 30 corporate sponsors generating $850,000 of in-kind trade contributions and $175,000 in cash sponsorships annually. • Budgeted, bid, contracted, and executed capital improvement projects exceeding $2 2 million in cost. • Successfully increased competitive event entries by 931% by establishing new events and broadening from a regional scope to state-wide eligibility. • Developed incentive plan and strengthen Auction Committee structure resulting in $250,000 increase in Auction contributions within the first year of improvements. • Volunteer management of 1,000 members serving on 15 committees, including Competitive Events, Operations, Acts & Exhibits, BBQ Cook -off, Youth Auction, 100X Club. Competitive Events Manager, 04/04 to 05/06 • Promoted to manage competitions department including the Youth Auction and Animal Care Committee, managed one full time employee and 16 seasonal interns. • Implemented the nation's first ever Livestock Show internet broadcast and Pro Rodeo internet broadcast resulting in 20,000 viewers watching Rodeo and Stock Show events in 5 countries and 28 states. • Proactively marketed the Competitive Events program at industry functions through, public speaking engagements. • Brought the competitive events department from an annual lost to a profit generator within the first three years of oversight. Competitive Events Coordinator, 10/03 to 04/04 • Coordinator of all competitions during the Fair and Rodeo; managed entry system, established drug residue avoidance program, developed and implemented animal care and use procedures, contracted and arranged travel for all show officials. • Developed and implemented the first livestock show online entry program in the nation. TEXAS COOPERATIVE EXTENSION, College Station, Texas 2000 — 2003 4- H/ FFA Validation Coordinator • Oversight and management of the 4-H/FFA Steer Validation program; assisted with implementation of DNA verification. • Assist Associate Director and other staff with day to day operations of the County Programs Department. Johnny Philipello Results -focused Professional LEADERSHIP ACTIVITIES Downtown Rotary, Corpus Christi, TX Nueces County A&M Club Member Texas Association of Fairs and Events Convention, Competitive Events & Exhibits Speaker Austin Under 40 Awards Ceremony, Co -Chair Young Men's Business League of Austin, Member of the Month North American Livestock Show & Rodeo Managers Association Conference, Animal Welfare Presenter National Swine Registry Leadership Conference, Stock Show Management Speaker Young Men's Business League of Austin, Member International Association of Fairs and Expositions Convention, Technology Presenter Texas Association of Fairs and Events Convention, Competitions Speaker 2003 TAMU Saddle & Sirloin Club, President 2003 Texas Department of Agriculture — Government Relations, Intern 2002 Congressman Ciro Rodriquez, TAMU Congressional Intern EDUCATION Bachelor of Science — Animal Science, Texas A&M University, 2003 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Sep 01, COMMISSION OR COMMITTEE FOR THE 2015 Status: submitted Profile Joseph B. Schenk Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU Street Address Suite or Apt City State Postal Code District 4 What district do you live in? Primary Phone Alternate Phone Art Museum of South Texas (TAMU-CC) Employer 1902 N. Shoreline Blvd. Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State 78401 Work Address - Zip Code Director Job Title Joseph B. Schenk Page 1 of 4 361-825-3507 Work Phone joe.schenk@tamucc.edu Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I have just rotated off (due to term limits) from the City of Corpus Christi Arts and Cultural Commission Education, Professional and/or Community Activity (Present) BA - Museum Studies & Business Management, MA - Art Education Professional experience - 41 years in museum positions (eight museums in six states) Have been a CTA with the CVB, serve on the Worship & Arts Committee at First Methodist (Chaired the Committee for 3 years), represent the Art Museum on the S.E.A. District membership Active in the museum field - currently assisting as a committee member for the Texas Association of Museums with their 2016 Annual Conference planned for Corpus Christi, and am past president of the Mountain -Plains Museums Association (10 state regional organization) Registered Voter? G Yes r No Current resident of the city? r" Yes c No eight years in October If yes, how many years? Schenk Resume - 2015.doc Upload a Resume Please upload any additional supporting documents Joseph B. Schenk Page 2 of 4 Demographics Caucasian/Non-Hispanic Ethnicity Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. fJ I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. i•J I Agree Joseph B. Schenk Page 3 of 4 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Attraction Industry Joseph B. Schenk Page 4 of 4 RESUME - JOSEPH B. SCHENK 2015 • EDUCATION MMI Graduate: University of California, Berkeley, CA, 8th Annual Museum Management Institute, July 1986. Received a J. Paul Getty Trust scholarship. Master of Arts Degree: Ball State University, Muncie, IN, February 1979, Specialization in Art Education, Thesis Project - "An Exhibition of Twentieth Century American Art from the Collections of Indiana Colleges and Universities." Bachelor of Arts Degree: Huntingdon College, Montgomery, AL, August 1974, Double Major - Museum Staff Preparation (art) and Business Administration (with concentration in management), (Degree awarded May 1975). High School Graduate: Derby Senior High School, Derby, KS, May 1971, (college preparation & emphasis in art). • EMPLOYMENT EXPERIENCE 2007 to Present: Director - Art Museum of South Texas, located in Corpus Christi, Texas. (Private non profit museum affiliated with Texas A&M University — Corpus Christi, featuring collections of 1,500 works focused on the art of the Americas with special emphasis on Texas and surrounding areas including Mexico; Museum of 60,000 sq. ft. sits on Corpus Christi Bay and was designed by two internationally recognized architects — Philip Johnson and Ricardo Legorreta; staff of 20; extensive changing exhibitions and education programs. Responsible for all operations; University Department Head and Director for the private non profit Board.) Accomplishments: added 2 staff positions, gained national accreditation from AAM, developed a long range plan, implemented touring exhibitions and exchanges, secured successful Cafe contractor and renovated spaces. December 2003 to January 2007: Executive Director - Gilcrease Museum, located in Tulsa, Oklahoma. (City museum featuring major collections of over 400,000 works of art, artifacts, anthropological materials and archives pertaining to the Americas, 135,000 sq. ft. building and 23 acres of themed gardens, staff of 70, extensive changing exhibitions and education programs. Responsible for all operations, City Department Head and Executive Director for the private Thomas Gilcrease Museum Association. 1 of $4.5 million budget provided by City and 1 by Association.) Accomplishments include: added 11 staff positions; increased support by 11.5%; added over 1,100 works to permanent collection; oversaw the development of a program and facilities master plan for future expansion; implemented touring exhibitions from the collections; renovated and opened Gilcrease House as an education center; and coordinated development of a five year long range plan. September 1988 to January 2004: Director - Mobile Museum of Art, located in Mobile, Alabama. (City arts museum serving the Gulf Coast, 95,000 sq. ft. building and sculpture trails around the lake in City park, collection of 6,000 works, staff of 36, changing exhibitions, and education programs. Responsible for all operations, City Department Head and Director for the non profit organization. 1 of $2.5 million budget provided by City and 1 by non profit side.) Accomplishments include: developed facilities master plan; sought funds for and opened a $15.5 million expansion in 2002; built membership from 700 to over 3,000; gained AAM accreditation; added thousands of works to permanent collection; built professional staff; organized and traveled numerous exhibitions; and developed a strategic five year long range plan. June 1983 to September 1988: Director - Chattachoochee Valley Art Museum, located in LaGrange, Georgia. (Visual arts museum serving West Georgia and East Alabama, in restored and modernized 1892 County Jail Building of 8,700 sq. ft., 400 piece art collection, monthly changing exhibitions, and visual arts activities. Private, non profit.) October 1979 to May 1983: Joint Position - Executive Director of Okefenokee Heritage Center and Director of Southern Forest World, located in Waycross, Georgia. (General museum for art, history, science and technology, consisting of six buildings, steam train, and nature trails, on 22 acres; also forestry museum for the thirteen Southern states. While employed, completed and opened Southern Forest World. Both institutions are private, non profit.) October 1976 to October 1979: Executive Director and January 1976 to October 1976: Assistant Director - Alford House/Anderson Fine Arts Center, located in Anderson, Indiana. (Arts Center with small permanent collection of art, changing exhibitions and performing and visual arts programs. Private, non profit.) August 1974 to December 1975: Exhibits Curator - Hunter Museum of American Art, located in Chattanooga, Tennessee. (Major Southeastern art museum with extensive permanent collection and changing exhibitions. Responsible for all phases of the exhibition program, operated downtown branch gallery and assisted during $2.5 million building expansion. Private, non profit.) September 1973 to August 1974: Part -Time Student Exhibits Aide - Montgomery Museum of Fine Arts, located in Montgomery, Alabama (Major City art museum with extensive art collections and exhibitions. Assisted/trained under the Assistant Director.) • RELATED PROFESSIONAL EXPERIENCE 2008 - present, Board Member, 2004 - 2007; Vice -President 2009 - 2001; President 2011- 2013, Mountain -Plains Museums Association. 1997 - present, Accreditation Team Member, American Alliance of Museums. 1996 - present, Museum Assessment Program Peer Reviewer, American Alliance of Museums. 2008 - present, Commissioner, City of Corpus Christi Arts & Cultural Commission. 2010 - 2013, Chairman, Worship & Music Committee and Church Council Representative, First United Methodist Church, Corpus Christi. 2008 - 2011, Advisory Committee Member, BoldFuture for the Costal Bend. 2006 Conference Chair, Mountain -Plains Museum Association's Annual Meeting in Taos, NM 2003 - 2004, Tourism Council, Mobile Area Convention & Visitors Bureau. 2003 - 2004, Trustee, Ashland Place United Methodist Church, Staff/Parish Relations Committee 2001 - 2004. 2002 - 2004, Vice President, Southeastern Museums Conference, Treasurer 1998 - 2002. 1999 - 2003, Board Member, Mobile Area Museums Association, 1993 -1995 President (first President). 1997 - 2003, Envision Mobile Baldwin - Recreation and Culture Committee, through Mobile United sub -committee. 1996 -1998, President, Alabama Museums Association, Vice Pres. 1994 - 1996, Treasurer, 1994 - 1991. 1993 —1998, Board Member, United States Sports Academy Art Museum. 1992 Board Member & Chairman/Recreation & Culture Committee, Mobile United. 1990 —1993, Advisory Board Member - Alabama Center for Traditional Culture, Montgomery, Alabama. 1989 —1996, Grant Panels - Alabama State Council on the Arts. 1989 —1992, Board Member, Mayor's Christopher Columbus Quincentennary Executive Commission of Mobile. 1989 —1990, Board Member, Mobile Arts Council. 1986 —1990, Board Member, Troup 2000 Project, served as Vice -Chairman, Co -Chairman of Cultural and Historic Preservation Committee. 1986 —1988, Board Member, Georgia Assembly of Community Arts Agencies (1987-88 Newsletter Editor). 2007, 2003, 1997, 1992-1990, 1988-1983, & 1979 Grants Reviewer - Institute of Museum and Library Services. 1985 —1988, Executive Committee, Georgia Citizens for the Arts, Treasurer, 1987-88, Secretary 1986-87, Board Member, 1980-88. 1986 — Winter & Spring Quarters, Part-time Instructor, Art Department, University of West Georgia, Carrollton, GA. 1984 —1986, State Tourism Conference Planning Committee Member, Tourism Division, Georgia Dept. of Industry & Trade. 1985 —1987, President, West Central Georgia Tourism Association, (Treasurer in 1985) 1983 —1986, Advisory Panelist - various grants panels, GA Council for the Arts. 1982 —1984, Board Member - Georgia Alliance for Arts Education. 1981-1983, Board Member - Southeastern Georgia Travel & Tourism Association, (President, 1982-83, Secretary, 1981-82). 1979 —1983, Committee Member - Waycross/Ware County Chamber of Commerce Forest Festival, Tourism & Conventions (Chairman, 1982). 1979 Board Member - Association of Indiana Museums. 1979 Dedication Committee Member and Consultant - Anderson College, Krannert Fine Arts Center, Anderson, IN. 1978 —1979, Indiana Rep. - Small Museum Committee, Midwest Museums Conference. 1977 —1979, Commissioner - Madison County Historic Home, Anderson, IN. • PROFESSIONAL DEVELOPMENT ACTIVITY 2014 — Presented in three sessions at MPMA Annual Meeting, Aspen, CO 2013- Presented in two sessions at MPMA Annual Meeting, Lincoln, NE 2012- Presented in one session at MPMA Annual Meeting, Corpus Christi, TX 2006 - Attended "Assessing Public Trust & Accountability" AAM Workshop for Peer Reviewers 2003 - Attended "Evaluating Governance" AAM Workshop for Peer Reviewers 2003 - Keynote Speaker, Louisiana Museums Association, "The Future of Museums," New Orleans, LA 1998 - Graduate "Leadership Mobile" Class of 1998 1997 - Panelist at AAM Annual Meeting Session, "Creating Effective Partnerships Through Collections Sharing: Focus on the Museum Loan Network" 1997 - Attended "Basic Estate Planning" Course at Spring Hill College 1997 - Attended MMI Leadership Institute Workshop on "Marketing Planning" 1997 - Keynote Speaker, Georgia Association of Museums & Galleries Meeting, "Museums that Thrive: Practical Suggestions from the Field" 1995 - Attended "How to Evaluate Museum Exhibits" by Ala. Museums Assoc. 1994 - Attended "Board Development Workshop" by Alabama Power Company and Community Foundation of Mobile. 1985 - Attended "Nuts & Bolts of Art Packing" Workshop by Southeastern Museums Conference Registrars Committee. 1982 -Attended "Fund Raising" Workshop by Southern Arts Federation. 1981 -Attended "Museum Membership" Workshop by Southern Arts Federation. 1981 -Attended "Long Range Planning for the Small Museum" Workshop by Southeastern Museums Conference & SC Museums Commission. 1980 - 1985 Attended annual Grant Seminars by Georgia Council for the Arts. Attends annual meetings or conferences as time and resources permit. • SELECTED JUROR EXPERIENCE 2008 — 2013 TAMUCC President's Student Art Competition, Corpus Christi, TX 2009 International Juried Exhibition, Rockport Art Center, Rockport, TX 2009 Islander Student Art Association Annual Exhibition, TAMUCC, Corpus Christi 2008 Members Exhibition, Art Center of Corpus Christi, TX 2008 South Texas Art League Juried Exhibition, Corpus Christi, TX 2005 Arts for the Parks Juried Exhibition, Jackson Hole, WY 2004 Nature Works, Art Exhibition and Sale, Tulsa, OK 2003 Art Collection Twelve, WYES Television Art Auction, New Orleans, LA 2003 ArtsQuest Art Festival, Cultural Art Association, Santa Rosa Beach, FL 2002 TriState Art Competition, Okaloosa County/Ft. Walton Beach, FL 2001 "Birds in Art" International Exhibition, Wausau, WI 2001 U.S. Olympic Committee's World Youth Sport Art Competition, Daphne, AL 2000 4th Annual National All -Media Exhibition, Winter Haven, FL 2000 7th Annual Telfair Art Fair, Savannah, GA 1999 Pflimp Art Festival, Montgomery Museum of Fine Arts, Montgomery, AL 1998 Destin Festival of the Arts, Destin, FL 1997 Art with a Southern Drawl (SE Art Competition), University of Mobile, AL 1997 TriState Art Competition, Okaloosa County/Ft. Walton Beach, FL 1995 "Arts Alive '95" Art Exhibition and Festival, Florence, AL 1995 17th Annual Juried Exhibition, Brevard Museum of Art & Science, Melbourne, FL 1994 Wiregrass Biennial Art Competition, Wiregrass Museum of Art, Dothan, AL Art with a Southern Drawl (SE Art Competition) 1993, University of Mobile, AL WYES Television Art Auction, New Orleans, LA Auburn Art Association Juried Show, Auburn, AL Pensacola Museum of Art Annual Show, Pensacola, FL Bluff Park Art Show, Birmingham, AL Mobile, AL, University of South Alabama Student Art Show LaGrange, GA, LaGrange College Student Art Show Columbus, GA, Columbus College Student Art Show Carrollton, GA, West Georgia College Student Art Show Waycross, GA, Waycross Junior College Student Art Show Anderson, IN, Anderson College Student Art Show Columbus, GA, Artists Guild Show Montgomery, AL, Art in the Park Festival Atlanta, GA, Piedmont Art Festival Waycross, GA, Okefenokee Area Annual Competition Alabama State Council on the Arts, Visual Arts Fellowship Program Georgia Council for the Arts, Art Acquisitions Program and numerous public and private school art shows and mall art shows. • RECENT PROFESSIONAL MEMBERSHIPS 2011 to present: Texas Association of Museums 2004 to present: Mountain -Plains Museums Association 1976 to present: American Alliance of Museums 2008 to 2010: Rotary Club of Corpus Christi 2006 to 2007: The Committee of 100 - Tulsa 2005 to 2007: Association of Art Museum Directors 2004 to 2007: Oklahoma Museums Association 2004 to 2007: Rotary Club of Tulsa 2004 to 2007: Museums West Consortium 2004 to 2007: Tulsa Men's Forum 1998 to 2004: Leadership Mobile 1989 to 2004: Mobile United 1988 to 2004: Rotary Club of Mobile (Elected Paul Harris Fellow 1997) 1988 to 2004: Southeastern Museums Conference 1988 to 2004: Alabama Museums Association • SUCCESSFUL GRANT ACTIVITY FEDERAL - National Endowment for the Humanities — Consultation Project Grant; National Endowment for the Arts - Crafts Program, Exhibition Grant; USIA International Touring Exhibition Grant - "Out of the Woods" Exhibition, Film, Catalogue and International Tour; Institute of Museum and Library Services — Museums for America Grant awarded for 1 museum, Learning Opportunities Grant awarded for 1 museum, General Operating Support Grants awarded for 4 museums, Conservation Project Grants awarded for 3 museums, MAP I Grants awarded for 2 museums, MAP II Grants awarded for 2 museums, MAP III Grants for 2 museums, and CAP Grants for 2 museums. STATE - Texas Commission on the Arts —16 Project Grants and Stimulus Grant; Oklahoma Arts Council — 9 Project/Program Grants; Alabama State Council on the Arts - 16 General Support Grants and 10 expanded Grants for Projects; Alabama Humanities Foundation - 12 Project Grants; Georgia Endowment for the Humanities - 2 Project Grants; Georgia Council for the Arts - 33 grants awarded in various grant categories, i.e., general support, artist -initiated project, challenge grant, art acquisitions program, visual arts touring and art bus program; Georgia Governor's Intern Program - 2 grants awarded; Indiana Arts Commission - 10 grants awarded, various categories. OTHER - City of Corpus Christi and Texas A&M University — CC support awarded annually. Conducted $15.5 million capital expansion campaign at Mobile Museum of Art to expand museum to 95,000 square feet; opened facility on Sept. 6, 2002. City and County Government Support - awarded in Mobile, AL; LaGrange, GA; Waycross, GA, and Anderson, IN. Arts Council/Commission Grants — 4 Project Grants awarded in Corpus Christi, TX; 10 Project Grants awarded in Mobile, AL. Private Foundation Support - Grants awarded in Corpus Christi, TX; Tulsa, OK; Mobile, AL & LaGrange and Waycross, GA from several foundations. • HONORS AND AWARDS 2013 - Served on Momentum 2020 Planning Committee at TAMUCC 2003 - Nominee for Alabama Tourism Executive of the Year 2002 - City of Mobile Crystal Ball Award — fall quarter of 2002 2002 - Received "Excellence in Peer Review Service Award" from American Association of Museums (one of five awards given nationally). 2000 - City of Mobile Crystal Ball Award — spring quarter of 2000 1997 - Selected for "Leadership Mobile" Class of 1998. 1997 - Selected as a "Paul Harris Fellow" for the Rotary Club of Mobile. 1995 - Included in "Who's Who in America." 1989 - Included in "Who's Who in American Art." 1986 - Selected as one of 35 participants to the Getty Museum Management Institute and awarded a $1700 scholarship. 1983 - Selected as "Outstanding Supervisor" for the Southeast Georgia Area during the 1982 CETA Summer Youth Employment Program. 1981 - "Spark Plug of the Year" Award, Waycross, GA Jaycees. 1978 - "Outstanding Young Men of America" Anderson, IN. 1974 - Elected to "Who's Who in American Colleges & Universities" Huntingdon College, Montgomery, AL. 1973 - Selected to Kappa Pi International Honorary Art Fraternity, Sigma Chapter at Huntingdon College. 1973 - Elected Student Government Vice President, Huntingdon College. 1973 - Selected Huntingdon Marshal (Honorary), Huntingdon College. 1972 - Elected Sophomore Class President, Huntingdon College. 1971 - Selected for Jane Williams Award as the Outstanding Freshman Student in Activity, Huntingdon College. • CURATORIAL ACTIVITY Joe Schenk's curatorial activity has been extremely broad -ranging. At the Art Museum of South Texas, he coordinated the organization and touring of "Alexandre Hogue: An American Visionary — Paintings and Works on Paper," "Contemporary Masters: Works on Paper from the Collection of the Art Museum of South Texas," and is currently working on Dorothy Hood (1918-2000): The Color of Being/EI Color del Ser." At the Gilcrease Museum, he coordinated the organization and national touring of the exhibitions "After Lewis & Clark: The Forces of Change, 1806-1871" and "Las Artes de Mexico." In Mobile, he coordinated the major exhibition, "Picturing French Style: 300 Years of Art and Fashion," that opened the new Mobile Museum of Art and later traveled it to the Norton Museum of Art in West Palm Beach, Florida. He has written significant grant proposals for projects such as an United States information Agency (Arts in America) exhibition entitled, "Out of the Woods: Turned Wood by American Craftsmen" funded at $93,000 which included 61 works by 24 artists and toured to 18 museums in Eastern Europe from 1993-1997 and then toured the USA for three years. He also developed an exhibition on Georgia Crafts that was funded by the National Endowment for the Arts. Other notable exhibitions that he organized include: International Glass from the Haverty Collection; An Acquisitive Eye: Selections from the Collection of James M. Younger; Lee Loring: A Southern Sophisticate; Modernism and American Painting of the 1930s; Southern Outsider, Visionary and Folk Art from the Collection of Dr. A. Everette James, Jr.; Louise Lyons Heustis (1865-1951): A Retrospective; Alabama Impact: Contemporary Artists with Alabama Ties; Thirty Something (an exhibition of 30 gifts for the 30th Anniversary of the Fine Arts Museum of the South); Mobile Collects; Southeastern Juried Exhibitions (3 regional competitive shows); Art on the Move (an exhibition of wearable art); LaGrange Nationals (5 competitive exhibitions); Ric Snead — New Works; The Cochran Collection: Graphics by 20th Century Masters; Works by Warhol from the Cochran Collection; Indiana Collects; German Expressionist Prints; Fiesta: An Exhibition of Mexican Art; The Eckert Collection of American Coverlets; and Twentieth Century American Art from the Collections of Indiana Colleges and Universities. • PERSONAL INFORMATION Born: March 28, 1953 in Glendale (Luke Air Force Base), Arizona; Married to Jacqueline (Van Lierop) Schenk; Children: Brian lives in Atlanta, GA and Stuart lives in Los Angeles, CA; Home address: 324 Bayshore Dr., Corpus Christi, TX 78412; Phone (361) 723-1016; Home email address: jschenk©grandecom.net. References provided on request. AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of August 30, 2016 Second Reading for the City Council Meeting of September 13, 2016 DATE: August 16, 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 8110 and 8520 Agnes Street (State Highway 44) CAPTION: Case No. 0816-03 Rangeland Products Terminal, LLC: A change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit for a Heavy Industrial Use consisting of above ground storage tanks containing wholesale storage of fuels and lubricants. The subject property contains 189.1490 acres and is located at 8110 and 8520 Agnes Street (State Highway 44) between Agnes and Alpine Streets and between Chickery Street (unimproved) and Manning Road (County Road 53). PURPOSE: The purpose of this item is to rezone property to allow a heavy industrial use, wholesales storage of fuels and lubricants, in a light industrial zoning district by Special Permit. RECOMMENDATION: Planning Commission and Staff Recommendation: Approval of the change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit subject to the following conditions: 1. Allowed Uses: The only use allowed on the Property other than those uses allowed by -right in the "IL" Light Industrial District is the wholesale storage of fuel and lubricants. The number of above ground fuel tanks on the site plan is illustrative and therefore, could include more or less above ground fuel tanks as desired by the applicant, provided that all other requirements are in compliance. Hemispheric pressurized tanks shall be prohibited on the Property. 2. Fire Department Approval: Development of the Property, including the storage of fuels and lubricants, shall comply with all Fire Department requirements. 3. Storm Water Detention: The Owner shall construct and maintain any necessary aboveground detention facilities in a manner that prevents water from standing for longer than 48 hours after the design storm and the drainage facilities shall remain completely dry between storms. 4. Federal Aviation Administration (FAA): The Owner shall submit notice to the FAA prior to obtaining building permits for each structure or tank or to the temporary location of potential aviation hazards such as construction cranes on site. 5. Airport Hazards: a. Height: The Maximum height of structures shall comply with the City's Airport Zoning Ordinance and the most current conical surfaces map of Corpus Christi International Airport. b. Lighting: All lighting shall be shielded toward the site and shall not conflict with airport flight operations per the Corpus Christi Airport Zoning Regulations. c. Other Airport Hazards: No use or activity shall create electrical interference with navigational signals or radio communication between airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport. 6. Landscaping and Screening: The Owner shall install and maintain landscaping in the southeast corner of the Property at the corner of Agnes Street and Manning Road. A landscape street yard shall be delineated by a triangle formed by a line tangent to the proposed railroad tracks and the street right-of-way lines of Agnes Street and Manning Road. Within this landscape street yard, the minimum required landscaped area shall be 15% of the total street yard and the street yard shall be landscaped with plant material approved by Corpus Christi International Airport and listed in the UDC to achieve a minimum of 0.02 points per square foot of total street yard area. Landscaping shall not be required along Manning Road, Alpine Street or the unimproved Chickery Street right-of-way, however, landscape screening of parking lots and truck loading facilities within 100 feet of any street right-of-way shall be required in accordance with UDC Section 7.3.11. 7. Land Use Compatibility in Accident Potential Zones: The Owner shall not exceed a maximum Floor Area Ratio (FAR) of 0.28 in Accident Potential Zone (APZ) - 1 and 0.56 in APZ-2. 8. Time Limit: This Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted. In the case of a phased project, subsequent building permit applications shall be submitted within 18 months from the date of issuance of the Certificate of Occupancy or final approved inspections for the previous phase of the development. The Special Permit shall expire if the use is discontinued for more than six consecutive months. Vote Results For: 9 Against: 0 Absent: 0 BACKGROUND AND FINDINGS: The applicant plans to construct a wholesale distribution facility for fuels and lubricants. The proposed development will include a tank farm consisting of approximately 16 storage tanks containing petrochemicals including fuels, lubricants, crude oil and propane. The storage tanks will range in size from 70 -foot in diameter to 150 -foot in diameter with capacities ranging from 1,134,000 to 5,040,000 gallons. The facility will also contain an office, employee parking lot with approximately 40 parking spaces, rail yard, train loading facility and a four -spot truck loading facility. The maximum height proposed for any structure is 100 -feet above mean sea level, or 56.5 -feet above the ground elevation. The property will have vehicular access (i.e. driveway) to Alpine Road. The facility will comply with all fire safety regulations and will be located at least 400 feet away from existing residential uses. While all heavy industrial uses would not be compatible with the airport, the proposed Special Permit is a zoning tool that can be used to narrowly define and control the desired heavy industrial use in a manner that will not conflict with the intent of the Comprehensive Plan or the operations at Corpus Christi International Airport. The primary intent of the Comprehensive Plan with regard to the subject property is to create land use compatibility with the Airport and create an attractive entryway to the city (scenic corridor). The applicant is in agreement with the staff's recommendation except for the required landscaping. The applicant has requested that the landscaping requirements be waived as landscaping could provide habitat for bird nesting areas and create a bird strike threat to airport operations and that the landscaping would interfere with onsite visual security of the facility. Note: Staff is of the opinion that oleander plantings will reduce the potential for bird nesting sites as compared with tree plantings and still accomplish the goal of creating an attractive entry way to the city. Standard landscaping requirements would require landscaping along all abutting roadways rather than just along one roadway, as proposed in the Special Permit conditions. ALTERNATIVES: 1. Deny the request. 2. Modify the conditions of the Special Permit. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Port/Airport/Violet Area Development Plan. The applicant's request for a Special Permit ("SP") for a heavy industrial use is not consistent with the Future Land Use Map, which designates the property for light industrial land uses. If approved, the base zoning, "IL" Light Industrial District, will remain in place with an "SP" Special Permit overlay, which will not require a change to the Future Land Use map. The goals and policies in the City's Comprehensive Plan are intended to protect the airport from encroachment of incompatible land uses and to create an attractive entry to the city. The Special Permit conditions, in staff's opinion, will achieve these goals and policies of the Comprehensive Plan and therefore a change to the Future Land Use Plan map will not be necessary. 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 Rangeland Products Terminal, LLC on behalf of Norma Lee Stockseth and Rafael Leal Cavazos ("Owners"), by changing the UDC Zoning Map in reference to a 189.1490 -acre tract of land located on Agnes Street (State Highway 44) west of Manning Road, from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit for the wholesale storage of fuels and lubricants; 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 Rangeland Products Terminal, LLC on behalf of Norma Lee Stockseth and Rafael Leal Cavazos ("Owners"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 24, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "IL" Light Industrial District o the "IL/SP" Light Industrial District with a Special Permit, and on Tuesday, August 30, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the applicant submitted a site plan for the development of the property with the uses allowed by the Special Permit, and the City reviewed such site plan as shown in Exhibit "A;" 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 Rangeland Products Terminal, LLC on behalf of Norma Lee Stockseth and Rafael Leal Cavazos ("Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 189.1490 -acre tract of land, situated in the C.C. & S.F.R.R. Survey No. 313, Abstract 817, J.R. Ward Survey No. 316, Abstract 1005, Charles Land Patent No. 245, Survey No. 404, Abstract 975 and Abstract 976, and being a portion of Lots 1, 2, 11 & 12 of the H.B. Sheppard Farm Lots, and being a portion of the same tract of land known as a Share 6, a called 97.60 acres as conveyed to H.W. lsensee in Volume 317, Page 248 Deed Records of Nueces County, Texas, being the same tract of land as conveyed to Norma Lee Stockseth in Document No. #2011026126 O.P.R.N.C.T. and also being a portion of the same tract of land known as Share 7 conveyed to Nellie lsensee Fisher in Volume 317, Page 248 Deed Records of Nueces County, Texas, being the same tract of land conveyed to Rafael Leal Cavazos in Document No. #2004056050 O.P.R.N.C.T., located between Agnes Street (State Highway 44) and Alpine Street and between Chickery Street (unimproved) and Manning Road (County Road 53) (the "Property"), from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit for the wholesale storage of fuels and lubricants (Zoning Map No. 057044), as shown in Exhibits "B" and "C." Exhibit B, which is a metes and bounds description of the Property, and Exhibit C, which is a map to accompany the metes and bounds description, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the requirements of Exhibit C and the following conditions: 1. Allowed Uses: The only use allowed on the Property other than those uses allowed by -right in the "IL" Light Industrial District is the wholesale storage of fuel and lubricants. The number of above ground fuel tanks on the site plan is illustrative and therefore, could include more or less above ground fuel tanks as desired by the applicant, provided that all other requirements are in compliance. Hemispheric pressurized tanks shall be prohibited on the Property. 2. Fire Department Approval: Development of the Property, including the storage of fuels and lubricants, shall comply with all Fire Department requirements. 3. Storm Water Detention: The Owner shall construct and maintain any necessary aboveground detention facilities in a manner that prevents water from standing for longer than 48 hours after the design storm and the drainage facilities shall remain completely dry between storms. 4. Federal Aviation Administration (FAA): The Owner shall submit notice to the FAA prior to obtaining building permits for each structure or tank or to the temporary location of potential aviation hazards such as construction cranes on site. 5. Airport Hazards: a. Height: The Maximum height of structures shall comply with the City's Airport Zoning Ordinance and the most current conical surfaces map of Corpus Christi International Airport. b. Lighting: All lighting shall be shielded toward the site and shall not conflict with airport flight operations per the Corpus Christi Airport Zoning Regulations. c. Other Airport Hazards: No use or activity shall create electrical interference with navigational signals or radio communication between airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport. Ordinance - Rangeland Revised Page 2 of 4 6. Landscaping and Screening: The Owner shall install and maintain landscaping in the southeast corner of the Property at the corner of Agnes Street and Manning Road. A landscape street yard shall be delineated by a triangle formed by a line tangent to the proposed railroad tracks and the street right-of-way lines of Agnes Street and Manning Road. Within this landscape street yard, the minimum required landscaped area shall be 15% of the total street yard and the street yard shall be landscaped with plant material approved by Corpus Christi International Airport and listed in the UDC to achieve a minimum of 0.02 points per square foot of total street yard area. Landscaping shall not be required along Manning Road, Alpine Street or the unimproved Chickery Street right-of-way, however, landscape screening of parking lots and truck loading facilities within 100 feet of any street right-of-way shall be required in accordance with UDC Section 7.3.11. 7. Land Use Compatibility in Accident Potential Zones: The Owner shall not exceed a maximum Floor Area Ratio (FAR) of 0.28 in Accident Potential Zone (APZ) - 1 and 0.56 in APZ-2. 8. Time Limit: This Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted. In the case of a phased project, subsequent building permit applications shall be submitted within 18 months from the date of issuance of the Certificate of Occupancy or final approved inspections for the previous phase of the development. The Special Permit shall expire if the 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 - Rangeland Revised 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 - Rangeland Revised Page 4 of 4 V 118IHX CREW CHANGE m_ o --- --, � -2 LEGEND Existing Track - Optional Facility Access Corpus Christi Site I 120 Car Unit Train Length .- Unit Length Clear _7f 0 -- � Type (ft) Length 4 Spot Propane Unloading 2 Locomotive 75 150 <>MP 154.55; 10 Spot Refined Product Unloading 1 Buffer Car 60 60 120 Rail Cars 62 7440 CREW : Bad Orde Admin Rldg 1 Buffer Car 60 60 Tracks racks (3) 2 Locomotive 75 150 1,\+: Train Length 7860 �' Operat anal Buffer 200 200 TRUCK Required ClearTreck(ft) 8060 MI VDU - �1." ' RAIL VDU-� 4 -T8 -T13 ,/ �/ eo,v�, rn,.,:,. rax Clear �n rcn ma Lemon II Tilf11011, Bad Order110111......--- Tracks (3) ' - -4 Spot Truck Load/Unload �� Lean 624 Pump, Meter, Elec Area ���� Outer Loop Track - DePar.e 8276 8352 8536 9002 «n z - Inner Loop - Departure 10 Spot Refined Product Loading 8 8 8080 8180 - Outer Loop - Departure 4 Spot Propane Loading Outer Loop - Receiving - 1 1 M 12999 i Outer Loop Bad Order Tracks 8397 3235 s Crude Gathering Line Inner Loop - Receiving _y NI I 1643 2357 �'..S. Tank Farm Pumps/Meters 8 8 Gas Gathering Line op0Manifest ��a �Load :,�n1�a n"3Ta"1uP�n aaea 3000 3031 11 z «11 3 -- - __.- _� ____ 8 8 ' an�ao�lTa�anaom� TOTAL oo sszxs no szasa s -a III, 9 ,., i Mili i Product Storage Tanks - Crude Transmission Tank Type DIA Volume Line T1 Transmlx 70' 27k BBL ® ® ® © T4 CI( T2 High Grade Gasoline 70' 22k BBL T3 High Grade Gasoline 70'27k BBL - _ �,, i T4 Diesel 120' Bnk BBL © TS T7Ts Diesel 120' 80k BBL --___ T6 Gasoline 140' 80k BBL --' --___ i T7 Gasoline 140' 801e BBL T8 Propane 100" 90k Gal Bad Orde.-"= Manifest Support Tracks T9 Propane 130" 90k Gal -Manifest Transload Track Tracks (3) T10 T12 Propane Propane 130" 130" 90k Gal 90k Gal T1 Propane 130" 90k Gal -Pipeline Mech/Elect Equipment T13 Propane 130" 901, Gal T14 crude Iso• 120k BBL .i T15 crude 150' 120k BBL Proposed Manifest T16 crude Iso' 120k BBL Proposed Loop Receiving _n\ „ `. - _e Tank volumes are estimated working volumes Proposed Loop Departure 'L _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Existing Gas Transmission Line_ _ Stub Ended Unit Train Operation 300 0 300 600 \ Proposed Unit Stub Ended Proposed Bad Order Property Line ------ 2 - Double Sided Racks 4- Tracks 30 - 62' cars each ' SC n L F IN FE E T .ePa.N+LS-wiON..eAE-TrtLE H o[naamI[vio..E EXHIBIT �m��N o..E RANGELAND OPDUCSTERMINAL,LLC CRO STEPS TERMINAL RRangeland Energy &COMPANY ,. ,.,,, ,i1m011 EETNn LI"„nL",o ,E.ws"n _ n Clalstl-L".r,s STATE OF TEXAS NUECES COUNTY A field note description for a 189.1490 acres (8,239,329 Square Feet) tract of land, situated in the C.C.&S.F.R.R. Survey No. 313, Abstract 817, J.R. Ward Survey No. 316, Abstract 1005, Charles Land Patent No. 245, Survey No. 404, Abstract 975 and Abstract 976, and being a portion of Lots 1, 2, 11 & 12of the H.B. Sheppard Farm Lots, as recorded in Volume A, Page 51 Map Records of Nueces County, Texas (M.R.N.C.T.), and being a portion of the same tract of land known as a Share 6, a called 97.60 acres as conveyed to H.W. Isensee in Volume 317, Page 248 Deed Records of Nueces County, Texas (D.R.N.C.T.), being the same tract of land as conveyed to Norma Lee Stockseth in Document No. #2011026126 O.P.R.N.C.T. and also being a portion of the same tract of land known as Share seven (7) conveyed to Nellie Isensee Fisher in Volume 317, Page 248 Deed Records of Nueces County, Texas (D.R.N.C.T.), being the same tract of land conveyed to Rafael Leal Cavazos in Document No. #2004056050 O.P.R.N.C.T., BEGINNING at a 1/2 inch iron rod found in the centerline of Manning Road, (County Road 53), and the centerline of Alpine Street (County Road 40) same point being the southeast corner of a called 162.3 acres as conveyed to Dorothy Pavelka Trust in Document No. #2013036094 O.P.R.N.C.T., same point being the northwest corner of a called 6.674 acres, out of Lot 10 of the said H.B. Sheppard Farm Lots, for the northeast corner and the northwest corner of a called 6.674 acres, out of Lot 10 of the said H.B. Sheppard Farm Lots, same point being the northeast corner of the said 189.1490 acres (8,239,329 Square Feet) and the "POINT OF BEGINNING" of the herein described tract; THENCE South 00°42'39" East, along and with the centerline of the said Manning Road, along and with the common boundary of the said Rafael Leal Cavazos tract and the herein described tract, and the west boundary of the following nine (9) tracts: 1. Mineral Processing & Marketing, Called 6.674 acres out of Lot 10 of the said HB. Sheppard Farm Lots, Doc. No. #2004003645 O.P.R.N.C.T.; 2. Mineral Processing & Marketing, Lot 4, Block 1, Manning Subdivision Vol. 50, Pg. 108-109 M.R.N.C.T., Doc. No. # 2004003645 O.P.R.N.C.T.; 3. Baker Hughes Inteq, Called 50624 acres out of Lot 10 of the said H.B. Sheppard Farm Lots, Vol. A, Pg. 51 M.R.N.C.T.; 4. Baker Hughes Inteq, Lot 1, Block 1, Manning Village, Vol. 44, Pg. 79, M.R.N.C.T.; 5. Baker Hughes Inteq, Lot 2, Block 1, Manning Village, Vol. 48, Pg. 140, M.R.N.C.T.; 6. Christopher & Lillian Bleacher, Lot lA & 1B, Block 2, H.B. Sheppard Farm Lots, Vol. 45, PG 155, M.R.N.C.T., Doc. No. #2006038160, O.P.R.N.C.T.; EXHIBIT B 7. Recycle Drive, (55' R.O.W.) Public Roadway, Vol. 883, pg 136-138 D.R.N.C.T.; 8. Victor Hernandez, Called 3.604 acres out of Lot 3, of the said H.B. Sheppard Farm Lots, Doc. No. #850466 O.P.R.N.C.T.; 9. Mineral Processing & Marketing Inc., called 4.8141 acres out of the west half (1/2) of Lot 14 & a portion of Section 316, of the said H.B. Sheppard Farm Lots, Doc. No. #2007055084, O.P.R.N.C.T. A distance of 2,867.21 feet to a PK nail with flasher, found in the north R.O.W. of Kansas City Southern Railroad, (100' R.O.W.), same point being the southwest corner of the called 4.8141 acres (Mineral Processing & Marketing, Inc tract) for the southeast corner of the herein described tract; THENCE South 88°43'49" West, along and with the common boundary of the said Kansas City Southern Railroad and the herein described tract, at 1480.41 feet passing a 1 inch iron bar found for the southwest corner of the said Rafael Leal Cavazos tract, same point being the southeast corner of the said Norma Lee Stockseth tract, in all a distance of 2,858.70 feet to a 5/8 inch iron rod found in the east boundary of a dedicated 50' R.O.W., known as Hickory Street as recorded in Clarkwood Tracts Subdivision, Volume 16, Page 38, M.R.N.C.T., a for the southwest corner of the said Norma Lee Stockseth tract and the southwest corner of the herein described tract; THENCE North 00°42' 13" West, along and with the common boundary of the said east R.O.W. of Hickory Street and the west boundary of the herein described tract, a distance of 2,905.49 feet to a PK nail found in the center of Alpine Street (30' R.O.W.) and Chickory Street, same point being the southwest corner of a called 6.246 acres as conveyed to William Michael Sheets in Document No. #2013034896, O.P.R.N.C.T., for the northwest corner of the herein described tract; THENCE North 89°30'42" East, continuing along and with the south boundary of the said William Michael Sheets tract and the said Dorothy Pavelka Trust tract and the north boundary of the said Norma Lee Stockseth tract, a distance of 1,375.98 feet to a 5/8 inch iron rod plastic cap stamped "RPLS 6320" found for the northeast corner of the said Norma Lee Stockseth tract, same point being the northwest corner of the said Rafael Leal Cavazos tract for an interior of the herein described tract; THENCE North 89°11'46" East, continuing along and with the south boundary of the said Dorothy Pavelka Trust tract and the north boundary of the said Rafael Leal Cavazos tract, a distance of 1,480.37 feet the "POINT OF BEGINNING" and containing within these metes & bounds 189.1490 acres (8,239,329 Square Feet) of land, more or less. (All bearings are based on The Texas Coordinate System, South Zone 4205, NAD 83) and verified to property corners found in the ground. I hereby certify that the foregoing legal description was prepared from survey performed on the ground on June 7, 2016, under my supervision and it correctly represents the facts found at the time of the survey. EXHIBIT B Xavier Sandoval Registered Professional Land Surveyor License No. 5886 State of Texas EXHIBIT B NORTH LeG r N 00'42'13" W DOROTHY PAVELKA TRUST CALLED 162.3 ACRES, I OUT OF LOTS 13 & 20, A -»»i. H.B. SHEPPARD FARM LOTS, VOL. A, PC 51, M.R.N.C.T. DOC. NO. #2013036094, N 89°30'42" E 1375.98' ALPINE STREET 40 R0 NORMA LEE STOCKSETH REMAINING PORTION OF 91.354 ACRES, PORTON OF SHARE 8 & - LOTS 1 Pe 12, H.B. SHEPPARD VOL A. PC 51, M.R.N.C.T.. DOC No. 2011026128, 0.P.R.N.C.T. 0 AGNES STREET 400 PL GUY SW !HERO HNLHU N 89°11'46" E 1480.37' ALPINE STREET <40' R.0.W.1 5/8" IRF W/CAP RPLS 8320 al irwxoa: 11'4 RAFAEL ZEAL CAVAZOS CALLED 97.72 ACRES, OUT OF SHARE NO. F. ALL OF LOTS 2 & 11, PORTON OF LOT I & 12, H.B. SHEPPARD FARM LOTS, vDL.. 0. 21, 4058050. DOC. N0. 405800. D00 M N SURVEY NO. 31. POINT OF BEGINNING 5/8" IRF W/CAP RPLS 6320 MINERAL PROCESSNG & MARKETIN CALLED 6.674 ACRES, OUT OF LOT M.B. SHEPPARD FARM LOTS, VOL. A, PG 51, M.R.N.C.T. DOC. NO. 12004003845, O.P.R.N.C. MINERAL PROCESSING & MARKETING, LOT 4, BLOCK 1, MANNING VILLAGE. VOL. 50, PG 108-109, M.R.N.C.T., DOC. N0. 1 2004003845, 0.P.R.N.C.T BAKER HUGHES 161E0 CALLED 5.824 ACRES OUT OF LOT H.B. SHEPPARD FARM LOTS, BAKER HUGHES 161E0 IAT 1, BLOC( I, MANNING VILLAGE. BALER HUGHES INTEO OT 2, BLOCK I, MANNING VILLAGE, VOL 48, PC 11 CHRISTOPHER & LILLIAN BLEACH LOT 1A & 18, BLOCK 2, VOL. 45, M.R.N.C.T.,H.B. SHEPPARD FARM Doc. Na. #2008038180 O.P.R.N.I RECYCLE WNE VICTOR HERNANDEZ CALLED 3.604 ACRES OUT OF LOT 3, H.B. SHEPPARD FARM LOTS VOL A. PG 51. M.R.N.C.T. DOC. NO. 8850466, O.P.R.N.0 MINERAL PROCESSNC & MARKE CALLED 4.8141 ACRES OUT 6/2 PORTION OF SECTON 31 H.B. SHEPPARD FARM LO VOL. A, PC 51, M.R.N..T DOC. NO. #2007055084, O.P.R 5 88'43'49" W 2858.70' 800 1200 1" = 400' 189.1490 ACRES (8,239,329 SQUARE FEET) TRACT OF LAND, SITUATED IN THE C.C.&S.F.R.R. SURVEY NO. 313, ABSTRACT 817, J.R. WARD SURVEY NO. 316, ABSTRACT 1005, CHARLES LAND PATENT NO. 245, SURVEY NO. 404, ABSTRACT 975 AND ABSTRACT 976, AND BEING A PORTION OF LOTS 1, 2, 11 & 120F THE H.B. SHEPPARD FARM LOTS, AS RECORDED IN OLUME A, PAGE 51 MAP RECORDS OF NUECES COUNTY, TEXAS .R.N.C.T.), AND BEING A PORTION OF THE SAME TRACT OF LAND KNOWN AS A SHARE 6, A CALLED 97.60 ACRES AS CONVEYED TO H.W. ISENSEE IN VOLUME 317, PAGE 248 DEED RECORDS OF NUECES COUNTY, TEXAS (D.R.N.C.T.), BEING THE SAME TRACT OF LAND AS CONVEYED TO NORMA LEE STOCKSETH IN DOCUMENT NO. #2011026126 0.P.R.N.C.T. AND ALSO BEING A PORTION OF THE SAME TRACT OF LAND KNOWN AS SHARE SEVEN (7) CONVEYED TO NELLIE ISENSEE FISHER IN VOLUME 317, PAGE 248 DEED RECORDS OF NUECES COUNTY, TEXAS (D.R.N.C.T.), BEING THE SAME TRAC OF LAND CONVEYED TO RAFAEL LEAL CAVAZOS IN DOCUMENT NO. #2004056050 0.P.R.N.C.T., NOTES: • THE SUBJECT PROPERTY IS SITUATED WITHIN FLOOD ZONE "C". KNOWN AS AREAS OF MINIMAL FLOODING AS INDICATED ON FEMA FIRM COMMUNITY PANEL NUMBER: 485464 0145 C, MAP REVISED DATE: JULY, 18 1985, FOR NUECES COUNTY, TEXAS. • *SURVEYOR DOES NOT GUARANTEE OR WARRANT THE ACCURACY OR CORRECTNESS OF FEMA FIRM MAPS. • GRID BEARINGS ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD83, SOUTH ZONE 4205. • A METES & BOUNDS DESCRIPTION ACCOMPANIES THIS BOUNDARY EXHIBIT. • 0.P.R.N.C.T. = OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS. • M.R.B.N.C.T. = MAP RECORDS OF NUECES COUNTY, TEXAS. • D.R.B.N.C.T. = DEED RECORDS NUECES COUNTY TEXAS. • 0.P.R.N.C.T. = OFFICIAL PUBLIC RECORDS NUECES COUNTY, TEXAS. • ALL PROPERTY CORNERS SET ARE 5/8" IRON RODS WITH PLASTIC CAP STAMPED "XDS" EXCEPT AS NOTED. • 12 = DENOTES PROPERTY LINE. • ALL RIGHTS RESERVED © UCC1-2.7. REGISTERED PROFESSIONAL LAND SURVEYOR LICENSE NO. 5886, STATE OF TEXAS I, XAVIER SANDOVAL, REGISTERED PROFESSIONAL LAND SURVEYOR OF TEXAS, DO HEREBY CERTIFY THAT THIS PLAT REPRESENTS AN ON THE GROUND SURVEY, PERFORMED UNDER MY SUPERVISION THIS THE 7TH DAY OF JULY, 2016. XDS DATE 07#17 ;2016Lx1 T D SXDS APPROVED XDS DATE 07,18 2016 E SURVEYING 1 LIPPING SCALE I"-400' PROJECT ND. 160701 XD5 LAND 9URVLTING, LLC. PhONE: 210.718.71.59 V0 70dsandova'@71071.c FIRM REGIS -RATION 10194170 EXHIBIT C Aerial Overview 1 N Aerial At N Site Plan ALPINE ST. NI 1 SeNdl .opaue, '"'"s" AGNES ST. z z N Staff Recommendation Approval of the Change of Zoning to the "IL/ SP" Light Industrial District with a Special Permit Special Permit Conditions 1. Uses: • Light Industrial Uses • Wholesale storage of fuel and lubricants • Hemispheric pressurized tanks prohibited 2. Fire Dept. Approval: Required during permitting. 3. Storm Water Detention: • Detention Ponds - Prevent water from standing for longer than 48 hours after the design storm • Drainage facilities shall remain completely dry between storms. Special Permit Conditions 4. Federal Aviation Administration: Submit notice to FAA prior to obtaining building permits 5. Airport Hazards: • Height - Max. consistent w/Airport Zoning Ordinance • Lighting - Shielded toward site • Other Hazards - > Electrical interference with navigational signals > Interference with pilots distinguishing airport lights > Glare in pilots' eyes. > Bird strikes > Other inference with takeoff, landing, maneuvering Special Permit Conditions 6. Landscaping/Screening: • Landscaping of the southeast corner of the site • Landscaping required of any parking lot and truck loading facilities located within 100 feet of a street. • No additional landscaping along Alpine, Manning, or the unimproved Chickery Street. 7. Land Use Compatibility in AICUZ: • Maximum Floor Area Ratio of 0.28 in APZ-1 • Maximum Floor Area Ratio of 0.56 in APZ-2 Special Permit Conditions 8. Time Limit: • This Special Permit shall expire 12 months after approval unless a complete building permit application has been submitted. • For phased construction, each application shall be submitted within 18 months from the date of issuance of a Certificate of Occupancy or final approved inspections for the previous phase. • The Special Permit shall expire if the use is discontinued for more than six consecutive months. PLANNING COMMISSION FINAL REPORT Case No.: 0816-03 HTE No. 16-10000028 Planning Commission Hearing Date: August 24, 2016 Applicant: Rangeland Products Terminal, LLC Owner: Norma Lee Stockseth & Rafael Leal Cavazos Representative: Ram Munoz, Munoz Engineering Location: 8110 and 8520 Agnes Street (State Highway 44) between Agnes and Alpine Streets and between Chickery Street (unimproved) and Manning Road (County Road 53). Legal Description: Being a 189.1490 -acre tract of land, situated in the C.C. & S.F.R.R. Survey No. 313, Abstract 817, J.R. Ward Survey No. 316, Abstract 1005, Charles Land Patent No. 245, Survey No. 404, Abstract 975 and Abstract 976, and being a portion of Lots 1, 2, 11 & 12 of the H.B. Sheppard Farm Lots, and being a portion of the same tract of land known as a Share 6, a called 97.60 acres as conveyed to H.W. lsensee in Volume 317, Page 248 Deed Records of Nueces County, Texas, being the same tract of land as conveyed to Norma Lee Stockseth in Document No. #2011026126 O.P.R.N.C.T. and also being a portion of the same tract of land known as Share 7 conveyed to Nellie lsensee Fisher in Volume 317, Page 248 Deed Records of Nueces County, Texas, being the same tract of land conveyed to Rafael Leal Cavazos in Document No. #2004056050 O.P.R.N.C.T. Zoning Request From: "IL" Light Industrial District To: "IL/SP" Light Industrial District with a Special Permit for the wholesale storage and distribution of fuels and lubricants Area: 189.1490 acres Purpose of Request: To allow construction of a tank farm for wholesale storage of fuels and lubricants and accessory uses including an office, employee parking and rail yard. y C d ' E U) o � N a) }, • J U) . x w Site North South East West Existing Zoning District "IL" Light Industrial "IL" Light Industrial "IL" Light Industrial "IL" Light Industrial "IH" Heavy Industrial Existing Land Use Vacant Vacant Vacant Public Semi -Public Vacant Light Industrial Heavy Industrial Vacant Light Industrial Future Land Use Light Industrial Light Industrial Light Industrial Public Semi -Public Light Industrial Light Industrial Zoning Report Case # 0816-03 Rangeland Products Terminal, LLC Page 2 ADP, Map & Violations Area Development Plan: The subject property is located in the Port/Airport/Violet Area Development Plan (ADP) and is planned for light industrial uses. The proposed change of zoning to the "IL/SP" Light Industrial District with a Special Permit for a heavy industrial use is not consistent with the Comprehensive Plan Future Land Use designation of the property for light industrial uses. Map No.: 057044 Zoning Violations: None Transport- ation Transportation and Circulation: The subject property has approximately 2,800 feet of frontage along State Highway 44, which is an "F1" Freeway/Expressway and same amount of frontage on Alpine Street, a designated "C2" Collector Street. There is approximately 2,860 feet of frontage on Manning Road, a designated A2 Secondary Arterial Roadway and also on Chickery Street, an unimproved Local Street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Agnes«F1„ Street (SH 44) Freeway/Expressway 400' ROW varies paved 326' ROW 160' paved 15,788 E 12,589 W (2007) Manning Road "A2" Secondary Arterial 100' ROW 54' paved 60' ROW 24' paved NA Alpine Street "C2" Secondary Collector 65' ROW 41' paved 60' ROW 24' paved NA Chickery Street Local Street 50' ROW 28' paved 60' ROW Unimproved NA Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit to allow construction of a facility for aboveground wholesale storage and distribution of fuels and lubricants. The proposed use is classified as "petroleum, gasoline, and lubricating oil refining, and wholesale storage," which is a "heavy industrial" use and may be allowed by Special Permit in the "IL" Light Industrial District. The facility will also contain an office, an employee parking lot, a rail yard, train loading and a truck loading facility. K:\DevelopmentSvcs\SHARED\ZONING CASES \2016\0816-03 Rangeland Products Terminal, LLC\Council Documents\8-25-16 Legistar Items\0816- 03 Report Rangeland Products Terminal, LLC 8-25-16 Revised.docx Zoning Report Case # 0816-03 Rangeland Products Terminal, LLC Page 3 Development Plan: The applicant plans to construct a wholesale distribution facility for fuels and lubricants. The proposed development will include a tank farm consisting of approximately 16 storage tanks containing petrochemicals including fuels, lubricants, propane and crude oil. The storage tanks will range in size from 70 -foot diameter to 150 -foot diameter with capacities ranging from 1,134,000 to 5,040,000 gallons. The facility will also contain an office, employee parking lot with approximately 40 parking spaces, rail yards, train loading facility and a four spot truck loading facility. The maximum height proposed for any structure is 100 -feet above mean sea level, or 56.5 -feet above the ground elevation. The property will have driveway access to Alpine Road. The facility will comply with all fire safety regulations and will be located at least 400 feet away from existing residential uses. Existing Land Uses & Zoning: North of the subject property is zoned for "IL" Light Industrial District including vacant land and Low Density Residential uses. East of the subject property is zoned with the "IL" Light Industrial District containing vacant land, one commercial and two heavy industrial uses. South of the subject property is zoned "IL" Light Industrial District with property uses including Agnes Street (SH 44) right-of-way, vacant land and a commercial use. West of the subject property is zoned with the "HI" Heavy Industrial District and includes unimproved Chickery Street right-of-way, vacant land and one light industrial use. Navy Land Use Compatibility in Accident Potential Zones (APZs): Navy Air Installation Compatibility Use Zones (AICUZ) do not officially exist around the runways of Corpus Christi International Airport (CCIA). However, as part of the Naval Air Station Corpus Christi (NAS) Joint Land Use Study (JLUS), AICUZs have been proposed for CCIA runways, and the subject property is located in APZ-I of the CCIA existing main runway. Due to the explosive characteristics of the proposed use, the Navy would discourage the proposed use at this location within an APZ. The Navy's Land Use Compatibility Recommendations Table (table), which is included in the City's UDC, identifies broad categories of land uses that are acceptable in the Clear Zones and APZs. The proposed use is specifically classified as "petroleum bulk stations and terminals — wholesale." This category falls into the broader category identified in the table of "wholesale trade," which is a compatible land use in the APZ-I and APZ-II. However, in a footnote under the compatible land use table it does state that the explosive characteristics of a proposed use should be considered when determining if a proposed use is appropriate within an APZ. After consulting with the Navy, this footnote should apply to the "wholesale trade" use category and they will recommend that the next version of the table include the footnote that consideration be given to a land use's explosive characteristics. The Navy also commented on the fact that the table does not allow "manufacturing or petroleum refining and related industries" in a Clear Zone or APZ. K:\DevelopmentSvcs\SHARED\ZONING CASES \2016\0816-03 Rangeland Products Terminal, LLC\Council Documents\8-25-16 Legistar Items\0816- 03 Report Rangeland Products Terminal, LLC 8-25-16 Revised.docx Zoning Report Case # 0816-03 Rangeland Products Terminal, LLC Page 4 As part of the NAS JLUS, the City created two new zoning districts to increase land use compatibility around the runways. Those districts are the "IC" Industrial Compatible District and the "CC" Commercial Compatible District, and both districts specifically prohibit aboveground fuel storage of any capacity. These new districts were intended for properties within an AICUZ. Corpus Christi International Airport (CCIA) Comments: The existing main runways approach path will be directly over the subject property, making the aboveground bulk storage of fuels of particular concern to the City. The City Aviation Department has not objected to the proposed development provided that property owner complies with FAA filing requirements and the City Airport Hazard Ordinance. Federal Aviation Administration (FAA) - Determinations of Hazards The applicant is required to request a determination of hazards from the FAA for each structure constructed on the subject property. The applicant will also have to submit a "Notice of Actual Construction" to the FAA for each structure. Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed rezoning is within the boundaries of the Port/Airport/Violet ADP, which designates the property for a light industrial use. If this Special Permit is approved, the base zoning district of "IL" Light Industrial will not change and therefore the Future Land Use Map will not be modified by this rezoning. • Areas surrounding existing private, public, and military airports should be developed in a manner that is compatible with the operation of the airports. (Corpus Christi Policy Statements, General, Policy Statements i) • Minimize incompatible land uses surrounding the airport while encouraging aviation dependent industrial businesses to take advantage of the proximity and access to the airport. (Port/Airport/Violet ADP, Principal Plan Objective f.) • This Port/Airport/Violet ADP identifies State Highway 44 as a scenic corridor. Heavy industrial uses, such as a tank farm, and billboards should be prohibited along scenic corridors. (Port/Airport/Violet ADP, Policy Statement B.7) Department Comments: • The proposed heavy industrial use is not consistent with the Future Land Use Map designation of Light Industrial use. The City planned for light industrial uses to be located around Corpus Christi International Airport (CCIA), so that manufacturing uses would not conflict with airport operations. • While all heavy industrial uses would not be compatible with the airport, the proposed "SP" is a zoning tool that can be used to narrowly define and control the desired heavy industrial use in a manner that will not conflict with the intent of the Comprehensive Plan or the operations at Corpus Christi International Airport. The primary intent of the Comprehensive Plan at this location is airport land use compatibility and creating an attractive entryway to the city (scenic corridor). K:\DevelopmentSvcs\SHARED\ZONING CASES \2016\0816-03 Rangeland Products Terminal, LLC\Council Documents\8-25-16 Legistar Items\0816- 03 Report Rangeland Products Terminal, LLC 8-25-16 Revised.docx Zoning Report Case # 0816-03 Rangeland Products Terminal, LLC Page 5 • The proposed development is directly underneath the existing main runway at CCIA. The property is subject to the City's Conical Surfaces map which controls height and limits any use that would interfere with flight operations at the airport. The maximum allowable height of a structure at the southeast corner of the subject property is approximately 85 -feet above mean sea level, however most of the property is under the 100 -foot or higher height restriction. The ground elevation of the property is at 42 -feet. The maximum height of a proposed structure by the applicant is 100 -feet above sea level. • Storing flammable products aboveground could create explosions and thick smoke in the event of an accident, which cause hazards for pilots and airport operation. Staff Recommendation: Approval of the change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit subject to a site plan and the following conditions: 1 Allowed Uses: The only use allowed on the Property other than those uses allowed by -right in the "IL" Light Industrial District is the wholesale storage of fuel and lubricants. The number of above ground fuel tanks on the site plan is illustrative and therefore, could include more or less above ground fuel tanks as desired by the applicant, provided that all other requirements are in compliance. Hemispheric pressurized tanks shall be prohibited on the Property. 2 Fire Department Approval: Development of the Property, including the storage of fuels and lubricants, shall comply with all Fire Department requirements. 3 Storm Water Detention: The Owner shall construct and maintain any necessary aboveground detention facilities in a manner that prevents water from standing for longer than 48 hours after the design storm and the drainage facilities shall remain completely dry between storms. 4 Federal Aviation Administration (FAA): The Owner shall submit notice to the FAA prior to obtaining building permits for each structure or tank or to the temporary location of potential aviation hazards such as construction cranes on site. 5. Airport Hazards: a. Height: The Maximum height of structures shall comply with the City's Airport Zoning Ordinance and the most current conical surfaces map of Corpus Christi International Airport. b. Lighting: All lighting shall be shielded toward the site and shall not conflict with airport flight operations per the Corpus Christi Airport Zoning Regulations. c. Other Airport Hazards: No use or activity shall create electrical interference with navigational signals or radio communication K:\DevelopmentSvcs\SHARED\ZONING CASES \2016\0816-03 Rangeland Products Terminal, LLC\Council Documents\8-25-16 Legistar Items\0816- 03 Report Rangeland Products Terminal, LLC 8-25-16 Revised.docx Zoning Report Case # 0816-03 Rangeland Products Terminal, LLC Page 6 between airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport. 6. Landscaping and Screening: The Owner shall install and maintain landscaping in the southeast corner of the Property at the corner of Agnes Street and Manning Road. A landscape street yard shall be delineated by a triangle formed by a line tangent to the proposed railroad tracks and the street right-of-way lines of Agnes Street and Manning Road. Within this landscape street yard, the minimum required landscaped area shall be 15% of the total street yard and the street yard shall be landscaped with plant material approved by Corpus Christi International Airport and listed in the UDC to achieve a minimum of 0.02 points per square foot of total street yard area. Landscaping shall not be required along Manning Road, Alpine Street or the unimproved Chickery Street right-of-way, however, landscape screening of parking lots and truck loading facilities within 100 feet of any street right-of-way shall be required in accordance with UDC Section 7.3.11. 7. Land Use Compatibility in Accident Potential Zones: The Owner shall not exceed a maximum Floor Area Ratio (FAR) of 0.28 in Accident Potential Zone (APZ) - 1 and 0.56 in APZ-2. 8. Time Limit: This Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted. In the case of a phased project, subsequent building permit applications shall be submitted within 18 months from the date of issuance of the Certificate of Occupancy or final approved inspections for the previous phase of the development. The Special Permit shall expire if the use is discontinued for more than six consecutive months. Notification Number of Notices Mailed — 26 within 200' notification area; 0 outside notification area As of August 17, 2016: In Favor — 0 (inside notification area); 0 (outside notification area) In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) K:\DevelopmentSvcs\SHARED\ZONING CASES \2016\0816-03 Rangeland Products Terminal, LLC\Council Documents\8-25-16 Legistar Items\0816- 03 Report Rangeland Products Terminal, LLC 8-25-16 Revised.docx Zoning Report Case # 0816-03 Rangeland Products Terminal, LLC Page 7 2. Site Plan 3. Future AICUZ Map 4. Airport Conical Surfaces Map excerpt 5. Application 6. Returned Opposition/Support (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES \2016\0816-03 Rangeland Products Terminal, LLC\Council Documents\8-25-16 Legistar Items\0816- 03 Report Rangeland Products Terminal, LLC 8-25-16 Revised.docx j{W Y-AA.ACCESS W,1 4A "11 1 WiiicIAM/ n io Defaartme Servfce51— 27 25 11 !L SP/9 M1 M X1.4 17 5 4 N 111 24 10 21 26 13 23 ALPINE ST 15 20 RECYCLE DR 28 0 AGNES ST 'AGNWV1,22 CASE. 0816-03 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CH -2 CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Neighborhood Commercial Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy industrial PUD Planned Link Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 5 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 0 ❑wners with 200' buffer in favor ` Owners within 21,0' listed en x armors F attached ownership !safe/1 m opposition z o n X SOBJECT PRbPERTY LOCATION MAP d4— iL !4GNES CCM City --- Corpus Christi v CREW CHANGE - - _ U,_ LEGEND Existing Track - Optional Facility Access Corpus Christi Site I 120 Car Unit Train Length -—M Unit Length Clear _ice 0 q Type (ft) Length 4 Spot Propane 2 Locomotive 75 150 OMP 154.55', p efning 10 Spott Refined Product Unloading 1 Buffer Car 60 60 120 Rail Cars 62 7440 CREW, CHANGE Bad Order. Admin Bldg 1 Buffer Car 60 60 Tracks (3) 2 Locomotive 75 150 Train Length 7860 / Operational Buffer 200 200 TRUCK "---- Required Clear Track (ft) 8060 VDU_ ....RAIL sa>s' VDU T8-T13 co,p�.cn,nsre Lengths ,10010°.'--- ' v=ern lkll Tob -"-n I rder Bad Order"- Tracks Tracks (3) Pump, Meter, Elec Area 4 Spot Truck Load/Unload 000+� Facility as aa, 626 8352 nn_z - Inner Loop - Departure 10 Spot Refined Product Loading - Outer Loop - Departure 4 Spot Propane Loading 8 8 8080 6180 8397 8551 8 Outer Loop Bad Order Tracks 2312 Outer Loop - Receiving- 8,1 ,vas 1153 1286 N9.3 Crude Gathering Line Inner Loop - Receiving -2457 1152 1924 49 ( Tank Farm Pumps/Meters 8�8�• -Gas Gathering Line _ 3260 3727 411 - 3 A.\\ss Stub End Unit Train Bad Order TOTAL 2.0 3wa seize Bzasa z 111,9 ® ,.� Product Storage Tanks - Crude Transmission Tank Type DIA volume / Line TI Transmix 70' 27k BBL ® ® ® © T4 T6 / T2 High Grade Gasoline 70' 27k BBL T3 High Grade Gasoline 70' 27k BBL -- _ T4 Diesel 120' 80k BBL © T$ T7 15 Diesel 120' 80k BBL '�--_ T6 Gasoline 190' 806 BBL ` - T7 Gasoline 140' 80k BBL ---- T8 Propane 130" 90k Gal _ ---_Manifest Support Tracks Bad Orde T9 Propane 130" Sok Gal Manifest Transload Track Tracks - T10 Propane 130" 90k Gal (3) T31 Propane 9Dk Gal 112 Propane Sok Gal -Pipeline Mech/Elect Eq 113 Propane 133351:'.:r 90k GBI Ulpment T39 trade 120k BBL T1s [rude 150' Izok BBL - �� �,, T16 rude 150' 120k BBL Proposed Manifest Proposed Loop Receiving i Tank volumes are estimated working volumes Proposed Loop Departure ' r Existing Gas Transmission Line Stub Ended Unit Train Operation , 300 0 100 100 Proposed Unit Stub Ended Proposed Bad Order Property Line ------ 2 - Double Sided Racks 4 - Tracks 30 - 62' cars each "'- SCA L E IN FEET SEERS/NO �si�HaruaT-,arq eau✓>� SEE ax MEW�a�t EXHIBIT aE.m oarE er RANGELAND PRODUCTS TERMINAL, LLC CORPUS CHRISTI STEPS TERMINAL Rangeland Energy 111111601Viio &COMPANY Fes, �a,,.,.., .e ��LUaE.�r�.�oMosno DATE. OSSOS SHEETNO. .o" "wr," n E.„da ,. ”, a d,n. ,A , e 16-10000028 ®I. CITY OF COF.UUS 01-1R1517 DEVELOPMENT SERVICES P.D. Box 9277 Corpus Christi, Texas 78469-9277 (361)826-3240 Located at 2406 Leopard Street (Comer of Leopard Street and Fort Avenue) APPLICATION FOR. A CHANGE OF ZONING Office Use Only Case No.: 0816-03 Map No.: 057044 *Planning Commission Hearing Date: August 24, 2016 Location: City Hall Council Chambers, 1201 Leopard Street at 5:30 p.m. *4 maximum of five applications are scheduled per hearing. Applications received after the five maximum will be scheduled to the next available meeting. i. Applicant/Representative: RAMIRO MUNOZ III Telephone: ( 361 ) 944-1301 Address (City, State, Zip): 8631 OLD BROWNSVILLE ROAD E-mail Address: RAM@MUNOZENGRG.COM Cell Phone: ( 361 ) 944-1301 2. Property Owner(s): RAFAEL LEAL CAVAZOS Telephone: ( 281 ) 566.3000 Address (City, State, Zip): PO BOX 270815, CORPUS CHRISTI, TEXAS, 78427 E-mail Address: Cell Phone: ( 281 ) 566-3000 Ownership Type: M Sole ❑ Partnership 1 Corporation El Other: 3. Current Zoning and Use: IL Proposed Zoning and Use: IL' `-'P Project Address: 8110 ACNES STREET Area of Request (sq. ft.facres): 97.07 12 -Digit Nueces County Tax ID: _ 3715 -! °333 _ _ _ 0700 If platted, Subdivision Name: NOT PLATTED Block: Lot(s): Legal description: ISENSEE PARTITION 97.07 ACS OUT OF SHR 7 4. DOCUMENTS ATTACHED REQUIRED: ❑r/ Land Use Statement IF APPLICABLE: El Executed Appointment Q Metes an Q Disclosure of Interest ID Copy of Warranty of Agent sounds if request is for a portion of a platted lot or an Deed platted lot 1 certi t i l he in • ation provided is accurate, co. _ � - d si • 1' by all o ers. a er's Si atu • pp •. is Signature) (Owner's Printed Name) (Applicant's Printedame) All signatures on this application shall be original signatures. No copied prints or faxed copies. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED Application Fees (as ofNovember 1, 2011): 0.00 - 0.99 acre $ 1,107.50 1..00 - 9.99 acres $ 1,692.50 10.00 - 24.99 acres $ 1,976.75 25 + acres $ 1,976.75 plus $50.00 per acre over 25 acres Notice Sign Fee $10.00 per sign Office Use Only Date Received: Received By: Application Fee: 10,176.75 No. Signs Required 9 X $10 Sign Fee: 90.00 Total: 1(l,266 75 Sign Posting Date: ADP: PAV Form Revised 8/24/12 K:VDE.VELOPMENTSVCSLSHAREDILAND DEVFLOPMFNT.ORDNANCI' . ADMIN9STRATIO. PPLP ATiON FOR.MS?FORMS AS PER LEGAL120121ZON1NG APPLTCATTON 2012 DOC i• CiTv QF CORPUS C:1-1 DEVELOPMENT SERVICES PD. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street (Comer of Leopard Street and Port • - ISTI Avenue) APPLICATION FOR A CHANGE OF ZONING Office Use Only Case No.: Ma No.: - - p *Planning Commission Hearing Date: Location: City Hall Council Chambers, 1201 Leopard Street at 5:30 a.m. *A maximum of five applications are scheduled per hearing. Applications received after the five maximum will be scheduled to the next available meetin . i. Applicant/Representative: RAMIRO MUNOZ III Telephone: ( 361 ) 944-1301 Address (City, State, Zip): 8631 OLD BROWNSVILLE ROAD E-mail Address: RAM@MUNOZENGRG.COM Cell Phone: ( 361 ) 944-1301 2. Property Owner(s): NORMA LEE STOCKSETH Telephone: ( 361 ) 851-2018 Address (City, State, Zip): 4500 OCEAN DRIVE, APT 8A, CORPUS CHRISTI, TEXAS, 78412 E-mail Address: Cell Phone: ( 361- ) 851-2018 Ownership Type: IN Sole ❑ Partnership • Corporation ❑ Other: 3. Current Zoning and Use: IL Proposed Zoning and Use: IL - ' p Project Address: 8520 AGNES STREET Area of Request (sq. ft./acres): 91.36 12 -Digit Nueces County Tax ID: _ 3715 - 0000 — _ — 0600 — i — If platted, Subdivision Narne: NOT PLATTED Block: Lot(s): Legal description: ISENSEE PARTITION 91.35 ACS OUT OF SHR 6 AKA LOTS 1 & 12 SHEPPARD H B FARM LOTS 4, DOCUMENTS REQUIRED: IF APPLICABLE: 1 ATTACHED Land Use Statement © Executed 0 Metes an Appointment bounds 1 if Disclosure of Interest of Agent request is for a portion 1 of Copy of Warranty Deed a platted lot or an unplatted lot 1 ertify t ; iii 1 Pi IL.;e:PAIIIPP t th information provided is accurat- . r • Ai 4,a ct and i_l / - , sl all owners. 0 ' er's Signaturij. .4' , YYI-1 rb MU (Applicant's Signature) n er-i__ m c -t) 1,4 0 if-, (Owner's Printed Name) (Applicant's Printed Name) All signatures on this application shall be original signatures. No copied prints or faxed copies. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED Application Fees (as oUNovember 1, 2011): 0.00 - 0.99 acre $ 1,107.50 1.00 - 9.99 acres $ 1,692.50 10.00 - 24.99 acres $ 1,976.75 25 + acres $ 1,976.75 plus $50.00 per acre over 25 acres Notice Sign Fee $10.00 per sign Office Use Only Date Received: Received By: Application Fee: No. Signs Required X $10 Sign Fee: Total. Sign Posting Date: ADP: Form Revised 8124112 KVELOPMENrSVcS SHAREDILAND DFVELOPMF.N ,ORDINANCE ADMINTSTRATIONIAPPLICATION FORMSIFORMS AS PFR LFCAL12012AZONTN6 APPLSCATrON 7012 DOC CITY OF CORPUS CHRISTI DEVELOPMENT SERVICES P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3240 Located at: 2406 Leopard St. LAND USE STATEMENT Complete land use statement form containing the following information: L 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), buildings)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. PURPOSE OF THE REQUEST IS TO ALLOW THE LAND USE TO BE "WHOLESALE STORAGE CONSISTING OF (16) ABOVE GROUND STORAGE TANKS RANGING FROM 70 -FOOT DIAMETER TO 150 -FOOT DIAMETER CONTAINING GASOLINE, DIESEL, PROPANE & CRUDE OIL WHICH IS PERMITTED IN LIGHT INDUSTRIAL ZONED AREAS WITH A SPECIAL PERMIT AS SUCH IS BEING APPLIED FOR. THE DEVELOPEMENT OF LAND WILL ALSO CONSIST OF A -3,300 SQUARE FOOT ADMIN BUILDING AT THE NORTHWEST CORNER WITH A TOTAL OF (40) PARKING SPACES, INCLUDING (2) ACCESSIBLE SPACES. THE OFFICE AND SITE WILL BE EQUIPPED WITH A TOTAL OF (40) EMPLOYEES AND WILL BE OPERATING FROM THE HOURS OF 6AM TO 5PM. THE SITE IS ZONED "IL" LIGHT INDUSTRIAL. 2. Identify the existing land uses adjoining the area of request: North - VACANT - LIGHT INDUSTRIAL South - AMERICAN EAGLE LOGISTICS - LIGHT INDUSTRIAL East - BAKER HUGHES, H&H OIL & BRRT - LIGHT INDUSTRIAL West - MOBLEY SAFWAY SOLUTION & DELTA GULF RENTAL TOOL - HEAVY INDUSTRIAL K:IDE.VELOPMENTSVCSlSHARFI71LAND DEVELOPMENTVORDMANCF. ADMFNISTRATIONIAPPLIEATION FORMSIFORMS AS PER LEGALL.A NO USE STATEMENT FOR ZONING DOC M:1SG R\16300-037-0022_Dlsci plines1Survey\Drawi ngs\1630003700_ALTA_Combl ned.dwg SLITMTVISION .-mss 00 2905.50' 22-2 TH 2883 09 LOT 11 82 El) T �g (MANNING 2052162 0 .55., PD5 10 ROAD) GO 0 MARK DESCRIPTION DATE 'PROJECT �E9 NE , "SEAL , '-CONSULTANTS , , WILSON EAST AND WEST TRACT RANGELAND SITE :, &COMPANY 9922 Leopard sI. NUECES COUNTY, TEXAS CORPUS X 7 1 PHONE: 381-241-212000 L J L J L J L J City of 11P1 Corpus Christi .....il..110. DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of -Development Services P.D. Box 9277 Corpus Christi, Texas 78469-9277 (361)226-3240 Located at; 2406 Leopard Street (Corner of Leopard St. and Port Ave.) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: NORMA LEE STOCKSETH STREET: 4500 OCEAN DRIVE, APT 8A CITY: CORPUS CHRISTI Zip: 78412 FIRM is: ❑ Corporation ❑ Partnership ■❑ Sole Owner ❑ Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) N/A N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that l 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 oc ur. Certifying Person: NORMA LEE STOCK E H Title; OWNER (Print) Signature of Certifying Person: 1 Date: 06/21/16 K IDEVELOPMENTSVCSLSIIARFULAN D DEVELOPMENT1VRDINANCF. ADM RATI AT/ON FDR MSWQRMS AS PER LFCiAL121]12.DISCLOSURF.OF INTERESTS STATEMENT 1 .2 7.12.DOC laiumiolroxilottemuo City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at: 2406 Leopard Street (Corner of Leopard St. and Port Ave.) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: RAFAEL LEAL CAVAZOS STREET: PO BOX 270815 CITY: CORPUS CHRISTI ZIP: 78427 FIRM is: ❑ Corporation ❑ Partnership Sole Owner ❑ Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) N/A N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title NIA N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person RAFAEL LEAL CAVAZOS Title: OWNER (Print) Signature of Certifying Person Li; '.....1) K:\DEVELOPMF:NTSVCSSHAREh1L.AN1) DEVELLWMF.NT.ORI) ANCF AD INIST STATEMENT1 .27.12.00C Date: 06/21/16 P 1CATION FURMS1FORMS AS KR LF.CAt.t2O1201SCLUSURFOF 1NTF.RF.STS AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 30, 2016 Second Reading Ordinance for the City Council Meeting of September 13, 2016 DATE: TO: August 17, 2016 Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police Mikema@cctexas.com 886-2605 Accepting and appropriating the FY 2015 Operation Stonegarden Grant Program CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $280,000 from the State of Texas Governor's Homeland Security Grants Division for funding eligible under the FY2015 Department of Homeland Security Grant Program Operation Stonegarden to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's enforcement efforts to reduce border -security risk; and appropriating the $280,000 in the No. 1061 Police Grants Fund. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: The purpose is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. The Police Department agrees to conduct operations designed to reduce border -security risk. Tactical operations will be conducted on a periodic basis on overtime. The grant will pay for overtime, vehicle maintenance, and fuel. The grant period is from April 01,2016 — August 31, 2017 ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $280,000 $280,000 BALANCE $280,000 $280,000 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant award documents Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $280,000 from the State of Texas Governor's Homeland Security Grants Division for funding eligible under the FY2015 Department of Homeland Security Grant Program Operation Stonegarden to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's enforcement efforts to reduce border -security risk; and appropriating the $280,000 in the No. 1061 Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant in the amount of $280,000 from the State of Texas Governor's Homeland Security Grants Division for funding eligible under the FY2015 Department of Homeland Security Grant Program Operation Stonegarden to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's enforcement efforts to reduce border -security risk. SECTION 2. That $280,000 is appropriated in the No. 1061 Police Grants Fund. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez 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 Office of the Governor Page 1 of 2 Statement of Grant Award (SOCA) The Statement of Grant Award is your official notice of award from the Governor's Homeland Security Grants Division (HSGD). The approved budget is reflected in the Budget/Details tab for this record in eGrants. The grantee agrees to comply with any and all applicable federal and state statutes, regulations, policies, guidelines and requirements, including, but not limited to, 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Texas Government Code, Chapter 783, Uniform Grant and Contract Management; and the Texas Uniform Grant Management Standards (UGMS) that govern the application, acceptance and use of Federal and State funds for this project. In instances where multiple requirements apply to a subrecipient, the more restrictive requirement applies. By clicking on the 'Accept' button within the 'Accept Award' tab, the grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grantee Responsibilities Memo, the Comprehensive Certifications and Assurance Form, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund -Specific Requirement(s), if any, cited below: Grant Number: Date Awarded: Grant Period: Liquidation Date: Program Fund: Grantee Name: Project Title: Grant Manager: DUNS Number: CFDA: Federal Awarding Agency: Federal Award Date: Federal/State Award ID Number: Total Federal Award/State Funds Appropriated: Pass Thru Entity Name: Is the Award R&D: Federal/State Award Description: 3173701 8.12/2016 040I/2016-08.31 '2017 11/2912017 HS -Homeland Security Grant Program (HSGP) Corpus Christi, City of Nueces-2015 OPSG Jerry Ding 069457786 Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: 97.067 - Homeland Security Grant Program (HSGP) U.S. Department of Homeland Security, Federal Emergency Management Agency 819.2015 EM W -2015 -SS -00080 $80,998,000.00 Texas Office of the Governor Homeland Security Grants Division (HSGD) No $280,000.00 $0.00 $0.00 $280,000.00 The purpose of the HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. The HSGP provides funding to implement investments that build, sustain, and deliver the 31 core capabilities essential to achieving the National Preparedness Goal (the Goal) of a secure and resilient Nation. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the whole community. List of Post -Award Conditions of Funding and Other Fund -Specific Requirements Condition of Funding / Project Requirement Date Date Met Created Hold Line https://egrants.gov.texas.gov/project/awardstatement.aspx?i2=4&i 1=9&gh=21-E6-6D-2E-... 8/18/2016 Office of the Governor Page 2 of 2 https://egrants.gov.texas.gov/project/awardstatement.aspx?i2=4&i 1=9&gh=21-E6-6D-2E-... 8/18/2016 Hold Project Funds Item Funds Costs for vehicle fuel are allowable only for the hours officers are working on grant -paid overtime. Vehicle maintenance costs must be prorated to show the use of vehicles for regular law enforcement duties and the use of vehicles while officers are working grant -paid overtime patrols. Only actual vehicle expenses supported by invoiced gas, oil, and maintenance expenses may be reimbursed under this grant. Please retain all receipts and be prepared to make available upon request. 5 13.2016 Operations Order Required: 13y participating in the OPSG, the state, local, and Tribal agencies agree to conduct operations designed to reduce border - security risk. Tactical operations will be conducted on a periodic basis meeting the criteria outlined below. Tactical operational periods are composed of six critical elements: 1) a pre -planning meeting with the IPT; 2) specified beginning and ending dates; 3) intelligence driven, with a nexus to border security; 4) use of targeted enforcement techniques; 5) clearly stated objectives; and 6) an after -action meeting. A campaign should involve several tactical operational periods. These periods require deliberate on-going planning to ensure command, staff, and unit activities synchronize to current and future operations. Please prepare and submit the next Operations Order. Fund holds on specific budget line items will be released as Operations Orders are approved. 5 13 2016 https://egrants.gov.texas.gov/project/awardstatement.aspx?i2=4&i 1=9&gh=21-E6-6D-2E-... 8/18/2016 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 30, 2016 Second Reading Ordinance for the City Council Meeting of September 13, 2016 DATE: August 9, 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) Adoption of the 2015 International Property Maintenance Code (IPMC) CAPTION: Ordinance amending the Corpus Christi Code of Ordinances Chapter 13, Article II to repeal the Corpus Christi Property Maintenance Code, and to adopt the International Property Maintenance Code, 2015 Edition; providing for severance; providing for penalties; providing for publication; and providing for effective date. PURPOSE: The provisions of the International Property Maintenance Code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. BACKGROUND AND FINDINGS: The code is intended to provide requirements addressing the public health, safety and welfare as they relate to the use and maintenance of existing structures and premises. The code requirements are intended to represent the minimum acceptable level of public health and safety. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Existing Building Code, International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, and International Plumbing Code. The adoption of the 2015 IM PC is part of the commitment to stay current and consistent with all the 2015 International Codes in addition to the forthcoming adoption of the 2015 edition of the Unified Development Code. This code provides short, concise statements outlining its requirements in language that is understandable and easy to apply. Since the city currently uses various modern adopted codes it would be suffice to implement a user friendly property maintenance ordinance that will have an accessible format that will be incorporated with other City codes. Adoption of the International Property Maintenance Code will strengthen and clarify existing minimum property maintenance requirements intended to continually ensure the public health, safety and welfare of our community. ALTERNATIVES: Denial or alteration of the proposed property maintenance code. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed property maintenance code conforms to City policy. EMERGENCY / NON -EMERGENCY: Non -Emergency; Ordinance requires two readings; 14 -day delay between 1st and 2nd readings. DEPARTMENTAL CLEARANCES: Police Department Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE RECOMMENDATION: Code Enforcement Staff recommends approval of the proposed property maintenance code. LIST OF SUPPORTING DOCUMENTS: Ordinance adopting the International Property Maintenance Code, 2015 Edition with amendments. Please access the Zink below to view the proposed International Property Maintenance Code: http://archive.cctexas.com/forms/2015IPMC.cfm Ordinance amending the Corpus Christi Code of Ordinances Chapter 13, Article II to repeal the Corpus Christi Property Maintenance Code, and to adopt the International Property Maintenance Code, 2015 Edition; providing for severance; providing for penalties; providing for publication; and providing for effective date. WHEREAS, the City Council desires to provide a uniform and updated minimum property standards code for the City of Corpus Christi by incorporating the International Property Maintenance Code, 2015 Edition into the Corpus Christi Code of Ordinances; WHEREAS, in order to properly incorporate the International Property Maintenance Code, it is desired that amendments be made to §13-20 et seq of Chapter 13 of the Corpus Christi Code at Article II Corpus Christi Property Maintenance Code, Division I, which in pertinent part repeals the adoption of the Corpus Christi Property Maintenance Code as the minimum property maintenance code for the City and adopts the International Property Maintenance Code, 2015 Edition, as the minimum property maintenance code for the City; WHEREAS, the City published notice of the proposed action conspicuously on the City's Internet website from August 2, 2016 to August 30, 2016, in compliance with Local Government Code §214.217. WHEREAS, the City has made reasonable effort to encourage public comment from persons affected by the proposed adoption of the International Property Maintenance Code, 2015 Edition, with local amendments in compliance with Local Government Code §214.217. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS that: SECTION 1: The Corpus Christi Code, §13-20 et seq of Chapter 13, Article II Corpus Christi Property Maintenance Code, Division 1, entitled "Generally", is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below, therein in pertinent part, repealing the adoption of the Corpus Christi Property Maintenance Code as the minimum property maintenance code for the City and adopting the International Property Maintenance Code, 2015 edition, as the minimum property maintenance code for the City: CHAPTER 13 CODE ENFORCEMENT, HOUSING AND HOUSING PREMISES STANDARDS, AND NEIGHBORHOOD IMPROVEMENT ARTICLE I. - IN GENERAL Secs. 13-1-13-19. - Reserved. ARTICLE II. PROPERTY MAINTENANCE CODE DIVISION 1. GENERALLY Sec. 13-20. Adoption of the International -Gor- .. Christi Property Maintenance Code. (The Corpus Christi International Property Maintenance Code, 2015 Edition, a copy of which, authenticated by the signatures of the mayor and the city secretary, made public record by this section, and on file in the city secretary's office, is hereby adopted verbatim by reference, as if fully copied at length in this article as the Property mraintenance csode in chapter 13, article II, section 13-20 of the City of Corpus Christi Code of Ordinances.ie hereby dopt the mi the City. A copy o (b) Additions, deletions, and changes are made to the International Property Maintenance Code, 2015 Edition, and correlated to the appropriate paragraph numbers in the International Property Maintenance Code as follows; (1) Section 101.1 of the International Property Maintenance Code is revised to read as follows: 101.1 Title. These regulations shall be known as the International Property Maintenance Code of the City of Corpus Christi, hereinafter referred to as "this code." (2) Section 101.5 is added to this code to read as follows: 101.5 Non-discrimination. A Code Enforcement initiated action shall not be based on an owner's or occupant's race, color, sex, religion, age, disability, national origin, sexual orientation or gender identity. (3) Section 102.3 of the International Property Maintenance Code is revised to read as follows: 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of all codes adopted by the City, including but not limited to the City of Corpus Christi Technical Construction Codes. Nothing in this code shall be construed to cancel, modify or set aside any provisions of the Code of Ordinances of the City of Corpus Christi or the City of Corpus Christi Unified Development Code. (4) The title of Section 103 of the International Property Maintenance Code is revised to read as follows: SECTION 103. CODE ENFORCEMENT DIVISION (5) Section 103.1 of the International Property Maintenance Code is revised to read as follows: 103.1 Enforcement. The City organization established for the enforcement of this code and the codes and standards referenced, which are considered part of the requirements of this code, consists of a Building Standards Board and the office of the Code Enforcement Division. For Building Standards Board information refer to City Code §13-21 et seq. (6) Section 103.2 of the International Property Maintenance Code is revised to read as follows: 103.2 Appointment. The Director of the Code Enforcement Division, or such other city officer or employee as the City Manager may designate in writing, shall be known as the code enforcement official, hereinafter the "code official." (7) Section 103.3 of the International Property Maintenance Code is revised to read as follows: 103.3 Designees. The code official shall have the authority to delegate powers under this Property Maintenance Code. Such designees shall have powers as delegated by the code official. (8) Section 103.5 of the International Property Maintenance Code is revised to read as follows: 103.5 Fees. The fees for activities and services performed by the division in carrying out its responsibilities under this code shall be as indicated in the following schedule. Administrative Fee for Abatements $73 (9) Section 103.6 is added to this code to read as follows: 103.6 Conflict of Interest. No employee connected with the City shall be financially interested in the furnishing of labor, material or appliances for the construction, alteration or maintenance of a building of which he is not the sole or part owner or in the making of plans or of specifications therefore. No such officer or employee shall engage in any work which is inconsistent with his duties or with the interests of the City. (10) Section 104.2 of the International Property Maintenance Code is revised to read as follows: 104.2 Inspections. (a) The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official shall make a record of every such inspection and of all violations of this code. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. (b) It shall be the duty of the code official to inspect all buildings, structures and premises or other equipment or facilities covered by this code thought to be substandard. The inspections made or caused to be made by the code official shall determine the condition of the buildings, dwellings, dwelling units, rooming units and premises in the interest of safeguarding the health and safety of the occupants of dwellings, the neighborhood and of the general public. (11) Section 104.3 of the International Property Maintenance Code is revised to read as follows: 104.3 Right of entry. (a) Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code, subject to legal restrictions. If such structure or premises is occupied the code official shall present credentials to the owner, agent, occupant or person in charge of the property and request entry. (b) In cases of emergency where extreme hazards are known to exist which may involve the potential loss of life or severe property damage, no request is necessary. (c) If a building, premises or property is unoccupied, vacant or otherwise uninhabited by humans, but which is otherwise open and may be entered by derelicts, vagrants or children, the code official shall have the same power of inspection as aforementioned, including the right of inspections without requesting permission of the owner or other person in charge, and if found to be in violation of this code, may placard it so as to prevent any occupancy of the building, premises or property for human use or habitation, or any other use. (d) If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry. (12) Section 104.3.1 is added to this code to read as follows: 104.3.1 Authority. A code official has the authority enforce the provisions of this code, all codes adopted by the City and all city ordinances in accordance with the provisions established in City Code §1-13. (13) Section 104.7 is added to this code to read as follows: 104.7 Coordination of inspections. (a) Whenever in the enforcement of this code or another code or ordinance, the responsibility of more than one City Department is involved, it is the duty of the initiating Department Director or designee involved to coordinate their inspection and administrative orders as fully as practicable so that the owners and occupants of the structure are not subjected to visits by numerous inspectors or multiple or conflicting orders. (b) Whenever an inspector from any department observes an apparent or actual violation of some provision of some law, ordinance, or code not within the inspector's authority to enforce, the inspector shall report the findings to the appropriate City department Director or designee. (14) Section 106.3 of the International Property Maintenance Code is revised to read as follows: 106.3 Prosecution of violation. (a) Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a misdemeanor and the violation shall be deemed a strict liability offense. (b)If the provisions of this code are violated or there is failure to comply therewith, or if the notice of violation is not complied with, the code official may institute the appropriate proceeding at law or in equity to restrain, correct or abate the violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made under this code. (15) Section 106.3.1 is added to this code to read as follows: 106.3.1 Lien upon real estate. Any action taken by the City on such premises is charged against the real estate upon which the structure is located and is a lien upon such real estate. A statement of expense for the City action shall be filed with the Nueces County Clerk by the code officer, or other city officer or employee as the City Manager may designate. The City shall have a lien against the real estate to secure the expenditure made and ten (10) percent interest on that amount from the date of the payment. For the expenditures and interest, suit may be instituted in the name of the City, and the statement of expense made as herein noted, or a certified copy the statement of expense shall be prima facie proof of the amount expended in such work. (16) Section 106.4 of the International Property Maintenance Code is revised to read as follows: 106.4 Violation penalties. (a)Violation of provision of this Property Maintenance Code or failure to comply therewith, or with any requirements thereof including failure to comply with the terms a Notice of Violation in accordance with Section 106.2 within the time specified or any extensions of time granted by the code official shall be fined upon conviction not more than $500.00. (b) After due notice has been served, each day a violation is permitted to exist shall constitute a separate offense. Nothing in this section shall limit the remedies to the City in seeking to enforce the provisions of this Property Maintenance Code. (17) Section 107.1 of the International Property Maintenance Code is revised to read as follows: 107.1 Notice to person responsible. Whenever the code official determines that there has been a violation of this Code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3 to the person(s) responsible for the violation as specified in this Code or of any rule or regulation concerning the health, safety, or general welfare adopted by the City as it relates to structures or premises. When a notice is provided under this section, the code official may inform the owner that if the owner commits another violation of the same subsection of this Code on or before the first anniversary of the date of the notice, the City, without further notice, may proceed with the prosecution and/or abatement of said violation. (18) Section 107.2 of the International Property Maintenance Code is revised to read as follows: 107.2 Form. Whenever any violation of this Code, generally or specifically defined in this Code, shall exist within the city, the code officer shall notify, in writing, the owner or occupant of the premises whereon such violation exists, and order such owner or occupant to abate or remedy the violation described in such notice, within such time as may be specified within the order. Such notice prescribed in Section 107.1 shall be in accordance with all of the following: 1. Be in writing. 2. Include a description of the real property sufficient for identification. This does not require a legal description. 3. Include a statement of the violation or violations and why notice is being issued. 4. Include a correction order allowing a reasonable amount of time to make the repairs and improvements required to bring the premises into compliance with provisions of this code. 5. Inform property owner of the name and phone number of the code official or designee. 6. Inform the property owner or owner's authorized agent of the right to appeal. 7. Include a statement of the right to file a lien in accordance with Section 106.3.1. (19) Section 107.3 of the International Property Maintenance Code is revised to read as follows: 107.3 Method of service. Such notice shall be deemed to be properly delivered if a copy thereof is: 1. Delivered Personally; 2. Sent by certified or first class mail, to the owner of record at the address as it appears on the Nueces County Appraisal District records; or 3. If the notice is retuned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. When a notice is mailed in accordance with this section to a property owner, lienholder, mortgagee, or registered agent and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered delivered. (20) Section 108.1 of the International Property Maintenance Code is revised to read as follows: 108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found to be an unlawful structure, the structure or equipment shall be deemed a threat to the public health, safety or welfare. (21) Section 108.1.5 of the International Property Maintenance Code is revised to read as follows: 108.1.5 Dangerous structure or premises. For the purpose of this 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 dangerous and may be deemed substandard: 1. Any door, aisle, passageway, stairway, exit or other means of eqress that does not conform to the approved building or fire code of this City 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, structure or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged, or which cannot be expected to withstand winds of hurricane force. 4. Any portion of a building, or 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 one-half the original designed value. 5. The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, 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. 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 who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. 8. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the iurisdiction, 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, damage, faulty construction or arrangement, inadequate light, ventilation, electrical, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that 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, because 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 which 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 is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public. (22) Section 108.2 of the International Property Maintenance Code is revised to read as follows: 108.1.5 Dangerous structure or premises. For closing of vacant structures refer to City Code $13-3002 et seq. (23) Section 108.3 of the International Property Maintenance Code is revised to read as follows: 108.3 Notice. Whenever the code official has determined a structure or equipment to be a threat to the public health, safety or welfare under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner, owner's authorized agent or the person or persons responsible for the structure or equipment in accordance with Section 107.3. If the notice pertains to equipment, it shall also be placed on the equipment. The notice shall be in the form prescribed in Section 107.2. (24) Section 108.4 of the International Property Maintenance Code is revised to read as follows: 108.4 Placarding. Upon failure of the owner, owner's authorized agent or person responsible to comply with the notice provisions within the time given, the code official may post on the premises or on defective equipment a placard bearing the words "This Structure or Equipment is a threat to public health, safety or welfare and occupancy and/or use is prohibited" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. (25) Section 108.4.1 of the International Property Maintenance Code is revised to read as follows: 108.4.1 Placard removal. The code official shall remove the unfit for human occupancy placard whenever the defect or defects upon which the placardinq actions were based have been eliminated. Any person who defaces or removes a placard without the approval of the code official shall be subject to the penalties provided by this code. (26) Section 108.5 of the International Property Maintenance Code is revised to read as follows: 108.5 Prohibited occupancy. Any occupied structure determined to be a threat to the public health, safety and welfare shall be placarded by the code official and shall be vacated as ordered by the code official. Any person who shall occupy a placarded premise or shall operate placarded equipment, and any owner, owner's authorized agent or any person responsible for the premises who shall let anyone occupy a placarded premise or operate placarded equipment shall be liable for the penalties provided by this code. Failure to vacate as ordered by the code official is a violation of this code. (27) Section 108.6 of the International Property Maintenance Code is revised to read as follows: 108.6 Abatement methods. The owner, owner's authorized agent, operator or occupant of a building, premises or equipment deemed to be a threat to the public health, safety or welfare by the code official shall abate or cause to be abated or corrected such conditions either by repair, rehabilitation, demolition or other approved corrective action. (28) Section 109.1 of the International Property Maintenance Code is revised to read as follows: 109.1 Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life or health, or when any structure or part of a structure has fallen and life or health is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, or when the structure is found unfit for human occupancy, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith and may vacate adjacent structures and protect the public by appropriate fencing or other means as may be necessary. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. (29) Section 109.2 of the International Property Maintenance Code is revised to read as follows: 109.2 Emergency safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition or when the structure may be entered by derelicts, vagrants or children, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described in this code or any other rule or regulation in the City Code concerning health, safety or general welfare has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. For this purpose he may at once enter such structure or premises, or abutting land or structures, with such assistance and at such cost as he may deem necessary in, the circumstances. (30) Section 109.5 of the International Property Maintenance Code is revised to read as follows: 109.5 Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the City. The legal counsel of the City shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs by assessing a lien in accordance with Section 106.3.1. (31) Section 109.6 of the International Property Maintenance Code is revised to read as follows: 109.6 Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. If any affected person shall thereafter desire a hearing upon the matter, a petition directed to the Code Enforcement Division must be filed with the City Secretary and the affected person will be afforded a hearing before the Building Standards Board as described in the City Code at §13-22 et seq. (32) Section 110 of the International Property Maintenance Code is revised to read as follows: SECTION 110. DEMOLITION Demolitions will be ordered in accordance with the provisions established in City Code §13-22 et seq. (33) Section 111 of the International Property Maintenance Code is revised to read as follows: SECTION 111. MEANS OF APPEAL The provisions for appeals are established in City Code §13-24 et seq. (34) Section 112.4 of the International Property Maintenance Code is revised to read as follows: 112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not more than $500.00 dollars. (35) Section 201.3 of the International Property Maintenance Code is revised to read as follows: 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the City of Corpus Christi Technical Construction Codes, Unified Development Code, Texas Local Government Code, Texas Health & Safety Code, or Texas Administrative Code, such terms shall have the meanings ascribed to them as stated in those codes. (36) Section 202 of the International Property Maintenance Code is revised by deleting definitions for the terms "Condemn," and "Inoperable Motor Vehicle;;"; adding definitions for the terms "Building Standards Board," "City," "City Code," "City of Corpus Christi Technical Construction Codes," "Code Enforcement Official, a.k.a. Code Official," "Designee," "Fire Prevention Code of the City of Corpus Christi," "Fence," "Hazardous Vegetation," "Lavatory," "Lawfully," "Outside Placement," "Published," "Report,' "Sidewalk," "Surface Hazard," and "Unfit for Human Occupancy;" and amending definitions to the terms "Cost of Such Demolition or Emergency Repairs," and "Imminent Danger" to read as follows: Building Standards Board. Composed of members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. This board shall be appointed by the city council. City. The City of Corpus Christi. City Code. The Code of Ordinances of the City of Corpus Christi, Texas. City of Corpus Christi Technical Construction Codes. The City of Corpus Christi adopted with local amendments, the International Code Council (ICC), 2015 editions of the International Building Code, Existing Building Code, Energy Conservation Code, Fuel Gas Code, Mechanical Code, Plumbing Code, and Residential Code for One and Two Family Dwellings, and the National Electrical Code, 2014 edition. Collectively these codes, as adopted and amended, are known as the City of Corpus Christi Technical Construction Codes, and are known individually as the City of Corpus Christi Building Code, Existing Building Code, Electrical Code, Energy Conservation Code, Fuel Gas Code, Mechanical Code, Plumbing Code, and Residential Code for One- and Two - Family Dwellings. Code Enforcement Official, a.k.a. Code Official. Director of the Code Enforcement Division, or such other city officer or employee as the City Manager may designate in writing who may make application for administrative and criminal search warrants under authority of the Texas Code of Criminal Procedure, Article 18.05, as such warrants may be necessary to enforce any provision of Code of Ordinances of the City of Corpus Christi, this code or other municipal ordinance duly promulgated. Cost of such Demolition or Emergency Repairs. The costs shall include the actual costs of the demolition or repair of the structure. Costs shall include, but not be limited to, expenses incurred or necessitated related to demolition or emergency repairs, such as asbestos survey and abatement if necessary; costs of inspectors, testing agencies or experts retained relative to the demolition or emergency repairs; costs of testing; surveys for other materials that are controlled or regulated from being dumped in a landfill; title searches; mailing(s); postings; recording; and attorney fees expended for recovering of the cost of emergency repairs or to obtain or enforce an order of demolition made by the Building Standards Board. Designee. The code official shall have the authority to delegate powers under this Code to a designee. Such designees shall have powers as delegated by the code official. Fire Prevention Code of the City of Corpus Christi. The City of Corpus Christi adopted with local amendments, the International Code Council (ICC), 2015 edition of International Fire Code, as the Fire Prevention Code of the City of Corpus Christi. Fence. Any enclosing barrier, constructed of wood, metal or any other material, regardless of its use or purpose. Hazardous Vegetation. Dead and dying trees, tree limbs or other natural growth which, by reason of rotting, deterioration, physical damage or storm damage constitutes a hazard to persons or structures within the vicinity thereof. Imminent Danger. A condition which could cause serious or life-threatening injury or death at any time and may constitute emergency measures. Lavatory. A fixed washbowl with running water and drainpipe customarily used to wash hands. Lawfully. In accordance with the City code requirements at the time of construction or installation. Outside Placement. Any item which is not customarily used or stored outside or not made of a material that is resistant to damage or deterioration from exposure to the outside environment. Said items include, but are not limited to, auto parts, appliances not in service, metal or wood products or parts not converted to a final use, beverage, food or other containers not stored within a closed household recycling bin or refuse container, plumbing fixtures that are commonly used indoors or that have been converted to another use. This includes placement in a structure that is open or not completely enclosed, including any porch cover or carport or upon any open porch or under any tarp. This does not include lawn care tools or recreational equipment incidental to the use of the property. Building materials stored outdoors on any site for construction or demolition of a structure on the premises shall be used or incorporated into the proposed structure or removed from the premises within 90 days from the date of arrival on the premises or upon the expiration of any associated building permit, whichever comes later. Published. Posted on the code enforcement department website or various media outlets and kept in City files for a period of time. Report. Written or electronic documentation of an unsafe condition. Sidewalk. That portion of the roadway primarily constructed for the use of pedestrians and constructed of concrete or other durable materials. Surface Hazard. Holes, excavations, breaks, projections, obstructions and other hazardous conditions, on paths, walkways, driveways, parking lots, parking areas, and other parts of the premises which are accessible to any person entering thereon. Unfit For Human Occupancy. Any structure that is an unsafe structure, unlawful or otherwise is in such a degree of disrepair, lack of maintenance, is unsanitary, vermin or rat infested, contains filth and contamination or lacks ventilation, illumination, sanitary or heating facilities, lacks operating utility connections or other essential equipment required by this code or any other adopted code or standard or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. (37) Section 301.2 of the International Property Maintenance Code is revised to read as follows: 301.2 Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this Code or in State or Federal Law. A person shall not occupy as owner -occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control. (38) Section 302.1 of the International Property Maintenance Code is revised to read as follows: 302.1 Exterior maintenance. All exterior property and premises shall be maintained in a clean, safe and sanitary condition and free of outside placement, hazardous vegetation, or surface hazards. (39) Section 302.2 of the International Property Maintenance Code is revised to include an Exception as follows: Exception. Approved detention areas, retention areas, filtration areas and reservoirs. (40) Section 302.4 of the International Property Maintenance Code is revised to read as follows: 302.4 Weeds. All improved premises and exterior property shall be maintained free from weeds or plant growth in excess of 12 inches or higher. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. (41) Section 302.6 of the International Property Maintenance Code is revised to include an Exception as follows: Exception. Pipes, ducts, conductors, fans or blowers installed lawfully. (42) Section 302.7 of the International Property Maintenance Code is revised to read as follows: 302.7 Accessory structures. All accessory structures, including detached garages, shall be maintained structurally sound and in good repair. (43) Section 302.7.1 is added to read as follows: 302.7.1 Fences. All fences, facing the street frontage of the premises or adjacent to a public way, and/or adjacent to an improved premises shall be maintained structurally sound and in good repair. All fences on properties where applicable shall adhere to the "visibility triangle" rules referenced in the Unified Development Code Section 4.2.9 Visibility Triangle. Any of the following conditions shall be corrected: 1. Rotted, fire damaged, broken wood, support posts or cross members shall be repaired or replaced. 2. Broken or fire damaged wooden slats shall also be repaired or replaced. 3. Broken or severely bent metal posts or torn, cut ripped metal fencing materials shall be repaired or replaced. 4. Any fence, or any portion thereof, having loose bricks, stones, rocks, mortar, masonry, or similar materials shall be repaired or replaced. (44) Section 302.8 of the International Property Maintenance Code is revised to read as follows: 302.8 Motor vehicles. For Motor Vehicles refer to City Code §13-38 et seq. (45) Section 302.9.1 is added to read as follows: 302.9.1 Other provisions related to defacement of property. For other provisions related to Defacement of Property refer to City Code §33-100 et seq. (46) Section 303 of the International Property Maintenance Code is revised to read as follows: 303.1 Swimming pools. For swimming pools refer to City Code §23-50 et seq. (47) Section 304.1.1 of the International Property Maintenance Code is revised to read as follows: 304.1.1 Unsafe conditions. For unsafe conditions refer to City Code §13-22 et seq. (48) Section 304.3 of the International Property Maintenance Code is revised to read as follows: 304.3 Address identification. Buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position to be visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numerals or alphabetical letters. Numbers shall not be spelled out. Each character shall be a minimum of 4 inches (102mm) in height with a minimum stroke width of 0.5 inch (12.7 mm). Where required by fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access I by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained. All multiunit buildings shall have signage that identifies all units contained within the building. The signage should be placed in a position to be plainly visible from the driveway fronting the building. The signage shall have a contrasting background with a minimum of 4 inches (102mm) high with a minimum stroke width of 0.5 inch (12.7mm). (49) Section 304.5 of the International Property Maintenance Code is revised to read as follows: 304.5 Foundation. All foundations, piers, or other structural elements shall be maintained plumb and capable of adequate support, free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. (50) Section 304.14 of the International Property Maintenance Code is revised to read as follows: 304.14 Insect screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition. Exceptions: (1) Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. (2) Habitable spaces served by air conditioning unit in sound condition and good repair. (3) Doors are not required to be screened if there is an additional ventilation source in the room. (51) Section 304.18 of the International Property Maintenance Code is revised to read as follows: 304.18 Building security. Doors, attic access, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within. The owners of residential rental units shall be deemed to have met this requirement by installing devices that are required under the TEXAS PROPERTY CODE — TITLE 8 LANDLORD and TENANT — CHAPTER 92. RESIDENTIAL TENANCIES — SUBCHAPTER D. SECURITY DEVICES. Exception: Locking devices for attic access are not required in single family dwellings. (52) Section 304.18.1 of the International Property Maintenance Code is revised to read as follows: 304.18.1 Doors Requiring Deadbolt Locks. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a minimum lock throw of 1 inch (25 mm). Such deadbolt locks shall be installed according to the manufacturer's specifications and maintained in good working order to provide additional building security (i.e. student safety in college dorms and off campus housing.) For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock. (53) Section 308.2.1 of the International Property Maintenance Code is revised to include an Exception to read as follows: Exception: Unless provided otherwise by contract or by city. (54) Section 308.2.2 of the International Property Maintenance Code is revised to read as follows: 308.2.2 Appliances. Refrigerators and similar equipment not in operation or that poses a risk of imminent danger shall not be discarded, abandoned or stored on the exterior of the premises. (55) Section 309.4 of the International Property Maintenance Code is revised to include an Exception to read as follows: Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for pest elimination. (56) Section 402.1 of the International Property Maintenance Code is revised to include an Exception to read as follows: Exception: (1) Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but a minimum of 25 square feet (2.33 m2). The exterior glazing area shall be based on the total floor area being served. (2) Where installed or constructed lawfully. (57) Section 403.2 of the International Property Maintenance Code is revised to include an Exception to read as follows: Exception: Re -circulating mechanical ventilation system allowed where installed or constructed lawfully. (58) Section 403.4 of the International Property Maintenance Code is revised to include an Exception to read as follows: Exception: Re -circulating vent hoods are allowed in residential occupancies where installed lawfully. (59) Section 403.5 of the International Property Maintenance Code is revised to include an Exception to read as follows: Exception: (1) Listed and labeled condensing (ductless) clothes dryers. (2) Except where constructed lawfully. (60) Section 404.3 of the International Property Maintenance Code is revised to include Exceptions to read as follows: Exceptions: (1) In one- and two-family dwellings, beams or girders spaced not less than 4 feet (1219 mm) on center and projecting a maximum of 6 inches (152 mm) below the required ceiling height. (2) Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a minimum ceiling height of 6 feet 8 inches (2033 mm) with a minimum clear height of 6 feet 4 inches (1932 mm) under beams, girders, ducts and similar obstructions. (3) Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a minimum ceiling height of 7 feet (2134 mm) over not less than one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a minimum clear ceiling height of 5 feet (1524 mm) shall be included. (4) Unless installed or constructed lawfully. (61) Section 404.4.1 of the International Property Maintenance Code is revised to include an Exception to read as follows: Exception: Unless constructed lawfully. (62) Section 404.4.2 of the International Property Maintenance Code is revised to include an Exception to read as follows: Exception: (1) Units that contain fewer than two bedrooms. (2) Unless lawful at the time of construction or renovation. (63) Section 404.4.3 of the International Property Maintenance Code is revised to include an Exception to read as follows: Exception: Unless constructed lawfully. (64) Section 404.6 of the International Property Maintenance Code is revised to read as follows: 404.6 Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements: 1. A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet (20.4 m2). A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet (29.7 m2). These required areas shall be exclusive of the areas required by Items 2 and 3. Exception: Unless constructed lawfully. 2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this Property Maintenance Code shall be provided. 3. The unit shall be provided with a separate bathroom containing a toilet, lavatory and bathtub or shower. 4. The maximum number of occupants shall be three. (65) Section 502.5 of the International Property Maintenance Code is revised to read as follows: 502.5 Public toilet facilities. Public toilet facilities shall be maintained in a safe, sanitary and working condition in accordance with the International Plumbing Code as adopted and amended by the City. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises. (66) Section 503.1 of the International Property Maintenance Code is revised to include an Exception to read as follows: Exception: Except as provided otherwise in state rules and regulations. (67) Section 503.3 of the International Property Maintenance Code is revised to read as follows: 503.3 Location of employee toilet facilities. Employees shall have access to toilet facilities near the employees' working area. The required toilet facilities shall be located not more than one story above or below the employees' working area and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities or combined employee and public facilities. Exception: (1) No toilet facility is required at offsite work areas. (2) In multi- unit residential properties a toilet facility is not required if there is no onsite management office located on the property. (3) In multi -unit residential properties, where there is an onsite management office, there is no maximum travel distance to a toilet facility. (4) Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the employee's regular working area to the facilities. (68) Section 505.1 of the International Property Maintenance Code is revised to read as follows: 505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, toilet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. Kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the International Plumbing Code as adopted and amended by the City. Exceptions: Facilities constructed lawfully without hot water. (69) Section 506.3 of the International Property Maintenance Code is revised to read as follows: 506.3 Grease interceptors/Grease traps. Refer to City Code §55-160 et seq. and International Plumbing Code as adopted and amended by the City. (70) Section 602.3 of the International Property Maintenance Code is revised to read as follows: 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a minimum temperature of 68`F (20°C) in all habitable rooms, bathrooms and toilet rooms. Exception: 1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provide that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code as adopted and amended by the City. 2. In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained. (71) Section 603.5 of the International Property Maintenance Code is revised to include an Exception to read as follows: Exception: A supply of air for complete combustion of the fuel and for ventilation must be maintained as it was lawfully -installed. (72) Section 604.2 of the International Property Maintenance Code is revised to include an Exception to read as follows: Exception: Electric service may be maintained if installed lawfully. (73) Section 604.3 of the International Property Maintenance Code is revised to read as follows: 604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, to include but not limited to hazards associated with fire exposure, the code official shall require the defects to be corrected to eliminate the hazard. (74) Section 604.3.1.1 of the International Property Maintenance Code is revised to read as follows: 604.3.1.1 Electrical equipment. Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge protectors, molded case circuit breakers, low -voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the International Building Code as adopted and amended by the City. Exception: The following equipment shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer's representative indicates that the equipment has not sustained damage that requires replacement: 1. Enclosed switches, rated a maximum of 600 volts or less; 2. Busway, rated a maximum of 600 volts; 3. Panelboards, rated a maximum of 600 volts; 4. Switchboards, rated a maximum of 600 volts; 5. Fire pump controllers, rated a maximum of 600 volts; 6. Manual and magnetic motor controllers; 7. Motor control centers; 8. Alternating current high-voltage circuit breakers; 9. Low -voltage power circuit breakers; 10. Protective relays, meters and current transformers; 11. Low- and medium -voltage switchgear; 12. Liquid -filled transformers; 13. Cast -resin transformers; 14. Wire or cable that is suitable for wet locations and whose ends have not been exposed to water; 15. Wire or cable, not containing fillers, that is suitable for wet locations and whose ends have not been exposed to water; 16. Luminaires that are listed as submersible; 17. Motors; 18. Electronic control, signaling and communication equipment. (75) Section 604.3.2.1 of the International Property Maintenance Code is revised to read as follows: 604.3.2.1 Electrical equipment. Electrical switches, receptacles and fixtures, including furnace, water heating, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of the International Building Code as adopted and amended by the City. Exception: Electrical switches, receptacles and fixtures that shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer's representative indicates that the equipment has not sustained damage that requires replacement. (76) Section 606.1 of the International Property Maintenance Code is deleted. (77) Section 701.3 is added to read as follows: 701.3 Fire Break (1) When a structure exists on the property adjacent to the property containing brush, grass, or weeds and is within 250 feet of the common property line a fire break shall be maintained on any portion of the property line within 250 feet of the structure. The fire break shall extend a minimum of 100 feet along the common property line on either side of a point nearest the structure or the entire length of the common property line if it is less than 200 feet in length. "Fire break" as used in this section (1) means a 50 -feet wide strip of land surface on which all brush, grass, or weeds are maintained at a height less than 12 inches above the ground; all branching growth, leafy foliage seven (7) or less feet above the ground has been removed; and all hazardous vegetation has been removed. (2) A fire break will be maintained along the property line adjacent to a public right-of-way. A "fire break" as used in this section (2) means a 20 -feet wide strip of land surface on which all brush, grass, or weeds are maintained at a height less than 12 inches above the ground; all branching growth, leafy foliage seven (7) or less feet above a public sidewalk or thirteen (13) feet above a public street has been removed; and all hazardous vegetation has been removed. Exception: A fire break shall not be required on a tract of real property or any portion thereof which is used exclusively for active agricultural operations as set forth in the Texas Agricultural Code Title 8, Chapter 251, but will be required along any improved right-of-ways adjacent to the property. (78) Section 702.1 of the International Property Maintenance Code is revised to read as follows: 702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the International Fire Code as adopted and amended by the City. (79) Section 702.1 of the International Property Maintenance Code is revised to read as follows: 702.2 Aisles. The required width of aisles in accordance with the International Fire Code, as adopted and amended and adopted by the City, shall be unobstructed. (80) Section 702.3 of the International Property Maintenance Code is revised to read as follows: 702.3 Locked doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the International Building Code as amended and adopted by the City, or the required security devices enumerated in the Texas Property Code. Exception: double cylinder locking devices are allowed in single family and two family dwellings where not used as group homes, daycare, foster care homes, childcare, assisted living or where prohibited by law. (81) Section 703 of the International Property Maintenance Code is revised to read as follows: SECTION 703. FIRE -RESISTANCE RATINGS Refer to International Fire Code as adopted and amended by the City. (82) Section 704-1 of the International Property Maintenance Code is revised to read as follows: SECTION 704. FIRE PROTECTION SYSTEMS 704.1 General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the International Fire Code as adopted and amended by the City. The duties of landlords to inspect and repair smoke alarms in residential dwelling units leased to others are governed by the TEXAS PROPERTY CODE — CHAPTER 92 — SUBCHAPTER F. SMOKE DETECTORS. Sec. 13-21 Establishment of organization to enforce the Corpus—Christi Property Maintenance Code; code official and building standards board. (a)There is hereby established in the city an organization for the enforcement of the Corpus Christi Property Maintenance Code or of any rule or regulation concerning the health, safety, or general welfare adopted by the city as it relates to structures or premises, consisting of (1) a building standards board, and (2) the office of the code enforcement division. (1) Building standards board. (i) There is hereby created a building standards board hereinafter referred to as "the board" to be composed of seven (7) members, each of whom shall be a resident of the city. Such board shall be composed of one lawyer, and three (3) members chosen from the following: A realtor, an architect, an engineer, a general contractor, a home builder or a building materials dealer; and three (3) members at Targe from the residents of the city who are homeowners. This board shall be appointed by the city council. (ii) Of the members first appointed, three (3) shall be appointed for a term of one (1) year, two (2) for a term of two (2) years, two (2) for a term of three (3) years, and thereafter they shall be appointed for terms of three (3) years. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. The unexcused absence of any member from three (3) consecutive official meetings of the board shall automatically terminate his membership on the board. (iii) Four (4) members of the board shall constitute a quorum. In varying the application of any provisions of this code or in making any decision, affirmative votes of the majority present, but not less than four (4) affirmative votes, shall be required. No board member shall act in a case in which he has a personal interest. (iv) The board shall establish rules and regulations for its own procedure, not inconsistent with the provisions of this code. The board shall meet at regular intervals to be determined by the chairman, and shall meet for such hearings as are required to be held upon complaints filed by the official and for such hearings as are requested in writing by a citizen whose property is, or may be, affected adversely by the application of any provisions of this code. (2) The office of the code enforcement division is created and established in accordance with the provisions of §103 of the Cepus Christi Property Maintenance Code, wherein the director of the code enforcement division, or such other city officer or employee as the City Manager may designate in writing, shall be known as the code enforcement official, hereinafter the "code official". Sec. 13-22. Procedure for eliminating substandard conditions. (A) Notice of violation. Whenever the code official determines that there are reasonable grounds to believe that there has been or continues to be a violation of the Gems Property Maintenance Code or of any rule or regulation concerning the health, safety, or general welfare adopted by the city as it relates to structures or premises, he shall give notice of such alleged violation to the owner of the property as per a method enumerated in subsection (D) below. Such notice shall: (1) Be in writing. (2) State the nature of the violation or violations. (3) State the violation provision or provisions of the Corpus Christi Property Maintenance Code or any other relevant code of the city that is being violated and why the notice is being issued. (4) State the penalty and penalty provision of the Corpus Christi Property Maintenance Code or any other relevant code of the city. (5) State that the code official will take further action pursuant to the Corpus Christi Property Maintenance Code if the violation is not cured within 30 days of receipt of the notice specified in this subsection. (6) Include a description of the real property sufficient for identification (7) Inform property owner of the name and phone number of the code official or designee. (8) When a notice is provided under this section, the code official may inform the owner that if the owner commits another violation of the same subsection of this code on or before the first anniversary of the date of the notice, the City, without further notice, may proceed with the prosecution of said violation. (B) Action upon failure to comply with notice. Whenever the owner, after notification as per subsection (A), informs the code official that he refuses to voluntarily comply with the requirements of th+, code the Corpus Christi Property Maintenance Code or to voluntarily cure the defect or defects brought to his attention by the code official, or whenever the alleged violation or violations are not cured within 30 days of receipt of the notice described in subsection (A), or within such further time as may be agreed between the code official and the owner or occupant, or whenever the notice pursuant to subsection (A) is given as per the method enumerated in subsection (D) (3), and 30 days have elapsed from the date of first publication, the code official: (1) May proceed to enforce the penalty provision of this section or the Corpus Christi Property Maintenance Code in municipal court; and, (2) Alternatively or additionally, the code official shall present a complaint to the building standards board. (C) Building standard board procedure. Upon presentation of a complaint by the code official, the board shall hold a hearing upon the complaint not less than 10 days nor more than 45 days after the complaint is filed with the chairman, and the code official shall give reasonable notice of at least 10 days, as per a method enumerated in subsection (D) below, of said hearing, to the owner, and, if the premises are to be vacated, to the occupant, if different from the owner. Such notice of the board hearing shall: (1) Be in writing. (2) State the time, date, and place of the hearing. (3) State the nature of the violation or violations. (4) State the violation provision or provisions of the Corpus Christi Property Maintenance Code or of any other relevant code of the city that is being violated. (5) State the remedy to be sought at the hearing by the code official. (6) State that the owner, or the occupant, if the premises are to be vacated, shall come befor the board at the hearing and show cause why the remedy to be sought by the code official should not be granted. (7) Include a description of the real property sufficient for identification. (8) Inform property owner of the right to appeal. (9) Include a statement of the City's right to file a lien. The city may hire a professional for the purpose of determining the identity and address of a property owner, lienholder, mortgagee, or other person or entity with an interest in the property, to which the city is required to give notice under this section. The city has the power to cause the expense thereof to be assessed on the real estate of the lot or lots upon which such expense is incurred on filing with the county clerk of Nueces County a statement by the mayor, city health officer, or the code official of the city, of such expenses. The city shall have a lien thereon to secure the expenditure so made and ten (10) per cent interest on the amount from the date of such payment. For such expenditures and interest, as aforesaid, suit may be instituted in the name of the city, and the statement of expenses so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended in such work. (D) Method of notice. Service of any notice required by this code article or the Corpus Property Maintenance Code shall be accomplished by any of the following enumerated methods: (1) By delivery to the owner or by leaving the notice at the usual place of abode of the owner with a person of suitable age and discretion: or (2) By depositing the notice in the United States post office by certified mail, return receipt requested, addressed to the owner, agent, or person in control of said structure or premises at his last known address, postage prepaid thereon; or (3) Where the owner is unknown or his whereabouts is unknown, or where service of notice has failed under subsections (1) and (2), by an official notice in a generally circulated and recognized Corpus Christi newspaper, to be published twice within a ten-day period. (4) If the notice is returned showing that the letter was not delivered or unclaimed, a copy thereof shall be posted in a conspicuous place on the front door of each improvement situated on the affected property or as close to the front door as practicable. The original letter which was not delivered or unclaimed shall be kept on file in the Code Enforcement Division. (E) The provisions of subsection (B) do not preclude a person who has received notice under subsection (A) from requesting and receiving a hearing before the board under subsection (C) prior to, or instead of, a complaint being filed by the code official. Said request shall be in writing and directed to the chairman of the building standards board. A hearing requested under this subsection shall be held as soon as possible and in any event no later than 30 days from date written request for hearing is received by the chairman. (F) Provision for emergency. Notwithstanding the foregoing provisions of this section, when a structure or premises, or the manner of its use constitutes an immediate and serious danger to human life or health or to property, emergency measures may be taken by the code official, in accordance with §109 of the Corpus Christi Property Maintenance Code. (G)Technical Construction Codes applicable. Where a structure or premises is requested or ordered, after hearing, to be repaired pursuant to this code or the ,..,. Christi Property Maintenance Code, such repair, rehabilitation or restoration shall become subject to the provisions of the Technical Construction Codes, found at §14-201 et seq of this City Code, as such provisions pertain to the repair of existing buildings, including but not restricted to the requirement of obtaining a permit from the building official under said building code. (H) Hearings and orders. (1)The following decisions may be made by the building standards board upon the hearing in ordering the repair, vacation, or demolition of any building or structure: (a) If the substandard building or structure can reasonably be repaired so as to be in compliance with this code or the Property Maintenance Code, it shall be ordered repaired within 30 days, or such longer time period as the board may decide in the circumstances. Such order must state that the repairs be in compliance with section 13-2 = (G). (b) If 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, it shall be ordered to be vacated within a prescribed time and shall be placarded to prevent occupancy until the building or structure is brought up to all minimum standards of this code or the Property Maintenance Code, within 30 days or such longer time period as the board may decide in the -circumstances at the hearing. (c) If 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, it shall be ordered removed or demolished and removed from the premises within 30 days or such longer time period as the board may decide in the circumstances at the hearing. The board's decision shall_be in writing and.shall indicate the vote upon it. Every decision shall be promptly filed in the office of the code official and shall be open to public inspection; notice of their decision shall be sent as per section 13- 2 n= (D) and a copy of said notice shall be kept posted in the office of the code official for two (2) weeks after filing. The board shall in every case reach a decision without unreasonable or unnecessary delay. (2) If, after the decision of the board as per (a) above, to either repair, rehabilitate, remove or demolish any building or structure, the owner refuses or fails to comply with the decision of the board within 30 days of the date of the board's decision, or such longer time period as the board may have allowed at the hearing, or within such extension of time as may be authorized by the board in writing pursuant to section 13-2 - below, the code official may repair or demolish such building or structure and clean up the premises and remove all related debris by doing work itself or causing the work to be done and pay therefor, and shall charge the expenses incurred in doing or having such work done to the owner of such property as herein provided. The city, in addition to the foregoing remedy, has the power to cause the expense thereof to be assessed on the real estate of the lot or lots upon which such expense is incurred on filing with the county clerk of Nueces County a statement by the mayor, city health officer, or the code official of the city, of such expenses. The city shall have a lien thereon to secure the expenditure so made and ten (10) per cent interest on the amount from the date of such payment. For such expenditures and interest, as aforesaid, suit may be instituted in the name of the city, and the statement of expenses so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended in such work. The city may punish any owner or occupant or interested party for violating the provisions of this code, ordinances and regulations of the city by such proceedings and penalties as are provided for criminal actions. Sec. 13-23 Hardships. Where the literal application of the requirements of this code or the Corpus Christi Property Maintenance Code would cause undue hardship, exception may be granted by the board at the hearing held. Such exception shall be made in writing and only when it is clearly evident that reasonable safety and sanitation is assured, and such exception shall be conditioned in such manner as to achieve that end. Such conditions may include restrictions not generally specified by this code or the Corpus Christi Property Maintenance Code. Exception granted in accordance with this subsection may be subject to review by the city council. Sec. 13-24. Appeals. (a) Whenever it is claimed that the decision of the building standards board is erroneous, or that the decision of the board would cause undue hardship, the owner or occupant, or his duly authorized agent, may appeal from the decision of the board to the city council. The decision of the board is final unless notice of appeal to the city council is given. Notice of appeal from the decision of the board shall be in writing and filed with the city secretary within 30 days from the rendition of the decision of the board. The appeal shall state specifically the error alleged to have been committed by the board. (b) 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. Sec. 13-25 Disposition of items of personal property in buildings to be demolished. In the event there are items of personal property in the premises to be demolished, according to the provisions of section 13-226, additional notice as per section 13-226 (D) shall be given to the effect that if such items of personal property 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 that 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. Secs. 13-26 —13-37. Reserved. ARTICLE II. PROPERTY MAINTENANCE CODE SECTION 2: If for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 3: A violation of the Property Maintenance Code or the regulations implemented under the Property Maintenance Code constitutes a strict liability offense in accordance with Property Maintenance Code Section 106.3(a) and any violation is punishable by a fine not to exceed $500.00, the amount authorized by Section 12.23 of the Texas Penal Code and Section 1-6 of the Corpus Christi Code of Ordinance. SECTION 4: Publication shall be made in the official publication of the City of Corpus Christi, as required by the City Charter of the City of Corpus Christi. SECTION 5: This ordinance takes effect on October 1, 2016. SECTION 6: The changes in property maintenance regulations made by the Property Maintenance Code apply only to violations occurring on or after the effective date of the Property Maintenance Code. Any violations occurring before the effective date of the Property Maintenance Code are governed by the property maintenance regulations in effect at the time the violation occurred, and the former regulations are continued in effect for that purpose. For purposes of this section, a violation occurred before the effective date of this ordinance if any part of the violation occurred before that date. 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 th day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM Future Item for the City Council Meeting of August 30, 2016 Action Item for the City Council Meeting of September 13, 2016 DATE: August 9, 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: J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: Lawrence Mikolajczyk, Director of Solid Waste Operations Lawm@cctexas.com (361) 826-1972 Engineering Testing Agreement Cefe F. Valenzuela Landfill FY 2016-2017 Groundwater Monitoring Motion authorizing the City Manager, or designee, to execute an engineering testing agreement with Tolunay-Wong Engineers, Inc. of Corpus Christi, Texas in the amount of $130,400 for the Cefe F. Valenzuela Landfill FY 2016-2017 Groundwater Monitoring. PURPOSE: The purpose of this Agenda Item is to authorize the selected firm to prepare the annual ground- water monitoring report as specified by the Texas Commission on Environmental Quality (TCEQ). BACKGROUND AND FINDINGS: This site is located southeast of Petronilla, Texas and comprises approximately 300 acres. The landfill is a Type 1 Municipal Solid Waste facility that receives domestic waste and wastewater treatment plant sludge, and is the only operating municipal landfill for the City of Corpus Christi. This testing agreement is to meet TCEQ landfill permit requirements and to provide the analysis and specific reporting requirements for permit compliance. The permit requires two annual groundwater testing and reporting cycles under TCEQ Title 30 Administrative Code 330 Subchapter J Groundwater Monitoring and Corrective Action. ALTERNATIVES: 1. Authorize execution of an engineering testing agreement. (Recommended) 2. Do not authorize execution of an engineering testing agreement. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The testing agreement and selection process comply with the Professional Procurement Act and City Policy. Tolunay-Wong Engineers, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Solid Waste Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $140,000 $140,000 Encumbered / Expended Amount This item 130,400 130,400 Future Anticipated Expenditures This Project 5,950 5,950 BALANCE $3,650 $3,650 Fund(s): Comments: N/A RECOMMENDATION: City staff recommends the testing agreement with Tolunay-Wong Engineers, Inc. in the amount of $130,400 for the Cefe F. Valenzuela Landfill FY 2016-2017 Groundwater Monitoring. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Agreement Form 1295 Presentation PROJECT BUDGET ESTIMATE E16369 CEFE F. VALENZUELA LANDFILL GROUNDWATER MONITORING FY 2016-2017 PROJECT FUNDS AVAILABLE: Landfill Operating $ 140,000.00 TOTAL 140,000.00 FUNDS REQUIRED: Fees: Engineering (Tolunay-Wong Engineers) 130,400.00 Reimbursements 5,950.00 Contract Administration (Engineering/Finance/Capital Budget)(1.50%) 2,100.00 Engineering Services (Project Mgt/Constr Mgt)(2.25%) 3,150.00 Misc. (Printing, Advertising, etc.) 700.00 TOTAL 136,350.00 ESTIMATED PROJECT BUDGET BALANCE $ 3,650.00 North San Pedro Robstawn Petrorri I.a Tierra G ridde CR 20 Project Location L U FM 70 FM 2444 VICINITY MAP NOT TO SCALE Chapman Ranch Project Number: El Cefe Valenzuela 2016-2017 Groundwater Monitoring CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES AGREEMENT for Monitoring and Testing Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and TOLUNAY-WONG ENGINEERS, INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Don Rokohl P.E., Branch Manager, which agree as follows: 1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project, described as follows: Cefe F. Valenzuela Landfill FY 2016-2017 Groundwater Monitoring (Project No. E16369) ("PROJECT"). 2. SCOPE OF WORK: Lab shall provide services to the Project in accordance with the accompanying Scope of Services and Fee Schedule attached as Exhibit "A" and the Terms and Conditions to Agreement attached as Exhibit "B". 3. FEE: The City agrees to pay the Lab for services provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this Agreement, a total fee not to exceed $130,400.00. Monthly invoices will be submitted in accordance with Exhibit "C". 4. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE: To the best of the City's knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. 5. OWNERSHIP OF DOCUMENTS: All documents including contract documents (plans and specifications), record drawings, contractor's field data and submittal data will be the sole property of the City and may not be used again by Lab without the express terms written consent of the City Engineer. However, Lab may use standard details that are not specific to this Project. CITY OF CORPUS CHRISTI TOLUNAY-WONG EN INEERS, INC, G J. H. Edmonds, P.E. Date Don Rokohl, P.E. Date Director of Engineering Services Branch Manager 826 South Padre Island Drive Corpus Christi, TX 78416 RECOMMENDED (361) 884-5050 Office Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date KENGINEERING DATAEXCHANGELANGIEMISOLUD WASTE1E16369 CE FE F VALENZUELR FY 2016 TO 2017 GROUNDWATER MON6TORING52015 1001 TESTING AGREEMENT.DOC Rey.09r30l15 APPROVED Office of Management Date and Budget ATTEST City Secretary Project No. E16369 Accounting Unit: 1020-12506-033 Account: 530000 Activity: E16369011020EXP Account Category: 30000 Fund Name: Solid Waste Operating Encumbrance No. KSENGINEERING DATAEXCHANGE ANGIEMISOLID WASTEI.E16369 CEFE F VALENZUELA FY 2016 TO 2017 GROUNDWATER MONITORING120151001 TESTING AGREEMENT.DOC Rev. 09/30/15 tip'Falun ay -Wong Engineers, Inc. 826 South Padre Island Drive Corpus Christi, Texas 78416 Phone: (361) 884-5050 August 2, 2016 TWE Proposal No. P16 -E068 Mr. Lawrence Mikolajczyk Director of Solid Waste Operations City of Corpus Christi 2525Hygeia St., 78415 Corpus Christi, Texas 78469-9277 Phone: 361 826-1965 Fax: 361 826-1971 LawM@cctexas.com COST PROPOSAL FOR GROUNDWATER MONITORING AT CEFE VALENZUELA MUNICIPAL LANDFILL FOR FISCAL YEAR 2016 - 2017 CORPUS CHRISTI, NUECES COUNTY, TEXAS Dear Mr. Mikolajczk: Tolunay-Wong Engineers, Inc. (TWE) is pleased to submit the following proposal to provide groundwater monitoring services at the above -referenced facility for the City of Corpus Christi's (City) fiscal year of 2016 to 2017. Background The Site is located southeast of Petronila, TX, and the active area comprises approximately 300 acres. The landfill is a Type 1 Municipal Solid Waste (MSW) facility that receives domestic waste and wastewater treatment plant sludge. It is currently in active status and groundwater is being monitored on a semiannual basis under the detection monitoring program as specified in Title 30 Administrative Code (30 TAC )330 Subchapter J Groundwater Monitoring and Corrective Action. Constituents being monitored under this program include metals and volatile organic compounds (VOC) listed in 40 CFR Part 258, Appendix I. In the detection monitoring program for this facility, groundwater analytical results are compared to background concentrations that have been determined on an intrawell basis. Statistical background concentrations are current up through 2014 and will not require any additional updates until the end of 2016. Objective The objective of this project is to implement the Groundwater Sampling and Analysis Plan (GWSAP) which outlines the City of Corpus Christi's program for groundwater monitoring in accordance with the requirements of 30 TAC Subchapter J. The groundwater -monitoring program includes consistent sampling and analysis procedures that are designed to ensure monitoring results that provide an accurate representation of groundwater quality at the Cefe Valenzuela facility. EXHIBIT "A" Page 1 of 3 Mr. Lawrence Mikolajczyk TWE Proposal No. P16 -E068 August 2, 2016 Page 2 Scope of Work The Scope of Work includes three tasks 1. Semiannual Detection Monitoring of the 30 monitoring wells (MW 1-19, 40-46 plus deep wells MW -2B, MW -11B, MW -12B and MW -13B) for the 15 total metals and volatile organic compounds specified in the current GWSAP. In keeping with prior years of groundwater monitoring, iron, manganese, nitrate -nitrogen, ammonia -nitrogen, and dissolved organic carbon will be analyzed to facilitate the identification of geochemical processes that can mobilize metals, and which may assist with preparing alternate source demonstrations when background is exceeded in a well. In addition, 6 samples (3 per event) will be collected from the landfill leachate collection system to characterize the waste in terms of monitored constituents. This will also assist in preparation of alternate source demonstrations and contaminant fate and transport modeling. 2. Verification re -sampling for wells that exceed the statistically determined background concentration limit. 3. Biennial intrawell background update based on Detection Monitoring data collected in 2015 and 2016. 4. Evaluation of detection monitoring data, identification and reporting of SSIs or alternate sources, preparation of correspondence and submittals to TCEQ, including the Annual Report. TWE will transmit two hard copies and 1 electronic copy of the report to the City and three hard copies to the TCEQ. Schedule Based on the City's fiscal year schedule and negotiations with TCEQ, TWE proposes to conduct the two semiannual sampling events in October/November 2016 and April/May 2017. The 2016 Annual report will be issued in April 2017. The period between the 2nd semiannual sampling event of 2016 and the Annual Report will allow for up to two verification sampling events along with data review and incorporation of results into the Annual Report. The period following the 1st semiannual event of 2017 will also be utilized for verification sampling if required. Each semiannual sampling event is expected to take about one working week to complete with analytical turnaround time (TAT) requiring two working weeks. Verification sampling, if required, is expected to take no more than three days for each event with analytical TAT again requiring two working weeks. Proposed Project Costs TWE will conduct the investigation on a time and material basis for a not -to -exceed base price of $130,400. A cost breakdown for the major tasks is summarized below. Field Sampling Activities (includes 2 Verification Sampling Events) Labor $ 37,400 EXHIBIT "A" Page 2 of 3 Mr. Lawrence Mikolajczyk TWE Proposal No. P16 -E068 August 2, 2016 Page 3 ODCs $ 6,300 Analytical $ 33,000 Reporting $ 36,100 Background Report Preparation $ 5,100 Project Management $ 12,500 Project Total $ 130,400 Limitations The proposal presented above, including the Scope of Work and schedule, is contingent upon the following assumptions: • TWE will have necessary access to the site. • Level D Personal Protective Equipment is adequate. • Negotiations and/or meetings with TCEQ for any other issues related to the scope of work as outlined in this proposal will not be required. • Unanticipated delays beyond TWE's control will constitute a change order and will be billed according to the attached fee schedule. Closing Remarks If you have any questions or need additional information, please contact me at (713) 722-7064 or by e-mail at drokohl(i,tweinc.com. Sincerely, Tolunay-Wong Engineers, Inc. TA_ P,Jec 1-( Or'sw-- Don Rokohl, P.E. Corpus Christi Branch Manager Paul Wild Vice President Environmental Services Division Mark Brotherton, P.G. Sr. Project Manager Environmental Services Division EXHIBIT "A" Page 3 of 3 TERMS AND CONDITIONS TO TESTING AGREEMENT ARTICLE 1. SERVICES: Lab will: 1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the City Engineer. 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the Project specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained and parts of the structure of the Project area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the City Engineer or designee documentation of such calibration. Secure representative samples of those materials that the City's contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies specifically designated in writing by the City Engineer. 1.6 Retain records relating to services performed for City for a period of two years following submission of any reports, during which period the records will be made available to the City at all reasonable times: 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will: 2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by Lab. 2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the City's representative with respect to Lab's services to be performed under this Agreement and which must be promptly notified by Lab when it appears that materials tested or inspected are in non-compliance. Only the City Engineer or designee has authority to transmit instructions, receive information and data and/or interpret and define the City's policies and decisions with respect to the Project. Lab acknowledges that certain City representatives may have different types of authority concerning the Project. 2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to: EXHIBIT "B" Page 1 of 6 (a) Stop work at the appropriate times for Lab to perform contracted services; (b) Furnish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to facilitate the specified inspection and tests; (c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test specimens that must remain on the Project site prior to, during and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are vested in the Project architects, design engineers or any other design agencies or authorities. 3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project specifications or other contract documents nor to approve or accept any portion of the work. Lab does not have the right of rejection or the right to stop the work. City Engineer will direct the Project contractor to stop work at appropriate times for Lab to conduct the sampling, testing or inspection of operations covered by the Agreement. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services. The City and Lab also agree that Lab will not assume responsibility for Project contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by Lab will not relieve the Project contractor of its responsibilities for performing the work in accordance with the Project plans and specifications. For the purposes of this Agreement, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by Lab as specified in the Agreement. Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other party. 4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, Lab will dispose of non -hazardous samples, .and return hazardous, acutely toxic or radioactive samples and samples' containers and residues to City. City agrees to accept such samples and samples' containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by Lab will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the Agreement or any reports. Lab will not be responsible for the interpretation or use by others of data developed by Lab. ARTICLE 6. INDEMNIFICATION Lab 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 EXHIBIT "B" Page 2of6 subcontractor or supplier committed by Lab or its agent, Lab under contract or another entity over which Lab 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. Lab 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 Lab shall reimburse the City's reasonable attorney's fees in proportion to the Lab's liability. Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known to Lab related to or arising out of Lab's activities under this Agreement. ARTICLE 7. INVOICES AND PAYMENT 7.1 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services. Each invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer. 7.2 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. ARTICLE 8. INSURANCE REQUIREMENTS 8.1 Lab must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Lab must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 8.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or amendment) a copy of the Certificate(s) of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. 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 EXHIBIT "B" Page 3 of 6 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 (Defense costs must 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. 8.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports of any accidents within 10 days of the accident. 8.4 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab'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. Lab is required to provide City with renewal Certificates. 8.6 Lab 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. Lab 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 8.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: (a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the professional liability/Errors & Omissions policy; (b) 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; and (c) 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. EXHIBIT "B" Page 4 of 6 EXHIBIT "B" Page 5 of 6 8.8 Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Lab shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lab'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. 8.9 In addition to any other remedies the City may have upon Lab'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 Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until Lab demonstrates compliance with the requirements hereof. 8.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's performance of the work covered under this agreement. 8.11 It is agreed that Lab'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. 8.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. ARTICLE 9. TERMINATION OF AGREEMENT The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to Lab at the address of record. Lab will be compensated for services performed up to termination. ARTICLE 10. 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 lie exclusively in Nueces County, Texas. ARTICLE 11. DISCLOSURE OF INTERESTS 11.1 Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Agreement, if required. 11.2 Lab agrees to comply with section 2252.908 of the Texas Government Code and complete Form 1295 Certificate of Interested Parties as part of this Agreement, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx. us. 11.3 Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi 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:Ilwww.cctexas.com/govern menticity-secretary/conflict-disclosure/index. ARTICLE 12. CLAIMS 12.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative. The responsibility to substantiate a claim rests with the party making the claim. 12.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. ARTICLE 13. EXTENT OF AGREEMENT 13.1 This Agreement, including Exhibit "A" and these Terms and Conditions, represents the entire Agreement between City and Lab and supersedes all prior negotiation, representations or agreements, written or oral. This Agreement may be amended only by a written instrument signed by duly authorized representatives of City and Lab. If any conflict occurs between these Terms and Conditions and any other part of this Agreement, these Terms and Conditions are controlling. 13.2 In the event that any one or more of the provisions contained in this Agreement are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this Agreement will be construed as if the invalid or unenforceable matters were never included in this Agreement. No waiver of any default will be a waiver of any future default. 13.3 Neither party will assign this Agreement without the express written approval of the other, but Lab may subcontract laboratory procedures as Lab deems necessary to meet the obligations of this Agreement. ARTICLE 14. SAFETY City and Lab agree that, in accordance with the generally accepted construction practice, the Project's general contractor will be solely and completely responsible for working conditions on the Project, including safety of all persons and property during the performance of the work and for compliance with all municipal, state and federal laws, rules and regulations, including OSHA. The duty of Lab in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the Project's general contractor's safety measures in, on or near the Project site. EXHIBIT "B" Page 6 of 6 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. xxxxxx Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 . Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 O n/a 14,166 0 0 14,166 0 0 0 n/a 0% 0 0 0 0 0 0 O $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 O n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% CITY OF CORPUS CHRISTI =-�--= DISCLOSURE OF INTEREST City of Christi City of Corpus Christi Ordinance i 7112, as amended, requires alI persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Tolunay-Wong Engineers, Inc. P. O. BOX: STREET ADDRESS: 826 South Padre Island Drive CITY: Corpus Christi ZIP: 78416 FIRM IS: L _ Corporation 4. Association 2. Partnership 5. Other B . Sole Owner 0 DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the Cityof Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm' Name Job Title and City Department (if known) 1\1 44 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N // 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 i\I /A 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 14 / Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee - or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that 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: Don Rokohl, P.E. Title: (Type or Print) Signature of Certifying Person: L - ( Branch Manager DEFINITIONS Date: c� c7 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. g. 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: 2016-97705 Date Filed: 08/10/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Tolunay-Wong Engineers, 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. E16369 Engineering 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. ❑ X 6 AFFIDAVIT �111►RI{Ilii+Il0 / I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. N. "� ?4" rusr': yam. so • D !z- at ': use `7 . Signature of authorized agent of contracting business entity S. 474-0E-0 �i�," °eq,)PIRES.°°° ♦� � AFFIX NOTAFr+{i AL %OVE Ifr►!IIfli11100 ��,AA {� r ad Swor o and subscribed before me, by the said J 1C • this the day of It . /,� . sf 20 to certify which, witness my hand and seal of office. II 1 \.. LIAO. 1VAA7 Piik,[91 'I C 0 ,o(as Signal FAs er ad)061 ing oat Printed name of officer administering oath Tit of offic r ..minis er ng oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 Corpus Chr sti Engineering Cefe F. Valenzuela Landfill FY 2016-2017 Groundwater Monitoring Council Presentation August 30, 2016 Project Vicinity �hrsti Engineering Robstown Spring Garden -Terra Verde La Paloma -lost Greek zP Tierra Grande Driscoll Petroni la Project Location CR 20 re U FM 70 FM 2444 Chapman Ranch 2 Project Location �hrsti Engineering Project Scope 111 �hrsti Engineering Project includes: • Groundwater sampling from 30 groundwater wells and the leachate system twice yearly • Laboratory testing of each sample for 15 metals and volatile organic compounds • Analysis of lab data for TCEQ compliance • Verification re -sampling and testing for samples that exceed the TCEQ limit • Annual Reporting to TCEQ Project Schedule �hrsti Engineering 2016 2017 Oct I Nov I Dec I Jan Feb I Mar Apr I May I Jun I Jul I Aug Sep I Monitoring Project Estimate: 365 Calendar Days 12 Months AGENDA MEMORANDUM Future Item for the City Council Meeting of August 30, 2016 Action Item for the City Council Meeting of September 13, 2016 DATE: August 9, 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: J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: Lawrence Mikolajczyk, Director of Solid Waste Operations Lawm@cctexas.com (361) 826-1972 Engineering Testing Agreement J.C. Elliott Landfill FY 2016-2017 Groundwater Monitoring Motion authorizing the City Manager, or designee, to execute an engineering testing agreement with Tolunay-Wong Engineers, Inc. of Corpus Christi, Texas in the amount of $123,000 for the J.C. Elliott Landfill FY 2016-2017 Groundwater Monitoring. PURPOSE: The purpose of this Agenda Item is to authorize the selected firm to prepare the annual ground- water monitoring report as specified by the Texas Commission on Environmental Quality (TCEQ). BACKGROUND AND FINDINGS: The J.C. Elliott landfill is located at 7001 Ayers Street and comprises approximately 313 acres. The landfill is a Type 1 Municipal Solid Waste facility and is currently in post -closure care. Groundwater is being monitored on a semi-annual basis under the detection monitoring program specified by Texas Commission on Environmental Quality (TCEQ). This agreement is to meet TCEQ landfill permit requirements and to provide for the analysis and specific reporting requirements for permit compliance. The permit requires two annual groundwater testing and reporting cycles under TCEQ Title 30 Administrative Code 330 Subchapter J Groundwater Monitoring and Corrective Action. ALTERNATIVES: 1. Authorize execution of an engineering testing agreement. (Recommended) 2. Do not authorize execution of an engineering testing agreement. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The testing agreement and selection process comply with the Professional Procurement Act and City Policy. Tolunay-Wong Engineers, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Solid Waste Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $130,000 $130,000 Encumbered / Expended Amount This item $123,000 $123,000 Future Anticipated Expenditures This Project 5,525 5,525 BALANCE $1,475 $1,475 Fund(s): Comments: N/A RECOMMENDATION: City staff recommends the testing agreement with Tolunay-Wong Engineers, Inc. in the amount of $123,000 for the J. C. Elliott Landfill FY 2016-2017 Groundwater Monitoring. LIST OF SUPPORTING DOCUMENTS: Project Budget Form 1295 Location Map Presentation PROJECT BUDGET ESTIMATE E16368 JC ELLIOTT LANDFILL FY 2016-2017 GROUNDWATER MONITORING FY 2016-2017 PROJECT FUNDS AVAILABLE: Landfill Operating $ 130,000.00 TOTAL 130,000.00 FUNDS REQUIRED: Fees: Engineering (Tolunay-Wong Engineers) 123,000.00 Reimbursements 5,525.00 Contract Administration (Engineering/Finance/Capital Budget)(1.50%) 1,950.00 Engineering Services (Project Mgt/Constr Mgt)(2.25%) 2,925.00 Misc. (Printing, Advertising, etc.) 650.00 TOTAL 128,525.00 ESTIMATED PROJECT BUDGET BALANCE $ 1,475.00 : r®z tii 358 Project Location VICINITY MAP NOT TO SCALE T Project Number: El ❑❑❑❑ J.C. ELLIOTT 2016-2017 GROUNDWATER MONITORING CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES AGREEMENT for Monitoring and Testing Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and TOLUNAY-WONG ENGINEERS, INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Don Rokohl, P.E., Branch Manager, which agree as follows: 1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project, described as follows: J.C. Elliott Landfill FY 2016-2017 Groundwater Monitoring (Project No. E16368) ("PROJECT"). 2. SCOPE OF WORK: Lab shall provide services to the Project in accordance with the accompanying Scope of Services and Fee Schedule attached as Exhibit "A" and the Terms and Conditions to Agreement attached as Exhibit "B". 3. FEE: The City agrees to pay the Lab for services provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this Agreement, a total fee not to exceed $123,000.00. Monthly invoices will be submitted in accordance with Exhibit "C". 4. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE: To the best of the City's knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. 5. OWNERSHIP OF DOCUMENTS: All documents including contract documents (plans and specifications), record drawings, contractor's field data and submittal data will be the sole property of the City and may not be used again by Lab without the express terms written consent of the City Engineer. However, Lab may use standard details that are not specific to this Project. CITY OF CORPUS CHRISTI TOLUNAY-WONG EN INEERS, INC. iL 1214 . r 5-1G J. H. Edmonds, P.E. Date Don Rokohl, P.E. Date Director of Engineering Services Branch Manager 826 South Padre Island Drive Corpus Christi, TX 78416 RECOMMENDED (361) 884-5050 Office Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date K1£NGINEERING DATAEXCHANGEANGIEMISOLID WASTE4E16368.1 C ELLIOTT FY 2016 TO 2017 GROUNDWATER MON&TORING120151001 TESTING AGREEMENT.DGC Rev. OS130!15 APPROVED Office of Management Date and Budget ATTEST City Secretary Project No. E16368 Accounting Unit: 1020-12530-033 Account: 530000 Activity: E16368011020EXP Account Category: 30000 Fund Name: Solid Waste Operating Encumbrance No. K%ENGINEERING DATAEXCHANGEWNGIEM4SOLID WASTE1E16366 J C ELLIOTT FY 2016 TO 2017 GROUNDWATER MONITORING72015 1001 TESTING AGREEMENT.DOC Rev. 09/30115 01) Tolunay-Wong Engineers, Inc. 826 South Padre Island Drive Corpus Christi, Texas 78416 Phone: (361) 884-5050 August 2, 2016 TWE Proposal No. P16 -E040 Mr. Lawrence Mikolajczyk Director of Solid Waste Operations City of Corpus Christi 2525Hygeia St., 78415 Corpus Christi, Texas 78469-9277 Phone: 361 826-1965 Fax: 361 826-1971 LawNW,,cctexas.com COST PROPOSAL FOR GROUNDWATER MONITORING AT J C ELLIOTT MUNICIPAL LANDFILL FOR FISCAL YEAR 2016 - 2017 CORPUS CHRISTI, NUECES COUNTY, TEXAS Dear Mr. Mikolajczyk: Tolunay-Wong Engineers, Inc. (TWE) is pleased to submit the following proposal to provide groundwater monitoring services at the above -referenced facility for the City of Corpus Christi's (City) fiscal year of 2016 to 2017. Background The Site is located at 7001 Ayers St, Corpus Christi, Texas and comprises approximately 313 acres. The landfill is a Type I Municipal Solid Waste (MSW) facility that received domestic waste and wastewater treatment plant sludges. It is currently in post -closure care and the groundwater is being monitored on a semiannual basis under the detection monitoring program as specified in Title 30 Administrative Code (30 TAC )§330 Subchapter J Groundwater Monitoring and Corrective Action, Constituents being monitored under this program include metals and volatile organic compounds (VOC) listed in 40 CFR Part 258, Appendix I. For the detection monitoring program at this facility, groundwater analytical results are compared to background concentrations that have been determined on an intrawell basis. Statistical background concentrations are current up through 2014 and will, not require any additional updates until the end of 2016. Objective The objective of this project is to implement the Groundwater Sampling and Analysis Plan (GWSAP) which outlines the City's program for groundwater monitoring in accordance with the requirements of 30 TAC Subchapter J. The groundwater -monitoring program includes consistent sampling and analysis procedures that are designed to ensure monitoring results that provide an accurate representation of groundwater quality at the J C Elliott facility. EXHIBIT "A" Page 1 of 3 Mr. Lawrence Mikolajczyk TWE Proposal No. P16 -E040 August 2, 2016 Page 2 Scope of Work The Scope of Work includes three tasks 1. Semiannual Detection Monitoring of the 23 monitoring wells (Wells MW 1-2, 4-5, 7, 12, 16- 32) for the 15 total metals and volatile organic compounds specified in the current GWSAP. In keeping with prior years of groundwater monitoring, iron, manganese, nitrate -nitrogen, ammonia -nitrogen, and dissolved organic carbon will be analyzed to facilitate the identification of geochemical processes that can mobilize metals, and which may assist with preparing alternate source demonstrations when background is exceeded in a well. In addition, 6 samples (3 per event) will be collected from the landfill leachate collection system to characterize the waste in terms of monitored constituents. This will also assist in preparation of alternate source demonstrations and contaminant fate and transport modeling. 2. Verification re -sampling for wells that exceed the statistically determined background concentration limit. 3. Biennial intrawell background update based on Detection Monitoring data collected in 2015 and 2016. 4. Evaluation of detection monitoring data, identification and reporting of SSIs or alternate sources, preparation of correspondence and submittals to TCEQ, including the Annual Report. TWE will transmit two hard copies and 1 electronic copy of the report to the City of Corpus Christi and three hard copies to the TCEQ. Schedule Based on the City's fiscal year schedule and negotiations with TCEQ, TWE proposes to conduct the two semiannual sampling events in October/November 2016 and April/May 2017. The 2016 Annual report will be issued in April 2017. The period between the 2nd semiannual sampling event of 2016 and the Annual Report will allow for up to two verification sampling events along with data review and incorporation of results into the Annual Report. The period following the 1St semiannual event of 2017 will also be utilized for verification sampling if required. Each semiannual sampling event is expected to take about one working week to complete with analytical turnaround time (TAT) requiring two working weeks. Verification sampling, if required, is expected to take no more than three days for each event with analytical TAT again requiring two working weeks. Proposed Project Costs TWE will conduct the investigation on a time and material basis for a not -to -exceed base price of $117,900. A cost breakdown for the major tasks is summarized below. Field Sampling Activities (includes 2 Verification Sampling Events) Labor ODCs $ 33,600 $ 6,300 EXHIBIT "A" Page2of3 Mr. Lawrence Mikolajczyk TWE Proposal No. P16 -E040 August 2, 2016 Page 3 Analytical Reporting Background Report Preparation Project Management Project Total $ 31,300 $ 31,100 $ 5,100 $ 15,600 $ 123,000 Limitations The proposal presented above, including the Scope of Work and schedule, is contingent upon the following assumptions: • TWE will have necessary access to the site. • Level D Personal Protective Equipment is adequate. • Negotiations and/or meetings with TCEQ for any other issues related to the scope of work as outlined in this proposal will not be required. • Unanticipated delays beyond TWE's control will constitute a change order and will be billed according to the attached fee schedule. Closing Remarks If you have any questions or need additional information, please contact me at (361) 884-5050 or by e-mail at drokohl(a�tweinc.com. Sincerely, Tolunay-Wong Engineers, Inc. /4_ 12.44 Don Rokohl, P.E. Corpus Christi Branch Manager t/72,‘ A9 Paul Wild Vice President Environmental Services Division Mark Brotherton, P.G. Sr. Project Manager Environmental Services Division EXHIBIT "A" Page 3 of 3 TERMS AND CONDITIONS TO TESTING AGREEMENT ARTICLE 1. SERVICES: Lab will: 1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the City Engineer. 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the Project specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained and parts of the structure of the Project area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the City Engineer or designee documentation of such calibration. Secure representative samples of those materials that the City's contractor proposes to use which require testing; together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies specifically designated in writing by the City Engineer. 1.6 Retain records relating to services performed for City for a period of two years following submission of any reports, during which period the records will be made available to the City at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will: 2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by Lab. 2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the City's representative with respect to Lab's services to be performed under this Agreement and which must be promptly notified by Lab when it appears that materials tested or inspected are in non-compliance. Only the City Engineer or designee has authority to transmit instructions, receive information and data and/or interpret and define the City's policies and decisions with respect to the Project. Lab acknowledges that certain City representatives may have different types of authority concerning the Project. 2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to: EXHIBIT "B" Page 1 of 6 (a) Stop work at the appropriate times for Lab to perform contracted services; (b) Furnish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to facilitate the specified inspection and tests; (c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test specimens that must remain on the Project site prior to, during and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are vested in the Project architects, design engineers or any other design agencies or authorities. 3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project specifications or other contract documents nor to approve or accept any portion of the work. Lab does not have the right of rejection or the right to stop the work. City Engineer will direct the Project contractor to stop work at appropriate times for Lab to conduct the sampling, testing or inspection of operations covered by the Agreement. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services. The City and Lab also agree that Lab will not assume responsibility for Project contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by Lab will not relieve the Project contractor of its responsibilities for performing the work in accordance with the Project plans and specifications. For the purposes of this Agreement, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by Lab as specified in the Agreement. Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other party. 4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, Lab will dispose of non -hazardous samples, and return hazardous, acutely toxic or radioactive samples and samples' containers and residues to City. City agrees to accept such samples and samples' containers. ARTICLE 6. STANDARD OF CARE AND WARRANTY Services performed by Lab will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the Agreement or any reports. Lab will not be responsible for the interpretation or use by others of data developed by Lab. ARTICLE 6. INDEMNIFICATION Lab 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 EXHIBIT "B" Page 2 of 6 subcontractor or supplier committed by Lab or its agent, Lab under contract or another entity over which Lab 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. Lab 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 Lab shall reimburse the City's reasonable attorney's fees in proportion to the Lab's liability. Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known to Lab related to or arising out of Lab's activities under this Agreement. ARTICLE 7. INVOICES AND PAYMENT 7.1 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services. Each invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer. 7.2 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. ARTICLE 8. INSURANCE REQUIREMENTS 8.1 Lab must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Lab must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 8.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or amendment) a copy of the Certificate(s) of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. 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 EXHIBIT "B" Page 3 of 6 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 (Defense costs must 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. 8.3 In the event of accidents of any kind related to this agreement, Lab must fumish the City with copies of all reports of any accidents within 10 days of the accident. 8.4 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab'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. Lab is required to provide City with renewal Certificates. 8.6 Lab 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. Lab 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 8.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: (a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the professional liability/Errors & Omissions policy; (b) 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; and (c) 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. EXHIBIT "B" Page 4of6 8.8 Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Lab shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lab'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. 8.9 In addition to any other remedies the City may have upon Lab'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 Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until Lab demonstrates compliance with the requirements hereof. 8.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's performance of the work covered under this agreement. 8.11 It is agreed that Lab'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. 8.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. ARTICLE 9. TERMINATION OF AGREEMENT The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to Lab at the address of record. Lab will be compensated for services performed up to termination. ARTICLE 10. 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 lie exclusively in Nueces County, Texas. ARTICLE 11. DISCLOSURE OF INTERESTS 11.1 Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Agreement, if required. 11.2 Lab agrees to comply with section 2252.908 of the Texas Government Code and complete Form 1295 Certificate of Interested Parties as part of this Agreement, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx. us. 11.3 Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form C]Q with the City of Corpus Christi 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 httpalwww.cctexas.coralgovernmenticity-secretarvlconflict-disclosure/index. ARTICLE 12. CLAIMS 12.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative. The responsibility to substantiate a claim rests with the party making the claim. 12.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. EXHIBIT "B" Page 5 of 6 ARTICLE 13. EXTENT OF AGREEMENT 13.1 This Agreement, including Exhibit "A" and these Terms and Conditions, represents the entire Agreement between City and Lab and supersedes all prior negotiation, representations or agreements, written or oral. This Agreement may be amended only by a written instrument signed by duly authorized representatives of City and Lab. If any conflict occurs between these Terms and Conditions and any other part of this Agreement, these Terms and Conditions are controlling. 13.2 In the event that any one or more of the provisions contained in this Agreement are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this Agreement will be construed as if the invalid or unenforceable matters were never included in this Agreement. No waiver of any default will be a waiver of any future default. 13.3 Neither party will assign this Agreement without the express written approval of the other, but Lab may subcontract laboratory procedures as Lab deems necessary to meet the obligations of this Agreement. ARTICLE 14. SAFETY City and Lab agree that, in accordance with the generally accepted construction practice, the Project's general contractor will be solely and completely responsible for working conditions on the Project, including safety of all persons and property during the performance of the work and for compliance with all municipal, state and federal laws, rules and regulations, including OSHA. The duty of Lab in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the Project's general contractor's safety measures in, on or near the Project site. EXHIBIT "B" Page 6 of 6 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. xxxxxx Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 0 n/a 14,166 0 0 14,166 0 0 0 n/a 0% 0 0 0 0 0 0 0 $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 0 n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% CITY OF CORPUS CHRISTI =-�--= DISCLOSURE OF INTEREST City of Christi City of Corpus Christi Ordinance i 7112, as amended, requires alI persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Tolunay-Wong Engineers, Inc. P. O. BOX: STREET ADDRESS: 826 South Padre Island Drive CITY: Corpus Christi ZIP: 78416 FIRM IS: L _ Corporation 4. Association 2. Partnership 5. Other B . Sole Owner 0 DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the Cityof Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm' Name Job Title and City Department (if known) 1\1 44 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N // 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 i\I /A 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 14 / Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee - or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that 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: Don Rokohl, P.E. Title: (Type or Print) Signature of Certifying Person: L - ( Branch Manager DEFINITIONS Date: c� c7 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. g. Forms provided by Texas Ethics Commission www. eth i cs. state. tx. us Version V1.0.277 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: 2016-97701 Date Filed: 08110/2016 bate Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Tolunay-Wong Engineers, 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. E16368 Engineering Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check if there is NO Interested Party. only X 6 AFFIDAVIT`\``\\ AFFIX Sworn 20Jt..0 I swear, or affirm, under enal ofthat ONliRE'Dk ill penalty 4.1` .•o'SPRY PUe:g f'4 J g:* : 74, perjury, the above disclosure is true and correct. \��1 •�' • Signature of authorized agent of contracting 1,1;OF f NOT � 9S ABOVE hfflfliltI to and subscribed before me, by the said ,_,..0v` Q. )(-0 kb ild , this the business entity I I - day of , , to certify which, witness my hand and seal of office. La47 Ibi-ok, okblicoPreosA \. 1101 Signatu.6 o officer a'd r - steLing-Math Printed name of officer administering oath Title of officer admiVA3ring path , IIVPACIMitiKt Forms provided by Texas Ethics Commission www. eth i cs. state. tx. us Version V1.0.277 Corpus Chr sti Engineering J.C. Elliott FY 2016-2017 Groundwater Monitoring Council Presentation August 30, 2016 Project Vicinity �hrsti Engineering 1 371 Project Location / Ssra�o ea e4v, 4 roes fi 2 Project Location �hrsti Engineering Project Scope 111 �hrsti Engineering Project includes: • Groundwater sampling from 23 groundwater wells and the leachate system twice yearly • Laboratory testing of each sample for 15 metals and volatile organic compounds • Analysis of lab data for TCEQ compliance • Verification re -sampling and testing for samples that exceed the TCEQ limit • Annual Reporting to TCEQ Project Schedule �hrsti Engineering 2016 2017 Oct I Nov I Dec I Jan Feb I Mar Apr I May I Jun I Jul I Aug Sep I Monitoring Project Estimate: 365 Calendar Days 12 Months AGENDA MEMORANDUM Future Item for the City Council Meeting of August 30, 2016 Action Item for the City Council Meeting of September 13, 2016 DATE: August 15, 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, Public Works ValerieG@cctexas.com (361) 826-3729 J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Resolution for the acquisition of real property rights by eminent domain for the Creek View Drive Extension Project — Bond 2014, Prop. 2 CAPTION: Resolution of the City Council of the City of Corpus Christi, Texas (1) determining the public necessity and public use for the acquisition of a parcel of land by fee simple title, collectively known as Parcel 1, for a street improvement project known as the Creek View Drive Extension Project; (2) authorizing the City Manager or designee to negotiate and execute all documents necessary to acquire the property interests subject to availability of funds appropriated for such purposes; (3) authorizing the City Manager to institute condemnation by eminent domain proceedings to acquire the fee simple title in the property owned by the William E. McKinzie, Jr. Family Limited Partnership; (4) authorizing payment pursuant to an award by special commissioners; (5) authorizing acceptance and recording of appropriate legal instruments; and (6) approving condemnation for all units of property to be acquired by condemnation of the parcel described herein by a single record vote of the City Council. PURPOSE: This resolution is required to proceed with eminent domain proceedings to acquire a parcel of land needed for this street project. Council must first determine that a public use and necessity exists for the project and delegate authority to the City Manager to use the power of eminent domain. The resolution also authorizes the City Manager or her designee to execute all real estate purchase contracts and instruments, provided that the amounts are within Council -approved project budgets. BACKGROUND AND FINDINGS: The extension of Creek View Drive (Bond 2014, Proposition 2) from Creek Side Drive to McKinzie Road will improve traffic flows and safety in the Maple Hills Subdivision and the Tuloso Midway Primary School (grades K-2) located within the subdivision. This project includes a new 2 -lane roadway with new curb and gutter, sidewalks, ADA ramps, signage and pavement markings. Utility improvements include water, wastewater, gas and storm water that will increase reliability and service to the area. Water system improvements include a new fire hydrant and upgrades to enhance water services and emergency fire protection to the immediate area. Storm water improvements will improve local drainage. The extension of Creek View Drive requires the acquisition of one (1) tract of land containing 22,230.10 square feet (0.51 acres) of land owned by the William E. McKinzie, Jr. Family Limited Partnership. The City's Property & Land Acquisition Division's staff first contact with the property owner's registered agent and general partner, Mr. William E. McKinzie, Jr. was on July 31, 2015, requesting right of entry for surveying. On August 5, 2015, Mr. McKinzie, Jr. called to refer city staff to his attorney, Mr. Charles Cartwright. Staff sent introduction letters to both the property owner and his representative on September 10, 2015. On March 8, 2016, the City received a letter from Mr. Paul Barkhurst, attorney, stating that he is representing the property owner. On March 15, 2016, a certified offer letter was sent to and received by Mr. Barkhurst, to purchase the tract of land in the amount of $55,575.00 (based on a real estate appraisal obtained by the City). Upon not receiving a response, a certified final offer letter, as required by law, was sent to Mr. McKinzie and Mr. Barkhurst on May 19, 2016. The certified mail receipts indicate each received the final offer letter on May 23, 2016. No response from either has been received. City staff has sent multiple requests by phone, email and letter with no response for acceptance, rejection or submission of a counter-offer throughout the course of negotiations. Therefore, City staff has concluded that negotiations have ceased and will not result in the acquisition of the needed tract of land. Based on this, staff requests that City Council authorize City staff to exercise and initiate eminent domain procedures to acquire the tract of land. On September 1, 2011, Texas Senate Bill 18 (SB18) was passed which requires all entities with eminent domain authority to follow certain procedures prior to initiating eminent domain proceedings under Section §21.012 of the Texas Property Code. The new procedures are more restrictive on the condemning authorities and stipulate certain requirements. One of them is the requirement of a vote on the use of eminent domain by a governmental entity under Section 2206.052 of the Texas Government Code. This resolution and the motion to adopt it are in a form required under Senate Bill 18 and other state law requirements. ALTERNATIVES: No alternatives are available for a governmental entity to be able to use of its power of eminent domain. Under Texas law, Council must adopt a resolution at a public meeting by record vote delegating its authority. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The resolution conforms to the City Charter, Code of Ordinances, Article X, General Powers and Provisions, Section 1. The resolution and the motion adopting it conform to Senate Bill 18 (SB18), Chapter 21 of the Property Code, and Chapter 2206.052 of the Government Code. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Engineering Services FINANCIAL IMPACT: [ ] Operating [ ] Revenue [ ] Capital [x] Not applicable Fiscal Year 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff requests Council pass the motion to adopt the Resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Vicinity Map Presentation 1 Resolution of the City Council of the City of Corpus Christi, Texas (1) determining the public necessity and public use for the acquisition of a parcel of land by fee simple title, collectively known as Parcel 1, for a street improvement project known as the Creek View Drive Extension Project; (2) authorizing the City Manager or designee to negotiate and execute all documents necessary to acquire the property interests subject to availability of funds appropriated for such purposes; (3) authorizing the City Manager to institute condemnation by eminent domain proceedings to acquire the fee simple title in the property owned by the William E. McKinzie, Jr. Family Limited Partnership; (4) authorizing payment pursuant to an award by special commissioners; (5) authorizing acceptance and recording of appropriate legal instruments; and (6) approving condemnation for all units of property to be acquired by condemnation of the parcel described herein by a single record vote of the City Council. WHEREAS, the City of Corpus Christi is in need of a tract of land known as Parcel 1, described herein for the purposes of constructing a roadway extension and other street related improvements from Creek Side Drive to McKinzie Road; WHEREAS, in accordance with the Texas Property Code, the Landowner's Bill of Rights have been provided to the landowner; and WHEREAS, in accordance with Section 2206.053 of the Texas Government Code, the City Council of the City of Corpus Christi, Texas, has met after a duly noticed meeting in compliance with the Texas Open Meetings Act, and by a record vote of the City Council, (with no Councilmember objecting to adoption by single resolution for all units of property for which condemnation proceedings are to be initiated), the City Council has determined to utilize its constitutional and statutory authority to exercise its authority for eminent domain in accordance with State law; and WHEREAS, the tract of land is necessary to advance the public uses recited herein; and WHEREAS, Texas Government Code Section 2206.053(f) provides that if a project for a public use will require a governmental entity to acquire multiple tracts or units of property to construct facilities connecting one location to another location, the governing body of the governmental entity may adopt a single ordinance, resolution, or order by record vote that delegates the authority to initiate condemnation proceedings to the chief administrative official of the governmental entity; and WHEREAS, based on an engineering study, the location of said alternative access and street related improvements optimizes the enhancement and adequacy of municipal streets; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 2 Section 1. All of the Recitals are hereby found to be true and correct legislative and factual findings of the City of Corpus Christi Texas, and they are hereby approved and the Recitals are incorporated for all purposes as if they were fully recited herein. Section 2. That the City Council of the City of Corpus Christi, Texas, hereby finds and determines that a public use and necessity exists for the welfare of the City and its citizens to construct the Creek View Drive Extension Project, and it is in the public interest to acquire the tract of land known as Parcel 1, as described by metes and bounds in Exhibit "A" and depicted in Exhibit "B," attached hereto and incorporated herein, for such public use; that such acquisition is solely for the public use and necessity of acquiring this uniquely situated land for providing improvements to its municipal street system. Section 3. That the City Manager or designee is hereby authorized on behalf of the City to take all steps necessary to acquire the fee simple interests for the Creek View Road Extension Project, including acceptance and recording of legal documents, all subject to availability of funds appropriated for such purposes. If such offer and an agreement as to damages and compensation cannot be reached, then the City Manager is delegated the authority to direct the City Attorney, or designee, to file or cause to be filed against the William E. McKinzie, Jr. Family Limited Partnership and interested parties of the property proceedings in eminent domain in accordance with State law to acquire the fee simple interests in the property. If it is later determined that there are any errors in the descriptions contained herein or if later surveys contain more accurate revised description, the City Attorney or designee is authorized to have such errors corrected or revisions made without the necessity of obtaining the City Council approval authorizing the condemnation of the corrected or revised properties. The City Manager or designee is authorized to issue payment pursuant to an award by Special Commissioners in the condemnation matter. Section 4. That the City Manager or designee is fully authorized to negotiate and make final offers, and to execute the contracts and instruments necessary to purchase and acquire all properties necessary and to pay for said properties provided the amounts paid are within the Council approved project budgets, all without requiring additional City Council consideration or approval. Section 5. That this resolution authorizing condemnation proceedings over the parcel of property described and depicted in Exhibits A and B shall be approved by single record vote of the City Council. Section 6. That this Resolution shall take effect immediately from and after its passage and it is so resolved. Attest: City of Corpus Christi Rebecca Huerta, City Secretary Nelda Martinez, Mayor PASSED AND APPROVED, this the day 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 3 Exhibit A E15122 — Creek View Drive Extension 60' Wide Right -Of -Way STATE OF TEXAS COUNTY OF NUECES BEING a 60.0 foot wide tract of land, containing 22,230.1 square feet (0.51 acres) of land out of a 7.334 acre tract described as Parcel 4 in Special Warranty Deed recorded as Document no. 2015012107, Official Records of Nueces County, Texas; said 7.334 acre tract being out of the McKinzie 124.12 acre tract lying south of Up River Road and east of McKinzie road and also being a portion of the McKinzie 388.26 acre tract of Survey 417, Patented to F.W. Schaeffer, Abstract 571, Survey 419, Patented to F.W. Schaeffer, Abstract 570, Survey 422, Patented to A.E. Spohn, Abstract 850, Nueces County, Texas. This 22,230.1 square foot tract being more fully described by metes and bounds as follows: Commencing at a 5/8 inch iron rod found on the east boundary of McKinzie Road for the northwest comer of Lot 3, Block 7, Highway Village Section 1 Annex, a map of which is recorded in Volume 65, Page 193, Map Records of Nueces County, Texas; Thence, with the easterly extension of the north boundary of said Lot 3, Block 7, Highway Village Section 1 Annex, North 81°04'18" West 10.00 feet; Thence, with the existing east boundary of McKinzie Road, parallel with its centerline and 40.00 feet distant therefrom, North 08°53'55" East, a distance of 258.11 feet to a 5/8 inch iron rod with City of Corpus Christi cap set for the Point of Beginning of this description and for the southwest corner of this tract; Thence, with west boundary of this tract, same being the existing east boundary of McKinzie Road, parallel with its centerline and 40.00 feet distant therefrom, North 08°53'55" East, a distance of 110.00 feet to a 5/8 inch iron rod with City of Corpus Christi cap set for the northwest comer of this tract; Thence, with the north boundary of this tract, South 36°05'49" East, a distance of 35.36 feet to a 5/8 inch iron rod with City of Corpus Christi cap set for a corner of this tract; Thence, continuing with the north boundary of this tract, South 81°05'49" East, a distance of 335.11 feet to a 5/8" iron rod found for the northwest corner of existing Creek View Drive, for the southwest comer of Lot 1, Block 1, Maple Hills Subdivision Unit 5, a map of which is recorded in Volume 67, Page 160, Map Records of Nueces County, Texas and for the northeast corner of this tract; Thence, with the west boundary of said existing Creek View Drive, same being the east boundary of this tract, South 08°56' 10" West, a distance of 60.00 feet to a 5/8 inch iron rod found for the southwest comer of said Creek View Drive and for the southeast corner of this tract; Thence, with the south boundary of this tract, North 81°05'49" West, a distance of 335.07 feet to a 5/8 inch iron rod with City of Corpus Christi cap set for a corner of this tract; K1Engutrrringlsurvey\PROJECiSVN-EI5122-CREEK VIEW DR EXTENSION-20151Final DocumrnlslJN-E15I22.CREEK VIEW DR EXTENSION-2015-FN-nw-I0-19- 2015.doce Page 1 of 2 Thence, continuing with the south boundary of this tract, South 53°54' 11" West, a distance of 35.36 feet to the Point of Beginning and containing 22,230.1 square feet (0.51 acres) of land. Bearings based on GPS bearings, Texas State Plane Coordinate System, NAD 83 (2011), South Zone. STATE OF TEXAS COUNTY OF NUECES 1, Russell D. Ochs, a Registered Professional Land Surveyor, hereby certify that the foregoing field notes were prepared by me from a land survey made on the ground under my supervision. This the 19th day of October, 2015 LAJIA.X DU_ Russell D. Ochs, R.P.L.S. State of Texas License No. 5241 K IEngineering\Survey1PROJECTSUN-E15122-CREEK VIEW DR EXTENSION-20151Final DocumentsJN-E15122.CREEK VIEW DR EXTENSION -2015 -PN -rev -10-19- 2015 docx Page 2 ort Exhibit B S 817J39' E 35 60OD' sex FD. 5/e' LR. McO I e. pIV1510N -OGIC, L01 -IGT VOL- � 55, pe. 19, 7 (1 o.oq' 50.00' I 1 �Z v-ETTYSBUR STREET 5 / © a FD. 5/8" LR J Q O 116 12 W Z (1 i "POINT OF BEGINNING" LOT l A H e1 04'rr w rano' "POINT OF COMMENCEMENT b _+— 10'Y OE SOUTH TEXAS PIPEIJNE CO. EASEMENT VOL 1663, PG. 279, DRNCT I au LaJ 1 10' WIDE SOUTHWESTERN BELL EASEMENT DOC. NO. 894182. ._FUTURE RIGHT-OF-WAY S 36'05'49" E 35.36' OPRNCT s1=r 5/8' LR. rn1H 'CITY OF CORPUS CHRISTI" CAP S 81'05'49" E 335.11' FD. 5/8' LR. 6 5 1X 1- 4 N 3 2 0 l I I ery o.oq' 40.0 ' 50.00' 22,230.1 S.F. (.0.51 ACRES) N 81'05'49" W 335.07' SET 5/B' LR. FAN 'aTY CF CORPUS CHRISM" CAP S 5.3'54'11". W 35.36'SA5 O govy(,�L1� IAINE� 1 �-� 3RFLP "rittkr 1N Prceo, 2015OV-V , 1N DOGUM oglyGT 1 2 CREEK SIDE DRIVE 3 J I d- $ CREEK VIEW o DRIVE FD. 5/B' LR IIISIIWAY VILLAGE 5E6. I ANNEX 5 FD. 5/9.1.8. AGK 7, LOT 3 VOL. 45, Pe. 03, MRNGT 0 100 NAF TO Aj QIPPICLONOliS FOR A 60.00 FOOT WIDE TRACT OF LAND, CONTAINING 88,890.1 SQUARE MT (0.61 ACRES) of LAND OUT OF A 7.884 ACM TRACT DESCRIBED AS PARCEL 4 IN SPECIAL WARRANTY DEED RECORDED AS DOCUMENT NO. 2015012107. OIflCTAL RECORDS OF NUE= COUNTY. MU% SAID 7.884 ACRE TRACT BK923 OUT OF TB2 MOM= 18418 ACRS TRACT IxMMO SOUTH OF UP MIR ROAD AND EAST OF NMI I ROAD AND ALSO BEM A PORTION OF THE Mani IE 966.26 ACRE TRACT OF SURVEY 417. PATENTED TO F.W. BCAASFFER, ABSTRACT 671. SURVEY 419, PATENTED TO F.W. SCHAEFFER, ABSTRACT 570. SURVEY 422 AND PATENTED TO A.E. SPOR N, ABSTRACT 660. NORMS COUNTY, TUAS. COS FD. 5/8- I.R. BEARINGS SHOWN ARE B4SEO ON GPS BEARINGS, 7EX4S STATE PLANE COORINADITE S.S7E1i N4DEI3 (2010. mos SOUTH ZONE 200 300 Revised: 9/2/2075 Changed curves for /Jars! at Intersection • irif CITY of CORPUS CHRISTI, TEXAS Capitol Programs Survey Division 361-826-3551 Date: 9/2/2015 Checked By: ROWN I SHEET 7 OF,1 Drawn 9y.• JJS Project: E15122 -CREEK VIEW DR DCTENSION X•I h91Surv+y1 WN-£15122-CREEX WeW DR DCIEN:MON-2015\ JN -E:5722 -CREEK NEW DR E717ENSION-20r5.dwp Temporary ,struction Easement (0.367 Acres) Creek View Dr. Tuloso-Midway Primary School (Grades K-2) Tuloso Midway ISD Creek View Drive Extension Bond 2014 Project Number: E15122 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES 1=r. 1111 Corpus Christi Engineering Creek View Drive Extension Bond 2014, Prop. 2 Council Presentation August 30, 2016 Corpus Ch Location Map 07) Corpus Chr sti Engineering It-' ''*--.• CAL LE1413/4,%%_ -111.32 Nueceg Ba? PROJECT LOCATION 2 Vicinity Map s Ch kcr sti9 Corpu Engineering 2.61 Acre, •,r, porary -e Easement icres) tystetrg St. Fee Simple (0.51 Acres) Tuloso-Midvvay Primary School (Grades K-2) 3 Overview 07) Corpus Chr sti Engineering • Improves traffic flow in Maple Hills Subdivision • Relieves congestion associated with Tuloso-Midway Primary School. • Requires acquisition of one tract of land (0.51 acres) owned by Wm. E. McKinzie, Jr. Family Limited Partnership. • Negotiation for purchase of land unsuccessful. Chronology 07) Corpus Chr sti Engineering July 31, 2015 Staff contacted property owner's registered agent for right of entry for surveying August 5, 2015 Property owner referred staff to his attorney September 10, 2015 Staff sent introduction letter to property owner & attorney March 8, 2016 City received letter from 2nd attorney identifying himself as property owner's representative March 15, 2016 Certified letter sent to attorney offering $55,575.00 for property May 19, 2016 Final Offer letter sent certified to property owner and his attorney due to non -response May 23, 2016 Both parties received Final Offer letters as indicated by certified receipt dates To -date Staff has received no response regarding Final Offer Corpus Chrsti Engineering Questions? 6 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 30, 2016 Action Item for the City Council Meeting of September 13, 2016 DATE: TO: Margie C. Rose, City Manager August 5, 2016 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 Jeffrey H. Edmonds, P.E., Director, Engineering Services JeffreyE@cctexas.com (361) 826-3851 Engineering Master Service Agreement Water System Process Control & Reliability CAPTION: Motion authorizing the City Manager, or designee, to executed a Master Service Agreement with LNV, Inc. of Corpus Christi, Texas in the amount of $300,000, for the Water System Process Control and Reliability project. This project is in the approved FY 2014-2015 Capital Improvement Plan. PURPOSE: The purpose of this Agenda Item is to approve a Master Services Agreement for the Water System Process Control and Reliability project. CIP DESCRIPTION: Water System Process Control Reliability Improvements (E13031) Process automation system, also known as Supervisory Control and Data Acquisition (SCADA) system, allows a small team of operators to effectively run a large, complex Water system. It makes the operation of the Plant or of the distribution system more uniform and predictable. This project will address all aspects of system -wide process automation as outlined in the system study performed in 2012. The elements include communication with remote sites, standardization of local automatic control hardware and software, improved diagnostic data gathering and remote troubleshooting, periodic reporting, and instantly presenting meaningful process information to the right decision -makers at the right time. BACKGROUND AND FINDINGS: The Utility Department operates and manages the O.N. Stevens Water Treatment Plant (ONSWTP) and water distribution system. The existing treatment process uses limited automation and controls. This project evaluates the existing processes and equipment to develop more standardized and optimized processes to better integrate current technologies. The objective of this project is to modernize the treatment processes and SCADA controls to improve water quality and reliability. The planned improvements include the following: • Improve data collection system for water treatment processes at the ONSWTP • Integrate and optimize city-wide SCADA systems for better Operation & Maintenance including Plant, Elevated Storage Tanks, Pump Stations, etc. • Increase automated flow -paced chemical treatments to reduce chemical and operation costs • Improve dissemination and distribution of water quality and system data to City staff and officials This contract is a Master Service Agreement (MSA) to provide the required professional engineering services for the Water System Process Control and Reliability improvements. The MSA contract specifies basic scope, terms, and conditions that will govern future Task Orders. Future Task Orders will be issued with specific scope of work and associated fees. The total Task Orders will not exceed the MSA contract value. Future Task Orders will be administratively issued by the Director of Engineering Services or designee. ALTERNATIVES: 1. Authorize the execution of the contract. 2. Do not authorize the execution of the contract. (Not Recommended) OTHER CONSIDERATIONS: LNV, Inc. was selected as the Consultant Engineer for this project through the Bond 2014 Transportation, Parks, and Capital Improvements Request for Qualifications No. 2014-08. 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 Future Years TOTALS Line Item Budget $1,000,000 $1,500,000 $2,500,000 Encumbered / Expended Amount This Item $300,000 $300,000 Future Anticipated Expenditures This Project $35,000 $2,100,000 $2,135,000 BALANCE $665,000 ($600,000) $65,000 Fund(s): Water CIP #10 Comments: This contract will result in an expenditure not to exceed $300,000. RECOMMENDATION: City Staff recommends approval of a Master Service Agreement with LNV Inc. of Corpus Christi, Texas in the amount of $300,000, for the Water System Process Control and Reliability project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation Form 1295 PROJECT BUDGET O.N. STEVENS FACILITIES FEED OPTIMIZATION IMPROVEMENTS FUNDS AVAILABLE: Current Water CIP $ 1,000,000 Future Water CIP 1,500,000 TOTAL FUNDS 2,500,000 FUNDS REQUIRED: Construction: Construction Estimate (TBD) 1,500,000 Contingency (10%) 150,000 Construction Observation and Testing: Construction Observation Estimate (TBD) 250,000 Construction Materials Testing Estimate (TBD) 50,000 Design: Engineer - LNV (THIS ITEM) 300,000 Reimbursements: Total Reimbursements. 185,000 Administration/Finance (Engineering/Capital Budget/Finance) 60,000 Engineering Services (Project Mgmt) 120,000 Misc 5,000 TOTAL FUNDS REQUIRED $ 2,435,000 ESTIMATED PROJECT BUDGET BALANCE $ 65,000 OLNLSTEVENS ❑ TP NUECES BAY CORPUS CHRIS, CORPUS CHRISTI BAY WATER SYSTEM PROCESS CONTROL AND RELIABILITY (CITYWIDE) SCALE: N.T.S. AERIAL FLOWN 2014 LAGUNA MADRE GULF OF MEXICO PROJECT NUMBER: E13031 WATER SYSTEM PROCESS CONTROL AND RELIABILITY VICINITY MAP CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES tanW CITY OF CORPUS CHRISTI MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES WATER SYSTEM PROCESS CONTROL & RELIABILTY E13031 This Agreement is 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 LNV, Inc., a Texas Corporation, 801 Navigation, Suite 300, Corpus Christi, Texas 78408 (Consultant). TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER 2 ARTICLE II COMPENSATION 2 ARTICLE III QUALITY CONTROL PLAN 3 ARTICLE IV INSURANCE REQUIREMENTS 4 ARTICLE V INDEMNIFICATION 4 ARTICLE VI TERM; RENEWALS; TIMES FOR RENDERING SERVICE 4 ARTICLE VII TERMINATION OF AGREEMENT 5 ARTICLE VIII RIGHT OF REVIEW AND AUDIT 5 ARTICLE IX OWNER REMEDIES 6 ARTICLE X CONSULTANT REMEDIES 7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION 7 ARTICLE XII MISCELLANEOUS PROVISIONS 8 EXHIBITS Page 1 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E13031 WATER SYSTEM PROCESS CONTROL & RELIABILITY\CONTRACT\ MASTER SERVICES AGREEMENT - SYSTM PROCESS CONTROL & RELIABILTY.DOC ARTICLE I — PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as City and Consultant agree will be performed under the terms and conditions of this Agreement. Each task Consultant performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and Consultant. Each properly executed Task Order shall become a separate supplemental agreement to this Agreement. 1.2 The Consultant shall provide its Scope of Services, to be included in each Task Order. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services which would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.3 Under this Agreement, Consultant will provide services on a Task Order basis for a range of services related to assisting Engineering Services with professional engineering, architecture and construction services related to execution of Capital Improvements Programs. All work will be subject to authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. 1.4 Consultant must comply with City standards, as specified in the Unified Development Code (UDC) or Code of Ordinances, as applicable, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Task Order. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.5 Consultant must perform tasks and submit deliverables as detailed in each approved Task Order. 1.6 Consultant must provide all labor, equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by the subconsultant and the percentage of work performed by the subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.7 Consultant 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. 1.8 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in the City's General Conditions for Construction Contracts, an excerpt of which is attached as Exhibit G. ARTICLE II — COMPENSATION 2.1 The Compensation for all services included in this Agreement and in the Scope of Services for this Agreement shall not exceed $300,000. 2.2 The Consultant's fee for each Task Order will be on a lump sum or time and materials (T&M) basis with a negotiated not -to -exceed amount. The fees will not exceed those identified and will be full and total compensation for all services outlined in each Task Order, and for all expenses incurred in performing these services. 2.3 Consultant shall submit a proposal to the City, which shall be incorporated into this agreement as Exhibit B, subject to approval by the City. Page 2 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E13031 WATER SYSTEM PROCESS CONTROL & RELIABILITY\CONTRACT\ MASTER SERVICES AGREEMENT - SYSTM PROCESS CONTROL & RELIABILTY.DOC 2.4 Consultant shall submit a Rate Schedule, shown in Exhibit B-1, with their proposal. The rate schedule shall remain confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. 2.5 Monthly invoices will be submitted in accordance with the Payment Request (Exhibit C). For T&M basis fees, Consultant shall submit documentation with the monthly invoice that shows who worked on the Project, the number of hours that each individual worked on the Project and reimbursables for that individual. 2.5.1 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals acting in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with each payment request that clearly indicates how that individual's time is allocated and the justification for that allocation. 2.6 The anticipated fee structure under this agreement is as follows: 2.7 All services shall be performed and the applicable standard of professional care set forth herein and to City's satisfaction, which satisfaction shall be judged by the Director in his/her sole discretion. City shall not be liable for any payment under this Agreement for services which are unsatisfactory and which previously have not been approved by the Director. 2.8 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.9 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 2.10 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be directed to suspend work pending receipt and appropriation of funds. ARTICLE III — QUALITY CONTROL PLAN 3.1 The Consultant agrees to perform quality assurance -quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 3.2 The Consultant will perform QCP Reviews at intervals during the project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the project scope. Based on the findings of the QCP Review, the Consultant must reconcile the project scope and Opinion of Probable Cost (OPC) Page 3 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E13031 WATER SYSTEM PROCESS CONTROL & RELIABILITY\CONTRACT\ MASTER SERVICES AGREEMENT - SYSTM PROCESS CONTROL & RELIABILTY.DOC DESCRIPTION NOT TO EXCEED AMOUNT Maximum Contract Amount $300,000 Task 1 — TBD TBD Task 2 — TBD TBD Task 3 — TBD TBD Task 4 — TBD TBD Task 5 — TBD TBD Task 6 — TBD TBD 2.7 All services shall be performed and the applicable standard of professional care set forth herein and to City's satisfaction, which satisfaction shall be judged by the Director in his/her sole discretion. City shall not be liable for any payment under this Agreement for services which are unsatisfactory and which previously have not been approved by the Director. 2.8 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.9 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 2.10 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be directed to suspend work pending receipt and appropriation of funds. ARTICLE III — QUALITY CONTROL PLAN 3.1 The Consultant agrees to perform quality assurance -quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 3.2 The Consultant will perform QCP Reviews at intervals during the project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the project scope. Based on the findings of the QCP Review, the Consultant must reconcile the project scope and Opinion of Probable Cost (OPC) Page 3 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E13031 WATER SYSTEM PROCESS CONTROL & RELIABILITY\CONTRACT\ MASTER SERVICES AGREEMENT - SYSTM PROCESS CONTROL & RELIABILTY.DOC as needed. 3.3 Documents that do not meet City standards may be rejected. Consultant will not be compensated for having to resubmit documents. ARTICLE IV — INSURANCE REQUIREMENTS 4.1 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. 4.2 Insurance Requirements are shown in EXHIBIT D. ARTICLE V - INDEMNIFICATION 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. ARTICLE VI — TERM; RENEWALS; TIMES FOR RENDERING SERVICE 6.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 6.2 This Agreement shall be applicable to Task Order issued hereunder from the Effective Date of the Agreement until project is complete. 6,3 --This service shall be for a period of years beginning on the Effective Date. The Agreement may be renewed for up to one year renewal-eptionc upon mutual agrccmcnt of thc particc to bo cvidcnccd in writing prior to thc cxpiration datc of thc prior tcrm. Any rcncwaL shall be at the soma terms and conditions, plus any approved changes. 6.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times are so stated, Consultant will perform services and provide deliverables within a reasonable time. Page 4 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E13031 WATER SYSTEM PROCESS CONTROL & RELIABILITY\CONTRACT\ MASTER SERVICES AGREEMENT - SYSTM PROCESS CONTROL & RELIABILTY.DOC ARTICLE VII - TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 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. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless Page 5 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E13031 WATER SYSTEM PROCESS CONTROL & RELIABILITY\CONTRACT\ MASTER SERVICES AGREEMENT - SYSTM PROCESS CONTROL & RELIABILTY.DOC there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 "Consultant's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and any and all other agreements, sources of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's records only during City's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's records, Consultant's facilities and Consultant's current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX—OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 9.1.3 Losses are incurred because of defects, errors and omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been defects, errors and omissions in the documents. 9.2 The City may assert a claim against the Consultant's professional liability insurance as appropriate when other remedies are not available or offered for design deficiencies discovered during and after Project construction. 9.3 When the City incurs non -value added work costs for change orders due to design errors or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non -value added work costs incurred by the City; and (4) Deadline for Consultant's response. 9.4 The Consultant may be required to revise bid documents and re -advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 9.5 The City may withhold or nullify the whole or part of any payment as detailed in Article II. Page 6 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E13031 WATER SYSTEM PROCESS CONTROL & RELIABILITY\CONTRACT\ MASTER SERVICES AGREEMENT - SYSTM PROCESS CONTROL & RELIABILTY.DOC ARTICLE X— CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Alternative Dispute Resolution. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement and City shall continue to make payments in accordance with this Agreement. 11.2 Alternative Dispute Resolution 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation or any other alternative dispute resolution (ADR) process set forth herein, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of any other ADR process. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation ADR process contained herein. 11.2.3 Mediation Page 7 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E13031 WATER SYSTEM PROCESS CONTROL & RELIABILITY\CONTRACT\ MASTER SERVICES AGREEMENT - SYSTM PROCESS CONTROL & RELIABILTY.DOC 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for any mediation or lawsuit arising under this Agreement shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute in this Agreement. 11.4 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. The Consultant will not assign, transfer or delegate any of its obligations or duties in this Agreement 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. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse, without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. 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. 12.3 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. 12.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or Page 8 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E13031 WATER SYSTEM PROCESS CONTROL & RELIABILITY\CONTRACT\ MASTER SERVICES AGREEMENT - SYSTM PROCESS CONTROL & RELIABILTY.DOC certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 12.5 Entire Agreement. This Agreement, including Task Orders, 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. 12.6 Disclosure of Interest. (Exhibit E) Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 12.7 Certificate of Interested Parties. (Exhibit F). 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 that exceed $50,000. 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://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. 12.8 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 12.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Scope of Services or in any other document prepared by Consultant and included herein, is in conflict with the terms of this Agreement and/or an approved Task Order, this Agreement and/or the Task Order shall take precedence and control to resolve said conflict. Page 9 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E13031 WATER SYSTEM PROCESS CONTROL & RELIABILITY\CONTRACT\ MASTER SERVICES AGREEMENT - SYSTM PROCESS CONTROL & RELIABILTY.DOC CITY OF CORPUS CHRISTI J.H. Edmonds, P.E. Date Director of Engineering Services RECOMMENDED Operating Department Date APPROVED Office of Management and Budget Date APPROVED AS TO LEGAL FORM Assistant City Attorney for City Attorney ATTEST Date Rebecca Huerta Date City Secretary Project Name Water System Process Control and Reliability Project Number E13031 Accounting Unit 4093-063 Account 550950 Activity E13031014093EXP Account Category 50950 Fund Name Water 2013 RVBD This is the original contract for $300,000 LNV, 07#4 D. Ley- r'rer, P.E. Date Presiden 801 avigation, Suite 300 Corpus Christi, TX 78408 (361) 883-1984 Office Ioganb@Invinc.com Page 10 Rev. 7/16 K ENGINEERING DATAEXCHANGE\JENNIFER WATER E13031 WATER SYSTEM PROCESS CONTROL & RELIABILITY\CONTRACT\MASTER SERVICES AGREEMENT - SYSTM PROCESS CONTROL & RELIABILTY DOC EXHIBIT A SAMPLE TASK ORDER This Task Order pertains to a Master Services Agreement for Professional Services by and between City of Corpus Christi, Texas (City) and "Company Name" (Consultant) dated , 2016 (Agreement). Consultant shall perform services on the project described below as provided in this Task Order and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. TASK ORDER NO.: PROJECT NAME: 1. PROJECT DESCRIPTION 2. SCOPE OF SERVICES 3. COMPENSATION This Task Order is approved and Consultant may proceed. All other terms and conditions of the Agreement remain in full force and effect. CITY OF CORPUS CHRISTI ENGINEERING, INC J.H. Edmonds, P. E. Director of Engineering Services RECOMMENDED Date Date Operating Department Date Title Address Corpus Christi, TX 784 (361) Office Master Services Agreement Exhibit B City of Corpus Christi Scope of Professional Services Water System Process Control Reliability, E13031 This project includes specific task authorizations, based on the City's needs, to provide engineering services related to the process control and reliability of both the water treatment plant and water distribution system. Basic Services (N/A) Additional Services (ALLOWANCE OF $300,000) This section defines the scope for compensation for Additional Services that may be included as part of this contract, but the Engineer will not begin work on this section without specific written approval by the Director of Engineering Services or his appointed representative. Upon receipt of written authorization, the Additional Services provided by the Engineer may include, but are not limited to, the following: CATEGORY AVAILABLE SERVICES Water System Process Control and Reliability 1. O.N. Stevens Water Treatment Plant Analysis and Optimization 2. Water Distribution System Analysis and Optimization 3. Information System Assessment 4. SCADA Assessment 1. O.N. Stevens Water Treatment Plant Analysis and Optimization The Engineer may assist the City by performing the following tasks related to the optimization of water treatment plant operations: • Perform an evaluation of the process automation systems located throughout the O.N. Stevens Water Treatment Plant (ONWSTP) and identify potential system improvements or modifications • Review standard operating procedures (SOPS) and current operational and monitoring strategies and identify opportunities for improvements, including the implementation of improved SCADA and flow -paced automated chemical dosing and feedback systems to optimize chemical usage • Conduct plant -wide process analysis of various water treatment processes to improve communications and local automated systems for operational efficiency and consistency EXHIBIT B Page 1 of 4 At the City's request, the results and recommendations of this analysis and assessment will be documented in a Technical Memorandum. 2. Water Distribution System Analysis and Optimization The Engineer may assist the City by performing the following tasks related to the analysis and optimization of the water distribution system operations: • Perform an evaluation of the process automation systems located throughout the distribution system, including communication with remote sites, improved diagnostic data gathering, and remote troubleshooting • Review SOPs for distribution system operations, including the protocol for periodic reporting to ensuring that meaningful process information is provided to the appropriate City staff members • Identify additional strategies for improved water distribution system operations, such as improved pumping operations, real-time water quality monitoring, chemical feed control at pump stations, etc. At the City's request, the results and recommendations of this analysis and assessment will be documented in a Technical Memorandum. 3. Information System Assessment The Engineer may assist the City with an assessment of the information management systems by performing the following tasks: • Perform an evaluation of the City's overall information systems, including hardware, software, data management, systems integration, procedures and business practices for water system information management. • Conduct a performance assessment of the City's water system information management systems, including Maximo, GIS, InfoWater Hydraulic Model, and other supporting software utilized by the City staff. At the City's request, the results and recommendations of the information system assessment will be documented in a Technical Memorandum and summarized in the Information Management Plan. EXHIBIT B Page 2 of 4 4. SCADA Assessment The Engineer may assist the City by performing the following tasks related to the SCADA system: • Perform an assessment of the overall SCADA system, including its design, its related specifications, along with its procurement and suggested implementation • Conduct an assessment of the protocol for SCADA improvements, including the strategies for implementation and training, associated PLC and hardware upgrades, and additional programming needs to maintain compliance and improve overall water system management. • Assess the SCADA requirements for the water system when modifications or additions to the water system are implemented When performing the assessment of the SCADA system, the key system components to be assessed will include elevated storage tanks (ESTs), ground storage tanks (GSTs), pump stations, monitoring stations, and treatment plants. Provided by the City To be provided by City — The City Staff will: A. Provide access to various City staff for interviews and/or coordination associated with various Task Authorizations. B. Furnish copies or provide access to pertinent records and documents, etc. associated with the various Task Authorizations. Project Schedule While the exact schedule will be determined by the specific task authorizations, project completion is anticipated to occur in 18 months. Activity Date Anticipated Notice -to -Proceed September 7, 2016 Task Authorizations TBD Fees A. Fee for Additional Services. Services will be provided on a Time and Materials (T&M) basis, which will be billed through task authorizations. The negotiated fees will be authorized through multiple task order EXHIBIT B Page 3 of 4 authorizations detailing the scope of work and the task schedule. For services authorized by the Director of Engineering Services under "Additional Services", the City will pay the Engineer on a T&M basis for a total not -to -exceed contract amount of $300,000 for those services requested. B. Monthly Invoice. The monthly invoiced payment to the Engineer is based on actual working hours and associated expenses, as well as the hourly rates. The City's Project Manager is responsible for assigning tasks to the Engineer and approving daily/weekly/monthly hours. The Engineer is required to submit a detailed and approved man-hour breakdown along with monthly invoice paperwork to the Engineering Services for payment. EXHIBIT B Page 4 of 4 EXHIBIT B-1 CONFIDENTIAL RATE SCHEDULE Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPAL(S): HOURLY RATE ($/hr) TX REGISTRATION #: Project Consultant: CAD Technician: Clerical: Other — specify: SUBCONSULTANT(S): (firm) Principal(s): Project Consultant: CAD Technician: Clerical Other — specify: Add additional subconsultants as needed. Master Services Agreement 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 C SAMPLE PAYMENT REQUEST FORM COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27!00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% Contract for Professional Services Exhibit C EXHIBIT "D" 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 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 1 Rev 07/16 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 or non -renewal of 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. 2 Rev 07/16 Arw m. City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED 8Y CFI Y 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 definition. COMPANY NAME: LNV, Inc. P. O. BOX: STREET ADDRESS: 801 Navigation, Suite 300 FIRM IS: 1. Corporation 4. Association CITY: Corpus Christi 2 Partnership 5. Other B ZIP: 78408 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 AKA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3°o 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°'u or more of the ownership in the above named "firm." NameA A Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Dan S. Leyendecker, E. Title: President (Type or Print) Signature of Certifying Person: EFINITIONS Date: 4 /2,M, 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. 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: 2016-92577 Date Filed: 07/29/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. LNV, 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, Texas 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. E13031 Wtr Sys Ctrl Reliabilit Professional engineering, architectural, and/or surveying services. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Trejo, Eric Corpus Christi, TX United States X Naiser, Derek San Antonio, TX United States X Viera, Robert Corpus Christi, TX United States X Leyendecker, Dan Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, u %er penalty of perjury, hat the above disclosure is true and correct. �� y„H� �������� JESSICA RODRIGUEZ Z'4�R bs i '• Notary Public, State of Texas t ;: , .+,i My Commission Expires 4ZZE�I.: August 19, 2019 ��� Signature of authorized agent of contracting business entity l' . Yt?�-f - , this the �� --�- geM day of v l� AFFIX NOTARY Sworn to and subscribed 20 t 1p , to STAMP / SEAL ABOVE before me, by the said certify which, witness my hand and seal of office. i Signatur f officer administeroa Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 EXHIBIT G EXCERPT FROM GENERAL CONDITIONS FOR CONSTRUCTION CONTRACT Master Services Agreement Exhibit G Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1 — Definitions and Terminology 2 Article 2 — Preliminary Matters 8 Article 3 — Contract Documents: Intent, Requirements, Reuse 8 Article 4 — Commencement and Progress of the Work 9 Article 5 —Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions 9 Article 6 — Bonds and Insurance 11 Article 7 — Contractor's Responsibilities 11 Article 8 — Other Work at the Site 11 Article 9 — Owner's and OPT's Responsibilities 11 Article 10 — OAR's and Designer's Status During Construction 12 Article 11— Amending the Contract Documents; Changes in the Work 14 Article 12 — Claims 14 Article 13 — Cost of the Work; Allowances; Unit Price Work 14 Article 14 — Tests and Inspections; Correction, Removal, or Acceptance of Defective Work 14 Article 15 — Payments to Contractor; Set -Offs; Completion; Correction Period 14 Article 16 — Suspension of Work and Termination 14 Article 17 — Final Resolution of Disputes 14 Article 18 — Miscellaneous 14 Excerpt from Form 00 72 00 General Conditions - 1 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. A term with initial capital letters, including the term's singular and plural forms, has the meaning indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution - The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date —The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid - The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder - An individual or entity that submits a Bid to Owner. 9. Bidding Requirements - The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security - The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. Excerpt from Form 00 72 00 General Conditions - 2 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer - The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act, 42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract - The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. Excerpt from Form 00 72 00 General Conditions - 3 21. Contract Times - The number of days or the dates by which Contractor must: a. Achieve specified Milestones; b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor - The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 13. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or c. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 15.03 or 15.04. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers or Registered Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract - The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order - A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. Excerpt from Form 00 72 00 General Conditions - 4 31. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. 32. Laws and Regulations; Laws or Regulations - Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone - A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; c. Field Order; or d. Work Change Directive. 36. Notice of Award - The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner - The City of Corpus Christi (City), a Texas home -rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. Excerpt from Form 00 72 00 General Conditions - 5 43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. 45. Resident Project Representative or RPR - The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents - A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder -The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications - The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor - An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data - Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; Excerpt from Form 00 72 00 General Conditions - 6 b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or c. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work - Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive - A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense," or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms "day" or "calendar day" mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. Excerpt from Form 00 72 00 General Conditions - 7 E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 — PRELIMINARY MATTERS ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional Excerpt from Form 00 72 00 General Conditions - 8 details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards B. Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents A. Submit questions concerning the non-technical or contractual / administrative requirements of the Contract Documents to the OAR immediately after those questions arise. OAR is to provide an interpretation of the Contract Documents regarding these questions and will coordinate the response of the OPT to Contractor. B. Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5 —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions A. Notify OAR immediately, but in no event later than 3 days, after becoming aware of a subsurface or physical condition that is uncovered or revealed at the Site, and before Excerpt from Form 00 72 00 General Conditions - 9 further disturbing the subsurface or physical conditions or performing any related Work that: 1. Establishes that the Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. Requires a change in the Drawings or Specifications; 3. Differs materially from that shown or indicated in the Contract Documents; or 4. Is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. Do not further disturb or perform Work related to this subsurface or physical condition, except in an emergency as required by Paragraph 7.12, until permission to do so is issued by OAR. B. OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. 5.05 Underground Facilities A. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to OPT by the owners of these Underground Facilities or by others. OPT is not responsible for the accuracy or completeness of information or data provided by others that OPT makes available to Contractor. The Contractor is responsible for: 1. Reviewing and checking available information and data regarding existing Underground Facilities at the Site; 2. Complying with Laws and Regulations related to locating Underground Facilities before beginning Work; 3. Locating Underground Facilities shown or indicated in the Contract Documents; 4. Coordinating the Work with the owners, including Owner, of Underground Facilities during construction; and Excerpt from Form 00 72 00 General Conditions - 10 5. The safety and protection of existing Underground Facilities at or adjacent to the Site and repairing damage resulting from the Work. B. Notify the OAR and the owner of the Underground Facility immediately if an Underground Facility is uncovered or revealed at the Site that was not shown in the Contract Documents, or was not shown with reasonable accuracy in the Contract Documents. Do not further disturb conditions or perform Work affected by this discovery, except in the event of an emergency as required by Paragraph 7.12. C. The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6 — BONDS AND INSURANCE ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES ARTICLE 8 — OTHER WORK AT THE SITE ARTICLE 9 — OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due A. Owner is to make payments to Contractor when due as described in Paragraphs 15.01.D and 15.06.D. Excerpt from Form 00 72 00 General Conditions - 11 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. 9.06 Insurance A. Owner's responsibilities with respect to purchasing and maintaining insurance are described in Article 6. 9.07 Modifications A. Owner's responsibilities with respect to Modifications are described in Article 11. 9.08 Inspections, Tests, and Approvals A. OPT's responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 14.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10 — OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of Excerpt from Form 00 72 00 General Conditions - 12 the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 14. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 14. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Articles 11. D. OAR's authority related to Applications for Payment is described in Articles 13 and 15. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 14.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. Excerpt from Form 00 72 00 General Conditions - 13 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. ARTICLE 11— AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12 — CLAIMS ARTICLE 13 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ARTICLE 14 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 15 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 16 — SUSPENSION OF WORK AND TERMINATION ARTICLE 17 — FINAL RESOLUTION OF DISPUTES ARTICLE 18 — MISCELLANEOUS END OF SECTION Excerpt from Form 00 72 00 General Conditions - 14 Corpus Chr st1 Engineering Water System Process Control and Reliability Council Presentation August 30, 2016 Project Location Corpus Chr'sti Engineering N. STEVENS WTP WATER SYSTEM PROCESS CONTROL AND RELIABILITY (CITYWIDE) SCALE: N.TS. `m I (r i t � 2 Project Scope Corpus Chr sti Engineering This project provides engineering and technical support to standardize, integrate and optimize the existing water process control and SCADA systems to improve the City's water reliability. Planned improvements include: • Improve data collection system for water treatment processes at the ONSWTP • Integrate and optimize city-wide SCADA systems for better Operation & Maintenance including Plant, Elevated Storage Tanks, Pump Stations, etc. • Increase automated flow -paced chemical treatments to reduce chemical and operation costs • Improve dissemination and distribution of water quality and system data to City staff and officials Project Scope Corpus Chr sti Engineering 2016 2017 2018 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Services Project Estimate: 545 Calendar Days = 18 Months Projected Schedule reflects City Council award in August 2016 with anticipated completion in March 2018. 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: 2016-92577 Date Filed: 07/29/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. LNV, 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, Texas 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. E13031 Wtr Sys Ctrl Reliabilit Professional engineering, architectural, and/or surveying services. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Trejo, Eric Corpus Christi, TX United States X Naiser, Derek San Antonio, TX United States X Viera, Robert Corpus Christi, TX United States X Leyendecker, Dan Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, u %er penalty of perjury, hat the above disclosure is true and correct. �� y„H� �������� JESSICA RODRIGUEZ Z'4�R bs i '• Notary Public, State of Texas t ;: , .+,i My Commission Expires 4ZZE�I.: August 19, 2019 ��� Signature of authorized agent of contracting business entity l' . Yt?�-f - , this the �� --�- geM day of v l� AFFIX NOTARY Sworn to and subscribed 20 t 1p , to STAMP / SEAL ABOVE before me, by the said certify which, witness my hand and seal of office. i Signatur f officer administeroa Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 30, 2016 Action Item for the City Council Meeting of September 13, 2016 DATE: August 4, 2016 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, P.E. Interim Director of Water Utilities dang@cctexas.com 361-826-1718 Annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Survey (USGS). CAPTION: Motion authorizing the City Manager or his designee to renew an annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Survey (USGS), U.S. Department of the Interior, for automated river gauging stations to gather and maintain accurate records of all inflows and releases in the City's water reservoir, with the City's cost to be $157,060. PURPOSE: To continue the use of automated river gauging stations to gather and maintain accurate records of all inflows and releases in the City's water reservoir system. BACKGROUND AND FINDINGS: Texas Water Rights Permit No. 3358 requires specified releases from the reservoir be made to the bays and estuaries. The City utilizes the United States Geological Survey (USGS) to establish automated river gauging stations to gather and maintain accurate records of all inflows and releases in the water reservoir system. The contract period is October 1, 2016 through September 30, 2017. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This agreement conforms to City Charter requirements EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Water 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 $157,060 Encumbered / Expended Amount This item $157,060 BALANCE $0 Fund(s): Water Comments: Total cost will be split between the organizations Wesley Seale Dam and Choke Canyon Dam respectively. RECOMMENDATION: Approval of the continued annual joint funding agreement with the USGS. LIST OF SUPPORTING DOCUMENTS: Joint -funding agreement United States Department of the Interior Ronald Olson City Manager City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Dear Mr. Olson, U.S. GEOLOGICAL SURVEY Texas Water Science Center 1505 Ferguson Lane Austin, TX 78754 July 14, 2016 Enclosed are two signed originals of our standard joint -funding agreement for the project(s) Texas Water Science Center Water Resources Investigations, during the period October I, 2016 through September 30, 2017 in the amount of $157,060 cash from your agency. U.S. Geological Survey contributions for this agreement are 528,950 for a combined total of $186,010. Please sign and retum one fully -executed original to Beau Griffin at the address above. Federal law requires that we have a signed agreement before we start or continue work. Please retum the signed agreement by September 1, 2016. If, for any reason, the agreement cannot be signed and returned by the date shown above, please contact Douglas Schnoebelen by phone number (210) 691-9262 or email dschnoebelen@usgs.gov to make alternative arrangements. This is a fixed cost agreement to be billed quarterly via Down Payment Request (automated Form DI -1040). Please allow 30 -days from the end of the billing period for issuance of the bill. If you experience any problems with your invoice(s), please contact Kandis Becher at phone number (817) 263-9545 Ext 225 or email at kkbecher@usgs.gov. The results of all work performed under this agreement will be available for publication by the U.S. Geological Survey. We look forward to continuing this and future cooperative efforts in these mutually beneficial water resources studies. Sincerely, (? Timothy H. Raines Acting Director Enc.: 17CMTX029000000(2 ) Form 9-1366 (April 2015) U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water Resource investigations Agreement#: 17CMTX029000000 Customer#: 6000000486 Project #: SJ009ME TIN #: 74-6000574 USGS DUNS #: 128821266 Fixed Cost Agreement YESI X 1 NOI 1 THIS AGREEMENT is entered into as of the October 1, 2016, by the U.S. GEOLOGICAL SURVEY, Texas Water Science Center, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Corpus Christi party of the second part 1. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation Water Resource investigations (per attachment), herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50, and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) include In -Kind -Services in the amount of 80.00 (a) 828,950 by the party of the first part during the period October 1, 2016 to September 30, 2017 (b) 8157,060 by the party of the second part during the period October 1, 2016 to September 30, 2017 (c) Contributions are provided by the party of the first part through other USGS regional or national programs, in the amount of : Description of the USGS regional/national program: (d) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties (e) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5 The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party 7. The original records resulting from this program will be deposited in the office of ongin of those records. Upon request, copes of the original records will be provided to the office of the other party. 8. The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The maps. records or reports normally will be published by the party of the first part However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request; be furnished by the party of the first part; at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records or reports published by either party shall contain a statement of the cooperative relations between the parties. 9. USGS will issue billings utilizing Department of the Interior Bill for Collection (form DI -1040). Billing documents are to be rendered quarterly. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File B-212222, August 23, 1983.). Form 9-1366 (April 2015) U.5. Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water Resource Investigations USGS Technical Point of Contact Name: Douglas Schnoebelen Supervisory Hydrologist (STPO Chief) Address: 5563 DeZavala Road Suite 290 San Antonio, TX 78249 Telephone. (210) 691-9262 Fax. (210) 691-9270 Email. dschnoebelen@usgs.gov USGS Billing Point of Contact Name: Kandis Becher Budget Analyst Address: 2775 Altamesa Blvd. Fort Worth, TX 76133 Telephone. (817) 263-9545 Ext 225 Fax: (817) 361-0459 Email kkbecher@usgs.gov U.S. Geological Survey United States Department of Interior Signature Na iso iris / Ti e: Acting DI ctor Name. Address. Telephone Fax: Email Name Address Telephone Fax Email. Agreement#: 17CMTX029000000 Customer#: 6000000486 Project #: SJ009ME TIN #: 74-6000574 USGS DUNS #: 128821266 Customer Technical Point of Contact Ronald Olson City Manager 1201 Leopard Street Corpus Christi, TX 78401 (361) 826-3220 RonO@cctexas com Customer Billing Point of Contact M P. Sudhakaran Water Resources Mgmt Advisor 2726 Holly Road Corpus Christi, TX 78415 (361) 826-3667 (361) 826-4420 mp@cctexas.com City of Corpus Christi Signatures , 2016 By Date: Name: Title: By Date: Name: Title: By Date: Name: Title: STATION NUMBER 001: SURFACE WATER City of Corpus Christi 17CMTX029000000 DESCRIPTION USGS COOP TOTAL FUNDS FUNDS FUNDS 08194000 Nueces River at Cotulla, TX Full Range Streamflow Station 08194500 Nueces River near Tilden, TX Full Range Streamflow Station 08205500 Frio River near Derby, TX Full Range Streamflow Station 08206600 Frio River at Tilden, TX Full Range Streamflow Station 08206900 Choke Canyon Reservoir nr Three Rivers, TX Reservoir Contents 08206910 Choke Canyon Res. outflow nr Three Rivers, TX Q below Base and Continous Stages 84,580.00 $10 870.00 $15,450 54,5B0.00 510.870 00 515.450 54,580.00 510,870 00 $15,450 54,580.00 S10,870.00 $15.450 52.465 00 $5 215 00 57.680 $2,850.00 $7 350.00 510,200 08210000 Nueces River near Three Rivers, TX Full Range Streamflow Station 83.00 80.00 $0 Funded by the National Stream Flow Information Program (NSIP) 08210500 Lake Corpus Christi near Mathis, TX Reservoir Contents 52,465.00 $5,215.00 57,680 08211000 Nueces River near Mathis, TX Full Range Streamflow Station SO 00 80.07 $0 Funded by the National Stream Flow Information Program (NSIP) 08211200 Nueces River above Bluntzer, TX Q below Base and Continous Stages 52,850 00 $7,35a.co 510.200 08211500 Nueces River at Calallen, TX Full Range Streamflow Station $0 00 $0.00 50 Funded by the National Stream Flow Information Program (NSIP) 08211503 Rincon Bayou Channel near Calallen, TX 0 below Base with AVM and Continuous Stage 50.00 $13,050.00 513.050 SURFACE WATER TOTAL? 528.950 581,660 5110,610 003:WATER QUALITY 08211200 Nueces Rv at Bluntzer, Tx Temp., Cond.. pH, Diss. Oxy., Turbidity Monitor (5-Parm) 08211503 Rincon Bayou Channel near Calalien, TX Temp. and Cond. Monitor (2 -Paan) 821150305 Rincon Bayou Channel near Odem, TX Temp. and Cond. Monitor (2-Parm) WATER -QUALITY TOTAL: 50 S43,000 543,000 50 543,000 543,000 50 516,200 516,200 SO 516,200 $16,200 SO 516,200 516200 50 516,200 516,200 50 575,400 575,400 PROJECT SURFACE WATER: 00170 USGS COOP TOTAL FUNDS FUNDS FUNDS 528,950 $81,660 5110,610 WATER QUALITY: 00370 $0 $75,400 575,400 TOTAL 528,950 5157,060 5186,010 USGS Contributions USGS Cooperative Water Program Funding National Stream Information Program Contribution (3 gages) 528,950 $46,350 Total USGS Contribution $75,300 Form 9-1366 (April 2015) U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water Resource Investigations Agreement#:17CMTX029000000 Customer#: 6000000486 Project #: SJ009ME TIN #: 74-6000574 USGS DUNS #: 128821266 Fixed Cost Agreement YESI X } NOI 1 THIS AGREEMENT is entered into as of the October 1, 2016 by the U.S. GEOLOGICAL SURVEY, Texas Water Science Center, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Corpus Christi party of the second part. 1. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation Water Resource Investigations (per attachment), herein called the program. The USGS legal authority is 43 USC 36C. 43 USC 50. and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) include In-Kind-Sery ces in the amount of $0.00 (a) $28,950 by the party of the first part during the per od October 1, 2016 to September 30. 2017 (b) $157,060 by the party of the second part during the period October 1, 2016 to September 30. 2017 (c) Contributions are provided by the party of the first part through other USGS regional or national programs, in the amount of : Description of the USGS regional/national program: (d) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties (e) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8. The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request; be fumished by the party of the first part; at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps records or reports published by either party shall contain a statement of the cooperative relations between the parties 9. USGS will issue billings utilizing Department of the Interior Bill for Collection (form DI -1040). Billing documents are to be rendered quarterly. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File B-212222, August 23, 1983.). Form 9-1366 (April 2015) Name. Address: Telephone: Fax: Email: U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water Resource Investigations USGS Technical Point of Contact Douglas Schnoebelen Supervisory Hydrologist (STPO Chief) 5563 DeZavala Road Suite 290 San Antonio, TX 78249 (210) 691-9262 (210)691-9270 dschnoebelen@usgs.gov USGS Billing Point of Contact Name: Kandis Becher Budget Analyst Address 2775 Altamesa Blvd. Fort Worth. TX 76133 Telephone. (817) 263-9545 Ext 225 Fax: (817) 361-0459 Email kkbecher@usgs goy B Na T U.S. Geological Survey United States Department of Interior Signature mothy - a e e: Acting DI ctor Name Address Telephone Fax: Email. Name. Address Telephone. Fax: Email Agreement#: 17CMTX029000000 Customer#: 6000000486 Project #: SJ009ME TIN #: 74-6000574 USGS DUNS #: 128821266 Customer Technical Point of Contact Ronald Olson City Manager 1201 Leopard Street Corpus Christi, TX 78401 (361) 826-3220 RonO@cctexas.com Customer Billing Point of Contact M. P. Sudhakaran Water Resources Mgmt Advisor 2726 Holly Road Corpus Christi, TX 78415 (361) 826-3667 (361) 826-4420 mp@cctexas.com City of Corpus Christ) Signatures 016 By Date: Name: Title: By Date: Name: Title: By Date: Name: Title: STATION NUMBER 001: SURFACE WATER City of Corpus Christi 17CMTX029000000 DESCRIPTION USGS COOP TOTAL. FUNDS FUNDS FUNDS 08194000 Nueces River at Cotulla, TX Full Range Streamflow Station 08194500 Nueces River near Tilden, TX Full Range Streamflow Station 08205500 Frio River near Derby, TX Full Range Streamflow Station 08206600 Frio River at Tilden, TX Full Range Streamflow Station 08206900 Choke Canyon Reservoir nr Three Rivers, TX Reservoir Contents 08206910 Choke Canyon Res. outflow nr Three Rivers, TX 0 below Base and Continous Stages 54,580.00 510,870.00 515,450 54.580.00 510,870.00 515.450 54,580.00 510,870 00 $15,450 $4,584.00 510 870 00 515,450 52,465.00 55,215.00 57,680 52,850.57 57,350.00 510,200 08210000 Nueces River near Three Rivers. TX Full Range Streamflow Station $O.CC 50.00 $0 Funded by the National Stream Flow information Program (NSIP) 08210500 Lake Corpus Christi near Mathis, TX Reservoir Contents $2,465.00 $5,215.00 $7,680 08211000 Nueces River near Mathis, TX Full Range Streamflow Station so 04 $D DO 50 Funded by the National Stream Flow Information Program INSIP) 08211200 Nueces River above Bluntzer, TX 0 below Base and Continous Stages 52,850.00 57,350.00 510,200 08211500 Nueces River at Calatlen, TX Full Range Streamflow Station $0 00 50,00 50 Funded by the National Stream Flow Information Program (NSIP) 08211503 Rincon Bayou Channel near Calallen, TX Q below Base with AVM and Continuous Stage 50.00 513,050.33 513,050 SURFACE WATER TOTAL: 528,950 581.667 5110,610 003:WATER QUALITY 08211200 Nueces Rv at Bluntzer, Tx Temp., Cond . pH. Diss. Oxy., Turbidity Monitor (5 -Pam,) 08211503 Rincon Bayou Channel near Calallen, TX Temp. and Cond Monitor (2-Parm) 821150305 Rincon Bayou Channel near Odem. TX Temp. and Cond. Monitor (2-Parm) WATER -QUALITY TOTAL: 50 543,000 $43,000 50 543,000 543,000 50 516,200 516,200 50 516,200 516,200 50 516,200 516,200 50 516,200 516,200 50 575,400 575,400 PROJECT SURFACE WATER: 00170 USGS COOP TOTAL FUNDS FUNDS FUNDS 528,950 581,560 5110,610 WATER QUALITY: 00370 50 $75,400 575,400 TOTAL 528,950 $157,060 5186,010 USGS Contributions USGS Cooperative Water Program Funding National Stream Information Program Contribution (3 gages) $28.950 $46,350 Total USGS Contribution 575,300 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 30, 2016 Action Item for the City Council Meeting of September 13, 2016 DATE: August 10, 2016 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck Assistant City Manager MarkVV©cctexas.com (361) 826-3897 FROM: Dan Grimsbo, P.E. Interim Director of Water Utilities DanG©cctexas.com (361) 826-1718 Construction and donation of new Water Line by Port of Corpus Christi Authority in Joe Fulton International Trade Corridor CAPTION: Resolution authorizing the City Manager, or designee, to enter into an agreement with the Port of Corpus Christi Authority (POCCA) for the POCAA to design, construct and donate at no cost to the City a new 16 -inch water main of approximately 14,250 linear feet to be used by the City to extend potable water service in an expanded area of the Joe Fulton International Trade Corridor. PURPOSE: This agreement will provide for the POCCA to design, construct and donate new water main of approximately 14,250 linear feet to be used by the City to provide potable water service in an area adjacent to the new water main between Nueces Bay and the Viola and Tule Lake Channels. BACKGROUND AND FINDINGS: The City currently owns and operates a 16 -inch water main that transitions to a 24 -inch water main and provides potable water service to an area along the Joe Fulton International Trade Corridor, which service terminates in the general vicinity of the Authority's Bulk Terminal entrance on the Joe Fulton International Trade Corridor on the north side of the Corpus Christi Ship Channel POCCA owns and is developing property along the Joe Fulton International Trade Corridor west of the Existing Water Main and has requested that the City provide potable water service along the Joe Fulton International Trade Corridor extending from at or near the current point of termination to a point a sufficient distance to the west to provide service for the properties referenced above in addition to other current or future enterprises or entities along the proposed water service extension. Upon completion and acceptance of the new water main, this facility will be donated to the City free of cost or charge to the City by the Authority. Further, the POCCA will grant to the City an easement on Authority lands for the new water main. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Water Utilities Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Agreement RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ENTER INTO AN AGREEMENT WITH THE PORT OF CORPUS CHRISTI AUTHORITY (POCCA) FOR THE POCAA TO DESIGN, CONSTRUCT AND DONATE AT NO COST TO THE CITY A NEW 16 -INCH WATER MAIN OF APPROXIMATELY 14,250 LINEAR FEET TO BE USED BY THE CITY TO EXTEND POTABLE WATER SERVICE IN AN EXPANDED AREA OF THE JOE FULTON INTERNATIONAL TRADE CORRIDOR. Now, therefore, be it resolved by the City of Corpus Christi, Texas: Section 1. That the City Manager or designee is authorized to execute an agreement with Port of Corpus Christi Authority (POCCA) for the POCCA to design, construct, and donate at no cost to the City a new 16 -inch water main of approximately 14,250 linear feet to be used by the City to extend potable water service in an expanded area of the Joe Fulton International Trade Corridor. A copy of the agreement is on file in the office of the City Secretary. Attest: City of Corpus Christi Rebecca Huerta, City Secretary Nelda Martinez, Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn AGREEMENT BETWEEN THE PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS AND THE CITY OF CORPUS CHRISTI REGARDING CONSTRUCTION AND DONATION OF A NEW WATER SERVICE MAIN TO BE USED FOR PROVISION OF POTABLE WATER THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL MEN BY THESE PRESENTS THAT: This Agreement regarding Construction and Donation of a New Water Service Main (the "Agreement") is made and entered into and effective as of the of , 2016 (the "Effective Date) by and between the Port of Corpus Christi Authority of Nueces County, Texas, a navigation district operating under Article XVI, Section 59 of the Texas Constitution ("Authority"), whose mailing address is 222 Power Street, Corpus Christi, Texas 78403, and the City of Corpus Christi, Texas, a municipal corporation and home rule city of the State of Texas ("City"), whose mailing address is P.O. Box 9277, Corpus Christi, Texas 78469. Authority and City are sometimes referred to in this Agreement as "Parties" and individually as a "Party". WHEREAS, the City currently owns and operates a 16 -inch water main that transitions to a 24 -inch water main ("Existing Water Main") and provides potable water service to an area along the Joe Fulton International Trade Corridor, which service terminates in the general vicinity of the Authority's Bulk Terminal entrance on the Joe Fulton International Trade Corridor on the north side of the Corpus Christi Ship Channel, and WHEREAS, the Authority owns and is developing property located in Nueces County along the Joe Fulton International Trade Corridor west of the Existing Water Main; and, WHEREAS, M&G Resigns USA, LLC, a Delaware limited liability company ("M&G"), whose mailing address is 27610 Huntington Road, Apple Grove, West Virginia, 25502, is developing property along the Joe Fulton International Trade Corridor west of the Existing Water Main; and, WHEREAS, CCI Corpus Christi LLC, a Texas limited liability company ("CCP'), whose mailing address is 811 Main Street, Suite 3500, Houston Texas 77002, intends to develop property along the Joe Fulton Corridor west of the Existing Water Main; and, WHEREAS, the City owned and operated water system terminates east of the properties being developed as referenced above; and, WHEREAS, the Authority, M&G, and CCI will benefit from potable water service; and, IVL-?99049 City 0! Corpus Christi 1 WHEREAS, the Authority has requested that the City provide water service along the Joe Fulton International Trade Corridor extending from at or near the current point of termination to a point a sufficient distance to the west to provide service for the properties referenced above in addition to other current or future enterprises or entities along the proposed water service extension; and, Agreements: NOW THEREFORE, for and in consideration of the mutual promises and covenants set forth herein, this Agreement is entered into by and between the City and Authority and based on the consideration, undertakings and agreements, the receipt and sufficiency of which is hereby acknowledged, the parties agree, covenant and contract as follows: 1. Authority agrees to design and construct a new water main pipeline ("New Water Main") from at or near the terminus of the Existing Water Main generally to a point on Authority's property, ("End Point"), which is in the vicinity of M&G's property and the Authority's Oil Dock 14 site on the north side of the Viola Channel, a length of approximately 14,256 linear feet. The beginning point, End Point, and proposed alignment of the New Water Main are shown on Exhibit A attached hereto and incorporated herein by reference. Authority further agrees to provide design, construction, and any required permitting and land acquisition for the New Water Main at no cost to the City. 2. The New Water Main will provide potable water service in an area adjacent to the New Water Main between Nueces Bay and the Viola and Tule Lake Channels ("Service Area"). The Service Area is depicted on the attached Exhibit B and the initial anticipated developments, including M&G, CCI, the Authority's Oil Dock 14, and other Authority customers are depicted on Exhibit B. which is incorporated herein by reference. 3. The Authority will construct the New Water Main to meet the minimum standards of the Authority and the City current and effective at the time of construction. The New Water Main will be constructed of 12 -inch and 16 -inch nominal diameter PVC pipe conforming to the American Water Works Association (AWWA) C900 and AWWA C905 specifications and will be buried at least 36 -inches below ground, except where the pipeline crosses existing drainage features, in which case the New Water Main may be constructed above ground. 4. The City will be provided access to the New Water Main during construction to conduct inspection, as deemed appropriate by the City to confirm that the construction is in accordance with applicable City Codes and requirements. 5. The New Water Main will be designed and constructed with such pipeline accessories (tees, flanges, valves, etc.) such that service lines for currently identified customers may be connected to the New Water Main, and so that New Water Main can be extended beyond the End Point at some time in the future. rvL-299049 City of Corpus Christi 2 6. Upon completion and acceptance of the New Water Main, this facility will be donated to the City free of cost or charge to the City by the Authority. Further, the Authority will grant to the City an easement on Authority lands for the New Water Main as defined, and under the terms and conditions stated herein. 7. The City agrees to utilize the New Water Main to fitmish potable water to the Authority, M&G, CCI and other future Authority tenants or customers within the New Water Main Service Area in accordance with the City's standard practices, terms and conditions for such service. 8. The City agrees to maintain all water service facilities it owns, including the improvements constructed pursuant to this Agreement, or which come under its dominion under this Agreement, with reasonable and normal care to the extent that such maintenance is necessary or desirable to provide potable water service under the terms and conditions defined herein. The term "maintain" is intended to include required replacement subject to availability of funding budgeted for such purpose. 9. City shall furnish the Authority upon completion of any modification to New Water Main, an As -Built drawing of the location of the improvements and any modification in compliance with the Texas Public Information Act 10. The City may establish, impose and collect charges for the water service it provides within the New Water Main Service Area under this Agreement. City may separately meter water provided to third parties whose facilities are situated within the New Water Main Service Area. Any services from the New Water Main shall be subject to water connection charges in accordance with established City charges for such service and connection. 11 The City agrees to use its best efforts to monitor, operate and maintain the New Water Main to achieve 1.5 milligram per liter total chlorine residual at the End Point under normal operating conditions. The Authority agrees to install an automated flushing system near the End Point as part of construction of the New Water Main. The City will maintain the New Water Main in accordance with the City's "Dead End Main Flushing Program" as described in attached and incorporated Exhibit C, hereinafter referred to as "the Flushing Program". However, if City determines through normal operation and maintenance of the New Water Main that the volume of water flushing required to meet the Flushing Program is excessive, the City and Authority agree to develop a mutually agreeable New Water Main flushing protocol where in such case the Authority shall contribute and compensate the City for the required flushing of the New Water Main regardless of the amount of water flushed, but at a cost not to exceed $1,500 in any one month for the flushing occurring within such month. 12. The Parties hereto acknowledge and agree that the water supply for the City is dependent upon natural resources from which the supply is variable in quantity and beyond the control of the City. No liability shall attach to the City under this Agreement by virtue of 1FL-?99049 City of Corpus Christi 3 any failure to accurately anticipate the availability of the water supply or because of an actual failure of the water supply. 13. The Parties hereto acknowledge and agree that the City may, in order to comply with water conservation and preservation, and to enable providing an adequate supply of potable water in times of shortage, limit the delivery and restrict the use of potable water under this Agreement. The extent to which limitation of water delivery may be necessary to enable the City to provide potable water adequately for residential customers is a fact to be determined by the City in its sole discretion as occasion may require and shall be done in accordance with the City of Corpus Christi Drought Contingency Plan. 14. The New Water Main and associated water service may be extended ("Extension of New Water Main") in the future upon mutual written agreement of the City and the Authority. 15. This Agreement shall remain in force until terminated by mutual agreement, or as otherwise stated herein. This Agreement will automatically terminate concurrent with the termination of the right -of way and easement, as granted herein, and in accordance with the terms of said right-of-way and easement. 16. The City's obligations under this Agreement and continuation of this Agreement beyond the current City fiscal year are subject to availability of funding through the City's annual budget process. In the event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas Government Code. Easement: NOW THEREFORE the Authority hereunto duly authorized for and in valuable consideration, including the installation of the facilities herein described and the covenants and conditions herein made and provided to be kept and performed by City, has GRANTED AND CONVEYED and by these presents does GRANT AND CONVEY to the City, a right-of- way and easement on and through the Authority's land located in Nueces County, Texas, for the operation, maintenance, repair, replacement and removal of the New Water Main. This right-of-way and easement is granted subject to the following: 1. The easement hereby granted is described on Exhibit D and depicted on Exhibit E, each of which is attached hereto and shall be provided to the City by the Authority upon completion of construction of the New Water Main and then incorporated herein by reference for all purposes ("Pipeline Easement"). 2. After initial construction is complete the width of the Pipeline Easement shall be limited to the width of the New Water Main as installed. 3. During any subsequent maintenance, repair, replacement or removal of the New Water Main, City shall be entitled to utilize additional temporary work space (if available) IVL•299049 Ciro of Corpus Christi 4 alongside the Pipeline Easement as reasonably necessary to efficiently carry out such activities. TO HAVE AND TO HOLD unto City, its successors and assigns, the rights and privileges hereby conveyed for so long as the easement granted is used for the New Water Main, and upon the following covenants and conditions which are a part of the consideration for this grant, which covenants and conditions are and shall be construed as covenants running with the land, and which covenants and conditions by its acceptance hereof City covenants and agrees to keep and perform. A. The rights of ingress and egress hereinabove referred to in City shall be confined to the above-described easement and City shall not have the right to cross Authority's adjacent land, store materials or equipment thereon or to conduct any of its operations thereon, unless the prior consent of the Authority is obtained in writing, which consent will not be unreasonably withheld. Except in the case of an emergency, City agrees to notify the Authority not less than seventy-two (72) hours prior to its employees, agents or contractors entering upon the easement for construction, maintenance, repairs, replacement, removal or other operations. B. City's use of the easement herein granted and its operations in relation to it shall at all times comply with all applicable laws, statutes, rules and regulations of federal, state and local government. C. City shall be responsible for coordination of its construction and use in the easement with any other existing users and easement holders in or near the City's easement. City shall promptly restore any portion of the right-of-way damaged by City. All restoration work shall be appropriately tested at City's expense. D. The easement herein granted shall be subject to any and all easements heretofore granted by Authority to other parties whether of record in Nueces County or not. The Authority reserves the right to grant easements upon, over, under and across the property embraced by the easement herein granted and to use or grant rights of use, leases and easements above, below and on the surface of such property. E. The rights herein granted may not be assigned without the prior written consent of the Authority, which consent will not be unreasonably withheld. This easement shall be deemed a covenant running with the land and shall inure to the benefit of and be binding upon the parties hereto, their successors and assigns. F. This easement and all rights to use and occupy the easement shall terminate if City shall at any time abandon or cease the use of the same for the purposes herein granted for a continuous period of two (2) years; and such termination will occur upon the expiration of the said two (2) year period. This easement and all of City's interest hereunder, at the option of Authority, shall forthwith terminate upon breach by City of any of the conditions hereof and the failure of City to remedy the same within ninety (90) days after written notice from the Authority so to do. City agrees it will within ninety (90) days after the WL -?99049 City of Corpus Christi 5 termination of this easement remove the New Water Main existing in the easement and restore Authority's lands to the condition in which same existed prior to the existence of the pipeline. In the event City fails to remove the New Water Main, the Authority may either declare the termination of City's interest in the New Water Main and all of City's interest therein shall thereupon terminate, or the Authority may cause the New Water Main or any part thereof, to be removed and disposed of, and the lands of the Authority restored, all at the cost of City. G. The execution of this easement shall be conclusive of the Agreement of City to all of the terms and conditions hereof, whereupon this easement and all of its provisions shall extend to and be binding upon the legal representatives, successors and assigns of City and Authority, respectively. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by duly authorized offices as of the dates provided below each signature, to be effective, however, for all purposed, as of the Effective Date. R'L-?99049 City of Corpus Christi (Signatures are on the next page) G WITNESS this day of 2016. 8',.299049 City of Corpus Christi PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS By: John P. LaRue Executive Director "Authority" CITY OF CORPUS CHRISTI By: Name: Title: "City" (Acknowledgements are on the next page) 7 STATE OF TEXAS § COUNTY OF NUECES This instrument was acknowledged before me on the day of 2016, by JOHN P. LaRUE, Executive Director of Port of Corpus Christi Authority of Nueces County, Texas, on behalf of the Port. STATE OF TEXAS COUNTY OF NUECES NOTARY PUBLIC, STATE OF TEXAS My commission expires: This instrument was acknowledged before me on the day of , 2016, by of the City of Corpus Christi, a Texas Home Rule municipal corporation, on behalf of said City. NOTARY PUBLIC, STATE OF TEXAS My commission expires: 111 ,299049 City of Corpus Christi EXHIBIT A Proposed Alignment of New Water Main Proposed New Water Main Beginning Point iJ Public Oil Dock 14 (under construction) 1 d it Legend: Proposed Alignment of New Water Main Existing Water Line EXHIBIT B Service Area of New Water Main to NOW wig .Future Pu E Oil. Doc Proposed New Water Main Beginning Point Legend: Proposed Alignment of New Water Main Existing Water Line Service Area of New Water Main (approximate) Flusher's Manual Table of Contents Background 3 Equipment List 4 S.O.P.S 5 Field Procedures 5 Procedures Flushing Dead -End -Mains (DEMs) & Cul -De -Sacs (CDSs) 5 Pre -Filled Dead End Main Flushing Program Sheets 7 Procedures for Responding to Dirty Water Calls. 8 Dirty Water Field Form 9 HR Policy 40.0: Operation of City and Personal Vehicles, Driving Rules and Regulations 10 Equipment 18 Procedures for Testing Total Chlorine Residual 18 Measuring Hints 18 Instrument Check 18 Low Range (samples between 0.02 mg/L to 2.0 mg/L) 18 High Range (samples that exceed 2.0 mg/L by 10%) 19 Water Quality Instrument Check Form 21 Operation & Use of Oakton Instruments pH Tester 30 pH Meter 22 Programming Autoflushers 24 Background The "Unidirectional Flushing Program" began in 2008 in the City of Corpus Christi. The process of flushing fire hydrants is an important preventive maintenance activity. Although it may appear to waste water, this process is part of a routine maintenance program necessary to maintain the integrity of the water system and to continue to deliver the highest quality water possible to our customers. Flushing is a process by which water is moved through a water pipe at a high velocity so that a scouring action is created. Water is then discharged through a fire hydrant which in turn removes any material build-up from the pipe. The material removed from the process is harmless and requires no special treatment. Flushing is generally done around areas known as DEMs (dead -end -mains) and CDSs (cul-de-sacs). This is because the water that goes into these mains has no exit point and can contribute to water quality issues. Periodic flushing of water pipes removes mineral deposits that may build up in underground pipes. Buildup can contribute to corrosion and water color problems if we do not facilitate the removal of excess water. Flushing can help in many different ways other than the removal of sediments from mainline pipes, flushing can also verify the proper operation of fire hydrants and valves, help find weaknesses in the water system, check for closed valves and weak flows in the water mains, and also verify ample flow for fire fighting purposes. Should customers notice a reddish, yellow or brown tint in the water, please recommended that they not use the water or do laundry for about two hours. After that point they can run their faucets for a few minutes to make sure the water is clear at which time they can resume normal water use. Explain to them that if the water does not clear within 1 hour, they can notify the City Call Center at (361) 826-2489. Equipment List Testing Supplies Safety Supplies • Water Bottle • Hard Hat • 250 mL Beaker • Rubber Boots • 20 mL Graduated Cylinder • Hydrant Wrench • Tray • Vest • Scissors • Gloves • Pocket Colorimeter • Safety Glasses • Colorimeter Standards • City Phone • Car Charger • Safety Cones • Bug Spray • Sunscreen Paperwork • Blue Tags • Prefills • Dirty Water Call Form • Pens • Map Book (Zone Book or Zone Book Pages) • Flusher Manual 4 S.O.P.S Field Procedures Procedures Flushing Dead -End -Mains (DEMs) & Cul -De -Sacs (CDSs) SOP#: WQ-001.02 Date: November 2, 2008 Author: Don Hollingshead 1. At the beginning of the day, obtain "Grids" and "Pre -fill" (See Page 7) sheets from the coordinator. 2. Go to location indicated in the "Pre -fill" sheets. 3. Safely park work vehicle away from incoming traffic (See HR Policy 40.0: Operation of City and Personal Vehicles, Driving Rules and Regulations). 4. Make sure to have all applicable personal safety cones to create a safe work area away from incoming traffic. 5. Place safety cones to create a safe work area away from incoming traffic. 6. Proceed to hydrant with valve wrench, remove 2" hydrant cap. Connect one end of the diffuser hose to the open hydrant and the other end to the bumper mounted diffuser on your city truck. Open the hydrant valve slowly (NOTE: It is important to open valve slowly to avoid water hammers). 7. Record "start" time on pre -filled sheet. 8. Flush hydrant to clear stagnant/dirty water collected inside the barrel. If this takes more than 30 minutes, call the flushing coordinator for further instructions. 9. Collect water sample for `'Start" Total chlorine test. as per Total Chlorine Testing SOP. 10. Measure total chlorine residual using the pocket colorimeter and record the sample collection time and total chlorine residual results in DEM pre -filled sheet. 11. If the starting total chlorine residual is greater than 1.5 mg/L, slowly close the hydrant valve and record the "Finished" time on the pre -filled sheet. Do not collect and measure second total chlorine residual. 5 - If the starting chlorine residual is less than 1.5 mg/L, continue flushing and measuring the total chlorine residual until a value of 1.5 mg/L or greater is achieved. Be sure to record all additional sample collection times and total chlorine residual results in the pre -tilled sheet. If after flushing for 30 minutes, the chlorine residual is still less than 1.5 mg/L, call the flushing coordinator for further instructions. 12. After the chlorine test is completed, close valve slowly to avoid a water hammer. Remove the diffuser hose from the truck and hydrant and stow the hose in the city truck. Replace the hydrant cap. 13. Pack up equipment and proceed to next flushing site. Always flush using a diffuser to avoid property damage. 6 Pre -Filled Dead End Main Flushing Program Sheets tot ce -4 v -1 = y U. -4 .~... x C x x I o f rn 11 .i r F. .01%41%1141i 1 aarJ(1 y ti 130-6fJL55-NO • r 7 11111 ncr I rl�au 0 1 0 0 21 Cn C 7 Procedures for Responding to Dirty Water Calls. SOP#: WQ-002.01 Date: November 2, 2008 Author: Don Hollingshead Once you have been contacted by dispatch for flushing of a dirty water complaint, do the following: 1. Contact the customer if possible and do the following: a. Introduce yourself b. Let them know you are there responding to a Dirty Water call. c. Provide the customer with the work order number. 2. Go to location and locate the nearest fire hydrant for flushing. Note: if customer is not available, leave a blue tag with the WO number and the call back number of Water Quality department at 361-826-1847. 3. Flush the closest hydrant as per WQ-001.01: Procedures for Flushing DEMs and CDSs. 4. Contact the customer and let them know that work has been performed and completed. Advise the customer to flush inside the house to get rid of the remaining dirty water from the service line. 5. Complete "Dirty Water Field Form" (see page 9). 6. Call back dispatch (826-1818) and let them know to change the status of the work order to work complete. 8 Dirty Water Field Form 9 Work Order Number V L Total Time Required for Flushing En Q. 2 5 E. is E. b Ncio N ID A Yr . A /yam• "i 44 Comments 9 HR Policy 40.0: Operation of City and Personal Vehicles, Driving Rules and Regulations City of Corpus Christi City Policies SUBJECT: OPERATION OF CITY & PERSONAL VEHICLES HR 40.0 DRIVING RULES & REGULATIONS EFFECTIVE. 09196 REVISED: 10/01103 REVISED: 08//8105 REVISED: 07111!08 REVISED: 01117108 APPROVED: ! /) !/—... DATE. G r e K. Noe, City Manager I. PURPOSE The purpose of this policy is to outline the rules and regulations for the operation of a City -owned vehicle or personal vehicle in the course and scope of employment. Included in the policy are specific instructions for a variety of scenarios a City employee my encounter while driving a City vehicle or a personal vehicle on City business. These rules and regulations are designed to prevent employee injuries, vehicles accidents, and damage to city property. II. SCOPE This policy applied to all City employees, including part time employees, temporary employees paid by the City, and volunteers. The policy also applies to uniformed police and fire employees. III. DEFINITIONS Incident: a situation where by a City vehicle or personal vehicle on City business is involved in a breakdown, accident, vandalism or other act that involves the loss of City property or property damage. IV. POLICY It is the policy of the City that no employee will voluntarily, or be directed to, operate a vehicle for which he/she does not have both the appropriate Texas Driver's License classification and City Driver's Authorization Card. 1.0 Failure to follow the rules and regulations established in this policy may result in the loss of driving privileges and/or termination. (See Rules and Regultions of the Civil Service Board -- Article IV.) V. PROCEDURES In order to operate a City or personal vehicle of any type, an individual must have completed the following: a. Employees with an occupational driving license have the following restrictions: 1. The license must specifically allow the employee to drive during business hours in order for that employee to drive on the job; 2. If the person has lost their license due to a DWI, and obtained an occupation license, they cannot drive on the job; b. Have in his or her possession a current Texas driver's license. c. Obtain a City Driver's Authorization Card through the Risk Management Division. d. Register for and complete the Defensive Driving course offered by the City staff within 60 working days of being hired, and every three years there after. Attendance records for the Defensive Driving course are maintained by the Human Resources Dept. e. Read and understand City driving rules and insurance requirements and procedures. f. Train as needed in maintenance and use of vehicle(s) especially with heavy equipment and off -the -road types. A. Accident and Breakdown Procedures for City and Personal Vehicles If a City employee in the course and scope of their employment is involved in an accident, regardless of the severity or location, the Police Department will be called to the scene to make a report. The Risk Management Division and the employee's department head shall also be contacted. Should the accident occur outside the city limits the local law enforcement agency, the Corpus Christi Police Department, the Risk Management Division, and the employee's department head shall all be contacted. Refer to section IX of Policy HR 15.0 for post accident drug testing requirements. 11 If the employee is driving his/her personal vehicle he, she shall give all necessary driver's license information, City Driver's Authorization Card, and insurance information to the other party involved. Drivers of City owned vehicles, however, will give their driver's license information and City Driver's Authorization Card to the other party and explain that the City of Corpus Christi is self-insured and that all communications regarding losses, injuries, etc, are to be directed to the Risk Management Division of the City of Corpus Christi, 1201 Leopard, 826-3679. If a City vehicle is disabled as the result of an accident, or if a vehicle breaks down at any time, the mechanical repair division of the Maintenance Services Department will be notified. The number to call from 6:00 a.m. to 7:00 p.m. is 857-1919. At any other time the investigating officer should be asked to call a rotation wrecker and have the vehicle towed to the Maintenance Service yard. When an incident occurs involving a City vehicle or use of a personal vehicle in pursuit of City business, whether it is a breakdown, accident, vandalism or other incident, notify the office of Risk Management or Director of General Services. They will advise you of the proper action to be taken. B. Driving Rules and Regulations Before the initial use of any vehicle each day, the driver will walk around and inspect the vehicle for damage, inoperable lights, loose hardware, tire condition or any other condition which might create an unsafe condition. Mileage and service dates shall be reviewed to determine if the vehicle is due for preventative maintenance. Any deficiency encountered in City vehicles will be reported to a supervisor immediately. It is the supervisor's responsibility to ensure that corrective action is taken. All employees driving in the course and scope of their employment will comply with all applicable laws of the State of Texas as well as the following regulations of the City of Corpus Christi. C. Parking 1. City vehicles are prohibited from "NO PARKING" zones except in emergency situations. No City vehicle of any type shall be left unattended with the key left in the ignition. (Emergency vehicles are excluded). 3. When leaving your vehicle set the parking brake. For security reasons, lock the door. 17 4. Employees who occupy a metered parking space will pay the meter for the duration of the stay. 5. Employees are ultimately responsible for the vehicles issued to them. 6. Drivers of all City owned vehicles will be required to place a traffic cone at either the front and/or rear of the vehicle in all parking situations in the course and scope of work. If the City vehicle is driven into a parking spot, the cone shall be placed within 12 inches of the rear bumper. City vehicles parked in parallel parking spots may place traffic cone at either the front or rear of the vehicle. a) Parking situations are defined as, but not limited to, work sites, break/lunch stops, and all parking lots. b) The purchase of traffic cones will be the responsibility of the departments. 28" tall, double stripe traffic cones are an inventory stock item at the City warehouse and can be procured with a warehouse requisition form. All Motor Pool vehicles must have a traffic cone in each of the vehicles. It will be the responsibility of the City employee assigned to the vehicle to place the traffic cone in the appropriate location. c) Exceptions to the requirements of section V C6 include, but are not limited to: City vehicles that are stopped while the engine remains on and the driver stays in the vehicle, vehicles that are parked at the final destination of the work day, City vehicles that are backed into a parking spot, privately owned vehicles on City business, unmarked City vehicles, City vehicles parked inside work zone traffic control barriers, Animal Care officers in pursuit of stray animals, and public safety vehicles that are equipped with emergency lights. d) The purpose of section V C6 is to implement a proactive program aimed at eliminating backing accidents. Exemptions to the requirements of this section are available with a Risk Management approved, department specific program aimed at eliminating backing accidents. Those departments without any such program shall be required to follow the aforementioned guidelines. D. Equipment 1. Seat belts will be worn at all times. 2. Windshields will be in place while the vehicle is in motion. 13 3. Doors will not be removed from any vehicle nor will they be tied open. 4. Tum signals will be in working order and utilized by drivers in ample time to warn oncoming or following vehicles of their intent. 5. Vehicles in motion, day or night, will use headlights, not just parking lights, when visibility is limited. 6. Drivers will ensure that windows, headlights, taillights, and wipers are clean and in operating order at all times. 7. Tailgates will be up and locked when vehicles are in motion. If a vehicle's function requires that the tailgate remain open, a red flag will be attached to the outward comers of the gate. 8. In all cases, including the loading of trucks, compliance with State law and the condition of the vehicles is solely the driver's responsibility during operation of the vehicle. 9. If a vehicle does not have a tailgate but is loaded, the driver of the vehicle will ensure that the load is secure and that overhangs are properly marked in accordance with State law. 10. Drivers hauling loose materials (dirt, rock, etc.) will take appropriate action in order to prevent falling debris. Tarps or tie -downs will be used at all times when hauling debris. 11. A card indicating the City's status as a self insured municipality shall be present in all City -owned vehicles to verify State law requirements for financial responsibility. For additional copies contact Risk Management at 826-3679. E. Special Equipment 1. Special equipment such as hi -lifts, high rangers, graders, mowers, cranes, or any unit which has a special device added for specific kinds of work, may require formal training and instruction prior to use by a driver. This special training will be provided by the department and include the following: a. Explanation and demonstration of all control devices. b. Explanation and demonstration of all safety equipment. c. Maintenance items such as fuel, water, oil or other minimum operating needs of the unit. 14 d. Demonstration of operation of the unit or special equipment. e. Instruction in driving to and from or on and off trailers, parking procedures, and method of shut down and securing. f. A report of this training will be maintained in the employee's department. Passengers will ride only in seats designated for passengers. 3. When backing, operators of special equipment will look around and if available, have another person guiding them. 4. Heavy construction equipment will travel at less than 25 mph — without exception. This equipment will use the right hand lane except when a left tum is required. Headlights will be on at all times the vehicle is in motion. A chase vehicle using its emergency lights will also accompany this equipment, if one is available. F. General When the driver does not have a clear view of the entire area behind the vehicle, backing of large vehicles such as crew trucks, dump trucks, flatbed trucks, etc. will be done with the assistance of a guide, if available. If a second person is in the vehicle, he/she will get out and guide the vehicle using appropriate hand and voice signals. 1. Riding on the sides (except refuse:recycling vehicles), toolboxes, tailgates, roofs of any truck or vehicle, standing in the back of any truck, or riding in the bed of pickup trucks is prohibited. Drivers will have in their possession at all times their valid Texas State driver's license and City Driver's Authorization Card. Suspension or loss of driving privileges could result in disciplinary action up to and including termination. This applies to both State licenses and City authorization cards. 3. All employees who drive in the course and scope of their employment are required to report within one working day a suspension or revocation of his/her license, or a driving while intoxicated conviction or probation regardless of whether the violation was committed on or off the job, to his/her supervisor who will in turn immediately advise the Risk Management Division of this fact. Failure of an employee to report a change in license status, or driving while intoxicated conviction or 15 probation within one working day shall result in disciplinary action up to and including termination. 4. Posted speed limits must be obeyed. 5. Drivers will direct their attention to driving safely. Necessary inspections of streets, trees, signs, etc, while driving will be done with care. This also applies to the use of mobile phones and radio communication systems. 6. During periods of limited visibility or any time windshield wipers are in use, the headlights will be on. 7. It is recommended for supervisors, at least once a year, to ride with all the drivers for review of their driving ability. Also, periodic training exercises should be conducted for special driving skills. 8. Driving while intoxicated, or consumption of or driving under the influence of alcoholic beverages or narcotics, while operating a City vehicle in the course and scope of employment is prohibited as stated in the City of Corpus Christi's Civil Service Board Rules and Regulations. and city policies regarding alcohol & drug abuse. 9. Trailers will be fastened securely to hitches. Safety pins and pintle locks will be used. Safety chains will be crossed under the hitch and securely fastened before moving the vehicle. 10. All items transported either in a truck or trailer, which may move around during transport, will be secured. 11 No more than three (3) persons will ride in the front seat of any vehicle. Where only two single seats exist, there should be only one rider per seat. 12. City vehicles are to be used for official business only. Transportation of private citizens, unless as a part of an official or authorized function, is prohibited. 13. Commercial -sized vehicles (larger than pickups) should not be driven in the extreme left lane of the expressways except when passing or when traffic hazards require it. (Emergency vehicles are excluded). 14. With the exception of specific cases which require their use, headsets (I - Pods, MP3 players, etc.) can be hazardous because of the wearer's inability to hear verbal orders, warnings, emergency vehicles, railroad engine horns, or even normal traffic sounds. Consequently, all City employees, unless specifically ordered to do so, will not wear any radio 16 headset or like device during working hours. This rule is for your safety and will be strictly enforced. G. Decisions Regarding Personnel The department shall contact the Human Resources Department for assistance in making decisions from a personnel standpoint when they have an employee who cannot drive, (i.e. promotions, provisions, etc.) VI. POLICY UPDATES This policy shall be reviewed on an annual basis and any revisions to the policy shall be approved by the City Manager and the Safety & Risk Manager. VII. CONSEQUENCES FOR VIOLATION OF THIS POLICY Failure to comply with this policy will result in disciplinary action up to and including termination. VIII. QUESTIONS REGARDING THIS POLICY Questions regarding this Policy shall be directed to the Safety & Risk Manager, or designee, who may be contacted at 361:826-3679. 17 Equipment Procedures for Testing Total Chlorine Residual SOP#: WQ-003.01 Date: November 2, 2008 Author: Don Hollingshead Measuring Hints 1. Analyze sample immediately. 2. Do not use plastic containers to collect samples. 3. For best results, dedicate a set of cells to total chlorine tests. Instrument Check 1. Place colorless spec. blank in cell weld with alignment mark facing key pad. 2. Tightly cover cell with instrument cap. 3. Press zero key (displays 0.00), then remove. 4. Place standard 1 cell into weld, cover with twist cap. 5. Press read/enter key. 6. Record concentration measure on the Daily Check for Water Quality Field Instruments (see page 20). 7. Repeat steps 3&4 with cells labeled standard 2 and standard 3. 8. Compare with previous measurement to verify instrument is performing consistently. 9. This check is to be performed daily before use, and after every 5 samples during use. Low Range (samples between 0.02 mg/L to 2.0 mg/L) 1. Fill 10 mL cell with sample (blank) and replace cap. 2. Press power key to turn meter on. Arrow should indicate low range channel (LR). 3. Remove meter cap. Place blank in cell weld with diamond mark facing the keypad. Fit cap over cell to cover. (Note: wipe excess water & finger prints off sample cell.) 18 4. Press zero/scroll key to zero the instrument, then remove blank. 5. Fill a second 10 mL cell to 10 mL mark with sample. 6. Add contents of one DPD total chlorine power pillow to the sample in the cell. 7. Cap and gently shake for 20 seconds. 8. Place prepared sample in cell weld with diamond mark facing the key pad, and cover with instrument cap, wait 3 to 6 minutes after adding the DPD total chlorine pillow. 9. Press read/enter key. 10. Report results in mg/L chlorine. High Range (samples that exceed 2.0 mg/L by 10%) Note: the High Range protocol should be used when the HACH pocket colorimeter 11 low range is over -range flashing above stated test range. 1. Fill 10 mL cell with sample (blank) and replace cap. 2. Press power key to turn meter on. Arrow should indicate low range channel (LR). 3. Remove meter cap. Place blank in cell weld with diamond mark facing the keypad. Fit cap over cell to cover. (Note: wipe excess water & finger prints off sample cell.) 4. Press zero/scroll key to zero the instrument, then remove blank. 5. Dilute the sample "2X" by filling a 10 mL cell to the 5 mL mark with sample. 6. Add deionized water to the sample until it reaches the 10 mL mark. 7. Add contents of one DPD total chlorine power pillow to the sample in the cell. 8. Cap and gently shake for 20 seconds. 9. Place prepared sample in cell weld with diamond mark facing the key pad, and cover with instrument cap, wait 3 to 6 minutes after adding the DPD total chlorine pillow. 10. Press readlenter key. 11. Multiply the results by 2. 12. Report results in mg/L chlorine. 19 If the results from the 2X dilution are still reading as over -range, use the following dilution. 1. Fill 10 mL cell with sample (blank) and replace cap. 2. Press power key to turn meter on. Arrow should indicate low range channel (L R). 3. Remove meter cap. 4. Place blank in cell weld with diamond mark facing the keypad. Fit cap over cell to cover. (Note: wipe excess water & finger prints off sample cell.) 5. Press zero/scroll key to zero the instrument, then remove blank. 6. Dilute the sample "5X" by filling a I0 mL cell to the 2 mL mark with sample. 7. Add deionized water to the sample until it reaches the 10 mL mark. 8. Add contents of one DPD total chlorine power pillow to the sample in the cell. 9. Cap and gently shake for 20 seconds. 10. Place prepared sample in cell weld with diamond mark facing the key pad, and cover with instrument cap, wait 3 to 6 minutes after adding the DPD total chlorine pillow. 11. Press read/enter key. 12. Multiply the results by 5. 13. Report results in mg/L chlorine. 20 Water Quality Instrument Check Form Date: Name: ID #: Pocket colorimeter II daily check Instrument Identification: Zero the Pocket colorimeter II with the provided blank in the t` el kit. Standard Vial Expected Response Response I Response 2 1 4 7 3 10 Gel Standard Kit. Lot# pH probe daily check Instrument Identification: Expiration Date Buffer Solution Lot # Expiration Date pH Probe Reading Temperature ( C) 4 7 10 8 Notes/Comments: Ensure to note ALL lot numbers and expiration dates for the standards used in this check. DO NOT USE EXPIRED STANDARDS FOR ANY REASON 21 Operation & Use of Oakton Instruments pH Tester 30 pH Meter SOP# WQ-004.0I Date: 7:22/2008 Author: Bruce Short The Oakton Instruments pH Tester 30 pH meter is used for field measurements of both pH and temperature of water. The instrument measures pH in ±0.0I pH units, and temperature in +0.I 'C or 'F. Using the built in temperature sensor, any change in temperature is compensated to give the actual pH reading of the sample tested. Before use, the pH tester's electrode must be conditioned by immersing the probe in tap water or electrode storage solution for at least 30 minutes. This is normally accomplished by keeping the sponge insert inside the instrument's protective storage cap moistened with tap water. Do Not Use De -ionized Water! pH Calibration: The Oakton Instruments pH Tester 30 pH meters should be calibrated daily before use. Additionally, re -calibrate the instrument whenever batteries are changed, or the electrode replaced. Daily Calibration will be conducted using pH buffers at pH 4.0, 7.0, and I0.0. After this three point calibration, a performance check will be conducted by measuring and recording the reading of a pH 8.0 buffer. Stepwise Calibration Procedure I. Press ON/OFF button to switch the unit on. 2. Dip the electrode about 2 to 3 cm into the pH 4 buffer solution and press the 'CAL' button. The upper display will show the measured reading based on the last calibration, while the lower display should indicate which pH buffer solution is being used. 3. Allow the upper display reading to stabilize then press the HOLD/ENT button to confirm the first calibration point. The upper display will be calibrated to the pH standard buffer solution. Record this value in the appropriate section of the Daily pH Meter Calibration Log. 4. Repeat steps 2 and 3 for pH 7.0 buffer, then pH 10.0 buffer. Rinse the electrode in tap water between buffers. 5. After completing the calibration with the three buffers as described above, the meter will automatically return to the measure mode. Using the procedure below for pH measurement, measure and record the value for a pH 8.0 buffer on the Daily pH Meter Calibration Log. Stepwise Procedure for pH Measurements I. Press ON/OFF button to switch the unit on. 2. Dip the electrode about 2 to 3 cm into the test solution. Stir and let the reading stabilize. 3. Note the pH value or press HOLD ENT button to freeze the reading. To release the reading, press HOLD ENT again. 4. Press ON OFF to turn off tester. If you do not press a button for 8.5 minutes, the tester will automatically shut off to conserve batteries. 23 Programming Autoflushers SVC CONTROLLER PROGRAMMING GUIDE 10/20/05 SVC CONTROLLER INTRODUCTION DISPLAY LEFT ARROW PROGRAM MODE INCREASE VALUE RIGHT ARROW DECREASE VALUE THE PROGRAM MODE a BUTTON ALLOWS YOU TO NAVIGATE BETWEEN PROGRAM MODES. PRESS THE PROGRAM MODE BUTTON TO FIRST WAKE UP THE UNIT. DURING A SHORT PERIOD OF INACTIVITY, THE DISPLAY WILL SHUT OFF (GO TO SLEEP) TO CONSERVE BATTERY POWER. THE CONTROLLER WILL STILL CARRY OUT THE FLUSHING PROGRAM LAST ENTERED. WHEN PROGRAMMING, THE FLASHING PORTION OF THE DISPLAY CAN BE CHANGEDBYPRESSING THE INCREASE OR DECREASE VALUE Q or BUTTON. TO CHANGE SOMETHING THAT IS NOT FLASHING, PRESS THE RIGHT OR LEFT ARROW® or ® BUTTONS UNTIL THE DESIRED FIELD IS FLASHING. 24 SVC CONTROLLER OVERVIEW THERE ARE SIX DISPLAY MODE SCREENS YOU CAN TOGGLE THROUGH WHEN YOU WAKE UP THE UNIT BY PRESSING THE PROGRAM MODE ) BUTTON. THESE ARE; 1. BATTERY POWER INDICATOR & LAST PROGRAMMED CURRENT TIME & DAY. 9:O6M 4 2. CURRENT TIME & DAY PROGRAM MODE 0:00M 4 3. FLUSHING START & STOP PROGRAM MODE (UP TO 9 START TIMES AVAILABLE) 1 0:00M 4. RUN TIME PROGRAM MODE (LENGTH OF EACH FLUSHING) 0:00 5. "DAY OF THE WEEK" FLUSHING PROGRAM MODE 000000® 1 2 3 4 5 6 7 1 = SUNDAY OR "INTERVAL" FLUSHING PROGRAM MODE 1 0+12 NOTE: THE SCREEN THAT WILL APPEAR WILL DEPEND ON WHICH FLUSHING MODE THE UNIT WAS LAST EXITED FROM. 6. UNIT OFF DISPLAY MODE SCREEN 26. PROGRAMMING THE SVC CONTROLLER STEP #1 - SETTING THE CURRENT DAY AND TIME 1. PRESS THE A) BUTTON UNTIL THE CURRENT TIME'DAY ICON 0 IS DISPLAYED. 2. HOURS WILL BE FLASHING. PRESS THE or BUTTON TO CHANGE THE HOUR SHOWN ON THE DISPLAY. PRESS THE RIGHT ARROW ® BUTTON TO PROCEED TO SETTING THE MINUTES. 3. MINUTES WILL BE FLASHING. USE THE a or BUTTON TO CHANGE THE MINUTES SHOWN ON THE DISPLAY. PRESS THE RIGHT ARROW ® BUTTON TO PROCEED TO SETTING THE AM/PM OR 24 HOUR TIME. 4. THE TIME WILL BE DISPLAYED AND THE TIME OF DAY FLASHING. PRESS THE Q or BUTTON TO SELECT AM, PM OR 24 HOUR. PRESS THE RIGHT ARROW ® BUTTON TO PROCEED TO SETTING THE DAY OF THE WEEK. 5. THE NUMBER I WILL BE FLASHING, INDICATING THE FIRST DAY OF THE WEEK. PRESS THE Q or" BUTTONS THE DAY OF THE WEEK (1-7 CORRESPONDING TO THE DAY). THE TIME AND DAY HAVE NOW BEEN SET. 27 STEP #2 - SETTING & ELIMINATING FLUSHING START TIMES A. SETTING FLUSHING START TIMES 1. PUSH THE PROGRAM MODE A) BUTTON UNTIL THE START TIMES 0 ICON IS DISPLAYED. 2. USE THE Q or BUTTON TO CHANGE THE START TIME (THE START TIMES ADVANCE IN 15 MINUTE INCREMENTS). HOLD EITHER BUTTON DOWN FOR 1 SECOND TO CHANGE TIME RAPIDLY. 3. PRESS THE RIGHT ARROW ® BUTTON TO SELECT THE NEXT START TIME (UP TO 9 START TIMES ARE AVAILABLE). B. ELIMINATING A START TIME WITH THE DISPLAY IN THE FLUSHING START TIME MODE, PUSH THE a or BUTTON UNTIL YOU REACH I2:00AM (MIDNIGHT). FROM HERE PUSH THE .•c BUTTON ONCE TO REACH THE OFF POSITION. NOTE: IF THE SVC HAS ALL 9 START TIMES TURNED OFF, THEN THE CONTROLLER IS OFF. STEP #3 - SETTING THE RUN TIME (LENGTH OF FLUSHING). I. PRESS THE PROGRAM MODE 5 BUTTON UNTIL THE en RUN TIME !Q ICON IS DISPLAYED. 2. THE DISPLAY WILL SHOW THE LAST RUN TIME ENTERED. 3. USE THE or�.t BUTTONS TO INCREASE OR DECREASE LENGTH OF FLUSHING TIME (FROM 1 MINUTE UP TO 4 HOURS). FOR RAPID ADVANCEMENT, HOLD THE BUTTONS DOWN FOR 2 SECONDS. ?g STEP #4 — SELECT AND PROGRAM THE FLUSHING MODE — SELECT BETWEEN THREE DIFFERENT MODES AS FOLLOWS: A. DAYS OF THE WEEK B. INTERVAL C. MANUAL A. "DAYS OF THE WEEK" — EXAMPLE: FLUSH ON MONDAY, WEDNESDAYS AND FRIDAYS. 1. TO SELECT THE DAYS OF THE WEEK MODE, PUSH THE A) BUTTON UNTIL THE FLUSHING DAYS1:2 ICON IS DISPLAYED ALONG WITH THE SEVEN DAYS OF THE WEEK WITH A FLUSHING WATER DROP 6 OR A NO -FLUSHING WATER DROP ICON ABOVE THE NUMBERED DAYS. a. THE ICON REPRESENTS AN "ON" FLUSHING DAY b. THE ICON REPRESENTS A "OFF" FLUSHING DAY. 2. TO SELECT SPECIFIC DAYS OF THE WEEK TO FLUSH, WITH THE CURSOR ON A SPECIFIC DAY (THE CURSOR ALWAYS STARTS WITH DAY 1), PRESS THE BUTTON TO ACTIVATE A PARTICULAR DAY OF THE WEEK TO FLUSH. PRESS THEC~c BUTTON TO CANCEL FLUSHING FOR THAT DAY. AFTER PRESSING A BUTTON THE CURSOR AUTOMATICALLY ADVANCES TO THE NEXT DAY. 3. REPEAT STEP 2 UNTIL ALL DESIRED DAYS HAVE BEEN SELECTED. THE SELECTED DAYS WILL SHOW WITH AN • ICON TO INDICATE THEIR STATUS AS ON. THE LAST 6 ICON IS THE LAST FLUSHING DAY FOR THE PROGRAM. 4. YOU HAVE FINISHED PROGRAMMING FOR "DAYS OF THE WEEK" FLUSH MODE. DO NOT PRESS ANY MORE KEYS. ALLOW THE UNIT TO GO INTO SLEEP MODE AUTOMATICALLY. B. "INTERVAL' EXAMPLE: FLUSH EVERY OTHER DAY OR EVERY 3RD DAY, ETC. 1. TO SELECT "INTERVAL" FLUSHING MODE FROM 1 TO 31 DAYS, FIRST PUSH THE BUTTON UNTIL THE "DAYS OF THE WEEK" MODE SCREEN IS DISPLAYED. THEN PRESS THE ® BUTTON AND MOVE THE CURSOR TO THE 7TH DAY OF THE WEEK. FINALLY, PRESS THE O AGAIN UNTIL THE INTERVAL FLUSHING ICON AND TWO CALENDARS '3+ 13 APPEAR ON THE DISPLAY. 2. PRESS THE 4) or BUTTONS TO SELECT THE NUMBER OF DAYS BETWEEN FLUSHING DAYS (1-3I). THIS IS CALLED THE INTERVAL. EXAMPLE: 1 EVERY DAY OR 24 HOURS BETWEEN FLUSHES. 2 EVERY OTHER DAY OR 48 HOURS BETWEEN FLUSHES 3 EVERY THREE DAYS OR 72 HOURS BETWEEN FLUSHES, ETC. 3. YOU HAVE FINISHED PROGRAMMING FOR "INTERVAL" MODE. DO NOT PRESS ANYMORE KEYS. ALLOW THE UNIT TO GO INTO SLEEP MODE AUTOMATICALLY. 30 C. "MANUAL" _ EXAMPLE: FLUSHING ON DEMAND. I. PRESS THE 5 BUTTON ONCE TO DISPLAY THE CURRENT TIME OF DAY. 2. PRESS AND HOLD ® THE BUTTON FOR TWO SECONDS TO DISPLAY THE MANUAL FLUSHING ICON. 3. USE THE Q or BUTTON TO ADJUST THE MANUAL FLUSH RUN TIME FROM I MINUTE TO 4 HOURS. 4. RELEASE THE BUTTONS AND THE CONTROLLER WILL COUNT DOWN 10 SECONDS BEFORE ACTIVATING THE MANUAL CYCLE. 5. THE FLASHING FLUSHING 154 ICON WILL APPEAR ON THE DISPLAY WHEN FLUSHING IS OCCURING. NOTE: TO STOP MANUAL FLUSHING. PRESS THE 5 BUTTON UNTIL THE OFF FLUSHING SYSTEM ICON IS DISPLAYED. WAIT 4 SECONDS AND "OFF" WILL APPEAR ON THE DISPLAY. PRESS THE 5 AGAIN AND THE SVC WILL FLUSH BASED UPON THE CURRENT PROGRAM. 31 PROGRAMMING TIPS 1. IF YOU HAVE PROGRAMMED FOR "INTERVAL" AND YOU WISH TO CHANGE TO "DAYS OF THE WEEK" MODE WHILE IN THE "INTERVAL" PROGRAMMING MODE, THEN PRESS THE RIGHT ARROW ® BUTTON TO GO BACK TO THE "DAYS OF THE WEEK" MODE. REMEMBER, TO GO FROM THE "DAYS OF THE WEEK MODE BACK TO THE "INTERVAL MODE' YOU MUST PRESS THE RIGHT ARROW ® BUTTON AND MOVE THE CURSOR TO THE LAST DAY OF THE WEEK AND THEN PRESS THE RIGHT ARROW ® BUTTON AGAIN TO GO TO THE "INTERVAL MODE". 2. THE LAST FLUSHING PROGRAM MODE, "DAYS OF THE WEEK" OR "INTERVAL", LEFT DISPLAYED ON THE SCREEN WHEN FINISHED PROGRAMMING AND THEN ALLOW THE UNIT TO GO TO SLEEP AUTOMATICALLY, IS THE MODE IT WILL OPERATE IN. 3. IF YOU WANT TO TURN OFF THE CONTROLLER COMPLETELY, GO TO THE LAST PROGRAMMING MODE SCREEN DISPLAY BY REPEATEDLY PRESSING THE PROGRAM MODE KEY UNTIL YOU REACH THE SYSTEM OFF ®ICON . THEN WAIT APPROXIMATELY 3 SECONDS AND THE WORD OFF WILL ALSO BE DISPLAYED. THE CONTROLLER IS NOW OFF AND WILL NOT CARRY OUT ANY PROGRAM FUNCTIONS. THE DISPLAY & CONTROLLER FUNCTIONS WILL AUTOMATICALLY SHUT OFF. 4. TO REACTIVATE THE CURRENT PROGRAMS IN THE "DAYS OF THE WEEK" OR "INTERVAL" PROGRAM MODE, GO TO STEP #4 AND EXIT THE DESIRED PROGRAM MODE BY ALLOWING THE DISPLAY TO SHUT OFF (GO TO SLEEP) AUTOMATICALLY WHILE IN THAT MODE. 32 SVC CONTROLLER RESETTING PROCEEDURE THIS INFO IS FOR THE PEOPLE HAVING TROUBLE WITH THIER CONTROLLER GOING NUTS AND ACTING LIKE IT'S LOST. THE PROCEEDURE WILL REBOOT IT AND GET IT BACK TO THE WAY IT WAS BEFORE ANY PROGRAMMING WAS DONE. The reset procedure for the SVC controllers is as follows. Remove the 9 volt battery and wait three minutes. Next, press and hold down the PLUS, the MINUS and the LEFT ARROW buttons all at the same time. While your are holding the buttons down insert the battery into the SVC controller. The display should now read I2:00AM and is ready to be re -programmed. Contact Technical Services a Kupferle Foundry Company if you have questions or comments. Our phone number is 800-231-3990. We are available Monday through Friday from 7:30 am - 4:00 pm Central Standard Time. 33 Monthly Performance Evaluation At the end of every month an analysis will take place to evaluate DEM performance. Performance is defined as the "ability of a DEM to maintain certain chlorine residual from flushing cycle to flushing cycle". The following methodology will be used to evaluate DEM performance on a monthly basis. This methodology is based on "start" TRC readings. How a DEM moves 'down' a flushing group One "bad" reading will cause a DEM to automatically fall down to the flushing group that corresponds to that reading (see diagram below). A DEM may drop more than one flushing group. When the TRC reading is below 1.0 mg/L the DEM will automatically fall to the Twice a month flushing group. 1 reading 3mgJL ! reading 2m;,'L ! reading < [mg L G� J Every 3 months Every 2 months Once a month Twice a month 3.0 mg/1 2.0 mg/1 How a DEM moves `un' a flushing group 1.0 mg/I One "good" reading will not cause a DEM to automatically move up to a higher flushing group. Instead, a DEM will need a series of sequential "good" readings logged before it can be moved up a level Requirements for DEM promotion for each flushing frequency group: To move up to the Every 3 months flushing group: Requirement: DEM has 2 consecutive readings above 3.0 mg/1 while in the Every 2 months group. To move up to the Every 2 months flushing group: Requirement: DEM has 4 consecutive readings above 2.0 mg,'l while in the Once a month group. To move up to the Once a month flushing group: Requirement: DEM has 8 consecutive readings above 1.0 mg/I while in the Twice a month group. All these requirements add up to 4 months of "good" readings before a DEM can advance to a more lenient flushing group. 1 consecutive readings >3mg/L 4 consecutive readings >2mgIL 8 consecutive readings > I mg/E. Every 3 months Every 2 months Once a month Twice a month 3.0 mg/1 2 2.0 mg/1 l O mg/1 Examples of how a DEM can move behveen flushing groups. This example illustrates how a DEM can "drop" to a lower flushing group and then "move up" to a higher flushing group; including corresponding good reading counts (GRC) and print range counts (PRC) DEM ID# Sept 11 Batchl TRC (mg/L) Sept 11 Batch2 TRC (mg/L) Oct 11 Batchl TRC (mg/L) Oct 11 Batch2 TRC (mg/L) Nov Batchl TRC (mg/L) Nov 11 Batch2 TRC (mg/L) Dec 11 Batchl TRC (mg/L) Dec 11 Batch2 TRC (mg/L) Jan 12 Batchl TRC (mg/L) Jan 12 Batch2 TRC (mg/L) 1212 1.5 2 0.9 1.8 1.5 1.4 1.5 1.2 1.4 1.8 GRC 0 0 1 2 3 4 5 6 7 PRC 2 1 1 1 1 1 1 1 1 1 DEM ID# Feb 12 Batchl TRC (mg/L) Feb 12 Batch2 TRC (mg/L) Mar 12 Batchl TRC (mg/L) 1212 1.5 Nov 11 Batch2 TRC (mg/L) To be flushed GRC 0 Jan 12 Batch2 TRC (mg/L) 1000 PRC 2 1 1. Assume DEM #1212, is in the Once a month flushing group 2. For the month of Oct 11 the TRC level is 0.9 mg/L, this automatically drops the DEM to the Twice a month group. Now the DEM needs 8 consecutive TRC above 1.0 mg/L to move up to the Once a month flushing group. 3. Assume DEM #1212 obtains readings above 1.0 mg/L for the next 4 consecutive months. Now, DEM #1212 goes back to the Once a month flushing group and the next flushing operation will be scheduled for Mar 12 Batch 1. This example illustrates how a DEM can stay in its current flushing group; including corresponding good reading counts (GRC) and print range counts (PRC) DEM ID# Sept 11 Batchl TRC (mg/L) Sept 11 Batch2 TRC (mg/L) Oct 11 Batchl TRC (mg/L) Oct 11 Batchl TRC (mg/L) Nov Batchl TRC (mg/L) Nov 11 Batch2 TRC (mg/L) Dec 11 Batchl TRC (mg/L) Dec 11 Batch2 TRC (mg/L) Jan 12 Batchl TRC (mg/L) Jan 12 Batch2 TRC (mg/L) 1000 2.5 2.6 2.4 GRC 0 0 0 PRC 4 3 2 1 4 3 2 1 4 3 DEM ID# Feb 12 Batchl TRC (mg/L) Feb 12 Batch2 TRC (mg/L) Mar 12 Batchl TRC (mg/L) 1000 To be flushed GRC PRC 2 1 1. Assume DEM #1000, is in the Every 2 months flushing group 2. Every 2 months the DEM is flushed and the residuals obtained are within the Every 2 months flushing range (2.0 mg/L to 10 mg/L) so this DEM never obtains any GRC and the next flushing operation will be scheduled for Mar 12 Batch 1. 4 / o lI K i � onn ca IL— o l,1 0......._.1 I r (Ld N01133-J3a Lsr1� -4'u' illd NO,LJ31007 667i ,Ctrq 11 Ii r— Cl I1 Stir i y?' N q �, 71 ♦= }- ID uJ w 0 w z ±-12,209 LF Y� f I 6c 1 I1 w I •0 n z O. CC 15 L-1 ^" C UJ 3ww w C7 t,3 w¢ OIL DOCK 11 0 z z m If; dao O •) o oM O d • J in~ mO� O 0 EL Si GG e � O w !< , �iy LJ ''s w CC u Z� Z CC Z U LalQ X W W �0> X00 vi4Vcb / / LI .... �y/iib o d1 O. z° 0 Cel p X z Cal Q 1 CL 0 0a a� . - /`f 0 `` ',sem CC a N 2 2 Y J m m 011 DOCK 14 U J J U z LU LLI V J W 0 N m W I0 X Q 1U Exhibit E Description of Easement --16 inch Waterline BEING approximately 12,209 linear feet of a 16 inch PVC waterline situated in Port of Corpus Christi Authority property out of the submerged land patented to Nueces County Navigation District (now known as Port of Corpus Christi Authority) by the State of Texas on May 7, 1930, recorded in Vol. 192, page 579 and referred to as Patent 84 (Section 939) and out of a portion of Patent 446 recorded in Vol. 719, page 358, deeds records of Nueces County, Texas. Centerline easement of said waterline further described as follows: • BEGINNING at point (P.O.B.) 50 feet south of the centerline of Joe Fulton International Trade Corridor at Station 333+46. • THENCE, along centerline of said easement, parallel to and 50 feet south of centerline of Joe Fulton International Trade Corridor to a deflection point at Station 353+50. • THENCE, along centerline of easement in a southeasterly direction to a point being 39 feet south of centerline Joe Fulton International Trade Corridor at Station 361+50 to a deflection point. • THENCE, continuing along centerline of easement, parallel to and 39 feet south of Joe Fulton International Trade Corridor centerline to a deflection point at Station 443+00. • THENCE, in an easterly direction to a deflection point being 74.8 feet south of Joe Fulton International Trade Corridor centerline at Station 451+03.1. • THENCE, continuing along said easement centerline, parallel to and 75 feet south of Joe Fulton International Trade Corridor centerline to a pipe bend at Station 452+01.3. • THENCE, in a northeasterly direction for a distance of approximately 29 feet to pipe bend being 55 feet south of Joe Fulton International Trade Corridor centerline at Station 452+21.3. • THENCE, in a northerly direction along easement, crossing under Joe Fulton International Trade Corridor for a distance of approximately 152 feet to a pipe bend being 97 feet north of Joe Fulton International Trade Corridor center line at Station 452+21.3. • THENCE, in a northeasterly direction for a distance of approximately 20 feet to a pipe bend being 117 feet north of Joe Fulton International Trade Corridor centerline at Station 452+41.3. • THENCE, in an easterly direction along centerline of said easement for a distance of approximately 144 feet to a point being 117 feet north of Joe Fulton International Trade Corridor centerline at Station 453+85 to the Point of Terminus with a total length of approximately 12,209 linear feet more or less. Easement description based from office records—to be amended per as -built location of water line. page 1 Exhibit E Description of Easement —12 inch Waterline BEING approximately 1,891 linear feet of a 12 inch PVC waterline situated in Port of Corpus Christi Authority property out of the submerged land patented to Nueces County Navigation District (now known as Port of Corpus Christi Authority) by the State of Texas on May 7, 1930, recorded in Vol. 192, page 579 and referred to as Patent 84 (Section 939) Deeds records of Nueces County, Texas. Centerline easement of said waterline further described as follows: • COMMENCING at a point (P.O.C) 50 feet south of centerline of Joe Fulton International Trade Corridor at station 333+46 said P.O.C. Also being the point of beginning (P.O.B.) of a 16 inch City waterline easement as described in the accompanying Exhibits D & E (Page 1). • THENCE, along centerline of said 16 inch waterline for a distance of approximately 62 feet to the P.O.B. said point being 50 feet south of Joe Fulton International Trade Corridor at station 334+08. • THENCE, in a southwesterly direction at a right angle to said 16 inch waterline, passing under Fulton Lead Track and Nueces River Rail Yard Phase 2 track for a distance of approximately 98 feet to a deflection point. • THENCE, along centerline of this easement parallel to and approximately 98 feet south of said 16 inch waterline for a distance of approximately 128 feet to a deflection point. • THENCE, in a southwesterly direction, approximately 27 feet west of and parallel to the designed location of centerline entrance road to Oil Dock 14 for a distance of approximately 151 feet to a deflection point. • THENCE, deflecting to the right at approximately 22.5° for a distance of approximately 155 feet. • THENCE, deflecting to the right at approximately 45° for a distance of approximately 156 feet to a point being approximately 24 feet north of said centerline of designed location of entrance road. • THENCE, along centerline of this easement, approximately 24 feet north of and parallel to said designed location of entrance road for a distance of approximately 548 feet to a deflection point, said point being midway between design location of entrance road edge of pavement and the southeast boundary line of a one acre lease from Port of Corpus Christi to M&G Group. • THENCE, along said centerline of easement, in a southwesterly direction, 16 feet east of and parallel to a common boundary between Port of Corpus Christi and M&G Group for a distance of approximately 655 feet to the P.O.T. (Point of Terminus) with a total length of approximately 1,891 linear feet, more or less. Easement description based from office records -to be amended per as -built location of waterline. page 2 AGENDA MEMORANDUM for the City Council Meeting of September 13, 2016 DATE: TO: Mayor and Council September 6, 2016 FROM: Rebecca Huerta, City Secretary RebeccaH @cctexas.com (361) 826-3105 Discussion and consideration of an ordinance proposed by citizens through initiative proceedings to repeal the red light camera civil penalty. CAPTION: Discussion and consideration of an ordinance proposed by citizens through initiative proceedings to repeal the red light camera civil penalty. PURPOSE: The City Charter, through initiative proceedings, allows citizens to propose ordinances to the City Council. A group of citizens has filed a petition to propose an ordinance repealing the civil penalty of $75.00 against the owner of a motor vehicle that proceeds in violation of the red light at an intersection with a red light camera enforcement. BACKGROUND AND FINDINGS: On July 5, 2016, the City Secretary was presented with a statement of intent to circulate a petition to propose an ordinance repealing Section 53-97(b) of the City Code of Ordinances, which currently establishes a civil penalty of $75.00 against the owner of a motor vehicle that proceeds in violation of the red light at an intersection with a red light camera enforcement. Per the Charter, the City Attorney drafts an ordinance in legal form containing the substance of the ordinance, and the City Secretary presents the initiative for the Council's consideration. The City Council has 45 days from the date of presentment (until October 14) to consider the adoption of the ordinance as presented. If the Council fails to take action within the allotted time, then the City Secretary must provide petition pages to the petitioner for circulation among the City's registered voters. The petitioner will have 90 days to gather signatures of at least five percent of the registered voters to place a proposition on the ballot at the next regular city council elections. Within 20 days, the City Secretary will determine if enough signatures were obtained. If the petition does not contain the required number of signatures, then the petitioner has an additional 10 days to supplement signatures, with such supplemental signatures to be verified within 10 days by the City Secretary. If a valid petition is submitted, the Council would include a proposition to adopt or reject the proposed ordinance on the ballot at the next regular city council elections. To meet the requirements outlined in the Charter and election law, the proposition could be placed on a ballot no earlier than the November 2018 regular city council elections. OTHER CONSIDERATIONS The City's contract with RedFlex Traffic Systems for the photo red light enforcement program expires on April 26, 2017, at which time there is an automatic five-year renewal unless the City provides written notice of non -renewal at least 30 days before the end of the current term. For more information on the contractual and financial implications of repealing the red light camera civil penalty, please see attached fact sheet. ALTERNATIVES: The City Council is not required to act today. The Council has three options: 1. Vote in support of the ordinance on first reading and second reading. 2. Vote against the ordinance. 3. Postpone action on the item. If the Council decides not to take action today, the mayor or five council members may place the proposed ordinance on a future agenda within the next 45 days for consideration. If the ordinance is rejected or action is not taken by October 14, 2016, the City Secretary will furnish petition pages to the proponents for circulation. CONFORMITY TO CITY POLICY: The ordinance complies with requirements of the City Charter. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal Police Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital QNot 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 LIST OF SUPPORTING DOCUMENTS: Statement of Intent to Circulate Petition Ordinance Contract — Redflex Traffic Systems, Inc. Fact Sheet — Red Light Camera Program From MARGARE*A FRATILA Concerned citizen (361)-739-3029 INITIATIVE REEIVED JUL 05 2016 CITY SECREVAgygpRICEi 1. MARGARETA FRATILA, A CORPUS CHRISTI CITIZEN, RESIDING ON 3606 TRIPOLI DR, CORPUS CHRISTI, TEXAS, 78415 PROPOSING ORDINANCE REPEALING IN ITS ENTIRIi( SUBSECTION 53-297 (b) OF THE CITY OF CORPUS CHRISTI CODE ORDINANCES WHICH DEALS WITH THE IMPOSITION OF CIVIL PENALTY FOR CREATING DANGEROUS INTERSECTIONS. --/C--1-6),,14 MARGARETA FRATILA (361)739-3029 Sec. 53-297. - Imposition of civil penalty for creating dangerous intersections. I%'$ ® 0 (a) The city council finds and determines that a vehicle that proceeds into an intersection when the traffic control sigi6ahlrtthpehicle's direction of travel is emitting a steady red signal damages the public by endangering motor vehicle operators and pedestrians alike, by decreasing the efficiency of traffic control and https://www2.municode.com/library/tx/corpus_christi/codes/code_of ordinances?searchRe... 4/26/2016 Municode Library Page 4 of 9 traffic flow efforts, by increasing the number of serious accidents to which public safety agencies must respond at the expense of the taxpayers, and is operated in violation of the instructions of that traffic -control signal. (b) Except as provided in subsection (c) of this section, the owner of a motor vehicle is liable for a civil penalty of seventy-five dollars ($75.00) if the motor vehicle proceeds into an intersection at a system location when the traffic control signal for that motor vehicle's direction of travel is emitting a steady red signal, as specified by Texas Transportation Code Section 544.007(d). (Ord. No. 027136, § 1, 1-30-2007; Ord. No. 027399, 5 1, 8-28-2007) TO: City of Corpus Christi FROM: Undersigned Signers RE: Enclosed Petition DATE: Various Please take notice that we, the undersigned signers of the attached petition have designated Margareta Fratila as our agent to communicate the matter to the City Council and other appropriate City officials. Her address is 3606 Tripoli Dr., Corpus Christi, TX. 78415. Her email is margaretfratila@gmail.com Her phone number is (361) 739-3029 Thank you, The list of signatures is attached to this Petitions Initiative Photo Red Light / Traffic Enforcement - Name Address D.O.B. Signature Ih,c.1 \ Co \v �{' 't u). Cork'je.nc- to Teta 3 •y_S or�Clf"ve,- f-5•/Yla+-li,r4. ',AA) CC =k 7p - Q flOt-51/4 5i511 VA/414 CC, M 751111 (g-6 -"tib IL4I Ake earolcs 3 60' acrAel "Pr c Tx 79411 _ 10-16-13 j_Dvi CL Ici73 66aa t Ant D. yrtov -rodd i ya- 1y 71 S L h+ko Lt Dr. 7$L11 L -tea- Lisa G. 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' 932 E4tp-±;&K 0 r 78thi — 1 r 10 -0j -t D 08--17 - f t 71 If ,971'Y 1 ORDINANCE REPEALING CITY CODE OF ORDINANCE SECTION 53-297(B) REGARDING RED LIGHT CAMERA CIVIL PENALTY Whereas, Article I Section 4 of the City Charter provides that any fifty registered voters may commence initiative proceedings to propose ordinances to City Council; Whereas, on July 5, 2016, the City Secretary was presented with a petition signed by at least 50 registered voters entitled "Initiative Photo Red Light/Traffic Enforcement" attached to a Statement ("the Statement"); Whereas, the Statement contains the following text: "INITIATIVE ...Proposing Ordinance repealing in its entirety subsection 53- 297(b) of the City of Corpus Christi Code Ordinances which deals with the imposition of civil penalty for creating dangerous intersections." Whereas, Article I Section 1 of the City Charter provides that in the case of an initiative, the City Attorney shall draft an ordinance in legal form, consistent with the laws of the State and the United States, incorporating in substance the text submitted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City of Corpus Christi Code of Ordinances, is amended by repealing Section 53-297(b) in its entirety, as shown in the following struck -through text: Sec. 53-297. Imposition of civil penalty for Creating dangerous intersections. (a) The city council finds and determines that a vehicle that proceeds into an intersection when the traffic control signal for that vehicle's direction of travel is emitting a steady red signal damages the public by endangering motor vehicle operators and pedestrians alike, by decreasing the efficiency of traffic control and traffic flow efforts, by increasing the number of serious accidents to which public safety agencies must respond at the expense of the taxpayers, and is operated in violation of the instructions of that traffic -control signal. vehicle is liable for a civil penalty of seventy five dollars ($75.00) if the Mae e An An Ilk traffic control signal for that motor vchicic's dircction of travcl is cmitting a stcady red signal, as specified by Texas Transportation Code Section 544.007(d). (Ord. No. 027136, § 1, 1-30-2007; Ord. No. 027399, § 1, 8-28-2007) C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\©BCL©2C054E0A\@BCL©2C054E0A.docx 2 SECTION 2. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 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 C:\Users\GRANIC- 1\AppData\Local\Temp\BCL Technologies\easyPDF 7\©BCL©2C054E0A\@BCL©2C054E0A.docx AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND REDFLEX TRAFFIC SYSTEMS, INC. FOR PHOTO RED LIGHT ENFORCEMENT PROGRAM This Amendment ("Amendment") is made as of the date of the last signature contained herein to the Agreement for Photo Red Light Enforcement Program (the "Agreement") made on or about January 30, 2007 between Redflex Traffic Systems, Inc. ("Redflex"), a Delaware Corporation with offices located at 23751 N. 23rd Avenue, Suite 150, Phoenix Arizona 85085 and The City of Corpus Christi (the "Customer" and/or the "City"), Texas, a municipal corporation with offices at 1201 Leopard Street, Corpus Christi, Texas 78401, individually the "Party" and collectively referred to as the "Parties". RECITALS WHEREAS, Redflex has exclusive knowledge, possession and ownership of certain equipment, licenses, applications, and citation processes related to digital photo red light enforcement systems; and WHEREAS, the Customer desires to continue to engage the services of Redflex to provide certain equipment, processes and back office services so that Authorized Employees of the Customer are able to monitor, identify and enforce photo red light violations; and WHEREAS, it is a mutual objective of both Redflex and the Customer to reduce the incidence of vehicle collisions on municipal streets that will be monitored pursuant to the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the Parties amend the Agreement as follows: AMENDED TERMS AND CONDITIONS 1. Extension of Initial Term. The term of the Agreement shall be extended for an additional five (5) years ("Extended Term") commencing on April 26, 2012. Thereafter, the Agreement shall automatically renew for up to two (2) additional five (5) year terms unless the Customer provides Redflex written notice of non -renewal at least thirty (30) days prior to expiration of the then current term. 2012-068 M2012-055 3/20/12 Redflex Traffic Systems, Inc. 1 INDEXED 2. Termination for Cause. Provision 6.1. of the Agreement, entitled, "TERMINATION FOR CAUSE:" is hereby deleted in its entirety and replaced with the following language: "6.1. TERMINATION FOR CAUSE. Either party shall have the right to terminate, by written notice to the other party, this Agreement as follows: 1) after 120 days in the event of a termination for cause under provision 6.1(i) or 6.1(iv); or 2) immediately in the case of termination for cause under 6.1(ii), 6.1(iii), or 3) after the expiration of the 45 calendar day cure period in the case of termination under provision 6.1(v), if any of the following termination for cause events occur: (i) Texas or Federal laws are enacted or amended to prohibit or substantially change (the "Change") the operation of photo red light enforcement systems and the Change that affects the operation of the photo red light enforcement systems cannot be successfully resolved, cured or mitigated within 120 days after the enactment or amendment; (ii) any Court having jurisdiction over any Texas municipality or other Texas local government, rules, or Texas or Federal law declares, that results from photo red light enforcement are inadmissible in evidence; (iii) any court having jurisdiction over any Texas municipality or over any other Texas local government rules that use of photo red light enforcement systems violates State or Federal law; (iv) the City of Corpus Christi is enjoined by a Court of law from enforcement of the City ordinance regarding photographic traffic signal enforcement system or enjoined from enforcement of this contract and the injunction cannot be successfully lifted, resolved, cured or mitigated within 120 days after the injunction was entered by the Court; or (v) the other party commits any material breach of any of the provisions of this Agreement. In the event of termination due to Section 6.1(ii), or 6.1(iii), Customer shall be immediately relieved of any remaining obligations for payments to Redflex. In the event of termination due to Section 6.1(i), or 6.1(iv) above, Customer's payment obligations to Redflex shall be waived only from date of the enactment of the Change as defined in Section 6.1 (i) or date of the injunction by a Court as described in Section 6.1 (iv), until such time as the cause for the termination is successfully resolved, cured, or mitigated to the extent reasonably and legally permissible under the circumstances. In the event of termination after the expiration of the periods expressly described in section 6.1(i) or 6.1(iv), then Customer shall be immediately relieved of any remaining obligations for payment to Redflex. In the case of termination under Section 6.1 (v) above, either party shall have the right to remedy the cause for termination within forty-five calendar days (or 2 within such other time period as the Customer and Redflex shall mutually agree, which agreement shall not be unreasonably withheld or delayed), after written notice from the non -causing party setting forth in reasonable detail the events of the cause for termination. If a breach by Redflex remains uncured after forty-five calendar days, then the City may terminate the Agreement immediately by written notice to Redflex and the City shall be relieved of any further obligations for payment to Redflex. 3. Termination for Convenience. Provision 6.3 of the Agreement, entitled "TERMINATION FOR CONVENIENCE" is hereby deleted in its entirety and replaced with the following language: "6.3 TERMINATION FOR CONVENIENCE. The Customer may terminate this Agreement without cause at any time by giving thirty (30) days written notice of termination to Redflex. In the event the Customer terminates this Agreement without cause the Customer shall pay to Redflex an amount equal to the unamortized cost, as hereinafter defined, of the direct labor costs and direct material costs (but not including equipment cost and salvageable material costs) solely associated with the installation of Intersection Approaches which have been installed prior to termination based on the following: 1. A seven (7) year, month by month amortization schedule for all Intersection Approaches (referred to as the "Intersection Approach 7 Year Amortization Schedule" and attached to this Amendment as Exhibit "1"). This amortization schedule shall commence as of the "Go Live" date of each Intersection Approach. Redflex shall provide an itemization, with supporting invoices and labor expense documentation, to the Customer of the amount of direct labor costs and direct material costs (but not including equipment costs and salvageable material costs) solely associated with the installation of an Intersection Approach within thirty days of the completion of each intersection approach, said amount is expected to be in the range of $20,000 to $40,000 per Intersection Approach, but in no event shall said amount exceed $40,000 per Intersection Approach. Notwithstanding the foregoing, for each Intersection Approach for which there are between twelve (12) to twenty-four (24) complete months between the execution date of this amendment and the date of termination without cause, the unamortized cost amount to be paid by the Customer to Redflex pursuant to this section shall not exceed the amount which the Customer received from paid Notices of Violation attributable to the Intersection Approach through the date of termination. 3 4. Modifications to Exhibit "B". EXHIBIT "B" of the Agreement, entitled "Construction and Installation Obligations" is hereby amended by adding the language as follows: "Redflex shall, at Redflex' sole expense, retro -fit the following six (6) Designated Intersection Approaches from the current video detection system with inductive loops or other preferred detection devices as mutually agreed upon by both Parties in writing, in accordance with schedule mutually agreed to by Redflex and Corpus Christi Police Department Captain with oversight of the Red light camera program. 1. CCR-EVHO-01 Everhart Rd and Holly Rd (NB) 2. CCR-EVHO-02 Everhart Rd and Holly Rd (SB) 3. CCR-GRGO-01 Greenwood Dr and Gollihar (SB) 4. CCR-HOWE-0 1 Holly Rd and Weber Rd (EB) 5. CCR-OCDO-01 Ocean Dr and Doddridge Rd (NB) 6. CCR-STWI-01 Staples St and Williams Dr (NB) Redflex shall relocate the following Designated Intersection Approaches listed below if and only if 1) the City Manager approves the addition of three (3) new approaches (the "Three Additional Approaches" or "Newly Added Approaches") per each relocated Designated Intersection Approach; and 2) the "Three Additional Approaches" are successfully installed, implemented and become fully operational prior to the commencement of any relocation activities regarding any of the below Designated Intersection Approaches: 1. CCR-YOCI-01 Yorktown Blvd and Cimarron Blvd 2. CCR -MCA -01 McArdle Rd and Airline Rd (WB) — survey NB, EB and SB 3. CCR-AYBA-01 Ayers St and Baldwin Blvd (NB)" 5. Provisions Deleted from Exhibit "D". The following provisions listed below from the section entitled, "BUSINESS ASSUMPTIONS FOR ALL PRICING OPTIONS:" of EXHIBIT "D", "COMPENSATION & PRICING" are hereby deleted in their entirety: "4. A Designated Intersection Approach can be relocated to an alternative location at the request and expense of the Customer. Such costs will be supported by actual invoices from contractors providing the relocation services." and "5. NON PRODUCTIVE CAMERAS. If the Customer and Redflex mutually agree that a camera does not provide public value or has not reached the desired safety goals, a new location will be mutually selected and the camera will be moved at NO COST to the Customer. If no further locations are mutually agreed upon the Customer will inform Redflex in 4 writing and the camera will be removed at NO COST to the Customer within thirty (30) calendar days after the receipt of the written notice. The billing for the camera will stop immediately upon receipt of the written notice." 6. Provisions Added to Exhibit "D". EXHIBIT "D", entitled "COMPENSATION & PRICING", is here by amended by adding the language as follows: "Additionally, Customer shall be obligated to pay to Redflex a fixed fee of $4,870 per month for each of the Newly Added Approaches. The Cost Neutrality provisions of Exhibit D apply to fixed fees for the Newly Added Approaches." 7. Modification to EXHIBIT "A". Exhibit "A", entitled "Designated Intersection Approaches" is hereby amended to include the below quoted language as follows: "This contract is for the operation of at least thirteen (13) cameras. Selection of additional enforced intersection approaches will be determined by the City Manager upon meeting the appropriate benchmarks of violation volume, traffic volume, and crash data to be provided by the City Manager or his designee and Redflex." S. Road Repairs & Construction Projects. The operation of an installed camera shall be temporarily suspended as a result of any Customer -authorized road repairs, street improvements or stop work order that interrupts, impedes, obstructs or interferes with the successful performance of the installed camera for a period of fourteen (14) or more calendar days. 9. Commercially Reasonable Adjustments. On the third anniversary of the execution of this Amendment and each subsequent third anniversary thereafter, the Parties agree to examine in good faith the underlying financial requirements and compensation requirements of the Agreement and, if necessary, negotiate mutually acceptable and commercially reasonable adjustments ("Adjustment(s)") thereto. Any and all Adjustment(s) shall be enforceable only if in writing signed by authorized representatives of both Parties. 10. Enforceability of Non -Amended Terms and Conditions. Except as expressly amended in writing in this Amendment, the terms and conditions of the Agreement and any and all amendments, attachments and exhibits attached thereto and incorporated herewith by reference shall be unchanged and shall remain enforceable and in full force and effect. 11. Relationship Between Redflex and the City. Nothing in this Amendment or the Agreement shall create, or be deemed to create, a partnership, joint venture and/or the relationship of principal and agent and/or employer and employee between the Parties. The relationship between the Parties shall be that of independent contractors, and nothing contained herein shall permit, authorize, sanction and/or allow, at any time, either Party to incur any debts and/or liabilities on behalf of the other Party. 5 12. Headings. The captions, titles, paragraph headings used in this Amendment are for convenience only, and are not a part of this Amendment, and shall not be deemed relevant in construing and/or interpreting this Amendment. 13. Execution And Counterparts. This Amendment may be signed in counterparts, and each counterpart shall be deemed an original, but all of which shall constitute one and the same instrument. The Parties agree that such counterpart shall be effective and enforceable on or about the date of the last required signature. 14. Covenant of Further Assurances. All Parties to this Amendment shall take, undertake, approve, sanction, and perform, in full, any and all acts and activities and execute and deliver any and all certificates, documents, permits, licenses, agreements, contracts, written instruments and other papers deemed necessary and appropriate for successful and complete compliance with each and every term and condition of this Amendment. 15. Authority to Execute. The undersigned individuals hereby warrant and represent that they have full authority to execute this Amendment on behalf of the entities for which they have signed. 16. Legal Competence. The Parties hereto expressly represent and warrant that they are legally competent to execute this Amendment and that they do so of their own free will and accord without reliance on any representations of any kind or character not expressly set forth herein. 17. No Duress. The Parties expressly represent and warrant that this Amendment has been freely and voluntarily entered into and that the Parties did not execute this Amendment under duress of any kind, from any Party or person, regardless of whether they are a signatory hereto. 18. Joint Efforts. This Amendment has been prepared by the joint efforts of the respective attorneys for the Parties and each Party acknowledges and agrees that the general rule of contract construction providing that the provisions of a contract are to be strictly construed against the drafter of the agreement is hereby waived. 19. No Waiver. No waiver of any of the terms of this Amendment shall be binding unless in writing and signed by all Parties hereto. No waiver of any term of this Amendment shall be deemed a waiver of any subsequent breach or default of the same or similar nature. 20. Severability. The invalidity or unenforceability of any paragraph or provision of this Amendment shall not affect the validity or enforceability of the remainder of this Amendment, or the remainder of any paragraph or provision. This Amendment shall be construed in all respects to the fullest extent permitted by law, and as if any invalid or unenforceable paragraph or provision was omitted. 21. Understanding. The Parties to this Amendment represent that they have received independent advice of counsel concerning the meaning and legal effect of the terms of this 6 Amendment. After such counseling, the Parties represent that they fully understand this Amendment and its terms, and, with this full understanding, voluntarily enter into this Amendment as evidenced by signing it below. The Parties have read and understand all terms and conditions of this Amendment. 22. Binding Effect. This Amendment and Exhibit B and Exhibit D attached hereto shall inure to the benefit of and be binding upon the assigns and successors of the respective Parties. 7 IN WITNESS WHEREOF, the Parties hereto have executed this Amendment as set forth below. THE CITY OF CORPUS CHRISTI: Date: Signa Name: Title: ATTEST: Approved as to form: __ ' d )-0 Lisa Aguilar Assistant Ci ttorney For City Attorney ARMANDO CHAPA CITY SECREEARU `ZD " b , Au 'Huh.... rilf COUNCIL SECRETARY fv 8 REDFLEX TRAFFIC SYSTEMS, INC.: Date: Z-22-dZ S ignature-C.c-�- ! 1 Name: c i( 4 / i Title: CF6 EXHIBIT "1" "Intersection Approach 7 Year Amortization Schedule" "Go Live" Date Number of months used Months Remaining Sum of Depreciation Cap $20K - $40K "Go Live" Date Number of months used Months Remaining Sum of Depreciation Cap $20K - $40K xx/xxl20xx 0 84 $476.19 $40,000.00 xx/xx/20xx 43 41 $476.19 $19,523.83 xx/xxl20xx 1 83 8476.19 $39,523.81 xx/xx/20xx 44 40 $476.19 $19,047.64 xx/xxl20xx 2 82 $476.19 $39,047.62 xx/xxl20xx 45 39 $476.19 $18,571.45 xxlxxl20xx 3 81 $476.19 $38,571.43 xx/xx/20xx 46 38 $476.19 $18,095.26 xx/xx/20xx 4 80 $476.19 $38,095.24 xx/xx/20xx 47 37 $476.19 $17,619.07 xxlxxl20xx 5 79 $476.19 $37,619.05 xx/xx/20xx 48 36 $476.19 817,142.88 xx/xx/20xx 6 78 $476.19 $37,142.86 xx/xx/20xx 49 35 $476.19 $16,666.69 xx/xx/20xx 7 77 $476.19 $36,666.67 - - xx/xx/20xx 50 34 $476.19 $16,190.50 xx/xx/20xx 8 76 $476.19 $36,190.48 xx/xx/20xx 51 33 $476.19 $15,714.31 xx/xx/20xx 9 75 $476.19 $35,714.29 - 1 xx/xx/20xx 52 32 $476.19 $15,238.12 xx/xx/20xx 10 74 $476.19 $35,238.10 1 •. xx/xx/20xx 53 31 $476.19 $14,761.93 xx/xxl20xx 11 73 $476.19 $34,761.91 xx/xx/20xx 54 30 $476.19 $14,285.74 xx/xx/20xx 12 72 $476.19 $34,285.72 xx/xxl20xx 55 29 $476.19 $13,809.55 xxlxxl20xx 13 71 $476.19 $33,809.53 xx/xx/20xx 56 28 $476.19 $13,333.36 xx/xx/20xx 14 70 $476.19 $33,333.34 xx/xxl20xx 57 27 $476.19 $12,857.17 xx/xx/20xx 15 69 $476.19 $32,857.15 xx/xx/20xx 58 26 $476.19 $12,380.98 xx/xx/20xx 16 68 $476.19 $32,380.96 xx/xx/20xx 59 25 $476.19 $11,904.79 xx/xx/20xx 17 67 $476.19 $31,904.77 xx/xx/20xx 60 24 $476.19 811,428.60 xx/xx/20xx 18 66 8476.19 831,428.58 xx/xx/20xx 61 23 8476.19 $10,952.41 xx/xx/20xx 19 65 $476.19 $30,952.39 xx/xx/20xx 62 22 8476.19 $10,476.22 xx/xx/20xx 20 64 $476.19 830,476.20 xx/xxl207oc 63 21 $476.19 $10,000.03 xx/xx/20xx 21 63 $476.19 $30,000.01 • ' xx/xx/20xx 64 20 $476.19 $9,523.84 xx/xx/20xx 22 62 $476.19 $29,523.82 . < xx/xxl20xx 65 19 $476.19 $9,047.65 xx/xx/20xx 23 61 $476.19 $29,047.63 ;i : xx/xx/20xx 66 18 $476.19 $8,571.46 xx/xx/20xx 24 60 $476.19 $28,571.44 . ` xx/xx/20xx 67 17 $476.19 $8,095.27 xx/xxl20xx 25 59 $476.19 $28,095.25 xx/xx/20xx 68 16 $476.19 $7,619.08 xx/xx/20xx 26 58 $476.19 $27,619.06: xx/xxl20xx 69 15 $476.19 $7,142.89 xxlxxl20xx 27 57 $476.19 $27,142.87 xx/xx/20xx 70 14 $476.19 $6,666.70 xx/xx/20xx 28 56 $476.19 $26,666.68 xx/xx/20xx 71 13 $476.19 $6,190.51 xx/xxl20xx 29 55 $476.19 $26,190.49 > xx/xx/20xx 72 12 $476.19 $5,714.32 xx/xxl20xx 30 54 8476.19 $25,714.30 xx/xx/20xx 73 11 $476.19 85,238.13 xxlxxl20xx 31 53 $476.I9 $25,238.11 xx/xx/20xx 74 10 $476.19 $4,761.94 xx/xx/20xx 32 52 $476.19 $24,761.92 '' xx/xx/20xx 75 9 $476.19 $4,285.75 xx/xx/20xx 33 51 $476.19 $24,285.73 !;' xx/xxl20xx 76 8 8476.19 $3,809.56 xx/xx/20xx 34 50 $476.19 $23,809.54 xx/xxl20xx 77 7 $476.19 $3,333.37 xx/xxl20xx 35 49 $476.19 $23,333.35 xx/xxl20xx 78 6 $476.19 $2,857.18 xx/xx/20xx 36 48 $476.19 $22,857.16 xxlxx/20xx 79 5 $476.19 $2,380.99 xx/xx/20xx 37 47 $476.19 $22,380.97 , xx/xx/20xx 80 4 $476.19 $1,904.80 xx/xx/20xx 38 46 $476.19 $21,904.78.::; xx/xx/20xx 81 3 $476.19 $1,428.61 xx/xx/20xx 39 45 $476.19 $21,428.59 =: xxlxxl20xx 82 2 $476.19 $952.42 xx/xx/20xx 40 44 $476.19 $20,952.40 ` " xx/xx/20xx 83 1 $476.19 $476.23 xx/xxl20xx 41 43 $476.19 $20,476.21 xx/xx/20xx 84 0 $476.19 $0.04 xx/xx/20xx 42 42 $476.19 $20,000.02 . End of Document. 10 Potential impacts from loss of Red light Camera Civil Penalties d Light Program penditures In reviewing the petitioner's request to eliminate the seventy- five dollar ($75) civil penalty associated with the red Tight camera program, this document will provide documentation, which outlines the right to impose fines, and further breakdown the cost of the program. These costs outline the actual expense to operate the program, which in the absence of imposed fines, would reflect the cost to the police department to operate such a program in an education -only capacity Authority To Impose Civil Penalty The governing body of a local authority by ordinance may implement a photographic traffic signal enforcement system and provide that the owner of a motor vehicle is liable to the local authority for a civil penalty if, while facing only a steady red signal displayed by an electrically operated traffic - control signal located in the local authority, the vehicle is operated in violation of the instructions of that traffic -control signal, as specified by Section 544.007(d). II. Financial Obligations Redflex Camera Contract In 2007 City of Corpus Christi entered into a 5 -year contract with Redflex to provide thirteen (13) red light camera systems at a lease cost of $ 4870.00 a camera per month. In 2012, the city renewed the contract, which runs through April 27, 2017, and the contract can be cancelled with thirty (30) days' notice. III. Operation Cost The chart below represents what the cost to the City of Corpus Christi would be should they elect not to collect the civil penalty and still continue to operate the Red Light Camera Program: Full time Police officer $ 94,226.57 Management Assistant $ 47,249.68 Management Assistant $ 40,744.43 Clothing $ 3,441.00 Minor tools & equip $ 5,000.00 Office Supplies $ 800.00 Postage charges Rentals/Building rent $ 250.00 $ 8,000.00 Non Capital Lease Police Vision ins Sworn Employee Dental Rental of 13 cameras for 1 year Municipal Information Systems Total: $ 3,889.00 $ 182.00 $ 780.00 $ 759,720.00 $ 32,184.00 $996,466.68 IV. What the Revenue From the Program Funds Penalties collected in excess of the expenses needed to operate the program are used to fund the below listed Traffic Safety Programs: • 27 School Crossing Guards • School Zone updates (Flashing Lights) • Technology to improve traffic enforcement and safety • Traffic Officer training (Drug Recognition Experts) • Laser Mapping equipment for crash investigations • Electronic ticket writers • Vehicle detection systems for intersections AGENDA MEMORANDUM Action Item for the City Council Meeting of September 13, 2016 DATE: August 31, 2016 TO: Margie C. Rose, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Ordinance Adopting the Fiscal Year 2017 Property Tax Rate CAPTION: Ordinance setting a property tax rate of $0.606264 per $100 valuation which is effectively a 4.01 % increase over the effective tax rate; and declaring an emergency. PURPOSE: Chapter 26.05 of the Tax Code states that a governing body of a taxing unit shall adopt a property tax rate before the later of September 30 or the 60th day after the date the certified appraisal roll is received by the taxing unit. This agenda item is in compliance with the Tax Code and will set the tax rate at $0.606264 per $100 valuation, which was the rate used to determine the ad valorem tax rate revenue included in the fiscal year 2016-2017 operating budget. This rate is the same rate in effect for fiscal year 2015- 2016. BACKGROUND AND FINDINGS: If a proposed property tax rate exceeds the effective tax rate, 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. This vote was taken on August 9, 2016. Subsequently, two public hearings were held — one on August 23, 2016, and the second on August 30, 2016. This agenda item is required to set the property tax rate for fiscal year 2016-2017. Since the property tax rate of $0.606264 per $100 valuation exceeds the effective tax rate of $0.582901 per $100 valuation, specific wording is required in the ordinance to adopt the tax rate. It should be noted that two different percentage "increases" are noted in the ordinance. The first amount listed in the caption represents the percentage change between the total proposed tax rate ($0.606264) and the total effective tax rate ($0.582901). The second amount listed in the body of the ordinance represents the percentage change in the maintenance and operations portion of the proposed tax rate ($0.376806) to the maintenance and operations portion of the effective tax rate ($0.369859). This is in compliance with the specific wording outlined in the Tax Code. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: Staff is requesting an emergency reading due to the fact that Section 26.06(e) of the Tax Code specifies that the meeting to vote on the tax "increase" may not be earlier than the third day or later than the 14th day after the date of the second public hearing. Since the second public hearing was held on August 30th, the 14th day after that date is September 13th - the date of the vote on the property tax rate. DEPARTMENTAL CLEARANCES: • City Attorney's Office FINANCIAL IMPACT: Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget- - $ 109,159,000 $ 109,159,000 Encumbered/Expended amount of (date)- - - - This item- $ 109,159,000 $ 109,159,000 BALANCE - - $ - $ - FUND(S): General Fund $67,845,000 Debt Service Fund $41,314,000 COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: • Ordinance Ordinance setting a property tax rate of $0.606264 per $100 valuation which is effectively a 4.01% increase over the effective tax rate; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council of the City of Corpus Christi does hereby levy and adopt the ad valorem tax rate on $100 valuation for this city for tax year 2016 as follows: $0.376806 for the purpose of maintenance and operation 0.229458 for payment of principal and interest on debt $0.606264 Total Tax Rate THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 1.88 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $6.95. SECTION 2. There is hereby levied, to be assessed and collected in current money of the United States of America, for the use of the City of Corpus Christi, Texas, for the tax year 2016 and for each succeeding tax year thereafter, until otherwise provided and ordained, an annual ad valorem tax of $0.376806 on each one hundred dollar value on all property, real, personal, and mixed, located within the City of Corpus Christi upon which a tax is authorized to be levied by law and upon all franchises of all individuals, partners, and corporations holding franchises in the City for defrayment of current expenses of the government including, but not limited to, street improvements of the City of Corpus Christi. Said tax shall be assessed upon 100 percent of the market value of property subject thereto. SECTION 3. There is hereby levied, to be assessed and collected in current money of the United States of America, for the use of the City of Corpus Christi, Texas, for the tax year 2016 and for each succeeding tax year thereafter, until otherwise provided and ordained, an annual ad valorem tax of $0.229458 on each one hundred dollar value on all property, real, personal, and mixed, and franchises described in Section 2 of this ordinance and assessed upon 100 percent of the market value of property subject thereto, said taxes to be appropriated for the purpose of creating a sinking fund to pay the interest and principal maturities on all outstanding City of Corpus Christi bonds not otherwise provided for and including the interest, agent fees, and maturities of the following City of Corpus Christi bonds: Page 1 of 5 ANNUAL DEBT SERVICE DUE FY 2016-2017 Page 2 of 5 Principal Interest & Fees Total 2007 Certificates of Obligation $0 $43,969 $43,969 2007 General Obligation $0 $96,875 $96,875 2007A General Obligation $1,520,000 $30,400 $1,550,400 2008 Certificates of Obligation $275,000 $16,900 $291,900 2009 General Obligation $3,760,000 $231,800 $3,991,800 2009 Certificates of Obligation $345,000 $45,875 $390,875 2010 General Obligation $580,000 $398,613 $978,613 2010 Certificates of Obligation $125,000 $94,101 $219,101 2010 Combination Tax & Surplus Airport Certificates of Obligation $225,000 $252,900 $477,900 2012 General Obligation $1,915,000 $1,788,644 $3,703,644 2012 Combination Tax & Surplus Airport Certificates of Obligation (AMT) $180,000 $214,850 $394,850 2012 Public Property Contractual Obligation $595,000 $104,648 $699,648 2012A General Improvement (Airport) AMT $795,000 $149,619 $944,619 2012B General Improvement (Airport) Non -AMT $50,000 $313,481 $363,481 2012C General Obligation $2,890,000 $795,750 $3,685,750 2012D General Obligation $8,625,000 $2,443,597 $11,068,597 2013 General Obligation $3,055,000 $3,561,500 $6,616,500 Page 2 of 5 In addition to the ad valorem tax levy for debt service totaling $39,255,712, the balance of this debt, if any, incurred by the City of Corpus Christi shall be funded from sources other than ad valorem taxes. SECTION 4. All taxes for the tax year 2016 hereby levied shall be due on receipt of the tax bill and shall be delinquent if not paid before February 1, 2017, except as otherwise provided in the Texas Property Tax Code; and penalty and interest shall be due on any delinquent taxes as provided by Chapter 33 of the Property Tax Code. No discount shall be allowed for early payment of taxes. The Texas Constitution, Property Tax Code, and other applicable laws shall govern all matters related to the taxes levied herein, and the City shall have all authority thereunder. Page 3 of 5 Principal Interest & Fees Total 2014 Public Property Contractual Obligation $685,000 $178,913 $863,913 2014 Tax Notes $1,120,000 $81,158 $1,201,158 2015 Tax Notes $595,000 $164,448 $759,448 2015 General Obligation $3,075,000 $3,869,350 $6,944,350 2015 Certificates of Obligation $80,000 $64,463 $144,463 2015 Certificates of Obligation (Taxable) $385,000 $327,643 712,643 2015 General Improvement Refunding Bonds (2007A) $0 $741,724 $741,724 2015 General Improvement Refunding Bonds (2009) $0 $2,236,176 $2,236,176 2016A Tax and Limited Pledge Certificates of Obligation $585,000 $595,300 $1,180,300 2016A General Improvement Refunding Bonds $45,000 $597,450 $642,450 Total required for 2016 debt service $31,505,000 $19,440,147 $50,945,147 Less: Amount paid from unencumbered fund balance ($5,816,429) Less: Transfers for self- supporting debt ($5,873,006) Total to be paid from taxes in FY 2017 $39,255,712 In addition to the ad valorem tax levy for debt service totaling $39,255,712, the balance of this debt, if any, incurred by the City of Corpus Christi shall be funded from sources other than ad valorem taxes. SECTION 4. All taxes for the tax year 2016 hereby levied shall be due on receipt of the tax bill and shall be delinquent if not paid before February 1, 2017, except as otherwise provided in the Texas Property Tax Code; and penalty and interest shall be due on any delinquent taxes as provided by Chapter 33 of the Property Tax Code. No discount shall be allowed for early payment of taxes. The Texas Constitution, Property Tax Code, and other applicable laws shall govern all matters related to the taxes levied herein, and the City shall have all authority thereunder. Page 3 of 5 SECTION 5. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 6. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) 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 13th day of September, 2016. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor 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, Council Members Nelda Martinez Mayor Page 4 of 5 The above ordinance was passed by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre Page 5 of 5 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 13, 2016 Second Reading Ordinance for the City Council Meeting of September 20, 2016 DATE: August 30, 2016 TO: Margie C. Rose, City Manager FROM: Christine Garza, M.B.A. Interim Assistant Director of Management & Budget ChristineG@cctexas.com (361) 826-3792 Adoption of Proposed FY 2016-2017 Operating Budget CAPTION: Ordinance adopting the City of Corpus Christi operating budget for the fiscal year 2016-2017 beginning October 1, 2016; to be filed with the County Clerk; appropriating monies as provided in the budget; and providing for severance. PURPOSE: To adopt budget for upcoming fiscal year as per charter requirement. Section 102.007(c) of the Texas Local Government Code provides that adoption of a budget that will require raising more revenue from property taxes than in the previous year does require a separate vote of the City Council to ratify the property tax increase reflected in the budget. A vote under 102.007(c) is in addition to and separate from the vote to adopt the budget or the vote to set the tax rate. Therefore, a separate vote from City Council is required after each vote to adopt the budget: "Motion to ratify adoption of the FY 2016-2017 Operating Budget, as amended, that will raise more revenue from property taxes than in the previous fiscal year, as reflected in the adopted budget." BACKGROUND AND FINDINGS: City Charter requires City Council to review and act on the Operating Budget on a yearly basis. ALTERNATIVES: None. Approval of the budget is required by the City Charter. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This item conforms to City Policies. EMERGENCY / NON -EMERGENCY: This item requires two readings. The second reading will be at the regular September 20, 2016 City Council meeting. DEPARTMENTAL CLEARANCES: Office of Management and Budget FINANCIAL IMPACT: X Operating X 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 879,534,697 879,534,697 BALANCE 879,534,697 879,534,697 Fund(s): All Operating Funds -Expenditures Comments: Total proposed expenditures are $879,534,697and total proposed revenues are $864,617,372 which includes an increase of $5,119,202 in property tax revenues over the prior year. RECOMMENDATION: Approval of Ordinance as submitted. LIST OF SUPPORTING DOCUMENTS: FY 2016-2017 Budget Ordinance Schedule of Amendments AN ORDINANCE ADOPTING THE CITY OF CORPUS CHRISTI OPERATING BUDGET FOR THE FISCAL YEAR 2016-2017 BEGINNING OCTOBER 1, 2016; TO BE FILED WITH THE COUNTY CLERK; APPROPRIATING MONIES AS PROVIDED IN THE BUDGET; AND PROVIDING FOR SEVERANCE. WHEREAS, the City Manager of the City of Corpus Christi (City), pursuant to Article IV, Section 2 of the City Charter, did submit to the City Council a budget proposal (Budget Proposal) of the revenues of the City, and the expenses of conducting the affairs thereof for the ensuing fiscal year beginning October 1, 2016, and ending September 30, 2017, and which Budget Proposal had been compiled from detailed information from the several departments, divisions, offices of the City, in accordance with the City Charter provision referenced above; and WHEREAS, the members of the City Council have received and studied the City Manager's Budget Proposal and have called and held the proper hearing in accordance with Section 102.006, Texas Local Government Code, on the Budget Proposal; and WHEREAS, pursuant to Section 2(f), Article IV, of the City Charter of the City of Corpus Christi, Texas, the City Council must appropriate such sums of money as provided in the Budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Budget of the City of Corpus Christi, covering proposed expenditures amounting to $879,534,697 and estimated revenues amounting to $864,617,372 for the Fiscal Year beginning October 1, 2016, and ending September 30, 2017, as submitted by the City Manager, with modifications directed by the City Council and recorded in its minutes being incorporated by reference, is adopted. SECTION 2. That upon the passage of this ordinance certain sums of money from all sources of City revenues, as described in the Budget, shall be and they are appropriated to cover the sums for expenditures and investments as provided for each of the several funds in the Budget, as modified by the City Council. Notwithstanding any other provision to the contrary, the City Manager is authorized to make transfers within departments, divisions, purposes, or funds, provided it is in accordance with applicable law. SECTION 3. Police Officer Positions The number of positions authorized for each police officer classification in the Police Department shall be: Police officer and senior police officer - 436* Police Lieutenant - 39 Police Captain - 16 Police Commander - 4 Assistant Police Chief - 3 Police Chief - 1 FY16-17 TOTAL 499 * These positions are interchangeable. Any police officer may become a senior police officer after 60 months' service by passing a pass/fail exam. This number may be temporarily increased by graduates from a police academy authorized by the City Manager, which temporary increase shall be reduced to budgeted total through attrition. SECTION 4. Firefighter Positions The number of positions authorized for each firefighter classification in the Fire Department shall be: Firefighter - 134* Firefighter II —EMS — 109 Firefighter II — Engineer - 73 Fire Captain - 79 Battalion Chief - 13 Assistant Fire Chief - 4 Deputy Fire Chief - 1 Fire Chief - 1 FY16-17 TOTAL 414 *This number may be temporarily increased by graduates from a fire academy authorized by the City Manager, which temporary increase shall be reduced to budgeted total through attrition. SECTION 5. That upon final passage of this budget ordinance, a true certified copy of this same ordinance shall be transmitted by the City Manager to the County Clerk of Nueces County, Texas, pursuant to Section 102.011, Texas Local Government Code. The budget shall also be part of the archives of the City. SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision in this ordinance be given full force and effect for 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 Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Michael Hunter PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Attachment A - Schedule of Adjustments City of Corpus Christi Amendments to the FY 2016-2017 Proposed Budget TOTAL PROPOSED REVENUES $ 864,617,372 TOTAL PROPOSED EXPENDITURES $ 879,534,697 General Fund - 1020 Proposed Revenues 230,749,915 Adjustments: Latchkey Service Fee 236,750 Total Adjusted Revenues $ 230,986,665 Proposed Expenditures $ 231,749,915 Adjustments: Latchkey Operating Expenses 222,545 Transfer to Street Fund 1041 14,205 Increase City Secretary Expenditures to Account for Election Costs 350,000 Reduce General Fund Reserve for Appropriations Due to City Secretary Election Costs (350,000) Total Adjusted Expenditures $ 231,986,665 INTERNAL SERVICES FUNDS Fleet - 5110 Proposed Revenues Adjustments: Repair fees - non fleet Direct part sales Sale of scrap/city property Interest on investments Net gain on sale of assets Recovery on damage claims 18,732,134 15,000 10,000 10,000 19,200 60,000 30,000 Total Adjusted Revenues $ 18,876,334 Police Health - 5609 Proposed Expenditures $ 9,552,808 Adjustments: Health Plan Redesign (1,174,631) Total Adjusted Expenditures $ 8,378,177 Group Health - 5610 Proposed Expenditures $ 20,850,944 Adjustments: Health Plan Redesign (2,700,686) Total Adjusted Expenditures $ 18,150,258 SPECIAL REVENUE FUNDS Redlight Photo Enforcement - 1045 Proposed Revenues $ 1,750,000 Adjustments: Redlight Photo Enforcement Revenue 250,000 Total Adjusted Revenue $ 2,000,000 Street Fund - 1041 Proposed Revenues Adjustments: Additional Transfer from General Fund Total Adjusted Revenues 31,591,533 14,205 31, 605, 738 Gas System Debt Fund - 4420 Proposed Expenditures Adjustments: Gas System Debt Payment Total Adjusted Expenditures 1,252,990 136,979 1,389,969 TOTAL PROPOSED AMENDED REVENUES TOTAL PROPOSED AMENDED EXPENDITURES 865,262,527 $ 876,033,109 SUMMARY OF ADJUSTMENTS General Fund Revenue Parks & Recreation — Latchkey $236,750 Expenditures Parks & Recreation — Latchkey $222,545 Transfer to Streets Fund 1041 14,205 Special Revenue Funds Revenue Streets Main Fund — Transfer from GF $ 14,205 AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of August 30, 2016 Action Agenda Item for the City Council Meeting of September 13, 2016 DATE: TO: 8/16/2016 Margie C. Rose, City Manager FROM: Stacie Talbert Anaya, Interim Director of Parks and Recreation Staciet@cctexas.com 361-826-3464 FY17 Parks and Recreation Fees CAPTION: Resolution adding new rental and recreational use fees for fiscal year 2016-2017 and providing for publication; effective date; and severance of the same. PURPOSE: Approve proposed new fees for fiscal year 2016-2017. BACKGROUND AND FINDINGS: All new fees have been included in the FY17 proposed budget as revenue. Athletics, Aquatics, Recreation Centers, and the Oso Bay Wetland Preserve and Learning Center have new fees for the FY17 fiscal year. A new Security Deposit fee has been placed on the fee schedule for vendor permit's, along with a three day camping permit at Labonte Park for RV's and designated holidays. Doggie Dip, Micro Soccer, and Spring Break Fishing Camp were all successful pilot programs for the department. The opening of the Oso Bay Wetland Preserve has added additional fees for new programming. ALTERNATIVES: Do not approve resolution. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council must approve all new fees, and fees increasing by more than 25%. EMERGENCY / NON -EMERGENCY: Non -Emergency FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X 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 0.00 0.00 BALANCE Fund(s): General Fund Comments: RECOMMENDATION: Approve the proposed resolution. LIST OF SUPPORTING DOCUMENTS: Resolution Exhibit A — FY17 New Fees Attachment — FY17 Proposed Fee Schedule and Revenues for the Parks and Recreation Department Resolution adding new rental and recreational use fees for fiscal year 2016-2017 and providing for publication; effective date; and severance of the same. Whereas, Section 36-7 of the Code of Ordinances requires City Council approval, by motion or resolution, for creation of any new user fees, or increases of existing user fees by more than 25 percent, for parks and recreation department facility use; Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council approves new user fees for parks and recreation department recreational use fees as shown in Exhibit A attached, for Fiscal Year 2016- 17. Section 2. This resolution is effective October 1, 2016. Section 3. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. Section 4. The City Council intends that every section, paragraph, subdivision, phrase, word and provision of this resolution be given full force and effect for its purpose. If any section, paragraph, subdivision, clause, phrase, word or provision of this resolution is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this resolution. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Corpus Christi, Texas of Nelda Martinez, Mayor The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Michael Hunter Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn EXHIBIT A FY17 NEW FEES - Parks and Recreation Program Area Proposed Fee PERCENT CHANGE Section 1. ATHLETICS Greenwood Softball Complex Security Deposit $65.00 NEW Court Rental @ Outdoor Facilities (Tennis & Basketball Courts) 3 hr min $25.00 NEW Court Rental @ Outdoor Facilities Security Deposit Rental $50.00 NEW Section 2. AQUATICS Doggie Dip $5.00 NEW Splash Party during general swim hours - Collier $100.00 NEW Splash Party during general swim hours - Oso/West Guth $50.00 NEW Splash Party during general swim hours - Natatorium $75.00 NEW Splash Party during general swim hours - HEB/Greenwood $125.00 NEW Section 4. RECREATION CENTERS Micro Soccer $45.00 NEW Micro Soccer with late registration fee $60.00 NEW Spring Break Fishing Camp $25.00 NEW Section 5. OSO BAY WETLAND PRESERVE School Field Trips (1 - 25 people) $75.00 NEW School Field Trip (26 - 50 people) $150.00 NEW School Field Trip (51 - 75 people) $225.00 NEW Private / Guided hike, 1 hour (group rate) $75.00 NEW Yoga classes (4 classes) $30.00 NEW Section 10. SPECIAL SERVICES Vendor Permits Security Deposit $ 250.00 NEW Labonte Park - 3 -day camping permit for RVs designated holidays $ 50.00 NEW Entry to community parks for Holiday weekends/special events per vehicle/weekend $ 5.00 NEW Parks and Recreation Department FY17 PROPOSED FEE SCHEDULE AND REVENUES DESCRIPTION FY15-16 Proposed FY16-17 A. w _ C•1 Z z Section 1. ATHLETICS A. Adult Athletic Events: Includes awards and officials. Volleyball - Regular Season, 1 referee $ 125.00 per team per season Recreational League (Basketball, Softball, Flag Football, etc.) $ 400.00 per team $ 400.00 per team 0.0% B. Youth Athletic Events: Includes awards, and medical insurance. Middle school and High School girls Volleyball - regular season $ 175.00 per team per season $ 175.00 per team per season 0.0% Basketball Regular Season Athletics age 6 to 18 $ 65.00 per child $ 65.00 per child 0.0% Scholarship lst child $ 30.00 per child $ 30.00 per child 0.0% Scholarship each additional child $ 25.00 per child $ 25.00 per child 0.0% Late registration fee $ 15.00 per child $ 15.00 per child 0.0% High School Varsity Boys & Girls Basketball League $ 350.00 per team $ 350.00 per team 0.0% City Basketball registration fees may be adjusted based on the cost to the City for gymnasium rentals. No post season tournament Girls Fast pitch Regular Season, w/playoff $ 350.00 per team per season $ 350.00 per team per season 0.0% Late registration fee $ 25.00 per team per season $ 25.00 per team per season 0.0% DESCRIPTION FY15-16 Proposed FY16-17 gw - N Youth Baseball Summer season, with top 50% in each division playoffs $ 525.00 per team per season $ 525.00 per team per season 0.0% Late registration fee $ 25.00 per team per season $ 25.00 per team per season 0.0% Fall season $ 275.00 per team per season $ 275.00 per team per season 0.0% C. Tournament Events Basketball $ 150.00 per team $ 150.00 per team 0.0% Basketball - Multiple teams $ 125.00 per team $ 125.00 per team 0.0% Baseball -18 & up $ 375.00 per team $ 375.00 per team 0.0% Baseball - 16 & up $ 375.00 per team $ 375.00 per team 0.0% Baseball - 14 & up $ 300.00 per team $ 300.00 per team 0.0% Baseball - 12 & up $ 250.00 per team $ 250.00 per team 0.0% Baseball - 10 & up $ 200.00 per team $ 200.00 per team 0.0% D. Athletic Field Rentals Dick Runyan / Paul Jones Youth Rental fee per field $ 45.00 per hour $ 45.00 per hour 0.0% Youth Baseball Field Tournament Rental Fee $ 300.00 per field per day $ 300.00 per field per day 0.0% Westside - whole complex (youth only) $ 800.00 per day $ 800.00 per day 0.0% Adult Rental fee per field $ 55.00 per hour $ 55.00 per hour 0.0% Adult Tournament/Camp Rentals fee per day $ 30.00 per hr per field $ 30.00 per hr per field 0.0% Adult Tournament/Camp Rentals fee per day $ 350.00 per field per day $ 350.00 per field per day 0.0% Greenwood Softball Complex Youth Rental fee per field $ 40.00 /hr $ 40.00 /hr 0.0% Adult Rental fee per field $ 50.00 /hr $ 50.00 /hr 0.0% Youth/Adult Tournament Rentals fee $ 250.00 per day per field $ 250.00 per day per field 0.0% Multiple teams/multiple tourney rental fee with more than 40 teams $ 100.00 per day per field $ 100.00 per day per field 0.0% Multiple teams rental fee with more than 40 teams $ 150.00 per day per field $ 150.00 per day per field 0.0% Security Deposit $ - $ 65.00 per rental #DIV/0! N Salinas Multipurpose Complex 2 DESCRIPTION FY15-16 Proposed FY16-17 N w Z Pavilion Rental $ 120.00 per 4 hours $ 120.00 per 4 hours 0.0% Youth Rental fee per field $ 40.00 /hr $ 40.00 /hr 0.0% Adult Rental fee per field $ 50.00 /hr $ 50.00 /hr 0.0% Football Youth/Adult Tournament Rentals fee (less than 40 teams $ 250.00 per day per field $ 250.00 per day per field 0.0% Soccer Youth/Adult Tournament Rentals fee (less than 40 teams) $ 250.00 per day per field $ 250.00 per day per field 0.0% Multiple teams/multiple tourney rental fee with more than 40 team $ 100.00 per day per field $ 100.00 per day per field 0.0% Multiple teams rental fee with more than 40 teams $ 150.00 per day per field $ 150.00 per day per field 0.0% E. Gymnasiums Rentals (4 hrs or more) Additional hour; Hourly Rate $ 35.00 per hour $ 40.00 per hour 14.3% Security Deposit per gym $ 50.00 per rental, per gym $ 50.00 per rental, per gym 0.0% Staff Utility and Building Fee $ 75.00 per rental $ 75.00 per rental 0.0% Youth Basketball tournament rental (12 hr. Max) $ 330.00 peF- ey $ 330.06 perday 0.0°% F. Court timc for Bcn Garza & Corpus Chriati Cym $ 20.00 $ 20.00 0.0°% practice during hours, hour limit rcgular one 1/2 court youth Full court $ 30.00 pe-lieeF e $ 30.00 per-heu+ -FAR -e 0.0°% youth 1/2 court adult; $ 25.00 iseF+e $ 25.00 {se 0.0°% Full court adulta $ 40.00 per -haw $ 40.00 peF+,eu+ eeFF 0.0°% Ben Garza Gym Gym $ 125.00 peF+eFe /1 hra $ 125.00 per- Pi hr 0 y, Wcight room $ 55.00 /1 hra $ 55.00 /1 hra 0.0°% Entirc facility $ 150.00 /1 hra $ 150.00 /4 hra 0.0°% Additional hours Hourly $ 35.00 /hr $ 40.00 /hr 14.3% rate Corpus Christi Gym Cym $ 200.00 /4 hra $ 200.00 /4 hra 0.0°% Additional hours Hourly $ 35.00 /hr $ 40.00 /hr 14.3% rate G. Court Rental @ Outdoor Facilities (Tennis & Basketball Courts) 3 DESCRIPTION FY15-16 Proposed FY16-17 gw - N Full Court $ 25.00 per hour /3 hour Min. #DIV/0! N Security Deposit Rental $ 50.00 per rental #DIV/0! N H. Youth Sports Camps (Instructor/City portions) $ 60.00 per child $ 60.00 per child 0.0% Volleyball $ 60.00 per child $ 60.00 per child 0.0% Football $ 60.00 per child $ 60.00 per child 0.0% Basketball $ 60.00 per child $ 60.00 per child 0.0% Soccer $ 60.00 per child $ 60.00 per child 0.0% Ninja $ 60.00 per child $ 60.00 per child 0.0% Baseball $ 60.00 per child $ 60.00 per child 0.0% Cheer $ 60.00 per child $ 60.00 per child 0.0% I. Athletics class fee split (Instructor/City split) 65% Instructor / 35% City 65% Instructor / 35% City Section 2. AQUATICS A. General Admission Youth 17 & under $ 1.00 each $ 1.00 each 0.0% Adults 18 - 59 $ 3.00 each $ 3.00 each 0.0% Seniors 60 & over (all pools) $ 1.25 each $ 1.25 each 0.0% Crccnwood Pool Slidc Wristband $ 1.00 ctiach $ ctiach na Doggie Dip $ 5.00 per dog & Owner #DIV/0! N B. Punch Card (11 admissions) Youth $ 10.00 each $ 10.00 each 0.0% Adult $ 30.00 each $ 30.00 each 0.0% Senior $ 12.50 each $ 12.50 each 0.0% Annual Swim Passes Youth $ 187.50 $ 187.50 each 0.0% Adult $ 350.00 $ 350.00 each 0.0% Senior $ 250.00 $ 250.00 each 0.0% Seasonal Swim Passes (Spring, Summer & Fall") 4 DESCRIPTION FY15-16 Proposed FY16-17 A. w - N Z z Youth $ 62.50 $ 62.50 each 0.0% Adult $ 135.00 $ 135.00 each 0.0% Senior $ 90.00 $ 90.00 each 0.0% Family (minimum of 4 members) $ 275.00 $ 275.00 each 0.0% U.S. Swim Team Member (per season - short & long course) Youth $ 95.00 $ 95.00 each 0.0% Adult $ 165.00 $ 165.00 each 0.0% * Spring: January 1 to April 30 Summer: May 1 to August 31 Fall: September 1 to December 31 C. City Swim Leagues City TAAF Swim League $ 60.00 $ 60.00 each 0.0% City TAAF Scholarship fee per session per child $ 30.00 $ 30.00 each 0.0% TAAF Regional Swim Meet $ 7.00 $ 7.00 each 0.0% TAAF Regional Swim Meet (relay) $ 14.00 $ 14.00 each 0.0% City Championship Swim Meet $ 4.00 $ 4.00 each 0.0% City Championship Swim Meet (relay) $ 10.00 $ 10.00 each 0.0% TAAF State Swim Meet Entries (fee is set by TAAF) D. Visiting Leagues Red & Green league $ 5.00 $ 5.00 each 0.0% Blue & Gold league $ 5.00 $ 5.00 each 0.0% E. Family Night Swim- No longer have this Five person family $ 7.50 Per family $ 7.50 Per family 0.0% F. Splash Parties - 2 hours Outdoor pools 5 DESCRIPTION FY15-16 Proposed FY16-17 A. w - N Z z 1 - 50 (Number of persons) $ 200.00 $ 200.00 0.0% 51 - 100 $ 250.00 $ 250.00 0.0% 101 - 150 $ 300.00 $ 300.00 0.0% 151 - 200 $ 350.00 $ 350.00 0.0% 201 - 250 $ 400.00 $ 400.00 0.0% 251 & up $ 450.00 $ 450.00 0.0% during General Swim - Collier $ 100.00 #DIV/0! N during General Swim - WG/Oso $ 50.00 #DIV/0! N Natatorium 1 - 50 (Number of persons) $ 250.00 $ 250.00 0.0% 51 - 100 $ 300.00 $ 300.00 0.0% 101 - 150 $ 350.00 $ 350.00 0.0% 151 - 200 $ 400.00 $ 400.00 0.0% 201 - 250 $ 450.00 $ 450.00 0.0% 251 - 300 $ 500.00 $ 500.00 0.0% 300 & up $ 550.00 $ 550.00 0.0% during General Swim $ 75.00 #DIV/0! N Greenwood & HEB Pools 1 - 50 (Number of persons) $ 300.00 $ 300.00 0.0% 51 - 100 $ 350.00 $ 350.00 0.0% 101 - 150 $ 400.00 $ 400.00 0.0% 151 - 200 $ 450.00 $ 450.00 0.0% 201 - 250 $ 500.00 $ 500.00 0.0% 251 - 300 $ 550.00 $ 550.00 0.0% 300 & up $ 600.00 $ 600.00 0.0% during General Swim $ 125.00 #DIV/0! N G. Swimming Pool Reservation Agreement Fees (swim teams/instruction) Lane rental 25 yard/meters per lane per hour $ 5.00 $ 5.00 0.0% 6 DESCRIPTION FY15-16 Proposed FY16-17 A. w - N Z z 25 yard/meters pool per hour $ 40.00 $ 40.00 0.0% 50 meters per lane per hour $ 10.00 $ 10.00 0.0% 50 meters pool per hour $ 80.00 $ 80.00 0.0% H. Special Usage Fee (training room) $ 30.00 $ 30.00 0.0% I. Deposit (refundable cleanup deposit) $ 250.00 $ 250.00 0.0% J. Additional City Staff (fees do not include set up or additional lifeguards) Facility set up $ 50.00 $ 50.00 0.0% Lifeguards $ 16.00 $ 16.00 0.0% Computer Operator $ 20.00 $ 20.00 0.0% Timing Operator $ 20.00 $ 20.00 0.0% Laptop usage fee for swim meets $ 150.00 $ 150.00 0.0% K. One Timing System (for out-of-city teams) One day $ 400.00 $ 400.00 0.0% Two days $ 600.00 $ 600.00 0.0% Three days $ 750.00 $ 750.00 0.0% L. Two Timing Systems (for out-of-city teams) One day $ 525.00 $ 525.00 0.0% Two days $ 725.00 $ 725.00 0.0% Three days $ 875.00 $ 875.00 0.0% M. Swimming Pool Instruction Fees Swim lessons $ 40.00 $ 40.00 0.0% Private swim lesson '4-pack' $ 65.00 $ 65.00 0.0% Scholarship fee per session per child $ 30.00 $ 30.00 0.0% Water Aerobics $ 4.00 $ 4.00 0.0% Water Aerobics punch card $ 24.00 $ 24.00 0.0% 7 DESCRIPTION FY15-16 Proposed FY16-17 A. w - N Z z Red Cross Classes Jr. Lifeguard Camp $ 60.00 $ 60.00 0.0% Lifeguard Classes $ 150.00 $ 150.00 0.0% Water Safety Instruction Training $ 175.00 $ 175.00 0.0% Lifeguard Instructor Training $ 175.00 $ 175.00 0.0% Section 3. TENNIS A. Annual/Semi-annual Fees Adult annual $ 160.00 $ 160.00 0.0% Adult semi-annual $ 110.00 $ 110.00 0.0% Youth annual $ 75.00 $ 75.00 0.0% Youth semi-annual $ 60.00 $ 60.00 0.0% Family annual $ 300.00 $ 300.00 0.0% Family semi-annual $ 160.00 $ 160.00 0.0% Family semi-annual plus $ 275.00 $ 275.00 0.0% Three month pass for Non-Texas residents only $ 60.00 / three mos $ 60.00 / three mos 0.0% B. Court Fees Per player (without permit) $ 3.00 $ 3.00 0.0% Per player (tennis league $ 1.80 $ 1.80 0.0% C. Civic & Corporate tournaments HEB max 22 courts $ 4.00 $ 4.00 0.0% Al Kruse max 8 courts $ 4.00 $ 4.00 0.0% D. Sanctioned Tournaments HEB max 22 courts $ 175.00 $ 175.00 0.0% Family court permit/year $ 300.00 $ 300.00 0.0% Al Kruse max 8 courts $ 90.00 $ 90.00 0.0% Family court permit/year $ 160.00 $ 160.00 0.0% School team matches and tournaments $ 2.50 $ 2.50 0.0% 8 DESCRIPTION FY15-16 Proposed FY16-17 A. w - N Z z E. HEB Covered Court Pavilion Fees Per person Monday through Friday: 8:00 am - 5:00 pm Singles $ 7.00 $ 7.00 0.0% Doubles $ 7.00 $ 7.00 0.0% 5:00 pm - 9:30 pm Singles $ 7.00 $ 7.00 0.0% Doubles $ 7.00 $ 7.00 0.0% Per person weekends: Saturday 9:00 am - 2:00 pm Singles $ 7.00 $ 7.00 0.0% Doubles $ 7.00 $ 7.00 0.0% Sunday 1:00 pm - 6:00 pm Singles $ 7.00 $ 7.00 0.0% Doubles $ 7.00 $ 7.00 0.0% Lesson Fees: Private $ 4.50 $ 4.50 0.0% Semi-Private $ 2.25 $ 2.25 0.0% Group $ 2.00 $ 2.00 0.0% F. Lessons Private & semi-private lesson court fee $ 1.50 $ 1.50 0.0% Group lesson court fee $ 1.00 $ 1.00 0.0% Pro shop sales Section 4. RECREATION CENTER RENTALS Facility rental fees below include staff supervision and cleanup Staff Utility and Building Fee $ 75.00 $ 75.00 0.0% Additional hour rate for all facilities $ 35.00 $ 35.00 0.0% 9 DESCRIPTION FY15-16 Proposed FY16-17 g w — N Z z Deposit for all facilities $ 100.00 $ 100.00 0.0% Non-Profit Organizations 501(C)(3) or other community organizations $ 45.00 PER HOUR $ 45.00 Per hour 0.0% NOTE: Fees will be charged only during non-regular hours of operations and/or conflict with regularly scheduled activities. Proof of non-profit status A. Oak Park Recreation Center hours which do not Entire Facility $ 150.00 4 HOURS $ 150.00 4 Hours 0.0% B. Joe Garza Recreation Center Entire Facility $ 175.00 4 HOURS $ 175.00 4 Hours 0.0% C. Oso Recreation Center Entire Facility $ 290.00 4 HOURS $ 290.00 4 Hours 0.0% D. Lindale Recreation Center Entire Facility $ 300.00 4 HOURS $ 300.00 4 Hours 0.0% E. Coles Gym Adult - Full Court $30.00 PER HOUR $30.00 Per hour 0.0% Youth - Full Court $25.00 PER HOUR $25.00 Per hour 0.0% Gym $150.00 4 HOURS $150.00 4 Hours 0.0% F. Recreation Center Leagues Micro Soccer $45.00 per child #DIV/0! N Micro Soccer with late fee $60.00 per child #DIV/0! N G. Recreation Special Events Spring Break Fishing Camp $25.00 per child #DIV/0! N 10 DESCRIPTION FY15-16 Proposed FY16-17 A. w - N Z z H. Recreation centers class fee split: Specialist/City - 65/35% Section 5. OSO BAY WETLAND PRESERVE A. Rentals Facility fees below include $ 75.00 $ 75.00 Non rentable 0.0% rental ..taff ..upervi..ion and cleanup Staff Utility and Building Fcc Deposit for all facilitica $ 150.00 $ 150.00 Non rentable 0.0% Multipurpocc room, 2 hr minimum $ 25.00 per-hour $ 25.00 Non rentable 0.0% Amphitheatre, 3 hr minimum $ 60.00 per-heuur $ 60.00 Non rentable 0.0% Wcdding, 100 guccta $ 2,000.00 6 houra $ 2,000.00 Non rentable 0.0% Birthday party indoor, 2 hr minimum $ 25.00 per-hour $ 25.00 Non rentable 0.0% Birthday party outdoor, 3 hr minimum $ 60.00 per-hour $ 60.00 Non rentable 0.0% Photography rental, 2 hr shoot $ 25.00 2 hours $ 25.00 2 hours 0.0% Photographer permit, annual $ 75.00 annually $ 75.00 annually 0.0% B. Summer Camp - M-F 8a-12p, 9-14 year olds $ 120.00 per person $ 125.00 per person 4.0% C. School oriented activity fee $ 3.00 periper-sen School Field Trips (1 - 25 people) $ 75.00 per group/hr #DIV/0! N School Field Trip (26 - 50 people) $ 150.00 per group/hr #DIV/0! N School Field Trip (51 - 75 people) $ 225.00 per group/hr #DIV/0! N Private / Guided hike, 1 hour $ 3.00 per persea Private / Guided hike, 1 hour $ 75.00 per group #DIV/0! N Yoga classes (4 classes) $ 30.00 per family #DIV/0! N Section 6. PARK AND FACILITY RENTALS A. Pavilions, Watergarden and Amphitheater Rentals West Guth Pavilion $ 150.00 $ 150.00 per rental 0.0% Key deposit $ 25.00 $ 25.00 per rental 0.0% Parker Pavilion $ 100.00 $ 100.00 per rental 0.0% Watergarden $ 200.00 4 hours $ 200.00 4 hours 0.0% 11 DESCRIPTION FY15-16 Proposed FY16-17 gw - N Artesian Park $ 100.00 4 hours $ 100.00 4 hours 0.0% Amphitheater For profit rate $ 400.00 4 hours $ 400.00 4 hours 0.0% Non-profit rate $ 250.00 4hours $ 250.00 4hours 0.0% Additional hours (Watergarden, Artesian, Amphitheater) $ 50.00 additional $ 50.00 additional 0.0% Bayfront Park ($1,000 deposit) $ 2,500.00 /4 hrs $ 2,500.00 /4 hrs 0.0% Each additional hour $ 250.00 /hr $ 250.00 /hr 0.0% B. Cultural Services Room Rentals (Galvan House) Regular Business Hours are Monday-Thursday, 9:00 to 5:00 p.m. Friday, 9:00 a.m.-2:00 p.m., Saturday, 11:00 a.m. to 2:00 Non -Business Hours are Monday-Thursday, 5:30-midnight Friday, 2:00 p.m. to midnight; Saturday, 8:30-11:00; 2:00-midnight and all day Sunday Items marked * require an additional charge of $75 during Holiday Season for decorations. The Holiday season lasts from Thanksgiving through the first week in January. First floor of Galvan House p.m. 1 I $ 400.00 4 hours $ 400.00 4 hours 0.0% Meeting Rooms $ 100.00 4 hours $ 100.00 4 hours 0.0% Bridal Suite $ 100.00 4 hours $ 100.00 4 hours 0.0% Kitchen $ 400.00 4 hours $ 400.00 4 hours 0.0% Rose Garden $ 400.00 4 hours $ 400.00 4 hours 0.0% Courtyard $ 600.00 4 hours $ 600.00 4 hours 0.0% The Plaza $ 400.00 4 hours $ 400.00 4 hours 0.0% Non -business hour rentals $ 100.00 event/rental $ 100.00 event/rental 0.0% Full package: (First floor, Courtyard, Rose Garden Plaza & Kitchen) $ 1,200.00 /8 hrs $ 1,200.00 /8 hrs 0.0% Partial package: (Courtyard, Rose Garden & Kitchen) $ 800.00 /5 hrs $ 800.00 /5 hrs 0.0% Partial package: 12 DESCRIPTION FY15-16 Proposed FY16-17 g w - N Z z (Courtyard, First Floor & Kitchen) $ 900.00 /5 hrs $ 900.00 /5 hrs 0.0% Partial package: (First Floor, Rose Garden & Kitchen) $ 700.00 /5 hrs $ 700.00 /5 hrs 0.0% Cultural Services Room Rentals Additional Hours for Rental $ 100.00 $ 100.00 0.0% Change of Date Fee $ 75.00 $ 75.00 0.0% Change during final two weeks $ 100.00 $ 100.00 0.0% Rehearsal Fee $ 100.00 $ 100.00 0.0% Run/walk - Heritage Park (Plaza Only) $ 250.00 /4 hrs $ 250.00 /4 hrs 0.0% Each additional hour $ 50.00 /hr $ 50.00 /hr 0.0% C. Festival Fees Heritage Park $ 2,000.00 $ 2,000.00 0.0% Heritage Park [non-profit festivals] $ 1,000.00 $ 1,000.00 0.0% Commercial Photographic Session $ 100.00 $ 100.00 0.0% Non-refundable reservation deposit (applied to invoice if event is held) $ 200.00 $ 200.00 0.0% D. Historical tour fees Adults $ 6.00 $ 6.00 0.0% Children (under 12) $ 2.00 $ 2.00 0.0% E. Cooking Demonstrations $ 8.00 $ 8.00 0.0% F. City percentage of gallery sales 25% 25% 0.0% G. City percentage from caterer 10% 10% 0.0% Section 7. SENIOR CENTER RENTALS Facility rental fees below include staff supervision and cleanup 13 DESCRIPTION FY15-16 Proposed FY16-17 gw - N 'Entire Facility rate includes a 10% discount Additional hour rate for all facilities $ 55.00 $ 55.00 per hour 0.0% Set up Fee (one-time non-refundable) $ 75.00 $ 75.00 0.0% Deposit (required for all recreational facilities) $ 150.00 $ 150.00 0.0% A. Non-profit Organizations - 501(C)(3) or other community groups. Meeting space - per room $ 55.00 $ 55.00 per hour 0.0% Fee will be charged only during non-regular hours of operations and/or hours which do not conflict with regularly scheduled activities. Proof on non-profit status required. B. Ethel Eyerly Senior Center Small Social Hall $ 182.00 $ 182.00 4 hours 0.0% Large Social Hall $ 248.00 $ 248.00 4 hours 0.0% The Large Social Hall will be made available to the general public only when not in use by senior citizens groups. Senior citizens groups have priority. Entire Facility - (excluding meeting room) $ 429.00 $ 429.00 4 hours 0.0% C. Lindale Senior Center Large Dining Room $ 248.00 $ 248.00 4 hours 0.0% Small Dining $ 165.00 $ 165.00 4 hours 0.0% Room 3 $ 83.00 $ 83.00 Non rentable 0.0% Library - (no food allowed in room) $ 66.00 $ 66.00 Non rentable 0.0% Patio $ 40.00 $ 40.00 Non rentable 0.0% Entire Facility (excluding pool room) $ 506.00 $ 506.00 4 hours 0.0% D. Greenwood Senior Center Large Dining Room $ 248.00 $ 248.00 4 hours 0.0% Small Dining $ 165.00 $ 165.00 4 hours 0.0% Patio $ 40.00 $ 40.00 Non rentable 0.0% 14 DESCRIPTION FY15-16 Proposed FY16-17 g w - N Z z Room #3 $ 66.00 $ 66.00 Non rentable 0.0% Entire Facility (excluding pool room & Rm #2) $ 429.00 $ 429.00 4 hours 0.0% E. Garden Senior Center Bluebonnet Room $ 292.00 $ 292.00 4 hours 0.0% Pecan Tree Room $ 171.00 $ 171.00 4 hours 0.0% Crepe Myrtle Room $ 121.00 $ 121.00 4 hours 0.0% Pecan Tree & Crepe Myrtle Room combined (open partition) $ 209.00 $ 209.00 4 hours 0.0% Patio $ 40.00 $ 40.00 Non rentable 0.0% Entire Facility (excluding Wellness Room/Saera Loeb) Resource Center) $ 528.00 $ 528.00 4 hours 0.0% F. Zavala Senior Center Activity Room $ 200.00 $ 200.00 Non rentable 0.0% Mooting Room $ 115.00 $ 115.00 Non rentable 0.0% Entre-Fa��� 'ity $ 280.00 $ 280.00 Non rentable 0.0% G. Broadmoor Senior Center Mooting Room $ 72.00 $ 72.00 Non rentable 0.0% Community Room $ 248.00 $ 248.00 4 hours 0.0% Entire Facility (excluding Library Room) $ 288.00 $ 288.00 4 hours 0.0% H. Oveal Williams Center Community Room $ 292.00 $ 292.00 4 hours 0.0% Conforonco RoeRoom $ 77.00 $ 77.00 Non rentable 0.0% Cla^croom 1 $ 127.00 $ 127.00 Non rentable 0.0% Entire Facility - (Excluding Card Room & Arts & Crafts Room) $ 446.00 $ 446.00 4 hours 0.0% I. Northwest Senior Center Activity Room $ 292.00 $ 292.00 4 hours 0.0% Meeting Room $ 127.00 $ 127.00 4 hours 0.0% 15 DESCRIPTION FY15-16 Proposed FY16-17 g w - N Z z Arts & Craft: $ 99.00 $ 99.00 Non rentable 0.0% Entire Facility $ 468.00 $ 468.00 4 hours 0.0% Retie $ 40.00 $ 40.00 Non rentable 0.0% J. Senior centers class fee split: Specialist/City - 65/35% Section 8. YOUTH PROGRAM A. Summer Recreation Program (drop in) Monday - Friday, 11a - 4p (8 weeks) Not offered Not offered 0.0% B. Spring Break Program Teen Trekkers Not offered Not offered 0.0% Xtreme Break camp Not offered Not offered 0.0% Section 9. LATCHKEY A. School Year (from end of school day to 6:00 p.m.) Monthly fee, 1st child $ 89.00 $ 99.00 11.2% Monthly fee, each additional child $ 74.00 $ 84.00 13.5% Prorated months - 1st child $ 77.00 x 3 months $ 87.00 x 3 months 13.0% Prorated months - additional child $ 67.00 x 3 months $ 77.00 x 3 months 14.9% Monthly flat fcc June charged as daily rate $ 15.00 Junc $ Junc Fla Registration involving 10 school days or less $ 50.00 $ 50.00 0.0% Scholarship fee $ 50.00 $ 60.00 20.0% Daily drop in fee $ 15.00 $ 15.00 0.0% Late child pick-up (per 15 minutes) per family $ 10.00 $ 10.00 0.0% Late payment fee (after the 1st) per family $ 20.00 $ 20.00 0.0% B. Summer Latchkey Program Weekly fee per child $ 79.00 $ 89.00 12.7% Scholarship per child $ 50.00 $ 60.00 20.0% Late payment fee (after 1st business day of week) per family $ 20.00 $ 20.00 0.0% 16 DESCRIPTION FY15-16 Proposed FY16-17 A. w - N Z z Lunch Fee (for sites NOT qualifying for FREE lunch program) $ 15.00 $ 15.00 0.0% Daily Fee $ 20.00 $ 20.00 0.0% Vacation Station per child $ 18.00 $ 20.00 11.1 Scholarship per child $ 15.00 $ 15.00 0.0% Section 10. SPECIAL SERVICES A. Permits and Miscellaneous Special Event Application Fee (non-refundable) $ 50.00 $ 50.00 0.0% Small Special Event Permit (0-500 attendees) $ 100.00 $ 100.00 0.0% Small Special Event clean-up deposit $ 250.00 $ 250.00 0.0% Medium Special Event Permit (500-1000 attendees) $ 200.00 $ 200.00 0.0% Medium Special Event clean-up deposit $ 500.00 $ 500.00 0.0% Large Special Event Permit (greater than 1,000 attendees) $ 400.00 $ 400.00 0.0% Large Special Event clean-up deposit $ 1,000.00 $ 1,000.00 0.0% Beach / Park wedding $ 100.00 $ 100.00 0.0% B. Vendor Permits Skatepark $ 350.00 per month $ 350.00 per month 0.0% Gulf Beach Vendor (Fixed) $ 200.00 per month $ 200.00 per month 0.0% Gulf Beach Vendor (Mobile) $ 50.00 per month $ 50.00 per month 0.0% CC Beach and McGee Beach (Fixed) $ 150.00 per month $ 150.00 per month 0.0% CC Beach and McGee Beach (Mobile) $ 50.00 per month $ 50.00 per month 0.0% Vendors for Special Events $ 150.00 per day $ 150.00 per day 0.0% Inflatable games vendor $ 200.00 annually $ 200.00 Permit 0.0% Security Deposit $ 250.00 Permit #DIV/0! N C. Labonte Park - 3 -day camping permit for designated holidays * $ 25.00 /3 -day permit $ 25.00 3 -day permit 0.0% * Easter, Memorial Day, 4th of July, Labor Day Only 2 consecutive permits or 6 days / month D. Daily vehicle entry fee $ 50.00 3 -day permit (RV) #DIV/0! N $2.00 /vehicle / day $2.00 /vehicle / day 0.00% 17 L_ DESCRIPTION FY15-16 Proposed FY16-17w N Z Entry to community parks for Holiday weekends or special events 5.00 /vehicle / weekend #DIV/0! N Section 11. JUVENILE ASSESSMENT CENTER A. Urine Analysis screening for court ordered and voluntary case management "cases". $ 18.00 /each $ 18.00 /each 0.0% Section 12. PILOT PROGRAMS The Parks and Recreation Department is authorized to implement pilot programs based on community requests and trends. Cost recovery will not exceed 40% for youth programs (excluding Latchkey.) Section 13. SCHOLARSHIP FEES Scholarships as shown are provided to youth based on financial need for program activities. Eligibility criteria is the same as used by school districts for the free/reduced-cost lunch program. Section 14. REFUND POLICY Refunds for all Parks and Recreation fees will only be processed for a period up to thirty (30) days from the date of payment. These fees and charges are effective October 1, 2016. APPROVED: September 30, 2016 Margie C. Rose, City Manager 18 AGENDA MEMORANDUM First Reading for the City Council Meeting of September 13, 2016 Second Reading for the City Council Meeting of September 20, 2016 DATE: August 17, 2016 TO: Margie C. Rose, City Manager FROM: Lawrence Mikolajczyk, Director of Solid Waste Operations LawMticctexas.com 361-826-1968 Consolidate, clarify, and otherwise amend sections of the City Code of Ordinances pertaining to Solid Waste collection. CAPTION: Ordinance amending Chapter 21 of the Code of Ordinances regarding solid waste collection and disposal by clarifying definitions, combining sections, establishing a resource recovery fee for hazardous cart collection, and revising language where necessary; providing for severance, publication, and an effective date. PURPOSE: The purpose of this item is to streamline Chapter 21 of the Code of Ordinances pertaining to solid waste collection, thereby adding and deleting language that brings the ordinance up to date with current collection practices, and clarifying sections that may have been previously misinterpreted. A new $10 fee, per occurrence for non-scheduled cart collection, will be applied to an estimated 2,000 collection instances to offset collection costs. BACKGROUND AND FINDINGS: Prior to this amendment, sections of Chapter 21 have been subject to misinterpretation, overly burdensome to accurately interpret. Solid Waste Code Enforcement personnel have been working with ambiguous and contradictory language that limits their effectiveness in issuing violations for improper set -out. ALTERNATIVES: No alternatives to amending Chapter 21 of the City Code pertaining to Solid Waste Collection were identified. OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: The ordinance revisions comply with City Policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Finance and Utility Billing Office FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Current Year Future Years TOTALS Line Item Budget $16,625,700 $17,012.400 $33,638,100 Encumbered / Expended Amount n/a n/a n/a This item $0 $20,000 $20,000 BALANCE $16,625,700 $17,032,400 $33,658,100 Fund(s): (Do not list Accounting streams, use names of accounts) Comments: An additional $20,000 in revenue is anticipated from the new $10.00 fee for non- scheduled cart collection. RECOMMENDATION: Staff recommends that the ordinance revisions be approved as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance. Ordinance amending Chapter 21 of the Code of Ordinances regarding solid waste collection and disposal by clarifying definitions, combining sections, establishing a resource recovery fee for hazardous cart collection, and revising language where necessary; providing for severance, publication, and an effective date. WHEREAS, the City of Corpus Christi ("City"), following the acquisition of land in the mid -1990's to establish and operate a new 100 -year expected life municipal landfill, to be known as the Cefe Valenzuela Landfill, pursued the required statutory permitting of the new landfill and planned for the closure of the existing J. C. Elliott Landfill and conversion to use as a City solid waste transfer station site within the municipal landfill system; WHEREAS, in order to provide for a comprehensive and functional municipal solid waste system to be utilized by all residents and businesses in the City, to include a mechanism for grinding brush, receiving and properly disposing of household hazardous waste, and increasing the volume of recycled waste being collected annually, the City enacted the necessary ordinance provisions to establish fees and charges and incorpo- rated operating procedures to address the orderly, efficient, and sanitary disposal of all solid waste generated within the City; WHEREAS, the City issued bonds and other municipal debt financing measures to provide for the development of the Cefe Valenzuela Landfill and closure and con- version of J. C. Elliott Landfill based on a methodology for waste acceptance that en- sures a continuous and consistent positive rate of return for City taxpayers that is sufficient to reduce landfill debt, offset necessary expenses, and achieve cost savings through the acceptance of greater waste volumes; WHEREAS, in accordance with the purposes and goals of operating and maintaining a comprehensive municipal solid waste system, the City desires to amend provisions of Chapter 21 of the City's Code of Ordinances to revise language where necessary, correct and clarify language, and combine various sections pertaining to solid waste and its efficient and effective continued collection and disposal; WHEREAS, the City desires to establish a new fee to recover costs incurred to dispatch City personnel to remove trash carts when the same are reported to present an immediate hazard to vehicular traffic and pedestrian movement; and, WHEREAS, the City deems these corrections, clarifications, revisions, and the new fee to be necessary for the continued operation and maintenance of an efficient, effective, and comprehensive City-wide solid waste collection and disposal system. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Page 1 of 19 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 amendment of the Code. Section 2. Chapter 21 of the City's Code of Ordinances, which is entitled "Garbage, Trash and Other Refuse," is amended by deleting certain existing language and inserting new language where necessary to correct and clarify provisions pertaining to solid waste and its efficient collection and disposal, to read as follows: "Sec. 21-1. Definitions. "As used in this chapter, the following terms shall mean: "Act: * "Customer: A person who receives collection services from the Solid Waste Operations Department. As used in context within this chapter, the term may also refer to a person who receives collection services from a permitted solid waste hauler. * * * "Dumpster: A container, which that holds more than one (1) cubic yard,—used to store solid waste until it is collected for disposal and which is designed to be hoisted for emptying into a specially equipped truck or hauled away. The term also includcs does not include roll-on/roll-off containers that are used to transport solid waste on a vehicle chassis. "Heavy brush: Tree and shrub limbs and trimmings, which arc greater than thrcc (3) five (5) inches in diameter; and includes tree trunks, root balls, and other large plant matter. * * * "Roll-on/roll-off container: A bulk container that holds more than one (1) cubic yard used to collect and store solid waste for disposal and that is designed to be transported on a vehicle chassis equipped with hydraulic or mechanical tilt -frame and hoist -type equipment, commonly referred to as roll -offs or hook -lifts for disposal. "Truckload: Volume of waste, including brush, measured to be up to 30 cubic yards. Page 2 of 19 "Yard waste: Grass clippings, weeds, leaves, mulch, and small trees and shrub limbs, which arc Icss than thrcc (3) five (5) inches or less in diameter and Icss than fivc (5) fcct in Icngth, and other similar plant matter, including palm fronds and fruit tree limbs. "Section 21-2. * * "Sec. 21-12. Collection of tree Tree limbs, grass clippings, etc. (e.g., yard waste), heavy brush, clean wood waste, and bulky items. "(a) Yard waste, heavy brush, clean wood waste, and bulky items shall -be are collected on a regularly published schedule basis. Yard waste, heavy brush, clean wood waste, and bulky items may be set out only on days designated for set out for each applicable property address. "(1) Notice of the areas of the city that are allowed to set out yard waste, heavy brush, clean wood waste, and bulky items is published weekly in a paper of general circulation within the city. Information regarding area collection on designated set out days is also available on the city's website and by contacting the Solid Waste Operations Department. "(2) It is a defense to prosecution for a violation of this chapter that the yard waste, heavy brush, clean wood waste, or bulky item was set out on an unauthorized set out day if the yard waste, heavy brush, clean wood waste, or bulky item was set out after an authorized set out period but before the expiration of the then -current scheduled collection period for the yard waste/heavy brush/clean wood waste/bulky item designated for that address. The property owner or occupant has the burden of proving the date the yard waste, heavy brush, clean wood waste, or bulky item was set out and the expiration date of the then -current and applicable scheduled yard waste/heavy brush/clean wood waste/bulky item pick-up period. "(b) Yard wastc shall bc thc only wastc matcrial(s) collcctcd on thc schcdulcd day and shall not bc collcctcd on any othcr day. No othcr littcr, garbagc, rcfusc, dcbris, hcavy brush, or trash may bc co minglcd with thc yard wastc. "(c) Unlcss baggcd or placcd in rcccptacics, only pilcs no largcr than two and a half (21/2) fcct high, by four ('I) fcct widc, by fivc (5) fcct long shall bc collccted. "(d c) Yard waste, heavy brush, clean wood waste, and bulky items shall must be set out for collection bcforc 7:30 a.m. on the days designated collection day, but may not be set out earlier than the Saturday immcdiatcly bcforc thc days designated collection day. Page 3 of 19 "(c) Trcc and shrub limbs set out to bc collcctcd as yard wastc must bc thrcc (3) "(# d) Grass clippings, leaves, weeds, and other small yard waste materials must be bagged or placed in a receptacle. "(g e) Yard waste, heavy brush, clean wood waste, and bulky items shall generally be collected in the same location as garbage is collected as provided by section 21-22. Rear door garbage collection customers shall set out yard waste, heavy brush, clean wood waste, and bulky items on the curb or alley service location. Yard waste, heavy brush, clean wood waste, and bulky items may not be set out in the side yard of a residence,- if the side yard adjoins an arterial or collector street. "(h f) Yard waste, heavy brush, clean wood waste, and bulky items may be placed in the right-of-way, but may not be placed on the street pavement, in the gutter, on the sidewalk, or in a drainage ditch. Except, except, the director may allow yard waste, heavy brush, clean wood waste, and bulky items to be placed in roadside drainage ditches when there is no practical alternative. However, the person who places any yard waste, heavy brush, clean wood waste, or bulky items in a roadside drainage ditch may be liable for any flooding damage caused by the yard waste, heavy brush, clean wood waste, or bulky items. The owner or occupant of a residence or business; who authorizes, directs, or allows yard waste, heavy brush, clean wood waste, or bulky items to be placed in a drainage ditch on or adjacent to the person's property; also may be liable for any flooding damage caused by the yard waste, heavy brush, clean wood waste, or bulky items. "(q) Yard waste, heavy brush, clean wood waste, and bulky items collected from a customer is limited to one truckload per scheduled pick-up. An additional fee will be charged for each additional truckload, or fraction thereof, of yard waste, heavy brush, clean wood waste, or bulky items collected after the first truckload, as provided by section 21-40(a)(9), and the fee will be applied to the customer's next monthly utility bill. "(h) The director may assess a surcharge, as provided in section 21-40(a)(10), that will be applied to the customer's next monthly utility bill if other solid waste that cannot be composted is co -mingled with the yard waste, heavy brush, clean wood waste, or bulky waste set out for a designated collection. Additionally, an additional charge, as provided in section 21-40(a)(11) may be assessed for each truckload, or fraction thereof, of yard waste, heavy brush, clean wood waste, or bulky items: "(1) Which was placed for collection during a period not designated for setting out yard waste, heavy brush, clean wood waste, or bulky items. Page 4 of 19 "(2) When the director determines the waste, brush, or items need to be removed in the interest of public health, safety, aesthetics, or welfare prior to the next regularly -scheduled, applicable pick-up period. "(3) When the waste, brush, or items have been set out in violation of any ordinance. "(i) In order to be safely manageable by the department's collection equipment, the following provisions apply to setting out parts of trees for collection: "(1) Tree limbs may not exceed ten (10) feet in length. "(2) Tree trunks less than one foot in diameter may not exceed ten (10) feet in length. "(3) Tree trunks and root balls greater than one foot in diameter may not exceed five (5) feet in length. "(1) A pile of yard waste, heavy brush, clean wood waste, or bulky items may not be placed by a person in such a manner that the pile is an obstruction to the view of a motorist. "(k) Special, non-scheduled yard waste/heavy brush/clean wood waste/bulky item collection service, as determined by the director, is available at a direct charge, as provided by section 21-40(a)(11), and will be applied to the customer's next monthly utility bill or, if applicable, will be billed directly to the property owner. "(I) Because mechanical equipment is used to pick up yard waste, heavy brush, clean wood waste, and bulky items, any containers used to hold the yard waste, heavy brush, clean wood waste, or bulky items will be considered waste and picked up for disposal. "(m) Bulky items must be separated into three distinct piles as follows: "(1) Non-grindable/non-compostable materials and debris (i.e., mattresses, box springs, furniture, couches, televisions, etc.). "(2) Metal appliances and metal materials (i.e., washing machines, water heaters, refrigerators, bicycles, metal swing sets, etc.). "(3) Tires (subject to the limitations in section 21-18). "Sec. 21-13. Reserved. Page 5 of 19 "(a) Hcavy brush and cican wood wastc, which is not mixcd with othcr customers on a rcgularly scheduled basis as publishcd in local media. "(b) No other litter, garbagc, refuse, bulky itcms, dcbris, or trash may bc co minglcd with thc heavy brush and clean wood wastc set out for collcction. "(c) Hcavy brush and cican wood wastc shall gcncrally bc collcctcd in thc same location as garbagc is collcctcd as providcd by scction 21 22. R ar door garbagc collection customers shall set out hcavy brush and cican wood wastc at the curb in thc sidc yard of a rcsidcncc, if thc sidc yard adjoins an arterial or collcctor strcct. "(d) Hcavy brush and cican wood wastc may bc placcd in thc right of way, but may not bc placed on thc strcct pavcment, in thc gutter, on thc sidewalk, or in a to bc placcd in roadside drainage ditchcs whcn thcrc is no practical alternative. Howcvcr, thc person who placcs any hcavy brush and cican wood wastc in a hcavy brush and cican wood waste. Thc owncr or occupant of a rcsidcncc or waste. "(c) Hcavy brush and cican wood wastc may bc sct out only on days dcsignated for set out for that address. "(1) Noticc of thc sections of thc city that arc allowcd to sct out hcavy brush and cl an wood wastc is publishcd wcckly in a paper of general distribution within thc city. Information is also available by tcicphoning thc Solid Wastc Operations Dcpartment. "(2) It is a dcfcnsc to prosccution for violation of this scction that thc hcavy brush and clean wood wastc was sct out on an unauthorizcd day if the period, but bcforc thc next hcavy brush/cican wood wastc pickup at that address. Thc property owncr or occupant has thc burden of proving thc date thc hcavy brush and cican wood wastc was sct out and thc date of thc next hcavy brush/cican wood wastc pickup. "(f) In addition to any fincs that might re truckload (or major fraction thcrcof) of hcavy brush or cican wood wastc: Page 6 of 19 "(1) Which was placcd for collcction during a period not dcsignatcd for "(2) Whcn thc dircctor dctcrmincs thc wastc should bc rcmovcd in the intcrcst of public hcalth, safcty, aesthctics, or wclfarc prior to thc ncxt scheduled pickup. "(3) Whcn thc wastc has bccn sct out in violation of any othcr ordinancc. at thc timc of rcmoval, will bc applicd to thc customcr's ncxt monthly utility bill. "(h) In order to be managcable by the collection equipment: "(1) Any trcc limbs placcd for collcction may not cxcccd tcn (10) fcct in Icngth. "(2) Trce trunks Icsc than onc foot in diametcr may not cxcccd tcn (10) fcet in Icngth. "(3) Trcc trunks or root balls grcatcr than one foot in diamctcr may not cxcccd fivc (5) fcct in Icngth. "(i) Pilcs of hcavy brush and cican wood wastc may not obstruct thc vicw of motorist at street intersections. No pile of heavy brush or clean wood waste may "(j) Hcavy brush or cl an wood wastc collcctcd from collcction scrvicc customers shall bc limitcd to onc truck load per schedulcd pickup. "(k) A fcc shall bc chargcd for cach additional truckload of hcavy brush and cican wood wastc (or major fraction thcrcof) aftcr thc first load as providcd by .. 1 • time of rcmoval, thc fec shall be payablc at the timc of collcction, and, if not paid, it will bc applied to the customer's next monthly utility bill. customer's ncxt monthly utility bill for cach pilc of solid wastc that is sct out for collection, which contains any solid wastc, othcr than hcavy brush or cican wood wastc, that is sct out for collcction. "(m) Spccial, non schcdulcd hcavy brush and cican wood wastc collcction providcd by scction 21 '10(a)(11), and shall bc payablc at thc timc of collcction and if not paid it will bc applied to customer's next monthly utility bill. Page 7 of 19 "(n) Bccausc mcchanical equipmcnt is uscd to pickup hcavy brush and cican bc considcrcd wastc and will bc pickcd up for disposal. "Sec. 21-14. Bulky items Reserved. collected from customers during special collection events that are published in thc local mcdia. "(b) Bulky itcms will gcncrally bc collcctcd in thc samc location as garbagc is collectcd as providcd by scction 21 22. Rear door garbagc collection customcrs not bc sct out in thc sidc yard of a rcsidcncc, if thc sidc yard s an artcrial or collcctor strcct. "(c) Bulky itcms may bc placcd in thc right of way, but may not bc placcd on the MI thc dircctor may allow bulky itcms to bc placcd in roadsidc drainagc ditchcs whcn therc is no practical altcrnativc. Howcvcr, thc person who placcs any causcd by thc bulky itcms. The owncr or occupant of a rcsidcnce or busincss, damagc causcd by thc bulky itcms. "(d) No othcr littcr, garbagc, rcfusc, construction/dcmolition matcrial, trash, hcavy brush, cican wood wastc, or yard wastc may bc co minglcd with thc bulky items sct out for collcction. "(c) Bulky itcms may bc sct out only on days dcsignatcd for sct out for that address. "(1) Noticc of thc scctions of thc city that arc allowcd to sct out bulky itcms will bc publishcd in a paper of gcncral distribution within thc city. Information is al -so availablc by tcicphoning thc Solid Wastc Operations Dcpartmcnt the City's call ccntcr or by acccsving thc City's websitc. "(2) It is a dcfcnsc to prosccution for violation of this scction that thc bulky itcms wcrc sct out on an unauthorizcd day if thc bulky itcms wcrc sct out aftcr thc authorizcd sct out period, but bcforc thc ncxt bulky itcms pickup at Page 8 of 19 "(f) In addition to any fincs that might re truckload (or major fraction thcrcof) of bulky itcms: "(1) Which was placcd for collcction during a period not dcsignatcd for setting out bulky items. "(2) Whcn thc dircctor dctcrmincs thc wastc should bc rcmovcd in the intcrcst of public hcalth, safety, acsthctics, or wclfarc prior to the ncxt scheduled pickup. "(3) When the wastc has bcen sct out in violation of any othcr ordinance. at thc timc of rcmoval, will bc applied to thc customcr's ncxt monthly utility bill. "(h) Bulky itcms collcctcd from collcction scrvicc customcrs shall bc limited to one truckload per schcdulcd pickup. "(i) A fce shall bc chargcd for cach additional truckload of bulky itcms (or major fraction thcreof) aftcr thc first load, as providcd by scction 21 '10(a)(9), and shall bc billed at thc timc of rcmoval. If not paid at thc timc of rcmoval, thc fcc shall customer's next monthly utility bill. customcr's ncxt monthly utility bill for each pilc of solid wastc that is sct out for collection, which conta144s any waste other than authorized bulky items that is set out for collcction. "(k) Spccial, non schcdulcd bulky itcm collcction scrvicc cstablishcd by tho and shall bc payablc at thc timc of collection and, if not paid, it will bc applied to customcr's ncxt monthly utility bill. "(I) Pilcs of bulky itcms may not obstruct thc view of motorist at strcct AM AM containcrs uscd to hold bulky itcms will bc considcrcd wastc and will be pickcd up for disposal. "(n) Bulky itcms shall bc scparated into two (2) distinct piles as follows: Page 9 of 19 "(1) Non grindablc/non compostablc matcrials and dcbris (i.c., mattresses, box springs, furniture, couches, tv's, etc.). "(2) Mctal applia+Rec* and metal matcrials (i.e., washing machincs, watcr "Sec. 21-15. Bricks, broken concrete, ashes, dirt, etc., not included. "(a) The Solid Wastc Operations Dcpartmcnt department will not collect accumulations of bricks, broken concrete, plaster, sand, gravel, ashes, tires, roofing materials, dirt, automobile frames, lumber (other than clean wood waste generated by a residential customer) resulting from either residential or commercial construction or demolition, or any other bulky heavy material. "(b) * "Sec. 21-16. * * * "Sec. 21-17. Disposition of dead dogs, cats, etc. "No dead dog, cat, or other small animals may be placed in a container or cart for collection but must be bagged separately and placed inside the curb area. The department Animal control will pick up and dispose of small dead animals upon telephone notification to the City's call center. "Sec. 21-18. Tires set out for collection. "(a) A total of up to four ('l) tires each having a diameter of 20 inches or less may be set out for collection on the designated collection day for bulky items. Any tires must be placed separate and apart from any other bulky items. "(b) If any tires in excess of the four ('I) allowed under this section are set out for collection, in addition to any fine that may be assessed for a violation of this article, the director shall assess a surcharge, as described in subsection 21- 40(a)(13) for each tire in excess of four ('I) set out for collection that is picked up, which will be applied to the customer's next monthly utility bill. "Sec. 21-19. Limitation on filling receptacles. "(a) In order to protect the safety of solid waste workers, filled conventional refuse receptacles that are emptied manually by the department may not weigh more than fifty -(50) pounds. "(b) Filled paper or plastic bags collected by the department may not weigh more than thirty (303 pounds. Page 10 of 19 "(c) The contents of a any refuse receptacle may not protrude above the top of the receptacle and inhibit placement of the lid or have a potential of causing injury to the collector or customer. "(d) Uncovered conventional refuse receptacles that contain rain water will not be picked up. No person may keep refuse receptacles in such a manner as to allow rain water to enter or collect inside the receptacle and co -mingle with refuse, garbage, or waste. "(e) * "Sec. 21-20. * "Sec. 21-22. When and where solid waste is to be placed for collection— Generally. "(a) * * "(f) Not morc than two (2) containcrs may bc sct out for collcction by a residcntial customcr. There is not a limit on the number of containers of used gift wrapping and boxes that may be set out on the designated collection day for a residential customer following Christmas Day, which falls on December 25 each year. Additionally, there is not a limit on the number of containers or boxes that may be set out on the first collection day of a new residential customer. (1) Thcrc is no limit on thc numbcr of containcrs of uscd gift wrapping and boxes that may bc sct out on thc first collcction day for a rcsidcntial ■ Day, and New Ycar's Day. (2) Thcrc is no limit on thc numbcr of containcrs or boxcs that may sct out on thc first collcction day of a new rcsidcntial customcr. (3) The dircctor may grant waivcrs to thc rulc,r.bscction to allow rcsidcntial customcrs to sct out morc than two (2) containcrs on an occasional basis. "Sec. 21-23. * * "Sec. 21-25. Secs. 21-25 and 21-26. Reserved. Page 11 of 19 "Sec. 21-26. Procedure as to damaged, etc., receptacles. "(a) A customer may not use a rcfusc rcccptacic that has dctcrioratcd or bccomo damaged to thc extcnt that it has jaggcd or sharp cdgcs capable of causing injury to thc collcctors or to thc cxtcnt that thc covcrs will not fit sccurcly. "(b) A solid wastc scrvicc cmploycc dcsignatcd by thc dircctor may givc noticc to "Sec. 21-27. Collection services on routes with automated collection equipment. "Notwithstanding any other provision of this chapter, at residences and businesses that are on collection routes serviced by automated equipment: "(1) All refuse must be enclosed in a paper or plastic bag and placed inside the provided containcr refuse receptacle. "(2) Any refuse placed outside the container refuse receptacle will not be collected with the trash in the container refuse receptacle. "(3) Any refuse that will not fit in a container refuse receptacle may only be set out for collection on a day designated for setting out waste under subsection 21 13(b) this chapter. "(4) If any refuse that will not fit in a container refuse receptacle is set out for collection on a day not authorized for setting out waste, in addition to any fine that may be assessed for a violation of this ordinance, the director shall assess the surcharge for each pile of debris or trash, as described in subsection 21-40(a)(11), for cach pile of trash set out for collection that is picked up. The surcharge shall be applied to the customer's next monthly utility bill. "(5) * "Sec. 21-28. Loose and scattered waste will not be collected. "The department will not pick up loose litter or scattered waste that is not properly set out for collection as specified in sections 21 12, 21 13, and 21 1/1 section 21- 12. "Sec. 21-30. Disposal services—Available. Page 12 of 19 "(a) The disposal services of the Solid Wastc Operations Dcpartment department are deemed available to every premises occupied for residential use within the City of Corpus Christi, and the customer shall pay the charges therefor. "(b) * * "Sec. 21-31. * * * * "Secs. 21-35-21-39. Reserved. "Sec. 21-40. Charges—For collection services within the City of Corpus Christi. "(a) The following charges apply to the collection of solid waste from Solid Waste Operations Department customers located within the limits of the City of Corpus Christi. In addition to the charges listed below, each customer is liable for any applicable federal/state surcharges or fees specified in section 21 20 21-42 and state and city taxes. The charges for collection services are: Type Description Minimum Charge Per Month or Fraction Thereof Collection (1) One -family dwelling $16.91 (2) Two-family dwelling on one (1) water and/or gas meter $33.82 (3) Two-family dwelling to eight -family dwelling on separate water and/or gas meters $16.91 each unit (4) Apartment $16.91 per unit (5) One -family dwelling and single apartment on one (1) water and/or gas meter $33.82 Page 13 of 19 (6) Apartment house, travel trailer park, or manufactured home park on one (1) water and/or gas meter $16.91 per unit (7) Apartment house, travel trailer park, or manufactured home park—Each apartment, travel trailer pad, or manufactured home site on separate water and/or gas meter $16.91 per unit (8) Additional charge for rear door pickup pick up on any type above $11.86 per unit (9) Additional truckloads of yard waste, heavy brush, clean wood $75.00 per truckload waste, or bulky items at time of scheduled yard waste, heavy brush, or bulky item collection (10) Surcharge for bulky item pickup pick up $12.00 per item (11) Special non-scheduled yard waste, heavy brush, clean wood7 Actual cost not to exceed $200.00 per truckload waste, debris, or bulky items pickup collection, including pickup pick up of yard waste, heavy brush, clean wood waste, a4 debris, and bulky items out more than two five days set (2) weeks prior to the scheduled pickup pick up of brush, waste, eF debris, or bulky items and that is a traffic, safety, or health hazard (12) Recycling containers: Each solid waste services customer account $ 6.00 per container Reserved a fee for containers that be will pay recycling will refunded upon termination of the account and of the containers return recycling Reserved (13) Surcharge for tires set out for collection on a non -designated collection day; size of tires must be 20 inches or less in diameter. $ 5.00 per tire (14) Garbage cart delivery fee—assessed for every second and additional residential cart delivered and for every third commercial cart delivered per account $10.00 per cart (14.1) Monthly collection fee on second and additional residential carts and commercial carts $10.00 per cart Page 14 of 19 (15) Recycling Incentive Program of bins and $0.68 per month collection carts Improvements to Solid Waste Services (16) Recycling education—surcharge $0.25 per month (17) Recycling cart assessed per cart Solid Waste Capital $1.00 per month Improvements (18) Non -Scheduled Cart Collection—assessed for service or for $10 per incident removal of cart when cart is an immediate hazard to vehicular traffic on a street or alley or to pedestrian movement on a sidewalk, or when cart is left out for collection and remains present on an undesignated collection day "(b) * * "(c) Collection services for an apartment house, travel trailer park, or manufactured home park on one (1) water or gas meter will be charged against the person in whose name the water or gas meter account is maintained. "(d) A business and commercial establishment and any other occupied premises located within the City of Corpus Christi, except a residence covered by subsections (a) and (b) of this section, shall be charged for collection services by the department at a rate determined by the director based on the following: "(1) * "(2) The director may not set a rate below thirty thrcc dollars and cighty two cents ($33.824 a month (the minimum rate), plus any applicable state disposal fees and state and city taxes. "(e) * * * "Sec. 21-41. Charges—for disposal services. "(a) * "(d) Before disposing of any solid waste, a person who does not have billing account with the Solid Wastc Operations Departmcnt department shall make a deposit based upon the estimated size of the load as determined by the landfill Page 15 of 19 superintendent, or an employee designated by the superintendent. The minimum deposit will be the commercial charge for one {1) ton of solid waste. "(e) The following fee schedule applies to each load of solid waste deposited at a disposal site operated by the department: "(1) Residential customers. * * "(2) Commercial vehicles (tipping rate). "(3) Special fees. A Clean, uncontaminated dirt that is suitable for landfill use (as determined by landfill superintendent or designee of the superintendent) No charge B Clean wood waste, heavy brush, or rubble suitable for recycling, including crushed concrete, asphalt, bricks, etc. $ 9.57 per ton C Large household appliances, such as stoves, washing machines, clothes dryers, dishwashers, refrigerators, or other similar items, except large household appliances transported in a non- commercial vehicle by a residential customer who resides within the city $10.00 each D Tires Automobile $ 1.75 Truck or large trailer tires (16-19") $ 2.75 Tractor tires(<_ 20") $ 3.75 Larger than 20" Not accepted Market price as determined by director Cut into quarters or more Tipping fee rate E Vehicles with loads not adequately secured so as to prevent any of the contents of the transported load from being ejected or dropped during transport of the load $10.00 F Use of scales $25.25 G Any solid waste that requires special preparation, handling, or cover As determined by the director Page 16 of 19 "(f) The city manager is authorized to adjust the commercial tipping fees at the city's landfill established in subsection 21-41(e)(2)(A) based on market competition. "(g) The city manager, or the city manager's designee, may contract with a solid waste hauler, other political entity, entity with an industrial district contract with the city, or entity that generates solid waste outside the city limits for the disposal of specified volumes of solid waste at a city operated disposal facility. "(1) The term of any such contract shall not exceed six {6) -months, and "(2) "(h) * "(i) If payment in full is not made on or before the due date for any disposal fees billed under this section, the hauler shall pay an administrative late fee of eye hundred dollars ($100.004 and any amount remaining unpaid shall bear interest at the rate of onc and onc half (1'/4%o per ccnt per month or the highest rate that may then be lawfully charged and paid, whichever is less, from the due date to the actual date of payment. "(j) The director may deny access to a disposal facility operated by the city if the customer has not paid any disposal fees within s 60) days of the due date. "Sec. 21-42. * "Sec. 21-43. Disposal fee for Targe dead animals. "A direct charge, not to exceed two hundred dollars ($200.00) per animal, as established by the director for removal and disposal of large dead animals shah will be assessed charged at the time of removal and will be applied to the customer's next monthly utility bill or, if applicable, will be billed directly to the property owner. "Sec. 21-44. Bills for services; when charges payable. "(a) * * * * "(e) Subject to the limitations in scction /102.0025 Chapter 402 of the Texas Local Government Code, a customer is liable for all unpaid services rendered to a premises; while the premises is owned or occupied by the customer. Any unpaid charges must be paid before the customer opens a new or additional utility account. Page 17 of 19 "Sec. 21-45. Credit No credit for vacancy. "No credit will be given to any customer for a vacancy at a residence or business or commercial establishment that has an active utility service account or that is receiving collection services. "Sec. 21-46. Suspension of services for failure to pay charges; reinstatement of service. "(a) The service of any person who fails or refuses to pay the charges specified in this article within tcn (10) days from the datc by the date the chargc it) charges are due and payable e may be suspended. "(b) Upon the renewal of services to premises where services have been discontinued under the provisions immediately above, the customer of the premises shall be charged ten dollars ($10.00) the fees provided under Chapter 55 for reinstatement. "(c) If, upon reinstatement, the director finds it necessary to either clean up the premises or remove more than the maximum amount provided for by the minimum fee, or to make an additional trip to remove accumulated solid waste, the customer shall be charged, in addition to the reinstatement charge, fifty dollars ($50.003. "Sec. 21-47. * * „ SECTION 2. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section in this ordinance is declared invalid or unconstitutional by decree or judgment of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance since the same would have been enacted by the City Council without the incorporation into this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 3. The City Secretary is directed to publish this ordinance in the official newspaper of the City of Corpus Christi in accordance with the requirements of the City Charter and State law. SECTION 4. This ordinance takes effect on October 1, 2016, following final passage and publication as required by law. Page 18 of 19 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 Lucio 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 Lucio Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED this the day of , 2016 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Page 19 of 19 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 13, 2016 Second Reading Ordinance for the City Council Meeting of September 20, 2016 DATE: August 22, 2016 TO: Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2601 Accepting and appropriating the 2017 Selective Traffic Enforcement Program grant from the Texas Department of Transportation (TXDOT) CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $120,482.80 for the 2017 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for Driving While Intoxicated (DWI), Speed enforcement, and distracted driving overtime, with a city match of $42,158.03, for a total project cost of $162,640.83 and appropriating $120,482.80 in the No. 1061 Police Grants Fund. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: TXDOT is providing funding to continue the overtime STEP enforcement grants in the Police Department for 2017. The grant provides overtime funding for DWI, Speed enforcement, and distracted driving across the City with varied days of the week and hours of operation. Officers will be working on an overtime basis, with the City providing $25,158.03 for fringe benefits and $17,000 for mileage. The grant period is 10/01/2016 — 09/30/2017. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $42,158.03 $42,158.03 Encumbered / Expended Amount 0 0 0 This item $120,482.80 $120,482.80 BALANCE $162,640.83 $162,640.83 Fund(s): Police General Fund Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant award contract Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $120,482.80 for the 2017 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for Driving While Intoxicated (DWI), speed enforcement, and distracted driving overtime, with a city match of $42,158.03, for a total project cost of $162,640.83 and appropriating $120,482.80 in the No. 1061 Police Grants Fund BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $120,482.80 for the 2017 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for Driving While Intoxicated (DWI), speed enforcement, and distracted driving overtime, with a city match of $42,158.03, for a total project cost of $162,640.83. SECTION 2. That $120,482.80 grant is appropriated in the No. 1061 Police Grants Fund to continue funding overtime for DWI, speed, and distracted driving enforcement. 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 day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 2 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 13, 2016 Second Reading Ordinance for the City Council Meeting of September 20, 2016 DATE: August 25, 2016 TO: Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2604 Accepting and appropriating the 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Program grant CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the U. S. Department of Justice, Bureau of Justice Assistance, in the amount of $163,004 for the FY 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and Appropriating the $163,004 in the No. 1061 Police Grants Fund to fund the enhancement of law enforcement efforts by the Police Department and Nueces County under an established interlocal agreement which provides that 50% of the funds be distributed to Nueces County. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice for any one or more of the following purpose areas: • Law enforcement programs • Prosecution and court programs • Prevention and education programs • Drug treatment programs • Corrections and community corrections programs • Planning, evaluation, and technology improvement programs With this award, the program has provided a total of $5,360,448 in grant funds to the City since the program began in 1996. The funds have been used to purchase backbone equipment for the Mobil Data/Automated Vehicle Location project, 27 police package vehicles, 69 unmarked police units, a property van, SWAT equipment, a bomb suit, digitized radios, radios for the Communications van, digital cameras, radars, video cameras, personal computer hardware and software, an upgrade to the computer system and the radio microwave system, a mobile police substation, polygraph instrument, air packs, SWAT rescue vehicle, radios for Project 25 compliance, automated ticket writers, and other police equipment. The Police Department and Nueces County proposes to purchase law enforcement equipment within the Attorney General Priority areas of gang enforcement/prevention, cybercrime, and intelligence analysis. On, City Council approved the grant application and an interlocal agreement with Nueces County to share the funds on a 50/50 basis. 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 $163,004 $163,004 BALANCE $163,004 $163,004 Fund(s): Police Grants Fund Comments: There is no match required by the City. The City will pay Nueces County a total of 50% or $81,502 of the JAG funds received from this award, per the interlocal agreement. RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant award letter Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the U. S. Department of Justice, Bureau of Justice Assistance, in the amount of $163,004 for the FY 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and Appropriating the $163,004 in the No. 1061 Police Grants Fund to fund the enhancement of law enforcement efforts by the Police Department and Nueces County under an established interlocal agreement which provides that 50% of the funds be distributed to Nueces County. 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 U. S. Department of Justice, Bureau of Justice Assistance, in the amount of $163,004 for the FY 16 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. SECTION 2. That $163,004 is appropriated in the No. 1061 Police Grants Fund for the enhancement of law enforcement efforts by the Police Department and Nueces County under an established interlocal agreement. Under the interlocal agreement, 50% of the funds are to be distributed to Nueces County. 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 U.S. Department of Justice Office of Justice Programs Bureau ofJustice Assistance Office of Justice Programs August 23, 2016 Ms. Margie Rose City of Corpus Christi 1201 Leopard Street P.O. Box 9277 Corpus Christi, TX 78401 Dear Ms. Rose: Washington, D.C. 20531 On behalf of Attorney General Loretta Lynch, it is my pleasure to inform you that the Office ofJustice Programs has approved your application for funding under the FY 16 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation in the amount of $163,004 for City of Corpus Christi. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash -on -hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Carrie Booth, Program Manager at (202) 305-7426; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Denise O'Donnell Director Enclosures OFFICE FOR CIVIL RIGHTS Office of Justice Programs U.S. Department of Justice 810 7th Street, NW Washington, DC 20531 Tel: (202) 307-0690 TTY: (202) 307-2027 E-mail: askOCR@usdoj.gov Website: www.ojp.usdoj.gov/ocr August 23, 2016 Ms. Margie Rose City of Corpus Christi 1201 Leopard Street P.O. Box 9277 Corpus Christi, TX 78401 Dear Ms. Rose: Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of federal funding to compliance with federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) is responsible for ensuring that recipients of financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) comply with the applicable federal civil rights laws. We at the OCR are available to help you and your organization meet the civil rights requirements that come with DOJ funding. Ensuring Access to Federally Assisted Programs Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in employment but also in the delivery of services or benefits. A federal law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits. In March of 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence Against Women Act of 1994 (VAWA) by including a nondiscrimination grant condition that prohibits discrimination based on actual or perceived race, color, national origin, religion, sex, disability, sexual orientation, or gender identity. The new nondiscrimination grant condition applies to certain programs funded after October 1, 2013. The OCR and the OVW have developed answers to some frequently asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions are available at http://ojp.gov/about/ocr/vawafaqs.htm. Enforcing Civil Rights Laws All recipients of federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to prohibitions against unlawful discrimination. Accordingly, the OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, the OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal opportunity standards. Providing Services to Limited English Proficiency (LEP) Individuals In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 41,455 (2002). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website http://www.lep.gov. Ensuring Equal Treatment for Faith -Based Organizations The DOJ regulation, Equal Treatment for Faith -Based Organizations, 28 C.F.R. pt. 38, requires State Administering Agencies (SAAs) to treat faith -based organizations the same as any other applicant or recipient. The regulation prohibits SAAs from making awards or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors. The regulation also prohibits faith -based organizations from using financial assistance from the DOJ to fund inherently (or explicitly) religious activities. While faith -based organizations can engage in non -funded inherently religious activities, they must hold them separately from the program funded by the DOJ, and recipients cannot compel beneficiaries to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the DOJ are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see the OCR's website at http://www.ojp.usdoj.gov/about/ocr/equal fbo.htm. SAAs and faith -based organizations should also note that the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as amended, 42 U.S.C. § 3789d(c); the Victims of Crime Act of 1984, as amended, 42 U.S.C. § 10604(e); the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, 42 U.S.C. § 5672(b); and VAWA, Pub. L. No. 113-4, sec. 3(b)(4), 127 Stat. 54, 61-62 (to be codified at 42 U.S.C. § 13925(b)(13)) contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the DOJ has concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case-by- case basis to permit some faith -based organizations to receive DOJ funds while taking into account religion when hiring staff, even if the statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment. Using Arrest and Conviction Records in Making Employment Decisions The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity Commission's Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 (June 2013), available at http://www.ojp.usdoj.gov//about/ocr/pdfs/UseofConviction Advisory.pdf. Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the Advisory, recipients should consult local counsel in reviewing their employment practices. If warranted, recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans (EEOPs) (see below). Complying with the Safe Streets Act An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act, must meet two obligations: (1) complying with the federal regulation pertaining to the development of an EEOP (see 28 C.F.R. pt. 42, subpt. E) and (2) submitting to the OCR findings of discrimination (see 28 C.F.R. §§ 42.204(c), .205(c)(5)). Meeting the ESOP Requirement If your organization has less than fifty employees or receives an award of less than $25,000 or is a nonprofit organization, a medical institution, an educational institution, or an Indian tribe, then it is exempt from the EEOP requirement. To claim the exemption, your organization must complete and submit Section A of the Certification Form, which is available online at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf. If your organization is a government agency or private business and receives an award of $25,000 or more, but less than $500,000, and has fifty or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare a Utilization Report (formerly called an EEOP Short Form), but it does not have to submit the report to the OCR for review. Instead, your organization has to maintain the Utilization Report on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to the OCR. The Certification Form is available at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf. If your organization is a government agency or private business and has received an award for $500,000 or more and has fifty or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare a Utilization Report (formerly called an EEOP Short Form) and submit it to the OCR for review within sixty days from the date of this letter. For assistance in developing a Utilization Report, please consult the OCR's website at http://www.ojp.usdoj.gov/about/ocr/eeop.htm. In addition, your organization has to complete Section C of the Certification Form and return it to the OCR. The Certification Form is available at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf. To comply with the EEOP requirements, you may request technical assistance from an EEOP specialist at the OCR by telephone at (202) 307-0690, by TTY at (202) 307-2027, or by e-mail at EEOsubmisson@usdoj.gov. Meeting the Requirement to Submit Findings of Discrimination If in the three years prior to the date of the grant award, your organization has received an adverse finding of discrimination based on race, color, national origin, religion, or sex, after a due -process hearing, from a state or federal court or from a state or federal administrative agency, your organization must send a copy of the finding to the OCR. Ensuring the Compliance of Subrecipients SAAs must have standard assurances to notify subrecipients of their civil rights obligations, written procedures to address discrimination complaints filed against subrecipients, methods to monitor subrecipients' compliance with civil rights requirements, and a program to train subrecipients on applicable civil rights laws. In addition, SAAs must submit to the OCR every three years written Methods of Administration (MOA) that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of subrecipients. For more information on the MOA requirement, see http://www.ojp.usdoj.gov/funding/other requirements.htm. If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial assistance, please contact us. Sincerely, Michael L. Alston Director cc: Grant Manager Financial Analyst TOE, U.S. Department of Justice o j Office of Justice Programs o (s 11 . \r,W Ie�ob e r Bureau of Justice Assistance p,•� ✓Ugp�CEe/ Grant PAGE 1 OF 12 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) City of Corpus Christi 1201 Leopard Street P.O. Box 9277 Corpus Christi, TX 78401 4. AWARD NUMBER: 2016-DJ-BX-0289 5. PROJECT PERIOD: FROM 10/01/2015 TO 09/30/2019 BUDGET PERIOD: FROM 10/01/2015 TO 09/30/2019 6. AWARD DATE 08/23/2016 7. ACTION 2a. GRANTEE IRS/VENDORNO. 746000576 8. SUPPLEMENT NUMBER 00 Initial 2b. GRANTEE DUNS NO. 069457786 9. PREVIOUS AWARD AMOUNT $ 0 3. PROJECT TITLE FY 16 JAG Program 10. AMOUNT OF THIS AWARD $ 163,004 11. TOTAL AWARD $ 163,004 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY16(BJA - JAG) 42 USC 3750, et seq. 14 . CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 16.738 - Edward Byrne Memorial Justice Assistance Grant Program 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL Denise O'Donnell Director 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Margie Rose Acting City Manager 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DJ 80 00 00 163004 21. RDJUGT0437 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 2 OF 12 PROJECT NUMBER 2016 -DJ -BX -0289 AWARD DATE 08/23/2016 SPECIAL CONDITIONS 1. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by the Department of Justice (DOJ) in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this 2016 award from the Office of Justice Programs (OJP). The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this 2016 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded in 2014 or earlier years), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this 2016 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the Office of Justice Programs (OJP) website at http://ojp.gov/funding/Part200UnifonnRequirements.htm. In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. 2. Compliance with DOJ Grants Financial Guide The recipient agrees to comply with the Department of Justice Grants Financial Guide as posted on the OJP website (currently, the "2015 DOJ Grants Financial Guide"), including any updated version that may be posted during the period of performance. 3. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2015, will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after -- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January 1, 2015, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at http://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 3 OF 12 PROJECT NUMBER 2016 -DJ -BX -0289 AWARD DATE 08/23/2016 SPECIAL CONDITIONS 4. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(0, and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. 5. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by DOJ awarding agency, must seek a budget -modification or change -of -project -scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. 6. Requirements related to System for Award Management and Unique Entity Identifiers The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at http://www.sam.gov. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at http://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This special condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 7. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at http://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: Award Condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 4 OF 12 PROJECT NUMBER 2016 -DJ -BX -0289 AWARD DATE 08/23/2016 SPECIAL CONDITIONS 8. Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $150,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $150,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at http://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post -award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $150,000)), and are incorporated by reference here. 9. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at http://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 10. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "2015 DOJ Grants Financial Guide"). 11. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of activities under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act, and other applicable laws. 12. OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at http://ojp.gov/funding/ojptrainingguidingprinciples.htm. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 5 OF 12 PROJECT NUMBER 2016 -DJ -BX -0289 AWARD DATE 08/23/2016 SPECIAL CONDITIONS 13. Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 14. The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high- risk" for purposes of the DOJ high-risk grantee list. 15. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 16. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Part 38 of 28 C.F.R., a DOJ regulation, was amended effective May 4, 2016. Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. The text of the regulation, now entitled "Partnerships with Faith -Based and Other Neighborhood Organizations," is available via the Electronic Code of Federal Regulations (currently accessible at http://www.ecfr.gov/cgi- bin/ECFR?page=browse), by browsing to Title 28 -Judicial Administration, Chapter 1, Part 38, under e -CFR "current" data. 17. Restrictions on "lobbying" Federal funds may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government. Should any question arise as to whether a particular use of Federal funds by a recipient (or subrecipient) would or might fall within the scope of this prohibition, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 6 OF 12 PROJECT NUMBER 2016 -DJ -BX -0289 AWARD DATE 08/23/2016 SPECIAL CONDITIONS 18. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2016) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2016, are set out at http://ojp.gov/funding/Explore/FY2016- AppropriationsLawRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 19. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award -- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by-- (1) mail directed to: Office of the Inspector General, U.S. Department of Justice, Investigations Division, 950 Pennsylvania Avenue, N.W. Room 4706, Washington, DC 20530; (2) e-mail to: oig.hotline@usdoj.gov; and/or (3) the DOJ OIG hotline: (contact information in English and Spanish) at (800) 869-4499 (phone) or (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at http://www.usdoj.gov/oig. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 7 OF 12 PROJECT NUMBER 2016 -DJ -BX -0289 AWARD DATE 08/23/2016 SPECIAL CONDITIONS 20. Restrictions and certifications regarding non -disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient -- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both -- a. it represents that -- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 8 OF 12 PROJECT NUMBER 2016 -DJ -BX -0289 AWARD DATE 08/23/2016 SPECIAL CONDITIONS 21. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. 22. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 23. The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). 24. The recipient agrees to comply with applicable requirements to report first-tier subawards of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward Reporting System (FSRS). The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the Office of Justice Programs web site at http://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, and its reporting requirement, does not apply to grant awards made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 25. Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 9 OF 12 PROJECT NUMBER 2016 -DJ -BX -0289 AWARD DATE 08/23/2016 SPECIAL CONDITIONS 26. In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, OJP requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for this particular grant. Grantee shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: http://www.it.ojp.gov/gspgrantcondition. Grantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 27. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 28. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 29. Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 30. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. 31. Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. 32. The grantee agrees that within 120 days of award acceptance, each current member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete required online (intemet-based) task force training. Additionally, all future task force members are required to complete this training once during the life of this award, or once every four years if multiple awards include this requirement. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org). This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. When BJA funding supports a task force, a task force personnel roster should be compiled and maintained, along with course completion certificates, by the grant recipient. Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 33. The recipient agrees to participate in BJA-sponsored training events, technical assistance events, or conferences held by BJA or its designees, upon BJA's request. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 10 OF 12 PROJECT NUMBER 2016 -DJ -BX -0289 AWARD DATE 08/23/2016 SPECIAL CONDITIONS 34. Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the Office of Justice Programs (OJP) program office prior to obligation or expenditure of such funds. 35. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at http://www.ojp.usdoj.gov/BJA/resource/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 36. The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest-bearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the grant funds in the trust fund (including any interest earned) during the period of the grant and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to the Office of Justice Programs at the time of closeout. 37. JAG funds may be used to purchase vests for an agency, but they may not be used as the 50% match for purposes of the Bulletproof Vest Partnership (BVP) program. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 11 OF 12 PROJECT NUMBER 2016 -DJ -BX -0289 AWARD DATE 08/23/2016 SPECIAL CONDITIONS 38. Ballistic -resistant and stab -resistant body armor purchased with JAG funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and are listed on the NIJ Compliant Body Armor Model List (http://nij.gov). In addition, ballistic -resistant and stab -resistant body armor purchased must be American- made. The latest NIJ standard information can be found here: http://www.nij.gov/topics/technology/body-armor/safety- initiative.htm. 39. The recipient agrees to submit a signed certification that all law enforcement agencies receiving vests purchased with JAG funds have a written "mandatory wear" policy in effect. Fiscal agents and state agencies must keep signed certifications on file for any subrecipients planning to utilize JAG funds for ballistic -resistant and stab -resistant body armor purchases. This policy must be in place for at least all uniformed officers before any JAG funding can be used by the agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. 40. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes, regulations, OMB circulars, and guidelines, including the DOJ Financial Guide, and to include the applicable conditions of this award in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 41. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. 42. Award recipients must submit quarterly Federal Financial Reports (SF -425) and semi-annual performance reports through GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA), P.L. 103-62, applicants who receive funding under this solicitation must provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submitted through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 43. Any law enforcement agency receiving direct or sub -awarded JAG funding must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de-escalation of conflict, and constructive engagement with the public. 44. BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To submit a success story, sign in to your My BJA account at https://www.bja.gov/Login.aspx to access the Success Story Submission form. If you do not yet have a My BJA account, please register at https://www.bja.gov/profile.aspx. Once you register, one of the available areas on your My BJA page will be "My Success Stories". Within this box, you will see an option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the new BJA Success Story web page at https://www.bja.gov/SuccessStoryList.aspx. 45. Recipient understands and agrees that award funds may not be used for items that are listed on the Controlled Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time, without explicit written prior approval from BJA. The Controlled Expenditure List, and instructions on how to request approval for purchase or acquisitions may be accessed here: https://www.bja.gov/funding/JAGControlledPurchaseList.pdf OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 12 OF 12 PROJECT NUMBER 2016 -DJ -BX -0289 AWARD DATE 08/23/2016 SPECIAL CONDITIONS 46. The recipient understands that, pursuant to recommendation 2.1 of Executive Order 13688, law enforcement agencies that acquire controlled equipment through Federal programs must adopt robust and specific written policies and protocols governing General Policing Standards and Specific Controlled Equipment Standards. General Policing Standards includes policies on (a) Community Policing; (b) Constitutional Policing; and (c) Community Input and Impact Considerations. Specific Controlled Equipment Standards includes policies specifically related to (a) Appropriate Use of Controlled Equipment; (b) Supervision of Use; (c) Effectiveness Evaluation; (d) Auditing and Accountability; and (e) Transparency and Notice Considerations. Upon OJP's request, the recipient agrees to provide a copy of the General Policing Standards and Specific Controlled Equipment Standards, and any related policies and protocols. 47. Recipient understands and agrees that the purchase or acquisition of any item on the Controlled Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time, with award funds by an agency will trigger a requirement that the agency collect and retain (for at least 3 years) certain information about the use of 1) any federally -acquired Controlled Equipment in the agency's inventory, and 2) any other controlled equipment in the same category as the federally -acquired controlled equipment in the agency's inventory, regardless of source; and make that information available to BJA upon request. Details about what information must be collected and retained may be accessed here: https://www.whitehouse.gov/sites/default/files/docs/leequipmentwgfmal report final.pdf 48. Recipient understands and agrees that failure to comply with conditions related to Prohibited or Controlled Expenditures may result in a prohibition from further Controlled Expenditure approval under this or other federal awards. 49. Recipient understands and agrees that award funds may not be used for items that are listed on the Prohibited Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time. The Prohibited Expenditure list may be accessed here: https://www.bja.gov/funding/JAGControlledPurchaseList.pdf. 50. Recipient understands and agrees that, notwithstanding 2 CFR § 200.313, no equipment listed on the Controlled Expenditure List that is purchased under this award may be transferred or sold to a third party, except as described below: a. Agencies may transfer or sell any controlled equipment, except riot helmets and riot shields, to a Law Enforcement Agency (LEA) after obtaining prior written approval from BJA. As a condition of that approval, the acquiring LEA will be required to submit information and certifications to BJA as if it was requesting approval to use award fund for the initial purchase of items on the Controlled Expenditure List. b. Agencies may not transfer or sell any riot helmets or riot shields purchased under this award. c. Agencies may not transfer or sell any Controlled Equipment purchased under this award to non -LEAs, with the exception of fixed wing aircraft, rotary wing aircraft, and command and control vehicles. Before any such transfer or sale is finalized, the agency must obtain prior written approval from BJA. All law enforcement -related and other sensitive or potentially dangerous components, and all law enforcement insignias and identifying markings must be removed prior to transfer or sale. Recipient further understands and agrees to notify BJA prior to the disposal of any items on the Controlled Expenditure List purchased under this award, and to abide by any applicable laws and regulations in such disposal. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau ofJusticeAssistance Washington, D.C. 20531 Memorandum To: Official Grant File From: Orbin Terry, NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Corpus Christi The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see https://www.bja.gov/Funding/nepa.html. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. U.S. Department of Justice C���NT Of ✓G� Office of Justice Programs o - T 5 * . � Bureau of Justice Assistance ,�,s S!, GQ' GRANT MANAGER'S MEMORANDUM, PT. I• PROJECT SUMMARY Grant PROJECT NUMBER 2016 -DJ -BX -0289 PAGE 1 OF 1 This project is supported under FY16(BJA - JAG) 42 USC 3750, et seq. 1. STAFF CONTACT (Name & telephone number) Carrie Booth (202) 305-7426 2. PROJECT DIRECTOR (Name, address & telephone number) Pat Eldridge Senior Management Assistant P. O. Box 9277 Corpus Christi, TX 78469-9016 (361) 886-2696 3a. TITLE OF THE PROGRAM 2016 Edward Byrne Memorial Justice Assistance Grant Program 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 4. TITLE OF PROJECT FY 16 JAG Program 5. NAME & ADDRESS OF GRANTEE City of Corpus Christi 1201 Leopard Street P.O. Box 9277 Corpus Christi, TX 78401 6. NAME & ADRESS OF SUBGRANTEE 7. PROGRAM PERIOD FROM: 10/01/2015 TO: 09/30/2019 8. BUDGET PERIOD FROM: 10/01/2015 TO: 09/30/2019 9. AMOUNT OF AWARD $ 163,004 10. DATE OF AWARD 08/23/2016 11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation). The disparate jurisdictions will utilize the JAG award to support law enforcement, prosecution, and court initiatives. Purchases include: radio batteries, security printer, generators, uninterruptable power supply batteries, Security ID scanner, conversion equipment for patrol rifles, and an upgrade to the existing Gang Scope OJP FORM 4000/2 (REV. 4-88) Database. Funds will also be used to provide law enforcement training and support the salary/benefits for a prosecutor, which will improve the effectiveness and efficiency of the criminal justice system. NCA/NCF AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 13, 2016 Second Reading Ordinance for the City Council Meeting of September 20, 2016 DATE: TO: August 19, 2016 Margie Rose, City Manager THRU: Annette Rodriguez, M.P.H., Director of Public Health Annetter@cctexas.com 361-826-7205 FROM: William Milan Uhlarik, M.B.A., A.R.M., Assistant Director of Public Health Williamu2@cctexas.com 361-826-1348 Acceptance of the Laboratory Response Network (LRN)—Public Health Emergency Preparedness (PHEP) Grant in the amount of $201,123, and appropriation of the funds for the contract period July 1, 2016 through June 30, 2017 CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Community Preparedness Section - Laboratory Response Network - Public Health Emergency Preparedness (CPS-LRN-PHEP) grant in the amount of $201,123.00, increasing the total amount to $402,246.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund, to provide continued emergency preparedness laboratory services, for the amended contract period July 1, 2015, through June 30, 2017; appropriating the increased grant amount; and ratifying acceptance of the amended grant agreement to begin June 1, 2016. PURPOSE: To pay for personnel costs, supplies and other expenses to provide a Public Health Emergency Preparedness Laboratory Response Program relating to maintain and support an action plan to respond to an act of bio -terrorism and biological threats in the community. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant amendment in the amount of $402,246.00 to maintain the LRN laboratory activities within the Corpus Christi-Nueces County Public Health District beginning July 1, 2015 through June 30, 2017 for the purchase of supplies, equipment, travel expenses and personnel salary with fringe benefits to support the preparedness and response activities enabling expedient and appropriate response to events of public health consequences. ALTERNATIVES: Discontinue LRN laboratory response network activities and thereby cause a delay in or prevent expedient and appropriate response to public health threats. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency. This item requires two readings and ratification of the grant contract to begin July 1, 2016. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 201,123 201,123 BALANCE 201,123 201,123 Fund(s): Grant Comments: No fiscal impact to General Fund. Grant award of $201,123 with 10% ($20,112) indirect in-kind match. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Contract No. 2016-001139-00 Amendment 01 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Community Preparedness Section - Laboratory Response Network — Public Health Emergency Preparedness (CPS-LRN-PHEP) grant in the amount of $201,123.00, increasing the total amount to $402,246.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund, to provide continued emergency preparedness laboratory services, for the amended contract period July 1, 2015, through June 30, 2017; appropriating the increased grant amount; and ratifying acceptance of the amended grant agreement to begin June 1, 2016. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: The City Manager or designee is authorized to execute all documents necessary to accept an amended grant amount of $402,246.00, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the amended contract period of July 1, 2015 through June 30, 2017, to provide continued emergency preparedness laboratory services. Section 2: That the increased grant amount of $201,123.00, is appropriated in the No. 1066 Health Grants Fund to continue the CPS-LRN-PHEP grant in the Health Department. Section 3: The amendment includes revisions to Section 7 Statement of Work; the Budget Summary; and Section 16 Special Provisions. Section 4: Further the City Council ratifies acceptance of the grant amendment to begin as of July 1, 2016. A copy of the executed grants shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 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 th day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor DEPARTMENT OF STATE HEALTH SERVICES Contract 2016-001139 Amendment Summary The Department of State Health Services (DSHS) and Corpus Christi-Nueces County Public Health District (City) (Contractor) agree to amend Contract 2016-001139 in accordance with this Amendment 01: CPS -LABORATORY RESPONSE NETWORK-PHEP Amendment affective date: 06/01/2016 Purpose for the amendment: This amendment will amend certain contractual language, extend contract term and revise budget. Change No: 01 Total Amount Current: 2. Total Amount: The total amount of this Contract is 5201,123.00. Revised: 2. Total Amount The total amount of this Contract is 5402.246.00. , Change No: 02 Term of the Contract Current: Section 4. Term of the Contract: This Contract begins on 07101/2015 and ends on 0613012016. Revised: Section 4. Term of the Contract: This Contract begins on 07101/2015 and ends on 0613012017. Change No: 03 Statement of Work Current! A. Contractor will perform activities (continue Level 1 and Level 2 chemical laboratory surge capacity activities, comply with new Laboratory Readiness Network (LRN) requirements for biological laboratories. coordinate with cross -cutting public health preparedness partners, and analyze real-time clinical specimens) in support of the Public Health Emergency Preparedness Cooperative Agreement (Funding Opportunity Number CDC-RFA-TP12-120102CONT15) and the Office of the Assistant Secretary for Preparedness and Response (OASPR) from the Centers for Disease Control and Prevention (CDC). CDC's five-year Public Health Emergency Preparedness (PHEP) — Hospital Preparedness Program (HPP) Cooperative Agreement seeks to align PHEP and HPP programs and advance public health and healthcare preparedness and Insure jurisdictions are capable of providing a standard battery of tests for high priority biological threats and emerging infectious diseases. Contractor shall perform the activities required under this Program Attachment in the Service Area designated in the most recent version of Section 8. "Service Area of this contract Revised: A. Contractor will perfomt activities (continue Level 1 and Level 2 chemical laboratory surge capacity activities, comply with new Laboratory Readiness Network (LRN) requirements for biological laboratories, coordinate with cross -cutting public health preparedness partners, and analyze real-time clinical specimens) In support of the Public Health Emergency Preparedness Cooperative Agreement (Funding Opportunity Number COC-RFA-TP12-120102CONT15 and CDC-RFA-TP12-120104CONT16) and the Office of the Assistant Secretary for Preparedness and Response (OASPR) from the Centers for Disease Control and Prevention (CDC). CDC's Live -year Public Health Emergency Preparedness (PHEP) — Hospital Preparedness Program (HPP) Cooperative Agreement seeks to align PHEP and HPP programs and advance public health and healthcare preparedness and ensure Jurisdictions are capable of providing a standard battery of tests for high priority biological threats and emerging infectious diseases. Contractor shalt perform the activities required under this Program Attachment in the Service Area designated in the most recent version of Section 8. "Service Area" of this contract. The total allocation amount for FY16 (0710112015 through 06/30/2016) Is 5201,123.00 The total allocation amount for FY17 (07/01/2016 through 81912016 _ 06/30/2017) is $201,123.00 Change No: 04 Statement of Work Current: B. Contractor will comply with new biological laboratory requirements in accordance with the revised CDC policy for LRN-B Reference Level Laboratories. Revised: B. Contractor will comply with new biological Laboratory requirements In accordance with the revised CDC policy for LRN-B Reference Level Laboratories. Laboratories must attain and maintain LRN-B Member Standard Level as detailed in the LRN Checklist of Laboratory Requirements. Minimum standards are required for testing capabilities, administrative activities, emerging infectious disease preparedness. and Instrumentation and equipment. _Change No: 05 Statement of Work Current: J. The Contractor is required to provide matching funds for this Contract not less than ten -percent of the allocation amount. Cash match is defined as an expenditure of cash by the contractor on allowable costs of this Contract that ere home by the contractor, in-kind match is defined as the dollar value of non-cash contributions by a third party given in goods, commodities, or services that are used in activities that benefit this Contract's project and that are contributed by non-federal third parties without charge to the contractor. The criteria for match must Revised: J. The Contractor is required to provide matching funds far each fiscal year (FY16 and FY17) for this Contract not less than ten -percent of the allocation amount for each fiscal year. (FY16 07101/2015 — 06/3012016 and FY17 07101/2016 — 06/30/2017.) Cash match is defined as an expenditure of cash by the contractor on allowable costs of this Contract that are bome by the contractor. Cash match is defined as an expenditure of cash by the contractor on allowable costs of this Contract that are borne by the contractor. In-kind match is defined as the dollar value of nen-cash contributions by a third party given in goods, commodities, or services that are used in activities that benefit this Contract's project and that are contributed by non federal third parties without charge to the contractor. The criterialor match must Change No: 06 Statement of Work Current: Section 7, 0. 8. Provide LRN surge capability plan; Revised: Section 7.0. 8. Provide LRN surge capability plan that details how the LRN laboratory watt manage a surge in sample capacity. The plan should include: work hours, instruments and equipment, personnel and staffing, and identify essential lab service that must be maintained during an outbreak or emergency event. Change No: 07 Statement of Work Current: Section 7.0. 9. Maintain extensive collaboration with all hospitals located in the identified service area to plan for response activities for blothreats; Revised: Section 7.0. 9. Maintain extensive collaboration with all hospitals located In the identified service area to plan for response activities for biological threats. LRN service regions can be found here: http:llwww.dshs.state.tx.usllableprLRN.shtm Change No: 08 Statement of Work Current: Section 7.0. 15. An end -of -year performance report in a formai specified by DSHS no later than August 15, 2016. Revised: Section 7, 0, 15. Provide an end -of -year performance report in a format specHied by DSHS no later than August 15, 2016 for FY16 and by August 15, 2017 for FY17: Change No: 09 Statement of Work 6/9/2016 Current: Performance Measures: B. Failure to meet the requirements in Section I may result In withholding a portion of the BP4 PHEP base award. Revised: Performance Measures: B. Failure to meet the requirements in Section I may result in withholding a portion of the BP41FY16 or BP5IFY17 PHEP base award. Change No: 10 Budget Summary Current: FY 16 Budget Summary DSHS Funds Requested: Personnel = 596,684.00 Fringe Benefits = 535,096.00 Travel = 514,355.00 Equipment = 50.00 Supplies = 522,305.00 Contractual = S0.00 Other = 532,683.00 Total Direct Costs = 5201,123.00 Indirect Costs = 50.00 Totals = $201,123.00 Cash Match: Personnel = 50.00 Fringe Benefits = 50.00 Travel = 50.00 Equipment = $0.00 Supplies it 50.00 Contractual = 50.00 Other = 50.00 Total Direct Costs = 50.00 Indirect Costs = 520,112.00 Totals = 520,112.00 In Kind Match Contributions: Personnel = 50.00 Fringe Benefits = 50.00 Travel = 50.00 Equipment = 50.00 Supplies = 50.00 Contractual = 50.00 Other = $0.00 Total Direct Costs = 50.00 Indirect Costs = 50.00 Totals = 50.00 Category Total: Personnel = 596,684.00 Fringe Benefits = 535,096.00 Travel = 514,355.00 Equipment = 50.00 Supplies = 522,305.00 Contractual = 50.00 Other = 532,683.00 Total Direct Costs it 5201,123.00 indirect Costs = 520,112.00 Totals = 5221,235.00 Revised: Combined Budget Summary DSHS Funds Requested: Personnel = 5195,060.00 Fringe Benefits = 574,466.00 Travel 526,172.00 Equipment = 50.00 Supplies = 539,805.00 Contractual = 50.00 Other = 566,743.00 Total Direct Costs = $402,246.00 Indirect Costs = 50.00 Totals = 5402.246.00 Cash Match: Personnel = 50.00 Fringe Benefits = 50.00 Travel = 50.00 Equipment = 50.00 Supplies = 50.00 Contractual = $0.00 Other = 50.00 Total Direct Costs = 50.00 Indirect Costs = 50.00 Totals = 50.00 In Kind Match Contributions: Personnel = 50.00 Fringe Benefits = 50.00 Travel = 50.00 Equipment = 50.00 Supplies = S0.00 Contractual = 50.00 Other = 520,113.00 Total Direct Costs = 520,113.00 Indirect Costs = 520,112.00 Totals = 540,225.00 Category Total: Personnel = 5195,060.00 Fringe Benefits = 574,466.00 Travel 526,172.00 Equipment = 50.00 Supplies = 539,805.00 Contractual = 50.00 Other = 586,856.00 Total Direct Costs = 5422,359.00 Indirect Costs = 520,112.00 Totals = S442.471.00 Change No: 11 Special Provision 81912016 Current: Section 16. A. Contractor will submit final close-out bill or revisions to previous reimbursement request(s) no later than August 15, 2016, for costs incurred between the services dates of July 1, 2015 and June 30, 2016. No expenditures with service dates from July 1.2015 to June 30, 2016 will be paid after August 15, 2016 from the Budget Period 4 (BP4) allocation. This Subsection supersedes Section 4.03 of the Fiscal Year 2015 Department of State of Health Services General Provisions (Core/Sub Recipient). Revised: A. General Provisions, ARTICLE 111. SERVICES, Section 3.02 Disaster Services, is revised to Include the following: In the event of a local, stale, or federal emergency the Contractor has the authority to utilize approximately 5% of staff's time supporting this Program Attachment for response efforts. DSHS shall reimburse Contractor up to 5% of this Program Attachment funded by Center for Disease Control and Prevention (CDC) for personnel costs responding to an emergency event. Contractor shall maintain records to document the time spent on response efforts for auditing purposes. Allowable activities also include participation of drills and exercises in the pre event time period. Contractor shall notify the Assigned Contract Manager in writing when this provision is implemented. Change No: 12 Current: Special Provision B. DSHS will monitor Contractor's billing activity and expenditure reporting on a quarterly basis. Based on these reviews, DSHS may reallocate funding between contracts to maximize use of available funding. Revised: B. General Provisions, Payment Methods and Restrictions, Section 5,03, Final Baling Submission, is modified 10 add the following: Contractor will submit final close-out bill or revisions to previous reimbursement request(s) no later Than August 15, 2016 for costs incurred between the services dales of July 1, 2015 to June 30, 2016. Contractor will submit final close-out bill or revisions to previous reimbursement request(s) no later than August 15, 2017 for costs Incurred between the services dates of July 1.2018 to June 30, 2017. Change No: 13 Current: Special Provision C. General Provisions, Allowable Costs and Audit Requirements Article VII, is amended to include the following: For the purposes of this Contract, funds may not be used for fundraising activities, lobbying, research; construction, major renovations, reimbursement of preaward costs; clinical care; the purchase of vehicles, funding an award to another party or provider who Is ineligible, or backfilling costs for Mab new construction, or the purchase of Incentive items. Revised: C. General Provisions, Compliance and Reporting, Article 11, Section 2.08(a) is modified by deleting it in its entirety and replacing it with the following language: a. The following sections or portions of sections of these General Provisions will not apply to interagency or interlocal contracts: 1. Hold Harmless and IndemNfcatlon, Section 13.19; Ii. Independent Contractor, Section 12.15 (delete the third sentence in its entirety; delete the word "employees' in the Fourth sentence; the remainder of the section applies); M. Insurance, Section 12.03; iv. Liability Coverage, Section 12.05; v. Fidelity Bond, Section 12.04; vi. Historically Underutilized Businesses, Section 12,10 (Contractor, however, will comply with HUB requirements of other statutes and rules specifically applicable to that entity); vii. Debt to State and Corporate Status, Section 3.01; vita. Application of Payment Due, Section 3.02; and Article XV Claims against the Department (This Article is inapplicable to interagency contracts only). Change No: 14 Current: Special Provisions D. General Provisions, Access and Inspection Article XI, Revised: D. General Provisions, Payment Methods and Restrictions, . 8/9/2016 Access Section 11.01 Is hereby revised to include the following: In addition to the site visits authorized by this Article of the General Provisions, Contractor will allow DSHS to conduct on-site quality assurance reviews of Contractor. Contractor will comply with all DSHS documentation requests and on-site visits. Contractor will make available for review all documents related to this Contract upon request by the DSHS Program staff. Article V, Section 5.01 is revised to Include the following: Contractor may request a one-time working capital advance not to exceed 121 of the total amount of the Contract funded by DSHS. All advances must be expended by the end of the contract term. Advances not expended by the end of the contract term must be refunded to DSHS. Contractors will repay all or part of advance funds at any lime during the Contract's term. However, If the advance has not been repaid prior to the last three months of the Contract term, the contractor must deduct at least one -Third of the remaining advance from each of the last three months' reimbursement requests. ff the advance is not repaid prior to the last three months of the Contract term, DSHS will reduce the reimbursement request by one-third of the remaining balance of the advance. Change No: 15 Special Provisions Current: E. General Provisions, General Business Operations of Contractor Article XIV, Equipment Purchases (Including Controlled Assets), Section 14.20, is revised as follows: Contractor is required 10 initiate the purchase of approved equipment no later than June 30, 2016 as documented by issue of a purchase order or written order confirmation from the vendor on or before June 30, 2016. In addition, all equipment must be received no later than 45 calendar days following the end of the Contract term. Revised' E. General Provisions, Access and Inspection Article XI, Section 11.01 is revised to include the following: In addition to the site visits authorized by this Article of the General Provisions, Contractor will allow DSHS lo conduct on-site quality assurance reviews of Contractor. Contractor will comply with all DSHS documentation requests and on-site visits. Contractor will make available for review all documents related to the Contract, upon request by the DSHS Program staff. Change No: 16 Special Provision Current: F. General Provisions, General Terms Article XV, Amendment Section 15.15, is amended to Include the following: Contractor must submit all amendment and revision requests In writing to the Division Contract Management Unit at least 90 days prior to the end of the term of this Contract. Revised: Contractor, Article XIV, Section 14.20, Equipment, Is revised to add the following: Contractor Is required to initiate the purchase of approved equipment no later than June 30, 2016 for FY16 and no later than June 30, 2017 for FY17 as documented by Issue of a purchase order or written order confirmation from the vendor on or before June 30, 2018 for FY16 and on or before June 30, 2017 for FY17. In addition, all equipment and supplies must be received no later than 45 calendar days following the end of the Contract term. All other terms and conditions not hereby amended are to remain in hill force and effect. In the event of a conflict between the terms of this contract and the terms of this Amendment, this Amendment shall control. 8/912016 Contractor Signature I certify that I am authorized to sign this document and I have read and agree to all parts of the contract, including any attachments and addendums. Signed by: Dale Signed: DSHS Signature I certify that I am authorized to sign this document and I have read and agree to all parts of the contract, including any attachments and addendums. Signed by: Date Signed: A'proved a5 i F licp 111 Wor 1114 y orney For City Attorney 8/9/2015 DEPARTMENT OF STATE HEALTH SERVICES CONTRACT 2016-001139-01 This Contract is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and Corpus Christi-Nueces County Public Health District (City) (Contractor), a Governmental, (collectively, the Parties) entity. 1. Purpose of the Contract: DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations. 2. Total Amount: The total amount of this Contract is $402,246.00. 3. Funding Obligation: This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract. 4. Term of the Contract: This Contract begins on 07/01/2015 and ends on 06/30/2017. DSHS has the option, in its sole discretion, to renew the Contract. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 5. Authority: DSHS enters into this Contract under the authority of Health and Safety Code, Chapter 1001. 6. Program Name: CPSILRN-PHEP CPS -LABORATORY RESPONSE NETWORK-PHEP Page 1 of 18 7. Statement of Work: A. Contractor will perform activities (continue Level 1 and Level 2 chemical laboratory surge capacity activities, comply with new Laboratory Readiness Network (LRN) requirements for biological laboratories, coordinate with cross -cutting public health preparedness partners, and analyze real-time clinical specimens) in support of the Public Health Emergency Preparedness Cooperative Agreement (Funding Opportunity Number CDC-RFA-TP12-120102CONT15 and CDC-RFA-TP12-120104CONT16) and the Office of the Assistant Secretary for Preparedness and Response (OASPR) from the Centers for Disease Control and Prevention (CDC). CDC's five-year Public Health Emergency Preparedness (PHEP) — Hospital Preparedness Program (HPP) Cooperative Agreement seeks to align PHEP and HPP programs and advance public health and healthcare preparedness and ensure jurisdictions are capable of providing a standard battery of tests for high priority biological threats and emerging infectious diseases. Contractor shall perform the activities required under this Program Attachment in the Service Area designated in the most recent version of Section 8. "Service Area" of this contract. The total allocation amount for FY16 (07/01/2015 through 06/30/2016) is $201,123.00 The total allocation amount for FY17 (07/01/2016 through 06/30/2017) is $201,123.00 The Total amount of this Contract will not exceed $402,246.00 B. Contractor will comply with new biological laboratory requirements in accordance with the revised CDC policy for LRN-B Reference Level Laboratories. Laboratories must attain and maintain LRN-B Member Standard Level as detailed in the LRN Checklist of Laboratory Requirements. Minimum standards are required for testing capabilities, administrative activities, emerging infectious disease preparedness, and instrumentation and equipment. C. Contractor will not exceed the total amount of this Contract without DSHS prior approval, which will be evidenced by the Parties executing a written amendment. D. Contractor will comply with all applicable federal and state laws, rules, and regulations including, but not limited to, the following: 1. Public Law 107-188, Public Health Security and Bioterrorism Preparedness and Response Act of 2002; 2. Public Law 113-05, Pandemic and All -Hazards Preparedness Reauthorization Act; and 3. Texas Health and Safety Code Chapter 81. E. The Parties have the authority under Texas Government Code Chapter 791 to enter into this Interlocal Cooperation Contract. F. The following documents and resources are incorporated by reference and made a part of this Contract: 1. DSHS and CDC Public Health Emergency Preparedness Cooperative Agreement, Funding Opportunity Number: CDC -RFA TP12-120102CONT15; 2. Public Health Preparedness Capabilities: National Standards for State and Local Planning, March 2011: http://www.cdc.gov/phprlcapabilities/DSLR_capabilities_July.pdf; Page 2 of 18 3. Presidential Policy Directive 8/PPD-8, March 30, 2011: http://www.hlswatch.com/wp-contentluploads/2011/04/PPD-8-Preparedness.pdf; 4. Homeland Security Exercise and Evaluation Plan (HSEEP) Documents: https://hseep.dhs.gov/pages/1001_HSEEP7.aspx; 5. Ready or Not? Have a Plan; Surviving Disaster: How Texans Prepare (videos): http://www.texasprepares.org/survivingdisaster.htm; 6. Preparedness Program Guidance(s) as provided by DSHS and CDC; and 7. FY2015 Office of the Assistant Secretary for Preparedness and Response (OASPR) Hospital Preparedness Program — CFDA Number 93.074 http:llwww.phe.govlpreparedness1planninglhppfpagesfdefault.aspx. G. Funds awarded for this Contract must be matched by costs or third party contributions that are not paid by the Federal Government under another award, except where authorized by Federal statute to be used for cost sharing or matching. The non-federal contributions (match) may be provided directly or through donations from public or private entities and may be in cash or in-kind donations, fairly evaluated, including plant, equipment, or services. The costs that the Contractor incurs in fulfilling the matching or cost-sharing requirement are subject to the same requirements, including the cost principles, that are applicable to the use of Federal funds, including prior approval requirements and other rules for allowable costs as described in 45 CFR 74.23 and 92.24. H. Contractor will notify DSHS in advance of Contractor's plans to participate in or conduct local exercises, in a format specified by DSHS. Contractor will participate in statewide exercises planned by DSHS as needed to assess the capacity of Contractor to respond to bioterrorism, other outbreaks of infectious disease, and other public health threats and emergencies. Contractor will prepare after -action reports, documenting and correcting any identified gaps or weaknesses in preparedness plans identified during exercise, in a form specified by DSHS. I. Contractor will cooperate with DSHS to coordinate all planning, training and exercises performed under this Contract with the Governor's Division of Emergency Management of the State of Texas, or other points of contact at the discretion of the division, to ensure consistency and coordination of requirements at the local level and eliminate duplication of effort between the various domestic preparedness funding sources in the state. J. The Contractor is required to provide matching funds for each fiscal year (FY16 and FY17) for this Contract not less than ten -percent of the allocation amount for each fiscal year. (FY16 07/01/2015 — 06/30/2016 and FY17 07/01/2016 -- 06/30/2017.) Cash match is defined as an expenditure of cash by the contractor on allowable costs of this Contract that are bome by the contractor. Cash match is defined as an expenditure of cash by the contractor on allowable costs of this Contract that are borne by the contractor. In-kind match is defined as the dollar value of non-cash contributions by a third party given in goods, commodities, or services that are used in activities that benefit this Contract's project and that are contributed by non-federal third parties without charge to the contractor. The criteria for match must: 1. Be an allowable cost under the applicable federal cost principle; 2. Be necessary and reasonable for the efficient accomplishment of project or program objectives; 3. Be verifiable within the contractor's (or subcontractor's) records; Page 3 of 18 4. Be documented, including methods and sources, in the approved budget (applies only to cost reimbursement Contracts); 5. Not be included as contributions toward any other federally -assisted project or program (match can count only once); B. Not be paid by the Federal Government under another award, except where authorized by Federal statute to be used for cost sharing or match; 7. Conform to other provisions of governing circulars/statutes/regulations as applicable for the Contract; 8. Be adequately documented; 9. Must follow procedures for generally accepted accounting practices as well as meet audit requirements; and 10. Value the in-kind contributions reported and must be supported by documentation reflecting the use of goods and/or services during the Contract term. K. In the event of a public health emergency involving a portion of the state, Contractor will mobilize and dispatch staff or equipment purchased with funds from the previous PHEP cooperative agreement and that are not performing critical duties in the jurisdiction served to the affected area of the state upon receipt of a written request from DSHS. L. Contractor will inform DSHS in writing if Contractor will not continue performance under this Contract within 30 days of receipt of an amended standard(s) or guideline(s). After receipt of this Notice, DSHS may terminate this Contract immediately or within a reasonable period of time as determined by DSHS. M. Contractor will develop, implement and maintain a timekeeping system for accurately documenting staff time and salary expenditures for all staff funded through this Contract, including partial full-time employees and temporary staff. N. DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. DSHS will monitor Contractor's expenditures on a quarterly basis. If expenditures are below that projected in Contractor's total Contract amount, Contractor's budget may be subject to a decrease for the remainder of the Term of the Contract. Vacant positions existing after ninety days may result in a decrease in funds. O. The Contractor will: 1. Maintain a confirmatory bioterrorism testing laboratory with a staff trained and proficient in CDCs LRN biothreat protocols; 2. Provide test samples from identified service area for biothreat agents and toxins. Once biological agent is identified, Contractor will be prepared to test for other infectious agents and for other public health threats and emergencies; 3. Test food samples for select biological agents using conventional and advanced bacteriological techniques and CDC-LRN protocols; 4. Maintain extensive collaboration with local law enforcement, hazardous material and other emergency responders. In addition, Contractor will prepare Standard Operating Procedures and Standard Operating Guidelines (SOPs/SOGs) covering interaction with these agencies in the event of an emergency or incident; 5. Provide documentation verifying that all new or revised SOPs/SOGs related to preparedness to have Page 4 of 18 been approved/reviewed to DSHS with quarterly report; 6. Utilize DSHS's provided Public Health Laboratory Information Management System (PHLIMS), or a LIMS that has been configured to be compatible with the CDC Results Messenger (RM) reporting system, or CDC RM for reporting biothreat testing and results. This reporting will include sample and laboratory data as well as the final report; 7. Prepare current information during an incident; 8. Provide LRN surge capability plan that details how the LRN laboratory will manage a surge in sample capacity. The plan should include: work hours, instruments and equipment, personnel and staffing, and identify essential lab service that must be maintained during an outbreak or emergency event. 9. Maintain extensive collaboration with all hospitals located in the identified service area to plan for response activities for biological threats. LRN service regions can be found here: http://www.dshs.state.tx.us/lab/eprLRN.shtm 10. Present laboratory -oriented training to hospitals and reference laboratories in the identified service area on the LRN sentinel protocols to include packaging and shipping of both biological and chemical samples according to published CDC protocols; 11. Maintain a system for safe specimen transport from local laboratories; 12. Explore the capabilities and needs of sentinel laboratories; 13. Describe their plans to meet updated LRN-B program requirements for Standard reference level laboratories as outlined in the Funding Opportunity Announcement FOA, Appendix 10; 14. Programmatic reports as directed by DSHS in a format specified by DSHS. Contractor will provide DSHS other reports, including financial reports, and any other reports that DSHS determines necessary to accomplish the objectives of this contract and to monitor compliance; 15. An end -of -year performance report in a format specified by DSHS no later than August 15, 2016 for FY16 and by August 15, 2017 for FY17; 16. Reports as requested by DSHS to satisfy information -sharing Requirements set forth in Texas Government Code, Sections 421.071 and 421.072 (b) and (c); and 17. If Contractor is legally prohibited from providing any reports required under this Contract, then the Contractor will immediately notify DSHS in writing. P. Contractor's laboratory microbiologist will be responsible for: 1. Training other Contractor laboratory staff in setting up and performing all diagnostic and reference testing for select biological agents; 2. Monitoring and evaluating biothreat incidents, outbreaks of infectious disease and other public health threats and emergencies; 3. Communicating with all other laboratories within the service area as defined by DSHS; and Page 5 of 18 4. Interacting with DSHS and CDC. Q. In the event of a local, state, or federal emergency the Contractor has the authority to utilize approximately five percent of the Contractor's staffs time supporting this Contract for response efforts. DSHS will reimburse Contractor up to five percent of this Contract funded by CDC for personnel costs responding to an emergency event. Contractor will maintain records to document the time spent on response efforts for auditing purposes. Allowable activities also include participation of drills and exercises in the pre -event time period. Contractor will notify the Assigned Contract Manager in writing when this provision is implemented. R. For the purposes of this Contract, the Contractor may not use funds for fundraising activities, lobbying, research, construction, major renovations and reimbursement of pre -award costs, clinical care, purchase of vehicles of any kind, funding an award to another party or provider who is ineligible, backfilling costs for staff or the purchase of incentive items. PERFORMANCE MEASURES: A. Contractor will meet and report performance measures based on milestones that are developed in coordination with DSHS for the Contractor's project as provided in the Section I. The Contractor must also demonstrate adherence to PHEP reporting deadline and the capability to receive, stage, store, distribute and dispense materiel during a public health emergency. B. Failure to meet the requirements in Section 7 may result in withholding a portion of the BP41FY16 or BP51FY17 PHEP base award. C. DSHS will send a schedule for the reporting these Performance Measures within 30 days of the contract start date, which is subject to change as DSHS and CDC modify performance measures and due dates. SECTION VII. BILLING INSTRUCTIONS: Contractor will request payment using the State of Texas Purchase Voucher (Form B-13) on a monthly basis and acceptable supporting documentation for reimbursement of the required services/deliverables. Additionally, the Contractor will submit the Financial Status Report (FSR -269A) and the Match Reimbursement Certification (B -13A) on a quarterly basis. Vouchers, supporting documentation, Financial Status Report, and B -13A should be mailed or emailed to the addresses below. Claims Processing Unit, MC1940 Texas Department of State Health Services 1100 West 49th Street PO Box 149347 Austin, TX 78714-9347 B-13: invoices@dshs.state.tx.us Php.vouchersupport@dshs.state.tx.us Support Document: invoices@dshs.state.tx.us Php.vouchersupport@dshs.state.tx.us B -13A: invoices@dshs.state.tx.us Page 6 of 18 Php.vouchersupport@dshs.state.tx.us FSR: invoices@dshs.state.tx.us Php.vouchersupport@dshs.state.tx.us FSRGrants@dshs.state.tx.us Page 7 of 18 8. Service Area Calhoun County, Goliad County, Jackson County, Victoria County, Aransas County, Bee County, Jim Wells County, Kleberg County, Live Oak County, Nueces County, Refugio County, San Patricia County Page 8 of 18 This section intentionally left blank. Page 9 of 18 10. Procurement method: Non -Competitive Interagency/Interlocal GST -2012 -Solicitation -00030 DCPS GOLIVE LRN PHEP 11. Renewals: Number of Renewals Remaining: 0 Date Renewals Expire: 06/30/2017 12. Payment Method: Cost Reimbursement 13. Source of Funds: 93.069, 93.069, 93.069 14. DUNS Number: 069457786 Page 10 of 18 This section intentionally left blank. Page 11 of 18 16. Special Provisions A. General Provisions, ARTICLE III. SERVICES, Section 3.02 Disaster Services, is revised to include the following: In the event of a local, state, or federal emergency the Contractor has the authority to utilize approximately 5% of staffs time supporting this Program Attachment for response efforts. DSHS shall reimburse Contractor up to 5% of this Program Attachment funded by Center for Disease Control and Prevention (CDC) for personnel costs responding to an emergency event. Contractor shall maintain records to document the time spent on response efforts for auditing purposes. Allowable activities also include participation of drills and exercises in the pre -event time period. Contractor shall notify the Assigned Contract Manager in writing when this provision is implemented. B. General Provisions, Payment Methods and Restrictions, Section 5.03, Final Billing Submission, is modified to add the following: Contractor will submit final close-out bill or revisions to previous reimbursement request(s) no later than August 15, 2016 for costs incurred between the services dates of July 1, 2015 to June 30, 2016. Contractor will submit final close-out bill or revisions to previous reimbursement request(s) no later than August 15, 2017 for costs incurred between the services dates of July 1, 2016 to June 30, 2017. C. General Provisions, Compliance and Reporting, Article II, Section 2.08(a) is modified by deleting it in its entirety and replacing it with the following language: a. The following sections or portions of sections of these General Provisions will not apply to interagency or interlocal contracts: i. Hold Harmless and Indemnification, Section 13.19; ii. Independent Contractor, Section 12.15 (delete the third sentence in its entirety; delete the word "employees" in the fourth sentence; the remainder of the section applies); iii. Insurance, Section 12.03; iv. Liability Coverage, Section 12.05; v. Fidelity Bond, Section 12.04; vi. Historically Underutilized Businesses, Section 12.10 (Contractor, however, will comply with HUB requirements of other statutes and rules specifically applicable to that entity); vii. Debt to State and Corporate Status, Section 3.01; viii. Application of Payment Due, Section 3.02; and Article XV Claims against the Department (This Article is inapplicable to interagency contracts only). D. General Provisions, Payment Methods and Restrictions, Article V, Section 5.01 is revised to include the following: Contractor may request a one-time working capital advance not to exceed 12% of the total amount of the Contract funded by DSHS. All advances must be expended by the end of the contract term. Advances not expended by the end of the contract term must be refunded to DSHS. Contractors will repay all or part of advance funds at any time during the Contract's term. However, if the advance has not been repaid prior to the last three months of the Contract term, the contractor must deduct at least one-third of the remaining advance from each of the last three months' reimbursement requests. If the advance is not repaid prior to the last three months of the Contract term, DSHS will reduce the reimbursement request by one-third of the remaining balance of the advance. Page 12 of 18 E. General Provisions, Access and Inspection Article XI, Section 11.01 is revised to include the following: In addition to the site visits authorized by this Article of the General Provisions, Contractor will allow DSHS to conduct on-site quality assurance reviews of Contractor. Contractor will comply with all DSHS documentation requests and on-site visits. Contractor will make available for review all documents related to the Contract, upon request by the DSHS Program staff. F. General Provisions General Business Operations of Contractor, Article XIV, Section 14.20, Equipment, is revised to add the following: Contractor is required to initiate the purchase of approved equipment no later than June 30, 2016 for FY16 and no later than June 30, 2017 for FY17 as documented by issue of a purchase order or written order confirmation from the vendor on or before June 30, 2016 for FY16 and on or before June 30, 2017 for FY17. In addition, all equipment and supplies must be received no later than 45 calendar days following the end of the Contract term. Page 13 of 18 17. Documents Forming Contract. The Contract consists of the following: a. Contract (this document) 2016-001139-01 b. General Provisions c. Attachments d. Declarations e. Exhibits Subrecipient General Provisions Budget Certification Regarding Lobbying, Fiscal Federal Funding Accountability and Transparency Act (FFATA) Certification Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 18. Conflicting Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Contract, then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any. 19. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Name: City of Corpus Christi Vendor Identification Number: 17460005741 20. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. certify that I am authorized to sign this document and I have read and agree to all parts of the contract, Department of State Health Services By: Signature of Authorized Official Corpus Christi-Nueces County Public Health District (City) By: Signature of Authorized Official Date Date Name and Title Name and Title 1100 West 49th Street Address Address Austin, TX 78756-4204 City, State, Zip City, State, Zip Telephone Number Telephone Number E-mail Address E-mail Address Page 14of18 Budget Summary Organization Name: Corpus Christi-Nueces County Public Health District (City) Contract Number: 2016-001139-01 Budget Categories Program ID: CPS/LRN-PHEP Budget Categories DSHS Funds Requested Cash Match In Kind Match Contributions Category Total Personnel $195,060.00 $0.00 $0.00 $195,060.00 Fringe Benefits $74,466.00 $0.00 $0.00 $74,466.00 Travel $26,172.00 $0.00 $0.00 $26,172.00 Equipment $0.00 $0.00 $0.00 $0.00 Supplies $39,805.00 $0.00 $0.00 $39,805.00 Contractual $0.00 $0.00 $0.00 $0.00 Other $66,743.00 $0.00 $20,113.00 $86,856.00 Total Direct Costs $402,246.00 $0.00 $20,113.00 $422,359.00 Indirect Costs $0.00 $0.00 $20,112.00 $20,112.00 Totals $402,246.00 $0.00 $40,225.00 $442,471.00 Page 15 of 18 Organization Name: Contract Number: CERTIFICATION REGARDING LOBBYING Corpus Christi-Nueces County Public Health District (City) 2016-001139-01 CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit, an officer or employee of congress, or an employee of a member of congress in connection with this Standard Form -11, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 0 Applicable n Non- Applicable Signature of Authorized Individual Annette Rodriguez Date: 07/10/2015 Page 16of18 TEXAS DEPARTMENT OF STATE HEALTH SERVICES CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS. LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief that: (1) No federal appropriated ford... have bc.cn para or will be paL d, by o r on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract. the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loam, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress federal contract. grant, loan, or cooperative agreement, the undersigned shall complete and submit, an officer or employee of congress. or an employee of a member of congress in connection with this Standard Form -1 1, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all suhawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less that $10,000 and not more than S100,000 for each such failure. ocipo Seployp 2 3 2 I 5 Signature Date a PanaTJK Print me of A horized In ividual OIWWII — 00 Application or Contract Number nnuc ns4:1 Organ' ti Name CSCU # EF29-12374 - Revised 2/2006 Fiscal Federal Funding Accountability and Transparency Act (FFATA) Certification The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify all of the statements contained in this section, Signor must provide written notice to DSHS detailing which of the below statements it cannot certify and why. Organization Name Corpus Christi-Nueces County Public Health District (City) Address 1702 Home Road State Texas City Corpus Christi Zip Code (9 digit) 78416 Payee Name City of Corpus Christi Address PO BOX 9277 State TX City Corpus Christi Zip Code (9 digit) 78469-9277 Vendor Identification No. 17460005741 MailCode 027 Payee DUNS No. 069457786 1. Did your organization have a gross income, from all sources, of more than $300,000 in your previous tax year? ITYes No 2. Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? ❑ Yes ❑ No 3. Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? ❑Yes ❑No Page 17 of 18 4. Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? ❑ Yes ! I No If Yes, where can this information be found? If No, you must provide the names and total compensation of the top five highly compensated officers. Example: John Blum:500000;Mary Redd:50000;Eric Gant:400000;Todd PIatt:300000;Sally Tom:300000 Identify contact persons for FFATA Correspondence FFATA Contact Person #1 Name Constance Sanchez Email constancep@cctexas.com Telephone (361) 826-3227 FFATA Contact Person #2 Name Alma Casas Email almac@cctexas.com Telephone (361) 826-3227 MAs the authorized representative of the Organization, I hereby certify that the statements made by me in this certification form are true, complete and correct to the best of my knowledge. E -Signature Date Annette Rodriguez 08/20/2015 Page 18 of 18 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. !Lk Signor cannot certify all of the statements contained in this section, Signor must provide written notke to DSHS detaflin which o the below statements it cannot certi and wh 1 Legal Name of Contractor: C p r'`p 4'J' CA, rl I - 4 4(acee Cow rt e� / f Ll��,'c—4eq/44 �ller/C. L FFATA Contact # 1 Name, Email and Phone Number. Co/7'Orn cc Si/e) Gil C Z Co �S i 4/7 CG ? QCeeeXGs Gam! 344- A?4 - 7.Zs.Z. Primary Address of Contractor: Rise .C_ai/Gy 7 4 .2 7/iiern2)/ignidie,' G'ai us 6'4i/fe", -)( 71' S'/C Email and Phone Number: FFATA Contact #2 Name, Emr. a. maa 3' p,uiina- 49 i ccexar. Cern- 34/-j..24-7cas:2. ZIP Code: 9 -digits Required www.usps.com DUNS Number: 9 -digits Required www.sam.gov 7 I, Y1 /T6 1- V V c .2 ICAC I f' 4 77 LFIC State of Texas Comptroller Vendor Identification Number (VIN) 14 Digits jf74141vuoIS-17+'/01-z7 Printed Name of Authorized Representative Signature of Authorized Representative • Mar Title of Aut prized Representative Date -1- Department of State Health Services ‘57-4g3. /6 Form 4734 — June 2013 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION As the duly authorized representative (Signor) of the Contractor, I hereby certify that the statements made by me in this certification form are true, complete and correct to the best of my knowledge. Did your organization have a gross incom rom all sources, of Tess than $300,000 in your previous tax year? ❑ Yes No If your answer is "Yes", skip questions "A", "B", and "C" and finish the certification. If your answer is "No", answer questions "A" and "B". A. Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its an a1 gross revenue from federal awards during the preceding fiscal year? El Yes Q No B. Certification Regarding Amount of Annual Gross from Federal Awards. Old your organization receive $25 million or m in annual gross revenues from federal awards in the preceding fiscal year? El Yes No if your answer i5 "Yes'' to both question "A" and "B", you must answer question "C". If your answer is "No" to either question "A" or "B", skip question ""C" and finish the certification. C. Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? ❑ Yes ❑ No If your answer is "Yes" to this question, where can this information be accessed? If your answer is "No" to this question, you must provide the names and total compensation of the top five highly compensated officers below. For example: John Blum:500000;Mary Redd.50000;EnL G nt:400000;Todd Platt:300000; Sally Tom:300000 Provide compensation information here: 2 Department at State Health Services Fenn 4734 — June 2013 ARTICLE 1 SECTION 1.01 SECTION 1.02 ARTICLE II SECTION 2.01 SECTION 2.02 SECTION 2.03 SECTION 2.04 SECTION 2.05 SECTION 2.06 SEcnON 2.07 SECTION 2.08 SECTION 2.09 SECTION I.10 SECTION 2.11 SECTION 2.12 ARTICLE 111 SECTION 3.01 SECTION 3.02 SECTION 3.03 SECTION 3.04 SECTION 3.05 ARTICLE IV SECTION 4.01 SECTION 4.02 ARTICLE V SECTION 5.01 SECTION 5.02 SECTION 5.03 SECTION 5.04 ARTICLE VI SECTION 6.01 SECTION 6.02 SECTION 6.03 ARTICLE VII SECTION 7.01 SECTION 7.02 SECTION 7.03 SECTION 7.04 SECTION 7.05 Fiscal Year 2016 Department of State Health Services Contract General Provisions CONTRACT COM PONENTS........»..».«..... ».».»....».».».»...»._......«......».».»....«.......»...«....,„.......«..4 CONTRACTCONIPONEATS„._................«,»...,«.«........«...«..».» . .......».».«....«.._.........4 ORDEROF PRECEDEN[E..»........,..«....„.«..«....«.«....«.».......».«.».».„.»....«....... «_............«.«.«.«.«.......«.««4 COMPLIANCE AND REPORTING..«.«......._..«« COMPLIANCE«......»...«... «.....»...........»...... «.............«»»«.«.».«.«..... „ EFFECT OF LEGISLATIVE CHANGES ...»..... ,......„. COMPLIANCE WITH REQUIREMENTS OF SOLICITATION DOCUMENT «»«...« .. . REPORTING...»«......... APPLICABLE CONTRACTS LAW AND VENUE FOR DISPUTES .««....«.«.. STATUTES AND STANDARDS OF GENERAL APPLICABILITY .. •••••••••••^•••••••••• ........... 4 APPLICABILITY OF GENERAL PROVISIONS TO INTERAGENCY AND INTERLOCAL CONTRACTS .«....«......»....„ 6 CIVIL RIGHTS POLICY AND COMPLAINTS .. „«.„.«.„.„....«.««....«..»«..».«.».».«....«...»....«....... ».».......«......7 LICENSES, CERTIFICATIONS, PERMITS, REGISTRATIONS AND APPROVALS.«...,„..„.„„..„„.„....«.«.«.«.« ...7 FUNDINGOBLIGATION........_.............«.».„.......«„...»......«....... .«„.».«.»«..„......»..»» .7 WHISTLEBLOWERACT PROTECTIONS «..««....«.«....«.«...._..„„ ..._.........»».«.........„............... ......„.««.7 SERVICES. ....„....„«....»....„.„.»..»,». «.......«.... EDUCATION TO PERSONS IN RESIDENTIAL FACILTTiE5 «.. DISASTERSERVICES« .. ..... »....«.._._...._.. _._.. CONSENT TO M EDICAL CARE OF A M INOR»..„»..«» .. TELEMEDICINErFELEPSYCu1ATRY MEDICAL SERVICES...»..«.« .7 SERVICES AND INFORMATION FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY »«._...„.„.„ 9 FUNDING .......«.«.......«..... «.«.......„.„....»...........»....«.«»....... ......._....� ..»_....»............»....»...9 DEBT TO STATE AND CORPORATE STATUS .«9 APPLICATIONOF PAYMENT DUE ..«.«.„.«.«.».« ....... «.......«._._._.«.«...........«..._..». «,_..._...._._.«._.«.«„..«9 PAYMENT METHODS AND RESTRICTIONS- ...... «....«.......„.«..._._........» .«.........« „.9 PAYMENT 81ETHODS ..... _._................„..............«.«„.....«„.„.»..«...«.......».....«.«.».... «. »,9 INVOICE/BILLING SUBMISSION .......»•...».».«._._.....„.......„....«.«...••••••••••••.••••••••••••••••••••••••••••••••••••• 9 FINAL INVOICE/BILLING SUBMISSION ..«.«.«.«.«.«.«.«. «» ...»«.«..«...«.«««...».«......«.»._ » ..............10 THIRDPARTY FAVORS .»«. »» ..».».».«.«.».......»..»...».«.«.„«....»«...«....».».....««..««.».«... »......«.».« 10 TERMS AND CONDITIONS OF PAYMENT «»»......«......».«:».«.....„...,„....»..»»„ » «.«.»....»......_ 14 PROAIPTPAYMENT ..... ...«..„«.«.».».«.».„».»....10 PA1'111Era BYDEPARTMENT «.......„.„.„.......«..««..... ««.«.«.«.«.«....«.«....«.».«..„.««.......«.««.«..««._._...10 WITHHOLDINGPAYMENTS..«.«.......».....«.«._._._.«...._«._._..».........................«.....»»....__......,_......,„.«•...1 CONFIDENTIALITY•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• ......... ••••1.•••••••••••••••••••••••••••••••••••• ....... •••••••••••• 11 DEPARTMENT ACCESS TO PHI AND OTIIER CONFIDENTIAL INFORMATION ...... II EXCHANGE oECLIErT-IDENTIFIING1NFORMMATIO!i ..« .....»...».».».».»....... «,«..««...«.«.««.«.«..».«»11 General Provisions (September 1, 2015) Applicable to Local Health Departments Only ti ARTICLE VIII SECTION 8.01 ARTICLE IX SECTION 9.01 ARTICLE X SECTION 10.01 SECTION 10.02 SECTION 10.03 ARTICLE XI SECTION 11.01 SECTION 11.02 SECTION 11.03 SECTION 11.04 SECTION 11.05 SECTION 11.06 SECTION 11.07 SECTION 11.08 SECTION 11.09 ARTICLE XII SECTION 12.01 SECTION 12.02 SECTION 12.03 SECTION 12.04 SECTION 12.05 SECTION 12.06 ARTICLE XIII SECTION 13.01 SECTION 13.02 SECTION 13.03 SECTION 13.04 SECTION 13.05 SECTION 13.06 SECTION 13.07 SECTION 13.08 SECTION 13.09 ARTICLE XIV SECTION 14.01 SECTION 14.02 SECTION 14.03 SECTION 14.04 SECTION 14.05 SECTION 14.06 SECTION 14.07 SECTION 14.08 SECTION 14.09 SECTION 14.10 PUBLIC INFORMATION ACT ».»........„......••••••••••••••••••••••••••••••••••••••••• 12 TEXASPUBLIC INFORMATION ACT .....»....«».» ..............»...»................... .»..„.».» .....»«..«..«......«.«..« 12 RECORDS RETENTION .......... ..................».»...... „...... .................«..«.......»........»....«....... „....12 RETENTION .. ......».».».».«....»»••••••••• ....... ••••••••••••••••••••••••••••••••••••••••• ....«....«.......12 ACCESS, INSPECTION AND AUDIT OF RECORDS 12 ACCESSAND INSPECTION........«.«........»......«...„.........«»....«.«.««............ ............ ........«_.».........._.«.«._._.13 STATEAUDITOR'SOFFICE .»..._........................_..._..._..«..,«.««.».,....,...„«...»..»._...»....».».......».«....13 RESPoNDINGTODEFICIENCIES.......«...«........«....«»....««.......«.««.«.„«..»..»...„....».»._.»...._...._.......13 REPORTING REQUIREMENTS ..».......«.« ............. ......_...... _...... ......................_.........._.....«_.............13 CIIILDABUSE REPORTING REQUIREMENT .»».» »«.«..».«».».«.».«««..»».«........«.«.«.» «.«..„. 13 SIGNIFICANT1 NcIDE rS•••••••••••••••••••••••••••••••••••••••••••••••••••••••• ............... •••••••••• ..... •••••••••••••••••••••••••••••• ...... ••••••• LITIGATION.»...........».„..«....««..»....«...... »......_............».»...».«.»...... «..«.«..«.«.«...«..««.».«.».».«.«..14 CotTRACT OR LICENSE ACTION AGAINSTTIIE CONTRACTOR.«...«.«.«.««.«.«....«......««.«.«....».«.«.«.«.»..14 INSOLVENCY..«....«..........««.«.....«.............«.«.«„.«.„.»«.«........._.»...».«....«.„.«..««.».««.................«..14 PERFORmANcEMALFEASANCE••••••••••••••••••••••••••••••••••••••••••••••••••••• ..... ••••••••••••••••••••••••••••• ...... ••••••••••••••••••••••••• 14 CRIMINAL ACTIVITY AND DISCIPLINARY ACTION..«..««......«.«.«...«.«.«..........««.«....»...«...._............«....15 RETALIATIONPROHIBITED ««....«.«....«.«...«.....„«.«.«...«.«.«.»......_.. ....»..........«.........15 DOCUMENTATION..............«. .... .».»...»..„.„».».„ ... __. .... .........«.« «...15 ASSURANCES AND CERTIFICATIONS .........«...«.«....««......»....».......__ ..... ..» ..................._....15 CERTIFICATION»..».»....».»....... ».».......„....«.«...«.«.«...... «............«.«».....««««.....»............ «....«....«..........15 CHILDSUPPORT DELINQUENCIES ».»..........»...».».».»...».».«».«.„«....„..«..»«.».....««....«...« ....»......16 AUTHORIZATION .......»..........«..«....»».....«.«.«.«.........«......«.««..« ... ........._._..._ ...____........_.16 GIFTS AND BENEFITS PROHIBITER .....«..._.._.._._....»...»...... ......... 16 , INELIGIBILITYTO RECEIVE TIM CONTRACT .......................„ .. .. «.»....»..«..........„.16 ANTITRUST.„ ...... »........«._....«...........................................................................»....._..._......,..,................... 17 GENERAL BUSINESS OPERATIONS OF CONTRACTOR.«.«...._..._...._.......„.»..«..17 PROGRAMSITE •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• ......«......................... » .... .. » 17 HISTORICALLYUNDERUTILIZED BUSINESSES(HUBS)........».»......».».».»»..«.....«... .««.«..........«17 BuyTEXAS _..._«.....».._......_.._ .._......__._._......_......_._ ............_...».......»......_.......«..».» 17 STATUSOF SUBCONTRACTORS ........................................«.«»....«................ »«......_._........._.......»....»....17 INDEPENOENTCoNTRACToR..««.«._._._...._..«..«.........«.„ .......« .« .«.«.......»....«...«..«.«.««..«.18 TANLIABILITY ......................»........»...._............_.»...................»............._._._...........__._._.18 NOTICE OF ORGANIZATIONAL CHANCE .._......_...........».»...._._......„.«.„....„,„„„,„...«„«».... «„ ...«.„.„„».18 NoENDORSEMENT»..............__.._..»».......«„.»».».»..................................._...»...».»._.»......».»....«._.».....18 E -VERIFY SYSTEM...........„.......»......»..»......»...„._...».».»......».».......»».»..«..».«.«.»...».».» .. ........«..18 GENERAL TERMS ...............».».».».»...».........«.».„ »..»..»«.».».«.».«..«.......«.......«».«....«....«.» 18 ASSIGNMENT.._.............._..........»......._..............._.................................._._....._...................«.............,.....« 18 Loav ING................................_ .....__...._.._........_._..._...._._...................................._.........19 CONFLICT OF INTEREST ..................... ..... ........_.«..........................._»..».»....«..„..«...»....»».».».».»..„».«.».19 TRANSACTIONS BETWEEN RELATED PARTIES .«.„.»......... »....».««.»......„....._.....»._......»...._...»..».„.„.......20 INTELLECTUAL PROPERTY........»................_.......................»...«.„.«.»„,»...,„» .».«».».»...»..».........»20 OTHER 1NTANCIHLE PROPERTY_......._................................................„....«.»,.»»««.„.„„..«...« • 21 SEVERABILITYAND AMBIGUITY ...».....,...»....».»._......_»..........«».«.........«..«.„........„.««.«.«.«....«21 LEGALNOTICE ..........._......_..__..»...........»......_._.»........................«....................._.................21 SUCCESSoRs«««..«.».».».».»..«».».».».».».».«.««.«.„».».«».».«...».«.„.«.««..«...... «..„_.„....„.»..„„I1 SURVIVABILITYOFTERMMS «...»«.......».........»...».».».»».»«....«.«..«.....«.««. «..«...«.......«.21 General Provisions (September 1, 2015) Applicable to Local Health Departments Only 2 SECTION 14.11 SECTION 14.12 SecT1oN 14.13 SECTION 14.14 SECTION 14.15 SECTION 14.16 SECTION 14.17 SECTION 14.18 SECTION 14.19 SECTION 14.20 SECTION 14.21 SECT1oN 14.22 ARTICLE XV SECTION 15.01 SECTION 15.02 SECTION 15.03 SECTION 15.04 ARTICLE XVI SECTION 16.01 SEcT1oN 16.02 SECTION 16.03 ARTICLE XVII SECTION 17.01 SECTION 17.02 SEcrioN 17.03 SECTION 17.04 SECTION 17.05 SECTION 17.06 CUSTOMER SERVICE INFOR.NIATION ....»_«..»». «.» ...«.»..««.««....«......».« «« ...«........... ..._.«.»..21 AMENDMENT....».».«.»...»........._._...».»».».�.«._.......»..».»...»..».»..21 CONTRACTOR'S NOTIFICATION OF CHANGE OF CONTACT PERSON OR KEY PERSONNEL _.............._.._».....21 UNILATERALAMENDMENT .... .......«.«...................» ..».........»»._._.» ............._.. .... .....21 INTERIM EXTENSION AMENDMENT «...... »..... ...«....«.»....«.«....»....»......»......... _.»........... »....».»..»....«....«..22 IMMUNITYNOT WAIVED ».».»»»».. ...».»...._.»_»........».» .....»... 22 HOLD HARMLESS AND INocreancATION«.....»...»..»«....«.........»....... ......... «.«»..».» .«...» ..I2 WAIVER.»...».»...»»»...».».»........»......».....,»... »....»....». ..«........».».».».«.»».22 ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILI n AND SECURITY STANDARDS ..........................22 FORCEMAJEURE »._..» ....»_......._.».».«.... ......... .............»....«».»......»..............» ...»....».............«.I4 COOPERATION AND COMMUNICATION «.» ......«».»._....»._.»..._.«.»«»»..»....».»..»....».......» 24 INSURANCE.....__ .................._........»........»».. .......«_.«.«.««.«....««.«.«_...........»....._... 24 BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE ...._..».........._.._25 ACTIONS CONSTITUTING BREACH OF CONTRACT ._.».......... »»._._..._...._.........................».».» «..»..»...».».25 GENERALREMEDIES AND SANCTIONS ......».....«..»...».......»...».«.......»».»........ ..................25 NOTICE OF REMEDIES OR SANCTIONS 26 EMERGENCY ACTION «._«..«....« ....... «.................»._._.».»....».»....»......»...»..,..»....».»..............»...,«,».,26 .CLAIMS AGAINST THE DEPARTMENT -NOTICE OF DISPUTE ................. _______________ 27 BREACIIOFCONTRACT CI.AISI.................«.».«..........._..........»»..»......».».....«...........««..»«.....».«27 NOTICE....................»..»...«.....«.««.«....«..»....«.«....»............«..«....««............«.«.»........_....«._•».._............27 PERFORMANCENOT SUSPENDED .......... ..._...._.».»......_....«_.......»...._..........»...........«.«._....._27 TERMINATION AND TEMPORARY SUSPENSION .............«.....«» «.......«.«.«......27 EXPIRATION OF CONTRACT OR PROGRAMATTACI1111ENTS »«......._....«...........« ....._._..27 EFFECT OF TERMINATION OR EXPIRATION ............».»....».».»............»......«.».... «« ........27 TERMINATION ORTEMIPORARY SUSPENSION WITHOUT CAUSE....«»..»»....».«....»....«..........................27 IMMMEDIATETERMINATION»»..»......... .... .»......... ,....,_,_._.»..».«......».»...............»».»«»....28 TERMINATIONFOR CAUSE ......»»....«.......«..».«.«....«.«.»«...«» 28 NOTICEOFTERMINATION»...._....«.«.«.«........«......._......._.........»«..«...».............. _....... ...............»....... ..«..28 ARTICLE XVIII VOID, SUSPENDED AND TERMINATED CONTRACTS ...... SECTION 18.01 SEcnoN 18.02 SECTION 18,03 ARTICLE XIX SECTION 19.01 5ECr10N 19.02 SECTION 19.03 SECTION 19.04 SECTION 19.05 .28 EFFECT OF VOID,SUSPENDED, OR INVOLUNTARILY TERMINATED CON -TRACT ».»»..», .. ..». ,..»....»....28 APPEALS RIGHTS FOR DSHS FUNDED BLOCK GRANTS . «..«««.«.«.«««..«.»«....... .......«...........«...._._.» 28 CLOSEOUT....»....»....».....»...».»........».».»....» ....... ...».».«....«...«.«.«...«.«.»..............»....»».».»....».....«28 CESSATION OF SERVICES AT CLOSEOUT...»...«..«...».».».».«....«.«.«...«».«....«.«.«....................................».28 ADMINISTRATIVE OFFSET »«..««.....««.....«.«.«..««.«.».«.».»....«...».........».».............»..»»..«......._._._._.....29 DEADLINEFOR CLOSEOUT ••••••••••• No • ••••••••• No ....... •••••• ••••••••• ••• ••••••••••••••• .1.1.1••• •••••••••••••••••••••••.••••••••••••••••• •••••••••• 29 PAYMENT OFREFUNDS ......._._ ......._._.«...............«....«......_.».»....».«.««».».«.«.«..............«..29 DISALLOWANCESANDADJUSTMENTS.«.«..».«.«.».».«...».._...».»._...».».».»».»...._..»._..».«.».«.».,.».....,_..29 General Provisions (September 1, 2015) Applicable to Local Health Departments Only 3 ARTICLE I CONTRACT COMPONENTS Section 1.01 Contract Components, As used in herein, the "Contract" consists of the following documents: a. The Contract, including any applicable Program Attachment(s); The Department of State Health Services Fiscal Year 2016 General Provisions (General Provisions) and if applicable; c. The solicitation document, if applicable; and d. The response, proposal or application submitted by Contractor in response to the solicitation document, if applicable. Section 1.02 Order of Precedence. To the extent that there is any conflict between the terms of any contract component document, the conflict shall be resolved in the above order of priority in Section 1.01. ARTICLE 11 COMPLIANCE AND REPORTING Section 2.01 Compliance. Contractor shall comply and require its subcontractor(s) to comply with the requirements of these general provisions and all other applicable state and federal statutes, regulations, rules and executive orders, as such statutes, regulations, rules and executive orders including as such statutes, regulations, rules and executive orders may be amended. Section 2.02 Precedence of Contract Terms. To the extent this Contract imposes a higher standard or additional requirements beyond those required by applicable statutes, regulations, rules or executive orders, the terns of this Contract shall take precedence and control. Section 2.03 Effect of Legislative Changes. Contractor agrees that upon notification from Department of State Health Services (DSHS or Department) Contractor shall comply with any changes to the term of the contract include in its contracts that are a result of legislation during the term of this Contract. Section 2.04 Compliance with Requirements of Solicitation Document. if applicable and except as specified in these General Provisions or the Contract's terms, the Contractor shall comply with the requirements, eligibility conditions, assurances, certifications and program requirements of the Solicitation Document for the duration of this Contract or any subsequent renewals. The Parties agree that the Department has relied upon Contractor's response to the Solicitation Document The Parties agree that any misrepresentation contained in Contractor's response to the Solicitation Document constitutes a breach of this Contract and may result in termination. Section 2.05 Reporting. Contractor shall submit reports in accordance with the reporting requirements established by the Department and provided for in the Contract and in these General Provisions. Except as otherwise provided for in this Contract or General Provisions, the Contractor shall submit reports to the assigned contract manager. Contractor shall also provide any other information requested by the Department in the format required by DSHS. Failure to submit any required report or additional requested information by the due date specified in the contract or upon request may constitute a breach of contract, result in delayed payment and/or the imposition of sanctions and remedies. And failure to comply with a reporting requirement may adversely affect evaluation of Contractor's ability to contract in the future with the Department. Section 2.06 Applicable Contracts Law and Venue for Disputes. Except as provided for in Article XV, all issues related to this contract, including formation, performance and interpretation that may arise in any dispute between the Parties, shall be governed by and construed in accordance with the laws of the State of Texas and venue shall be in Travis County, Texas. Section 2.07 Statutes and Standards of General Applicability. Contractor is responsible for reviewing and complying with all applicable statutes, rules, regulations, executive orders and policies. To the extent applicable General Provisions (September 1, 201 S) Applicable to Local Health Departments Only 4 to Contractor, Contractor shall comply with the following: a. Statutes, rules, regulations, and DSHS policy (and any of their subsequent amendments) that collectively prohibit discrimination, exclusion from or limitation of participation in programs, benefits or activities or denial of any aid, care, service or other benefit on the basis of race, color, national origin, limited English proficiency, sex, sexual orientation (where applicable), disabilities, age, substance abuse, political belief or religion: 1. Title VI of the Civil Rights Act of 1964, 42 USC §§ 2000d et seq.; 2. Title IX of the Education Amendments of 1972, 20 USC §§ 1681-1683, and 1685-1686; 3. Section 504 of the Rehabilitation Act of 1973, 29 USC § 794(a); 4. Americans with Disabilities Act of 1990, 42 USC §§ 12101 et seq.; 5. Age Discrimination Act of 1975, 42 USC §§,6101-6107; 6. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, 42 USC § 290dd (b)(1); 7) 45 CFR Parts 80, 84, 86 and 91; 7. U.S. Department of Labor, Equal Employment Opportunity E.O. 11246; 8. Tex. Labor Code Chapter 21; 9. Food Stamp Act of 1977 (7 USC §§ 2011 et seq.); 10. Executive Order 13279, 45 CFR Part 87 or 7 CFR Part 16 regarding equal treatment and opportunity for religious organizations; 11. Drug Abuse Office and Treatment Act of 1972, 21 USC §§ 1101 et seq., relating to drug abuse; 12. Public Health Service Act of 1912, §§ 523 and 527, 42 USC § 290dd-2, and 42 CFR pt. 2, relating to confidentiality of alcohol and drug abuse patient records; 13. Title VIII of the Civil Rights Act of 1968, 42 USC §§ 3601 et seq., relating to nondiscrimination in housing; and 14. DSHS Policy AA -5018, Non-discrimination Policy for DSHS Programs; b. Immigration Reform and Control Act of 1986, 8 USC § 1 324a, and Immigration Act of 1990, 8 USC 1101 et seq., as amended by Public Lawl 13-4 (March 7, 2013), regarding employment verification; and Illegal Immigration Reform and Immigrant Responsibility Act of 1996; c. Pro -Children Act of 1994, 20 USC §§ 6081-6084, and the Pro -Children Act of 2001, 20 USC § 7183, regarding the non-use of all tobacco products; d. National Research Service Award Act of 1971, 42 USC §§ 289a-1 et seq., and 6601 (P.L. 93-348 and P.L. 103-43), regarding human subjects involved in research; e. Hatch Political Activity Act, 5 USC §§ 1501-1508 and 7324-26, which limits the political activity of employees whose employment is funded with federal funds; f. Fair Labor Standards Act, 29 USC §§ 201 et seq., and the Intergovernmental Personnel Act of 1970, 42 USC §§ 4701 et seq., as applicable, concerning minimum wage and maximum hours; g. Texas Govercunent Code Chapter 469 pertaining to eliminating architectural barriers for persons with disabilities; h. Texas Workers' Compensation Act, Texas Labor Code Chapters 401-406, and 28 Texas Administrative Code (TAC) pt. 2, regarding compensation for employees' injuries; i. The Clinical Laboratory Improvement Amendments of 1988, 42 USC § 263a, regarding the regulation and certification of clinical laboratories; j. The Occupational Safety and Health Administration Regulations on Blood Borne Pathogens, 29 CFR § 1910.1030, or Title 25 Tex. Admin Code Chapter 96 regarding safety standards for handling blood borne pathogens; k. Laboratory Animal Welfare Act of 1966, 7 USC §§ 2131 et seq., pertaining to the treatment of laboratory animals; 1. Environmental standards pursuant to the following: 1. Institution of environmental quality control measures under the National Environmental Policy Act of 1969,42 USC §§ 4321-4347 and Executive Order 11514 (35 Fed. Reg. 4247), "Protection and Enhancement of Environmental Quality;" General Provisions (September 1, 2015) Applicable to Local Health Departments Only 5 2. Notification of violating facilities pursuant to Executive Order 11738 (40 CFR Part 32), "Providing for Administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to Federal Contracts, Grants, or Loans;" 3. Protection of wetlands pursuant to Executive Order 11990, 42 Fed. Reg. 26961; 4. Evaluation of flood hazards in floodplains in accordance with Executive Order 11988, 42 Fed. Reg. 26951 and, if applicable, flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234); 5. Assurance of project consistency with the approved Slate Management program developed under the Coastal Zone Management Act of 1972, 16 USC §§ 1451 et seq.; 6. Federal Water Pollution Control Act, 33 USC §§ 1251 et seq.; 7. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, 42 USC §§ 300f -300j; 8. Protection of endangered species under the Endangered Species Act of 1973, 16 USC §§ 1531 et seq.; 9. Conformity of federal actions to state clean air implementation plans under the Clean Air Act of 1955, 42 USC §§ 7401 et seq.; 10. Wild and Scenic Rivers Act of 1968, 16 USC §§ 1271 et seq., related to protecting certain river systems; and m. Lead -Based Paint Poisoning Prevention Act, 42 USC §§ 4821 et seq., prohibiting the use of lead-based paint in residential construction or rehabilitation; n. Intergovernmental Personnel Act of 1970, 42 USC §§ 4278-4763, regarding personnel merit systems for programs specified in Appendix A of the federal Office of Program Management's Standards for a Merit System of Personnel Administration, 5 CFR. Part1200 ct seq; o. Titles Ii and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of, 42 USC §§4601 et seq (PL 91-646), relating to fair treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs; p. Davis Bacon Act, 40 USC §§ 3141-3148; q. Copeland Act, 40 USC §§ 276c and 18 USC § 874; r. Contract Work Hours and Safety Standards Act, 40 USC § 3702 et seq., regarding labor standards for federally -assisted construction subagreements; s. National Historic Preservation Act of 1966, § 106, 16 USC § 470; Executive Order 11593; and the Archaeological and Historic Preservation Act of 1974 (16 USC §§ 469a-1 et seq.) regarding historic property to the extent necessary to assist DSHS in complying with the Acts; t. Trafficking Victims Protection Act of 2000, Section 106(0 (22 USC § 7104); u. Executive Order 13513 (Oct. 1, 2009), Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, if required by a federal funding source of this Contract; v. Whistleblower Protection Enhancement Act (5 U.S.C. 2302(b)(8)) and Texas Whistleblower Act (Tex. Gov. Code Chapter 554); and w. Requirements of any other applicable state and federal statures, executive orders, regulations, rules and policies. Section 2.08 Applicability of General Provisions to Interagency and Interlocal Contracts. a. The following sections or portions of sections of these General Provisions shall not apply to Interagency Cooperation Contracts (Texas Government Code 771) or Interlocal Cooperation Contracts (Texas Government Code Chapter 791): 1. Hold Harmless and Indemnification, Section 14.17; 2. Independent Contractor, Section 13.05; 3. Historically Underutilized Businesses (HUBs), Section 13.02 (Contractor, however, shall comply with HUB requirements of other statutes and rules specifically applicable to that entity; 4. Debt to State and Corporate Status, Section 4.01; General Provisions (September 1, 2015) Applicable to Local Health Departments Only 6 5. Application of Payment Due, Section 4.02; and 6. Article XVI Claims against the Department. b. The following additional provisions shall apply to Interlocal Cooperation Contracts: 1. Payments made by DSHS to Contractor shall be from current revenues available to DSHS; and 2. Each Party represents that it has been authorized to enter into this Contract. Section 2.09 Civil Rights Policy and Complaints. Upon request, Contactor shall provide the Health and Human Services Commission (HHSC) Civil Rights Office with copies of all Contractor's civil rights policies and procedures. Contractor shall notify HHSC's Office of Civil Rights of any civil rights complaints received relating to performance under this Contract no more than ten calendar days atter Contractor's receipt of the claim. Notice must be directed to: Civil Rights Office Health and Human Services Commission 701 W. 5l" Street, Mail Code W206 Austin, Texas 78751 (888) 388-6332 or 512-438-4313 TTY Toll-free (877) 432-7232 IIHSCivilRightsOffice@hhsc.state.tx.us Section 2.10 Licenses, Certifications, Permits, Registrations and Approvals. Contractor shall obtain and maintain all applicable licenses, certifications, permits, registrations and approvals to conduct its business and to perform the services under this Contract. Failure to obtain or any revocation, surrender, expiration, non -renewal, inactivation or suspension of any such Iicense, certification, permit, registration or approval constitutes grounds for termination of this Contract or other remedies the Department deems appropriate. Contractor shall ensure that all its employees, staff and volunteers obtain and maintain in active status all licenses, certifications, permits, registrations and approvals required to perform their duties under this Contract and shall prohibit any person who docs not hold a current, active required license, certification, permit, registration or approval from performing services under this Contract. Section 2.11 Funding Obligation. This Contract is contingent upon the availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment of the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce or terminate funding under this Contract. Notice of any restriction or reduction shall include instructions and detailed information on how DSHS shall fund the services and/or goods to be procured with the restricted or reduced funds. Section 2.12 Whistleblower Act Protection. This Contract is required to include the Whistleblower Protection Acts (See Section 2.07(v)) protections to grantees, their subgrantees and subcontractors, and contractor must inform their employees of whistleblowers' rights and remedies. The requirement is in effect for all grants, contracts, subgrants, and subcontractors issued beginning July 1, 2013 through January 1, 2017. ARTICLE III SERVICES Section 3.01 Education to Persons in Residential Facilities. If applicable, Contractor shall ensure that all persons, who are housed in Department -licensed and/or -funded residential facilities and are 22 years of age or younger, have access to educational services as required by Texas Education Code § 29.012. General Provisions (September 1, 2015) Applicable to Local Health Departments Only 7 Contractor shall notify the local education agency or local early intervention program as prescribed by this Section not later than the third calendar day after the date a person who is 22 years of age or younger is placed in Contractor's residential facility. Section 3.02 Disaster Services. In the event of a local, state, or federal emergency, including natural, man- made, criminal, terrorist, and/or bioterrorism events, declared as a state disaster by the Governor, or a federal disaster by the appropriate federal official, Contractor may be called upon to assist DSHS in providing services, as appropriate, in the following areas: a. Community evacuation; b. Health and medical assistance; c. Assessment of health and medical needs; d. Health surveillance; e. Medical care personnel; f. Health and medical equipment and supplies; g. Patient evacuation; h. In-hospital care and hospital facility status; i. Food, drug and medical device safety; j. Worker health and safety; k. Mental health and substance abuse; 1. Public health information; m. Vector control and veterinary services; and n. Victim identification and mortuary services. Contractor shall carry out disaster services in the manner most responsive to the needs of the emergency, in the most cost-effective, and least intrusive manner to Contractor's primary services. Section 3.03 Consent to Medical Care of a Minor. If Contractor provides medical, dental, psychological or surgical treatment to a minor under this Contract, either directly or through contracts with subcontractors, Contractor shall not provide treatment of a minor unless informed consent to treatment is obtained pursuant to Texas Family Code Chapter 32 relating to consent to treatment of a child by a non -parent or the child or other state law. If requirements of federal law relating to consent directly conflict with this Chapter, then federal law supersedes state law. Section 3.04 Tclemedicine/Telepsychiatry Medical Services. If applicable, the Contractor shall ensure that if Contractor or its subcontractor uses telemedicine/telepsychiatry that the services are implemented in accordance with written procedures and using a protocol approved by Contractor's medical director and using equipment that complies with the equipment standards as required by the Department. Procedures for providing telemedicine service must include the following requirements: a. Clinical oversight by Contractor's medical director or designated physician responsible for medical leadership; b. Contraindication considerations for telemedicine use; c. Qualified staff members to ensure the safety of the individual being served by telemedicine at the remote site; d. Safeguards to ensure confidentiality and privacy in accordance with state and federal laws; e. Use by credentialed licensed providers providing clinical care within the scope of their licenses; f. Demonstrated competency in the operations of the system by all staff members who are involved in the operation of the system and provision of the services prior to initiating the protocol; g. Priority in scheduling the system for clinical care of individuals; h. Quality oversight and monitoring of satisfaction of the individuals served; and General Provisions (September 1, 2015) Applicable to Local Health Departments Only 8 Management of information and documentation for telemedicine services that ensures timely access to accurate information between the two sites. Telemedicine Medical Services does not include chemical dependency treatment services provided by electronic means under 25 TAC Rule § 448.911. Section 3.05 Services and Information for Persons with Limited English Proficiency. a. Contractor shall take reasonable steps to provide services and information both orally and in writing, in appropriate languages other than English, to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits and activities. b. Contractor shall identify and document on the client records the primary language/dialect of a client who has limited English proficiency and the need for translation or interpretation services and shall not require a client to provide or pay for the services of a translator or interpreter. c, Contractor shall make every effort to avoid use of any persons under the age of 18 or any family member or friend of the client as an interpreter for essential communications with a client with limited English proficiency unless the client has requested that person and using the person would not compromise the effectiveness of services or violate the client's confidentiality and the client is advised that a free interpreter is available. ARTICLE IV FUNDING Section 4.01 Debt to State and Corporate Status. a. Pursuant to Texas Government Code § 403.055, the Department shall not approve and Texas Comptroller of Public Accounts shall not issue payment to Contractor if Contractor is indebted to the State for any reason, including a tax delinquency. b. Contractor, if a corporation, certifies by execution of this Contract that it is current and shall remain current in its payment of franchise taxes to the Stale of Texas or that it is exempt from payment of franchise taxes under Texas law (Texas Tax Code §§ 171.001 et seq.). As a corporation, this Contractor further certifies that it is and shall remain in good standing with the Secretary of State's office. c. A false statement regarding franchise tax or corporate status is a material breach of this Contract. if franchise tax payments become delinquent during the Contract term, all or pari of the payments under this Contract may be withheld until Contractor's delinquent franchise tax is paid in full. Section 4.02 Application of Payment Due. Contractor agrees that any payments due under this Contract shall be applied towards any debt of Contractor, including but not limited to delinquent taxes and child support that is owed to the State of Texas. ARTICLE V PAYMENT METHODS AND RESTRICTIONS Section 5.11 Payment Methods. Except as otherwise provided by the provisions of this Contract, the payment method is based on a unit rate (fixed price or a specified) or fee for service (delivery of a specified unit of service) as stated in the Contract. Section 5.02 lnvoice/Billing Submission. General Provisions (September 1, 2015) Applicable to Local Health Departments Only 9 a. Contractor shall bill the Department in accordance with the Contract in the form and format prescribed by DSHS. If applicable, the Contractor must submit of all required documentation, reports, forms and/or deliverables in order to receive payment from the Department. b. Unless otherwise specified in the Contract or permitted under the Third Party Payors (See Section 5.04 below), Contractor shall submit requests for payment monthly by the last business day of the month following the end of the month covered by the bill. c. Contractor shall maintain all documentation that substantiates billing submissions and make the documentation available to DSHS upon request. Section 5.03 Final InvoiceBiiling Submission. Unless otherwise provided by the Department, Contractor shall submit a reimbursement or payment request as a final close-out bill not later than 45 calendar days following the end of the term of the Contract. Section 5.04 Third Party Payors. Except as provided in this Contract, Contractor shall screen all clients and may not bill the Department for services eligible for reimbursement from third party payors, who are any person or entity who has the legal responsibility for paying for all or part of the services provided, including commercial health or liability insurance carriers, Medicaid, or other federal, state, local and private funding sources. As applicable, the Contractor shall: a. Enroll as a provider in Children's Health Insurance Program and Medicaid if providing approved services authorized under this Contract that may be covered by those programs and bill those programs for the covered services; b. Provide assistance to individuals to enroll in such programs when the screening process indicates possible eligibility for such programs; c. Allow clients that are otherwise eligible for Department services, but cannot pay a deductible required by a third party payor, to receive services up to the amount of the deductible and to bill the Department for the deductible; d. Not bill the Department for any services eligible for third party reimbursement until all appeals to third party payors have been exhausted; e. Maintain appropriate documentation from the third party payor reflecting attempts to obtain reimbursement; f. Bill all third party payors for services provided under this Contract before submitting any request for reimbursement to Department; and g. Provide third party billing functions at no cost to the client. ARTICLE VI TERMS AND CONDITIONS OF PAYMENT Section 6.01 Prompt Payment. Upon receipt of a timely, undisputed invoice pursuant to this Contract, Department shall pay Contractor. Payments are contingent upon a signed Contract and shall not exceed the total amount of authorized funds under this Contract. Contractor is entitled to payment only if the service, work, and/or product has been authorized by the Department and performed or provided pursuant to this Contract. If these conditions are met, Department shall make payment in accordance with the Texas Prompt Payment Act (Texas Government Code Chapter 2251). Contractor acknowledges and agrees that it shall comply with the provisions in the Texas Prompt Payment Act regarding its prompt payment of its financial obligations to its subcontractors. Section 6.02 Payment by Department. Payment of invoices by the Department shall not constitute acceptance or approval of Contractor's performance nor foreclose the right of the Department and HHSC to recover excessive or illegal payments. All invoices and Contractor's performance are subject to review and audit by the Department. General Provisions (September 1, 2015) Applicable to Local Health Departments Only 10 Section 6.03 Withholding Payments. Department may withhold all or part of any payments to Contractor to offset overpayments that Contractor has not refunded to Department. Department may take repayment from funds due to the Contractor for services performed or goods delivered in amounts necessary to fulfill Contractor's repayment obligations. ARTICLE VII CONFIDENTIALITY Section 7.01 Maintenance of Confidentiality. Contractor must maintain the privacy and confidentiality of information and records received during or related to the performance of this Contract, including patient and client records that contain protected health information (PHI) and any other information that discloses confidential personal information or identifies any client served by DSHS in accordance with any applicable federal and state law, rules and regulations, including but not limited to: a. 7 Code of Federal Regulations (CFR) Part 246; 42 CFR Part 2, 45 CFR Parts 160 and 164 (Health Insurance Portability and Accountability Act [HIPAA3); b. Texas Health and Safety Code Chapters 12, 47, 81, 82, 85, 88, 92, 161, 181, 241, 245, 251, 534, 576, 577, 596, 611 and 773; c. Texas Occupations Code, Chapters 56 and 159; and d. Any other applicable federal and state laws, rules or regulations. The HHS Data Use Agreement, executed by the Parties, is incorporated as part of the Contract and describes Contractor's rights and obligations with respect to the Confidential Information and the limited purposes, for which the Contractor may create, receive, maintain, use, disclose or have access to Confidential Information. Section 7.02 Department Access to PHI and Other Confidential Information. Contractor shall cooperate with Department to allow Department to request, collect and receive PHI and other confidential information under this Contract, without the consent of the individual to whom the PHI relates, for funding, payment and administration of the grant program and for purposes permitted under applicable state and federal confidentiality and privacy laws. Section 7.03 Exchange of Client -Identifying Information. Except as prohibited by other law, Contractor and DSHS shall exchange PHI without the consent of clients in accordance with 45 CFR § 164.504(e)(3)(i)(B), Texas Health and Safety Code § 533.009 and 25 TAC Chapter 414, Subchapter A or any other applicable federal or stale laws, rules or regulations. Contractor shall disclose information described in Texas Health and Safety Code § 614.017(a)(2) relating to special needs offenders, to an agency described in Texas Health and Safety Code § 614.017(c) upon request of that agency, unless Contractor documents that the information is not allowed to be disclosed under 45 CFR Part 164 or other applicable Iaw. Section 7.04 Security of Patient or Client Records. Contractor shall ensure that patient and client records are managed in compliance with state and federal Iaw relating to security and retention of medical or mental health and substance abuse patient and client records. Department may require Contractor to transfer original or copies of patient and client records to Department, without the consent or authorization of the patient or client, upon termination of this Contract or a Contract to General Provisions (September 1, 2015) 11 this Contract, as applicable, or if the care and treatment of the individual patient or client is transferred to another entity. Prior to providing services funded under this Contract to a patient or client, Contractor shall attempt to obtain consent from the patient or client to transfer copies of patient or client records to another entity funded by DSHS upon termination of this Contract or a Contract to this Contract, as applicable or if care or treatment is transferred to another DSHS-funded contractor. Section 7.05 HIV/AIDS Model Workplace Guidelines. If providing direct client care, services, or programs, Contractor shall implement Department's policies based on the HIV/AIDS (human immunodeficiency virus/acquired immunodeficiency syndrorne), AIDS Model Workplace Guidelines for Businesses, State Agencies and State Contractors Policy No. 090.021. Contractor shall also educate employees and clients concerning HIV and its related conditions, including AIDS, in accordance with the Texas. Health & Safety Code §§ 85.112-114. A link to the Model Workplace Guidelines can be found at: hum www.dshs.statc.tx.us/hivstd/oolicv nolicics.shtm ARTICLE VIII PUBLIC INFORMATION ACT Section 8.01 Texas Public Information Act. The Contractor understands that DSHS shall comply with the Texas Public Information Act (Texas Government Code Chapter 552). If the Contractor is not a state agency, institution of higher education or other governmental entity, then the Contractor is required to make any information created or exchanged with the state pursuant to a contract, which is not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the state. ARTICLE IX RECORDS RETENTION Section 9.01 Retention. a. Contractor shall retain and preserve records in accordance with applicable state and federal statutes, rules and regulations. At a minimum, Contractor shall maintain all records, including but not limited to financial that are generated or collected by Contractor under the provisions of this Contract for a period of four years after the termination of this Contract. b. If the federal retention period for services are funded through Medicaid is more than four years, then the Contractor will retain the records for longer period of time. c. Contractor shall retain all records pertaining to this Contract that are the subject of litigation or an audit until the litigation has ended or all questions pertaining to the audit are resolved. d. Contractor shall retain medical records in accordance with 22 TAC § 165.1(b) or other applicable statutes, rules and regulations governing medical information. e. Contractor shall include this provision concerning records retention in any subcontract it awards. f. Contractor ceases business operations, it shall ensure that records relating to this Contract are securely stored and are accessible by the Department upon Department's request for at least four years from the date Contractor ceases business or from the date this Contract terminates, whichever is sooner. g. Contractor shall provide, and update as necessary, the name and address of the party responsible for storage of records to the contract manager assigned to this Contract. ARTICLE X ACCESS, INSPECTION AND AUDIT OF RECORDS General Provisions (September 1, 2015) 13 Section 10.01 Access and Inspection. In addition to any right of access arising by operation of law, Contractor and any of Contractor's affiliate or subsidiary organizations or subcontractors shall permit the Department or any of its duly authorized representatives, as well as duly authorized federal, state or local authorities, including the Comptroller General of the United States, the Office of the Inspector General at HHSC (OIG) and the State Auditor's Office (SAO) or any of their successor agencies, unrestricted access to and the right to examine any site where business is conducted or client services are performed, and all records, which includes but is not limited to financial, client and patient records, books, papers or documents related to this Contract. If deemed necessary by the Department or the OIG, for the purpose of investigation or hearing, Contractor shall produce original documents related to this Contract. The Department and HHSC shall have the right to audit billings both before and after payment, and all documentation that substantiates the billings. Contractor shall include this provision concerning the right of access to, and examination of, sites and information related to this Contract in any subcontract it awards. Section 10.02 State Auditor's Office. Contractor shall, upon request, make all records, books, papers, documents, or recordings related to this Contract available for inspection, audit, or reproduction during normal business hours to any authorized representative of the SAO. Contractor understands that the acceptance of funds under this Contract acts as acceptance of the authority of the SAO, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor shall cooperate fully with the SAO or its successor in the conduct of the audit or investigation, including providing all records requested, and providing access to any information the SAO considers relevant to the investigation or audit. The SAO's authority to audit funds shall apply to Contract funds disbursed by Contractor to its subcontractors, and Contractor shall include this provision concerning the SAO's authority to audit and the requirement to cooperate, in any subcontract Contractor awards. Section 10.03 Responding to Deficiencies. Any deficiencies identified by DSHS or HHSC upon examination of Contractor's records or during an inspection of Contractor's site shall be conveyed in writing to Contractor. Contractor shall submit, by the date prescribed by DSHS, a resolution to the deficiency identified in a site inspection, program review or management or financial audit to the satisfaction of DSHS or, if directed by DSHS, a corrective action plan to document and resolve the deficiency. A DSHS or HHSC determination of either an inadequate or inappropriate resolution of the findings may result in contract remedies or sanctions under the Breach of Contract and Remedies for Non -Compliance (See Article XV). ARTICLE X1 REPORTING REQUIREMENTS Section 11.01 Child Abuse Reporting Requirement. This section applies to mental health and substance abuse contractors and contractors for the following public health programs: a. Human Immunodeficiency Virus/SexuallyTransmitted Diseases (HIV: STD); b. Family Planning; c. Primary Health Care; d. Maternal and Child Health; and e. Women, Infants and Children (WIC) Nutrition Services. All Contractors shall comply with child abuse reporting guidelines and requirements in Texas Family Code Chapter 261 relating to investigations of reports of child abuse and neglect. Contractor shall develop, implement and enforce a written policy that includes at a minimum the Department's Child Abuse Screening, Documenting, and Reporting Policy for Contractors/Providers and train all staff on reporting requirements. General Provisions (September 1, 2015) 13 Contractor shall use the DSHS Child Abuse Reporting Form located at www.dshs.state.tx.us.childabusereporting as required by the Department. Contractor shall retain reporting documentation on site and make it available for inspection by DSHS. This section is in addition to and does not supersede any other legal obligation of the Contractor to report child abuse. Section 11.02 Significant Incidents. In addition to notifying the appropriate authorities, Contractor shall report to the contract manager assigned to the Contract significant incidents involving substantial disruption of Contractor's program operation or affecting or potentially affecting the health, safety or welfare of Department funded clients or participants within 72 hours of discovery. Section 11.03 Litigation. Contractor shall notify the contract manager assigned to this Contract of litigation related to or affecting this Contract and to which Contractor is a party within seven calendar days of becoming aware of such a proceeding. This includes, but is not limited to an action, suit or proceeding before any court or governmental body, which includes but is not limited to environmental and civil rights matters, professional liability and employee litigation. Notification must include the names of the parties, nature of the litigation and remedy sought, including amount of damages, if any. Section 11.04 Contract or License Action Against the Contractor. Contractor shall notify the contract manager assigned to the contract if Contractor has had any contract suspended or terminated for cause by any local, state or federal department or agency or nonprofit entity within three working days of the suspension or termination. Such notification must include the: a. Reason for such action; b. Name and contact information of the local, state or federal department or agency or entity; c. Date of the contract; d. Date of suspension or termination; and e. Contract or case reference number. If Contractor has surrendered its license or has had its license suspended or revoked by any local, state or federal department or agency or non-profit entity, it shall disclose this information within three working days of the surrender, suspension or revocation to the contract manager assigned to the Contract by submitting a one- page description that includes the: a. Reason for such action; b. Name and contact information of the local, state or federal department or agency or entity; c. Date of the license action; and d. License or case reference number. Section 11.05 Insolvency. Contractor shall notify in writing the contract manager assigned to the Contract of Contractor's insolvency, incapacity or outstanding unpaid obligations to the Internal Revenue Service (IRS) or Texas Workforce Commission (TWC) within three working days of the date of determination that Contractor is insolvent or incapacitated or the date Contractor discovered an unpaid obligation to the IRS or TWC. The Contractor shall also notify in writing the contract manager assigned of its plan to seek bankruptcy protection within three working days of such action by Contractor. Section 11.06 Performance Malfeasance. Contractor shall report to the contract manager assigned to the Contract any knowledge of debarment, suspected fraud or unlawful activity related to performance under this Contract. Contractor shall make such report no later than three working days from the date that Contractor has General Provisions (September 1, 2015) 14 knowledge or reason to believe such activity has taken place. Additionally, if this Contract is federally funded by the Department of Health and Human Services (HHS), Contractor shall report any credible evidence that a principal, employee, subcontractor or agent of Contractor, or any other person, has submitted a false claim under the False Claims Act (31 U.S.C. §§3729-3733) or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving those funds. Contractor shall make this report to the SAO at htta://sao.fraudstate.tx.us, and to the HHS Office of Inspector General at http://www.oig.hhs.gov/fraud/hotlinc/ no later than three working days from the date that Contractor has knowledge or reason to believe such activity has taken place. Section 11.07 Criminal Activity and Disciplinary Action. a. Contractor affirms that Contract nor any no person who has an ownership or controlling interest in the organization or who is an agent or managing employee of the organization has been placed on community supervision, received deferred adjudication, is presently indicted for or has been convicted of a criminal offense related to any financial matter, federal or state program or felony sex crime. b. Contractor shall report in writing the contract manager assigned to the Contract, no later than three working days from the date that Contractor has knowledge or reason to believe such activity has taken place, if it has reason to believe Contractor, or a person with ownership or controlling interest in the organization or who is an agent or managing employee of the organization, an employee or volunteer of Contractor, or a subcontractor providing services under this Contract has engaged in any activity that: 1. Would constitute a criminal offense equal to or greater than a Class A misdemeanor; 2. Reasonably would constitute grounds for disciplinary action by a state or federal regulatory authority; c. Has been placed on community supervision, received deferred adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any financial matter, federal or state program or felony sex crime. Contractor shall not permit any person who engaged, or was alleged to have engaged, in any activity subject to reporting under this section to perform direct client services or have direct contact with clients, unless otherwise directed in writing by DSHS. Section 11.08 Retaliation Prohibited. Contractor shall not retaliate against any person who reports a violation of, or cooperates with an investigation regarding, any applicable law, rule, regulation or standard to the Department, another state agency, or any federal, state or local law enforcement official. Section 11.09 Documentation. Contractor shall maintain appropriate documentation of all notices and reporting to DSHS as required under these General Provisions or this Contract. ARTICLE X11 ASSURANCES AND CERTIFICATIONS Section 12.01 Certification. Contractor certifies by execution of this Contract to the following and will include such in all of its subcontracts: a. It is not disqualified under 2 CFR § 376.935 or ineligible for participation in federal or state assistance programs; b. Neither it, nor its principals, are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal or state department or agency in accordance with 2 CFR Parts 376 and 180 (parts A -I), 45 CFR Part 76 (or comparable federal regulations); General Provisions (September 1, 2015) 15 c. It has not knowingly failed to pay a single substantial debt or a number of outstanding debts to a federal or state agency; d. It is not subject to an outstanding judgment in a suit against Contractor for collection of the balance of a debt; e. It is in good standing with all state and/or federal agencies that have a contracting or regulatory relationship with Contractor; f. That no person who has an ownership or controlling interest in Contractor or who is an agent or managing employee of Contractor has been convicted of a criminal offense related to involvement in any program established under Medicare, Medicaid, or a federal block grant; g. Neither it, nor its principals have within the three year period preceding this Contract, has been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a private or public (federal, state or local) transaction or contract under a private or public transaction, violation of federal or state antitrust statutes (including those proscribing price-fixing between competitors, allocation of customers between competitors and bid -rigging), or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or false claims, tax evasion, obstruction of justice, receiving stolen property or any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of Contactor or its principals; h. Neither it, nor its principals is presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with the commission of any of the offenses in subsection (g) above; and i. Neither it, nor its principals within a three year period preceding this Contract has had one or more public transaction (federal, state or local) terminated for cause or default. Where Contractor is unable to certify to any of the statements in this Article, Contractor shall submit an explanation to the contract manager assigned to the Contract. Also, if Contractor's status with respect to the items certified in this Article changes during the term of this Contract, Contractor shall immediately notify the contract manager assigned to the Contract. Section 12.02 Child Support Delinquencies. As required by Texas Family Code § 231.006, a child support obligor who is more than 30 calendar days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder or owner with an ownership interest of at least 25% is not eligible to receive payments from state funds under a contract to provide property materials, or services or receive a state - funded grant or loan. If applicable, Contractor shall maintain its eligibility to receive payments under this Contract, certifies that it is not ineligible to receive the payments specified in this Contract and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate. Section I2.03 Authorization. Contractor certifies that it possesses legal authority to contract for the services described in this Contract and if applicable, a resolution, motion or similar action has been duly adopted or passed as an official act of Contractor's governing body, authorizing the binding of the organization under this Contract including all understandings and assurances contained in this Contract, and directing and authorizing the person identified as the authorized representative of Contractor to act in connection with this Contract and to provide such additional information as may be required. Section 12.04 Gifts and Benefits Prohibited. Contractor certifies that it has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, present or future employment, gift, loan, gratuity, special discount, trip, favor, service or anything of monetary value to a DSHS or HHSC official or employee in connection with this Contract. Section 12.05 ineligibility to Receive the Contract. General Provisions (September 1, 2015) 16 a. Pursuant to Texas Government Code § 2155.004 and federal law, Contractor is ineligible to enter into this Contract with the Department if this Contract includes financial participation by a person who received compensation from DSHS to participate in developing, drafting or preparing the specifications, requirements, statement of work or Solicitation Document on which this Contract is based. Contractor certifies that neither Contractor nor its employees nor anyone acting for Contractor has received compensation from DSHS for participation in the developing, drafting or preparation of specifications, requirements or statements of work for this Contract or in the Solicitation Document associated with this Contract. b. Pursuant to Texas Government Code §§ 2155.006 and 2261.053, Contractor is ineligible to enter into this Contract, if Contractor or any person who would have financial participation in this Contract has been convicted of violating federal law or been assessed a federal civil or administrative penalty, in connection with a contract awarded by the federal government for relief, recovery or reconstruction efforts as a result of Hurricanes Rita or Katrina or any other disaster occurring after September 24, 2005. c. Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive the specified Contract under Texas Government Code §§ 2155.004, 2155.006 or 2261.053 and acknowledges that this Contract may be terminated and payment withheld if these certifications are inaccurate. Section 12.06 Antitrust. Pursuant to 15 USC Sec. 1, et seq., and Texas Business & Commerce Code § 15.01, et seq. Contractor certifies that neither Contractor nor anyone acting for Contractor has violated the antitrust laws of this state or federal antitrust laws nor communicated directly or indirectly regarding a bid made to any competitor or any other person engaged in Contractor's line of business for the purpose of substantially lessening competition in such line of business. ARTICLE X111 GENERAL BUSINESS OPERATIONS OF CONTRACTOR Section 13.01 Program Site. Contractor shall provide services only in locations that are in compliance with all applicable local, state and federal zoning, building, health, fire and safety standards. Section 13.02 Historically Underutilized Businesses (HUBs). If Contractor was not required to submit a HUB subcontracting plan and if subcontracting is pennitted under this Contract, Contractor is encouraged to make a good faith effort to consider subcontracting with HUBS in accordance with Texas Government Code Chapter 2161 and 34 TAC § 20.14 et seq. Contractors may obtain a list of HUBs at htta: www.window.state.tx.us procurement/Drop/hub. If Contractor has filed a HUB subcontracting plan, the plan is incorporated by reference in this Contract. if Contractor desires to make a change in the plan, Contractor must obtain prior approval of the revised plan from the Department's HUB Coordinator before proposed changes shall be effective under this Contract. Contractor shall make a good faith effort to subcontract with HUBs during the performance of this Contract and shall report HUB subcontract activity to the Department's HUB Coordinator by the 15th day of each month for the prior month's activity, if there was any such activity in accordance with 34 TAC § 20.16(c). Section 13.03 Buy Texas. Contractor shall purchase products and materials produced in Texas when the products and materials are available at a price and time comparable to products and materials produced outside of Texas as required by Texas Government Code § 2155.4441. Section 13.04 Status of Subcontractors. Contractor shall require that all subcontractors certify that they General Provisions (September 1, 2015) 17 are/have: a. In good standing with all state and federal funding and regulatory agencies; b. Not currently debarred, suspended or otherwise excluded from participation in federal grant programs; c. Not delinquent on any repayment agreements; d. Not had a required license or certification revoked; e. Not ineligible under the following sections of these General Provisions: Ineligibility to Receive the Contract (Assurances and Certifications Article) or the Conflict of Interest or Transactions Between Related Parties sections (General Terms Article); and f. Not had a contract terminated by the Department. Contractors shall further require that subcontractors certify that they have not voluntarily surrendered within the past three years any license issued by the Department. Section 13.05 Independent Contractor. Contractor is an independent contractor. Contractor shall direct and be responsible for the performance of its employees, subcontractors, joint venture participants or agents. Contractor is not an agent or employee of the Department or the State of Texas for any purpose whatsoever. For purposes of this Contract, Contractor acknowledges that its employees, subcontractors, joint venture participants or agents shall not be eligible for unemployment compensation from the Department or the State of Texas. Section 13.06 Tax Liability. Contractor shall comply with all state and federal tax laws and is solely responsible for filing all required state and federal tax forms and making all lax payments. If the Department discovers that Contractor has a liability or has failed to remain current on a delinquent liability to the IRS, this Contract shall be subject to remedies and sanctions under this Contract, including immediate termination at the Department's discretion. If the Contract is terminated under this section, the Department shall not enter into a contract with Contractor for three years from the date of termination. Section 13.07 Notice of Organizational Change. Contractor shall submit written notice to the contract manager assigned to the Contract within 10 business days of any change to Contractor's name, contact information, key personnel, organizational structure, such as merger, acquisition or change in form of business, legal standing or authority to do business in Texas. A change in Contractor's name and certain changes in organizational structure require an amendment to this Contract in accordance with the amendment provisions in Article XIII. Section 13.08 No Endorsement. Other than stating the fact that Contractor has a contract with DSHS, Contractor and its subcontractors are prohibited from publicizing the contractual relationship between Contractor and DSHS and from using the Department's name, logo or website Iink in any manner that is intended or that could be perceived as an endorsement or sponsorship by DSHS or the State of Texas of Contractor's organization, program, services or product, without the express written consent of DSHS. Section 13.09 E -Verify System. By entering into this Contract, the Contractor certifies and ensures that it utilizes and will continue to utilize, for the term of this Contract, the U.S. Department of Homeland Security's E - Verify system to determine the eligibility of a. Ali persons employed to perform duties within Texas, during the term of the Contract; and b. All persons (including subcontractors) assigned by the Contractor to perform work pursuant to the Contract, within the United States of America. ARTICLE XIV GENERAL TERMS Section 14.01 Assignment. Contractor shall not transfer, assign, or sell its interest, in whole or in part, in this General Provisions (September 1, 2015) 18 Contract without the prior written consent of the Department. Section 14.02 Lobbying. a. Contractor shall comply with Texas Government Code § 556.0055, which prohibits contractors who receive state funds from using those funds to pay lobbying expenses. Further, Contractor shall not use funds paid under this Contract, either directly or indirectly, to support the enactment, repeal, modification, or adoption of any law, regulation or policy at any level of government, or to pay the salary or expenses of any person related to any activity designed to influence legislation, regulation, policy or appropriations pending before Congress or the state legislature, or for influencing or attempting to influence an officer or employee of any federal or state agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any contract or the extension, continuation, renewal, amendment, or modification of any contract (3I USC § 1352). b. If at any time this Contract exceeds S 100,000 of federal funds, Contractor shall file with the contract manager assigned to the Contract a declaration containing the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of Contractor in connection with this Contract, a certification that none of the funds provided by Department have been or shall be used for payment to lobbyists, and disclosure of the names of any and all registered lobbyists with whom Contractor has an agreement. c. Contractor shall file the declaration, certification, and disclosure: 1. At the time of application for this Contract; 2. Upon execution of this Contract unless Contractor previously filed a declaration, certification, or disclosure form in connection with the award; and 3. At the end of each calendar quarter in which any event occurs that materially affects the accuracy of the information contained in any declaration, certification, or disclosure previously filed. Contractor shall require any person who requests or receives a subcontract to file the same declaration, certification, and disclosure with the contract manager assigned to the Contract. Contractor shall include this provision in any subcontracts. Section 14,03 Conflict of Interest. Contractor represents to the Department that it and its subcontractors, if any, do not have, nor shall Contractor or its subcontractors knowingly acquire or retain any financial or other interest that would conflict in any manner with the performance of their obligations under this Contract. Potential conflicts of interest include, but are not limited to, an existing or potential business or personal relationship between Contractor (or subcontractor), its principal (or a member of the principal's immediate family) or any affiliate or subcontractor and Department or HHSC, their commissioners, officers or employees, or any other entity or person involved in any way in any project that is the subject of this Contract. Contractor shall establish safeguards to prohibit employees and subcontractors and their employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. If, at any time during the term of this Contract, Contractor or any of its subcontractors has a conflict of interest or potential conflict of interest, Contractor shall disclose the actual or potential conflict of interest to the contract manager assigned to the Contract within 10 days of when Contractor becomes aware of the existence of the actual or potential conflict of interest. Contractor shall require each of its subcontractors to report to Contractor any conflict of interest or potential conflict of interest the subcontractor has or may have within 10 days of when the subcontractor becomes aware of the actual or potential conflict of interest. General Provisions (September 1, 2015) 19 Section 14.04 Transactions Between Related Parties. Contractor shall identify and report to DSHS any transaction between Contractor and a related party that is part of the work that the Department is purchasing under this Contract before entering into the transaction or immediately upon discovery. A related party is a person or entity related to Contractor by blood or marriage, common ownership or any association that permits either to significantly influence or direct the actions or policies of the other. Contractor, for purposes of reporting transactions between related parties, includes the entity contracting with the Department under this Contract as well as the chief executive officer, chief financial officer and program director of Contractor. Contractor shall submit to the contract manager assigned to the Contract the name, address and telephone number of the related party, how the party is related to Contractor and the work the related party shall perform under this Contract. Contractor shall comply with Texas Government Code Chapter 573. Contractor shall maintain records and supply any additional information requested by the Department, regarding a transaction between related parties, needed to enable the Department to determine the appropriateness of the transaction pursuant to applicable state or federal law, regulations or circulars, which may include 45 CFR § 74.42. Section 14.05 Intellectual Property. a. Texas Health and Safety Code § 12.020 authorizes DSHS to protect intcllcctual property developed as a result of this Contract. "Intellectual property" is created property that may be protected under copyright, patent, or trademark/service mark law. b. For purposes of this Contract, intellectual property prepared for DSHS use, or a work specially ordered or commissioned through a contract for DSHS use is a "work made for hire." DSHS owns works made for hire unless it agrees otherwise by contract. To the extent that title and interest to any such work may not, by operation of law, vest in DSHS, or such work may not be considered a work made for hire, Contractor irrevocably assigns the rights, title and interest therein to DSHS. c. DSHS has the right to obtain and hold in its name any and all patents, copyrights, registrations or other such protections as may be appropriate to the subject matter, and any extensions and renewals thereof. Contractor shall give DSHS and the State of Texas, as well as any person designated by DSHS and the State of Texas, all assistance required to perfect the rights defined herein without charge or expense beyond those amounts payable to Contractor for goods provided or services rendered under this Contract. If federal funds are used to finance activities supported by this Contract that result in the production of intellectual property, the federal awarding agency reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for federal government purposes: 1. Copyright in any intellectual property developed under this Contract including any subcontract; and 2. Any rights of copyright to which a Contractor purchases ownership with contract funds. d. Any rights of copyright, service or trademarks or patents to which a grantee, subgrantee or a Contractor purchases ownership with contract funds General Provisions (September 1, 2015) 20 e. lithe results of the contract performance are subject to copyright law, Contractor cannot publish those results without prior review and approval of DSHS. Contractor shall submit requests for review and approval to the contract manager assigned to the Contract. Section 14.06 Other Intangible Property. At the conclusion of the contractual relationship between Department and Contractor, for any reason, Department shall have the sole ownership rights and interest in all non -copyrightable intangible property that was developed, produced or obtained by Contractor as a specific requirement under this Contract or under any grant that funds this Contract, such as domain names, URLs or software licenses with a value of $500 or more. Contractor shall cooperate with Department and perform all actions necessary to transfer ownership of such property to the Department or its designee, or otherwise affirm Department's ownership rights and interest in such property. This provision shall survive the termination or expiration of this Contract. Section 14.07 Severability and Ambiguity. If any provision of this Contract is construed to be illegal or invalid, the illegal or invalid provision shall be deemed stricken and deleted to the same extent and effect as if never incorporated, but all other provisions shall continue. The Parties represent and agree that the language contained in this Contract is to be construed as jointly drafted, proposed and accepted. Section 14.08 Legal Notice. Except as otherwise provided in this Contract or General Provisions, any notice required or permitted to be given by the provisions of this Contract or General Provisions shall be deemed to have been received by a Party on the third business day after the date on which it was mailed to the Party at the address specified by the Party to the other Party in writing or, if sent by certified mail, on the date of receipt. Section 14.09 Successors. This Contract shall be binding upon the Parties and their successors and assignees, except as expressly provided in this Contract. Section 14.10 Survivability of Terms. Termination or expiration of this Contract or a Contract for any reason shall not release either party from any liabilities or obligations in this Contract that the parties have expressly agreed shall survive any such termination or expiration or remain to be performed, including but not limited to maintaining confidentiality of information and records retention. Section 14.11 Customer Service Information. if requested, Contractor shall supply such information as required by the Department to comply with the provisions of Texas Government Code Chapter 21 14 regarding Customer Service surveys. Section 14.12 Amendment. All amendments 10 this Contract must be in writing and agreed to by both Parties. If a Contractor requests an amendment, it must be submitted in writing and include a justification far the request, to the contract manager assigned to the Contract. Section 14.13 Contractor's Notification of Change of Contact Person or Key Personnel. Within ten calendar days shall notify in writing the contract manager assigned to the Contract of any change enumerated in the Contractor's Contact Personnel or Key Personnel, if included in their response to a solicitation document. Section 14.14 Unilateral Amendment. The Department reserves the right to amend this Contract through execution of a unilateral amendment signed by the contract manager for this Contract and provided to the Contractor with ten days notice prior to execution of the amendment under the following circumstances to: a. Correct an obvious clerical error in this Contract; b. Incorporate new or revised federal or state laws, regulations, rules or policies; and General Provisions (September 1, 2015) 11 c. Change the name of the Contractor in order to reflect the Contractor's name as recorded by the Texas Secretary of State. Section 14.15 Interim Extension Amendment. a. Prior to or on the expiration date of this Contract, the Parties agree that this Contract can be extended as provided under this Section. b. DSHS/HHSC shall provide written notice of interim extension amendment to the Contractor under one of the following circumstances: 1. Continue provision of services in response to a disaster declared by the governor, or 2. To ensure that services are provided to clients without interruption. c. DSHS will provide written notice of the interim extension amendment that specifies the reason for it and period of time for the extension. d. Contractor will provide and invoice for services in the same manner that is stated in the Contract. c. An interim extension under Section (b)(1) above shall extend the term of the contract not longer than 30 days after governor's disaster declaration is declared unless the Parties agree to a shorter period of time. f. An interim extension under Section (b)(2) above shall be a ane -time extension for a period of time determined by HHS/DSHS. Section 14.16 Immunity Not Waived. THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY DEPARTMENT OR THE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. Section 14.17 Hold Harmless and Indemnification. Contractor, as an independent contractor, agrees to hold Department, the State of Texas, individual state employees and officers, and the federal government harmless and to indemnify them from any and all liability, suits, claims, losses, damages and judgments, and to pay all costs, fees, and damages to the extent that such costs, fees, and damages arise from performance or nonperformance of Contractor, its employees, subcontractors, joint venture participants or agents under this Contract. Section 14.18 Waiver. Acceptance by either Party of partial performance or failure to complain of any action, non -action or default under this Contract shall not constitute a waiver of either party's rights under this Contract. Section 14.19 Electronic and Information Resources Accessibility and Security Standards. a. Applicability. The following Electronic and Information Resources (EIR) requirements apply to the Contract because the Contractor performs services that include EIR that DSHS employees are required or permitted to access or members of the public are required or permitted to access. This Section does not apply to incidental uses of EIR in the performance of the Agreement, unless the Parties agree that the EIR will become property of the State of Texas or will be used by HHSC's clients or recipients after completion of the Agreement. General Provisions (September 1, 201 5) 27 Nothing in this section is intended to prescribe the use of particular designs or technologies or to prevent the use of alternative technologies, provided they result in substantially equivalent or greater access to and use of a Product. b. Definitions. For purposes of this Section: "Accessibility Standards" means accessibility standards and specifications for Texas agency and institution of higher education websites and EIR set forth in 1 TAC Chapter 206 and/or Chapter 213. "Electronic and Information Resources" means information resources, including information resources technologies, and any equipment or interconnected system of equipment that is used in the creation, conversion, duplication, or delivery of data or information. The term includes telephones and other telecommunications products, information kiosks, transaction machines, Internet websites, multimedia resources, and office equipment, including copy machines and fax machines. "Electronic and Information Resources Accessibility Standards" means the accessibility standards for electronic and information resources contained in 1 Texas Administrative Code Chapter 213. "Product" means information resources technology that is, or is related to, EIR. "Web Site Accessibility Standards/ Specifications" means standards contained in Volume 1 Tex. Admin. Code Chapter 206(c) Accessibility Requirements. Under Tex. Gov't Code Chapter 2054, Subchapter M, and implementing rules of the Texas Department of Information Resources, DSHS must procure Products and services that comply with the Accessibility Standards when those Products are available in the commercial marketplace or when those Products are developed in response to a procurement solicitation. Accordingly, Contractor must provide electronic and information resources and associated Product documentation and technical support that comply with the Accessibility Standards. c. Evaluation, Testing, and Monitoring. 1. DSHS may review, test, evaluate and monitor Contractor's Products and services, as well as associated documentation and technical support for compliance with the Accessibility Standards. Review, testing, evaluation and monitoring may be conducted before and after the award of a contract. Testing and monitoring may include user acceptance testing. Neither the review, testing (including acceptance testing), evaluation or monitoring of any Product or service, nor the absence of review, testing, evaluation or monitoring, will result in a waiver of the State's right to contest the Contractor's assertion of compliance with the Accessibility Standards. Contractor agrees to cooperate fully and provide DSHS and its representatives timely access to Products, records, and other items and information needed to conduct such review, evaluation, testing, and monitoring. d. Representations and Warranties. 1. Contractor represents and warrants that: i. As of the Effective Date of the Contract, the Products and associated documentation and technical support comply with the Accessibility Standards as they exist at the time of entering the Agreement, unless and to the extent the Parties otherwise expressly agree in writing; and General Provisions (September 1, 2015) 23 ii. If the Products will be in the custody of the state or a DSHS client or recipient after the Contract expiration or termination, the Products will continue to comply with Accessibility Standards after the expiration or termination of the Contract Term, unless DSHS or its clients or recipients, as applicable, use the Products in a manner that renders it noncompliant. In the event Contractor becomes aware, or is notified that the Product or service and associated documentation and technical support do not comply with the Accessibility Standards, Contractor represents and warrants that it will, in a timely manner and at no cost to DSHS, perform all necessary steps to satisfy the Accessibility Standards, including remediation, replacement, and upgrading of the Product or service, or providing a suitable substitute. 3. Contractor acknowledges and agrees that these representations and warranties are essential inducements on which DSHS relies in awarding this Contract. 4. Contractor's representations and warranties under this subsection will survive the termination or expiration of the Contract and will remain in full force and effect throughout the useful life of the Product. c. Remedies. 1. Under Tex. Gov't Code § 2054.465, neither the Contractor nor any other person has cause of action against DSHS for a claim of a failure to comply with Tex. Gov't Code Chapter 2054, Subchapter M, and rules of the Department of Information Resources. In the event of a breach of Contractor's representations and warranties, Contractor will be liable for direct, consequential, indirect, special, or liquidated damages and any other remedies to which DSHS may be entitled under this Contract and other applicable law. This remedy is cumulative of any other remedies to which DSHS may be entitled under this Contract and other applicable law. Section 14.20 Force Majeure. Neither Party shall be liable for any failure or delay in performing all or some of its obligations, as applicable, under this Contract if such failure or delay is due to any cause beyond the reasonable control of such Party, including, but not limited to, extraordinarily severe weather, strikes, natural disasters, fire, civil disturbance, epidemic, war, court order or acts of God. The existence of any such cause of delay or failure shall extend the period of performance in the exercise of reasonable diligence until after the cause of the delay or failure no longer exists and, if applicable, for any reasonable period of time thereafter required to resume performance. A Party, within a period of time reasonable under the circumstances, must inform the other party as soon as practicable. This Party must also submit written notice with proof of receipt of the existence of a force majeure event or otherwise waive the right as a defense to non-performance. Section 14.21 Cooperation and Communication. Contractor shall cooperate with Department staff and as applicable, other DSHS contractors and shall promptly comply with requests from DSHS for information or responses to DSHS inquiries concerning Contractor's duties or responsibilities under this Contract. Section 14.22 Insurance. Contractor shall acquire and maintain for the duration of this Contract, insurance and with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the Contractor's industry or profession. Contractor must submit evidence of insurance as required under this Contract, including if requested a schedule of coverage or "underwriter's schedules" establishing to the satisfaction of DSHS the nature and extent of coverage granted by each such policy upon request by DSHS. In the event that any policy is determined to be deficient to comply with the terms of this Contract, Contractor shall General Provisions (September 1, 2015) 24 secure such additional policies or coverage as DSHS may reasonably request or that are required by law or regulation. ARTICLE XV BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE Section 15.01 Actions Constituting Breach of Contract. Actions or inactions that constitute breach of contract include, but are not limited to, the following: a. Failure to properly provide the services and/or goods purchased under this Contract; b. Failure to comply with any provision of this Contract including failure to comply with all applicable statutes, rules or regulations; c. Failure to pay refunds or penalties owed to the Department; d. Failure to comply with a repayment agreement with Department or agreed order issued by the Department; c. Discovery of a material misrepresentation in any aspect of Contractor's application or response to the Solicitation Document; f. Any misrepresentation in the assurances and certifications in Contractor's application or response to the Solicitation Document or in this Contract; or g. Contractor is on or is added to the Excluded Parties List System (EPLS). Section 15.02 General Remedies and Sanctions. The remedies and sanctions in this section are available to the Department against Contractor and any entity that subcontracts with Contractor for provision of services or goods. Additionally, HHSC OIG may investigate, audit and impose or recommend imposition of remedies or sanctions to Department for any breach of this Contract. The Department may impose one or more remedies or sanctions for each item of noncompliance and shall determine remedies or sanctions on a case-by-case basis if Contractor breaches this Contract by failing to comply with one or more of the terms of this Contract, including but not limited to compliance with applicable statutes, rules or regulations, the Department may take one or more of the following actions: a. Terminate this Contract by one of means provided in Article XVII. If applicable, notify Contractor of the opportunity to request a hearing on the termination pursuant to Texas Government Code Chapter 2105 regarding administration of Block Grants; b. Suspend all or part of this Contract by notifying that the Contractor that DSHS is temporarily discontinue performance of all or a part of the Contract as provided for in Article XVU; as of the effective date of the suspension pending DSHS's determination to terminate, amend the Contract or permit the Contractor to resume performance. Contractor shall not bill DSHS for services performed during suspension, unless expressly authorized by the notice of suspension; c. Use as a basis to deny additional or enter into future contracts with Contractor; d. Temporarily withhold cash payments to Contractor for proper charges or pending resolution of issues of noncompliance with conditions of this Contract or indebtedness to the United States or to the State of Texas; e. Permanently withhold cash payments by retaining funds billed by Contractor, f. Request that Contractor be removed from the Centralized Master Bidders List (CMBL) or any other state bid list, and barred from participating in future contracting opportunities with the State of Texas; g. Declare this Contract void upon the Department's determination that this Contract was obtained Fraudulently, or was illegal or invalid from this Contract's inception and demand repayment of any funds under this Contract; General Provisions (September 1, 2015) 25 h. Delay execution of a new contract or renewal with Contractor while other imposed or proposed sanctions are pending resolution; i. Demand repayment from Contractor when it has been verified that Contractor has been overpaid for reasons such as payments are not supported by proper documentation or failure to comply with Contract terms; j. Pursue a claim for damages as a result of breach of contract; k. Require Contractor to prohibit any employee or volunteer of Contractor from performing under this Contract or having direct contact with DSHS-funded clients or participant, if the employee or volunteer has been indicted or convicted of the misuse of state or federal funds, fraud or illegal acts that are in contraindication to continued obligations under this Contract, as reasonably determined by DSHS; 1. Withhold any payment to Contractor to satisfy any recoupment imposed by DSHS and take repayment from funds available under this Contract in amounts necessary to fulfill Contractor's payment or repayment obligations; m. Reduce the Contract term; n. Recoup improper payments when Contractor has been overpaid for reasons such as payments arc not supported by proper documentation, improper billing or failure to comply with Contract terms; and o. Impose any other remedies, sanctions or penalties permitted by federal or state statute, law, regulation or rule. Section 15.03 Notice of Remedies or Sanctions. a. Department shall formally notify Contractor in writing when a remedy or sanction is imposed, stating the nature of the remedies and sanction, the reasons for imposing them, the corrective actions, if any, that must be taken before the actions shall be removed and the time allowed for completing the corrective actions, and the method, if any, of requesting reconsideration of the remedies or sanctions imposed. b. Other than in the case of repayment or recoupment, Contractor is required to file, within 15 calendar days of receipt of notice, a written response to Department acknowledging receipt of such notice. c. if requested by the Department, the written response must state how Contractor shall correct the noncompliance by agreeing to a corrective action plan or demonstrate in writing that the findings on which the remedies or sanctions are based are either invalid or do not warrant the remedies or sanctions. If Department determines that a remedy or sanction is warranted, unless the remedy or sanction is subject to review under a federal or state statute, regulation, rule, or guideline, Department's decision is final. Department shall provide written notice to Contractor orDepartment's final decision, d. If required by the Department, Contractor shall submit a corrective action plan for DSHS approval and take corrective action as stated in the plan approved by DSHS. If DSHS determines that repayment is warranted, DSHS shall issue a demand letter to Contractor for repayment. If full repayment is not received within the time limit stated in the demand letter, and if recoupment is available, DSHS shall recoup the amount due to DSHS from funds otherwise due to Contractor under this Contract. Section 15.04 Emergency Action. In an emergency, Department may immediately terminate or suspend all or part of this Contract, temporarily or permanently withhold cash payments, deny future contract awards, or delay contract execution by delivering written notice to Contractor, by any verifiable method, stating the reason for the emergency action. An "emergency" is defined as Contractor is noncompliant and the noncompliance has a direct adverse effect on the public or client health, welfare or safety. The direct adverse effect may be programmatic and may include failing to provide services; providing inadequate services; or providing unnecessary services. General Provisions (September 1, 2015) 26 Whether Contractor's conduct or noncompliance is an emergency will be determined by Department on a case- by-case basis and will be based upon the nature of the noncompliance or conduct. ARTICLE XVI CLAIMS AGAINST THE DEPARTMENT -NOTICE OF DISPUTE Section 16.01 Breach of Contract Claim. The process for a breach of contract claim against the DSHS provided for in Texas Government Code Chapter 2260 and implemented in the rules at 25 TAC §§4.11-4.24 or as amended by DSHS, shall be used by DSHS and Contractor to attempt to resolve arty breach of contract claim against DSHS. Section 16.02 Notice. Contractor's claims for breach of this Contract that the Parties cannot resolve in the ordinary course of business must be submitted to the negotiation process provided in Chapter 2260 and 25 TAC or as amended. To initiate the process, Contractor shall submit written notice, as required by Subchapter B, to DSHS Office of General Counsel. The notice must specifically state that the provisions of Chapter 2260 are being invoked and comply with all the requirements in this Chapter and TAC. A copy of the notice must also be given to all other representatives of DSHS and Contractor. Section 16.03 Performance Not Suspended. Neither the occurrence of an event nor the pendency of a notice of claim filed by the Contractor constitutes grounds for the suspension in whole or part of performance by Contractor. ARTICLE XVII TERMINATION AND TEMPORARY SUSPENSION Section 17.01 Expiration of Contract or Program Attachments. a. Except as provided in the Survivability of Terms section of the General Terms Article, Contractor's service obligations stated in each Contract or Program Attachment shall end upon the expiration date of that Contract or Program Attachment unless extended or renewed by written amendment. b. Prior to completion of the term of all Contracts or Program Attachments, all or a part of this Contract may be terminated with or without cause under this Article and in the Contract. c. A Program Attachment's term cannot extend past the Contract term in its associated Contract. Section 17.02 Effect of Termination or Expiration. a. Upon termination of this Contract or Program Attachment, as applicable, Contractor shall cooperate with DSHS to the fullest extent possible to ensure the orderly and safe transfer of responsibilities under this Contract or Program Attachment, as applicable to DSHS or another entity designated by DSHS. b. Upon termination of all or part of this Contract, Department and Contractor shall be discharged from any further obligation created under the applicable terms of this Contract or Program Attachment, as applicable, except for the equitable settlement of the respective accrued interests or obligations incurred prior to termination and for Contractor's duty to cooperate with DSHS and, except as provided in the Survivability of Terms section of the General Terms Article. c. Termination does not, however, constitute a waiver of any remedies for breach of this Contract. Section 17.03 Termination or Temporary Suspension Without Cause. General Provisions (September 1, 2015) 27 a. Either Party may terminate this Contract or Program Attachment, as applicable with at least 30 calendar days prior written notice to the nonterminating Party. b. If Contractor seeks to terminate a Contract that involves residential client services, Contractor shall give the Department at least 90 calendar days prior written notice and shall submit a transition plan to ensure client services are not disrupted. c. The Parties can agree to terminate by mutual agreement. DSHS may temporarily suspend or terminate this Contract or Program Attachment, as applicable if funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or HHSC agencies, amendments to the Appropriations Act, health and human services consolidations or any other disruption of current appropriated funding for this Contractor Program Attachment. Contractor shall be notified in writing of any termination or temporary suspension and of any cessation of temporary suspension. Upon notification of temporary suspension, Contractor will discontinue performance under the Contract as of the effective date of the suspension for the duration of the suspension. Section 17.04 Immediate Termination. Department may immediately terminate this Contract or Program Attachment, as applicable, when, in the sole determination of Department, termination is in the best interest of the State of Texas. Section 17.05 Termination For Cause. Department may terminate this Contract, in whole or in part, for breach of contract by providing 10 calendar days written notice to Contractor. Section 17.06 Notice of Termination. Either Party may deliver written notice of intent to terminate by any verifiable method. Notice of termination is effective when it is received by the non -terminating party. ARTICLE XVIII VOID, SUSPENDED AND TERMINATED CONTRACTS Section 18.01 Void Contracts. Department may void this Contract upon determination that the award was obtained fraudulently or was otherwise illegal or invalid from its inception. Section 18.02 Effect of Void, Suspended, or Involuntarily Terminated Contract. A Contractor who has been a party to a contract with DSHS that has been found to be void, is suspended or is terminated for cause is not eligible for any renewal or increase of funding for an existing contract or new contracts or renewals until in the case of suspension or termination the Department has determined that Contractor has satisfactorily resolved the issues underlying the suspension or termination. Additionally, if this Contract is found to be void any amount paid to the Contractor is subject to recoupment by DSHS. Section 18.03 Appeals Rights for DSHS Funded Block Grants. Pursuant to Texas Government Code § 2105.302, after receiving notice from the Department of termination of a contract with DSHS funded by block grant funds, Contractor may request an administrative hearing under Texas Government Code Chapter 2001. ARTICLE XIX CLOSEOUT Section 19.01 Cessation of Services at Closeout. Upon expiration or termination of this Contract or Program Attachment, as applicable, Contractor shall stop providing services or the delivery of goods under this Contract and if necessary, shall cooperate with DSHS to the fullest extent possible to ensure the orderly and safe transfer of responsibilities under this Contract to DSHS or another entity designated by DSHS. General Provisions (September 1, 2015) 78 Contractor shall not bill DSHS for services performed or goods delivered after termination or expiration of Contract or Program Attachment. Upon termination or expiration of this Contract or Program Attachment, Contractor shall immediately initiate Closeout activities described in this Article. Section 19.02 Administrative Offset. The Department has the right to administratively offset amounts owed by Contractor against any invoice submitted for payment. Section 19.03 Deadline for Closeout. Contractor shall submit all performance, and other Closeout reports required under this Contract within 45 calendar days after the Contract or Program Attachment, if applicable, has terminated. Section 19.04 Payment of Refunds. Any funds paid to Contractor in excess of the amount to which Contractor is finally determined to be entitled under the terms of this Contract constitute a debt to the Department and shall result in a refund due, which Contractor shall pay within the time period established by the Department. Section 19.05 Disallowances and Adjustments. The Closeout of this Contract or Program Attachment does not affect the Department's right to recover funds on the basis of a later audit or other review or Contractor's obligation to return any funds due as a result of later refunds, corrections or other transactions. General Provisions (September 1, 2015) 29 2016 FEDERAL GRANT SUBRECIP1ENT ADDITIONAL PROVISIONS ARTICLE XX DSIIS GENERAL PROVISIONS . 31 ARTICLE XXI PROGRAM OPERATIONS . . 31 Section 21.01 Client Financial Eligibility. PP 4.1.AFFP NN 4 .... ... ..... .114444.4••• 3 I Section 21.02 Contracts with Subrccipient and Vendor Subcontractors. ....... . . ....... " 31 Section 21.03 Incorporation of Tcrsns In Subrecipient Subcontracts. 31 Section 21.04 Quality Management. 32 Section 21.05 Contractor's Notification of Change to Certain Contract Provisions. Section 21.06 Responsibilities and Restrictions Concerning Governing Body, Officers and Empl ces. 32 Section 21.07 Direct Operation 13 ARTICLE XXII PROGRAM EQUIPMENT AND SUPPLIES 4 1 4 lF . FF FFFI-F FI -Y -PP -FI -1 4 33 Section 22.01 Equipment. --- .. — .. ..„..—. . . . . . „.„.„--- „ „ — ....-14 F.. 1-1..1.14 33 Section 2102 Equipment List. — 33 Section 22.03 .4 , . ..w.q 34 Section 22.04 Property Inventory and Protection of Assets. • .4.. . 4 4 ? —.. .4-1 4 4 .34 Section 22.05 Assets as Collateral Prohibited. 34 ARTICLE XXIII PROGRAM FUNDS AND PAYMENTS „ 34 Section 23.01 Use of Funds 34 Section 23.02 USE For Match Prohibiltd• .....„.,...--- . " . 34 Section 23.03 Program Income , 35 Section 23.04 Nonsupplanting 35 Section 23.05 Payment Methods. rt -1-.* ci 1-1 . mt. 9-1-1 35 Section 23.06 Financial Status Reports (FSRs), — ..35 Section 23.07 Working Omit al Advance .35 Section 23.08 Condition Precedent to Requesting Payment. Section 23.09 Management and Control Systems. .36 Section 23.10 Effect of Grant Close Ont. . F -...fin.F.1-1-1-1.4-1-1,1.4,1444.-g4- •—..4-1•1.-..-1-136 ARTICLE XXIV ALLOWABLE COSTS AND AUDIT REQUIREMENTS General Provisions (September 1, 2015) 30 Section 24.01 Allowable Costs 36 Section 24.02 Property Acquisitions 37 Section 24.03 Cost Allocation Flinn 311 Section 24.04 Or ertime Compensation 38 Section 24.05 Independent Single or Program -Specific Audit, 38 Section 24.06 Submission of Audit 39 ARTICLE XXV INSURANCE AND BONDS 39 Section 25.01 Insurtince. Section 25.02 Fidelity Bond. Section 25.03 Liability Coverage llllllll mmmmmmmmmmmmmmmmmmm ammo mmmmmmmmmmm 39 40 40 ARTICLE XXVI TERM INATION, BANKRUPTCY AND CLOSEOUT .40 Section 26.01 Final Budget — 40 Section 26.02 Bankniptcy 40 Sect ion 26.03 Title to Property. .41 Section 26.04 Disposition of Property 41 Section 26.05 Closeout of Equipment......... ARTICLE XXVII NON-EXCLUS1VE LIST OF APPLICABLE LAWS , m ,..,. —,„., , ..., „ ., , „41 General Provisions (September 1, 2015) 31 ARTICLE XX DSHS GENERAL PROVISIONS In addition to the terms and conditions in the Department of State Health Services (DSHS or Department) FY 2016 General Provisions (General Provisions), Contractor agrees to comply with these 2016 Federal Grant Subrecipient Additional Provisions. ARTICLE XXI PROGRAM OPERATIONS Section 21.01 Client Financial Eligibility. Where applicable, Contractor shall use financial eligibility criteria, financial assessment procedures and standards developed by the Department to determine client eligibility. Section 21.02 Contracts with Subrecipient and Vendor Subcontractors. a. Contractor may enter into contracts with subrecipient subcontractors unless restricted or otherwise prohibited in the Contract or Program Attachment(s). b. Prior to entering into a subrecipient agreement equaling or exceeding 5100,000, Contractor shall obtain written approval from DSHS. c. Contractor shall establish written policies and procedures for competitive procurement and monitoring of subcontracts and shall produce a subcontracting monitoring plan. d. Contractor shall monitor subrecipient subcontractors for both financial and programmatic performance and shall maintain pertinent records that must be available for inspection by DSHS. e. Contractor shall ensure that subcontractors are fully aware of the requirements placed upon them by state/federal statutes, rules, and regulations and by the provisions of this Contract. f. Contracts with all subcontractors, whether vendor or subrecipient, must be in writing and include the following: 1. Name and address of all parties and the subcontractor's Vendor Identification Number (VIN) or Employee Identification Number (EIN); 2. Detailed description of the services to be provided; 3. Measurable method and rate of payment and total not -to -exceed amount of the contract; 4. Clearly defined and executable termination clause; and 5. Beginning and ending dates that coincide with the dates of the Contract. B. Contractor is responsible to DSHS for the performance of any subcontractor. h. Contractor shall not contract with a subcontractor, at any tier, that is debarred, suspended, or excluded from or ineligible for participation in federal assistance programs or if the subcontractor would be ineligible under the Sections 12.05, 14.03 and 14.04 of the General Provisions. Section 21.03 Incorporation of Terms in Subrecipient Subcontracts. a. Contractor shall include in all its contracts with subrecipient subcontractors and solicitations for Subrecipient subcontracts, without modification (except as required to make applicable to the subcontractor): 1. Assurances and Certifications in Article XII of the General Provisions; 2. Sections 14.03 and 14.04 of the General Provisions; and Subrecipient General Provisions (September 1, 2015) 31 1 3. A provision granting to DSHS, SAO, OIG, and the Comptroller General of the United States, and any of their representatives, the right of access to inspect the work and the premises on which any work is performed, and the right to audit the subcontractor in accordance with Article X of the General Provisions; b. Each subrecipient subcontract contract must also include a copy of these General Provisions and a copy of the Statement of Work and any other provisions in the Program Attachments) applicable to the subcontract. c. Contractor shall ensure that all written agreements with subrecipient subcontractors incorporate the terms of this Contract so that all terms, conditions, provisions, requirements, duties and liabilities under this Contract applicable to the services provided or activities conducted by a subcontractor are passed down to that subcontractor. d. No provision of this Contract creates privity of contract between DSHS and any subcontractor of Contractor. e. If a subcontractor is unable to certify (or status changes during contract term) to any of the statements in Sections 14.03 and 14.04, or any of the certifications stated in Article XII of the General Provisions, Contractor shall submit an explanation to the contract manager assigned to the Contract. Section 21.04 Quality Management. Contractor shall comply with quality management requirements as directed by the Department. Section 21.05 Contractor's Notification of Change to Certain Contract Provisions. The following changes may be made to this Contract without a written amendment or the Department's prior approval: a. Cumulative budget transfers that do not exceed 25.0 among direct cost categories, other than the equipment category, of less than $100,000, provided that the total budget amount is unchanged (This subsection docs not apply to contracts funded by funding sources that have different percentage requirements); and b. Change in Contractor's share of the budget concerning non-DSHS funding other than program income and match, regardless of the amount of the change, provided that in changing the budget, Contractor is not supplanting DSHS funds. Contractor within ten calendar days shall notify in writing the contract manager assigned to the Program Attachment of any change enumerated in this section, but the contract will not be amended. Section 21.06 Responsibilities and Restrictions Concerning Governing Body, Officers and Employees. a. Contractor and its governing body shall bcar frill responsibility for the integrity of the fiscal and programmatic management of the organization. This provision applies to all organizations, including Section 501(c) (3) organizations as defined in the Internal Revenue Service Code as not- for-profit organizations. b. Each member of Contractor's governing body shall be accountable for all funds and materials received from Department. The responsibility of Contractor's governing body shall also include accountability for compliance with Department Rules, policies, procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through Subrecipient General Provisions (September 1, 2015) 32 self-evaluation and Department's monitoring processes. Contractor's governing body shall ensure separation of powers, duties, and functions of governing body members and staff. c. No member of Contractor's governing body, or officer or employee of Contractor shall vote for, confirm or act to influence the employment, compensation or change in status of any person related within the second degree of affinity or the third degree of consanguinity (as defined in Texas Government Code Chapter 573) to the member of the governing body or the officer or any employee authorized to employ or supervise such person. This prohibition does not prohibit the continued employment of a person who has been continuously employed for a period of two years prior to the election, appointment or employment of the officer, employee, or governing body member related to such person in the prohibited degree. These restrictions also apply to the governing body, officers and employees of Contractor's subcontractors. Section 21.07 Direct Operation. At the Department's discretion, the Department may temporarily assume operations of a Contractor's program or programs funded under this Contract when the continued operation of the program by Contractor puts at risk the health or safety of clients and/or participants served by Contractor. ARTICLE XXII PROGRAM EQUIPMENT AND SUPPLIES Section 22.01 Equipment. Equipment means tangible personal property having a useful lifetime of more than one year and a per-unit acquisition cost that exceeds the lesser of the capitalization level established by the of S5,000 or more. Contractors shall inventory all equipment, and report the inventory on the Contractors Property Inventory Form. Contractor shall initiate the purchase of all equipment approved in writing by DSHS, in the first quarter of the Contract or Program Attachment term, as applicable. Failure to timely initiate the purchase of equipment may result in the loss of availability of funds for the purchase of equipment. Requests to purchase previously approved equipment after the first quarter in the Program Attachment must be submitted to the contract manager assigned to this Contract. Section 22.02 Equipment List. a. All items of equipment to be purchased with funds under this Contract must be itemized in Contractor's equipment list as finally approved by the Department in the executed Contract. The equipment list must include: 1. Description of the property; 2. Serial number or other identification number, 3. Source of funding for the property (including the Federal Assistance Identification Number); 4. Who holds tide, 5. Acquisition date and cost of the property; 6. Percentage of Federal participation in the project costs for the Federal award under which the property was acquired; 7. Location use and condition of the property; and 8. Any ultimate disposition data including the date of disposal and sale price of property. Any changes to the approved equipment list in the executed Contract must be approved in writing by Department prior to the purchase of equipment. b. Contractor shall submit to the contract manager assigned to this Contact, a written description including complete product specifications and need justification prior to purchasing any item of Subrecipient General Provisions (September 1, 2015) 33 unapproved equipment. If approved, Department will acknowledge its approval by means of a written amendment. Section 22.03 Supplies. a. Supplies are defined as consumable items necessary to can -y out the services under this Contract including medical supplies, drugs, janitorial supplies, office supplies, patient educational supplies, software, and any items of tangible personal property other than those defined as equipment above. b. Tangible personal property includes controlled assets, including firearms, regardless of the acquisition cost, and the following assets with an acquisition cost of $500 or more, but less than 55,000, which includes desktop and laptop computers (including notebooks, tablets and similar devices), non-portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment are also considered Supplies. c. Prior approval by DSHS of the purchase of Controlled Assets is not required, but such purchases must be reported on the Contractors Property Inventory Form as detailed under Section 22.04. Section 22.04 Property Inventory and Protection of Assets. Contractor shall maintain an inventory of equipment, supplies defined as controlled assets, and property described in Section 14.06 of the General Provisions and submit an annual cumulative report of the equipment and other property on Contractor's Property Inventory Report to the Department's Contract Oversight and Support Section, Mail Code 1326, P.O. Box 149347, Austin, Texas 78714-9347, no later than October 156 of each year. The report is located on the DSHS website at: httplAvww.dslis.state.tx.us/contractsifomis.shtm. Contractor shall maintain, repair, and protect assets under this Contract to assure their full availability and usefulness. If Contractor is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the assets provided or obtained under this Contract, Contractor shall use the proceeds to repair or replace those assets. Section 22.05 Assets as Collateral Prohibited. Contractors on a cost reimbursement payment method shall not encumber equipment purchased with Department funds without prior written approval from the Department. ARTICLE XXIII PROGRAM FUNDS AND PAYMENTS Section 23.01 Use of Funds. Contractor shall expend Department funds only for the provision of approved services and for reasonable and allowable expenses directly related to those services. Section 23.02 Use for Match Prohibited. Contractor shall not use funds provided through this Contract for matching purposes in securing other funding unless directed or approved by the Department in writing. Subrecipient General Provisions (September 1, 2015) 34 Section 23.03 Program Income. a. Gross income directly generated from Department funds through a project or activity performed under a Contract and/or earned only as a result of this Contract during its term is considered program income. b. Unless otherwise required under the terms of the grant funding this Contract, Contractor shall use the addition alternative, as provided in the Uniform Grant Management Standards, for the use of program income to further the program objectives of the state or federal statute that provided the authority of this Contract or its Program Attachment, and Contractor shall spend the program income on the same Project Attachment or Statement of Work project under which it was generated. c. Contractor shall identify and report this income in accordance with Article IX of these General Provisions and the provisions in the Contract or its Program Attachment(s). d. Contractor shall expend program income during the Program Attachment term and may not carry forward to any succeeding term. Contractor shall refund program income not expended in the term in which it is earned to DSHS. e. DSHS may base future funding levels, in part, upon Contractor's proficiency in identifying, billing, collecting, and reporting program income, and in using it for the purposes and under the conditions specified in this Contract. Section 23.04 Nonsupplanting. Contractor shall not use funds from this Contract to replace or substitute existing funding from other sources that also supports the activities that are the subject of this Contract but rather shall use funds from this Contract to supplement existing state or local funds currently available for a particular activity. Contractor shall make a good faith effort to maintain its current level of support. Contractor may be required to submit documentation substantiating that a reduction in state or local funding, if any, resulted for reasons other than receipt or expected receipt of funding under this Contract. Section 23.05 Payment Methods. Section 5.01 of the General Provisions is replaced with the following: Except as otherwise provided by the provisions of this Contract or its Program Attachment(s), the payment method for it will be cost reimbursement. This payment method is based on an approved budget in this Contract or its Program Attachment(s) and acceptable submission of a request for reimbursement. Section 23.06 Financial Status Reports (FSRs). Except as otherwise provided in these General Provisions or in the terms of Contracts, if a contract has a categorical budget, Contractor shall submit quarterly FSRs to Accounts Payable by the last business day of the month following the end of each quarter of the Contract term for Department review and financial assessment. Contractor shall submit the final FSR no later than 45 calendar days following the end of the Contract term. Section 23.07 Working Capital Advance. If necessary, if allowed by law, and if permitted at DSHS sole discretion, Contractor's requests for an advance of funds shall be limited to the minimum amount needed for effective accomplishment of the Project under this Contract, and shall be timed as closely as possible to actual cash requirements. Contractor Subrecipient General Provisions (September 1, 2015) 35 shall establish procedures to minimize the time elapsing between the transfer of funds from DSHS to Contractor, and shall ensure that such funds are disbursed as soon as administratively possible. Section 23.08 Condition Precedent to Requesting Payment. Contractor shall disburse program income, rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting cash payments including any advance payments from Department. Section 23.09 Management and Control Systems. a. Contractor shall maintain an appropriate contract administration system to ensure that all terms, conditions, and specifications are met during the term of the contract through the completion of the closeout procedures. b. Contractor shall develop, implement, and maintain financial management and control systems that meet or exceed the requirements of UGMS. Those requirements and procedures include, at a minimum, the following: 1. Financial planning, including the development of budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; 2. Financial management systems that include accurate accounting records that are accessible and identify the source and application of funds provided under each Program Attachment of this Contract, and original source documentation substantiating that costs are specifically and solely allocable 10 a Contract and its Program Attachment and are traceable from the transaction to the general ledger, 3. Effective internal and budgetary controls; 4. Comparison of actual costs to budget; determination of reasonableness, allowableness, and allocability of costs; 5. Timely and appropriate audits and resolution of any findings; 6. Billing and collection policies; and 7. Mechanism capable of billing and making reasonable efforts to collect from clients and third parties. Section 23.10 Effect of Grant Close Out. Contractor must submit all requests for reimbursement prior to the date of the closure of the grant. DSHS may reject any request for reimbursement submitted after closure of the grant. ARTICLE XXIV ALLOWABLE COSTS AND AUDIT REQUIREMENTS Section 24.01 Allowable Costs. a. Except as provided by Section 23.06, DSHS will reimburse Contractor for services satisfactorily performed, and sufficiently documented for allowable costs. b. Contractor must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Contract. c. DSHS will determine whether costs submitted by Contractor are allowable and eligible for reimbursement. Subrecipient General Provisions (September 1, 2015) 36 d. If DSHS has paid funds to Contractor for unallowable or ineligible costs, DSHS will notify Contractor in writing, and Contractor shall return the funds to DSHS within 30 calendar days of the date of this written notice. e. DSHS may withhold all or part of any payments to Contractor to offset reimbursement for any unallowable or ineligible expenditures that Contractor has not refunded to DSHS, or if financial status report(s) are not submitted by the due date(s). DSHS may take repayment (recoup) from funds available under this Contract in amounts necessary to fulfill Contractor's repayment obligations. Applicable Cost principles. Audit requirements and Administrative Requirements Applicable Entity Applicable Cost Principles Audit Requirements Administrative Requirements State, Local and Tribal Governments OMB Circular A-87 (2 CFR, Part 225) OMB Circular A-133 and UGMS UGMS, OMB Circular A-102, and applicable Federal awarding agency common rule Educational Institutions OMB Circular A-21 (2 CFR, Part 220) OMB Circular A-133 OMB Circular A-110 (2 CFR, Part 215) and applicable Federal awarding agency common rule; and UGMS, as applicable Non -Profit Organizations OMB Circular A-122 (2 CFR, Part 230) OMB Circular A-133 and UGMS UGMS; OMB Circular A-110 (2 CFR, Part 215) and applicable Federal awarding agency common rule For-profit Organization other than a hospital and an organization named in OMB Circular A-122 (2 CFR Part, 230) as not subject to that circular. 48 CFR. Part 31, Contract Cost Principles Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal or state awarding agency OMB Circular A- 133 and UGMS UGMS and applicable Federal awarding agency common rule A chart of applicable Federal awarding agency common rules is located through a weblink on the DSHS website at http: www.dshs.state.tx.us'contracts linls.shtm OMB Circulars will be applied with the modifications prescribed by UGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. The Contract will specify appropriate grant guidance. Section 24.02 Property Acquisitions. Department funds must not be used to purchase buildings or real property. Any costs related to the initial acquisition of the buildings or real property are not allowable. Subrecipient General Provisions (September 1, 2015) 37 Section 24.03 Cost Allocation Plan. a. Contractor shall implement and follow the applicable Cost Allocation Plan. b. Contractor shall submit a Cost Allocation Plan on the format provided by DSHS to the Department's Contract Oversight and Support Section, at Mail Code 1326, P.O. Box 149347, Austin, Texas 78714-9347, or by email to: coscan a dshs.statc.t'c.us no later than the 60t! calendar day after the effective date of the Contract, except when a Contractor has a current Cost Allocation Plan on file with the Department. If Contractor's plan is the same as the plan previously submitted to DSHS, by signing this Contract, Contractor certifies that its current Cost Allocation Plan for the current year is the same as the plan previously submitted. c. If the Cost Allocation Plan changes during the Contract term, Contractor shall submit a new Cost Allocation Plan to the Contract Oversight and Support Section within 30 calendar days after the effective date of the change. Section 24.04 Overtime Compensation. Except as provided in this section, Contractor shall be responsible for any obligations of premium overtime pay due employees. Premium overtime pay is defined as any compensation paid to an individual in addition to the employee's normal rate of pay for hours worked in excess of normal working hours. Funds provided under this Contract may be used to pay the premium portion of overtime only under the following conditions: a. With the prior written approval of DSHS; b. Temporarily, in the case of an emergency or an occasional operational bottleneck; c. When employees are performing indirect functions, such as administration, maintenance, or accounting; d. In performance of tests, laboratory procedures, or similar operations that are continuous in nature and cannot reasonably be interrupted or otherwise completed; or c. When lower overall cost to DSHS will result. Section 24.05 Independent Single or Program -Specific Audit. a. If Contractor within Contractor's fiscal year expends a total amount of at least $750,000 in federal funds awarded, Contractor shall have a single audit or program -specific audit in accordance with the 2 CFR § 200.501. The $750,000 federal threshold amount includes federal funds passed through by way of state agency awards. b. If Contractor within Contractor's fiscal year expends a total amount of at least $500,000 in state funds awarded, Contractor must have a single audit or program -specific audit in accordance with UGMS, State of Texas Single Audit Circular. c. For-profit Contractors whose expenditures meet or exceed the federal and/or state expenditure thresholds stated above shall follow the guidelines in 2 CFR § 200.501 or UGMS, as applicable, for their program -specific audits. d. The HHSC Office of Inspector General (OIG) will notify Contractor to complete the Single Audit Status Registration Form. e. If Contractor fails to complete the Single Audit Status Form within 30 calendar days after notification by OIG to do so, Contractor shall be subject to DSHS sanctions and remedies for non- compliance with this Contract. Subrecipient General Provisions (September 1, 2015) 38 L The audit must be conducted by an independent certified public accountant and in accordance with applicable OMB Circulars, Government Auditing Standards, and UGMS, which is accessible through a wpb link on the DSHS website at hurl: www.dshs.state.tx.us contracts links.shtm. g. Contractor shall procure audit services in compliance with this section, state procurement procedures, as well as with the provisions of UGMS. Contractor, unless Contractor is a state governmental entity, shall competitively re -procure independent single audit services at least every six years. Section 24.06 Submission of Audit. Within thirty (30) calendar days of receipt of the audit reports required by the Independent Single or Program- Specific Audit section, Contractor shall submit one copy to the Department's Contract Oversight and Support Section, and one copy to the 010, at the following addresses: Department of State Health Services Contract Oversight and Support, Mail Code 1326 P.O. Box 149347 Austin, Texas 78714-9347 Health and Human Services Commission Office of Inspector General Compliance/Audit, Mail Code 1326 P.O. Box 85200 Austin, Texas 78708-5200 Electronic submission to DSHS should be addressed as follows: COSContractAdministralionC?dshs.stalc.tx.us Electronic submission to I-IHSC should be addressed as follows: Quecnah.Tcamah a,hhsc.state.tx.us if Contractor fails to submit the audit report as required by the Independent Single or Program -Specific Audit section within thirty (30) calendar days of receipt by Contractor of an audit report, Contractor shall be subject to DSHS sanctions and remedies for non-compliance with this Contract. ARTICLE XXV INSURANCE AND BONDS Section 25.01 Insurance. In addition to the Insurance provision in Section 14.22 of the General Provisions, Contractor shall maintain insurance or other means of repairing or replacing assets purchased with Department funds. Contractor shall repair or replace with comparable equipment any such equipment not covered by insurance that is lost, stolen, damaged or destroyed. If any insured equipment purchased with DSHS funds is lost, stolen, damaged or destroyed, Contractor shall notify the contract manager assigned to this Contract within 5 business days of learning of the Toss, to obtain instructions whether to submit and pursue an insurance claim. Contractor shall use any insurance proceeds to repair the equipment or replace the equipment with comparable equipment or remit the insurance proceeds to DSHS Subrecipient General Provisions (September 1, 2015) 39 Section 25.02 Fidelity Bond. a. For the benefit of DSHS, Contractor is required to carry a fidelity bond or insurance coverage equal to the amount of funding provided under this Contract up to $100,000 that covers each employee of Contractor handling funds under this Contract, including person(s) authorizing payment of such funds. b. The fidelity bond or insurance must provide for indemnification of losses occasioned by any fraudulent or dishonest act or acts committed by any of Contractor's employees, either individually or in concert with others, and/or failure of Contractor or any of its employees to perform faithfully his/her duties or to account properly for all monies and property received by virtue of his/her position or employment. The bond or insurance acquired under this section must include coverage for third party property. c. Contractor shall notify, and obtain prior approval from, the DSHS Contract Oversight and Support Section before settling a claim on the fidelity bond or insurance. Section 25.03 Liability Coverage. For the benefit of DSHS, Contractor shall at all times maintain liability insurance coverage, referred to in Tex. Gov. Code § 2261.102, as "director and officer liability coverage" or similar coverage for all persons in management or governing positions within Contractor's organization or with management or governing authority over Contractor's organization (collectively "responsible persons"). This section applies to entities that are organized as non-profit corporations under the Texas Non -Profit Corporation Act; for-profit corporations organized under the Texas Business Corporations Act; and any other legal entity. Contractor shall maintain copies of liability policies on site for inspection by DSHS and shall submit copies of policies to DSHS upon request. Contractor shall maintain liability insurance coverage in an amount not less than the total value of this Contract and that is sufficient to protect the interests of Department in the event an actionable act or omission by a responsible person damages Department's interests. Contractor shall notify, and obtain prior approval from, the DSHS Contract Oversight and Support Section before settling a claim on the insurance. ARTICLE XXVI TERMINATION, BANKRUPTCY AND CLOSEOUT Section 26.01 Final Budget Contractor shall submit an actual Budget to DSHS no later than sixty (60) days after the contract termination date or at the conclusion of all contract activities, whichever occurs first. The Budget shall be in a format prescribed by DSHS and shall be accompanied by a report of all activities performed under this Contract. Section 26.02 Bankruptcy. In the event of bankruptcy, Contractor shall sever Department property, equipment, and supplies in possession of Contractor from the bankruptcy, and title must revert to Department. If directed by DSHS, Contractor shall return all such property, equipment and supplies to DSHS. Contractor shall ensure that its subcontracts, if any, contain a specific provision requiring that in the event the subcontractor's bankruptcy, the subcontractor must sever Department property, equipment, and supplies in possession of the subcontractor from the bankruptcy, and title must revert to Department, who may require that the property, equipment and supplies be returned to DSHS. Subrecipient General Provisions (September 1, 2015) 40 Section 26.03 Title to Property. At the expiration or termination of this Contact for any reason, title to any remaining equipment and supplies purchased with funds under this Contract reverts to Department. Title may be transferred to any other party designated by Department. The Department may, at its option and to the extent allowed by law, transfer the reversionary interest to such property to Contractor. Section 26.04 Disposition of Property. a. Contractor shall follow the procedures in the American Hospital Association's (AHA) "Estimated Useful Lives of Depreciable Hospital Assets" in disposing, at any time during or after the Contract term, of equipment purchased with the Department funds, except when federal or state statutory requirements supersede or when the equipment requires licensure or registration by the state, or when the acquisition price of the equipment is equal to or greater than $5,000. b. All other equipment not listed in the AHA reference (other than equipment that requires licensure or registration or that has an acquisition cost equal to or greater than 55,000) will be controlled by the requirements of UGMS. c. If, prior to the end of the useful life, any item of equipment is no longer needed to perform services under this Contract, or becomes inoperable, or if the equipment requires licensure or registration or had an acquisition price equal to or greater than 55,000, Contractor shall request disposition approval and instructions in writing from the contract manager assigned to this Contract. d. After an item reaches the end of its useful life, Contractor shall ensure that disposition of any equipment is in accordance with Generally Accepted Accounting Principles, and any applicable federal guidance. Section 26.05 Closeout of Equipment. At the end of the tern of a Contract that Inas no additional renewals or that will not be renewed (Closeout), or when a Contract is otherwise terminated, Contractor shall submit to the contract manager assigned to this, an inventory of equipment purchased with Department funds and request disposition instructions for such equipment. All equipment purchased with Department funds must be secured by Contractor at the time of Closeout, or termination of this Contract, and must be disposed of according to the Department's disposition instructions, which may include return of the equipment to DSHS or transfer of possession to another DSHS contractor, at Contractor's expense. ARTICLE XXVII NON-EXCLUSIVE LIST OF APPLICABLE LAWS Where applicable, federal statutes and regulations, including federal grant requirements applicable to funding sources, will apply to this Contract. Contractor agrees to comply with applicable laws, executive orders, regulations and policies, as well as Office of Management and Budget (OMB) Circulars (as codified in Title 2 of the Code of Federal Regulations), the Uniform Grant and Contract Management Act of 1981 (UGMA), Tex. Gov. Code Chapter 783, and Uniform Grant Management Standards (UGMS), as revised by federal circulars and incorporated in UGMS by the Comptroller of Public Accounts, Texas Procurement and Support Services Division. UGMA and UGMS can be located through web links on the DSHS website at http:. 'www.dshs.statc.tx.us,'contracts. links.shtm Subrecipient General Provisions (September 1, 2015) 41 Contractor also shall comply with all applicable federal and state assurances contained in the Uniform Grant Management Standards. If applicable, Contractor shall comply with the Federal awarding agency's Common Rule, and the U.S. Health and Human Services Grants Policy Statement, both of which may be located through web links on the DSHS website at httn: www.dshs.state.tx.us.°contract& Iinls.shtm For contracts funded by block grants, Contractor shall comply with Tex. Gov. Code Chapter 2105. Subrecipient General Provisions (September I, 2015) 42 AGENDA MEMORANDUM First Reading for the City Council Meeting of September 13, 2016 Second Reading for the City Council Meeting of September 20, 2016 DATE: September 8, 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, Public Works ValerieG@cctexas.com (361) 826-3729 CAPTION: Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 Engineering Construction Contract Corpus Christi International Airport (CCIA) East General Aviation (GA) Reconstruction Ordinance appropriating $2,300,000.00 from the Federal Aviation Administration Grant No. 3-48-0051- 053-2016 in the No. 3020 Airport Capital Improvement Fund for the East General Aviation (GA) Reconstruction; amending the FY 2015-16 Capital Budget adopted by Ordinance No. 030621 by increasing revenues and expenditures $2,300,000.00; and authorizing the City Manager, or designee, to execute a construction contract with SpawGlass Construction of Houston, Texas in the amount of $3,310,376.93 for the Base Bid plus Additive Alternate One. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract with the lowest responsible bidder, SpawGlass Construction for the East General Aviation (GA) Reconstruction. BACKGROUND AND FINDINGS: Corpus Christi International Airport (CCIA) is owned, operated, and maintained by the City of Corpus Christi and is located in Nueces County, Texas. The airport processes more than 360,000 passengers annually and experiences over 100,000 annual aircraft operations each year. The East General Aviation (GA) Apron is where general aviation aircraft are parked, unloaded or loaded, refueled or boarded. The East General Aviation (GA) Apron is essential for maintaining service to general aviation aircraft, and supports private terminals and hangars on the east side of the airport. The East GA Apron is Hot Mix Asphalt Concrete (HMAC) pavement showing severe distress that requires rehabilitation to meet operational and safety requirements. The base bid includes the removal and replacement of approximately 14,587 square yards of hot mix asphalt concrete (HMAC) pavement with Portland Cement Concrete pavement, as well as new aircraft tie -downs anchors. The additive alternate includes the removal and replacement of 1,544 square yards of concrete apron pavement along with new aircraft tie -downs The project is a FAA/City project with joint funding. This project will be phased according to funding availability. The complete rehabilitation of the East GA Apron is phased with the first phase replacing approximately 1/3 of the apron. Future phases will be implemented as funding allows. On August 3, 2016 the City received proposals from three (3) bidders. One bidder was determined to be non-responsive. The responsive bidders are as follows: Contractor Base Bid Add Alt 1 Total Bay, LTD. Corpus Christi, Texas $4,465,205.90 $520,997.80 $4,986,203.70 SpawGlass Construction Houston, Texas $2,957,611.08 $352,765.85 $3,310,376.93 ALTERNATIVES: 1. Authorize execution of the construction contract. 2. Do not authorize execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: The City's engineer, KSA Engineers, evaluated three bids and determined that SpawGlass Construction was the lowest responsive bidder. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; §2, Article 10 of the City Charter regarding contracts; FY 2015-2016 Airport Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Aviation FINANCIAL IMPACT: ❑ Operating ❑ Revenue Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Airport CIP Budget $112,000.00 $1,688,514.62 $1,800,514.62 FAA Grant Award $2,300,000.00 $2,300,000.00 Encumbered / Expended Amount $112,000.00 $112,000.00 This item $3,310,376.93 $3,310,376.93 Future Anticipated $678,137.69 $678,137.69 Expenditures This Project BALANCE $0.00 $0.00 $0.00 Fund(s): Airport Fund Reserves and FAA Grant, CIP 2015-2016, AV 09 RECOMMENDATION: City staff recommends that the construction contract be awarded a construction contract with SpawGlass Construction of Houston, Texas in the amount of $3,310,376.93 for the Base Bid plus Additive Alternate One. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Presentation Form 1295 Page 1 of 2 Ordinance Ordinance appropriating $2,300,000.00 from the Federal Aviation Administration Grant No. 3-48-0051-053-2016 in the No. 3020 Airport Capital Improvement Fund for the East General Aviation (GA) Reconstruction; amending the FY 2015-16 Capital Budget adopted by Ordinance No. 030621 by increasing revenues and expenditures $2,300,000.00; and authorizing the City Manager, or designee, to execute a construction contract with SpawGlass Construction of Houston, Texas in the amount of $3,310,376.93 for the Base Bid plus Additive Alternate One. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $2,300,000.00 from the Federal Aviation Administration Grant No. 3- 48-0051-053-2016 is appropriated in the No. 3020 Airport Capital Improvement Fund. SECTION 2. That the FY 2015-2016 Capital Budget adopted by Ordinance 029565 is changed to increase revenues and expenditures by $ $2,300,000.00 SECTION 3. The City Manager or designee is authorized to execute a construction contract with SpawGlass Construction of Houston, Texas in the amount of $3,310,376.93 for the East General Aviation (GA) Reconstruction for the Base Bid plus Additive Alternate One. 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 Page 2 of 2 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 on this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor PROJECT BUDGET Reconstruct East General Aviation (GA) Apron Areas 3 - 6 Project No. E15234 FUNDS AVAILABLE: Airport CIP $ 1,800,514.62 FAA Grant $ 2,300,000.00 TOTAL $ 4,100,514.62 FUNDS REQUIRED: Construction (SpawGlass Construction) This Item Base Bid plus Add Alts 1 - 4 $ 3,310,376.93 Contingencies (10%) $ 331,037.69 Construction Materials Inspection and Testing: Construction Inspection $ 100,000.00 Construction Materials Testing (Rock Engineering) $ 45,000.00 Design: A/E Consultant (KSA ENGINEERS) $ 214,100.00 Preliminary Engineering Design (Survey Services) $ 23,714.00 Engineering Design $ 190,386.00 Reimbursements. Total Reimbursements $ 100,000.00 Administration/Finance (Capital Programs/Capital Budget/Finance) $ 22,000.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) $ 76,000.00 Misc. (Printing, Advertising, etc.) $ 2,000.00 TOTAL $ 4,100,514.62 ESTIMATED PROJECT BALANCE $ 53E. 31.61 225C ueces B IY 441 Tierra Grande 665 __- Texa5 Stale Aqu9riu . Corpus Chri PROCECT LOCATION 1,44) Corpus Christi n International Airport ❑3a 55A 6.55 2292 Tfi3 ae 55 53 Q 49 4T VICINITY MAP NOT TO SCALE 286 we Proje tuber: El5❑❑❑ Corpus Christi International Airport East GA Apron Reconstruction CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CC!A CORPUS CHRISTI INTERNATIONAL AIRPORT 10 Corpus Chr sti Engineering Corpus Christi International Airport East General Aviation (GA) Reconstruction Council Presentation September 13, 2016 Project Location 4*orpps Engineering 2 Project Scope Corpus Chr sti Engineering • Removal of existing asphalt pavement • Replace with reinforced concrete, aircraft tie - downs • Striping and marking 3 Project Schedule ai Corpus Chr sti Engineering 2016 2017 Jan Feb Mar Apr May Design Jun Jul Aug Sep Bid / Award Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Construction Project Estimate: 325 Calendar Days 11 Months �1 U.S. Department of Transportation Federal Aviation Administration August 23, 2016 Mr. Fred Segundo Director of Aviation Corpus Christi International Airport 1000 International Drive Corpus Christi, Texas 78406-1801 Dear Mr. Segundo: We are enclosing the original and one copy of the Grant Offer for Airport Improvement Program (AIP) Project No. 3-48-0051-053-2016 at Corpus Christi International Airport, Texas. This letter outlines expectations for success. Please read the conditions and assurances carefully. To properly enter into this agreement, you must do the following: • The governing body must pass a resolution and execute the grant, along with your attorney's certification, by September 15, 2016, in order for the grant to be valid. • No change may be made by you or your representative to the Grant Offer. • We ask that you return the Grant Offer marked "Original" to us by overnight mail and maintain the copy marked "Sponsor" for your records. Subject to the requirements in 49 CFR § 18.21, each payment request for reimbursement under this grant must be made electronically via the Delphi elnvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System. Please note Grant Condition No. 4 requires you to complete the project without undue delay. We will be paying close attention to your progress to ensure proper stewardship of these Federal funds. You are expected to submit payment requests for reimbursement of allowable incurred project expenses in accordance with project progress. Should you fail to make draws on a regular basis, your grant may be placed in "inactive" status which will impact future grant offers. Until the grant is completed and closed, you are responsible for submitting formal reports as follows: • A signed/dated SF -270 (non -construction projects) or SF -271 or equivalent (construction projects) and SF -425 annually, due 90 days after the end of each federal fiscal year in which this grant is open (due December 31 of each year this grant is open); and • Quarterly Performance Reports due every quarter. Once the project(s) is completed and all costs are determined, we ask that you close the project without delay and submit, as a minimum, the following: • Sponsor Certification for Project Final Acceptance; 2 • Summary of all change orders and summary of all testing; and • Final SF -270 or SF -271 (or equivalent) and SF -425. Mr. Marcelino Sanchez is the assigned program manager for this grant and is readily available to assist you and your designated representative with the requirements stated herein. We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project. Siscerel en Guttery Manager, Texas Airports District Office 0 U.S. Department of Transportation Federal Aviation Administration GRANT AGREEMENT PART I — OFFER Date of Offer Airport/Planning Area AIP Grant Number DUNS Number TO: The City of Corpus Christi, Texas August 23, 2016 Corpus Christi International Airport, Texas 3-48-0051-053-2016 782001259 (herein called the "Sponsor") The United States of America (acting through the Federal Aviation Administration, herein called the FROM: "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated August 3, 2016, for a grant of Federal funds for a project at or associated with the Corpus Christi International Airport, Texas, which is included as part of this Grant Agreement; and WHEREAS, the FAA has approved a project for the Corpus Christi International Airport, Texas (herein called the "Project") consisting of the following: Rehabilitate East General Aviation (GA) Apron, Phase 1 which is more fully described in the Project Application. NOW THEREFORE, According to the applicable provisions of the former Federal Aviation Act of 1958, as amended and recodified, 49 U.S.C. 40101, et seq., and the former Airport and Airway Improvement Act of 1982 (AAIA), as amended and recodified, 49 U.S.C. 47101, et seq., (herein the AAIA grant statute is referred to as "the Act"), the representations contained in the Project Application, and in consideration of (a) the Sponsor's adoption and ratification of the Grant Assurances dated April 3, 2014, and the Sponsor's acceptance of this Offer, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay 90 percent of the allowable costs incurred accomplishing the Project as the United States share of the Project. This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1IPage 3-48-0051-053-2016 CONDITIONS 1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $2,300,000.00. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b), the following amounts are being specified for this purpose: $2,300,000.00 for airport development. 2. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA has determined to be ineligible or unallowable. 3. Determining the Final Federal Share of Costs. The United States' share of allowable project costs will be made in accordance with the regulations, policies and procedures of the Secretary. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this agreement, and the regulations, policies and procedures of the Secretary. The Sponsor also agrees to comply with the assurances which are part of this agreement. 5. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 6. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before September 15, 2016, or such subsequent date as may be prescribed in writing by the FAA. 7. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. 8. United States Not Liable for Damage or Injury. The United States is not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 2IPage 3-48-0051-053-2016 9. System for Award Management (SAM) Registration And Universal Identifier. A. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). B. Requirement for Data Universal Numbering System (DUNS) Numbers 1. The Sponsor must notify potential subrecipient that it cannot receive a contract unless it has provided its DUNS number to the Sponsor. A subrecipient means a consultant, contractor, or other entity that enters into an agreement with the Sponsor to provide services or other work to further this project, and is accountable to the Sponsor for the use of the Federal funds provided by the agreement, which may be provided through any legal agreement, including a contract. 2. The Sponsor may not make an award to a subrecipient unless the subrecipient has provided its DUNS number to the Sponsor. 3. Data Universal Numbering System: DUNS number means the nine -digit number established and assigned by Dun and Bradstreet, Inc. (D & B) to uniquely identify business entities. A DUNS number may be obtained from D & B by telephone (currently 866-492-0280) or the Internet (currently at http://fedgov.dnb.com/webform). 10. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this agreement electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 11. Informal Letter Amendment of AIP Protects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter to the Sponsor unilaterally reducing the maximum obligation. The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments. If the FAA determines that a change in the grant description is advantageous and in the best interests of the United States, the FAA can issue a letter to the Sponsor amending the grant description. By issuing an Informal Letter Amendment, the FAA has changed the grant amount or grant description to the amount or description in the letter. 12. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this grant. 13. Financial Reporting and Payment Requirements. The Sponsor will comply with all federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 14. Buy American. Unless otherwise approved in advance by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for which funds are provided under this grant. The Sponsor will include a provision implementing Buy American in every contract. 3I Page 3-48-0051 -053-201 6 15. Maximum Obligation Increase For Primary Airports. In accordance with 49 U.S.C. § 47108(b), as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer: A. may not be increased for a planning project; B. may be increased by not more than 15 percent for development projects; C. may be increased by not more than 15 percent for land project. 16. Audits for Public Sponsors. The Sponsor must provide for a Single Audit in accordance with 2 CFR Part 200. The Sponsor must submit the Single Audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/. The Sponsor must also provide one copy of the completed 2 CFR Part 200 audit to the Airports District Office. 17. Suspension or Debarment. The Sponsor must inform the FAA when the Sponsor suspends or debars a contractor, person, or entity. 18. Ban on Texting When Driving. A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and b. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. B. The Sponsor must insert the substance of this clause on banning texting when driving in all subgrants, contracts and subcontracts 19. Trafficking in Persons. A. Prohibitions: The prohibitions against trafficking in persons (Prohibitions) that apply to any entity other than a State, local government, Indian tribe, or foreign public entity. This includes private Sponsors, public Sponsor employees, subrecipients of private or public Sponsors (private entity) are: 1. Engaging in severe forms of trafficking in persons during the period of time that the agreement is in effect; 2. Procuring a commercial sex act during the period of time that the agreement is in effect; or 3. Using forced labor in the performance of the agreement, including subcontracts or subagreements under the agreement. B. In addition to all other remedies for noncompliance that are available to the FAA, Section 4IPage 3-48-0051-053-2016 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), allows the FAA to unilaterally terminate this agreement, without penalty, if a private entity – 1. Is determined to have violated the Prohibitions; or 2. Has an employee who the FAA determines has violated the Prohibitions through conduct that is either— a. Associated with performance under this agreement; or b. Imputed to the Sponsor or subrecipient using 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by the FAA at 49 CFR Part 29. 2 0. Exhibit A Included with Grant Application. The Exhibit "A" updated May 18, 2012, submitted with the project application is made a part of this grant agreement. 5I page 3-48-0051 -053-201 6 The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATIO ADMINISTRATION G (Sign ture) Ben Guttery (Typed Name) Manager, Texas Airports District Office (Title) 61 Page 3-48-0051-053-2016 PART II - ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. I declare under penalty of perjury that the foregoing is true and correct.' Executed this day of , By: Title: (Name of Sponsor) (Signature of Sponsor's Designated Official Representative) (Typed Name of Sponsor's Designated Official Representative) (Title of Sponsor) CERTIFICATE OF SPONSOR'S ATTORNEY acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at this day of By (Signature of Sponsor's Attorney) 1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section 1001 (False Statements) and could subject you to fines, imprisonment, or both. 71Page 3-48-0051-053-2016 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 2 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parries. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-103739 Date Filed: 08/24/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. SpawGlass Civil Construction, Inc. Houston, 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. Project No. E15234 CCIA East General Aviation (GA)Reconstruction 4 Name of Interested PartyCity,State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary SpawGlass Holding LP Selma, TX United States X SG Enterprises, Inc. Selma, TX United States X SpawGlass Employee Holding Co Selma, TX United States X Blalock, Robert Austin, TX United States X AI-Nahhas, Amer Katy, TX United States X Friedel, Robert Garden Ridge, TX United States X Stone, Joel Buda, TX United States X Hinson, Dan Pearland, TX United States X Raley, Fred San Antonio, TX United States X Dralle, Laurie San Antonio, TX United States X Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 2 of 2 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: 2016-103739 Date Filed: 08/24/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. SpawGlass Civil Construction, Inc. Houston, 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. Project No. E15234 CCIA East General Aviation (GA)Reconstruction 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. ❑ 6 AFFIDAVIT jCommisslan AFFIX Sworn 20 I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. / I l ROBIN Y FALKE el‘Notary Public, State of Texas Expires "�`� JUNE 7, 2018 Signature of authorized agent of contracting business entity ,Q�( PY'nE� r l `� L S , this the •Ztiday of — — _ _ NOTARY STAMP to and subscribed WC to certify _ _ 1 SEAL ABOVE before me, by the said which, witness my hand and seal of office. h iJ IV t o ' F-.-� 1 ILS 1 mk t J\-, Signature of officer administering oath Printed name of officer pdministering oath Title of officer admi iistering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 ...i�YSAfL6A3x S.t.�'yy'�rettr�: v"�Jj�`{�fL-G'�Ui^..3Y�.3•. 3m.i Y bi!&UR a Baa r ab �il'tt i Ji .Ni#du yuit s I 1, e • siss:e i iirrii. ma#C') fir, -.xr17.5:?4A:=`.SFY.+:.:�N@y-n t'i^Yra�rdH:'Giis��r,�rtl.JYari:�' AGENDA MEMORANDUM First Reading Ordinance the City Council Meeting of September 13, 2016 Second Reading Ordinance for the City Council Meeting of September 20, 2016 DATE: August 17, 2016 TO: Margie C. Rose, City Manager FROM: Mike Culbertson, Chief Operating Officer- CCREDC (361) 882-7448 mculbertson@ccredc.com Type A Grant for Texas A&M University — Corpus Christi CAPTION: Ordinance approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Texas A&M University - Corpus Christi to provide a grant of $2,000,000 to expand its undergraduate degrees in civil and industrial engineering and authorizing the City Manager, or designee, to execute a Business Incentive Project Service Agreement with the Type A Corporation regarding implementation and administration of the Texas A&M University - Corpus Christi Business Incentive Agreement; and appropriating $2,000,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to Texas A&M University - Corpus Christi and changing the FY 2015-2016 operating budget, adopted by Ordinance No. 030620, by increasing proposed expenditures by $2,000,000. PURPOSE: Provide a grant from the Type A fund to Texas A&M University — Corpus Christi (TAMU-CC) to expand their undergraduate degrees in civil and industrial engineering by reimbursing TAMU- CC to purchase laboratory equipment for their civil and industrial engineering programs and construction and/or retrofitting existing labs for civil and industrial engineering as needed. BACKGROUND AND FINDINGS: The City previously approved a grant of $1 million for the Mechanical Engineering program and $1 million for the Electrical Engineering program at TAMU-CC. The enrollment numbers have exceeded projections and ABET accreditation was achieved earlier than anticipated. The need for additional engineers statewide and locally remains high today, as evidenced by a wide range of data from State and industry sources. The establishment of the Civil and Industrial Engineering degrees at TAMU-CC will benefit the City in many ways, including but not limited to: • Will be aligned with projected workforce needs -for example, civil engineering will serve the workforce need of construction industry and industrial engineering will support the Port of Corpus Christi and related industries as students are trained to become first-line supervisors of production and operation; • Will support the University and A&M System's autonomous systems initiatives, specifically the UAS program, which is a four -billion -dollar energy industry; • Will take advantage of the FAA designation of Lone Star UAS Center of Excellence and Innovation (LSUASC) to provide unique education and research opportunities to engineering students. LSUASC is one of six FAA designated sites in the U.S. and one of three sites led by academic institutions of higher learning; • Will emphasize recruitment of underrepresented students and faculty, including Hispanics, African -Americans, and females; • Will be built from the ground up to ensure transfer student success, by including early and consistent collaboration with our main transfer partner, Del Mar College, and by following relevant Texas High Education Coordinating Board enabled transfer compacts in the specific engineering disciplines; • Will include a strong effort to recruit Texas and U.S. students into these programs building on local and regional initiatives; • Will include initiatives to increase high school student's inherent interest in engineering as occupation and major, to be part of an effort to increase the level of student attainment of college and career readiness. Texas A&M University -Corpus Christi will supply matching funds in the Civil and Industrial Engineering programs for purchase of laboratory equipment and constructing and/or retro -fitting labs for their civil and industrial engineering programs and retrofit existing labs for civil and industrial engineering as needed. The $2 million requested from the Type A Board will be paid out over time as the laboratories are being built and equipped. ALTERNATIVES: This is the only incentive for this project. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and incentivizing business to locate and thrive in Corpus Christi EMERGENCY / NON -EMERGENCY: NON -EMERGENCY DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 2,000,000 2,000,000 BALANCE 2,000,000 2,000,000 Fund: Type A Fund RECOMMENDATION: Staff recommends approving of this $2 million grant to Texas A&M University — Corpus Christi for the lab equipment and retro -fitting for their civil and industrial engineering programs. LIST OF SUPPORTING DOCUMENTS: Ordinance — TAM U -CC Civil and Industrial Engineering Business Incentive Agreement — TAMU-CC Civil and Industrial Engineering Business Support Agreement — TAM U -CC Civil and Industrial Engineering Page 1 of 2 Ordinance Approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Texas A&M University — Corpus Christi to provide a grant of $2,000,000 to expand its undergraduate degrees in civil and industrial engineering and authorizing the City Manager, or designee, to execute a Business Incentive Project Service Agreement with the Type A Corporation regarding implementation and administration of the Texas A&M University — Corpus Christi Business Incentive Agreement; and appropriating $2,000,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to Texas A&M University — Corpus Christi and changing the FY 2015-2016 operating budget, adopted by Ordinance No. 030620, by increasing proposed expenditures by $2,000,000. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That a Business Incentive Agreement between the Corpus Christi Business and Job Development Type A Corporation and Texas A&M University — Corpus Christi providing a grant of $2,000,000 to expand its undergraduate degrees in civil and industrial engineering through the purchase of laboratory equipment and retrofitting existing laboratories as approved by the Type A Corporation is approved. The City Manager or his designee is authorized to sign a Business Incentive Project Service Agreement with the Type A Corporation implementing and administering the grant. SECTION 2. That $2,000,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund is appropriated for a business incentive grant from the Type A Corporation to Texas A&M University — Corpus Christi to expand its undergraduate degrees in civil and industrial engineering through the purchase of laboratory equipment and retrofitting existing laboratories. SECTION 3. That Ordinance No. 030620, which adopted the FY 2015-2016 Operating Fund, is changed to increase proposed expenditures in the No. 1140 Business/Job Development Fund by $2,000,000 for a business incentive grant from the Type A Corporation to Texas A&M University — Corpus Christi to expand its undergraduate degrees in civil and industrial engineering through the purchase of laboratory equipment and retrofitting existing laboratories. PASSED AND APPROVED, this the th day of , 2016. ATTEST: Rebecca Huerta City Secretary @BCL@FC05E7D5 Nelda Martinez Mayor Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 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 @BCL@FC05E7D5 BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND TEXAS A&M UNIVERSITY — CORPUS CHRISTI re: DEVELOPMENT OF FACILITIES FOR THE BACHELOR OF SCIENCE IN CIVIL AND INDUSTRIAL ENGINEERING PROGRAMS This Business Incentive Agreement for Capital Investments and Job Training ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Texas A&M University — Corpus Christi ("TAMU-CC"), a member of The Texas A&M University System, an agency of the State of Texas. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, Section 504.002 et seq, ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the Texas Comptroller of Public Accounts, effective April 1, 2003, to be administered by the Corporation's Board of Directors ("Board"); WHEREAS, the ordinance adopting the 1/8th cent sales tax specifically provided that the funds could be used to make grants to organizations to provide training, retraining, and education to ensure the knowledge and skills required for the jobs of the future are in place; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on August 17, 2015, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on September 15, 2015; WHEREAS, Section 501.073 of The Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, TAMU-CC is expanding its undergraduate degrees in civil and industrial engineering; 1 Type A Business Incentive Agreement Jobs Training TAMU-CC 07-18-16 WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to TAMU-CC, through this Agreement with TAMU-CC, to be used by TAMU-CC for expenses related to establishing the facilities for the new engineering programs, including retrofitting and ouffitting the laboratories to be used in TAMU-CC's Civil and Industrial Engineering programs. WHEREAS, TAMU-CC intends to invest approximately $4,000,000 over a five-year period, including the funding received from the Corporation; WHEREAS, on July 18, 2016, the Board determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to TAMU-CC, through this Agreement with TAMU-CC, to be used by TAMU-CC to establish new engineering programs and will result in job training that will give our citizens the knowledge and skills required for the jobs of the future. New jobs will pay wages that are at least equal to the prevailing wage for the applicable occupation in the local labor market. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and TAMU-CC agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for five years beginning on the Effective Date. 3. Performance Requirements and Conditions. a. TAMU-CC shall purchase laboratory equipment for its civil and industrial engineering programs and construct or retrofit existing labs for civil and industrial engineering as needed (the "Project"). b. The Corporation will reimburse TAMU-CC for the costs incurred by TAMU-CC related to the Project. TAMU-CC shall submit to the Corporation documentation reasonably satisfactory to the Corporation of costs incurred by TAMU-CC related to the Project and the Corporation shall provide reimbursement within 30 days of receipt of such documentation. The amount reimbursed by the Corporation may not exceed $2,000,000. c. On the annual anniversary of the Effective Date, TAMU-CC shall report to the Corporation the number of students enrolled in the Civil and Industrial Engineering programs at TAMU-CC during the previous year. d. TAMU-CC will display signage that states that TAMU-CC is a recipient of Type A funding. This signage will be created at TAMU-CC's own expense, and will be displayed in a location that is visible to a visitor to the facility. e. If the programs are not funded by the TAMU-CC or the Texas Legislature by September 1, 2018, this Agreement shall automatically terminate. 2 Type A Business Incentive Agreement Jobs Training TAMU-CC 07-18-16 4. Utilization of Local Contractors and Suppliers. TAMU-CC agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. TAMU-CC agrees, during the construction of the Project and for four years after its completion, to maintain written records documenting the efforts of TAMU-CC to comply with the Local Requirement, and to provide an annual report to the City Manager or designee. Failure to substantially comply with this requirement shall be a default hereunder. 5. Utilization of Historically Underutilized Businesses ("HUBs'). TAMU-CC agrees to make good faith efforts in utilizing contractors and suppliers in the Project that are HUBs in accordance with Texas Government Code, Chapter 2161, Subchapter F, and Comptroller of Public Accounts HUB Rules, TAC Section 20.14, with a priority made for HUBs which are local. TAMU-CC agrees to a goal of 22.82% of the total dollar amount of all construction contracts and supply agreements for the Project being paid to HUBs. TAMU-CC agrees, during the construction of the Project and for four years after its completion, to maintain written records documenting the efforts of TAMU-CC to comply with the DBE Requirement, and to provide an annual report to the City Manager or designee. Failure to substantially comply with this requirement shall be a default hereunder. For the purposes of this section, the term "local" as used to describe contractors and suppliers that are determined to be HUBs includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. 6. Health Insurance. To qualify for this incentive, TAMU-CC certifies that it has offered a health insurance program for its employees during the term of the Agreement. 7. Warranties. TAMU-CC warrants and represents to Corporation the following: a. TAMU-CC is an institution of higher education duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. TAMU-CC has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. TAMU-CC has timely filed and will timely file all local, State, and Federal tax reports and returns required by law to be filed and all taxes, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. 3 Type A Business Incentive Agreement Jobs Training TAMU-CC 07-18-16 d. TAMU-CC has received a copy of the Act, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The parties executing this Agreement on behalf of TAMU-CC are duly authorized to execute this Agreement on behalf of TAMU-CC. f. TAMU-CC does not, and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, TAMU-CC is convicted of a violation under 8 U.S.C. Section 1324a(f), TAMU-CC shall repay the payments received under this Agreement to the Corporation, with interest at the Wall Street Journal Prime Rate, not later than the 120th day after the date TAMU-CC has been convicted of the violation and exhausted all available appeals. 8. Compliance with Laws. TAMU-CC shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 9. Non -Discrimination. TAMU-CC covenants and agrees that TAMU-CC will not illegally discriminate nor permit illegal discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in TAMU-CC on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 10. Force Majeure. If the Corporation or TAMU-CC are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or TAMU-CC are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 11. Assignment. TAMU-CC may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 12, Indemnity. To the extent authorized by law, TAMU-CC covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents (`Indemnitees") against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with TAMU-CC activities conducted under or incidental to this 4 Type A Business Incentive Agreement Jobs Training TAMU-CC 07-18-16 Agreement, except to the extent any injury, loss or damage is caused by the sole or contributory negligence of any or all of the Indemnitees. TAMU-CC must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands arising from the liability, damage, loss, claims, demands, or actions. 13. Events of Default by TAMU-CC. The following events constitute a default of this Agreement by TAMU-CC: a. The Corporation or City determines that any representation or warranty on behalf of TAMU-CC contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made. b. Any judgment related to this Agreement is assessed against TAMU-CC or any attachment or other levy against the property of TAMU-CC with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. TAMU-CC makes an assignment for the benefit of creditors. d. TAMU-CC files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. e. If taxes owed by TAMU-CC become delinquent, and TAMU-CC fails to timely and properly follow the legal procedures for protest or contest. f. TAMU-CC changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. 14. Notice of Default. Should the Corporation or City determine that TAMU-CC is in default according to the terms of this Agreement, the Corporation or City shall notify TAMU-CC in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for TAMU- CC to cure the event of default. 15. Results of Uncured Default by TAMU-CC. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of TAMU-CC, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. TAMU-CC shall immediately repay all funds paid by Corporation to TAMU-CC under this Agreement. 5 Type A Business Incentive Agreement Jobs Training TAMU-CC 07-18-16 b. TAMU-CC shall, to the extent authorized by law, pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by TAMU-CC of all sums due, the Corporation and TAMU-CC shall have no further obligations to one another under this Agreement. d. Neither the City, the Corporation, nor TAMU-CC may be held liable for any consequential damages. 16. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of TAMU-CC's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time TAMU-CC is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 17. TAMU-CC specifically agrees that Corporation shall only be liable to TAMU-CC for the actual amount of the money grants to be conveyed to TAMU-CC, and shall not be liable to TAMU-CC for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. 6 Type A Business Incentive Agreement Jobs Training TAMU-CC 07-18-16 Payments to be made shall also require a written request from TAMU-CC to be accompanied by all necessary supporting documentation. 18. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. 19. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: TAMU-CC: Texas A&M University — Corpus Christi Attn: Director of Contracts and Property 6300 Ocean Drive, Unit 5731 Corpus Christi, Texas 78412-5731 City of Corpus Christi Business and Job Development Corporation Attn: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent to the City at the following address: City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 20. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ("Corporation Guidelines"), as amended, are incorporated into this Agreement. 21. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 22. Relationship of Parties. In performing this Agreement, both the Corporation and TAMU-CC will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint -venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 7 Type A Business Incentive Agreement Jobs Training TAMU-CC 07-18-16 23. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 24. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 25. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 26. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and TAMU-CC. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 27. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Sections 14 and 15 shall survive the termination of this Agreement. 28. Public Information. a. Corporation and TAMU-CC each acknowledge that the other is obligated to comply with the Public Information Act, Chapter 552, Texas Government Code, in responding to any request for public information pertaining to this Agreement, as well as any other disclosure of information required by applicable Texas law. b. Upon written request from the other party, Corporation or TAMU-CC will provide specified public information exchanged or created under this Agreement that is not otherwise excepted from disclosure under chapter 552, Texas Government Code, to the other party in a non-proprietary format acceptable to the other party. As used in this provision, "public 8 Type A Business Incentive Agreement Jobs Training TAMU-CC 07-18-16 information" has the meaning assigned by Section 552.002, Texas Government Code, but only includes information to which the other party has a right of access. Corpus Christi Business & Job Development Corporation By: Date: Attest: By: Dr. R. Bryan Gulley President Rebecca Huerta Assistant Secretary Approved as to Legal Form By: Aimee Alcorn -Reed Assistant City Attorney Attorney for Corporation Date: Texas A&M University—Corpus Christi By/ . Flavius Killebrew President THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2016 by Dr. Flavius Killebrew, President of Texas A&M University-Corpu Christi, a member of the Texas A&M University System, an agency of the State of Texas, on behalf of the university. 11,16 -far Pa_b iie, 9 Type A Business Incentive Agreement Jobs Training TAMU-CC 07-18-16 BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ("Project Service Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and the City of Corpus Christi, Texas ("City"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle 01, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Type A Corporation's Board of Directors ("Board"); WHEREAS, the Type A Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on August 17, 2015, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on September 15, 2015; WHEREAS, Section 501.073, Texas Local Government Code (formerly Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes), requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, Texas A&M University — Corpus Christi ("TAMUCC") has submitted a proposal to the Type A Corporation for a $2,000,000 grant to be used by TAMU-CC for expenses related to establishing the facilities for the new civil and industrial engineering programs, including retrofitting and outfitting the laboratories currently used in TAMU- CC's other engineering programs; WHEREAS, the Type A Corporation and TAMU-CC have executed a business incentive project agreement for establishing laboratories that will aid TAMU-CC in training citizens for jobs in the local industry. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Type A Corporation and the City agree as follows: Page 1 of 3 @BCL@FC0527DB 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Type A Corporation is executed to implement the Business Incentive Agreement for Job Training between the Type A Corporation and TAMU-CC related to TAMU-CC establishing facilities for the new civil and industrial engineering programs, including retrofitting and outfitting the laboratories currently used in TAMU-CC's other engineering programs ("Business Incentive Agreement"). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Type A Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Type A Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City's Council. 5. Effective Date. The effective date of this Project Service Agreement is the latest date that either party executes this Agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or Page 2 of 3 @BCL@FC0527DB provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. The City of Corpus Christi Corpus Christi Business & Job Development Corporation Margie C. Rose Dr. R. Bryan Gulley City Manager President Date: Date: Attest: Rebecca Huerta City Secretary APPROVED AS TO FORM: Assistant City Attorney for City Attorney Date: @BCL@FC0527DB Page 3 of 3 AGENDA MEMORANDUM First Reading for the City Council Meeting of September 13, 2016 Second Reading for the City Council Meeting of September 20, 2016 DATE: August 30, 2016 TO: Margie C. Rose, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Transfer of utility easements on City -owned tracts to AEP Texas/Electric Transmission Texas, LLC, for construction of a 138 kilovolt electric power transmission line CAPTION: Ordinance authorizing the City Manager to execute all documents to transfer utility easements on City -owned tracts at Flour Bluff Drive & Division Road and State Highway 358 at McDonald Street to AEP Texas/Electric Transmission Texas, LLC, for construction of a 138 kilovolt electric power transmission line along Flour Bluff Drive between the Barney Davis Substation to Naval Base Substation near Naval Air Station Corpus Christi in exchange for said entities' construction of portions of said transmission line underground for the purpose of reducing potential conflicts with flight operations PURPOSE: Reduce the costs of constructing a 138 kilovolt electric power transmission line from the Barney Davis Substation to Naval Base Substation near Naval Air Station Corpus Christi (NASCC) to persuade the utility companies to underground a part of their proposed transmission line and thereby reduce the potential interference with military flight operations. BACKGROUND AND FINDINGS: Electric Transmission Texas, LLC, is a transmission utility co -owned by subsidiaries of American Electric Power (AEP) and MidAmerican Energy Holdings Company. AEP is also the parent company of AEP Texas Central Company. In February 2014, the City Council authorized the City to be an intervener in the ETT filing with the Public Utility Commission (PUC) of Texas. On May 21, 2015, the PUC granted ETT a Certificate of Convenience and Necessity for Route 11, generally along Flour Bluff Drive, but which included several sections of underground burial of the line to avoid conflicts with operations at NASCC's Waldron and Truax Fields. The PUC included a requirement for ETT to "...exercise best efforts to mitigate the costs of the approved transmission facilities, especially through donations of facility rights-of-way." One way for the City to assist in achieving that requirement of the PUC is to provide necessary easements to City -owned property at low- or no costs to ETT. The City owns two tracts of land where the transmission line is expected to be installed (See Attachments A and B). (1) Tract 34a - Flour Bluff Drive at Division Road — 100 feet wide by less than 400 feet long (2) Tract 53 — State Highway 358 (South Padre Island Drive) at McDonald Street — approximately 25 feet wide by approximately 62 feet long The easements requested by ETT extend to the centerline of roadways, so the City included a provision allowing the City the right to construct, install, repair, relocate and maintain City utilities within the road right of way area included within the Easement Area. ETT hired Thomas F. Dorsey to appraise the properties and estimate the values of the tracts. Below are the estimates. Tract 53 34a Land Size 0.2466 acres or 10,742 sq. ft. 5.320 acres or 231,739.2 sq. ft. Estimated Market Value of Whole Property (land only) $54,000 $313,000 Estimated Market Value of Rights Acquired in the Unencumbered Permanent Easement Approximately 3,920 sq. ft. X 95% X $5.00/sq. ft Rounded to $18,700 Approximately 22,695 sq. ft.) X 95% X $1.35 sq. ft. Rounded to $29.100 Estimated Market Value of Rights Acquired Within the Right -of -Way McDonald Street 0.035 acres $100 Existing Streets 0.034 acres $100 Total Estimated Damage to Remainder $9,300 $13,200 Total Compensation Due Landowner (i.e. City) $28,100 $42,400 According to Article II, Section 14 (d)(3), of the City Charter, the City Council shall act by ordinance on: "...conveyance or authorization of the conveyance of any real property;" TEX. CONST. art. III, § 52(a). The purpose of article III, section 52(a) is to prevent the gratuitous grant of public funds for private purposes. Typically, in most utility situations, the City receives market value for easements. This one is different in that the PUC requested ETT to attempt to have rights-of-way donated in order to off- set the cost of undergrounding some portions of the transmission line. The City will forego $70,500 in potential one-time revenue for use of this easement. In the bigger picture, that cost is a very small cost to the City to ensure approximately one -mile of transmission line is buried underground to protect the flight training operations at Truax and Waldron Fields. ALTERNATIVES: Require ETT to pay the market value of the easement OTHER CONSIDERATIONS: none CONFORMITY TO CITY POLICY: The ordinance conforms to City Policy EMERGENCY / NON -EMERGENCY: This is a non -emergency item. DEPARTMENTAL CLEARANCES: City Manager City Attorney Engineering/Real Estate FINANCIAL IMPACT: Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Years: 2017- 2018 Project to Date Expenditures (CIP only) Current Year Future Year FYs 17-18 TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Comments: None RECOMMENDATION: Staff recommends approval of the granting of an easement at no cost to AEP Texas/ETT for this single purpose of mitigating the cost of undergrounding utilities in order to protect the flight training mission at NASCC at Truax and Waldron Fields. This should not be perceived as a blanket policy change by the City regarding utility easements. LIST OF SUPPORTING DOCUMENTS: 1. Ordinance 2. Dorsey Appraisal Tract 34a 3. Dorsey Appraisal Tract 53 4. Map of Route 11 underground sections Ordinance authorizing the City Manager to execute all documents to transfer utility easements on City -owned tracts at Flour Bluff Drive & Division Road and State Highway 358 at McDonald Street to AEP Texas/Electric Transmission Texas, LLC, for construction of a 138 kilovolt electric power transmission line along Flour Bluff Drive between the Barney Davis Substation to Naval Base Substation near Naval Air Station Corpus Christi in exchange for said entities' construction of portions of said transmission line underground for the purpose of reducing potential conflicts with flight operations. Be it ordained by the City of Corpus Christi, Texas: Section 1. That the City Manager of Corpus Christi or designee is authorized to execute all documents to transfer utility easements on City -owned tracts at Flour Bluff Drive & Division Road and State Highway 358 at McDonald Street to AEP Texas/Electric Transmission Texas, LLC, for construction of a 138 kilovolt electric power transmission line along Flour Bluff Drive between the Barney Davis Substation to Naval Base Substation near Naval Air Station Corpus Christi in exchange for said entities' construction of portions of said transmission line underground for the purpose of reducing potential conflicts with flight operations. 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 day of ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor CITY OF CORPUS CHRISTI Parcel No. 34A ETT039750 (ETT 072A) Barney Davis — Naval Base 138kV Line ROW Construct Double Circuit Capable 138kV Line APPRAISAL OF 5.320 ACRES OF LAND, LOCATED AT THE NORTHWEST CORNER OF FLOUR BLUFF DRIVE AND DIVISION ROAD, IN CORPUS CHRISTI, NUECES COUNTY, TEXAS PREPARED FOR Electric Transmission Texas, LLC c/o AEP Texas Central 539 North Carancahua Corpus Christi, Texas 78478 PREPARED BY THOMAS F. DORSEY Real Estate Appraiser / Consultant P.O. Box 270535 Corpus Christi, Texas 78427 — 0535 EFFECTIVE DATE OF VALUE February 12, 2016 THOMAS E DORSEY, CRE, MAI, SRA REAL ESTATE APPRAISER • CONSULTANT Electric Transmission Texas, LLC c/o AEP Texas Central 539 North Carancahua Corpus Christi, Texas 78478 Project: Barney Davis to Naval Base ROW 138kV Line ETT039750 (ETT 072A) TP2012203 P.V.I.D.# ETT039750 W.O.# 42400006-02 Contract No. 026926770000x103 Line List# 34a Property Owner: City of Corpus Christi Subject Property: 5.320 acres of land (231,739 sf), more or less, lying along the northwest corner of the intersection of Flour Bluff Drive and Division Road. The site is vacant and unimproved land. Property Rights Appraised The property rights appraised are the fee -simple estate excluding mineral interests, if any. Intended Use of the Appraisal The intended use of this appraisal is for negotiations relating to the acquisition of an electric transmission line easement. Intended User of the Appraisal The intended users of the appraisal are the client, Electric Transmission Texas (ETT), the agents and representatives of ETT, the owner of the appraised property and the agents and representatives of the owner. 1 P.O. BOX 270535, CORPUS CHRISTI, TEXAS 78427 • TEL (361) 993-7074 Legal Description Being 5.320 acres out of Lots Four (4) and Five (5), Section 40, Flour Bluff and Encinal Farm and Garden Tracts, Nueces County, Texas, as per map or plat recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, being more particularly described by metes and bounds in Document No. 2015026689, Official Public Records, Nueces County, Texas. Definition of Market Value Market value is the price which the property would bring when it is offered for sale by one who desires, but is not obligated to sell, and is bought by one who is under no necessity of buying it, taking into consideration all of the uses to which it is reasonably adaptable and for which it either is, or in all reasonable probability, will become available within the reasonable future.* Real Estate Assessments The appraised property is located within the political jurisdiction of Corpus Christi, Nueces County, Texas. The Nueces County Appraisal District has not assigned an account number to the property. History and Ownership of the Appraised Property The subject property was acquired by The City of Corpus Christi in July of 2015. The subject was conveyed from Alamo Concrete Products, Ltd. to The City of Corpus Christi, Texas. The Deed is recorded under Clerk's File #2015026689 in the Official Records of Nueces County, Texas. The sale price was confirmed at $275,000. There were no other conveyances found of record involving ownership in the subject property during the three years immediately preceding the date of the above referenced conveyance. * City of Austin v. Cannizzo, Cite as 267 SW 2nd. 808. 2 Sar Patricic Ccunt.• Location Map 0 •Sinton — { I Edroy Taft Street Atlas USA® 2006 Mission Bay aBayside -Ca ay 4,0704, Aransas Cu Fulton Rockport_ em Gr Estes // 1, P McCampheli\ Aransas Pass\ Hunt Portiand_ .ti — t Nueces ,� ..�.* VicI - Barr -r- County I Violet ■ s n fr7' Corpus risti .;` Corpus Christi Corpus Christi Bay Ingleside • _ s �Gardendale Corpus Christi Naval Air Station riscoll . Subject I Padre laiond Bishop Muni Chapman Ranch Caw dgj Yazoo Laguna _ ar, ; Cya Hmcsa .Blazon Bay Ltegurea dedre Padre Island Aransas Pass PortAransah,' Pushing Beach Data use subject to license_ 2005 DeLorme. Street Atlas USA® 2006. ww w_delorme_com MN (3.9° E) _ _ • 0 2 4 6 8 Data Zoom 9-0 10 mi Extraordinary Assumptions An extraordinary assumption is defined as: "An assumption, directly related to a specific assignment, which, if found to be false could alter the appraisers opinions or conclusions. Extraordinary assumptions presume as fact otherwise uncertain information about physical, legal or economic characteristics of the subject property; or about conditions external to the property such as market conditions or trends; or about the integrity of data used in an analysis.** The descriptions of the subject property contained herein are based on off-site observations made of the property and from information gathered from aerial photographs. We were unable to observe the interior of the site as it is covered with dense brush. We reserve the right to amend the appraisal if any of the description of the property are found to be in substantial error. ** Dictionary of Real Estate Appraisal, 5th. Edition, (Chicago: Appraisal Institute, 2010) 3 Description of the Process and Scope of the Appraisal The descriptions of the subject property contained herein are based on observations made of the property conducted on February 12, 2016. An examination of topographic maps and aerial photographs of the property was also made. The appraisal process included an investigation of property transfers in the area of the appraised property. The appraisers have interviewed buyers, sellers and real estate brokers active in the area. The sales gathered by the appraisers were inspected, analyzed and compared to the subject property. The general economy, as well as the specifics of the subject neighborhood have been investigated. The appraisers have familiarity with the subject's neighborhood, having appraised several similar properties over the years. For the purposes of this report, the value of the property has been estimated by direct sales comparison. The appraisal is based on the extraordinary assumptions previously discussed. The appraisal does not consider the value of mineral interests, if any. The leased fee and leasehold interest, if any, have not been considered in this analysis. Environmental Issues The appraisers cannot be held responsible for the lack of detection or identification of environmental problems. No environmental concerns were observed by the appraisers during off-site observations of the property. No environmental impact studies were either requested or made in conjunction with the appraisal report. The appraisers, thereby, reserve the right to revise or rescind any of the value opinions subsequent environmental impact studies, investigation. The subject property has been though free of contamination. 4 alter, amend, based on any research or appraised as Assumptions and Limiting Conditions This appraisal is subject to the following Assumptions and Limiting Conditions: 1. The legal description of the subject property furnished to the appraisers is assumed to be correct. The Appraisers assume the title to the interest appraised to be good and marketable. No responsibility is assumed for matters legal in character, nor is any opinion rendered as to title. 2. The estimate of value assumes the property to be free of encumbrances and the property is analyzed as being under responsible ownership and competent management. Typical financing as may customarily be secured by the purchaser of the type of property under appraisal has been considered. 3. All photographs, building diagrams/sketch in this report are for illustrative purposes only and are included to aid the reader in visualizing the property. No guarantee as to accuracy of such items is expressed or implied. 4. All maps of the subject property, and comparables, are presented for descriptive purposes only and are not to be held as a substitute for a survey or site plan prepared by an engineer or surveyor. This is particularly true as to the statements regarding the 100 -year flood plan and the location and availability of utilities, which require engineering review regarding specific location and capacity. The boundaries of the land and the dimensions and size thereof as indicated to the appraisers are assumed to be true and correct. No provisions have been made for a special survey of the property. Valuation is reported without regard to question of encroachments. 5. Information, estimates and opinions furnished to the Appraisers by others, upon which their conclusions are based, are believed to be reliable and believed to be true and correct. However, no warranty is given for their accuracy. Conclusions based on misinformation can invalidate such conclusions, and in such cases, the Appraisers reserve the right to amend their conclusions. The Appraisers assume that the value of the improvements, if any, on the subject property, is not impacted by requirements of the Americans with Disabilities Act. 6. The Appraisers are not qualified to detect hazardous waste and/or toxic materials. The Appraisers assume that there are no hidden or unapparent soil conditions, environmental conditions or hazardous wastes, including the subsoil or structures, that would render the property more or less valuable. 5 Such determination would require an investigation by a qualified expert in the field of environmental assessment. The Appraisers' value estimate is predicated on the assumption that there is no such condition on or in the property or in such proximity thereto that it would cause a loss in value unless otherwise stated in this report. No responsibility is assumed for any environmental conditions, or for any expertise or engineering knowledge required to discover them. The Appraisers' descriptions and resulting comments are the result of the routine observations made during the appraisal process. The client is urged to retain an expert in the field, if desired. 7. Disclosure of the contents of this report is governed by the by-laws and regulations of the Appraisal Institute. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the Appraisers or the firm with which they are connected, or any reference to the Appraisal Institute of to the appraisal designations) shall be disseminated to the public through advertising media, public relations media, news media, sales media or other public means of communication without the prior consent and approval of the author(s). 8. Possession of this report, or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the party to whom it is addressed without the written consent of the Appraisers, and in any event, only with proper written qualification and only in its entirety. 9. The distribution, if any, of the total valuation in this report between land and improvements applies only under the stated program of utilization. The separate allocations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. 10. The Appraisers are not required to give testimony or to appear in court because of having made the appraisal with reference to the property in question, unless arrangements have been made previously. 11. Acceptance of and/or use of this report constitutes acceptance of the foregoing Assumptions and Limiting Conditions. The Appraisers' duties, pursuant to the employment to make the appraisal, are complete upon delivery and acceptance of the appraisal report. However, any corrections or errors should be called to the attention of the Appraisers within 60 days of delivery. 6 Exposure Time: Exposure time is the estimated length of time that the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal. Based on our review of various sales occurring in the South Texas area, and based on discussions with informed, ranch brokers and other active market participants, it is the appraisers' opinion that the exposure time for the subject property would be between 6 months to 12 months. Marketing Time: Reasonable marketing time is an estimate of the amount of time it might take to sell a property interest in real estate at the estimated market value level during the period immediately after the effective date of the appraisal. The estimate of the time period required for reasonable marketing is not intended to be a prediction of a date of sale. The estimate of market time includes related information garnered from market sources, such as the identification of typical buyers and sellers for the type of real estate involved, typical equity investment levels and/or financing terms. It is reported by area real estate brokers that demand for tracts of land, such as the subject, has been good for the past 6 months to one year. The perceived trend of land values in the subject's market has been positive, and the market appears to be good. The general economic condition of the subject's neighborhood is consistent with the economic conditions that exist within the entire South Texas area. With these factors in mind, and based on our review of information available on the various comparable sales presented herein, and based on discussions with informed, real estate brokers and other active market participants, it is the appraisers' opinion that a reasonably appropriate marketing time for the subject property would be 6 to 12 months. 7 Description of the Subiect Property Observations of the subject property were made by the appraisers on February 12, 2016. The appraisers are familiar with the subject's neighborhood, having appraised several properties within the area over the past several years. Site Size: The subject site contains a total of 5.320 acres (231,739 sf) of land. (Refer to the "Extraordinary Assumptions" on Page 3 that apply to this appraisal.) Location: The subject property's address is 2010 Flour Bluff Drive. The property lies at the northwest corner of Flour Bluff Drive and Division Road, in the Flour Bluff area of the city. Division Road "dead -ends" near the southwest corner of the site. Shape: The subject site is irregular in shape. The site fronts along the west side of Flour Bluff Drive and the north side of Division Road, making it a corner location. Access/Road Frontages: The appraised property fronts 367.90' along the west side of Flour Bluff Drive. The site also fronts 744.82' along Division Road, which "dead ends" near the southwest corner of the site. There is also a private road (ownership not determined) that lies along the north- west boundary of the tract. Topography: Observations of the site show it to be covered with a dense stand of native brush. The site is fenced along its north boundary. For the purposes of this report, we assume that there are no unseen hazards or adverse environmental conditions that would adversely affect the value of the property. The site has no curbs, gutters or sidewalks along its Flour Bluff Drive or Division Road frontages. Flood Zone: F.E.M.A. flood insurance maps for this area of Nueces County, indicate that the subject site lies entirely within Flood Zone C. Flood Zone C is defined as an area of minimal flooding. The site is shown in Flood Map Panel No. 485464 0316D, revised July 18, 1985. (The appraisers are not surveyors, therefore, no guarantees, expressed or implied, are made regarding this determination.) Navy Land Use Zones: The property does not lie within any restrictive land use zones that the U.S. Navy places on properties located near their air fields. 8 Utilities\Zoning: According to the City of Corpus Christi, Texas, the only city utility available is water. The property is zoned "IL" Light -Industrial District. The building "set back" requirement is 25.' Building Improvements: None. Site Improvements: Site covered with brush and native grass. There is fencing along it's north boundary. Easements: There is a high-pressure gas line (nitrogen) along its Flour Bluff frontage. Standard utility easements. (See "Extraordinary Assumptions" on Page 3.) 9 DLORME Street Atlas USA@ 2006 Subject Property Data use subject to license. 2D05 DeLorme. Street Atlas USA® 2006. www.delormacom MN (3.8° E) • • 0 180 360 540 720 900 Data Zoom 15-0 ft AERIAL PHOTOGRAPH Highest and Best Use: Definition: According to The Dictionary of Real Estate Appraisal, 5th. Edition (2010), published by the Appraisal Institute, Highest and best use is "the reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, financially feasible, and which results in the highest value." Legal Limitations of Use: The subject property is located within the city limits of Corpus Christi, Texas. The local address of the property is 2010 Flour Bluff Drive. The only city utility available to the site is water. The property is zoned "IL" Light Industrial District. Land Usage: The subject property is a vacant and unimproved tract of land. The neighborhood development is comprised of a mixture of vacant land, residential development, and scattered commercial and light -industrial uses. Legally Permissible: The subject is zoned for light industrial use. It is in a developing area of "Flour Bluff" in northeast Corpus Christi, Texas. There are no known environmental regulations, historic controls or building/ zoning codes that adversely affect the use of the property. Legally, the most probable future use of the property is for some type of light -industrial facility. Physically Possible: The subject property contains 5.320 acres of land, more or less, and is of sufficient size for several uses. Financially Feasible/Maximally Productive: The third and fourth criteria are those uses that are financially feasible and maximally productive. The location and zoning of the subject property make it suitable for residential and multi- family use. Conclusion: Based on a study of physical limitations of use, feasible uses, maximally and the investment motivation, the assigned use of the subject property, as of the date for use as a light -industrial facility. 10 features, legal productive uses, highest and best of appraisal, is Sales Comparison Approach The Sales Comparison Approach is used to value the subject property. The Sales Comparison Approach is based upon the principle of substitution which holds that a prudent man will not pay more for a property than it would cost him to buy an equally desirable substitute property. The market value of the subject property is estimated by the Sales Comparison Approach, whereby sales with similar attributes were researched in the subject neighborhood. Write-up of the sales most comparable to the subject are found on the following pages, followed by a map showing their relative locations. 11 COMPARABLE LAND SALE #1 County: Nueces Date: December 4, 2015 Size: 12.55 acres Records: Doc: 2015048239 Grantors: Cloudcroft Land Ventures, Inc. Grantee: Tenants in Common: David P. Fillmore Undiv. 37.135% Reelman LLC Undiv. 4.690% Bayria LLC Undiv. 17.140% Boatex Properties I, LLC Undiv. 41.040% Legal Description: 12.55 acres, more or less, being comprised of: Tract I: 10.293 acres of land out of Lots 13 and 14, Section 55, Flour Bluff and Encinal Farm and Garden Tracts; and, Tract II: 2.257 acres of land out of Lot 14, Section 55, Flour Bluff and Encinal Farm and Garden Tracts, Nueces County, Texas. Location: The site "wraps" the southeast corner of Waldron Road and Graham Road, in the Flour Bluff area of Corpus Christi, Nueces County, Texas. Access: The site fronts 927.29' along the south side of Graham Road and has 50' (access lane) along the east side of Waldron Road. The site does not include the "hard" corner at the intersection of the two streets. Total Consideration: Land Only: $760,000.00 Unit Sales Price: Land Only: $1.25/square foot. Mortgage/Condition of sale: Cash to seller. Zoning/Utilities: Zoned "CG -1" General Commercial District. The site does not lie within an APZ. All city utilities available nearby. Topography/Physical: A level, irregular-shaped tract of vacant land. Tract reportedly contains several pipeline easements and an electric transmission line easement. Structural Improvements: None. Comments: Site remains vacant. Purchased for the future expansion of self -storage facility located across Graham Road. 12 COMPARABLE LAND SALE #2 County: Nueces Date: May 19, 2014 Size: 0.92 acres 39,900 sq. feet Grantor: John M. Vann Grantee: Richard R. Lane Records: File: 2014019061 Legal Description: 0.92 acres (39,900 sq. ft.), more or less, being out of Lot 1, Block 1, Billie Vann Subdivision, Corpus Christi, Nueces County, Texas. Location: West side of Flour Bluff Drive at the corner of the intersection of Division Road. Access: 210' frontage on Flour Bluff Drive X 190' frontage along Division Road. Total Consideration: Land Only: $60,000.00 Unit Sales Price: Land Only: $1.50/square foot. Mortgage/Condition of sale: Cash to seller. Zoning/Utilities: Zoned RM -1, Multi -Family. The site does not lie within an APZ. City water only. Topography/Physical: A level, almost square-shaped tract of vacant land. Curbs, gutters and sidewalks along Flour Bluff Drive. Structural Improvements: None. Comments: 13 COMPARABLE LAND SALE #3 County: Nueces Size: 5.230 acres Grantor: Alamo Concrete Products Grantee: City of Corpus Christi Date: July 7, 2015 Records': File: 2015026689 Legal Description: 5.230 acres, more or less, out of Lots Four (4) and Five (5), Section 40, Flour Bluff and Encinal Farm and Garden Tracts, Nueces County, Texas, as per map or plat recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas. Location: 2010 Flour Bluff Drive. Located at the northwest corner of the intersection of Flour Bluff Drive and Division Road, in Corpus Christi, Nueces County, Texas. Access: 367.90' frontage on Flour Bluff Drive and 744.82' frontage on Division Road. Total Consideration: Land Only: $275,000.00 Unit Sales Price: Land Only: $1.21/square foot. Mortgage/Condition of sale: Cash to seller. Zoning/Utilities: "IL" Light -Industrial District. The building "set back" requirement is 25.' City water only. Topography/Physical: The site is covered with native brush. The site is fenced along its north boundary. It is assumed that there are no hazardous materials or other adverse conditions on the tract. No curbs, gutters or sidewalks along its Flour Bluff Drive or Division Road frontages. A level, almost square-shaped tract of vacant land. Curbs, gutters and sidewalks along Flour Bluff Drive. Structural Improvements: None. Comments: This is the sale of the Subject Property. 14 BARNEY DAVIS to NAVAL BASE SALES PRICE CONDITIONS OF SALE DATE Adjusted Sales Price SIZE LOCATION FRONTAGE/ ACCESS TOPOGRAPHY/ PHYSICAL CHAR. ZONING AND UTILITIES INDICATED VALUE City of Corpus Christi Tract No. 34a Cash Equiv. 2/12/2018 5.320 Acres Northwest comer Flour Bluff Drive and Division Road Good frontage on Flour Bluff Drive, and along Division Road Irregular Triangle in Shape Outside of APZ Zoned Ught-lndusrrial Water Only 1) Cloudcroh to Fillmore, et al. 51.25/81 Cash 12/2015 12.55 Acres 'Wraps' the Comer Of Waldron Road and Graham Road 927' on Graham Rood 50' Access Lane to Waldron Road No Comer Irregular Shape Outside of AP2 Zoned 'CG -1' Commercial District All Utilities 51.31/51 _ = 51.25/st +5 +10 =1= _/_ =/-10 2) Vann to Lane 51.50/e.l. Cash 5/2014 0.92 Acres West Side of Flour Bluff Drive West Side of Flour Bluff Drive No Corner Rectangular Shape Outside APZ Zoned .1114-1. Multi -Family Water Only 51.35/11 = = 51.50/sf -10 = = / +10 -10/= = / = SALE OF SUBJECT Alamo Concrete to City of Corpus Christi 51.21/SF Cash Seller 'Duress' 7/2015 5.320 Acres Northwest Come Flour Bluff Drive Division Road Good Frontage on Flour Bluff Drive and Division Road Irregular Shope Outside APZ Zoned 1L' Light Industrial 5133/x1 +10 = 51.33/sf = _ _/_ _/_ _1_ Street Atlas USA@ 2006 Comparable Sales Map PADREISLAND OR Oso Bm'• 1111...1 MIl Subject 64, Data use subject to license. 0 2005 DeLorme- Street Atlas USA® 2006. www.delorme-com MN (3-8° E) ft 0 600 1200 1800 2400 3000 Data Zoom 13-4 Value Conclusion of the Whole Property Because of the lack of more sales, the range of adjusted values for the subject property falls within a relatively wide range. After adjustments, the indicated market value of the subject property indicated by the three comparable sales are: Sale No. 1 Sale No. 2 Sale No. 3 $1.31/square foot $1.35/square foot $1.33/square foot Accordingly, giving credence on the indications of all three sales, market value of the subject property, surface estate only, is concluded to be $1.35 per square foot. Multiplying this total by the acreage contained in the subject property indicates a total market value, as of February 12, 2016, of 5.320 acres (231,739 sf) X $1.35/per square foot) is $312,847 which is rounded to: THREE HUNDRED THIRTEEN THOUSAND DOLLARS ($313,000.00) APPRAISER NOTE: This appraisal is subject to the "Extraordinary Assumptions" found on Page 3. 16 ANALYSIS OF THE PROPOSED EASEMENT CDS mur j ENGINEERS * SURVEYORS ELECTRIC TRANSMISSION TEXAS CITY OF CORPUS CHRISTI NUECI S COUNTY, TEXAS 0,861 OF AN ACRE TRANSMISSION LINE EASEMENT EXHIBIT "A" BEING a 0.861 of an acre tract of land lying in the Ramon de Ynojosn Sin vey, Abstract 411, Nueces County, Texas, same being a portion Lot 5, Section 40 of the Flour Bluff and Entinal Farrn and Garden Tracts as described and recorded in volume A, pages 41-43, Map Records of Nueces County, Texas, same being a portion of a 5.320 acre tract of land as described and recorded in docrtrmient 215026689, Official Public Records of Nuts County, Texas, same also being described by a drawing (Tract 34A City of Corpus Christi,dwg dated February 26, 2016) attached to and made part hereof and more particularly described as follows: BEGINiNINiG at a 5(8" iron rod found at the intersection of the proposed northwest right-of-way line of Flour Bluff Drive (80 feet wide right -of way) and the centerline of Division Road (50 feet wide right-of-way), in. the southwest lino of the aforementioned Lot 5, Section 40, the northeast line of Lot 6, Section 40 of the aforementioned Flour Bluff' and Fncinal Farm and Carden Tracts and the southwest line of the aforementioned 5.320 acre tract; THENCE leaving the proposed northwest right-of-way line if the aforementioned Flour Bluff Drive, along the centerline of the aforementioned Division Road, the southwest line of the aforementioned Lot 5, Section 40, the. northeast line of Lot 6, Section 40 and the southwest line of the aforementioned 5.320 acre tract, N61°27' 5"W a distance of 61,51 feet (Record — N61 °27'50"W) to a point for the west corner of the herein described 0.861 cif an acre tract; THENCE leaving the centerline of the aforementioned Division Road, the southwest line of the aforementioned Trak 5, Section 40, the northeast line of the aforementioned Lot 6, Section 40 and the southwest line of ti e aforementioned 5.320 acre tract, N27'49'51"E, passing a 112." iron, rod set with plastic cap stamped "CDS/ML'LRY S.A. TX." in the northeast right-of-way line of said Division Road at a distance of 25.00 feet, from which a 112" iron rod set with plastic cap stamped "CDS/MISERY S.A. TX," in the south curvilinear line of a 4.1 19 acre tract of land described as "Tract II" and recorded in document 2003058888, Official Public, Records of Nueces County, Texas, bears N611)2755"W a distance of 744.82 feet, a total distance of 389.12. feet to a 1/2" iron rod set with plastic cap stamped "CDSIMVERY 5.A, TX." in a ilortheast line of said 5.320 acre tract for the north comer of the herein described 0.861 of an acre tract; fi-rsin Well 518" iron rod found with plastic cap stamped "City of C.C. TX" in the south curvilinear line of said 4.119 acre tract for the north corner of said 5.320 acre tract bears N43°48'114"'W a distance of 200.42 feet (Record— N43'47'43"W); THENCE along a northeast line of the aforementioned 5.320 acre tract, 543°48"04"E a distance of 69.87 feet (Record — S43M7'43"F.) to a 5/S" iron rod found with plastic cap stamped "City of C.C. TX" in the proposed northwest right-of-way Line of the aforementioned Flour Bltiff Drive .for an interior angle corner of the herein described 0.861 of an acre tract; THENCE ;leaving the proposed northwest right-of-way line of the aforementioned Flour BIuff Drive, along a Itnrtheast lino of tho afbrcuientioned 5.320 acre tract, S61°25"39"F a distance orf 33.69 feet (Record — 463 °27'50' E) to a point for the east corner of the herein described 01.861 of an acre tract; Page l of Traci 34A City 31 -Corpus Christi.decx February 26, 20 1 3411 Magic Drire • San Antonio, Texas 78229 • Phone: (211» 581-1 1 1 1 • Fax: (210) 5811-5555 • TBPE Na. F -I 733 • TBPLS No. 100495-00 17 ELECTRIC TRANSMISSION TEXAS CITY OF CORPUS CHRISTI NUECES COUNTY, TEXAS 0.861 OF AN ACRE TRANSMISSION LINE EASEMENT THENCE S2749'51 "'V a distance of 367 90 feet to a paint in the projected centerline cif the aforementioned Division Road, the southwest line of the aforementioned Let 5, Section 44, the northeast lire of the aforementioned Lot 6, Section 40 and the southwest line cif the aforementioned 5320 acre tract for the south corner of the herein described 0,861 of an acre tract, THENCE along the projected centerline of the aforementioned Division Road; the southwest line of the aforementioned Lot 5, Section 40, the northeast line elite aforementioned Lot 6, Section 40 and the southwest line of the aforementioned 5.320 acre tract, N6I°27'55"W a distance of 38,20 feet (Record -- N61°21'50'""W) :o the PLACE OF I3EGINIIi1NG arid c.o1 twining 0.861 of an acre of land, of which 0.304 of an acre hes v.ithin the proposed right-of-way limits of the aforementioned Flour Bluff Drive and which 0.036 of art acre lies within the right -of --way limits of said Division Road, The bearing basis for this survey is Orid Nurlh, "Texas State Plane Coordinate System, N ,D1983 (2011). South Zone. TJ1E STATE OF TEXAS KNOWN TO ALL MEN BY THESE PRESENTS: COUNTY OF BFXAR I, C. Gordon Clark, 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 tinder my direction and supervision in Jane 2015 thru February 2014. Date'" day of ,;/' 2016 A.D. Paw 2 of 4 Tract 34A City of Corpus Christi_clarx February 26, 2'016 �,..�+�t:�:�-•tet C. Gordon Clark Registered Professional Land Surveyor No 3999 - State of Texas 3411 Magic Drive ■ San Antonio, Texas 78229 ■ Phone: (210) 581-1 1 1 1 *'Fax: 0210) 581.5555 • TBPE No. F-1 733 ■ TBPLS No. 100495-04 18 UNE BEARING SII WJCE L1 N61'27'55"W 51.81' (PECORU-N6I2722, C'W L2 N61'27'551'0 744.82' L3 N43'48'C4"W 204,42' (ITE CPU --43.47'43 L4 543'45'44"E 59-d7' (7E'G'C3IP0-54.3"414t" L5 S61'25'3S"E 33.69' (RECt74C Ser27'56" ,) L6 N61'27'55"W 35.10' (RECORD -AT RAMON DE 1711O.fO$.4 .SURE'2'Y, ABSTRACT 111 4IDDI° c9. REMAINING POR'T'ION DE 7.4D0 ACRES DOC, 2005L50t35E Pg. 3 of 4 LEGAL 7ESC_ TRACT 34A CITY OF CORPUS C 1RSi1-dacx CDS JOB NO, 115E40.01 GEARING IASIS: GRID NORTH COORDINATE SYSTEM: TEXAS STATE PLANE, RAA19O3 12D1I), SOUTH ZONE ALL DISTANCES SHOWN ARE SURFACE, (GRID X 1.00004 - SURFACE) THIS EXHIBIT REPRESENTS A BOUNDARY SURVEY ONLY. NO VISIBLE EASEMENTS DR EASEMENTS OF RECORD ARE DEPICTED HEREON. 4' 5.320 ACRES DOC. 201502668S 0.F.R.N.C. 5/8` IRON ROD FOUND WITH PLASTIC CAP STAMPED 'CITY aF CO. Tx - SECTION 40 FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS VOL. A, PG. 41-43 M. P.N.C. 4/6" IRON RDD FOUND POB N: 17, • 30,467.66 E: 1.370,527.44 SECTION 49 FLOUR BLUFF AND ENC/NAL FARM AND GARDEN TRACTS VOL. A, PC, 41-43 M. R. N. C. a LEREINID r. — 1/2", IROIti ROD SET WITH PLASTIC CAP STAMPED 'CDS/MUERY S.A. TX." ▪ — [MAD h DNUMENTATION ▪ - UNMONUMFNTEC POINT POD - PLACE OF BEGINNING V. - PROPERTY LINES R.O.W. - RIGHT -Dr -WAY 4•P,R,N,C- - OFFICu1L I'D MAC REcoRm OF NIJECM COUNTY h1.RAL. - MAP RECCROS OF NUECES COUNTY t ' 9 - RECORD CALL TAKEN rROII DOCUMENT 24151266$9. I].P.R.M.C. 200P 100' 0 200' 4'10 CDS muerY ENGINEERS SURVEYORS 111,04.4 mM FYI x•mRv9 IT-M,!:I' • s. 7 I.,a,/,ii F:0l4'Ie1 •5165 :.IS» • ks Y1 ..imHksdry _ .. £= -- - ""- DRAWN EY: J. KENNEDY 0.861 OF AN ACRE TRANSMISSION LINE EASEMENT ELECTRIC TRANSMISSION TEXAS RAMON DE YNOJOSA SURVEY, ABSTRACT 411 NIECES COUNTY, TEXAS DATE: FEBRUARY 26, 2016 DRAWING NAME: TRACT 34A CITY OF CORPUS CHRISTI.dwg ETrik Electric Trans,nFSsion Texas 19 / / / / k TRACT 3CITY OF CCORPUSACHRISTI / / / // / 4.l/ b # / 4, 4. 4r/ / kr 451 1 f,/0 47 / /e / / 4 / • / / "%NI 4 Pg. 4 or 4 NOTE. ALL DISTANCES SHOWN HEREON ARE BASSO ON LIDAR FLIGHT DATA, 0 140 WON D'YNWCSA SURVEY, ABSTRACT 411 28 72' CROSS— 1 CT!O $— [ NOT TO SCALE CDSmuerY ENGINEERS • SURVEYORS 11h]IC[YYY 4111...1.01,1E. Se+hS i • 0 nlii SSIIIu F11[1161-lfes .1/.1,01-1,1r • 1S"W I0 0411-0 CRAM BY: M. CAMACHO oar! FEBRUARY 26, 2016 OMININIC NAI,1E TRACT 34A_Obstr+lction.dWg ETT#" Elactric Transmission Texas 20 AERIAL PHOTOGRAPH Estimate of Compensation Due the Owner Description of the Part Taken Electric Transmission Texas ("ETT") is constructing a new single -circuit 138kV transmission line from ETT's existing Barney Davis Substation to AEP Texas Central Company's existing Naval Base Substation pursuant to the terms of a final order of the Public Utility Commission of Texas ("PUCT") dated May 28, 2015. In that final order, the PUCT determined that this new transmission line was necessary to improve the reliability of the electric transmission network in the Flour Bluff and surrounding areas and reduce the possibility of loss of electric load. The PUCT's final order also established the route of the new transmission line. The easement described in this appraisal report is part of that PUCT-approved transmission line route. Valuation of the 0.861 acre Part Taken The proposed easement contains a total of 0.861 of an acre, of which 0.304 acres lies within the right of way of Flour Bluff Drive and 0.036 acres lies within the right of way of Division Street. The total area of the easement lying on the subject property is a total of (0.861 ac - 0.340 ac.) 0.521 acres. Flour Bluff Drive is a major city street in this area of the city and has been in place for many years. The landowners' interest in this portion of the easement has only a nominal value. Therefore, we have assigned a lump -sum value of $100 as the landowners' interest in the 0.340 -acre portion of the proposed easement lying within the street rights of way of Flour Bluff Drive and Division Road. Valuation of the Part Taken The unencumbered portion of the easement contains 0.521 acres, more or less. This portion of the easement has a highest and best use as part of the 5.320 -acre "parent" property. In the previous section of this report, the market land value of the "parent" property was estimated to be $1.35 per square foot. The value of the unencumbered portion of the proposed easement is based on 95% of the value of a pro rata part of the subject property, which is calculated as: $1.35/sf X 95% X 0.521 acres (22,695 sf), or $29,100(R) 21 Damages to the Remainder It is our opinion that the acquisition of the proposed electric transmission line easement will cause damage to the remainder of the subject property. A "matched pairs" study of various property sales in South Texas was prepared by the appraisers. The analyses reflect a range of damages due to the presence of transmission line easements. In order to estimate damages caused by the acquisition of a permanent easement, the most important factor to be considered is its location on the subject site. Building Set Back Line (Minimum Yard Requirement): The location of the proposed easement along, and abutting, Flour Bluff Drive does not appear to seriously impact on the market value of the remainder property. Utility easements and electric transmission easements are common. The aerial photos of the subject site, along with inspections of the property made from Flour Bluff Drive, indicate that the proposed easement will lie partially within designated "set -back" required by the City of Corpus Christi under its zoning ordinance. The Zoning Ordinance states that the required "set -back" for properties with "IL, Light -Industrial District zoning is 25.' The average width of the easement proposed by ETT is about 62', so more than 40% of the proposed easement will lie within the minimum set -back required by the city. As is illustrated by the adjoining light -industrial property, developers typically use the front portion of the site along Flour Bluff Drive for drives, parking areas and "green" landscaped areas. This is common practice for commercial and industrial developments in the city. Paired Sales: Over several years of practice the appraisers have "paired" various sales in an attempt to measure the impact of electrical and pipeline easements on various types of properties. Some of the sales investigated had pipeline and/or transmission line easements, while others had none. The pairs analyzed reflect damage to the remainder ranging from 0% to about 6% - 8%. The larger damage amounts were found when the paired property with a transmission line had no prior existing easements. 22 Accordingly, giving weight and credence to the above, it is concluded that the acquisition of an electrical transmission line easement along the subject property's frontage along Flour Bluff Drive will cause damage to its remainder of approximately 5%. Calculation of the Remainder: 5.320 ac - 0.861 ac. = 4.459 acres. Calculation of Damages to the Remainder: 4.459 ac. (194,234 sf) X $1.35/square foot X 5% = $ 13,200(R) 23 Summary of Compensation - City of Corpus Christi Parcel No. 34a I. Estimated Market Value of the Whole Property (Land Only): (5.320 acres X $1.35/sf) = $ 313,000 II. Estimated Market Value of Rights Acquired in the Permanent Easement: (0.521 acres X $1.35/sf) = $ 29,100 III. Estimated Market Value of Rights Acquired within Existing Street Rights -of -Way: (0.340 acres) = $ 100 IV. Total Estimated Damages to Remainder: = $ 13,200 V. Total Compensation Due Landowner: $ 42,400 24 Value of the Remainder Before the Taking: 5.320 ac - 0.861 ac. (easement) = 4.459 acres 4.459 ac. X $1.35/square foot = $262,216 Value of the Remainder After the Taking: 4.459 ac. X $1.35/square foot Less: Damages to Remainder Compensation Due The Owner: Res tfully submitted, Thomas orsey, CRE, I, SRA "'Tno as F. Dorsey, J State Certified General State Certified General Real Estate Appraiser Real Estate Appraiser $262,216 -$ 13,200 $249,016 $ 42,400 25 APPRAISER CERTIFICATION The undersigned hereby certifies that, to the best of our knowledge and belief: The statements of fact contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are our personal, impartial, and unbiased professional analyses, opinions, and conclusions. We have no present or prospective interest in the property that is the subject of this report, and we have no personal interest with respect to the parties involved. We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. We have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. Our engagement in this assignment was not contingent upon developing or reporting predetermined results. Our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics & Standards of Professional Appraisal Practice of the Appraisal Institute, which include the Uniform Standards of Professional Appraisal Practice. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. As of the date of this report, Thomas F. Dorsey, MAI, has completed the requirements under the continuing education program of the Appraisal Institute. Thomas F. Dorsey has made an off-site inspection of the real property that is the subject of this report. No one provided significant real property appraisal assistance to the persons signing this certification. The appraisal was prepared in conformance with the rules and regulations of the Texas Appraiser Licensing and Certification Board. Thomas F. Dorsey, CRE, MA [ RA Thomas F. Dorsey Jr. Date: March 8, 2016 Date: March 8, 2016 25 Subject — Photos Tract No. 34a City of Corpus Christi View of the Subject Property, looking to the West from Flour Bluff Drive. in esi (miler UM limes WiltNaCHIA NIP fin/ MOMf View of the Area of the Proposed Easement, looking North along Flour Bluff Drive. CITY OF CORPUS CHRISTI Parcel No. 53 ETT039750 (ETT 072A) Barney Davis — Naval Base 138kV Line ROW Construct Double Circuit Capable 138kV Line APPRAISAL OF 0.2466 ACRES OF LAND, LOCATED ALONG THE NORTH SIDE OF SOUTH PADRE ISLAND DRIVE, IN CORPUS CHRISTI, NUECES COUNTY, TEXAS PREPARED FOR Electric Transmission Texas, LLC c/o AEP Texas Central 539 North Carancahua Corpus Christi, Texas 78478 PREPARED BY THOMAS F. DORSEY Real Estate Appraiser / Consultant P.O. Box 270535 Corpus Christi, Texas 78427 — 0535 EFFECTIVE DATE OF VALUE February 12, 2016 THOMAS E DORSEY, cri, MAI, SRA REAL ESTATE APPRAISER • CONSULTANT Electric Transmission Texas, LLC c/o AEP Texas Central 539 North Carancahua Corpus Christi, Texas 78478 Project: Barney Davis to Naval Base ROW 138kV Line ETT039750 (ETT 072A) TP2012203 P.V.I.D.# ETT039750 W.O.# 42400006-02 Contract No. 026926770000x103 Line List# 53 Property Owner: City of Corpus Christi Subject Property: 0.2466 acres of land, (10,742 square feet) more or less, located along the north side of South Padre Island Drive, in Corpus Christi, Nueces County, Texas. Property Rights Appraised The property rights appraised are the fee -simple estate excluding mineral interests, if any. Intended Use of the Appraisal The intended use of this appraisal is for negotiations relating to the acquisition of an electric transmission line easement. Intended User of the Appraisal The intended users of the appraisal are the client, Electric Transmission Texas (ETT), the agents and representatives of ETT, the owner of the appraised property and the agents and representatives of the owner. 1 P.O. BOX 270535, CORPUS CHRISTI, TEXAS 78427 • TEL (361) 993-7074 Legal Description Tract 1: The West Sixty -Five (65) feet of Lots Twenty -Three (23), Twenty -Four (24), Twenty -Five (25), Block Twelve (12), Flour Bluff Park, Nueces County, Texas, and described in that certain Warranty Deed dated 6/1/1964 from Nueces County Water Control and Improvement District #2 to the City of Corpus Christi, as recorded in Volume 1378, Page 60, Deed Records of Nueces County, Texas. The records of the appraisal district show the tract to contain 0.2466 acres (10,742 square feet). Definition of Market Value Market value is the price which the property would bring when it is offered for sale by one who desires, but is not obligated to sell, and is bought by one who is under no necessity of buying it, taking into consideration all of the uses to which it is reasonably adaptable and for which it either is, or in all reasonable probability, will become available within the reasonable future.* Real Estate Assessments The Nueces County Appraisal District's identification number for the property is 235276. Account No. 235726 Acreage 0.2466 acres Assessment $ 32,229 Improvements -0- History and Ownership of the Appraised Property The subject property has been under the continuous ownership of the City of Corpus Christi since June of 1964. There were no conveyances found of record involving ownership in the subject property since this date. The property is not listed for sale. * City of Austin v. Cannizzo, Cite as 267 SW 2nd. 808. 2 DELORME Street Atlas USA 2006 � J Nukes Bay Location Map ti Corpus Christi rtland CL ::ean OrpLIS 44 Christi In ihy Field Corpus Christi Bax.. Corpus Ch-isti Naval Air Station Cabaniss F risti NASfiruax Field • Ingleside Oso C Chapman Ranch Data use subject to license_ 2005 DeLorme. Street Atlas USA® 2006. ww w_delorme_com Laguna Largo 0 1 2 3 4 Data Zoom 10-2 5 mi Extraordinary Assumptions An extraordinary assumption is defined as: "An assumption, directly related to a specific assignment, which, if found to be false could alter the appraisers opinions or conclusions. Extraordinary assumptions presume as fact otherwise uncertain information about physical, legal or economic characteristics of the subject property; or about conditions external to the property such as market conditions or trends; or about the integrity of data used in an analysis.** Observations were made of the subject property by the undersigned on February 12, 2016. The descriptions of the subject property contained herein are based on observations of the property made on this and several other dates. The size of the site used herein was taken from the records of the Nueces County Appraisal District. We have made the Extraordinary Assumptions that the descriptions of the property contained herein are reasonably correct. We reserve the right to amend the appraisal if any of the descriptions of the property used herein are found to be in substantial error. ** Dictionary of Real Estate Appraisal, 5th. Edition, (Chicago: Appraisal Institute, 2010) 3 Description of the Process and Scope of the Appraisal The descriptions of the subject property contained herein are based on observations made of the property during the off- site observation conducted on February 12, 2016. Examinations of topographic maps and aerial photographs of the property were also made. The appraisal process included an investigation of property transfers in the area of the appraised property. The appraisers have interviewed buyers, sellers and real estate brokers active in the area. The sales gathered by the appraisers were inspected, analyzed and compared to the subject property. The general economy, as well as the specifics of the subject neighborhood have been investigated. The appraisers have familiarity with the subject's neighborhood, having appraised several similar properties over the years. For the purposes of this report, the value of the property has been estimated by direct sales comparison. The appraisal is based on the extraordinary assumptions previously discussed. The appraisal does not consider the value of mineral interests, if any. The leased fee and leasehold interest, if any, have not been considered in this analysis. Environmental Issues The appraisers cannot be held responsible for the lack of detection or identification of environmental problems. No environmental concerns were observed by the appraisers during observations of the property. No environmental impact studies were either requested or made in conjunction with the appraisal report. The appraisers, thereby, reserve the right to revise or rescind any of the value opinions subsequent environmental impact studies, investigation. The subject property has been though free of contamination. 4 alter, amend, based on any research or appraised as Assumptions and Limiting Conditions This appraisal is subject to the following Assumptions and Limiting Conditions: 1. The legal description of the subject property furnished to the appraisers is assumed to be correct. The Appraisers assume the title to the interest appraised to be good and marketable. No responsibility is assumed for matters legal in character, nor is any opinion rendered as to title. 2. The estimate of value assumes the property to be free of encumbrances and the property is analyzed as being under responsible ownership and competent management. Typical financing as may customarily be secured by the purchaser of the type of property under appraisal has been considered. 3. All photographs, building diagrams/sketch in this report are for illustrative purposes only and are included to aid the reader in visualizing the property. No guarantee as to accuracy of such items is expressed or implied. 4. All maps of the subject property, and comparables, are presented for descriptive purposes only and are not to be held as a substitute for a survey or site plan prepared by an engineer or surveyor. This is particularly true as to the statements regarding the 100 -year flood plan and the location and availability of utilities, which require engineering review regarding specific location and capacity. The boundaries of the land and the dimensions and size thereof as indicated to the appraisers are assumed to be true and correct. No provisions have been made for a special survey of the property. Valuation is reported without regard to question of encroachments. 5. Information, estimates and opinions furnished to the Appraisers by others, upon which their conclusions are based, are believed to be reliable and believed to be true and correct. However, no warranty is given for their accuracy. Conclusions based on misinformation can invalidate such conclusions, and in such cases, the Appraisers reserve the right to amend their conclusions. The Appraisers assume that the value of the improvements, if any, on the subject property, is not impacted by requirements of the Americans with Disabilities Act. 6. The Appraisers are not qualified to detect hazardous waste and/or toxic materials. The Appraisers assume that there are no hidden or unapparent soil conditions, environmental conditions or hazardous wastes, including the subsoil or structures, that would render the property more or less valuable. 5 Such determination would require an investigation by a qualified expert in the field of environmental assessment. The Appraisers' value estimate is predicated on the assumption that there is no such condition on or in the property or in such proximity thereto that it would cause a loss in value unless otherwise stated in this report. No responsibility is assumed for any environmental conditions, or for any expertise or engineering knowledge required to discover them. The Appraisers' descriptions and resulting comments are the result of the routine observations made during the appraisal process. The client is urged to retain an expert in the field, if desired. 7. Disclosure of the contents of this report is governed by the by-laws and regulations of the Appraisal Institute. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the Appraisers or the firm with which they are connected, or any reference to the Appraisal Institute of to the appraisal designations) shall be disseminated to the public through advertising media, public relations media, news media, sales media or other public means of communication without the prior consent and approval of the author(s). 8. Possession of this report, or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the party to whom it is addressed without the written consent of the Appraisers, and in any event, only with proper written qualification and only in its entirety. 9. The distribution, if any, of the total valuation in this report between land and improvements applies only under the stated program of utilization. The separate allocations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. 10. The Appraisers are not required to give testimony or to appear in court because of having made the appraisal with reference to the property in question, unless arrangements have been made previously. 11. Acceptance of and/or use of this report constitutes acceptance of the foregoing Assumptions and Limiting Conditions. The Appraisers' duties, pursuant to the employment to make the appraisal, are complete upon delivery and acceptance of the appraisal report. However, any corrections or errors should be called to the attention of the Appraisers within 60 days of delivery. 6 Exposure Time: Exposure time is the estimated length of time that the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal. Based on our review of various sales occurring in the South Texas area, and based on discussions with informed, ranch brokers and other active market participants, it is the appraisers' opinion that the exposure time for the subject property would be between 6 months to 12 months. Marketing Time: Reasonable marketing time is an estimate of the amount of time it might take to sell a property interest in real estate at the estimated market value level during the period immediately after the effective date of the appraisal. The estimate of the time period required for reasonable marketing is not intended to be a prediction of a date of sale. The estimate of market time includes related information garnered from market sources, such as the identification of typical buyers and sellers for the type of real estate involved, typical equity investment levels and/or financing terms. It is reported by area real estate brokers that demand for smaller tracts of land, similiar to the subject, have been good for the past 6 months to one year. The perceived trend of land values in the subject's market has been positive, and the market appears to be good. The general economic condition of the subject's neighborhood is consistent with the economic conditions that exist within the entire South Texas area. With these factors in mind, and based on our review of information available on the various comparable sales presented herein, and based on discussions with informed, real estate brokers and other active market participants, it is the appraisers' opinion that a reasonably appropriate marketing time for the subject property would be 6 to 12 months. 7 Description of the Subiect Property Observations of the subject property were made by the appraisers beginning on February 12, 2016. The appraisers are familiar with the subject's neighborhood, having appraised several properties within the area over the past several years. Site Size: The subject site contains 0.2466 acres (10,742 square feet) of land. (Refer to the "Extraordinary Assumptions" on Page 3 that apply to this appraisal.) Location: The property lies along the north side of South Padre Island Drive. The right-of-way of McDonald Street (unopened) forms its west boundary. Shape: The subject site is rectangular in shape. (Refer to the attached site map.) Access/Road Frontages: The appraised property fronts 64.74' more or less, along the north access road of South Padre Island Drive, a one-way street travelling west. The site also fronts about 166' of frontage along the east boundary of McDonald Street (unopened). The site has curbs, gutters and sidewalks along its South Padre Island Drive frontage. Topography: Observations of the tract show it to a level, vacant lot. It is assumed that there are no unseen hazards or adverse conditions that would adversely affect the value of the property. Flood Zone: F.E.M.A. flood insurance maps for this area of Nueces County, indicate that the subject site lies entirely within Flood Zone C. Flood Zone C is defined as an area of minimal flooding. The site is shown in Flood Map Panel No. 485464 0316D, revised July 18, 1985. (The appraisers are not surveyors, therefore, no guarantees, expressed or implied, are made regarding this determination.) Utilities\Zoning: According to the City of Corpus Christi, Texas, all city utilities are currently available nearby. The property is zoned "CG -1" General Commercial District. Navy Land Use Zones: The subject property appears to lie within a Navy Air Installation Compatible Use Zone (AICUZ). According to maps provided to the undersigned, the site is located within an area classified as a "APZ-2," Accident Potential Zone. (Please refer to the discussions of "AICUZ" on the following pages.) 8 Building Improvements: (See "Hypothetical Conditions" and "Extraordinary Assumptions" on Page 3.) Site Improvements: Chain link fencing encloses the entire site. There is a concrete drive leading into the property from the access road of South Padre Island Drive. 9 "AICUZ" LAND USE ZONES The City of Corpus Christi encourages development that is compatible with Navy Air Operations at the Naval Air Station, Waldron Field, and Cabaniss Field. A primary concern associated with these Naval facilities is land use compatibility in the Navy's Air Installation Compatible Use Zones (AICUZ). These are areas where, due to the frequency of over flights and other factors, a measurable potential for aircraft accidents is present. ...The City should maintain constant contact with the Navy to maintain accurate record any changes to these zones and change as appropriate any city regulations pertaining to these AICUCs." "Within AICUZs there are three areas with different degrees of accident potential: Clear Zones (CZ); Accident Potential Zone 1 (APZ-1); and Accident Potential Zone 2 (APZ-2). Naval guidelines suggest that Clear Zones be purchased by the Navy as they are the most hazardous areas. Accident Potential Zone 1 is the second highest area of concern and Accident Potential Zone 2 is the least hazardous of these areas." "Existing zoning ordinance regulations do not comprehensively address concerns associated with land use compatibility in the Navy's Accident Potential Zones. Dense residential developments or non-residential uses which congregate large groups of people should be prohibited in Accident Potential Zones." "Due to the significant amount of existing development within these APZs it is not feasible, at this time, to strictly follow the Navy's use guidelines which call for: Accident Potential Zone 1 - prohibit uses and non-residential uses which may congregate large numbers of people. Accident Potential Zone 2 - limit residential development to 1 or 2 units per acre and prohibit uses which may congregate large groups of people." 10 SHORT-TERM OBJECTIVES: " a. The City encourages the Navy to continue purchasing any remaining clear zone areas as these are the most hazardous of the Navy's Air Installation Compatible Use Zones." " b. Non-residential uses and residential uses which may congregate large groups of people should be prohibited from locating in APZ-1 and APZ-2 zones. The City should create an APZ Overlay Zone, for APZ areas to prohibit the following new uses in any underlying base zoning districts: hospitals, churches, schools/universities, stadium/athletic fields, fairgrounds/circus grounds, child care centers/ nursing homes, theaters/auditoriums (indoor or outdoor), exposition halls, clubs and bars with seating from more that 50 people or for more that 100 persons per acre, amusement parks, motels/hotels, public swimming pools, or natatoriums, any other private or public facility for the assembly of more than 100 persons per acre, any new residential use with a density of greater than 1 unit per net (does not include street right-of-way or other public properties) acre for APZ- 1 and 2 units per acre for APZ-2 except where the base zoning is more restrictive, then use base zoning residential density use requirements." LONG-TERM OBJECTIVES: " a. Continue overlay zone requirements contained in the short term objective and change the base zoning as recommended. Consideration should be given to prohibiting new residential uses in APZ-1." " b. Residential areas located within APZs and north of South Padre Island Drive and Between Flour Bluff Drive and the Laguna Madre Shoreline should gradually transition to commercial and industrial uses. The City should facilitate this transition by approving rezoning requests for commercial or industrial zoning where there is adjacent commercial industrial zoning or where it can be shown that the rezoned area can protect adjacent residences. Gradually, residential uses would be phased out of the area." " c. Property surrounding Waldron Field within CZs and APZs should not be rezoned for higher intensities than currently exist unless specified on the City's future land use map." 11 POLICY STATEMENT B.7 "The City should continue to encourage large lot development in the southwest quadrant (bounded by the Cayo del Oso, Purdue Road, Barney Davis Power Plant, Flour Bluff Drive and Purdue Road) consistent with the existing development trend in the area and to preserve environmental qualities of the area. The southwest quadrant is characterized by a unique and sensitive natural environment. The City should support protection of this environment encouraging a continuation of the existing trend of large lots (1 acre or larger). Large lot development will help to protect the unique natural shrubbery, oak motts, etc. in the area that would normally be lost as an area becomes developed. Large lot development is compatible as a buffer to the industrial use of the Barney Davis Power Plant which borders the south of Flour Bluff."* Conclusion: The subject lies within an "APZ-2" designated area. This is the least restrictive under AICUZ. We have reviewed the restrictions and analyzed their impact on the market value of the subject property. It is our opinion that the limitations placed on the property by AICUZ constitute no detriment to its market value. 12 IDELORME Street Atlas U 5A@ 2006 .r� Rockport Tours //l f C 44')'• Subject Property Am 0 Floyd'a Chr conk Ambulance 1 fRalaurartt 4 -I-aul Ca • J • ~ p /f/j/off/f �s� f U1 Data use subject to license. Q 2D05 DeLorme_ Street Atlas USA® 2D06. www.delorme_com MN (3.8° E) • • 0 180 360 540 720 900 Data Zoom 15-D ft AERIAL PHOTOGRAPH HIGHEST AND BEST USE Definition: According to The Dictionary of Real Estate Appraisal, 5th. Edition (2010), published by the Appraisal Institute, Highest and best use is "the reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, financially feasible, and which results in the highest value." Legally Permissible: The subject site is located within the corporate city limits of the city of Corpus Christi. It is zoned "CG -1" General Commercial District. The site also lies within an "APZ-2" It is our opinion that the limitations placed on the site by its "APZ-2" designation constitutes no detriment to its overall market value. Physically Possible: The physical size of the subject site tend to limit its future use. However, there are several commercial uses to which it could be put. Financially Feasible/Maximally Productive: The third and fourth criteria are those uses that are financially feasible and maximally productive. The size, location, zoning and area development of the subject property make it suitable for some type of commercial use. Conclusion: Based on a study of physical features, legal limitations of use, feasible uses, maximally productive uses, and the investment motivation, the assigned highest and best use of the subject property, as of the date of appraisal, is for some type of neighborhood commercial use or for use by the adjoining property. 13 Sales Comparison Approach The Sales Comparison Approach is used to value the subject property. The Sales Comparison Approach is based upon the principle of substitution which holds that a prudent man will not pay more for a property than it would cost him to buy an equally desirable substitute property. The market value of the subject property is estimated by the Sales Comparison Approach, whereby sales with similar attributes were researched in the subject neighborhood. Write-up of the sales most comparable to the subject are found on the following pages, followed by a map showing their relative locations. COMPARABLE LAND SALE #1 County: Nueces Date: May 20, 2015 Size: 0.34 acres Records: Doc.# 2015019585 15,000 s.f. Grantors: Corpus Bayside Investments Grantee: Hybrid, Inc. Legal Description: 0.34 acres (15,000 sf) more or less, being out of Lots 1, 2, 3, 4 Block 1, Naval Center No. 2, Nueces County, Texas. Location: West side of NAS Drive, near the South Gate to N.A.S. Corpus Christi. Access: 15,000 square feet (MLS). Total Consideration: Land Only: Unit Sales Price: Land Only: Mortgage/Condition of sale: Cash Approx. 214' frontage. $75,000.00 $5.00/square foot. to seller. Zoning/Utilities: Zoned "CG -1" General Commercial District. The site lies within an APZ. All City utilities nearby. Topography/Physical: A level, square-shaped tract of vacant land. Structural Improvements: None. Comments: 14 COMPARABLE LAND SALE #2 County: Nueces Date: March 13, 2015 Size: 0.21 acres 9,100 s.f. Records: Doc.# 2015018407 Grantors: Vernon J. Seals, Jr. et al. Grantee: Erik L. Simmons, et al. Legal Description: 0.21 acres (9,100 sf) more or less, being out of Lot 11, Block 4, Flour Bluff Estates No. 2, Nueces County, Texas. Location: West side of NAS Drive, in Flour Bluff, Corpus Christi, Nueces County, Texas. Access: Frontage along West side of N.A.S. Drive. Total Consideration: Land Only: $41,000.00 Unit Sales Price: Land Only: $4.51/square foot. Mortgage/Condition of sale: Cash to seller. Zoning/Utilities: Zoned "CG -1" General Commercial District. The site lies within an APZ. All City utilities nearby. Topography/Physical: A level, irregular-shaped tract of vacant land. Structural Improvements: None. Comments: 15 COMPARABLE LAND SALE #3 County: Nueces Size: 0.45 acres Grantors: Ruben D. Gonzalez (19,710 sf, per MLS). Grantee: Welker Enterprises Date: Oct. 6, 2014 Records: Doc.# 2014038868 Legal Description: 0.45 acres, square feet, more or less, being Lot 5, Naval Center Annex, Corpus Christi, Nueces County, Texas. Location: West side of NAS Drive, near the south gate to N.A.S. Corpus Christi. Access: Approximately 78' frontage on N.A.S. Drive. Total Consideration: Land Only: $75,500.00 Unit Sales Price: Land Only: $3.81/square foot. Mortgage/Condition of sale: Cash to seller. Zoning/Utilities: Zoned "CG -1" General Commercial District. The site does not lie within an APZ. All utilities available. Topography/Physical: A level, rectangular -shaped tract of vacant land. Structural Improvements: None. Comments: 16 BARNEY DAVIS to NAVAL BASE SALES PRICE CONDITIONS OF SALE DATE Adjusted Sales Price SIZE LOCATION FRONTAGE/ ACCESS TOPOGRAPHY/ PHYSICAL CHAR. ZONING AND UTIUTIES INDICATED VALUE City of Corpus Chdad Tract No. 53 Cash Equiv. 2/12/2019 0.2469 Acres (10,742 si) Fronts Along North Side South Padre Island Dr. Fronts South Padre Island Drive One-way going West Rectangular Shape Vacant Lot Ues In APZ-2 Zone -05-1' General Commercial All Utilities Nearby 1) Corpus Christ Bayside to Hybrid, Inc. 55.00/0 Cash 5/2015 0.340 Acres (15,000,0 Fronts East Side NAS Ddvo near NAS Corpus Christi Fronts N.A.S. Drive Square Shape Uas in APZ Zoned'CG-r General Commercial All Utilities Nearby 55.50/11 = 55.00/sf +10 = = / = = / = 2) Vernon J. Seals to Erik Simmons 54.511,1 Cash 3/2015 0.21 Acres (9100 sl) Fronts West Side NAS Drive between Webb and Clcdde Fronts N.A.S. Drive Irregular Shape Lies In APZ Zoned TG -1. General Commercial All Utilities Nearby 54.98/st = = 54.5111) _ +10 = = / = = / = 3) Ruben D. Gonzalez to Welker Enterprises 53.91/1) Cash 10/2014 0.45 Acres (19,710,0 Fronts East Side NAS Drive near NAS Corpus ChrlsS Fronts N.A.S. Drive Rectangular Shape Uas in APZ Zoned .CG -1. General Commercial All U9litles Nearby 04.39/,1 = = 33.91/st +5 +10 = _ / = _ / _ • DELORME Comparable Sales Map Street Atlas USA® 2006 Data use subject to license. © 2005 DeLarme. Street Atlas USA® 2006. www.delorme.com MN (3.8° E) ft 0 500 1200 1800 2400 3000 Data Zoom 13-3 Value Conclusion of the Whole Property Because of the lack of more sales, the range of adjusted values for the subject property falls within a relatively close range. After adjustments, the market values of the subject property indicated by each sale are: Sale No. 1 Sale No. 2 Sale No. 3 $5.50/square foot $4.96/square foot $4.38/square foot Accordingly, placing equal weight and credence to the indications of all three sales, the market value of the subject property, surface estate only is concluded to be $5.00 per square foot. Multiplying this total by the acreage contained in the subject property indicates a total market value, as of February 12, 2016 of 10,742 square feet X $5.00 per square foot) or $53,710, rounded to: FIFTY-FOUR THOUSAND DOLLARS ($54,000.00) APPRAISER NOTE: This appraisal is subject to the "Extraordinary Assumptions" and "Hypothetical Conditions" found on Page 3. 18 ANALYSIS OF THE PROPOSED EASEMENT 11 CDS Ur r ENGINEERS - SURVEYORS ELECTRIC TRA1SMISSION TEXAS CITY OF CORPUS CHRISTI NIECES COUNTY, TEXAS 0.125 OF AN ACRE TRANSMISSION LINE EASEMENT EXHIBIT i"A'1 BEING a 0.125 of an acre tract of land lying in the Ramcii de Yncjosa Survey, Abstract 41 1, Mimes County, Texas, same being a portion of Lot 32, Section 47 of the Flour Bluff and Encinal farm and Garden Tracts as described and recorded in volume A, pages 41-43, Map Records of Nueces County, Texas, same being a portion of Lot 25, Block 12 cif the Flour Bluff Park Subdivision as described and recorded in volume 7, pages 52-53, Map Records ofNueces County, Texas, same also being a portion ofa tract of land described as the West 65 feet of Lots 23, 24, 25, dock 12 and recorded in volume 1378, page 60, Deed Records of Nueces County, Texas, same also being described by a drawing (Tract 53 City of Corpus Christi,dwg dated February 26, 2016) attached to and trade part hereof and more particularly described as follows: BEGINNING ata 112" iron rod set with plastic cap stamped 'CDS(MiJERY S.A. TX." at the intersection of the nartlhcast right-of-way line of State 1iigltway 358 (varying width right-of-way) and the southeast right-of-way line of McDonald Street (50 feet wide right-of-way) for the west cornu• of the aforementioned lot 25, Block 12, THENCE leaving the southeast right-of-way line of the aforementioned McDonald Street, along an extension of the northeast right -of sway line afthe aforementioned Stab Highway 358.161 '33'19"W a distance of 25.00 feet to a point in the centerline of said McDonald Street for the west corner of the herein described 0.125 of an acre tract; THENCE along the centerline of the afotorncntioiied McDonald Street, N28°30'OI"E a distance of 61.29 feet to a point for the norr`h coroner of the herein described 0.125 Mari an acre tract; TFHENiCE leaving the centerline of the aforementioned McDonald Street, S60°29'00"E, passing a ]/2" iron rod set with plastic cap stamped "CDSIMIJERY S.A. TX." in t]ie southeast right-of-way line of said McDonald Street and the northwest line of the aforementioned Lot 25, Bock 12 ata distance of 25.00 fact, a total distance of 78,84 feet tc a 1/2" iron rod set with plastic cap stamped "CDSUERY S.A. T.X." for an angle point of the herein described 0,125 of an acre tract and S62°1 1'37''E a distance of "4.91 fcctto a 1/2" iron rod set with the plastic cap stamped "CDSIMLIERY S.A. TX." in the southeast line orthe aforementioned "'Wriest 65 feet of 1 4.1,25" and a northwest line of Lot 51, Block 12 of the Figur Bluff Park Subdivision as described and recorded in volume 45, page 218, Map Records. of Nueces County, Texas, for the east corner of the heroin described 0.125 of an acre tract; TUFNCE along the southeast line of the aforementioned "1Nv`cst 65 feet of Lot 25" and a northwest line of the aforementioned Lot 51, Block 12, 828'30'011'W a distance of 59.94 feet (Record -- S29°05'20"W per volume 45, page 218) to a lir iron rad set with plastic cap stamped "CDS/MUERY S.A. TX." in the northeast right-of-way line. of the aforementioned State Highway 358 for the south corner of said "West 65 feet of Lot 25" and a west corner of said Lott 51, Block 12 and the south corner of the herein described 0.125 of an acre tract; Page 1 of 3 Tract 53 City of Corpus Christi.dorx February 26, 2016 3411 Magic Drive • 5an Antonia, Texas 78229 • Phone: (2I0) 5B1-1 1 1 1 • Fax: (214) 5BI-5555 • TBPE No, F-1733 • TBPL5 N. 10049540 19 ELECTRIC TRANSMISSION TEXAS CITY OF CORPUS CHRISTI NUCCES COUNTY, TEXAS (1.125 01 AN ACRE TRANSMISSION LIIVI? EASEMENT THENCE along the northeast right-of-way line of the aforementioned State Ilighway 35$ and the southwest line of the aforementioned Lot 25, Block 12, N61"333`19"W a distance of 64.74 feet to the PLACE OF BEGINNING and containing 0.525 of an acre of land, of which 0.035 of an acre lies withinthe right-of-way limits of the aforementioned McDonald Street. The bearing leis for this sliruey k Grid North, Texas State Plane Coordinate System, NAI)1983 (201 1), South Zone. THE STATE OF TEXAS KNOWN TO ALL MEN BY THESE PRESENTS. COUNTY OF BEAR I, C Gordon Clark, a Registered Professional Land Surveyor, do hereby certify that the above fluid notes were prepared using information obtained by an on the ground snivcy made under my direction and supervision its .bane 2015 Awn 1:ebruaiy 2016. Date 2d day of Page 201'3 Tract 53 City of Carus Cliristi,dex February 26, 2016 2016 A.D, 3.z.{49,_dt C, Gordon Clark Registered Professional Land Surveyor No, 3 999 = State of Texas 3.41 1 Magic (Drive • San Antonio. Texas 782229 • Phone. (2I0 581.1111 • fax; (210) S8I.5555 - 113F NC), P-1733 - TBPI.5 No. IO0495.00 20 4 C 9.4 Pg. 3 of 3 LEGAL DFS^, TRACT 53 CITY CF CORPUS OHRISTI,dccx CDS JCB NO 11E090.01 BEAKING BASIS: GRID NORTH COORDINATE SYSTEM: TEXAS STATE PLANE, NADIDe3 (wa11), S•DJTH 2ONE ALL DISTANCE5 SHOWN ARE SURFACE. (GRID X 1.CDC44 - 54RFACE; THIS E<RIsit REPRESENTS A BOUNDAR'° SURVEY ONLY. ND VISIBLE EASEMENTS OR EASEMENTS CTF RECORD ARE DEPICTED HEREON_ > PC 49 er, 7 - fi34Y Die (8 LINE BEARfNC DISTANCE L1 N61'33' 9''W 5.a0' L2 N23'30°O1" E 61.29' L3 S60 291'[]0"E 7B34' L4 S62-11 '37"F 1O.9'1' L5 S28'30'01 "'W 59.94' (RECORD -.52.9'0.5.2.9149 L6 1'3.3' 19 "W 64.74' 2, 400 ACHES PPG. 2UD7U215B7 0.P.R.N.C. - LOT 51, BLOCK 12 FLOUR BLUFF PARK VOL. 45, PC. 216 M. R. N. C. FLOUR BLUFF AND EC/NAL FARM AND GARDEN TRACTS VOL, A, PG', 41-43 M. R. N. 0, is (trq 42, R4Afair DE Y1YOJ SA SURPEY, rias cr 4.0 LEGEND 1/2" IRON ROO SET ' QITH PLASTIC GAP STAMPED ' ,D$fMUER( 5.A. TX." UNMO LIMENTED POINT PLACE OF BEGINNING PROPERTY LINES RICHT-OF-WAY OFFICIAL PUBLIC RECORDS OF NUEDES COUNTY MSAP RECORDS OF NUECES COUNTY RECORD CALL TAKEN FROM VOLUME 45, PACE 218. ,1i.R,N.C. 5111.' 25' 0 50' CD'S mu r ENGINEERS SURVEYORS re1.4 =u1 M. s.As r ' • a,qu,-ii• 1.0.11il..irra 1.1g3.11- • FSS 10 I r41,Sc. DRAWN DY: M. CAMACHO 0.125 OF AN ACRE TRANSMISSION LINE EASEMENT ELECTRIC TRANSMISSION TEXAS RAMON DE YNOJOSA SURVEY, ABSTRACT 411 NUECES COUNTY, TEXAS pt. FEBRUARY 26, 2016 DRAWING NAME: TRACT 53 CTY OF CORPUS CHRISTI,dwg ETT4 Etecrrrc Transmission Texas 21 AERIAL PHOTOGRAPH Estimate of Compensation Due the Owner Description of the Part Taken Electric Transmission Texas ("ETT") is constructing a new single -circuit 138kV transmission line from ETT's existing Barney Davis Substation to AEP Texas Central Company's existing Naval Base Substation pursuant to the terms of a final order of the Public Utility Commission of Texas ("PUCT") dated May 28, 2015. In that final order, the PUCT determined that this new transmission line was necessary to improve the reliability of the electric transmission network in the Flour Bluff and surrounding areas and reduce the possibility of loss of electric load. The PUCT's final order also established the route of the new transmission line. The easement described in this appraisal report is part of that PUCT-approved transmission line route. ETT's transmission line will cross the southern boundary of the subject from west to east along its entire South Padre Island Drive frontage. According to a enclosed plat, the proposed easement enters the southwest corner of the subject property along the right-of-way of South Padre Island Drive. The easement extends along the entire south boundary of the subject to its Point of Exit at the southeast corner of the property. The easement will lie along, and parallel to, the subject's frontage on South Padre Island Drive. This portion of the proposed easement contains a total area of 5,445 square feet (0.125 acres), more or less. The easement, as described on the plat, also includes approximately 1,525 square feet (0.035 acres) lying within the right-of-way of McDonald Street. The 0.035 acres lying within the right-of-way of McDonald Street, an unopened city street which has been in place for several years, although it is up -opened. The landowners' interest in this portion of the right-of-way is nominal. Therefore, we have assigned a lump - sum value of $100 as the landowners' interest in the right- of-way lying within McDonald Street. 22 Valuation of the Part Taken The unencumbered portion of the easement contains 0.090 acres (0.125 ac. - 0.035 ac.). This area of the proposed easement has a highest and best use as part of the "parent" property. In the previous section of this report, the market land value of the property was estimated to be $5.00 per square foot. The value of the unencumbered portion of the proposed easement is based on 95% of the value of a pro rata part of the subject property, which is calculated as: $5.00/sf X 95% X 0.090 (3,920 sf) = $18,700(R) Damages to the Remainder It is our opinion that the acquisition of the proposed electric transmission line easement will cause damage to the remainder of the subject property. Building Set -Back Line (Minimum Yard Requirement): The location of the proposed easement along, and abutting, South Padre Island Drive will impact the market value of its remainder. Aerial photos of the subject site indicate that the proposed easement will encompass the designated building "set -back" required by the City of Corpus Christi under its zoning ordinance. The ordinance states that the required building "set -back" for properties zoned "CG -1, General Commercial," is 20.' The average width of the subject easement is 60.62', which represents approximately 1/3 of the depth of the site. This 60.62' -deep area will be unavailable for the construction of structures. However, this 60 -foot area of the site will not be a total loss to the eventual developer of the property, as he/she will be able to use this "encumbered" area for drives, parking areas, fencing and decorative landscaping. However, it is our opinion that the placement of the proposed easement on the property will cause damage to its remainder of approximately 35%. Calculation of Damages to the Remainder Remainder: 0.2466 ac. - 0.125 ac. (easement) = 0.1216 ac. 0.1216 ac. (5,296 sf) X $5.00/sf X 35% = $9,300(R) 23 Summary of Compensation City of Corpus Christi Parcel No. 53 I. Estimated Market Value of the Whole Property (Land Only): (0.2466 acres (10,742 sf) X $5.00/sf = $54,000 II. Estimated Market Value of Rights Acquired in the Unencumbered Permanent Easement: $5.00/sf X 95% X 0.090 ac. (3,920 sf) = $18,700 III. Estimated Market Value of Rights Acquired within the Right -of -Way of McDonald Street: (0.035 acres) _ $ 100 IV. Total Estimated Damages to Remainder: = $ 9,300 V. Total Compensation Due Landowner: $28,100 24 Value of the Remainder Before the Taking: The remainder (0.2466 ac. - 0.125 ac.) = 0.1216 ac. 0.1216 ac. (5,296 sf) X $5.00/sf = $26,500(R) Value of the Remainder After the Taking: 0.1216 ac. (5,296 sf) X $5.00/sf = $26,500(R) Less: Damages to Remainder -$9,300 $17,200 Compensation Due The Owner: Respectfully submitted, 1 Thomas F. Dorsey, E, MAI, SRA '7iomas F. Dorset/Jr. State Certified General State Certified General Real Estate Appraiser Real Estate Appraiser $28,100 25 APPRAISER CERTIFICATION The undersigned hereby certifies that, to the best of our knowledge and belief: The statements of fact contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are our personal, impartial, and unbiased professional analyses, opinions, and conclusions. We have no present or prospective interest in the property that is the subject of this report, and we have no personal interest with respect to the parties involved. We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. We have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. Our engagement in this assignment was not contingent upon developing or reporting predetermined results. Our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics & Standards of Professional Appraisal Practice of the Appraisal Institute, which include the Uniform Standards of Professional Appraisal Practice. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. As of the date of this report, Thomas F. Dorsey, MAI, has completed the requirements under the continuing education program of the Appraisal Institute. Thomas F. Dorsey has made an off-site inspection of the real property that is the subject of this report. No one provided significant real property appraisal assistance to the persons signing this certification. The appraisal was prepared in conformance with the rules and regulations of the Texas Appraiser Licensing and Certification Board. NONAttA Thomas F. Dorsey, CRE, SAI, SRA Thomas F. Dorsey Jr Date: March 8, 2016 Date: March 8, 2016 26 Subject — Photos Tract No. 53 City of Corpus Christi View of the Subject Property, looking to the North from South Padre Island Drive. View of the Area of the Proposed Easement, looking to the East along South Padre Island Drive. INSET_ lE Ir) I I f ss Jester m° Corpus Christi gaY S Padre rsland or Knickerbocker Oso Bay S Padm i,Fnd Dr— Laguna Madre Don P O 1 Slough zaI •I Waldron Airfield Yoram. YO 0 OsoO{ee Barney M. Davis Reservoir ..e.4t4:3:'S:9 ...I•i.i•N••N µH ti EXISTING BARNEY DAVIS SUBSTATION 0 Segment ID • Segment End Point ---• Primary Route Segment Existing Transmission Line 0 0 3,000 6,000 Feet 0 1 Miles ETT Electric Transmission Texas Barney Davis — Naval Base 138 kV Single -Circuit Transmission Line in Nueces County PUC DOCKET 42467 SOAH DOCKET 473-14-4431 ATKI N S Route 11— Overhead Construction Route 11— Underground Construction AGENDA MEMORANDUM Future Item for the City Council Meeting of August 30, 2016 Action Item for the City Council Meeting of September 13, 2016 DATE: TO: August 16, 2016 Margie C Rose, City Manager THRU: E. Jay Ellington, Interim Assistant City Manager JayEll@cctexas.com 361.826.3042 FROM: Rudy Bentancourt, HCD Director RudyB@cctexas.com 361.826.3021 Annual Board of Directors Meeting of the Corpus Christi Community Improvement Corporation CAPTION: Annual Board of Directors Meeting of the Corpus Christi Community Improvement Corporation (CCCIC). PURPOSE: To provide an Annual Board Meeting, to appoint a new City Council member to the CCCIC, Elect Officers, and to re -appoint Loan Review Committee Members. BACKGROUND AND FINDINGS: The City Council acts as the Board of the CCCIC. With the appointment of new City Council member Michael Hunter, it is necessary for the Board to appoint Mr. Hunter to the CCCIC Board. The CCCIC is also required to select a President and Vice President during the Annual Board of Directors Meeting. The Bylaws of the CCCIC provide for the following officers: President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, and General Manager. The Bylaws provide that officers do not have to be Board members, and the remaining positions have been held by persons on City staff holding the function equivalent positions. The recommendation are as follows: Secretary Rebecca Huerta Assistant Secretary Paul Pierce Treasurer Constance P. Sanchez Assistant Treasurer Alma Casas General Manager Margie C. Rose The CCCIC established the Loan Review Committee (Committee) on May 7, 1985. The Loan Review Committee reviews applications from Homeowners seeking assistance through the Housing and Community Development Department's Single Family Rehabilitation Program. The committee is composed of eleven members representing the following categories: 4 — members from any of the following professions: legal, real estate agency, general contractor/remodeler/homebuilder, architect, engineer, and residential home designer; 2 — financial institution; 1 — member employed in the delivery of Health and Human Services; and 4 — community at large. Appointments are made by the CCCIC Board of Directors. Committee members serve for three-year terms until they are reappointed or replaced. There are no term limits. Please see attached board appointment packet for more information. ALTERNATIVES: Not Applicable OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The action conforms to all applicable City and CCCIC policies. EMERGENCY / NON -EMERGENCY: Non -Emergency. This item requires only one meeting of the CCCIC Board. DEPARTMENTAL CLEARANCES: Housing and Community Development and City Secretary's Office FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X 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 BALANCE Fund(s): Comments: N/A RECOMMENDATION: Take necessary action. LIST OF SUPPORTING DOCUMENTS: Agenda for Annual CCCIC Meeting Unapproved September 8, 2015 Board Meeting Minutes Treasurers Report CCCIC Bylaws Loan Review Committee Bylaws Loan Review Committee Packet AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION ANNUAL MEETING DATE: Tuesday, September 13, 2016 TIME: PLACE: During the meeting of the City Council beginning at 11:30 a.m. City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. Vice President Brian Rosas calls the meeting to order. 2. Secretary Rebecca Huerta calls roll. Board of Directors Vacant, President Brian Rosas, Vice President Rudy Garza Colleen McIntyre Chad Magill Nelda Martinez Mark Scott Lucy Rubio Carolyn Vaughn Officers Vacant, General Manager Rebecca Huerta, Secretary Paul Pierce, Asst. Secretary Constance P. Sanchez, Treasurer Alma Casas, Asst. Treasurer 3. Motion appointing Council Member Michael Hunter as a member of the CCCIC Board. 4. Election of Officers: President Vice President Secretary Assistant Secretary Treasurer Assistant Treasurer General Manager 5. Public Comment 6. Approval of the minutes of September 8, 2015. 7. Treasurer's Report 8. Appointments to the Loan Review Committee 9. Adjournment MINUTES CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION (CCCIC) REGULAR MEETING September 8, 2015 6:10 P.M. PRESENT Board of Directors Vacant, President Lillian Riojas, Vice -President Rudy Garza Colleen McIntyre Chad Magill Nelda Martinez Mark Scott Officers Ron L. Olson, General Manager Rebecca Huerta, Secretary Paul Pierce, Asst. Secretary Constance P. Sanchez, Treasurer Alma Casas, Asst. Treasurer Vice -President Riojas called the meeting to order in the Council Chambers of City Hall at 6:10 p.m. Secretary Huerta verified that a quorum was present to conduct the meeting and notice of the meeting had been posted. Vice -President Riojas moved to Item 3 and called for the appointment of Brian Rosas, Carolyn Vaughn, and Lucy Rubio to the CCCIC Board. Ms. Martinez made a motion, seconded by Mr. Magill, and passed. Vice -President Riojas moved to Item 4 and called for the Election of Officers. A motion was made by Ms. Martinez to appoint Lillian Riojas as President, seconded by Ms. McIntyre, and passed. A motion was made by Mr. Magill to appoint Brian Rosas as Vice -President, seconded by Ms. Martinez, and passed. A motion was made by Ms. McIntyre to elect Rebecca Huerta as Secretary, Paul Pierce as Assistant Secretary, Constance P. Sanchez as Treasurer, Alma Casas as Assistant Treasurer, and Ronald L. Olson as General Manager, seconded by Mr. Magill, and passed. Vice -President Riojas moved to Item 5 and called for the approval of the minutes from the October 28, 2014 meeting. Mr. Garza made a motion to approve the minutes as presented, seconded by Ms. McIntyre, and passed. President Riojas moved to Item 6 and called for the Financial Statement. Treasurer Constance Sanchez referred to the summary of transactions for the twelve months ending June 30, 2015 and the fund balance was $14,759,559. The Board had no questions. President Riojas moved to Item 7. Director of Neighborhood Services Department (NSD), Mr. Eddie Ortega, explained that Item 7 is a motion to approve a loan commitment of $300,000 for the 911 Glenoak Apartment project, and that the loan to be made is from funds provided through the U. S. Department of Housing and Urban Development's HOME Program at 3% interest for a 40 -year term with payments amortized over 40 years and paid from available net cash flow, subject to execution of the funding agreements. President Rioj as asked for discussion from the Directors. Ms. McIntyre stated this was going to be an exciting project and it was a great opportunity to have an updated apartment complex. Mr. Ortega stated the 1 demolition will replace 68 units and it is a $14,000,000 project. A motion to approve Item 7 was made by Ms. McIntyre, seconded by Mr. Magill, and passed. President Riojas called for public comment. There was none. Mr. Garza asked who to refer an attorney to regarding paying off a deed of trust with the CCCIC. Ms. Martinez stated the item had been taken care of, but to send the letter to City Attorney Miles Risley. There being no further business to come before the Board, President Riojas adjourned the meeting at 6:16 p.m. on September 8, 2015. 2 CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED BALANCE SHEET July 31, 2016 ASSETS Loan Program HOME Program Fund Fund Total Cash and investments $ 2,294,994 $ 479,498 $ 2,773,885 Mortgages receivable, net of allowance 7,575,522 3,483,545 11,059,067 Investment in property (net of 0 accumulated depreciation) 71,002 0 71,002 Total assets $ 9,941,518 $ 3,963,043 $ 13,903,954 LIABILITIES AND FUND BALANCE Liabilities: Deposits $ 12,692 $ 158 $ 12,850 Total liabilities 12,692 158 12,850 Fund Balance: Reserved for mortgages 7,575,522 3,483,545 11,059,067 Reserved for Investments 71,002 0 71,002 Unreserved 2,282,302 479,340 2,761,035 Total fund balance 9,928,827 3,962,885 13,891,105 Total liabilities and fund balance $ 9,941,518 $ 3,963,043 $ 13,903,954 CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FOR THE TEN MONTHS ENDED JULY 31, 2016 Revenues: Contribution from Federal Government Interest on loans Interest on investments Miscellaneous Loan Program HOME Program Fund Fund $ Total - $ 1,513,579 $ 1,513,579 35,592 11,120 46,712 179 60 239 2,097 751 2,848 Total revenues 37,868 1,525,510 1,563,377 Expenditures: Grants 29,023 65,413 94,436 Community Development administration 0 43,556 43,556 Loan processing 207,765 1,481,464 1,691,152 Miscellaneous 2,795 0 2,795 Depreciation expense 8,081 0 8,081 Total expenditures 247,664 Excess (Deficit)of revenues and other financing sources over expenditures and other uses (209,796) Fund balances at June 30, 2015 10,138,623 1,590,433 1,840,020 (64,924) (276,643) 4,027,809 14,167,748 Fund balances at July 31, 2016 $ 9,928,827 $ 3,962,885 $ 13,891,105 CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION BYLAWS ARTICLE I - OFFICES Section 1.01. The principal office of the Corporation shall be in the City of Corpus Christi, County of Nueces, State of Texas. ARTICLE 11 - DIRECTORS Section 2.01. The number of Directors which shall constitute the whole Board shall be nine. The initial Directors shall serve for a period coterminous with the terms of City. Council members at the time of adoption of these bylaws. The successor Directors shall be elected for terms approximately coterminous with the terms of City Council members. Any Director may succeed himself. Section 2.02. Vacancies in the Board of Directors shall be filled for the unexpired term by the election of successor Directors by the majority vote of thre remaining Board of Directors. Section 2.03. The property and business of the Corporation shall be managed by the Board of Directors which may exercise all powers of the Corporation and do all lawful acts. Section 2.04. The annual meeting of the Board of Directors shall be held at the principal office of the Corporation during the third City Council meeting in May of each year, or at such time and place as shall be designated by the President on three days' written notice to each of the Directors. All other meetings may be held at the place selected by the Board either within or without the State of Texas. Section 2.05. Regular meetings, other than the annual meeting, may be held at such time as shall be determined by the Board. Section 2.06. Special meetings of the Board may be called by the President on three days' notice to each Director, either personally or by mail or by telegram; special meetings shall be called by the President or Secretary in like manner on like notices on the written request of two Directors. Section 2.07. At all meetings of the Board the presence of a majority of the Directors shall be necessary and sufficient to constitute a quorum for the transaction of business and the act of a majority of the Directors present at any meetings at which there is a quorum shall be the act of the Board of Directors, except as may be otherwise specifically provided by these bylaws. If a quorum shall not be present at any meeting 1.. of the Directors, the Directors present thereat may recess the meeting from time to time, without notice other than announcement at the meeting, until a quorum shall be present. Section 2.08. A meeting of the Directors can be held at any time without notice upon the execution by all Directors, of a written waiver of notice, and likewise may be held without notice when all of the Directors are present at the meeting. Committee of Directors Section 2.09. The Board of Directors may, by resolution or resolutions adopted by a majority of the whole Board, establish one or more committees, each committee to consist of two or more of the Directors of the Corporation, which to the extent permitted by law and if so provided in said resolution or resolutions, when the Board is not in session, shall have and exercise the powers of the Board of Directors in the management of the business and affairs of the Corporation, and may have power to authorize the seal of the Corporation to be affixed to all papers which may require it. Such committee or committees shall have such name or names as may be determined from time to time by resolution adopted by the Board of Directors. Section 2.10. The committees shall keep regular minutes of their proceedings and report the same to the Board when required. Section 2.11. Directors, as such, shall not receive any compensation for their services, but, by resolution of the Board a reimbursement of expenses of attendance, if any, may be allowed for attendance at such regular or special meeting of the Board. Members of special or standing committees may be allowed like reimbursement for attending committee meetings. ARTICLE III - NOTICES Section 3.01. Whenever, under the provisions of the statutes or these bylaws, notice is required to be given to any director, it shall not be construed to mean personal notice, but such notice may be given in writing, by mail, addressed to such Director at such address as appears on the books of the Corporation, and such notice shall be deemed to be given at the time when the same shall be thus mailed. Section 3.02. Whenever any notice is required to be given under the provisions of the statutes or of these bylaws, a waiver thereof in writing signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent thereto. ARTICLE IV - OFFICERS Section 4.01. The officers of the Corporation shall be chosen by the Board of Directors. the Board of Directors shall choose from its members a President and a Vice President. The Board of Directors shall also choose a Secretary and a Treasurer who may or may not be members of the Board of Directors. The Board of Directors shall, by majority vote of all members, designate a General Manager of the Corporation. The General Manager shall not be a member of the Board of Directors, but shall serve at the pleasure of the Board of Directors, and shall be under their supervision. Any two or more offices may be held by the same person, except the offices of President, Secretary, and General Manager. Section 4.02. The Board of Directors shall choose such officers at its first meeting and at each annual meeting thereafter. Section 4.03. The officers of the Corporation chosen pursuant to Section 4.02 shall serve until the next annual meeting of the Board of Directors or until their successors are chosen and qualify in their stead. Section 4.04. The Board may appoint such other officers and agents as it shall deem necessary, who shall hold their offices for such terms and shall exercise such powers and perform such duties as shall be determined from time to time by the Board. Section 4.05. Any office elected or appointed by the Board of Directors may be removed at any time by the affirmative vote of a majority of the whole Board of Directors. If the office of any officer becomes vacant for any reason, the vacancy shall be filled by the Board of Directors. The President Section 4.06. The President shall preside at all meetings of the Directors. Section 4.07. The President shall be ex officio a member of all standing committees, shall have general supervision of the management of the business of the Corporation, and shall see that all orders and resolutions of the Board are carried into effect. Section 4.08. The President shall execute bonds, mortgages and other contracts requiring a seal, under the seal of the Corporation, except where required for permitted by law to be otherwise signed and executed and except where the sighing and execution thereof shall be expressly delegated by the Board of Directors to some other officer or agent of the Corporation. Vice President Section 4.09. The Vice President shall, in the absence or disability of the President, perform the duties and exercise the powers of the President, and shall perform such other duties as the board of directors shall prescribe. -3- The Secretary Section 4.10. The Secretary shall attend all sessions of the Board and record all votes and the minutes of all proceedings in a book to be kept for that purpose and shall perform like duties for the standing committees when required. He shall give, or cause to be given, notice of all special meetings of the Board of Directors and shall perform such other duties as may be prescribed by the Board of Directors under whose supervision he shall be. He shall keep in safe custody the seal of the Corporation and, when authorized by the Board, affix the same to any instrument requiring it, and when so affixed, it shall be attested by his signature. And when the corporate seal is required as to instruments executed in the course or ordinary business he shall attest to the signature of the President or Vice President and shall affix the seal thereto. The Treasurer Section 4.11. The Treasurer shall have the custody of the corporate funds and the securities and shall keep full and accurate accounts of receipts and disbursements in books belonging to the Corporation and shall deposit all moneys and other valuable effects in the name and to the credit of the Corporation in a depository as shall be designated by the Board of Directors. He shall disburse the funds of the Corporation as may be ordered by the Board, taking proper vouchers for such disbursements, and shall render to the President and Directors, at the regular meetings of the Board, or whenever they may require it, an account of all his transactions as Treasurer and of the financial condition of the Corporation. The Board of Directors may appoint an Assistant Treasurer to assist the Treasurer and who, in the absence or inability of the Treasurer to serve, shall perform the duties of the Treasurer. The General Manager Section 4.12. The General Manager shall oversee and be responsible for the overall management and administration of the Corporation. Section 4.13. The Board of Directors may require the President, Vice President, the Secretary and the Treasurer to give the Corporation bonds on such sums and with such surety or sureties as shall be satisfactory to the Board for the faithful performance of the duties of their office and for the restoration to the Corporation, in case of death, resignation, retirement or removal from office, of all books, papers, vouchers, money and other property of whatever kind in their possession or under their control belonging to the Corporation. ARTICLE V - FISCAL PROVISIONS Section 5.01. The Board of Directors shall have prepared for each annual meeting a full and clear statement of the business and condition of the Corporation. -4- Checks Section 5.02. All checks or demands for money and notes of the Corporation shall be signed by and any two of the following: the President, the Vice President, the Secretary, the Treasurer, the Assistant Treasurer, the General Manager, or such other person or persons as the Board of Directors may from time to time designate. Fiscal Year Section 5.03. The fiscal year shall be determined by resolution of the Board of Directors. ARTICLE VI - SEAL Section 6.01. The corporate seal shall be circular and shall have inscribed in the outer circle the name of the Corporation, and shall have inscribed in the inner the letters "T E X A S" and a five -pointed star. Said seal may be used by causing it or a facsimile thereof to be impressed or affixed or reproduced or otherwise. The imprint of this seal thus authorized is affixed opposite to this section. ARTICLE VII - AMENDMENTS Section 7.01. These bylaws may be altered, changed or amended at any meeting of the Board of Directors at which a quorum is present, provided notice of the proposed alteration, change or amendment be contained in the notice of such meeting, by the affirmative vote of a majority of the Directors at such meeting and present thereat. Includes Amendments through 10-25-93 -5- CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION LOAN REVIEW COMMITTEE Establishment of a committee to review loans for the Corpus Christi Community Improvement Corporation's Rehabilitation Program: I. Whereas the Corpus Christi Community Improvement Corporation, hereinafter called Corporation, desires to create housing which is decent, safe, sanitary and affordable to low and moderate income individuals, there is hereby created a Loan Review Committee, hereinafter referred to as the Committee, to be composed of eleven (11) members, each of whom shall be a resident of the City. Such Committee shall be composed of five (5) members from the following seven (6) professions: legal real estate agent general contractor/remodeler/homebuilder architect • engineer • residential home designer The remaining six (6) members of the Committee shall be two (2) associated with financial institutions, an individual employed in the delivery of Health and Human Services, and four (4) members from the community at large. 11. Of the members first appointed, three (3) shall be appointed for a term of one (1) year, three (3) for a term of two (2) years, and five (5) for a term of three (3) years. Thereafter, all terms shall be three (3) years. Vacancies shall be filled for an unexpired term in the manner in which the original appointments are required to be made. The unexcused absence of any member from three (3) consecutive official meetings of the Committee shall automatically terminate membership of the Committee. The Chairman for the Loan Review Committee will be appointed by the Corporation initially for a one (1) year term, thereafter, the Loan Review Committee will select chairmen for one-year terms. 111. Five (5) members of the Committee shall constitute a quorum in the voting and the approval of any provision of the Rehabilitation Loan Handbook or in making any decisions. Affirmative votes of the majority present, but not less than four (4) affirmative votes shall be required. No Committee member shall act in a case in which he has a personal interest. Loan Review Committee IV. The Committee shall establish rules and regulations in accordance with the provisions of the Rehabilitation Loan Handbook and U. S. Housing and Urban Development guidelines. V. The Committee shall meet at regular intervals to be determined by the Chairman and shall meet to review and approve loan applications which are submitted by staff. No employee or committee member connected with the Corporation shall engage in any work which is connected with the Corporation or which is inconsistent with his duties or with the interest of the Corporation. VI. The primary responsibility of the Committee will be to review and approve loan applications being submitted for consideration through the various loan programs previously authorized by the Corpus Christi Housing Improvement Corporation in accordance with the Rehabilitation Loan Handbook. f loarromn.hc18-30.93 City Of Corpus Christi CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE BOARD DETAILS OVERVIEW SIZE 11 Seats TERM LENGTH 3 Years TERM LIMIT N/A The Corpus Christi Community Improvement Corporation/Loan Review Committee reviews and approves loan applications submitted through the various loan programs in accordance with the Rehabilitation Loan Handbook. Cq DETAILS COMPOSITION Eleven (1 1) members to serve three-year terms. The committee shall be composed of the following representatives: 4 - members from the following professions: legal, real estate agency, general contractor/ remodeler/ homebuilder, architect, engineer, residential home designer; 2 - financial institutions; 1 - member employed in the delivery of Health and Human Services; and 4 - community at -large. Appointments to be made by the Board of Directors of CCCIC (City Council). Members must comply with the City's Code of Ethics. Chairman to be selected by Loan Review Committee for a one-year term. CREATION / AUTHORITY Motion by the Board of CCH IC on February 19, 1985. (Membership amended on April 9, 1996.) MEETS On Call Meetings - 2nd Wednesday of the month at 12:00 p.m. in City Hall, Staff Conference Room TERM DETAILS All terms are for three years. DEPARTMENT Housing and Community Development COMMITTEE/ SUBCOMMITEE N/A AGENDAS OTHER INFORMATION CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMFIITEff of 1 List of CCCIC/Loan Review Committee Members September 13, 2016 Eleven (11) vacancies with terms to 5-7-17, 5-7-18 and 5-7-19 representing the following categories: 4 - members from any of the following professions: Legal, Real Estate Agency, General Contractor/Remodeler/Homebuilder, Architect, Engineer, and Residential Home Designer, 2 - Financial Institution, 1 -member employed in the delivery of Health and Human Services and 4 - Community At -Large. (Note: Staff is working on a future amendment to the committee, which would reduce the size and number of categories. Thus, Staff is recommending the new appointments of two (2) Community At -Large members and postponing the remaining four (4) appointments.) II MI MS IN Position District End Date Clarissa Lopez Briseno David Cantu Monique Espinosa Barry Lobel! Alice Vaughan Cathy Mehne Robert C. Pate Herbert Schueneman Delia Garcia Ben Molina Keith Parker CCCIC/LOAN REVIEW COMMITTEE CCCIC/LOAN REVIEW COMMITTEE CCCIC/LOAN REVIEW COMMITTEE CCCIC/LOAN REVIEW COMMITTEE CCCIC/LOAN REVIEW COMMITTEE CCCIC/LOAN REVIEW COMMITTEE CCCIC/LOAN REVIEW COMMITTEE CCCIC/LOAN REVIEW COMMITTEE CCCIC/LOAN REVIEW COMMITTEE CCCIC/LOAN REVIEW COMMITTEE CCCIC/LOAN REVIEW COMMITTEE Seeking Reappointment Seeking Reappointment Seeking Reappointment Seeking Reappointment Seeking Reappointment Resigned Resigned Resigned Not Seeking Reappointment Not Seeking Reappointment Not Seeking Reappointment District 2 District 3 District 5 District 5 District 3 District 3 District 4 District 4 District 5 District 5 District 4 2 5/7/16 Health/Human Services Member 5 5/7/16 Financial Institution Member 1 5/7/14 Community At -Large Member 6 5/7/16 Community At -Large Member 7 5/7/15 Real Estate Chair 1 5/7/15 Community At -Large Member 1 5/7/15 Legal Member 1 5/7/14 Financial Institution Member 1 5/7/14 Community At -Large Member 1 5/7/15 Architect/Homebuilder Member 2 5/7/15 Engineer Member 75% 3/4 (1 exc.) 100% 4/4 100% 4/4 100% 4/4 100% 4/4 Name List of CCCIC/Loan Review Applicants September 13, 2016 District 1 AIM Work Address City Work Phone Category Ashley Bemis District 4 First Community Mortgage Community At -Large and 5325 Saratoga Blvd., Ste. 225 Corpus Christi TX 361-994-3983 Financial Institutions Martin L. Evans District 5 Freedom Investment Counsel LLC 101 North Shoreline Blvd., Ste. 560 Corpus Christi TX Community At -Large and Financial Institutions Leslie Marin District 5 YMCA of the Coastal Bend 417 S. Upper Broadway Community At -Large and Health Corpus Christi TX 361-882-1741 and Human Services Kenneth R. Scott District 5 USCG Community At -Large and Real Estate Agency BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Aug 10, COMMISSION OR COMMITTEE FOR THE 2016 Status: submitted Profile Ashley Bemis Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE Street Address Suite or Apt City State Postal Code District 4 What district do you live in? Primary Phone Alternate Phone Loan First Community Mortgage Officer Employer 5325 Saratoga Blvd Suite 225 Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State 78413 Work Address - Zip Code Ashley Bemis Page 1 of 5 3619943983 Work Phone ashley.bemis@1stnb.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Member of the CC Chamber and Kingsville Chamber Education, Professional and/or Community Activity (Present) Bachelors in Business Admin - Management Emphasis, over 11 years in the banking and financial industry. Volunteer for many community events as well as Habitat for Humanity, Ronald McDonald House, Blood drives, etc. Registered Voter? Yes r No Current resident of the city? Yes r No 11 If yes, how many years? Resume - BEMIS A N.docx Upload a Resume Please upload any additional supporting documents Demographics Ashley Bemis Page 2 of 5 Caucasian/Non-Hispanic Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ISI I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. lw I Agree Ashley Bemis Page 3 of 5 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * IW Financial Institutions Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Ashley Bemis Page 4 of 5 Question applies to SISTER CITY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * r Economic Development Sector r Greater Corpus Christi Hospitality Association r Port Industries of Corpus Christi r Corpus Christi Chamber of Commerce r Higher Education Institution r Advertising/Public Relations r Arts/Cultural Ashley Bemis Page 5 of 5 Ashley N. Bemis Results -oriented manager with more than nine years' experience in the customer service, retail, human resources, mortgage, and financial industry. A proven successful leader and team builder who uses exceptional planning and organizational skills to exceed business and financial goals. A skilled communicator with a reputation for motivating diverse groups of associates through innovation and teamwork to achieve exceptional results in key performance areas. PROFESSIONAL EXPERIENCE FIRST COMMUNITY MORTGAGE Mortgage Loan Officer/Originator June 2016 -Present Responsibilities as a mortgage loan officer and originator include the origination of high quality loans which meet FCMC guidelines, develop business relationships with local Real Estate agents and Builders, manage territory of First National Bank Texas and First Convenience banks; educating employees of FCM mortgage programs, develop contacts with Banks partner store management team, take customer loan applications, including pulling credit, conduct presentations to include First Time Home Buyer Seminars, realtor sales meetings, product training, etc., communicate with borrowers and real estate agents throughout the loan process, and issue and explain pre - qualification letters, disclosures and all other initial compliance documentation for borrower; includes Good Faith Estimates, Truth -In -Lending and APR. BANK OF AMERICA, NA Financial Center Manager Financial Center Operations Manager Relationship Manager February 2013 -June 2016 August 2009 -February 2013 February 2008 -August 2009 Responsibilities as Financial Center Manager include the overall management and operations of multiple Financial Centers in the Southeast Texas region for Bank of America. Provided leadership to a team of associates to ensure operational excellence, compliance with federal laws, and compensation goals are met, while ensuring customer satisfaction is always met. Achievements include: • Recruited qualified candidates, including interviewing, Immigration I-9 completion, and training across all levels of positions for multiple centers • Maintained loan pipelines for mortgage, small business, and dealer financial services in excess of $1,000,000 monthly • Coordinated and conducted ongoing training for Personal Bankers , Relationship Bankers, Sales and Service Specialists, and Teller Associates in an effort to expand their careers • Consistently made connections and contacts within the community to gain client relationships • Implemented a process of checks and balances to achieve operational excellence, validated by audit scores consistently above company and market goals • Ensured associate compliance and sales performance • Developed, managed, and analyzed multiple business and fmancial reports for center and market Ashley N. Bemis • Emphasized and personally -led customer -focused compensation approach, directly contributing to attainment of 110.00% or better value created score for Financial Center quarterly metrics WELLS FARGO BANK, NA Lead Service Representative Service Representative December 2006 -February 2008 October 2006- December 2006 Responsible for transaction approval, teller training and supervision, workflow scheduling, cash vault operations and handling compliance of audit operations and regulatory issues. EDUCATION Texas A&M University -Corpus Christi Bachelor in Business Administration - Management/Marketing ORGANIZATIONS HOLA (Hispanic or Latino Association) LEAD for Woman American Management Association (AMA) Corporate Executive Board (CEB) Parents and Caregivers Network (PCN) Corpus Christi Chamber of Commerce Ambassador Kingsville Chamber of Commerce Ambassador Corpus Christi Association of Realtors Affiliate Member Member Since 2009 Member Since 2009 Member Since 2015 Member Since 2015 Member Since 2015 Member Since 2016 Member Since 2016 Member Since 2016 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION Submit Date: Jul 05, OR COMMITTEE FOR THE 2016 Status: submitted Profile Martin L. Evans Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? AIRPORT BOARD, COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE, CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY, NUECES COUNTY TAX APPRAISAL DISTRICT, PLANNING COMMISSION, PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX 1111111111111111111111111 Street Address Suite or Apt City State Postal Code District 5 What district do you live in? Primary Phone Freedom Investment Counsel LLC Owner Alternate Phone 101 North Shoreline Blvd, STE 560 Work Address - Street Address and Suite Number Corpus Christi Work Address - City Martin L. Evans Page 1 of 5 TX Work Address - State 78401 Work Address - Zip Code Work Phone Marty@Freedom-ic.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) BS Political Science & History Ed, Texas A&I University Registered Voter? rr Yes r No Current resident of the city? r:Yes rNo 50 If yes, how many years? City _Board _Resume.doc Upload a Resume Please upload any additional supporting documents Martin L. Evans Page 2 of 5 Demographics Unknown Ethnicity Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. fJ I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. i•J I Agree Martin L. Evans Page 3 of 5 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * IW Financial Institutions Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY. Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT. Are you a resident and qualified elector* of the District (Nueces County)? c Yes c No Martin L. Evans Page 4 of 5 Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT. Have you resided in the District for at least 2 years? r1° Yes c No Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? 6- Yes r No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Are you a resident of the Port Authority district and an elector* of Nueces County? Yes c No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Have you been a resident of Nueces County for at least 6 months? IT Yes r No Question applies to SISTER CITY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * r- Economic Development Sector r Greater Corpus Christi Hospitality Association r Port Industries of Corpus Christi r Corpus Christi Chamber of Commerce r Higher Education Institution r Advertising/Public Relations r Arts/Cultural Martin L. Evans Page 5 of 5 MARTIN L. EVANS BACKGROUND: Following college graduation served as a career commissioned officer in the U. S. Army with leadership and management positions in a wide variety of demanding jobs throughout the United States, Europe, the Caribbean, and Central America. Following that, served as Pilot with a regional Part 135 air freight carrier in South Texas. Following that, served as a Financial Advisor and Investment Management Consultant with a major Wall Street Investment Firm. Small business owner in Corpus Christi for past 6 years. PAST POSITIONS & ACTIVITIES RELEVANT TO POSITION BEING SOUGHT: Service Platoon Leader U.S. Army Tank Battalion, Germany Leadership and supervision of 30+ soldiers; Responsible for a fleet of 30 medium trucks, fuel tankers & all terrain ammunition haulers; Logistical support of rations, fuel, supplies and ammunition to an armored tank battalion with 50 heavy tanks and 500+ personnel. Tank Battalion Inteligence Officer, US Army Germany Senior Staff Officer; Information gathering and analysis; Operational planing; Threat analysis; Force protection and operational security; combat readiness training Operations Officer, US Army Garrison, San Juan, Puerto Rico Command VIP breifing officer; Operational plans and training; Helicopter support to multiple military commands and government agencies in Puerto Rico and the US Virgin Islands; Disastor relief and humanitarian assistance operational support Installation Inspector General, US Army Ft. Sam Houston, Texas Personal advisor to the chief executive officer of a major military installation; Identified, analyzed and developed solutions for systemic problems related to the efficient management of a major military community with an annual operating budget in excess of $20 million. Investigated and reported to the commander on non -criminal complaints and allegations; Provided counseling and assistance on complex personal problems reported by employees and clients; budgeting oversight and internal controls Aviation Operations Staff Officer, US Army South, Panama (Operation Just Cause) Aviation issues briefing officer for Commander US Army South; Aviation operations planning and coordination at senior Army command; planned and participated in nation building operations to remote regions of Panama; Protocol escort officer for Secretary of the Army and U.S. Army Chief of Staff on two separate Command visits Aviation Batalion Executive Officer, US Army Honduras & El Salvador Coordinated downed aircraft and casualty recovery in a combat environment; Provided aviation support for International Election Monitors, El Salvador Nationl Reconciliation Elections 1991; Set up and maintained a remote communications relay network supporting aviation operations in a tropical mountainous region of Central America; Provided helicopter transport for medical teams on medical assistance missions to remote indigenous tribes of Honduras; Provided aviation support to US Embasys El Salvador and Honduras Financial advisor with a global investment firm. SKILLS SUMMARY: Excellent communications, written & verbal Multi level employee supervision experince Strategic planning and policy formulation Preparation and presentation of formal briefings Information analysis and reporting Project development and oversight Budgeting EXPERINCE: May 2009 — Present Financial planning and analysis Training and Teaching Computer and Internet savvy Marketing and sales P & L analysis Registered Principle/Owner — Freedom Investment Counsel LLC Established my own independent financial advisory practice to continue performing duties and responsibilities similar to those performed while employed in the financial services industry described below. Apr 1997- May 2009 Financial Advisor & Investment Management Consultant UBS PaineWebber, Corpus Christi, TX Developed new client relationships. Serviced clients in the areas of personal financial plans, employer sponsored retirement plans, securities and insurance sales. Supervised customer service and support staff. Achieved advanced professional designation as an Investment Management Consultant. Developed and maintained a personal business plan. Managed investment strategies in over 200 client relationships working to educate and assist clients in the investment decision making process. Daily activities include financial planning, investment performance analysis, marketing plan implementation, substantial client contact and frequent coordination with outside vendors or product managers. Assisted with new employee selection and training. Grew capital responsibility and personal production for six consecutive years. Current capital responsibility $30,000,000+. Trailing 12 month production $215,000. Awarded special corporate recognition in 1998 for qualifying in the top 10% of peer group for new accounts and new assets under management. Nov 1995 -Apr 1997 Account Executive, Dean Witter, Corpus Christi, TX New client development, securities sales and marketing. (See above) Jul 1994 -Jan 1997 Air Carrier Pilot, Part 135 Operations, Aero Pak, San Antonio, TX Pilot for an overnight air freight operator. Aug 1991 -Jul 1994 Aviation Division Chief, Fifth U.S. Army, Ft. Sam Houston, TX Supervised a 5 -person management evaluation team validating aviation organization's training, safety, standardization and maintenance programs in an eight -state area. Inspected compliance with established regulations and policies. Insured internal controls and budget expenditure reporting procedures. Participated in formulation of policy and operational plans. Provided oversight and inspection Jan 1991 -Aug 1991 Executive Officer, 4th BN 228th Aviation Regt., Soto Cano AB, Honduras Supervised a management team responsible for aviation operations in 5 Central American countries with 30 helicopters and 300 employees. Developed a goal oriented aviation maintenance management program, improving aircraft availability rates by over 10% allowing increased operating tempo. Developed and implemented organizational structure changes to enhance aviation support in Central America. Jan 1990 -Jan 1991 Aviation Operations Officer, U.S. Army South, Ft. Clayton, Panama Provided staff oversight and support of aviation operations for a major military headquarters during and after Operation Just Cause. Organized and conducted frequent formal decision briefings and informative presentations for senior executive leadership and high level political and government leaders. Selected principal escort officer for Secretary of the Army and U.S. Army Chief of Staff on two separate command visits. Utilized persuasive skills in the corporate decision process. Feb 1986 -Jan 1990 Inspector General, Headquarters USAG, Ft. Sam Houston, TX Personal advisor to the chief executive officer of a major military installation. Responsible for formulation and interpretation of policies and regulations. Established a systematic inspection program to insure compliance with prescribed operating procedures. Received, evaluated and recommended action on special issues raised by employees and customers. Identified, analyzed and developed solutions for systemic problems related to the efficient management of a major military community with an annual budget in excess of $20 million. Supervised 5 staff specialists. Computer skills and other Qualifications: Microsoft Office Suite Windows NT MS Word MS Excel Group one life & annuity insurance license Education: NASD Series 7 Series 63 ACT Contact Management data base MS PowerPoint Series 65 Series 31 Investment Management Consultant Internet savvy Graduated Calallen Highschool 1969, BS in Political Science & History ED, Texas A & I University, Distinguished Military Graduate; Army Command and General Staff College (graduate level). Investment Management Consultant program UBS PaineWebber. BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jun 10, COMMISSION OR COMMITTEE FOR THE 2015 Status: submitted Profile Leslie Marin Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE Street Address Suite or Apt City State Postal Code District 5 What district do you live in? Primary Phone Alternate Phone YMCA OF THE COASTAL BEND BUSINESS MANAGER Job Title 417 S. UPPER BROADWAY Work Address - Street Address and Suite Number CORPUS CHRISTI Work Address - City TX Work Address - State 78401 Work Address - Zip Code Leslie Marin Page 1 of 5 361-882-1741 Work Phone Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) MY EDUCATION INCLUDES A BBA FROM TEXAS A&M UNIVERSITY -CORPUS CHRISTI. IN THE PAST, I WORKED AT THE AMERICAN BANK CENTER AS THE ACCOUNTING MANAGER RESPONSIBLE FOR ALL FINANCIAL OPERATIONS AND WAS DIRECTLY INVOLVED IN REPORTING TO THE ASSISTANT CITY MANAGER ON A MONTHLY BASIS. I AM CURRENTLY THE BUSINESS MANAGER AT THE YMCA OF THE COASTAL BEND WHERE I AM RESPONSIBLE FOR ALL FINANCIAL OPERATIONS. MY COOMUNITY INVOLVVEMENT INCLUDES; FULL FINANCIAL RESPONSIBILITY AS WELL AS ASSISTED IN COORDINATING OF "CELEBRATIONS OF COLLABORATIONS WITH TIM TEBOW" EVENT, ASSISTED WITH SHOES FOR KIDS AND NORTHSIDE BACKPACK GIVEAWAY. VOLUNTEERED WITH BREAT CANCER ORGANIZATION, MIRACLE LEAGUE OF CORPUS CHRISTI, HABITAT FOR HUMANITY AND CORPUS CHRISTI FOOD BANK. Registered Voter? r:Yes cNo Current resident of the city? trYes No If yes, how many years? Leslie Marin Page 2 of 5 Upload a Resume Please upload any additional supporting documents Demographics Hispanic Ethnicity Female Gender Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Leslie Marin Page 3 of 5 Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 1? I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * I Health and Human Services Leslie Marin Page 4 of 5 Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Question applies to SISTER CITY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * r Economic Development Sector r Greater Corpus Christi Hospitality Association r Port Industries of Corpus Christi r Corpus Christi Chamber of Commerce r Higher Education Institution r Advertising/Public Relations r Arts/Cultural Leslie Marin Page 5 of 5 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Sep 30, COMMISSION OR COMMITTEE FOR THE 2015 Status: submitted Profile Kenneth R. Scott Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE, CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT, PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX, SISTER CITY COMMITTEE, WATERSHORE AND BEACH ADVISORY COMMITTEE Street Address Suite or Apt City State Postal Code District 5 What district do you live in? Primary Phone USCG Employer Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State ‘11.1mME Alternate Phone Marine Investigator Job Title Kenneth R. Scott Page 1 of 5 78411 Work Address - Zip Code Work Phone ro b. s cott@ co l dwe l l ba n ke r. co m Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not serve on other City boards, commissions or committees. Education, Professional and/or Community Activity (Present) Retiring from United States Coast Guard - 20 years, as Marine Investigating Officer. Studied Landscape Architecture at Virginia Polytechnic Institute and State University (VA Tech) 1991-1995 Studied Military Technical Leadership and Applied Electronics at Thomas Edison State University 2012-2013 Completed Real Estate License Courses and received Salesperson License in June, 2015. Registered Voter? 4Yes r'No Current resident of the city? Yes c No 15 months If yes, how many years? ROB RESUME.docx Upload a Resume Please upload any additional supporting documents Kenneth R. Scott Page 2 of 5 Demographics Caucasian/Non-Hispanic Ethnicity Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. fJ I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. i•J I Agree Kenneth R. Scott Page 3 of 5 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * IW Real Estate Agency Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Are you a resident of the Port Authority district and an elector* of Nueces County? fr Yes r`No Kenneth R. Scott Page 4 of 5 Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Have you been a resident of Nueces County for at least 6 months? Yes r No Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * 14 None of the above Question applies to SISTER CITY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * r Economic Development Sector r Greater Corpus Christi Hospitality Association r Port Industries of Corpus Christi r Corpus Christi Chamber of Commerce r Higher Education Institution r Advertising/Public Relations r Arts/Cultural Kenneth R. Scott Page 5 of 5 Specialty Areas KENNETH R. SCOTT,LT,USCG • Microsoft Office Applications rsonality/People Skills • Innovative Data Compilation/Storing tention to detail • Time Management pedient problem solver Bachelor's of Landscape Architecture Education is Institute and State University • Internstup at Shriver and Holland Architects, Norfolk, VA 3 hours remain • Internship at Anderson & Associates, Inc. Civil Engineering/Survey, Blacksburg, VA Associates Applied Electrical Technology Credits complete Thomas Edison State College, NJ Experience sociate Coldwell Banker, Pacesetter Steel Realtors • Texas Licensed Realtor® • Member, National Association of Realtors® • Member, Texas Association of Realtors® Member, Corpus Christi Association of Realtors® Investigations Division Chief, Freedom of Information Act Officer USCG Sector Corpus Christi, TX June 2015 to present July 2014 to present • Carried large investigation load as only investigator in four person division for first six months after assignment. • Frequent and expedient collaboration with Response Department upon detection of illegal passenger vessel operations or other activity by individuals suspected to be in violation of federal law or regulation. • Exercised continuous public and industry outreach to discuss changes in applicable laws and regulations to ensure that all operators in the area of responsibility were in compliance. • Worked closely with various company representatives; established rapport that afforded quick communication of emergent issues and personnel violations over which, the Coast Guard has jurisdiction. Investigations Division Chief, Freedom of Information Act Officer USCG Sector Sault Sainte Marie, MI July 2011 to June 2014 • As sole marine investigator conducted more investigations than any other unit in District Nine in the Great Lakes Area; all other units had multiple investigator billets. • Led and documented multiple CG personnel administrative inquiries/investigations. Considered �f, Sector Intelligence, Experience urity Officer Cont'd ampton Roads, Portsmouth, VA August 2008 to June 2011 ed 1 Civilian and 3 active duty (2 officers, one enlisted) ted Intelligence Information from human sources through consent based interviews zed and created intelligence reports d/disseminated threat assessments during various events ted risk assessment, coordination with outside agencies aw personnel security background completions during HSPD12 for more than 700 personnel with any/all personnel issues affecting security clearances; reported to CG Security Center one civilian in 2010 ersed in Human Resource procedures and regulations lty Investigator ervices Officer ampton Roads, Norfolk, VA June 2005 to August 2008 cted interviews with persons involved with marine casualties, drug/alcohol use, and olation of law or an act of negligence arly represented CG at administrative hearings to seek sanction against offending CG ties ulously prepared case work for all investigations and hearings d closely with attorneys and local police detectives ed REID Interview Techniques Seminar ty Investigation Case Reviewer December 2003 to June 2005 arters, Washington D.C. wed and approved casualty investigation case work for entire CG • Real Estate License No. 657447, National Association of Realtors, Texas Association of 7orpus Christi Association of Realtors Awards, oast Guard Commendation Medal, Coast Guard Achievement Medal, Navy Achievements, ;nt Medal ;O 9000 — Trained Quality Auditor Certifications & ualified Marine Investigator, Enforcement Investigator, Suspension and Revocation ir, Suspension and Revocation Hearing Investigator and Small Passenger Vessel auucuapier T) Inspector AGENDA MEMORANDUM Future Item for the City Council Meeting of September 13, 2016 Action Item for the City Council Meeting September 20, 2016 DATE: September 13, 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 Lease -Purchase of 11 Ford Escape Vehicles CAPTION: Motion approving the lease -purchase of 11 Ford Escape vehicles from Caldwell Country Ford -Chevrolet, Caldwell, Texas for a total amount not to exceed $236,374.15. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative (TLGPC), dba BuyBoard. Total Lease -Purchase Price: Total Allowable Interest for Lease: Grand Total: $221,511.00 $14,863.15 $236,374.15 PURPOSE: This item is to approve the lease -purchase of 11 Ford Escape vehicles. BACKGROUND AND FINDINGS: These vehicles will be used by Code Enforcement Compliance Officers in the performance of their duties throughout the City and keep pace with efforts to continue to modernize the Code Enforcement Division fleet. The 11 Ford Escape vehicles will be replacement vehicles and will not increase the fleet. 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. ALTERNATIVES: N/A OTHER CONSIDERATIONS: Financing for the lease -purchase of the 11 Ford Escape vehicles is based on a sixty month term with an estimated interest rate of 2.50% for an annual payment of $47,275. The total estimated cost over the five-year period, including principal of $221,511.00 and interest of $14,863.15, is $236,374.15. A not to exceed tolerance of $500.00 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: 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 $52,500.00 $236,374.15 $288,874.15 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $0.00 $236,374.15 $236,374.15 BALANCE $52,500.00 $0.00 $52,500.00 Fund(s): General Fund — Code Enforcement Comments: 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 2017 FORD ESCAPE S MODEL BUYBOARD FEE QTY. UNIT 11 EA 1 EA PRICE SHEET FORD ESCAPE TLGPC BID 430-13 CALDWELL COUNTRY AUTOMOTIVE HOUSTON, TEXAS UNIT PRICE $20,101.00 $400.00 Total Price Allowable Interest Grand Total EXTENDED PRICE $221,111.00 $400.00 $221,511.00 $14,863.15 $236,374.15 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 13, 2016 Action Item for the City Council Meeting September 20, 2016 DATE: September 13, 2106 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief RRocha@cctexas.com (361) 826-3932 Maria Pedraza, Procurement Manager mariape@cctexas.com (361) 826-3176 Supply Agreement for Fire Department Medications CAPTION: Motion approving the Supply Agreement for Fire Department Medications from Life - Assist, Inc. Rancho Cordova, California for a total contract amount of $163,867.84. The award is based on the lowest, responsive, responsible bidder. Funds have been budgeted by the Fire Department in FY 2016-2017. The term of this contract will be for one year. PURPOSE: This item is to approve the Supply Agreement for Fire Department Medications. BACKGROUND AND FINDINGS: The majority of calls from 911 routed to the Corpus Christi Fire Department (CCFD) are requests for Emergency Medical Services. As such, various pharmaceuticals are needed to provide intervention and support to citizens found with cardiac issues, diabetic emergencies, seizure activity, overdoses, etc. These medications are carried by CCFD ambulances and fire apparatus responsible for emergency response. The CCFD does not have a current supplier for medications. The pharmaceuticals purchased through Life Assist, Inc. will allow the CCFD to continue operating in an Advanced Life Support (ALS) capacity. This supply agreement will supply needed medications to the response fleet for 12 months. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Fire Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fund(s): General Fund Comments: Funding for the purchase has been approved in the FY 2016-2017 budget. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement. Bid Tabulation. Project to Date Fiscal Year: 2015- Expenditures Current 2016 (CIP only) Year Future Years TOTALS Line Item Budget $470,924.69 $163,867.84 $634,792.53 Encumbered / Expended Amount $418,618.87 $0.00 $418,618.87 This item $0.00 $163,867.84 $163,867.84 BALANCE $52,305.82 $0.00 $52,305.82 Fund(s): General Fund Comments: Funding for the purchase has been approved in the FY 2016-2017 budget. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement. Bid Tabulation. Item No. City of Corpus Christi Purchasing Division Buyer: Michael Gutierrez Description Est. Annual QTY. BID EVENT NO.150 Corpus Christi Fire Department BID TABULATION Henry Schein, Inc.** Irmo, South Carolina Medications Life -Assist, Inc. Rancho Cordova, California Basileia Group, Inc. Houston, Texas Unit Price Total Unit Price Total Unit Price Total 1 ADENOSINE 6mg/2m1 60 $57.36 $3,441.60 $60.00 $3,600.00 $94.50 $5,670.00 2 ALBUTEROL 2.5 mg/3m1 48 $12.00 $576.00 $6.30 $307.20 $5.25 $252.00 3 ASPRIN 81mg/1 tablet 288 $0.78 $224.64 $1.08 $311.04 $1.00 $288.00 4 ATROPINE SULFATE 1mg/5m1 720 $15.81 $11,383.20 $11.60 $8,352.00 $105.99 $76,312.00 5 CA GLUCONATE 10% IV 1 gm/10m1 12 $351.26 $4,215.12 $249.00 $2,988.00 $255.99 $3,071.88 6 CA GLUCONATE 2.5% GEL 25g/1 tube 120 $90.38 $10,845.60 $36.00 $4,320.00 7 DEXTROSE 50% 25g/50m1 84 $119.28 $10,019.52 $68.00 $5,712.00 $87.99 $7,391.16 8 DIAZEPAM 10mg/2m1 24 $435.32 $10,447.68 $314.00 $7,536.00 $338.99 $8,135.76 9 DIPHENHYDRAMINE 50mg/1m1 24 $37.28 $894.72 $24.50 $588.00 $28.75 $690.00 10 DOPAMINE 200mg/5m1 12 $105.57 $1,266.84 $68.50 $822.00 $83.59 $1,003.08 11 EPINEPHRINE 1:1000 1mg/1m1 12 $625.46 $7,505.52 $375.00 $4,500.00 $435.39 $5,224.68 12 EPINEPHRINE 1:10,000 1mg/10m1 84 $86.66 $7,279.44 $50.00 $4,200.00 $62.39 $5,240.76 13 FUROMESIDE 40mg/4m1 24 $210.15 $5,043.60 $121.00 $2,904.00 $177.89 $4,269.36 14 GLUCAGON 1mg/1m1 240 $341.25 $81,900.00 $188.75 $45,300.00 $242.10 $58,104.00 15 GLUCOSE PASTE 15g 504 $1.00 $504.00 $3.75 $1,890.00 $3.89 $1,960.56 16 LABETALOL 20mg/4m1 36 $119.28 $4,294.08 $75.00 $2,700.00 $88.99 $3,203.64 17 LIDOCAINE 100mg/5m1 84 $48.43 $4,068.12 $28.00 $2,352.00 $42.19 $3,543.96 18 LIDOCAINE (PRE -MIXED) 2g/500m1 5 $252.66 $1,263.30 $195.00 $975.00 $218.00 $1,090.00 19 MAGNESIUM SULFATE 50% 5g/10m1 12 $86.56 $1,038.72 $63.00 $756.00 $68.39 $820.68 20 METHYLPRED 40mg/1m1 600 $16.77 $10,062.00 $4.94 $2,964.00 $213.00 $127,800.00 21 METHYLPRED 125mg/2m1 24 $395.99 $9,503.76 $235.00 $5,640.00 $453.00 $10,872.00 22 NALOXONE 2mg/2m1 84 $660.49 $55,481.16 $356.25 $29,925.00 $476.00 $39,984.00 23 LAM 5mg/5m1 smg/sm 24 $18.41 $441.84 $30.00 $720.00 $11.50 $276.00 24 MORPHINE SULFATE 10mg/2m1 48 $34.82 $1,671.36 $39.20 $1,881.60 $23.49 $1,127.52 25 NITROSTAT SPRAY 0.4mg/60m dose 120 $260.19 $31,222.80 $153.00 $18,360.00 $187.06 $22,447.20 26 ONDANSETRON 4mg/2m1 60 $27.42 $1,645.20 $16.00 $960.00 $6.10 $366.00 27 SODIUM BICARBONATE 50mEq/50m1 240 $16.61 $3,986.40 $9.60 $2,304.00 $149.00 $35,760.00 Allowance: Expedited Deliveries $1,000.00 $1,000.00 $1,000.00 Total $4,427.19 $281,226.22 $2,782.47 $163,867.84 $3,860.43 $425,904.24 **Henry Schein is deemed non responsive due to not submitting all required documents with their bid response. SUPPLY AGREEMENT NO. 150 Corpus Christi Fire Department Medications THIS Corpus Christi Fire Department Medications Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Life -Assist, Inc ("Supplier"), effective for all purposes upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Corpus Christi Fire Department Medications in response to Request for Bid No. 150 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Corpus Christi Fire Department Medications in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 12 months. This Agreement includes an option to extend the term for up to zero additional zero -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Supplier and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $163,867.84, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 1 of 7 this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Mickie Flores -Battalion Chief Fire Department Phone: 361-826-3941 Email: mickief@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, 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 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. The Supplier 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 Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 2 of 7 Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not 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. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 3 of 7 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier 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. 16. Notice. Any notice required under this Agreement 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 postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Mickie Flores Battalion Chief 1201 Leopard St. Corpus Christi, Texas 78401 Fax: 361-826-3968 IF TO SUPPLIER: Life -Assist, Inc Attn: Cherise Akers Contract Manager Address:1 1277 Sunrise Park Drive, Rancho Cordova, California 95742 Fax: 800-290-9794 17. SUPPLIER 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 WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 4 of 7 CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. SUPPLIER 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 THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier 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 for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 5 of 7 but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Supplier's bid response (Exhibit 2) 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. 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 the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. 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. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 7 SUPPLIER Signature: Printed Name: Cherise Akers Title: Contracts Manager 9/6/16 Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 150 Exhibit 2: Supplier's Bid Response City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 7 of 7 ATTACHMENT A- SCOPE OF WORK Section 4 - Scope of Work 4.1 General Requirements The Contractor will provide medications in accordance with the specifications listed herein. These medicines will be utilized by the Corpus Christi Fire Department, Emergency Medical Services (EMS) technicians, to treat patients. This term contract will provide unit pricing for specified items to be purchased on an "as needed" basis by the Emergency Medical Services (EMS) Division of the Corpus Christi Fire Department. 4.2 Scope of work 1. Delivery Contractor shall make inside delivery to City locations within five calendar days to the addresses specified. All prices will be quoted F.O.B. destination, inside delivery to City of Corpus Christi facility, freight prepaid. Expedited forty-eight hour delivery services may be required in some instances; therefore, Contractor must be able to provide such service. Additional freight will be paid only when the City has made a request for expedited delivery. Delivery, as used in this section, means the goods ordered and received by the City. Receipt of goods that do not conform to specifications will not be accepted by the City. Contractor understands and agrees that the City may, at its discretion, cancel any backorders due to the Contractor's inability to deliver the product within the five calendar day stipulation. Cancelations shall be in writing and sent to Vendor by email, fax, or mail. No restocking fee or payment of any kind shall be owed for orders canceled due to Contractor's inability to meet the five day delivery deadline. Returns to Contractor of late orders received after the cancellation notice has been sent shall be at Contractor's expense. The City may seek the products from another party if Contractor fails to deliver on time. Delivery must be made during normal working hours, Monday through Friday, 8:00 a.m. to 5:00 p.m. C.T. 2. Defective Goods Contractor shall pay for return shipment on any goods that arrive in a defective, unusable or inoperable condition. Contractor must arrange for the return shipment of damaged goods. 3. Product Expiration Contractor shall provide medical supplies with a minimum expiration date of 12 months after the delivery date. Any materials delivered with an expiration date of Page 13 of 15 RFB Template 4.15.16 less than 12 months will be returned to Contractor for credit or replacement at Cotnractor's expense. 4. Discontinued Items In the event that a manufacturer discontinues particular product(s), the City may allow Contractor to provide a substitute for the discontinued product(s) or delete the product(s) from the contract altogether. If Contractor requests permission to substitute a new product, Cotnractor shall provide the following to the City: a. Documentation from the manufacturer that the product has been discontinued. b. Documentation that names the replacement product. c. Documentation that provides clear and convincing evidence that the replacement product meets or exceeds all specifications of the original product. d. Documentation that provides clear and convincing evidence that the replacement product will be compatible with all the functions or uses of the discontinued product. e. Documentation confirming that the price for the replacement is the same as or less than the discontinued product. f. These provisions related to product discontinuance apply only to products specifically listed in this solicitation document. 4.3 Special Instructions Monthly orders of required medications (except for controlled medications listed below in special instructions section), will need to be shipped to: Corpus Christi Fire Department Attention: EMS Supply Coordinator 1501 Holly Road Corpus Christi, Texas, 78417 *AII controlled medications to be shipped as per DEA regulations to address on DEA Certificate. Controlled Medication: RFB Template 4.15.16 Corpus Christi Fire Department 2406 Leopard Street, Suite 300 Corpus Christi, Texas 78408 *Diazepam (Valium) *Midazolam (Versed) *Morphine Sulfate Page 14 of 15 ATTACHMENT B-BID/PRICING SCHEDULE Date: CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB NO. 150 Corpus Christi Fire Department Medications 7/22/16 Authorized Bidder: Life -Assist, Inc. Signature: 7 t ,4teA/- 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. item, Description Est, Annual Quantity. (A) unit Price CB) , Total (Ax B) 1 ADENOSINE 6mg/2m1 NDC # 25021-301-02 Packaged: 10 vial/Carton . 60 $ 60.00 PK -10 $ 3,600.00 2 ALBUTEROL 2.5 mg/3m1 NDC# 0487-9501-01 Packaged: 30 pouch/Carton 48 $6.30 PK -30 . $307.20 3 . ASPRIN 81mg/1 tablet NDC# 0904-4040-73 Packaged: 36 tabs/bottle 288 $ 1.08 BT -36 $ 311.04 4 ATROPINE SULFATE 1 mg/5m1 NDC# 0409-4910-34 Packaged: 1 syringe/Carton 720 $11.60 EA $8,352.00 Bid as I each but sold in box -10 for $116.00 ,Bid as 1 each but sok is packs of2 for $72.00 Bid as BOX 25 but sold in case-50 for $137.00 Item Description Est, Annual Quantity (A) Unit Price (B) Total (A x B) 5 CA GLUCONATE 10% IV 1 gm/10m1 NDC# 63323-311-19 Packaged: 25 vial/Tray 12 $249.00 PK-25 $2,988.00 6 CA GLUCONATE 2.5% GEL 25g/1 tube NDC# N/A Packaged: N/A 120 $ 36.00 EA $4,320.00 7 DEXTROSE 50% 25g/50m1 NDC# 0409-7517-16 Packaged: 10 syringe/Container 84 $ 68.00 BX-10 $ 5,712.00 8 DIAZEPAM 10mg/2m1 NDC# 0409-1273-32 Packaged: 10 cartridge/Carton 24 $314,00 BX-10 $7,536.00 9 DIPHENHYDRAMINE 50mg/ 1 ml NDC# 0641-0376-25 Packaged: 25 vial/Package 24 $24.50 BX-25 $588.00 10 DOPAMINE 200mg/5m112 NDC# 0409-5820-01 Packaged: 25 vial/Tray $ 68.50 BX-25 $822,00 11 EPINEPHRINE 1:1000 1 mg/l ml NDC# 42023-159-25 Packaged: 25 vial/Carton 12 $375.00 BX-25 $ 4,500.00 12 EPINEPHRINE 1:10,000 1 mg/10m1 NDC# 0409-4921-34 Packaged:10 syringe/Package $4 $ 50.00 BX-10 $ 4,200,00 13 FUROMESIDE 40mg/4m1 NDC# 0409-6102-04 Packaged: 25 vial/Tray 24 $121.00 BX-25 $ 2,904.00 14 GLUCAGON l mg/ 1 ml NDC# 0597-0260-10 Packaged: 1 kit/Per kit 240 $188.75 EA $45,300.00 item Description . Est. Annual Quantity (A) Unit Pnce tg}:... Total (A x B) 15 GLUCOSE PASTE 15g NDC# N/A Packaged: N/A 504 $ 3.75 EA $ 1,890.00 16 LABETALOL 20mg/4m1 NDC# 0409-2339-34 Packaged: 10 cartridge/Package 36 $75.00 BX -10 $ 2,700.00 17 LIDOCAINE 100mg/5m1 NDC# 0409-4903-34 Packaged: 10 syringe/Container 84 $ 28.00 BX -10 $2,352.00 18 LIDOCAINE (PRE -MIXED) 2g/500m1 NDC# 0264-9594-10 Packaged: 24 contanier/Case 5 $195.00 CS -24 $975.00 19 MAGNESIUM SULFATE 50% 5g/10m1 NDC# 63323-064-10 Packaged: 25 vial/Tray 12 $63.00 BX -25 $ 756.00 20 METHYLPRED 40mg/1 ml NDC# 0009-0047-25 Packaged: N/A sold by bx/25 600 $ 4.94 ea $ 2964.00 21 METHYLPRED 125mg/2m1 NDC# 0009-0047-22 Packaged: 25 vial/Carton 24 $235.00BX-25 $ 5,640.00 22 NALOXONE 2mg/2m1 NDC# 76329-3369-1 Packaged: 10 syringe/Box 84 $ 356.25 BX -1C $ 29,925.00 23 MIDAZOLAM 5mg/5m1 NDC# 0409-2305-05 Packaged: 10 vial/Carton 24 $ 30.00 BX -10 $720.00 24 MORPHINE SULFATE 10mg/2m1 NDC# 0409-1893-01 Packaged: 10 cartridge/Carton 48 $ 39.20 BX -10 $1,881.60 item Description Est. Annual Quantity (A) Unit Price $ � .) : Total (A x 13) 25 NITROSTAT SPRAY 0.4mg/60m dose NDC# 45802-210-01 Packaged: 1 bottle/Carton 120 $153.00 EA $ 18,360.00 26 ONDANSETRON 4mg/2m1 NDC# 0409-1120-11 Packaged: 10 syringe/Carton 60 $16.00 BX -10 $ 960.00 27 SODIUM BICARBONATE 50mEq/50m1 NDC# 0409-6637-34 Packaged: 50m1/1 Syringe 240 $9.60 EA $ 2,304.00 Allowance: Expedited deliveries for Medications is to be issued by the Contract Administrator via task orders. 1 $1,000.00 $1,000.00 TOTAL 7/1 $ 163,867.84 ATTACHMENT C- INSURANCE REQUIREMENTS No Insurance Requirement is necessary for this Supply Agreement. ATTACHMENT D- WARRANTY REQUIREMENTS No warranty is required for the Supply Agreement. Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 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: 2016-88917 Date Filed: 07/21/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Life-Assist, Inc. Rancho Cordova, CA 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. 150 Corpus Christi Fire Department Medications 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. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. / p �f l - /a- (lij /SP-'T J � ° `�'J e P. HUYNH 0 -_:-,y. s 'c-, CMM. # 2103317 ; Q".ii:.'HwN0CRAMENTPUBLIC-CALIFORNIA!Yt/ '+?;,,�j;r�' SACRAMENTO COUNTY A COMM. EXPIRES MARCH 15.201@ i Signature of authorized agent of contracting business entity D �r� C �/� `tom l 7sC /I kt.N 4 , this the D-a- day of _rut. .. _ _ AFFIX NOTARY STAMP Sword :o and subscribed 20 1 40 , to certify which, .� _ _ .> ,. _ .� / SEAL ABOVE f� before me, by the said ('J witness my hand and seal of office. l 1-1 N rift/19 li 6 Si n tune of o r a rin oath Printed name of offic r administering oath 9 9 Title of officdr administering oath 9 Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 13, 2016 Action Item for the City Council Meeting September 20, 2016 DATE: September 13, 2016 TO: Margie C. Rose, City Manager FROM: Stacie Talbert, Interim Director of Parks and Recreation StacieT@cctexas.com (361) 826-3476 Maria Pedraza, Procurement Manager mariape@cctexas.com (361) 826-3176 Services for Palm Tree Trimming CAPTION: Motion approving the Service Agreement for Palm Tree Trimming Services from Woodstock Tree Surgeons Corpus Christi, Texas for a total amount of $148,605.00. The award is based on the lowest, responsive, responsible bidder. Funds have been budgeted by Parks and Recreation Department in FY 2016-2017. The term of this contract will be for 12 months with options to extend for four additional 12 month periods, at the sole discretion of the City. PURPOSE: This item is to approve the Service Agreement for Palm Tree Trimming Services for 2,257 palm trees at various locations throughout the City of Corpus Christi. BACKGROUND AND FINDINGS: Palm Tree Trimming is a component of the Parks and Recreation Tree Maintenance program. Under this contract, 1,568 palm trees will be trimmed twice per year and 689 palm trees will be trimmed once per year. This contract will allow in-house horticulture crews to concentrate on tree planting and maintenance activities within parks and other playable spaces. It is a step towards meeting Goal #2: Enhance the Experience of Visiting Parks and Recreation Facilities for All Residents of the, "2012 Parks and Recreation Master Plan", which was established in response to comments that the parks do not provide enough shade and are uninviting during the hottest months of the year. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $121,892.58 $148,605.00 $270,497.58 Encumbered / Expended Amount $80,835.40 $0.00 $80,835.40 This item $0.00 $148,605.00 $148,605.00 BALANCE $41,057.18 $0.00 $41,057.18 Fund(s): Parks Operations Comments: Funding will be requested in future years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation Item No. City of Corpus Christi Purchasing Division Buyer: Michael Gutierrez Description Est. Annual QTY. BID EVENT Palm Tree Trimming Services BID TABULATION Cut Master Lawn Services** Corpus Christi, Texas No. 147 Woodstock Tree Surgeons Corpus Christi, Texas Valleywide Tree Trimming, LLC Brownsville, Texas Unit Price Total Unit Price Total Unit Price Total 1 Palm Tree Trimming Group 1 167 $50.00 $8,350.00 $45.00 $7,515.00 $40.00 $6,680.00 2 Palm Tree Trimming Group 2 260 $50.00 $13,000.00 $45.00 $11,700.00 $40.00 $10,400.00 3 Palm Tree Trimming Group 2A 260 $50.00 $13,000.00 $30.00 $7,800.00 $40.00 $10,400.00 4 Palm Tree Trimming Group 3 331 $50.00 $16,550.00 $45.00 $14,895.00 $40.00 $13,240.00 5 Palm Tree Trimming Group 3A 331 $50.00 $16,550.00 $30.00 $9,930.00 $40.00 $13,240.00 6 Palm Tree Trimming Group 4 91 $50.00 $4,550.00 $45.00 $4,095.00 $40.00 $3,640.00 7 Palm Tree Trimming Group 4A 91 $50.00 $4,550.00 $30.00 $2,730.00 $40.00 $3,640.00 8 Palm Tree Trimming Group 5 373 $50.00 $18,650.00 $45.00 $16,785.00 $40.00 $14,920.00 9 Palm Tree Trimming Group 5A 373 $50.00 $18,650.00 $30.00 $11,190.00 $40.00 $14,920.00 10 Palm Tree Trimming Group 6 196 $50.00 $9,800.00 $45.00 $8,820.00 $40.00 $7,840.00 11 Palm Tree Trimming Group 6A 196 $50.00 $9,800.00 $30.00 $5,880.00 $40.00 $7,840.00 12 Palm Tree Trimming Group 7 198 $50.00 $9,900.00 $45.00 $8,910.00 $40.00 $7,920.00 13 Palm Tree Trimming Group 8 317 $50.00 $15,850.00 $45.00 $14,265.00 $40.00 $12,680.00 14 Palm Tree Trimming Group 8A 317 $50.00 $15,850.00 $30.00 $9,510.00 $40.00 $12,680.00 15 Palm Tree Trimming Group 9 142 $50.00 $7,100.00 $45.00 $6,390.00 $40.00 $5,680.00 16 Palm Tree Trimming Group 10 182 $50.00 $9,100.00 $45.00 $8,190.00 $40.00 $7,280.00 Total $800.00 $191,250.00 $630.00 $148,605.00 $640.00 $153,000.00 **Cut Master Lawn Services is deamed non responsive due to not submitting all required documents with their bid response. SERVICE AGREEMENT NO. 147 Palm Tree Trimming Services THIS Palm Tree Trimming Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Rolland G. Hyatt, Jr., doing business as Woodstock Tree Surgeons ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Palm Tree Trimming Services in response to Request for Bid/Proposal No. 147 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Palm Tree Trimming Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to four additional 12 -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $148,605.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 1 of 8 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. The City's Contract Administrator for this Agreement is as follows: Joshua Wentworth Parks and Recreation Phone: 361-826-3483 Email: JoshuaW@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, 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 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 2 of 8 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. 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, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not 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. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 3 of 8 however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 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. 16. Notice. Any notice required under this Agreement 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 postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joshua Wentworth Title: Superintendent Address: 1201 Leopard St. Corpus Christi, Texas 78401 Fax: 361-826-3864 IF TO CONTRACTOR: Woodstock Tree Surgeons Attn: Rolland G. Hyatt Jr. Title: Owner Address: 2550 Rodd Field Rd. Corpus Christi, Texas 78414 Fax: 361-992-4808 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 4 of 8 17. 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 WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. 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 THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 5 of 8 (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor 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 had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. 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 the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 6 of 8 all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 7 of 8 Printed Name: OLL r c) s 1 A err tz Title: C e -12 - Date: Date: Q)-3 6)- CITY )_ CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 147 Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 8 of 8 ATTACHMENT A -SCOPE OF WORK Palm Tree Trimming Services 4.1 General Requirements/Background Information The Contractor shall provide Palm Tree Trimming Services as outlined in this Scope of Work and in accordance with ANSI A300. 4.2 Scope of work - Palm Tree Trimming A. The Contractor shall trim all palm trees in Groups 1, 7, 9 and 10 once per year and in Groups 2, 3, 4, 5, 6 and 8 twice per year. See Exhibit "A" for list and maps. The "A" designation behind each Group in the Bid Form represents that it's the second trimming of that Group. B. The Contractor shall maintain all trees in a healthy, vigorous growing condition, free from disease and large concentrations of pests. C. The Contractor shall discard all palm tree trimmings off-site using a legal method. D. The Contractor shall sterilize the cutting blades on pruning shears, clippers, blades, saws, etc. after pruning each tree to minimize the possibility of spreading disease. When pruning trees known or suspected to be diseased, cutting blades shall be sterilized after each cut. Sterilize blades by dipping them in a solution of one part bleach and nine parts water or heavily spray them with a disinfectant spray, such as Lysol. After dipping or spraying, wait 20 seconds before using again. 4.3 Work Site and Conditions A. The work shall be performed at locations throughout the City as defined by group. See Exhibit "A" for locations. B. Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall prune trees only in appropriate months and in accordance with ANSI A300. Changes in such work schedules must be approved by the City. C. Work Hours: The Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday trimming will require approval from the Contractor Administrator to ensure there is no interference with activities, rentals or special events. D. Non -Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. E. For Ozone Warning Days the following restrictions apply: 1 No use of chain saws, pole saws, motor scooters and other small engines will be allowed. 2. Diesel powered trimming equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the Contractor has made contact with the Contract Administrator, or designee, and received permission to proceed with work order. 3. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the Contractor has made contact with the Contract Administrator, or designee and received permission to proceed with work order. 4.4 Traffic Control The Contractor shall follow all traffic regulations in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials, devices and safety vests are required to protect the tree trimmers and the traveling public. 4.5 Equipment A. All tree maintenance equipment must have safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. All equipment shall be kept in good operating condition and shall be maintained to provide a clean sharp cut of vegetation at all times. All equipment shall be approved by the Contract Administrator. B. Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract Administrator or designee. The Contractor shall not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all Applicable City, State, and Federal Regulations. 4.6 Safety Requirements A. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests will be required to protect the trimmers and the traveling public and will be furnished by the Contractor. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes there to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly, but shall be subsidiary to the various bid items of this contract. B. The Contractor and all related employees shall attend an orientation prior to beginning any work. 5352 Ayers St. Bldg. 4 Corpus Christi, Texas 78415 4.7 Security and Protection of Property A. Security Requirements: 1. The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract Administrator. B. Protection of Property: 1 The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and in case of any damage resulting from any act or omission on the part of or on behalf of the Contractor, he shall restore at his own expense the damaged property to a condition similar or equal to that existing before such damage was done, or he shall make good such damage in all acceptable manner. 2. All damages which are not repaired or compensated for by the Contractor will be repaired or compensated for by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. 4.8 Notifications and Inspections A. Each Monday morning prior to 8:00 a.m., the Contractor shall call or email the assigned Contract Administrator indicating the locations and work being performed that week. No work shall be done without proper, prior notification. B. When a location is completed, the assigned City Inspector shall inspect the site and either approve the work or advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct any discrepancies within one working day. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified and a $25 re -inspection fee will be charged for a third inspection. At that time, the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. C. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees. D. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. E. A 1 5% fee will be due for work not conforming to ANSI Palm tree trimming standards in all areas. F. The Contractor shall replace any trees found to be dead due to improper trimming with plant material of identical species at the Contractor's expense. Replacement trees shall equal in size to the originally installed tree at the time it was planted at the site. In no case shall replacement trees be less than #24 box size as defined by the American Nursery Association. G. Replacement trees shall be approved for size and appearance by the City prior to planting. Replacement trees shall be double staked with two inches (5 cm) diameter stakes unless otherwise approved by the City. Place six slow-release fertilizer tablets in backfill material, evenly spaced around root ball, but not touching the root ball. Remove tree stakes from trees when the trunks are larger than two inches (5 cm) caliper and the trees are able to support themselves. Remove stakes from site and dispose of by a legal method. Recycle used stakes if possible. H. In locations where irrigation is not installed tree bags will be used on newly planted trees for a time period of 2 years for establishment. Trees with smaller calipers will be hand water for a time period of 2 years for establishment. I. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. If the Contractor fails to replace the plantings according to instruction of the Contract Administrator, the Contractor agrees that the City may replace and reduce the Contractor payment by the amount of cost of replacement planting. ATTACHMENT B-BID/PRICING SCHEDULE CITY OF CORPUS CHRISTI PURCHASING DIVISION BID FORM RFB No. 147 Palm Tree Trimming Services lAtIddiondc. a-ee SuleoaS Item Description UNIT QTY Unit Price Total Price 1 Palm Tree Trimming Group 1 EA 167 4 LtS 4 1S u° 2 Palm Tree Trimming Group 2 EA 260 4 ('I` ' 1 1 kit-100°fi 3 Palm Tree Trimming Group 2A EA 260 * 30ce # 'l,i6c0 4 Palm Tree Trimming Group 3 EA 331 $ `Sc 3 5 Palm Tree Trimming Group 3A EA 331 4 30 ' * C1,13°1 6 Palm Tree Trimming Group 4 EA EA 91 91 t V ` 4 4704lce 7 Palm Tree Trimming Group 4A 1 * A130' 8 Palm Tree Trimming Group 5 EA 373 4 'i- 1 \ (Q i �.�-(i7 ' 9 Palm Tree Trimming Group 5A EA 373 4 yy.i, 4 tk, 1el0' 10 Palm Tree Trimming Group 6 EA 196 s b'' 11 Palm Tree Trimming Group 6A EA 196 a=n r -P 5.5(e 12 Palm Tree Trimming Group 7 EA 198 /?"' # g,9101 13 Palm Tree Trimming Group 8 EA 317 -114 4s 4 1` a(cs 14 Palm Tree Trimming Group 8A EA 317 A 301 c�510� 15 Palm Tree Trimming Group 9 EA 142 � (0,3iti 16 Palm Tree Trimming Group 10 EA 182 4 `ic Ifs U, 19 c3'' Total 3825 'i1 4'3__ Co ATTACHMENT C-INSURANCE/BOND REQUIREMENTS I. SUCCESSFUL BIDDER'S LIABILITY INSURANCE A. Successful Bidder must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Successful Bidder must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Successful Bidder must furnish to the City's Risk Manager and the Contract Administrator 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 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 cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Successful Bidders 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Statutory and complies with Part II of this Exhibit. Employer's Liability $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Successful Bidder 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, Successful Bidder must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Successful Bidder is not domiciled in the State of Texas. B. Successful Bidder shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Successful Bidder'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. Successful Bidder shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Successful Bidder 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, Successful Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Successful Bidder'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 Successful Bidder'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 Successful Bidder to stop work hereunder, and/or withhold any payment(s) which become due to Successful Bidder hereunder until Successful Bidder demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Bidder may be held responsible for payments of damages to persons or property resulting from Successful Bidder's or its sub -Successful Bidder's performance of the work covered under this contract. H. It is agreed that Successful Bidder'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 Park & Recreation Tree Trimming 6/22/2016 my Risk Management ATTACHMENT C- BOND REQUIREMENTS No Bond Requirement is necessary for this Service Agreement. ATTACHMENT D- WARRANTY REQUIREMENTS No warranty is required for the Service Agreement. 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: 2016-91258 Date Filed: 07127/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Woodstock Tree Surgeons Corpus Christi, TX United States 2 Name of govemmental 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. 147 Palm Tree Trimming Services will be provided at various locations in and around the City of Corpus Christi. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary 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. NIIIy, PAULA DENISE GARCIA 0 r i:; a MY COMMISSION EXPIRES March 29,2019 I° N AFFIX Sworn _ _ - - - NOTARY STAMP / SEAL ABOVE , to and subscribed before me, by the said RO 11 Q� Signature of authorize agent o contracting business entity � I V' .\\-1 Gl-1-- , this the �� hday of ......,,,,t\.1 , 20_‘,14_, to certify which, witness my hand and seal of office. p0..c.Lacti Q .71.,�/a_k_ V 0J1 cn c.` (N.A.iv\rt. ail Nod 0 t v 0 %- PtAll r G Signature of officer administering oath Printed name of officer administering oath Title of officer ad roistering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 AGENDA MEMORANDUM Future item for the City Council Meeting of September 13, 2016 Action item for the City Council Meeting of September 20, 2016 DATE: August 31, 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 Construction Manager -At -Risk (CMAR) Agreement New Fire Station No. 18 (Bond 2008, Proposition 2) Motion authorizing the City Manager or designee to execute a Construction Manager -At -Risk (CMAR) Agreement with Barcom Construction of Corpus Christi, Texas in the amount not to exceed $1,800,000 for the New Fire Station No. 18. (Bond 2008, Proposition 2) PURPOSE: The purpose of this Agenda Item is to execute a CMAR Agreement with Barcom Construction of Corpus Christi, Texas in the amount not to exceed $1,800,000 for the New Fire Station No. 18. BACKGROUND AND FINDINGS: This is part of the Bond 2008 Proposition 2 Fire Department projects for the new fire station in the area of Holly/Saratoga and Ayers. Bond 2008 Brochure Language: "A new fire station would be constructed to meet development and increased call volume in the Ayers Road area between Saratoga Blvd and SPID. This location responds to the 2005 Tridata Comprehensive Analysis of the Fire and EMS Delivery Study to improve response time and coverage. This project will include the cost of the land acquisition and construction for a new fire station with building equipment and parking. The new station is recommended to be approximately 5,200 square feet." This project constructs a new Fire Station at the northeast corner of the Ayers/Saratoga intersection. Approximately one-half of this property is encumbered by Air Installations Compatible Use Zone (AICUZ) for the US Navy Cabaniss Field outlying airfield. The AICUZ provides for a clear zone that encompasses the southwest corner of the property and therefore no vertical construction can be located within this area. The project construction in the clear zone is limited to driveway access and underground utilities that were coordinated with the US Navy during the design phase. The new Fire Station is 5,890 SF with administrative areas, berthing and fire truck apparatus room. The building wall construction is comprised of Insulated Concrete Form (ICF). The ICF forms are filled with concrete and provide more stringent energy efficiency and natural disaster resistant building. The new driveway and parking lot are concrete. The project will be constructed through a Construction Manager -At -Risk (CMAR) contract. The CMAR contract method allows selection of the construction team based on qualifications, past performance, approach and a guaranteed price. The guaranteed maximum price allows the project to remain within the available funding limits. The CMAR team performs the construction and construction management services, the engineering and design services remain with the Architect/Engineer (AE) of Record that is contracted directly with the City. The AE selected for this project is Chuck Anastos Associates, LLC. The first phase of the CMAR selection results in the "Most Qualified" team(s) who demonstrated the qualifications, experience and approach for this project. The second phase then invites the most qualified teams to submit pricing data that will be used for the final negotiations with only the most qualified team. This results in the most highly qualified construction team with a Guaranteed Maximum Price (GMP) within the available project funding. On February 26, 2016, the Department of Engineering Services issued Request for Qualifications (RFQ) No. 2016-02 CMAR Services for the City of Corpus Christi New Fire Station in area of Holly/Saratoga (Fire Station No. 18) Bond 2008. The RFQ was posted online at www.civcastusa.com. The following two (2) respondents submitted Proposals from local construction firms: Barcom Construction Beecroft Construction The two respondent proposals were deemed administratively complete and reviewed by the Selection Committee. The City selection committee included representatives from the Fire Department, Engineering Services, and the project Architect. Based on the evaluations by the Selection Committee, both respondents were invited to the second phase of the procurement which required the submission of Sealed Proposals demonstrating the respondent could meet the requirements, schedule and budget not to exceed the available funds of $1,800,000. Only one (1) sealed proposal was received from Barcom Construction. The City selection committee determined that the Barcom proposal met or exceeded the project requirements and therefore recommended the final step of negotiations. Staff received approval from the City Manager to proceed with negotiations. The negotiations were successfully concluded with the CMAR contractor agreeing that final construction scope of work could be completed within the available funding of $1,800,000. Engineering staff conducted market research for average construction cost for new Fire Stations. The study reviewed construction costs for nine new fire stations under 10,000 SF. The median average cost of construction for the sample fire stations was $389/SF. Fire Station 18 will have an average cost of $346/SF including building cost, site utilities, specialized equipment, and landscaping. ALTERNATIVES: 1. Authorize the execution of the CMAR Agreement. 2. Do not authorize the execution of the CMAR Agreement. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Fire Department FINANCIAL IMPACT: Fiscal Year 2015-2016 Project to Date Budget and Expenditures Current Year Future Years TOTALS Budget 212,573 2,134,986 2,347,559 Encumbered / Expended Amount 212,573 212,573 This item 1,800,000 1,800,000 Future Anticipated Expenditures This Project 328,027 328,027 BALANCE 0.00 6,959 6,959 Fund(s): RECOMMENDATION: City staff recommends approval of the Motion as presented to execute a Construction Manager -At -Risk (CMAR) Agreement with Barcom Construction of Corpus Christi, Texas in the amount not to exceed $1,800,000 for the New Fire Station No. 18. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 Certificate of Interested Parties PROJECT BUDGET New Fire Station in area of Holly/Saratoga Fire Station No. 18 Bond 2008 FUNDS AVAILABLE: Public Health and Safety CIP 2,060,559 Bond 2008 ADA 50,000 Assessments 60,000 Energy Efficiency Funding 50,000 Water CIP 35,000 Wastewater CIP 35,000 Fire Department Operating Budget 57,000 Total Funds Available 2,347,559 FUNDS REQUIRED: Construction: Construction Manager -At -Risk (Barcom Construction) THIS ITEM 1,800,000 Construction Contingency (3%) 54,000 Public Art 22,500 Fixtures, Furnishings and Equipment 57,000 Construction Observation & Testing: Construction Observation (Estimate) 50,000 Construction Materials Testing Agreement Estimate 35,000 Design: Design Architect (Chuck Anastos, Inc.) 212,573 Reimbursements: Total Reimbursements 109,527 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance).... 43,811.00 Engineering Services (Project Mgmt) 65,716.00 TOTAL 2,340,600 PROJECT BUDGET BALANCE 6,959 4z9 .., e 4' 4, , . 046 -014_ , 41•* MEsty Winds of Corpus Christi, Texas t4i .0 '9ere-Fir 4tb._. • ,sr Project Location 404 445, 417I e- .34 . ki.4 VICINITY MAP NOT TO SCALE 19oz '0 ,u Project Number: 5= New Fire Station in area of HoIIy / Saratoga ( Station #18) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 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: 2016-106870 Date Filed: 08/31/2016 Date Acknowledged: 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 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. 5246 CMaR 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. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. / J , s. 0 ; �,•� AFFIX Sworn 20 ,:,F. ". •,+CL ANN BUENO (,. o. ' .. TAF . °UBLIC / II,Qj�1 N' ;:,ate ,0t Texas =.�r, 05-06-2019 I Signature of autho,t�.O• gent of contracting business entity 004.1 r IS "a e/'i is the 5i day of NOTARY STAMP / SEAL ABOVE r fJ o and subscribed before me, by the said a IA fne 1t. J`� 1 , to certify which, witness my hand and seal of office. I me_,y►ata . #4114;k 0/1/0/ei- B14/41) Cl Mice ,iUtr, Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 Carpus Chr sti Engineering New Fire Station in area of Holly/Saratoga (Fire Station No. 18) Bond 2008 Proposition 2 Council Presentation September 13, 2016 Project Vicinity Map Corpus Chrsti Engineering -‘9-1 (3o 4 '74.1,,,3 . « e . Pr]o ed Location _# _ds ems Chfisti,r '704<» i Project Location Map Corpus Chrsti Engineering *-Z APPARATUS BAY W Q AIR INSTALLATIONS COMPATIBLE USE ZONE (AICUZ) NEW FIRE STATION 18 Project Scope off Corpus Chr sti Engineering Provides for new Fire Station No. 18 at Ayers/Saratoga intersection that includes: ➢ New 5,200 SF building with administrative office areas, berthing area and fire truck apparatus room ➢ Building construction is new Intergrated Concrete Form (ICF) walls to provide proper insulation and structure for windstorm ➢ New concrete drive and parking lot ➢ Site utilities and new Fire Hydrant Project Schedule Corpus Chrsti Engineering 2016 2017 11 111 1 1 111111 A RFQ/RFP Process A 0 D A Construction AGENDA MEMORANDUM Future item for the City Council Meeting of September 13, 2016 Action item for the City Council Meeting of September 20, 2016 DATE: September 2, 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, Public Works ValerieG@cctexas.com (361) 826-3729 CAPTION: J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Stacie Talbert-Anaya, Interim Director Parks & Recreation StacieT@cctexas.com (361) 826-3476 Engineering Construction Contract Ocean Drive Park Improvements — Swantner Park Bond 2012, Proposition 4 Motion authorizing the City Manager, or designee, to execute a construction contract with DMB Construction of Corpus Christi, Texas in the amount of $842,006.56 for the Ocean Drive Park Improvements — Swantner Park for the Base Bid. (Bond 12, Proposition 4) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract with the lowest responsible bidder, DMB Construction, for the Ocean Drive Park Improvements — Swantner Park. BACKGROUND AND FINDINGS: This project is part of Bond 2012 Proposition 4 — Ocean Drive Parks Repairs and Improvements. Bond 2012 Brochure Language: "The scope of this project includes improvements and repairs to Swantner and Cole Park. Improvements to Swantner Park include installation of an automatic irrigation system and repairs to sea wall. Improvements to Cole Park include completion of shoreline stabilization from Bond 2008 and other general improvements." The following is a summary of the planned improvements for Swantner Park and seawall. Swantner Park's waterfront is protected by a stair -stepped seawall that is approximately 2,110 LF long and five feet tall. The seawall sections are comprised of 40' long concrete panels. This project was developed to address the continual tidal force impacts to the seawall. The tidal forces create tremendous loads on the seawall causing separation (gaps) in the concrete panels and washout (erosion) of the soils below and behind the panels. These voids currently extend behind the seawall and have undermined the adjacent sidewalks and caused then to collapsed within the seawall structure. The following improvements will take place to address these voids and gaps: • Seal the concrete seawall panel and sheet pile joints to stop base material from migrating out from underneath the seawall and sidewalk. • The existing sidewalk behind the seawall will be removed and replaced while properly backfilling and compacting the voids. The engineer's opinion of probable cost for the subsurface and sidewalk repairs is $1,112,000. These repairs will extend the useful life of the seawall. On August 17, 2016, the City received proposals from five (5) bidders. One bidder was determined to be non-responsive. The responsive bidders are as follows: Contractor Base Bid DMB Construction Corpus Christi, Texas $842,006.56 JE Construction Services Corpus Christi, Texas $847,029.80 JM Davidson Aransas Pass, Texas $886,467.01 CCC Group, Inc. Corpus Christi, Texas $1,218,654.83 ALTERNATIVES: 1. Authorize execution of the construction contract. 2. Do not authorize execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: This project was approved November 6, 2012 in the Bond Issue 2012 Package under Proposition No. 4 — Parks and Recreation Improvements The City's engineer, HDR Engineering, Inc., evaluated five (5) bids and determined that DMB Construction was the lowest responsive bidder. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; §2, Article 10 of the City Charter regarding contracts; FY 2015-2016 Capital Improvement Program EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $29,100.00 $2,970,900 $3,000,000.00 Encumbered / Expended Amount 29,100.00 29,100.00 This item 842,006.56 842,006.56 Future Anticipated Expenditures This Project 348,322.00 348,322.00 BALANCE $0.00 $1,780,571.44 $1,780,571.44 Fund(s): Parks and Recreation Bond Issue 2012 RECOMMENDATION: City staff recommends that a construction contract be executed with DMB Construction of Corpus Christi, Texas in the amount of $842,006.56 for the Ocean Drive Park Improvements — Swantner Park for the Base Bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 PROJECT BUDGET Ocean Drive Park Improvements - Swantner Park & Cole Park Project Nos. E14049 & E14050 FUNDS AVAILABLE: Parks and Recreation Bond 2012, Proposition 4 $ 3,000,000.00 TOTAL $ 3,000,000.00 FUNDS REQUIRED: Construction (DMB Construction) This Item $ 842,006.56 Contingencies (10%) 84,200.00 Construction Materials Inspection and Testing: Construction Inspection 25,260.00 Construction Materials Testing (Rock Engineering) 7,262.00 Design: A/E Consultant (HDR, Inc.) 150,900.00 Preliminary Engineering Design 37,000.00 Engineering Design 113,900.00 Design Phase - Geotechnical Study and Testing (Rock Engineering) 2,800.00 Reimbursements: Total Reimbursements 107,000.00 Administration/Finance (Capital Programs/Capital Budget/Finance) 30,000.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 75,000.00 Misc. (Printing, Advertising, etc.) 2,000.00 TOTAL $ 1,219,428.56 ESTIMATED PROJECT BALANCE* $ 1,780,571.44 *Remaining funds to be used on Cole Park repairs and improvements OCEAN DRIVE PARK IMPROVEMENTS SWANTNER PARK (BOND 2012) LOCATION MAP CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 CORPUS CHRISTI PARKS& RECREATION Ocean Drive Park Improvements Swantner Park Corpus Chr'sti Engineering Council Presentation September 13, 2016 Location Map Corpus Christi Bay kilar4) Corpus Chr sti Engineering Project Scope Corpus Chr sti Engineering Project includes: • Repairs to the seawall including sealing the concrete panel and sheet pile joints • Existing sidewalk will be removed and replaced Project Schedule Corpus Chr sti Engineering 14 2015 2016 2017 Dec Jan Feb Mar Apr May Jun Jul Aug Field Investigation Sep Oct Nov Dec Jan Feb Mar Apr May Jun Final Design Jul Aug Sep Bid / Award Oct Nov Dec Jan Feb Construction Projected Schedule reflects City Council award in September 2016 with anticipated construction completion in February 2017. Project Repairs Corpus Chr!sti Engineering Project Repairs Corpus Chr°sti Engineering E CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 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: 2016-104118 Date Filed: 08/25/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. DMB Construction 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. E14049 Construction 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Bracco, Dominic CORPUS CHRISTI, TX United X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT P:.P.1;-,: HOMER DEL BOSQUE 20. ° ' Notary Public ' STATE OF TEXAS '•'9 ..... * y;'+' My Comm. Exp. 08-07-2017 AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said 20 ( G , to certify which, witness my hand I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. I � 1 ! Signature of authorized agent of contracting business entity 0 AAt3A1L(1 ill K a rlLCP , this the, day of 0) `i and seal of office. D.G0 ='-,g—e el, .-c-- 0s &- Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath vo.cir,,, v1 n .)77 Forms provided by Texas Ethics Commission www.ethics.state.tx. AGENDA MEMORANDUM Future Item for the City Council Meeting of September 13, 2016 Action Item for the City Council Meeting of September 20, 2016 DATE: TO: Margie C. Rose, City Manager August 30, 2016 THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: Engineering Design Services Flato Road from Agnes Street to Bates Road BOND 2014 Prop. 2 Motion authorizing the City Manager, or designee, to execute a contract for engineering design services with CH2M Hill Engineers, Inc. of Corpus Christi, Texas in the amount of $488,862.00 for the Flato Road from Agnes Street to Bates Road project. (BOND 2014 Proposition 2). PURPOSE: The purpose of this Agenda Item is to obtain authority to execute an engineering design contract for the Flato Road from Agnes to Bates project. (BOND 2014 Proposition 2). BACKGROUND AND FINDINGS: This project was approved in the Bond 2014 Proposition 2 Street Safety, Revitalization and Capacity Improvement Projects by the community in the general election held on November 4, 2014. Bond 2014 Brochure description: "Flato Road (Agnes to Bates) —This project includes full -depth repair and capacity expansion of the existing two lane rural roadway. Consideration will be given improve the roadway to a rural C-1 Collector, which is consistent with the designation in the Urban Transportation Plan. Curb and gutter or sidewalk improvements are not anticipated but will be assessed during design." This project includes full depth repair & restoration and slight widening of the existing 22' two-lane rural roadway with new ADA -compliant sidewalk for the developed east side of the roadway. Utility improvements include new water, wastewater and storm water. The storm water improvements include re -grading the existing roadside ditch on the undeveloped west side, installation of new underground trunk main and inlets, and removing the roadside ditch on the east side. The project also includes new storm water outfall channel to alleviate existing flooding along the roadway. The new outfall channel is approximately 1350 LF to the east connecting the Flato Road drainage to the existing Enterprize Channel. The outfall channel exact size and location will be developed and modeled with this final design phase. Future action will include land acquisition for the sidewalk and improvements to include the outfall channel. The cost estimate for street construction and utility improvements is $5.9 million. ALTERNATIVES: 1. Authorize execution of an engineering design contract. 2. Do not authorize execution of an engineering design contract. (Not Recommended) OTHER CONSIDERATIONS: CH2M Hill Engineers, Inc. is the design engineer that was selected for this project under RFQ 2014-08. CONFORMITY TO CITY POLICY: Complies with statutory requirements for architectural and engineering contracts. Conforms to FY 2015- 2016 Street Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $49,885 6,253,315 6,303,200 Encumbered / Expended Amount 49,885 49,885 This item 488,862 488,862 Future Anticipated Expenditures This Project 762,400 762,400 BALANCE $0 $5,002,053 $5,002,053 Fund(s): ST 24 Comments: N/A RECOMMENDATION: City staff recommends the engineering design contract with CH2M Hill Engineers, Inc. in the amount of $488,862.00 for the Flato Road from Agnes to Bates BOND 2014 Proposition 2 project. LIST OF SUPPORTING DOCUMENTS: Project Budget Engineering Design Contract Form 1295 Location Map Presentation PROJECT BUDGET Flato Road Bond 2014 Prop. 2 PROJECT FUNDS AVAILABLE: Bond 2014 $ 3,500,000 Utilites 2,803,200 Storm Water 1,401,600 Wastewater 700,800 Water 700,800 TOTAL FUNDS AVAILABLE 6,303,200 FUNDS REQUIRED: Construction: Construction (estimate) TBD Contingency (10%) TBD Construction Inspection and Testing: Construction Inspection (Estimate) 150,000 Construction Phase - Materials Testing Services (estimate) (TBD) 50,000 Land Acqusition (estimate) 251,750 Design: Engineer (CH2M Hill) Preliminary Design 49,885 Engineer (CH2M Hill) Engineering Design THIS ITEM 488,862 Street CIP 244,430 Storm Water CIP 122,216 Wastewater CIP 61,108 Water CIP 61,108 Design Phase - Geotechnical Services (Rock) 20,450 Reimbursements: Total Reimbursements 286,144 Contract Administration (Engineering Svcs Admin/Finance/Capital Budget) 126,064 Engineering Services (Project Mgt/Constr Mgt) 157,580 Misc. (Printing, Advertising, etc.) 2,500 Other: Staff Augmentation 4,056 TOTAL 1,301,147 ESTIMATED PROJECT BUDGET BALANCE 5,002,053 o jst �r7 7 _ Agnes St. Project Location Corpus Christi International Airport ££5 T.53 11:4 Bates pd. rt Lozano Golf Center T NOT TO SCALE Project Number: E15110 Flato Road From Agnes St. to Bates Rd. Bond 2014 Prop 2 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI CONTRACT FOR ENGINEERING DESIGN SERVICES FOR PROJECT El 5110 FLATO ROAD FROM AGNES TO BATES BOND 2014 PROP. 2 The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and CH2M Hill Engineers, Inc., a Delaware corporation, 555 N. Carancahua, Suite 310, Corpus Christi, Nueces County, Texas 78401, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES 2 ARTICLE II QUALITY CONTROL 2 ARTICLE 111 COMPENSATION 3 ARTICLE IV TIME AND PERIOD OF SERVICE 4 ARTICLE V OPINIONS OF COST 5 ARTICLE VI INSURANCE REQUIREMENTS 5 ARTICLE VII INDEMNIFICATION 5 ARTICLE VIII TERMINATION OF AGREEMENT 6 ARTICLE IX RIGHT OF REVIEW AND AUDIT 6 ARTICLE X OWNER REMEDIES 7 ARTICLE XI CONSULTANT REMEDIES 8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION 8 ARTICLE XIII MISCELLANEOUS PROVISIONS 9 EXHIBITS Page 1 Rev. 07116 k1ENGINE£RING DATAEXCHANGE ANGIEMISTREET1E15110 FLATO ROAD AGNES TO BATESIDESIGN PHASE CH2M HILL12016 0715 CONTRACT PROFESSIONAL SERVICES DOC ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code (UDC) or Code of Ordinances at the time of the execution of the contract, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts, excerpt attached as Exhibit F. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders in order to make an informed, written recommendation to City concerning the responsibilities of the lowest bidders. In determining a bidder's responsibilities, factors considered include, without limitation, the bidder's experience, capacity, supervision, ability to maintain project budget and schedule, past performance and safety record. ARTICLE II — QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance -quality controllconstructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. Page 2 Rev 07/16 K:IENGINEERING DATAEXCHANGEVWGIEM1STREET'E15110 FLATO ROAD AGNES TO BATESIOESIGN PHASE CH2M HILL12016 0710 CONTRACT PROFESSIONAL SERVICES DOC 2.3 Final construction documents that do not meet City standards may be rejected. Consultant will not be compensated for having to resubmit documents. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $488,862.00. 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services, Consultant shall submit a Rate Schedule, as shown in Exhibit B-1, with their proposal. City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein.. 3.4 The Director of Engineering Services may request 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 within three (3) days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; Page 3 Rev 07/16 KIENGINEERING DATAEXCHANGRANGIEMISTREETIE15110 FLATO ROAD AGNES TO BATESIDESIGN PHASE CH2M HILL'L2C16 0718 CONTRACT PROFESSIONAL SERVICES DOC 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV — TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). appreved-ehango 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. Page 4 Rev. 07116 KIENGINEERING DATAEXCHANGEVANGIEM STREET1E15110 FLATO ROAD AGNES TO BATESti0ES1GN PHASE CH2M HILL12016 0716 CONTRACT PROFESSIONAL SERVICES DOC ARTICLE V — OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractors methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. 5.4 The OPC must be validated and/or updated with each deliverable. If construction bids exceed the OPC, the Consultant will redesign the project to be consistent with the OPC at no additional cost to City. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION 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 lndemnitee, 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. Page 5 Rev. 07/16 KIENGINEERING DATAEXCHANGE ANGIEMSTREETIE15110 FLATO ROAD AGNES TO BATESIDESIGN PHASE CH2M HI 0710 CONTRACT PROFESSIONAL SERVICES DOC ARTICLE VIII — TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 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. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX — RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. Page 6 Rev 07116 K. ENGINEERING DATAEXCHANGEWNGIEMSSTREETlEI5110 FLATO ROAD AGNES TO BATESIDESIGN PHASE CH2M HILL.2:i16 0716 CONTRACT PROFESSIONAL SERVICES DOC 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X — OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 10.2 The City may assert a claim against the Consultant's professional liability insurance as appropriate when other remedies are not available or offered for design deficiencies discovered during and after Project construction. 10.3 When the City incurs non -value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non -value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.4 The Consultant may be required to revise bid documents and re -advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.5 The City may withhold or nullify the whole or part of any payment as detailed in Article III. Page 7 Rev. 47116 K1ENGINEERING DATAEXCHANGE ANGIEMISTREET4E15110 FLATO ROAD AGNES TO BATESIDESIGN PHASE CH2M HILL12016 0716 CONTRACT PROFESSIONAL SERVICES DOC ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. Page8 Rev 07/16 K. ENGINEERING DATAEXCHANGEVUlGIEM1STREETlE15110 FLATO ROAD AGNES TO BATESIDESIGN PHASE CH2M HILL52016 0718 CONTRACT PROFESSIONAL SERVICES DOC 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no Tess than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable, whether in contractor tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assianabilitv. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, 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. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City, without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any Page 9 Rev 07/16 K:',ENGINEERING DATAEXCHANGE' NGIEMSTREETlE15110 FLATO ROAD AGNES TO BATESIDESIGN PHASE CH2M HILL12016 0718 CONTRACT PROFESSIONAL SERVICES DOC modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re -use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing in the same or similar locality and under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature conceming the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 13.7 Certificate of Interested Parties. For contracts greater than $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, attached as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities that exceed $50,000. 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:l/www.ethics.state.tx.uslwhatsnewlelf info form9295.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/leg al/ch46. htm I. 13.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http:llwww.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.10 Severabilitv. 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. Page 10 Rev. 07/16 K.%ENGINEERING DATAEXCHANGELANGIEMISTREET'E15110 FLATO ROAD AGNES TO BATESIDESIGN PHASE CH2M HILL12C16 0716 CONTRACT PROFESSIONAL SERVICES DOC 13.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI CH2M HILL ENGINEERS, INC. J.H. Edmonds, P. E. Date Sidney A. Faas, P.E. Director of Engineering Services Vice President 555 N. Carancahua, Suite 310 Corpus Christi, TX 78401 (361) 888-8100 Office RECOMMENDED Operating Department Date APPROVED Office of Management Date and Budget Assistant City Attorney Date ATTEST City Secretary Date Project Number E15110 Accounting Unit 3551-051 Account 550950 Activity E15110013551EXP Account Category 50950 Fund Name Street CIP BOND 2014 Date Page 11 Rev. 07116 K:%ENGINEERING DATAEXCHANGEWNGIEMSSTREET1E15110 PLATO ROAD AGNES TO BATESDESIGN PHASE CH2M HILL12016 0718 CONTRACT PROFESSIONAL SERVICES DOC EXHIBIT A SCOPE OF SERVICES {{Insert Proposal & Scope of Services from NE}} Contract for Professional Services Exhibit A EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS FLATO ROAD FROM AGNES TO BATES (BOND 2014) PROJECT NO. E15110 i. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer-A/E (also referred to as Consultant) will: a) Prepare PowerPoint presentation in City format for City Council Meeting. Request available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. Develop preliminary street cross section recommendations. Prepare conceptual life -cycle cost estimate with recommended pavement sections using Federal Highway Administration (FHWA) Real Cost Program. Identify right-of-way acquisition requirements and illustrate on a schematic strip map. Prepare preliminary opinions of probable construction costs for the recommended improvements. Develop drainage area boundary map for existing and proposed drainage areas served. Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) Review City provided preliminary Traffic impact assessment and provide recommendation for integration and/or additional requirements as appropriate. p) Prepare an Engineering Letter Report (20 - 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of P.CorpusChristiCityori676696FlatoRdal CONTRACTS & AMENDMENTS101 Large AE42016 07 15 02 Ftatn Road - F,XH$BIT A.doc. EXHIBIT "A" Page 1 of 11 Revised November 26, 2013 q) probable construction costs, and document the work with text, tables, schematic - level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross- sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right-of-way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include summary output tables from Hydraulic and Hydrologic analyses. 3. Include existing site photos. 4. Provide opinion of probable construction costs. 5. Identify and analyze requirements of govemmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet as City agent or with City participation and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. B. Provide an analysis on project impacts towards "re-engineering" and effects on cost savings toward City operations, which this project will affect. 7. Provide anticipated index of drawings and specifications. 8. Provide a summary table & required ROW parcels Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. s) Conduct Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report as scheduled by City Project Manager. t) Assimilate all City review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. City staff will provide one set only of the following information (as applicable): a) Electronic index and database of City's record drawing and record information. b) Requested record drawings, record information in electronic format as available from City Engineering files. b) The preliminary budget, specifying the funds available for construction. c) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (AIE to coordinate with City Operating Department) e) Applicable Master Plans and GIS mapping are available on the City's website. f) City Control survey Bench marks and coordinates. g) Preliminary Traffic impact assessment. P YCaryusChdstiCeyeR676696RaloRdYe1 CONTRACTS S AMENOMENT5101 Large AE12016 07 15 02 Raw Road -EXHIS T A,doa EXHIBIT "A" Page 2 of 11 Revised November 26, 2013 The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and only for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and that must be relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). c) Develop drainage area boundary map for existing and proposed drainage areas served. Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity (if applicable). Submit computer model file, results and calculations used to analyze drainage. d) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. e) Prepare construction plans in compliance with CPPSCF using English units on 11"x 17". 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, waming and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. f) Furnish one (1) set of the interim plans (60% submittal - electronic and hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1 Required with the interim plans is a "Plan Executive Summary., Project Checklist, & Drawing Checklist", which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. g) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. P LCorpusChdsaCltyoM1676596FlatoRt01 CONTRACTS & AMENDMENTS+: 1 Large AE12015 07 15 02 Halo Road - E%HIB 7 A.doea EXHIBIT "A" Page 3 of 11 Revised November 26, 2013 j) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and full-size hard copy using City Standards as applicable) for City's final review. k) Hold Project 100% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non -responding participants as appropriate. Begin bid plans and specifications upon Notice to Proceed. I) Provide one (1) set of the bid plans and contract documents (electronic and full- size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. m) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City - provided review comments or provided submittals in accordance with City standards.. n) Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. See Exhibit "A-2" for required form. o) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide electronic copy the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The NE will: a) Prepare draft Authorization to Advertise (ATA). b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. c) Assist the City in solicitation of bids by identification of prospective bidders. d) Review all pre-bid questions and submissions conceming the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. P 1CorpusChriseCltyofi67b696FIatoRd401 CONTRACTS & AMENDMENTS 01 Large AE12016 07 15 02 Flato Road- EXHIBIT A.docx EXHIBIT "A" Page 4 of 11 Revised November 26, 2013 e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. f) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the NE's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re -advertise that particular portion of the Project for bids. g) Prepare Agenda Memoranda and PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the NE) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c) Receive the Engineer's recommendation conceming bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The NE will perform contract administration to include the following: a) Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. 1. The presence or duties of Engineer's personnel at a construction site, whether as onsite representatives or otherwise, do not make Engineer or Engineer's personnel in any way responsible for those duties that belong to Owner and/or the construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health or safety precautions required by such construction work. 2. Engineer and Engineer's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and are not P 1CorpusChdstICllyoA676646FIa1oRa01 CONTRACTS & AMENOMENTSt01 Large AE2016 07 15 02 Flab Road • EXHIBIT A.doca EXHIBIT "A" Page 5 of 11 Revised November 26, 2013 contractually obligated under this Agreement to inspect a city construction contractor, its subcontractors, or the personnel of any or either of them, for health and safety concerns. 3. The presence of Engineer's personnel at a construction site is for the Engineer to provide the Owner with review and input regarding whether the completed construction work will conform generally to the construction documents and whether the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). Engineer neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractor's failure to perform work in accordance with the construction documents. Provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. Review Contractor -provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. c) Provide Consultant the construction "red -line" drawings. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The NE shall, with written authorization by the Director of Engineering Services, perform the following: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits, The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: tyle -area c. Wetlands Delineation and Permit 1CorpusChdstiCityof1676696FImoRd401 CONTRACTS & AMENOMENT5l01 Large AE12016 07 15 02 Ftato Road - EXHIBIT A.daac EXHIBIT "A" Page 6 of 11 Revised November 26, 2013 d. Temporary Discharge Permit Texas Commission of Environmental Quality (TCEQ) Permits/Amendments. Consultant will prepare NOI for signature by City's responsible party. Nuocos County i•. j. k. m. U.S. Fish and Wildlifo Sorvico (USFWS) U.S. Army Corps of Engineers (USACE) Unitod Statoc Environmontal Protoction Agoncy (USEPA) Texas Department of Licensing and Regulation (TDLR ) Toxas General Land Office (TGLO) 2. Right -of -Way (ROW) Identification Survey. All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right-of-way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. c) Provide a preliminary base map containing apparent ROW, which will be used by the AIE to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. 3. Topographic Survey. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition 1 specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. c) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the Engineer's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third -parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. P.TorpusChnsdCRyoASTSGS FIateRdwl CONTRACTS & AMENE]MENTS101 Large AE12016 07 15 02 Baro Road- EXHIBIT A.dooc EXHIBIT "A" Page 7 of 11 Revised November 26, 2013 j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. 4. ROW Acquisition and Parcel Maps. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right-of-way to be acquired. b) Prepare Metes and Bound Instrument with supporting exhibits as required and agreed upon, subsequent to ELR acceptance for ROW parcels, utility easements and temporary construction easements. c) Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at "not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. d) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. 5. Environmental Issues. (TO BE DETERMINED) 6. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the 60% Plan Set, and one public meeting shall be held prior to start of project construction. Prepare notices, PowerPoint presentations, handouts and exhibits for meetings. Provide follow-up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City (may require a contract amendment if revisions required after the project construction meeting). Prepare notices, handouts and exhibits for public information meetings. PACorpusChristiCilyof676696FiatoRd101 CONTRACTS & AM£NDMENTS101 Large AE12016 07 15 02 Flalo Road EXHIBIT A.dacx EXHIBIT "A" Page 8 of 11 Revised November 26, 2013 Loyal C. 8. Construction Observation Services. (TO BE DETERMINED) 9. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one- year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. P 1CorpusChdsdCltyoft676696FIatoRch01 CONTRACTS 7. AMENDMENTS101 Largo AE12016 07 15 02 Flato Road - EXHIBIT Alto= EXHIBIT "A" Page 9 of 11 Revised November 26 2013 Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". Il. SCHEDULE Anticipated schedule to be adjusted based on actual NTP and review dates. Date Activity Friday, July 1, 2016 NTP Tuesday, July 19, 2016 Draft ELR submittal Tuesday, August 2, 2016 City Review Friday, August 12, 2016 Final ELR submittal Tuesday, September 20, 2016 60% Design Submittal Tuesday, October 11, 2016 City 60% Review 0 Gity-Review Wednesday, November 16, 2016 100% Final Submittal Wednesday, November 30, 2016 City 100% Review Friday, January 6, 2017 Bid Set Submittal Monday, January 9, 2017 Advertise for Bids Wednesday, January 18, 2017 Pre -Bid Conference Wednesday, January 25, 2017 Receive Bids Tuesday, April 11, 2017 Contract Award May 2017 Begin Construction July 2018 Complete Construction May 2019 Warranty Phase Report 13.1CorposChrksuCllyo5676696FlatoRd501 CONTRACTS & AMENdMENTS501 Large AE52016 07 15 02 Rao Road- EXHIBIT A.dooc L EXHIBIT "A" Page 10 of 11 Revised November 26, 2013 FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all `Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. The statement will be based upon AIE's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to NE's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the NE a not -to -exceed fee as per the table below: Summary of Fees: PROJECT NAME: FLATO ROAD FROM AGNES TO BATES (BOND 2014) FEE A. BASIC SERVICES 1 PRELIMINARY PHASE $ 31,275 2 DESIGN PHASE $ 367,420 3 BID PHASE $ 12,480 4 CONSTRUCTION ADMINISTRATION PHASE $ 38,330 SUBTOTAL OF BASIC SERVICES $ 449,505 ADDITIONAL SERVICES 1 PERMIT PREPARATION* $ 3,830 2 ROW IDENTIFICATION SURVEY* $ 5,847 3 TOPOGRAPHIC SURVEY* $ 17,270 4 ROW ACOUISMON 8 PARCEL MAPS (BATES EAST TRIBUTARY}' $ 920 5 ENVIRONMENTAL ISSUES (TBD) $ - 6 PUBLIC INVOLVEMENT"' $ 6,760 B CONSTRUCTION OBSERVATION SERVICES (TBD) $ - 9 WARRANTY PHASE (AUTHORIZATION REQUIRED) $ 4,730 SUBTOTAL OF ADDITIONAL SERVICES $ 39,357 TOTAL FEE $ 488,862 *Additional Services which are requested to be authorized in coordination with the notice to proceed for Basic Services. P 4CorpusChrlsbCItyo11676696F1atoRd401 CONTRACTS & AMENOMENTSW 1 Large AE12016 07 15 02 Plato Read - EXHIBIT A.docx EXHIBIT "A" Page 11 of 11 Revised November 26. 2013 EXHIBIT A-1 TASK LIST (Provides supplemental description to Exhibit "A". Exhibit "A-1" Task List does not supersede Exhibit "A.") Contract for Professional Services Exhibit A-1 EXHIBIT "A-1" TASK LIST CITY OF CORPUS CHRISTI, TEXAS FLATO ROAD FROM AGNES TO BATES (BOND 2014) PROJECT NO. E15110 I. SCOPE OF SERVICES Project Limits Project limits include Flato Road between the south right-of-way of Agnes Street (excludes the Agnes Street right-of-way) and the south right-of-way of Bates Road (excludes Bates Road right-of-way). The main portion of the project is approximately 5,200 linear feet in length. Surface improvements include reconstruction of rural collector (C-1) roadway consisting of one travel lane in each direction. Utility improvements include rehabilitation or construction of new water and wastewater system lines and appurtenances, and cleaning and reshaping the existing storm water system ditches and driveway culverts. Project limits also include proposed 1,350 linear foot long Bates East Tributary. This proposed channel will provide an outfall from the Flato Road system ditches into the Enterprize Channel. 1S A. BASIC SERVICES 1. Preliminary Phase a) Presentations and Meetings (1) Prepare Consultant contract award PowerPoint presentation in City format for City Council Meeting, and attend City Council Meeting. (2) Hold Project review meeting with City Staff and receive City comments on the Draft Engineering Letter Report (ELR) b) Deliverables (1) Draft Engineering Letter Report to include (a) Basis of Engineering Design (b) Analysis of Existing City Traffic Count Information/Recommendation for Additional Needs (i) City to provide traffic data needed to assess capacity improvements (c) Pavement Section Recommendations (d) Life Cycle Cost Estimate Using FHWA Real Cost Program P. ICorpusChristiCityof1676696FIatoRd101 CONTRACTS & AMENDMENTS\01 Large AE12016 07 08 03 Flato Overall EXHIBIT A-1 docx EXHIBIT "A-1" Page 1 of 8 (e) Right -of -Way Requirements (f) Preliminary Layout and Alignment (g) Existing/Proposed Utilities — Coordination with operating departments and private utilities (i) Coordinate with AEP and City Traffic Engineering for street lighting and traffic signalization power requirements. (h) Identify requirements of governmental authorities having jurisdiction to approve design of the Project (i) Coordination with Agencies (RTA, CDBG, USPS, WOISD, community groups) a) Drainage Areas and Preliminary Hydraulic Analysis (k) Conformance to Master Plans (I) Identification of needed additional services (m) Identification of needed permits and environmental consideration (n) Recommended Public Outreach and Community Stakeholder Requirements (o) Identification of Quality/Quantity of Materials of Construction (p) Construction Sequencing (q) Site Photos (r) Anticipated Index of Drawings and Specifications (s) Preliminary Opinion of Probable Construction Costs (t) Copy of Geotechnical Testing Report (i) City contracting directly with Geotechnical Consultant (2) Final Engineering Letter Report to incorporate review comments from City review meeting 2. Design Phase a) Coordinate with City Operating Departments, Private Utilities, and Agencies b) Hold Review Meetings (60% Submittal AND Review, and 100% Review). Prepare meeting agenda and meeting minutes. c) Deliverables P ICorpusChristiCityot1676696FIatoRd101 CONTRACTS & AMENDMENTS101 Large AE12016 07 08 03 Flato Overall EXHIBIT A-1.docx EXHIBIT "A-1" Page 2 of 8 (1) 60% Submittal (a) Plans — Anticipated sheets include the following (i) Cover Sheet (1 Sheet) (11) General Notes and Abbreviations (1 Sheet) (iii) Estimated Quantities (2 Sheets) (iv) Overall Layout/Project Control/Utility Layouts (6 Sheets) (v) Testing Schedule (1 Sheet) (vi) Demolition Plans (6 Sheets) (vii) Existing Typical Sections (1 Sheet) (viii) Proposed Typical Sections (1 Sheet) (ix) Plan and Profile — Street and Storm (11 Sheets) (x) Overall Drainage Area Map (1 Sheet) (xi) Storm Drain Analysis (2 Sheets) (xii) Miscellaneous Details (2 Sheets) (xiii) City Standard Details (5 Sheets) (xiv) Curb Ramp Details (5 Sheets) (xv) Curb Ramp Layouts (1 Sheets) (xvi) Plan and Profile — Water and Wastewater (11 Sheets) (xvii) City Standard Details (10 Sheets) (xviii) Permanent Pavement Marking Plans (6 Sheets) (xix) TxDOT Standard Drawings (12 Sheets) (xx) Construction Phasing Layout and General Notes (1 Sheet) (xxi) Traffic Control (12 Sheets) (xxii) TxDOT Standard Drawings (14 Sheets) (xxiii) SWP3 Notes (1 Sheet) (xxiv) SWP3 BMPs (1 Sheet) (xxv) SWP3 Plan Sheets (6 Sheets) P1CorpusChristiCityot1676696FIatoRd101 CONTRACTS & AMENDMENTS101 Large AE12016 07 08 03 Flato Overall EXHIBIT A-1.docx EXHIBIT "A-1" Page 3 of 8 (b) Plan Executive Summary, Project Checklist, Drawing Checklist (c) Engineer's Opinion of Probable Construction Cost (OPCC) (d) Summary Output from Hydraulic and Hydrologic Analyses (2) 100% Submittal (a) Plans (b) Bid Documents (c) Engineer's Opinion of Probable Construction Cost (OPCC) (3) Bid Set Submittal (a) Plans (b) Bid Documents (c) Engineer's Opinion of Probable Construction Cost (OPCC) d) Quality Assurance/Quality Control e) Monthly Status Reports 3. Bid Phase a) Pre -Bid (1) Prepare draft Authorization to Advertise (ATA) (2) Attend pre-bid conference (3) Review pre-bid questions and prepare addenda b) Bid Tabulation and Recommendation (1) Attend bid opening (2) Analyze and evaluate bids, prepare bid tabulation, and make recommendation concerning award of the contract. (3) Prepare Contractor bid award recommendation PowerPoint presentation in City format for City Council Meeting 4. Construction Administration Phase a) Pre -Construction (1) Provide a recommended agenda for, and attend pre -construction meeting (2) Review contractor submittals for conformance to contract documents P_ICorpusChristiCityofl676696FIatoRd101 CONTRACTS & AMENDMENTS101 Large AE12016 07 08 03 Flat° Overall EXHIBIT A-1 docx EXHIBIT "A-1" Page 4 of 8 (3) Review, evaluate and recommend for City consideration a Contractor Value Engineering proposal. b) Construction (1) Review and interpret field and laboratory tests (2) Provide interpretations and clarifications of the contract documents for contractor and authorized changes that do not affect contractor's price and are not contrary to the general interest of the City (3) Make regular visits (1 hour per week for 52 weeks) to project site to confer with City project inspector. c) Post -Construction (1) Attend final inspection with City staff (2) Provide punch list items to City's construction engineers (3) Provide Certificate of Completion (4) Prepare Project record drawings in AutoCAD dwg format P 1CorpusChristiCityof1676696FIatoRd101 CONTRACTS & AMENDMENTS101 Large AE12016 07 08 03 Flato Overall EXHIBIT A-1.docx EXHIBIT "A-1" Page 5 of 8 B. ADDITIONAL SERVICES (ALLOWANCE) 1. Permit Preparation a) TCEQ Permit (1) Prepare Notice of Intent for City submittal (a) City to pay Application Fee b) TDLR (1) Register project with TDLR and pay registration fee (2) Provide copy of contract documents to TDLR and pay plan review fee (3) Prepare request for inspection on behalf of City (a) City to coordinate and pay for RAS inspector directly 2. Right -Of -Way (ROW) Identification Survey a) Perfomi plat map, deed, and easement document research of Subdivisions adjacent to the Flato Road right-of-way. b) Prepare working sketch of record information of the corner locations for use in locating boundary evidence. c) Recover and measure existing boundary evidence, i.e., fence corners, monuments and iron pins sufficient to determine the location of the existing right- of-way. d) Prepare a preliminary base map containing the apparent right-of-way, showing the lot lines, land ownership, and site addresses per appraisal district records. 3. Topographic Survey a) Survey (1) Establish primary horizontal and vertical control for the basis of survey and secondary control outside the limits of project construction disturbance. (2) Control will conform to the City 's Global Positioning System control network State Plane Coordinate System (NAD 83), Texas South Zone, US Survey feet in grid, the North American Vertical Datum of 1988 (NAVD 88) and will be established using conventional methods. (3) Provide detailed surface feature surveys within the project limits and 50 feet beyond the right-of-way of Flato Road on cross streets. (4) Required survey data will include x, y, z points at all existing ramps, sidewalks and above ground appurtenances such as existing curb and gutter, P\CorpusChristiCiryofl676696FIatoRd101 CONTRACTS & AMENOMENTS101 Large AE12016 07 08 03 Flato Overall EXHIBIT A-1.docx EXHIBIT "A-1" Page 6 of 8 power poles, traffic signal foundations, traffic signal controller boxes, electric junction boxes, utility valves, manholes, fences, fire hydrants, curb inlets, signs, trees, etc. which may affect the design and proposed construction. (5) Driveway and approach walk elevations will be surveyed beyond the right-of- way line in non -fenced areas a minimum of 25 feet inside the property. (6) Locate 10 total proposed soil boring locations to be determined by the engineer. (7) Surveys to include signs, fences, and other planimetric features at and near the vicinity of the ROW line. (8) Points shall be adjusted as needed to reflect the center and diameter of utility poles, sign poles, etc. (9) Square and rectangular features shall be located at each corner. (10) Point descriptions shall be adequate to identify the item being located. (11) All obstacles shall be tied in with as many points as needed to determine precise placement. (12) Invert depths of storm drain inlets, storm water manholes, wastewater manholes and top elevations of water valves. (13) Survey data will include breaks in grade, driveway edges and centerline elevations, edge of asphalt, flowline of curb, top of curb, edges of existing walk, ground at right of way, ground elevations 25 feet inside the adjacent property at approximately 50 foot intervals. b) Drawing Preparation (1) Process the survey data to generate line work and symbology. (2) Add annotations of invert data, surface utility evidence and other surface feature annotation. (3) Prepare a digital terrain model and include contour data at an interval of one - foot. 4. ROW Acquisition and Parcel Maps a) Signed and sealed exhibit and metes and bounds description for the proposed ditch running from Flato Road to Enterprize Ditch. 5. Environmental issues (TBD) 6. Public Involvement a) Attend one public meeting after submittal of the 60% Plan Set. P:1CorpusChristiCityofl676696FIatoRd101 CONTRACTS & AMENDMENTS101 Large AE12016 07 08 03 Flato Overall EXHIBIT A-1 docx EXHIBIT "A-1" Page 7 of 8 (1) Prepare notices, PowerPoint presentations, handouts, and exhibits. (2) Provide follow-up and response to citizen comments. (3) Revise contract drawings to address citizen comments, as directed by the City. b) Attend one public meeting prior to start of project construction (1) Prepare notices, PowerPoint presentations, handouts, and exhibits. (2) Provide follow-up and response to citizen comments. (3) Revisions to the contract drawings to address citizen comments, as directed by the City's preference (not design errors), will be addressed through a contract amendment. 7. Construction Observation Services (TBD) 8. Warranty Phase (AUTHORIZATION REQUIRED) a) Conduct inspection of project toward the end of one-year period after acceptance of the project. b) Document defects of project and prepare report for City staff. (1) Submit report no later than 60 days prior to end of maintenance guaranty period. P: ICorpusChnstiCityot1676696FiatoRd101 CONTRACTS & AMENOMENTS101 Large AE12016 07 08 03 Flato Overall EXHIBIT A-1.docx EXHIBIT "A-1" Page 8 of 8 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees EXHIBIT B SAMPLE PAYMENT REQUEST FORM COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete 51,000 50 50 $1,000 50 51,000 51,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0°% 2,500 0 1,000 3,500 0 0 0 0% 56,000 51,000 51,250 $8,250 5750 51,500 52,500 30% 52,000 $0 50 52,000 $500 $0 5500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0°% TBD TBD TBD TBD TBD TBD TBD 0°% TBD TBD TBD TBD TBD TBD TBD 0°% TBD TBD TBD TBD TBD TBD TBD 0°% $2,000 51,120 51.627 54,747 $500 50 5500 11% $6,000 51,000 51.250 58,250 5750 51,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% 58,000 52,120 52,877 512,997 51,250 51,500 53.000 23°4 Contract for Professional Services Exhibit B EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE ($/hr) - TX REGISTRATION #: Project Consultant: CAD Technician: Clerical: Other - specify: SUBCONSULTANT(S): (firm) Principal(s): Project Consultant: CAD Technician: Clerical Other - specify: Add additional subconsultants as needed. Contract for Professional Services Exhibit B-1 EXHIBIT C INSURANCE REQUIREMENTS Contract for Professional Services Exhibit C 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. EXHIBIT "C" Page 1 of 2 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. EXHIBIT "C" Page 2 of 2 EXHIBIT D DISCLOSURE OF INTEREST Contract for Professional Services Exhibit 0 �t CITY OF CORPUS CHRISTI = -.--= DISCLOSURE OF INTEREST City of Chnpsti City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: CH2M Hill Engineers, Inc. P. O. BOX: STREET ADDRESS: 555 N. Carancahua, Suite 310 CITY: Corpus Christi ZIP: 78401 FIRM IS: I. Corporation 4. Association e 2. Partnership 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantia! segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Sidney Faas, P.E. Title: Vice President (Type or Print) Signature of Certifying Date: Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. g. EXHIBIT E CERTIFICATE OF INTERESTED PARTIES (FORM 1295) Contract for Professional Services Exhibit E Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 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 CERTIFICATION Certificate Number. 2016-88589 Date Filed: ONLY OF FILING 1 Name of business entity tiling form, and the city, state and country of the business entity's place of business. CH2M Corpus Christi, TX united States 2 Name of governmentaTernky or state agency that is a party to the contract for which the form is 107121/2016 being filed. City of Corpus Christi Date Acknowledged: f 3 Provide the Idendflcatlan number used by the governmental entity or state agency to trackar identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Project No. E1511D Hato Road (Agnes to Bates) 4 Name of interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling imermediary 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT AFFIX NOTARY Sworn to and 20 lJ I swear, or affirm, under penalty of perjury, that the above disclosure Is true and correct. ^� C� ��� MARYS.XILLOUGH ',l , MY Not�'ID#3510356 ,, apices February 14, 2020 Signature of authorized agent of contracting business entity . this the 1 day of subscribed , to STAMP / SEAL ABOVE before me, by the said 4.15 litifJeil 4.4titiP litifJeil 4 certify which, • ess my hand and seal of office. 4 il eckliPi officer ad Infstering oath C71, s. urLeoodU Prin� a of Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 EXHIBIT F Excerpt from Corpus Christi General Conditions for Construction Projects Related to Design Services Contract for Professional Services Exhibit F Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1— Definitions and Terminology 2 Article 2 — Preliminary Matters 8 Article 3 — Contract Documents: Intent, Requirements, Reuse 8 Article 4 — Commencement and Progress of the Work 9 Article 5 —Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions 9 Article 6 — Bonds and Insurance 11 Article 7 — Contractor's Responsibilities 11 Article 8 — Other Work at the Site 11 Article 9 — Owner's and OPT's Responsibilities 11 Article 10— OAR's and Designer's Status During Construction 12 Article 11—Amending the Contract Documents; Changes in the Work 14 Article 12 — Claims 14 Article 13 — Cost of the Work; Allowances; Unit Price Work 14 Article 14 — Tests and Inspections; Correction, Removal, or Acceptance of Defective Work 14 Article 15 — Payments to Contractor; Set -Offs; Completion; Correction Period 14 Article 16 —Suspension of Work and Termination 14 Article 17 — Final Resolution of Disputes 14 Article 18 — Miscellaneous 14 Excerpt from Form 00 72 00 General Conditions -1 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. A term with initial capital letters, including the term's singular and plural forms, has the meaning indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution - The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date — The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid - The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder - An individual or entity that submits a Bid to Owner. 9. Bidding Requirements - The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security - The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. Excerpt from Form 00 72 00 General Conditions - 2 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer - The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act, 42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract - The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. Excerpt from Form 00 72 00 General Conditions - 3 21. Contract Times - The number of days or the dates by which Contractor must: a. Achieve specified Milestones; b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor - The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 13. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or c. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 15.03 or 15.04. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers or Registered Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract - The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order - A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. Excerpt from Form 00 72 00 General Conditions - 4 31. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. 32. Laws and Regulations; Laws or Regulations - Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone - A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; c. Field Order; or d. Work Change Directive. 36. Notice of Award - The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner - The City of Corpus Christi (City), a Texas home -rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. Excerpt from Form 00 72 00 General Conditions - 5 43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. 45. Resident Project Representative or RPR - The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents - A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder - The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications - The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor - An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data - Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; Excerpt from Form 00 72 00 General Conditions - 6 b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or c. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work - Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive - A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense," or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms "day" or "calendar day" mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. Excerpt from Form 00 72 00 General Conditions - 7 E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 — PRELIMINARY MATTERS ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional Excerpt from Form 00 72 00 General Conditions - 8 details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards B. Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents A. Submit questions concerning the non-technical or contractual / administrative requirements of the Contract Documents to the OAR immediately after those questions arise. OAR is to provide an interpretation of the Contract Documents regarding these questions and will coordinate the response of the OPT to Contractor. B. Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5 —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions A. Notify OAR immediately, but in no event later than 3 days, after becoming aware of a subsurface or physical condition that is uncovered or revealed at the Site, and before Excerpt from Form 00 72 00 General Conditions - 9 further disturbing the subsurface or physical conditions or performing any related Work that: 1. Establishes that the Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. Requires a change in the Drawings or Specifications; 3. Differs materially from that shown or indicated in the Contract Documents; or 4. Is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. Do not further disturb or perform Work related to this subsurface or physical condition, except in an emergency as required by Paragraph 7.12, until permission to do so is issued by OAR. B. OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. 5.05 Underground Facilities A. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to OPT by the owners of these Underground Facilities or by others. OPT is not responsible for the accuracy or completeness of information or data provided by others that OPT makes available to Contractor. The Contractor is responsible for: 1. Reviewing and checking available information and data regarding existing Underground Facilities at the Site; 2. Complying with Laws and Regulations related to locating Underground Facilities before beginning Work; 3. Locating Underground Facilities shown or indicated in the Contract Documents; 4. Coordinating the Work with the owners, including Owner, of Underground Facilities during construction; and Excerpt from Form 00 72 00 General Conditions - 10 5. The safety and protection of existing Underground Facilities at or adjacent to the Site and repairing damage resulting from the Work. S. Notify the OAR and the owner of the Underground Facility immediately if an Underground Facility is uncovered or revealed at the Site that was not shown in the Contract Documents, or was not shown with reasonable accuracy in the Contract Documents. Do not further disturb conditions or perform Work affected by this discovery, except in the event of an emergency as required by Paragraph 7.12. C. The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6 — BONDS AND INSURANCE ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES ARTICLE 8 — OTHER WORK AT THE SITE ARTICLE 9 — OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due A. Owner is to make payments to Contractor when due as described in Paragraphs 15.01.D and 15.06.0. Excerpt from Form 00 72 00 General Conditions - 11 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. 9.06 Insurance A. Owner's responsibilities with respect to purchasing and maintaining insurance are described in Article 6. 9.07 Modifications A. Owner's responsibilities with respect to Modifications are described in Article 11. 9.08 Inspections, Tests, and Approvals A. OPT's responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 14.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10 OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of Excerpt from Form 00 72 00 General Conditions - 12 the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 14. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 14. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Articles 11. D. OAR's authority related to Applications for Payment is described in Articles 13 and 15. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 14.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. Excerpt from Form 00 72 00 General Conditions - 13 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12 — CLAIMS ARTICLE 13 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ARTICLE 14 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 15 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION ARTICLE 17 — FINAL RESOLUTION OF DISPUTES ARTICLE 18 — MISCELLANEOUS END OF SECTION Excerpt from Form 00 72 00 General Conditions - 14 Corpus Chr sti Engineering Flato Road Agnes to Bates Bond 2014 Proposition 2 Council Presentation September 13, 2016 Project Vicinity �hrsti Engineering 2 Project Location �hrsti Engineering Project Location IMP6 �►\ '',"71 ice: West One Ellett arm Junior Mott SoMeuX -.. 3 Project Scope �hrsti Engineering Flato Road is an existing rural 22' road section with bar ditches and no curb & gutter or sidewalks. The following provides major work items: • Full depth repair & restoration with slight widening of the existing 22' two-lane rural roadway • New separated sidewalk for the developed (east side) of the roadway only. • Utility improvements include water, wastewater and storm water. ✓ New 8" water line ✓ Wastewater line improvements ✓ New underground drainage on the developed side with new area inlets ✓ Re -grading the existing roadside ditch on the west undeveloped side ✓ New 1,350 LF outfall channel from Flato Road to the Enterprize Channel to alleviate existing flooding along the roadway ❖ Future action includes land acquisition for drainage and other improvements 4 Project Schedule �hrsti Engineering 2015 2016 2017 Dec Jan Feb Mar Apr May Jun Jul Aug Preliminary Design Sep Oct Nov Dec Jan Design Bid Phase: Feb 2017 - May 2017 Construction Phase: June 2017 - Aug 2018 AGENDA MEMORANDUM First Reading for the City Council Meeting of September 13, 2016 Second Reading for the City Council Meeting of September 20, 2016 DATE: August 26, 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, Public Works valerieg@cctexas.com (361) 826-3729 Jeffrey H. Edmonds, P. E., Director, Engineering Services jeffreye@cctexas.com (361) 826-3851 Advance Funding Agreement HoIIy Road Improvements from State Highway (SH) 286 to Greenwood Drive — Bond 2012, Proposition 1 CAPTION: Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the construction on HoIIy Road from State Highway (SH) 286 to Greenwood Drive (Bond 2012 Proposition 1) with the City's local participation in the amount of $50,000 for reimbursement of direct state costs. (Bond 2012 Street Proposition 1) PURPOSE: The purpose of this Agenda Item is to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the construction on HoIIy Road from State Highway (SH) 286 to Greenwood Drive (Bond 2012 Proposition 1) with the City responsible for reimbursing the state in the amount of $50,000 for direct state costs. BACKGROUND AND FINDINGS: Construction of this project was approved in the Bond 2012 Proposition 1 Street Improvement Projects by the community in the general election held in November 2012. Bond 2012 Brochure description: "This project will provide increased capacity for traffic. Improvements include a 4 -lane road with a landscaped center median, sidewalks, curb and gutters, ADA curb ramps, bike lanes, lane striping, pavement markings and street lighting. Also includes utility upgrades for storm water, water, wastewater and gas." Only the Street and Storm Water portions of the project qualify for federal funding with an 80% Federal to 20% City match. Improvements will be constructed to Texas Department of Transportation and Federal Highway Administration criteria. This item is for the approval of the Advanced Funding Agreement (AFA) with TxDOT for their federal match. Upon approval of the AFA, the project will be advertised for bidding. Upon recommendation for construction award, City staff will bring forth an agenda item to appropriate the Texas Department of Transportation's (TxDOT) 80% construction match. ALTERNATIVES: 1. Execute the Advance Funding Agreement with TXDOT. (Recommended) 2. Do not execute the Advance Funding Agreement with TXDOT. (Not recommended) CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ® Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures Current Year Future Years TOTALS Budget $50,000 $50,000 TxDOT Projected Participation Total Budget Encumbered / Expended Amount This item (TxDOT) 50,000 50,000 Future Anticipated Expenditures This Project BALANCE $0.00 $0.00 Fund(s): Street Bond 2012, Proposition One This project is part of the Transportation Improvement Program (TIP). The TIP is the region's project and financing plan for transportation improvements. It is the investment program consisting of capital and operational improvements to the metropolitan transportation system. The TIP is the means of implementing the goals and objectives of the long-range regional transportation plan. RECOMMENDATION: City staff recommends approval of the Resolution to enter into the Advance Funding Agreement. LIST OF SUPPORTING DOCUMENTS: Resolution Advance Funding Agreement Location Map Presentation Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the construction on Holly Road from State Highway (SH) 286 to Greenwood Drive (Bond 2012 Proposition 1) with the City's local participation in the amount of $50,000 for reimbursement of direct state costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the construction on Holly Road from State Highway (SH) 286 to Greenwood Drive (Bond 2012 Proposition 1) with the City's local participation in the amount of $50,000 for reimbursement of direct state costs. SECTION 2. The City of Corpus Christi supports the funding for the project. SECTION 3. The City of Corpus Christi commits to the project's development, implementation, construction, maintenance, management and financing, subject to any necessary appropriation of funds. SECTION 4. The Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas of 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 PROJECT BUDGET Holly Road Street and Landscape Improvements from State Highway (SH) 286 to Greenwood Drive BOND ISSUE 2012 FUNDS AVAILABLE: Texas Department of Transportation Enhancement Grant (Landscaping) $ 149,443.00 Texas Department of Transportation Metropolitian Planning Organization Grant (Street) 4,080,000.00 Texas Department of Transportation Metropolitian Planning Organization Design 546,838.68 Storm Water CIP 133,500.00 Future Storm Water CIP Request 1,535,000.00 Street CIP 1,931,064.30 Water CIP 600,500.00 Future Water CIP Request 2,605,200.00 Wastewater CIP 403,643.70 Future Wastewater CIP Request 2,326,500.00 Gas CIP 28,193.70 Future Gas CIP Request 32,000.00 TOTAL $ 14,371,883.38 FUNDS REQUIRED: Design & Construction: Design Engineer (LNV Engineering) $ 1,621,599.00 Geo -Tech Testing (Rock Engineering) 17,600.00 Construction Estimate 11,182,852.00 Construction Materials Testing Estimate 287,437.67 Construction Inspection Estimate 503,015.92 Land Acquisition Estimate 300,000.00 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 143,718.83 Engineering Services (Project Mgmt/Constr Mgmt/Traffic Mgmt/Land Acq Svcs) 287,437.67 Misc. (Printing, Advertising, etc.) 25,000.00 TOTAL $ 14,368,661.09 ESTIMATED PROJECT BUDGET BALANCE $ 3,222.29 CSJ #_0916-35-170 District #16 Corpus Christi Code Chart 64 #09800 Project: Holly Road from SH 286 to Greenwood Drive in Corpus Christi, Texas Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.:20.205 Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For A Surface Transportation Program Metropolitan Mobility Project Off System THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the "State", and the City of Corpus Christi, acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Texas Transportation Commission passed Minute Order Number that provides for the development of, and funding for, the Project described herein; and, WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated , 20, which is attached to and made a part of this agreement as Attachment A for the development of the Project. A map showing the Project location appears in Attachment B, which is attached to and made a part of this agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. Period of the Agreement The period of this LPAFA is as stated in the Master Agreement, without exception. 2. Termination of this LPAFA Termination of this LPAFA shall be under the conditions as stated in the Master Agreement. This LPAFA may be terminated by the State if the Project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds. 3. Amendments Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. AFA-LPAFA ShortGen.doc Page 1 of 10 Revised 04/29/2016 CSJ #_0916-35-170 District #16 Corpus Christi Code Chart 64 #09800 Project: Holly Road from SH 286 to Greenwood Drive in Corpus Christi, Texas Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.:20.205 Not Research and Development 4. Scope of Work The scope of work for this LPAFA is described as the scope of work for this LPAFA is described as construction of a 4 -lane roadway and protected left turn lane with new curb and gutter and sidewalks, American with Disabilities Act (ADA) curb ramps, lane striping and pavement markings, underground storm water system improvements, water and wastewater improvements, removal of abandoned/used driveways, and new street lighting. Location of the project is on Holly Road from SH 286 to Greenwood Drive in Corpus Christi, Texas. 5. Right of Way and Real Property Right of way and real property shall be the responsibility of the Local Government as stated in the Master Agreement, without exception. 6. Utilities Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement, without exception. 7. Environmental Assessment and Mitigation Environmental assessment and mitigation will be carried out as stated in the Master Agreement. Additionally, before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 8. Compliance with Texas Accessibility Standards and ADA Compliance with Texas Accessibility Standards and the Americans with Disabilities Act (ADA) will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services Architectural and engineering services will be provided by the Local Government as stated in the Master Agreement. The Local Government is responsible for performance of any required architectural or preliminary engineering work. For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials design standards. The State may review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by State and Federal law. 10. Construction Responsibilities Construction responsibilities will be carried out by the Local Government as stated in the Master Agreement. 11. Project Maintenance Project maintenance will be undertaken as provided for in the Master Agreement, without exception. AFA-LPAFA ShortGen.doc Page 2 of 10 Revised 04/29/2016 CSJ #_0916-35-170 District #16 Corpus Christi Code Chart 64 #09800 Project: Holly Road from SH 286 to Greenwood Drive in Corpus Christi, Texas Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.:20.205 Not Research and Development 12. Local Project Sources and Uses of Funds A. A Project Budget Estimate is provided in Attachment C. The State and the Federal Government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for one hundred percent (100%) of the cost of any work performed under its direction or control before the Federal spending authority is formally obligated. B. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures and Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. C. A Source of Funds estimate based on the Transportation Improvement Program (TIP) is also provided in Attachment C. Attachment C shows the percentage and estimated dollar amount to be contributed to the project by federal, state, and local sources. The parties agree that the LPAFA may be amended from time to time as required to meet the funding commitments based on revisions to the TIP, Federal Project Authorization and Agreement (FPAA), or other federal document. D. The Local Government is responsible for all non-federal and non -state funding, unless otherwise provided for in this agreement or through amendment of this agreement. Where Special Approval has been granted by the State, the Local Government shall only in that instance be responsible for overruns in excess of the amount to be paid by the Local Government. E. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. F. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation." The check or warrant shall be deposited by the State and managed by the State. Funds may only be applied by the State to the Project. If after final Project accounting any excess funds remain, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. AFA-LPAFA ShortGen.doc Page 3 of 10 Revised 04/29/2016 CSJ #_0916-35-170 District #16 Corpus Christi Code Chart 64 #09800 Project: Holly Road from SH 286 to Greenwood Drive in Corpus Christi, Texas Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.:20.205 Not Research and Development G. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. H. When Special Approval has been granted by the State so that the Local Government bears the responsibility for paying cost overruns, the Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification of those amounts. I. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Any entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. J. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. K. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. 13. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements, and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 14. Incorporation of Master Agreement Provisions This LPAFA incorporates all of the governing provisions of the Master Agreement in effect on the date of final execution of this LPAFA, unless an exception has been made in this agreement. AFA-LPAFA ShortGen.doc Page 4 of 10 Revised 04/29/2016 CSJ #_0916-35-170 District #16 Corpus Christi Code Chart 64 #09800 Project: Holly Road from SH 286 to Greenwood Drive in Corpus Christi, Texas Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.:20.205 Not Research and Development 15. Insurance If this Agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 16. Debarment Certification The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, the Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 17. Cost Principles and Office of Management and Budget (OMB) Audit Requirements In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 18. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: Attn: City Manager City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 State: Director of Contract Services Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. AFA-LPAFA_ShortGen.doc Page 5 of 10 Revised 04/29/2016 CSJ #_0916-35-170 District #16 Corpus Christi Code Chart 64 #09800 Project: Holly Road from SH 286 to Greenwood Drive in Corpus Christi, Texas Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.:20.205 Not Research and Development 19. Civil Rights Compliance A. Compliance with Regulations: The Local Government will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, the Federal Highway Administration, as they may be amended from time to time. B. Nondiscrimination: The Local Government, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 45 CFR Part 21. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Local Government of the Local Government's obligations under this contract and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The Local Government shall provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the Federal Highway Administration to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the Federal Highway Administration, as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this contract, the State will impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the Local Government under the contract until the Local Government complies and/or b. cancellation, termination, or suspension of the contract, in whole or in part. F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (E) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance provided, however, that in the event an Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Local Government may request the Texas Department of Transportation to enter into such litigation to protect the interests of the AFA-LPAFA ShortGen.doc Page 6 of 10 Revised 04/29/2016 CSJ #_0916-35-170 District #16 Corpus Christi Code Chart 64 #09800 Project: Holly Road from SH 286 to Greenwood Drive in Corpus Christi, Texas Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.:20.205 Not Research and Development State; and, in addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 20. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally -Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments.pdf. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT) -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT -assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub -contractor) must include the following assurance: The contractor, sub -recipient, or sub -contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 21. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this Agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf and http://www.qpo.qov/fdsys/pko/FR-2010-09-14/pdf/2010-22706.pdf B. The Local Government agrees that it shall: AFA-LPAFA ShortGen.doc Page 7 of 10 Revised 04/29/2016 CSJ #_0916-35-170 District #16 Corpus Christi Code Chart 64 #09800 Project: Holly Road from SH 286 to Greenwood Drive in Corpus Christi, Texas Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.:20.205 Not Research and Development 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub -part 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is: https://www.sam.gov/portal/public/SAM/ 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine -character number that allows the Federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 22. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in 2 CFR 200. B. If threshold expenditures are met during the Local Government's fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 E. 11th Street, Austin, TX 78701 or contact TxDOT's Audit Office at http://www.txdot.gov/inside-txdot/office/audit/contact.html. If threshold expenditures of $750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Audit Office at http://www.txdot.gov/inside- txdot/office/audit/contact.html. C. If expenditures are less than the threshold during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $ expenditure threshold and therefore, are not required to have a single audit performed for FY ." D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 23. Non -Discrimination Provisions A. Relocation Assistance: The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects. B. Disability: a. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et. Seq.), as amended, prohibits discrimination on the basis of disability; and 49 CFR Part 27. AFA-LPAFA ShortGen.doc Page 8 of 10 Revised 04/29/2016 CSJ #_0916-35-170 District #16 Corpus Christi Code Chart 64 #09800 Project: Holly Road from SH 286 to Greenwood Drive in Corpus Christi, Texas Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.:20.205 Not Research and Development b. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by the Department of Transportation regulations at 49 C.F.R. parts 37 and 38. C. Age: The Age Discrimination Act of 1974, as amended, (42 U.S.C. § 6101 et. Seq.), prohibits discrimination on the basis of age. D. Race, Creed, Color, National Origin, or Sex: a. The Airport and Airway Improvement Act of 1982 (49 U.S.C. § 4.71, Section 4.7123), as amended, prohibits discrimination based on race, creed, color, national origin, or sex. b. The Federal Aviation Administration's Nondiscrimination state (4 U.S.C. § 47123) prohibits discrimination on the basis of race, color, national origin, and sex. c. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et. seq.), prohibits discrimination on the basis of sex. d. Title IX of the Education Amendments of 1972, as amended, prohibits discrimination because of sex in education program or activities (20 U.S.C. 1681 et. seq.). E. Civil Rights Restoration Act: The Civil Rights Restoration Act of 1987 (PL 100-209), Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs and activities" to include all of the programs or activities of the Federal -aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not. F. Minority Populations: Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures non- discrimination against minority and low-income populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. G. Limited English Proficiency: Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the Engineer must take reasonable steps to ensure that LEP persons have meaningful access to its programs (70 Fed. Reg. at 74087 to 74100). 24. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. AFA-LPAFA ShortGen.doc Page 9 of 10 Revised 04/29/2016 CSJ #_0916-35-170 District #16 Corpus Christi Code Chart 64 #09800 Project: Holly Road from SH 286 to Greenwood Drive in Corpus Christi, Texas Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.:20.205 Not Research and Development THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Signature Typed or Printed Name Title Date THE STATE OF TEXAS Kenneth Stewart Director of Contract Services Texas Department of Transportation Date AFA-LPAFA ShortGen.doc Page 10 of 10 Revised 04/29/2016 CSJ #_0916-35-170 District #16 Corpus Christi Code Chart 64 #09800 Project: Holly Road from SH 286 to Greenwood Drive in Corpus Christi, Texas Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.:20.205 Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE AFA-LPAFA ShortGen.doc Page 1 of 1 Attachment A dAA CSJ #_0916-35-170 District #16 Corpus Christi Code Chart 64 #09800 Project: Holly Road from SH 286 to Greenwood Drive in Corpus Christi, Texas Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.:20.205 Not Research and Development ATTACHMENT B PROJECT LOCATION MAP Beer Ln �0 'e4i1c y TEXAS Horne Rd t' y �.5�� c c ma Y@ E NUECESse l¢ �O e °qe ism H ya O 4Ves1 Point Rd cg ra '3 .q'�h�, S� CI' 1-1 �}°6' U" X47' 1 ®.P 09, wed u s 37a `944:, co �4. ph oi 17 sr ire, O, r$ AS g tr Scorv7 ,b R 4- a T E X A 5 4 Pier ▪ h Or -, tot 0' 3 n % 'Ra c4' bq c 'r% �° Cous • sr " .d 6 N U E C E 8 _.rp 1 rrilc End Project CSJ 0916-35-170 AFA-LPAFA ShortGen.doc Begin Project CSJ 0916-35-170 Page 1 of 1 Attachment B CSJ #_0916-35-170 District #16 Corpus Christi Code Chart 64 #09800 Project: Holly Road from SH 286 to Greenwood Drive in Corpus Christi, Texas Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.:20.205 Not Research and Development ATTACHMENT C PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS [INSERT A PROJECT BUDGET AND DESCRIPTION] Costs will be allocated based on 80% Federal funding and 20% Local Government funding until the federal funding reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the costs. Engineering cost was covered under CSJ 0916-35-150. Description Total Estimated Cost Federal Participation State Participation Local Participation % Cost % Cost % Cost Construction (by Local Government) $5,130,000 80% $4,104,000 0% $0 20% $1,026,000 Subtotal $5,130,000 $4,104,000 $0 $1,026,000 Environmental Direct State Costs $4,000 0% $0 0% $0 100% $4,000 Right of Way Direct State Costs $4,000 0% $0 0% $0 100% $4,000 Engineering Direct State Costs $8,000 0% $0 0% $0 100% $8,000 Utility Direct State Costs $4,000 0% $0 0% $0 100% $4,000 Construction Direct State Costs $30,000 0% $0 0% $0 100% $30,000 Indirect State Costs $294,462 0% $0 100% $294,462 0% $0 TOTAL $5,474,462 $4,104,000 $294,402 $1,076,000 Initial payment by the Local Government to the State: $20,000 Payment by the Local Government to the State before construction: $30,000 Estimated total payment by the Local Government to the State $50,000.This is an estimate. The final amount of Local Government participation will be based on actual costs. AFA-LPAFA ShortGen.doc Page 1 of 1 Attachment C ri (TB) HCipk Rd Corpus Christ el$ N 286 ' AgineG Si 0 u., 6 . = 1=L 01 13 Lz• x Morgan Ave -0 'a ? cu m la' 16' N. to I ef34' uli ;. al Lozano Golf Center F. = i 6- t49 v sk LP °)! ,-- •.( %1';- VillArro.il Or I ..,,F ..- ,Q ,y 1N PintRd a-1' d, si .? Project Location o E° 7 I 1 I VICINITY MAP NOT TO SCALE cole) 6'4- 4 Project Number: EMO HoIIy Rd. From Greenwood Dr. to Crosstown Expy. Bond 2012 Prop 1 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES ••••••••••••••/ Carpus Chr sti Engineering Holly Road Improvements From State Highway 286 to Greenwood Drive Bond 2012, Proposition 1 Council Presentation September 13, 2016 Project Vicinity Corpus Chrsti Engineering Lozano Golf Center k i7r 77! Project Location 2 Cr 2 Project Location Corpus Chr sti Engineering Project Scope Corpus Chrsti Engineering Bond 2012 Brochure description: "This project will provide increased capacity for traffic. Improvements include a 4 -lane road with a landscaped center median, sidewalks, curb and gutters, ADA curb ramps, bike lanes, lane striping, pavement markings and street lighting. Also includes utility upgrades for storm water, water, wastewater and gas." The Street and Storm Water portions of the project qualify for federal funding with an 80% Federal to 20% City match. Improvements will be constructed to Texas Department of Transportation and Federal Highway Administration criteria. This item is for the approval of the Advanced Funding Agreement (AFA) with TxDOT for the federal match. Upon approval of the AFA, the project will be advertised for bidding. Project Schedule Corpus Chrsti Engineering 2013 2014 2015 0 2016 2017 © oo©a©iiin© © ou©o©ool© © oomoliI O Dimino D 0 D Pending FY 2015 Funding 0 D Bid Construction Estimate: 540 Calendar Days '&18 Months AGENDA MEMORANDUM Future Item for the City Council Meeting of September 13, 2016 Action Item for the City Council Meeting of September 20, 2016 DATE: TO: August 25, 2016 Margie Rose, City Manager THRU: Mark Van Vleck, P.E., Assistant City Manager markvv@cctexas.com (361) 826-3897 Valerie H. Gray, P.E., Executive Director of Public Works ValerieG@cctexas.com (361) 826-3729 FROM: Jeffrey Edmonds, P. E., Director of Engineering Services JeffrevE@cctexas.com (361) 826-3851 Approval of Professional Services Support Contracts Engineering Services CAPTION: Motion authorizing the City Manager, or designee, to execute the Professional Services Agreements (PSAs) totaling in the amount of $994,578 to provide Engineering staff support for executing the Bond and CIP programs. PURPOSE: The purpose of this Agenda Item is to obtain authority to extend the PSAs with various professional service consultants to provide engineering staff support services in executing the Bond and CIP programs. BACKGROUND AND FINDINGS: Engineering Services is charged with the procurement of professional engineering, architecture and construction services related to execution of the Bond and Capital Improvements Programs. The department has historically used a blend of in-house and contracted staff resources to accomplish its mission of facilitating capital project execution. Currently, 367 active Capital Improvement and Bond Projects are in the planning, design, bid/acquisition, construction and closeout phases with a total current portfolio value of approximately $380 Million. The projects include streets, utilities, parks & recreation, facilities, public safety, Marina, American Bank Center, Seawall, Corpus Christi International Airport and other areas of the City system. This item is a continuation of the staff support contracts for Engineering Services that were previously 1 approved by Council on September 15, 2015. Several of these contracts are reaching contract ceilings and require renewal to maintain continuity and adherence to published project schedules. Efforts to update the Engineering Departments' compensation plan are underway and active recruiting continues. It will take at least 6-12 months however, to address the departments' staffing shortfalls. Two contracts have already expired and were extended by administrative level amendments. The Engineering Department currently has 73 budgeted positions with 29 vacancies: a 40% vacancy rate. Of the 29 vacancies, 23 (79%) are directly associated with the Project and Construction Management groups. The Project Management group is at a 76% vacancy rate and Construction Management has a 42% vacancy rate. Key positions, such as Major Project Engineers and Construction Inspectors, have remained vacant for more than 18 months due to limited, qualified applicants and applicants declining due to the positions' pay scales. Because of these recruiting difficulties, as well as increased staff demands, Engineering Services must continue to supplement the vacancy rate with contracted experienced professional resources. In early 2016, a performance assessment was performed by Frank Brogan Consulting. The assessment report indicated that Engineering Services' compensation plan was not aligned with the labor market. The assessment concluded that contracted staff positions are critical to accomplishing the department's mission until adjustments to the compensation plan can be made to make recruiting efforts more effective. Engineering and Human Resources Staff are implementing improvements that will make the recruiting process more effective. This will allow the Engineering Department to reduce the reliance on contract staff. Engineering Services has divided the contracted services into contract staff support and specialized services. Contract staff support consists of individuals that are managed like employees, have City offices and work regular office hours. The specialized services are defined as those services that are outside normal staff responsibilities and daily functions and closer resemble the project related professional services that engineering typically procures. The specialized services are being discussed here because these were bundled into the previous staff augmentation contracts that were approved in 2015. One example of the specialized service support is addressing land acquisition and interagency coordination related to the Harbor Bridge. Another area of specialized support services includes internal Quality Control audits facilitation on business process improvements. In the future, those specialized support services will be treated separately from contract staff support. This item is seeking approval of multiple time and material contracts with not -to -exceed amounts for professional services in support of Engineering Services projects currently underway as well as projects scheduled to begin during the upcoming year. The total not -to -exceed amount of the Amendments is $994,578. The proposed amendments were also reduced to from 1 -year to 6 -month intervals with the intent to implement the HR changes and shift the reliance on contract staff. The contracts contemplate a 6 - month basic period with up two staff renewable 6 month option periods. Below is a breakdown of the proposed continued contract services. 2 Contractor # of Positions Basic Contract Amendment R H Shackelford 6 $668,928 Freese & Nichols 2 187,200 Naismith Engineering 1 81,120 Linda Gurley 1 74,880 Specialized Services Vicki Marsden 1 43,680 Centerline ROW Serv. 1 77,350 Tom Niskala 1 48,620 TOTAL 13 $994,578 The contract staff will continue to be managed in a very similar fashion to City Employees. The contracted personnel are expected to maintain regular business hours on their assigned days of work and to complete required deliverables in the same fashion as a City Employee performing in the same capacity. Specialized contract services will be transitioned to work as typical professional service contractors that have assigned scopes of work which are completed on a time and material basis. ALTERNATIVES: 1. Authorize execution of the Professional Services Agreements. 2. Do not authorize execution of the Professional Services Agreements. (Not Recommended) OTHER CONSIDERATIONS: Staff will, during the term of these amendments, evaluate and amend current recruiting strategies in order to increase the success rate on filling department vacancies. The Engineering Services Department will continue to implement the recommendations internally and the operational assessment to improve department operations and overall efficiencies. CONFORMITY TO CITY POLICY: This conforms to city policy for procurement of professional services. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Engineering Services Department 3 FINANCIAL IMPACT: X 0 eratin ❑ Revenue X Capital ❑ Not aoalicable Fiscal Year 2015-2016 Project to Date Budget and Expenditures (CIP only) Current Year Future Years TOTALS Budget $994,578 $994,578 Encumbered / Expended Amount This item $994,578 $994,578 Future Anticipated Expenditures This Project BALANCE 0.00 0.00 Fund(s): Street & Utility CIP and Engineering Services Operational Comments: Contractor services will be charged to various projects in accordance with hours worked in support of each project. RECOMMENDATION: City staff recommends approval to execute the amendment to the PSAs for Engineering Services support. LIST OF SUPPORTING DOCUMENTS: Presentation Professional Service Agreement (7) Form 1295 (7) 4 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: 2016-102953 Date Filed: 08/23/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Freese and Nichols, 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. MSA - Project No. E15120 Provide professional engineering services to support staff augmentation project 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Hatley, Tricia Oklahoma City, OK United States X New, John San Antonio, TX United States X Payne, Jeff Dallas, TX United States X Herchert, Robert Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X Nichols, Michael Fort Worth, TX United States X Milrany, Cindy Fort Worth, TX United States X Pence, Robert Fort Worth, TX United States X Gooch, Thomas Fort Worth, TX 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. �:,���;�� LISA BOGGS / Notary Public, State of Texas r� cV. . ... My Commission Expires i�S'.........l�N f _ `'• t..1. '^'' 06/25/2019 gnature o authorized agent of contracting business entity wo..w AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said -- .-------)....0-1-1 6 U Zfyiai , this the .Z 3 $24) day of A.1JO S. t , 20 1 , to certify which, witness my hand and seal of office. �c1J 95 0 0 4 . - Lisa t gnature of officer admin' g oath Printed name of off ministering oath Title of officer ministering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 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: 2016-104511 Date Filed: 08/25/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Naismith Engineering, 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, Texas 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. M2015-103 Project management assistance - engineering services for staff augmentation. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Thompson, Craig Corpus Christi, TX United States X Rivera, Wilfredo Corpus Christi, TX United States X Underbrink, David Corpus Christi, TX United States X Michael, John Corpus Christi, TX United States X Jackson, Grant Corpus Christi, TX 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. .00, .7 `+f" �e�., JUNE A. FIEBIG �: Notary Public, State of Texas .h.� My Commission Expires p y�'9f ������ arc,2018 c .- - A no., AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said gf authorized agent of contracting business entity o i-tk) `A ,/y � ! . 18 / j 0-` fl �� , this the �/ � J day of pi,,oqu S j , 20 i l , to certify which, witness my hand and seal of office. ane 0 fp 40 JL J! 1., fii&-Ri6- ns�i SiPrinted name of officer administering oath Title of officer admin tering oath gnature of officer administering oat Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 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 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Centerline Right of Way Services LLC Corpus Christi, TX United States Certificate Number: 2016-103396 Date Filed: 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 08/23/2016 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. E16239 Professional Services, Right of Way 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Garza, III, Eusebio Corpus Christi, TX 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. ekt BOBBY CARROLLHARRAID,JR. r' i MY COMMISSION EXPIRES L�W' ° December 5, 2018 � ��t!/�. r� S nature of authorized agent of cony business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said e N e b l O GQ ( Z.a=this the 23 '"`'l day of 5 20 t (p , to certify which, witness my hand and seal of office. 2 r o r-5f3y a. 1-LeIRRA ►.D z• /ti" 4-. g2 r dirt of officer : dmini .tering oath Printed name of officer administering oath Title of officer adrihinistering oath mmission www.et i cs .state . tx. u s Version V1.0.277 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: 2016-105343 Date Filed: 08/29/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Linda Webster Gurley, P.E. 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, Texas 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. E15120 Plan Review and related Tasks 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Gurley, Linda Corpus Christi, TX 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. ,,•' ,., BOBBY CARROLL HARRAID, JR.1 _, ; "= MY COMMISSION EXPIRES December 5, 2018�^') at, L �o K�6 AFFIX Sworn - - -- -----J NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the said Signature of authorized agent of contracting busin s entity ,( L- 1 s wtact WtI .54 Bt' 6 .j ►-)t y , this the Z9 day of A V11.464 20 10) , to certify which, witness my hand and seal of office. t 'CN: -4373V V. 14&r)/ Tom . /1� q.4.4- 2r-- ignat re of officer adnis -ring oath Printed name of officer administer. g oath Title of officer ministering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lof1 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: 2016-106047 Date Filed: 08/30/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Vicki Marsden 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. E15120 Quality Management 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. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. . BOBBY CA ROLL HARjINDA. I MY COMMISSION EXPIRES December 5,2818 l ' �' t— V w \ja....- — — Signature business entity of authorized agent of contracting AFFIX NOTARY STAMP / SEAL ABOVE �/►) r 1. 1 t Sworn to and subscribed before me, by the said �( t / — tQ r QN, this the 30-4 day of 20C, _..li. to certify which, witness my hand and seal of office. i'fi C5 0. (4A R -R A )fly , /Li A., 4 Signatu - of o . - admi L.tering oath Printed name of officer administering oath / Title of officer administafing oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 �Y+K.S �a�+�'^"y^"�''r§s�v`4'e�'ou:;.4i'�s�`rLr�i"�". 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: 2016-105550 Date Filed: 08/29/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Thomas A. Niskala 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. E15120 Professional 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. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. _. d."fi„ BOBBY CARROLL HARRAID, JR. : i MY COMMISSION EXPIRES 1 -�-•"- ° , i December 5, 2018 -� Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE . Sworn to and subscribed before me, by the said rE'y 1r t 1 .1/ 1' S K.c (Q , this the 3 + ill day of V 20 VD , to certify which, witness my hand and seal of office. • , 13 0 )5M C ` Ke10T,1 krM6iry,.Q,es . nature 1f o icer ad • isterin oath Printed name of officer administering oath / Title of officer administefing oath Forms provid by Texas Et ics Commission www.ethics.state.tx.us Version V1.0.277 .is��'tart^ti�as%s�is��'>�b�aov+tirwe"�s CITY OF CORPUS CHRISTI AMENDMENT NO. 1 to MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, hereinafter called "CITY," and R. H. Shackelford, Inc., hereinafter called "ENGINEER," agree to the following amendment to the MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES as authorized and administratively amended by: Original Contract September 22, 2015 Motion No. M2015-103 $1,262,087.00 EXHIBIT A, shall be modified to include additional services. ARTICLE II, COMPENSATION shall be modified as shown in the attached Exhibit A for an additional fee not to exceed $668,928.00 (in figures) Six Hundred Sixty Eight Thousand Nine Hundred Twenty Eight Dollars and Zero Cents (in words) for a total restated fee not to exceed $1,931,015.00 (in figures) One Million Nine Hundred Thirty One Thousand Fifteen Dollars and Zero Cents (in words). All other terms and conditions of the September 22, 2015 contract between the "CITY" and "ENGINEER" and of any amendments to that contract which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI J.H. Edmonds, P.E. Director of Engineering Services APPROVED AS TO FORM Legal Department Date APPROVED AS TO FUNDING ONLY Office of Mgmt and Budget Date KJ , ,, (I �4 + J- ./ hoemaker, P.E. Date �51� ynn Parkway, Suite 500 Corpus Christi, TX 78411 (361) 850-3075 Office (361) 993-1131 Fax RD, INC. SI August 25, 2016 Valerie Gray, P.E. Executive Director of Public Works 1201 Leopard Street Corpus Christi, Texas 78401 Subject: PROJECT MANAGEMENT (PM) SERVICES PROPOSAL Project No. E14056 - Amendment No. 1 Ms. Gray, Please accept this proposal for Amendment No. 1 in the amount of $668,928 for a total contract value of $1,931,015. Amendment No. 1 provides extended Staff Augmentation Services initiated under previous contract. RI -ISI will provide Program Manager Services to implement the CIP including Bond 2012 and 2014 projects for the design, bid and construction phase support. The PM services include managing the budget, schedule and delivery for project design and construction contracts. In addition, RI -ISI will provide Program Manager Services to assist in the development of the Neighborhood Street Reconstruction Program for standardized street selection criteria, design criteria, budget and controls, acquisition/bidding strategies and master schedule for a multi-year program. These services will be tailored to compliment the capabilities of Engineering Services. The attached page provides a more detailed description of services. Below is a summary of the proposed effort by position. Position Hours Principle - 2 Senior PE with minimum of 15 years' experience in management/leadership with 5 years associated with municipal government 1664 Senior Construction Engr - PE and minimum of 10 years' experience with municipal government 1040 Engr 11- BS in Engineering and/or equivalent training and education specializing in Facility Maint & Repair Programs 1040 Engr Associate - BS in Engineering and/or equivalent training and education 1040 Administrative Assistant/Management Aide 624 The proposed performance period is for 6 months with an option for an additional 6 month services. Monthly invoices will be for only those hours authorized and rendered. We are prepared to meet and review this proposal at your earliest convenience. Respectfully, Jerry J. Shoemaker, P.E. President/CEO Exhibit A Page 1 of 1 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees PROJECT NAME Project No. EXXXXX Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 $0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0% 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% $0 $0 $0 $0 $0 $0 $0 0% EXHIBIT C Insurance Requirements Staff Augmentation 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. 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 1 Exhibit C Page 1 of 3 WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000 /$500,000 /$500,000 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 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 1.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.7.1 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 workers' compensation policy; 2 Exhibit C Page 2 of 3 1.7.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 1.7.4 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non -renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.8 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 3 Exhibit C Page 3 of 3 SUPPLIER NUMBER TO BE ASSIGNED BY CITY- PURCHASING DIVISION rr►,r� City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi 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 defmitions. COMPANY NAME: R.H. Shackelford, Inc. P. O. BOX: STREET ADDRESS: 5151 Flynn Parkway, Ste 500 CITY: Corpus Christi ZIP: 78411 FIRM IS: 1. Corporation 4. Association 2. Partnership 5. Other 3. Sole Owner DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each ` employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: J E I2 JY J . 4)p er4 Cit Title: Pig Fc r F4 TA Ep (Type or Print) Signature of Certifying Person: Date: 30.0 u6r' 1 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. 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 patties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-103201 Date Filed: 08/23/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. RH Shackelford, 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 fled City of Corpus Christi, Texas 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. E12215 Project Management Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary RH Shackelford, Inc Corpus Christi, TX United States X • 5 Check only if there Is NO Interested Fatly. o 6 AFRDAVIT I swear, or affirm, under of Paneth! perjury, that the above dire is true and correct. . r' Signature AFFIX NOTARY STAMP / SEAL ABOVE Swom to and subscribed before me, by the said ` Er-=C Y ' � ACe�, agent of contracting i ess entity this the 251" day otkV131,45t oat, 20 le) to certify which, witness my hand and seal of office. •01111% vu� t I`1 s' cert o • VICTORIA J STIGLIANO Notary Public State 01 Texas My C°tror on *128484072 . Signature .. officer administering oath Printed name of officer administering oath 4 de tralintRffiglInetar Forms provided by Texas Ethics Commission www.etnics.s'tate.tx.us CITY OF CORPUS CHRISTI AMENDMENT NO. 1 to MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, hereinafter called "CITY," and Freese and Nichols, Inc., hereinafter called "ENGINEER," agree to the following amendment to the MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES as authorized and administratively amended by: Original Contract September 22, 2015 Motion No. M2015-103 $363,168.00 EXHIBIT A, shall be modified to include additional services. ARTICLE II, COMPENSATION shall be modified as shown in the attached Exhibit A for an additional fee not to exceed $187,200.00 (in figures) One Hundred Eighty Seven Thousand Two Hundred Dollars and Zero Cents (in words) for a total restated fee not to exceed $550,368.00 (in figures) Five Hundred Fifty Thousand Three Hundred Sixty Eight Dollars and Zero Cents (in words). All other terms and conditions of the September 22, 2015 contract between the "CITY" and "ENGINEER" and of any amendments to that contract which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI FFIEESED NICHOLS, INC. J.H. Edmonds, P.E. Director of Engineering Services APPROVED AS TO FORM Legal Department Date APPROVED AS TO FUNDING ONLY Office of Mgmt and Budget Date G� - g 2 3 Ron G zman, P.E. Date 800 N. Shoreline, Suite 1600N Corpus Christi, TX 78414 (361) 561-6500 Office (361) 561-6501 Office rg@freese.com F FREESE NICHOLS Innovative approaches Practical results Outstanding service 800 N. Shoreline Blvd., Suite 1600N • Corpus Christi, Texas 78401 • 361-561-6500 • fax 361-561-6501 VONw.i August 17, 2016 Mrs. Valerie Gray, P.E. Executive Director of Public Works City of Corpus Christi P. 0. Box 9277 Corpus Christi, TX 78469-9277 ese.com Re: Capital Programs Department Staff Augmentation Consultant Services (Project No. E15120) — Amendment No. 2 (Revision No. 1) Dear Mrs. Gray, Freese and Nichols, Inc. (FNI) would respectfully request your consideration of our proposal for an amendment to our Project Management Services on an on-call basis. The proposal includes man-hours for one (1) P.E. (Eng. V) at a rate of $160/hr. and one (1) P.E. (Eng. IV) at a rate of $140/hr. to provide assistance with managing projects as directed by City of Corpus Christi staff for three 8 -hour days a week per engineer for 26 additional weeks. The fee associated with this effort would be $187,200. Monthly invoices will be for only those hours authorized and rendered. After the initial 16 weeks of the proposed 26 -week extension both FNI and the City of Corpus Christi will evaluate the staff augmentation services agreement and either party may terminate the agreement at that time. Services are expected to begin in September 2016 and reassessment period will begin on January 2, 2017. Please feel free to contact me at 361.561.6500 if you have any questions regarding this matter. Respectfully, Freese and Nichols, Inc. (70 -1/1 -- Ron Guzman, P.E. Vice President/Principal Enclosures Exhibit A Page 1 of 1 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees PROJECT NAME Project No. EXXXXX Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 $0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0% 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% $0 $0 $0 $0 $0 $0 $0 0% EXHIBIT C Insurance Requirements Staff Augmentation 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. 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 1 Exhibit C Page 1 of 3 WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000 /$500,000 /$500,000 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 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 1.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.7.1 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 workers' compensation policy; 2 Exhibit C Page 2 of 3 1.7.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 1.7.4 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non -renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.8 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 3 Exhibit C Page 3 of 3 elSUPPLIER NUMBER lot TO BE ASSIGNED BY CITY - = PURCHASING DIVISION City of Corpus Christi CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Freese and Nichols, Inc. P. O. BOX: STREET ADDRESS: 800 N. Shoreline, Ste. 1600N CITY: Corpus Christi ZIp: 78401 FIRM IS: 1. Corporation 4. Association 2. Partnership 5. Other 3. Sole Owner DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3° o or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 300 or more of the ownership in the above named "firm." Name N Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N/A Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Ron Guzman, P.E. Title: Principal (Type or Print) Signature of Certifying Person: Date: gj • 2 3 .1 ce, DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. 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: 2016-102953 Date Filed: 08/23/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Freese and Nichols, 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. MSA - Project No. E15120 Provide professional engineering services to support staff augmentation project 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Hatley, Tricia Oklahoma City, OK United States X New, John San Antonio, TX United States X Payne, Jeff Dallas, TX United States X Herchert, Robert Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X Nichols, Michael Fort Worth, TX United States X Milrany, Cindy Fort Worth, TX United States X Pence, Robert Fort Worth, TX United States X Gooch, Thomas Fort Worth, TX 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. �:,���;�� LISA BOGGS / Notary Public, State of Texas r� cV. . ... My Commission Expires i�S'.........l�N f _ `'• t..1. '^'' 06/25/2019 gnature o authorized agent of contracting business entity wo..w AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said -- .-------)....0-1-1 6 U Zfyiai , this the .Z 3 $24) day of A.1JO S. t , 20 1 , to certify which, witness my hand and seal of office. �c1J 95 0 0 4 . - Lisa t gnature of officer admin' g oath Printed name of off ministering oath Title of officer ministering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 to MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, hereinafter called "CITY," and NAISMITH ENGINEERING, INC. hereinafter called "ENGINEER," agree to the following amendment to the MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES as authorized and administratively amended by: Original Contract [ September 22, 2015 I Motion No. M2015-103 1 $162,240.00 ] EXHIBIT A, shall be modified to include additional services. ARTICLE II, COMPENSATION shall be modified as shown in the attached Exhibit A for an additional fee not to exceed $81,120.00 (in figures) Eighty One Thousand One Hundred Twenty Dollars and Zero Cents (in words) for a total restated fee not to exceed $243,360.00 (in figures) Two Hundred Forty Three Thousand Three Hundred Sixty Dollars and Zero Cents (in words). All other terms and conditions of the September 22, 2015 contract between the "CITY" and "ENGINEER" and of any amendments to that contract which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI NAISMITH ENGINEERING. INC. J.H. Edmonds, P.E. Director of Engineering Services APPROVED AS TO FORM Legal Department Date APPROVED AS TO FUNDING ONLY Office of Mgmt and Budget Date df t A. J,.ckrl, P.E. Date 4501 Gollihar Read Corpus Christi, TX 78411 (361) 814-9900 Office (361) 814-4401 Fax gjackson@naismith-engineering.com Naismith E n g i n ee ri n g,Inc ARCHITECTURE® ENGINEERING ■ ENVIRONMENTAL SURVEYING TBPE FIRM NO. F-355 August 17, 2016 TBPLS No. F-100395-00 ESTABLISHED 1949 OVER 60 YEARS OF ENG/NEER/NG EXCELLENCE Jeff. H. Edmonds, PE Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 SUBJECT: Project Management Assistance — Engineering Services Amendment 1 to MSA Dear Mr. Edmonds: NEI is pleased to offer this proposal, Amendment 1, to provide project management assistance to the Engineering Services Department. As requested by the City, NEI is proposing to provide a senior project manager for up to two (2) six month periods. The assistance will be provided by Mrs. Melanie Gavlik, PE, for an initial period of twenty six (26) weeks for twenty four (24) hours per week, for a total of 624 hours. The hourly rate for these services would be $130, for a total of $81,120.00. We would consider extending an additional 26 weeks for an additional amount of $81,120.00. This would bring the total value of Amendment 1 to $162,240.00, to be authorized in two phases and a total restated contract value of $324,480.00 NEI is in discussions with another individual to provide an additional project manager to the City at the same rate above. If those discussions are successful, we will submit a supplemental proposal. We thank you for your consideration. Attached please find Exhibit A, which includes a summary of fees and schedule. Should you have any questions, please do not hesitate to call. Very Truly Yours, NAISMITH ENGINEERING, INC. Grant A. Jackson, P.E. Vice President Z:\9499 City Of Corpus Christi Staff Augmentation\CP-PM_Assistance-2016-07.Docx Exhibit A Page 1 of 1 4501 Gollihar Road. Corpus Christi, TX 78411 • 800-677-2831 361-814-9900 Fax 361-814-4401 • naismith-engineering.com EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS AMENDMENT 1 TO MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES FOR PROJECT MANAGEMENT ASSISTANCE TO ENGINEERING SERVICES DEPARTMENT I. SCOPE OF SERVICES 1. SPECIAL SERVICES 1. Project Management Assistance. The Architect/Engineer-A/E (also referred to as Consultant) will provide a professional engineer to serve as a project manager on various City projects for the Engineering Services Department. Anticipated tasks will include the following: a) Review and track project status and budgets and provide periodic project updates to the Engineering Services Department and others (as directed) departments/personnel within the City. b) Correspond and conduct meetings with the City's Consultants on various City projects, provided requested record drawings/information from City records, and develop City comments on Consultant work products. c) Coordinate meetings and review comments with City Consultants and Operating Departments on City Projects. d) Attend Public Meetings associated with City Projects. e) Review City Consultant Monthly Status Reports on City projects. f) Other project management tasks, as assigned by the Director of Engineering Services. The individual professional engineer shall be approved by the Director of Engineering Services and may only be changed with the written authorization of the Director of Engineering Services. The Director will not unreasonably withhold or condition such approval. II. SCHEDULE Date Activity Hourly at $130.00 for 24 hours for a total of 26 weeks $81,120.00 An additional 26 weeks for a total of $162,240.00 CAPITAL PROGRAMS PROJECT MANAGEMENT ASSISTANCE III. FEES 1. Fee for Special Services. The City will pay the A/E a fixed hourly fee for providing for all "Special Services" authorized as per the table below. The fees for Special Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. The statement will be based upon A/E's records (and with City's concurrence) Z:\9499 City of Corpus Christ Staff Augmentaton\COCC Contract 7 26 16.docx EXHIBIT "A-1" Page 1 of 2 Revised May 1, 2015 of the hour of services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. Summary of Fees Special Services Fees Description Original MSA Amendment 1 1. Project Management Assistance $162,240.00 $162,240.00 Subtotal Special Services Fees Total Authorized Fee $324,480.00 EXHIBIT "A-1" Page 2 of 2 Revised May 1, 2015 Z:\9499 City of Corpus Christi Staff Augmentation \COCC Contract 7 26 16.docx Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees PROJECT NAME Project No. EXXXXX Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 $0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0% 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% $0 $0 $0 $0 $0 $0 $0 0% EXHIBIT C Insurance Requirements Staff Augmentation 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. 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 1 Exhibit C Page 1 of 3 WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000 /$500,000 /$500,000 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 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 1.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.7.1 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 workers' compensation policy; 2 Exhibit C Page 2 of 3 1.7.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 1.7.4 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non -renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.8 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 3 Exhibit C Page 3 of 3 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 defmitions. COMPANY NAME: Naismith Engineering, Inc. P. O. BOX: N/A STREET ADDRESS: 4501 Gollihar Road CITY Corpus Christi ZIP: 78411 FIRM IS: 1. Corporation 4. Association 2. Partnership ❑ 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary,tplease use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) None 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title None 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee Wilfredo Rivera, Jr. Transportation Advisory Commission 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant None FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Grant Jackson, P.E. (Type or Print) Signature of Certifying Person: Title: Vice President DEFINITIONS Date: 08/17/2016 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. 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: 2016-104511 Date Filed: 08/25/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Naismith Engineering, 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, Texas 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. M2015-103 Project management assistance - engineering services for staff augmentation. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Thompson, Craig Corpus Christi, TX United States X Rivera, Wilfredo Corpus Christi, TX United States X Underbrink, David Corpus Christi, TX United States X Michael, John Corpus Christi, TX United States X Jackson, Grant Corpus Christi, TX 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. .00, .7 `+f" �e�., JUNE A. FIEBIG �: Notary Public, State of Texas .h.� My Commission Expires p y�'9f ������ arc,2018 c .- - A no., AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said gf authorized agent of contracting business entity o i-tk) `A ,/y � ! . 18 / j 0-` fl �� , this the �/ � J day of pi,,oqu S j , 20 i l , to certify which, witness my hand and seal of office. ane 0 fp 40 JL J! 1., fii&-Ri6- ns�i SiPrinted name of officer administering oath Title of officer admin tering oath gnature of officer administering oat Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CITY OF CORPUS CHRISTI AMENDMENT NO. 2 to AGREEMENT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, hereinafter called "CITY," and Centerline Right of Way Services, LLC. hereinafter called "CONSULTANT," agree to the following amendment to the AGREEMENT FOR PROFESSIONAL SERVICES as authorized and administratively amended by: Original Contract February 11, 2016 Administrative Approval $37,500.00 Amendment No. 1 May 26, 2016 Administrative Approval $12,000.00 EXHIBIT A, shall be modified to include additional services. ARTICLE II, COMPENSATION shall be modified as shown in the attached Exhibit A for an additional fee not to exceed $77,350.00 (in figures) Seventy Seven Thousand Three Hundred Fifty Dollars and Zero Cents (in words) for a total restated fee not to exceed $126,850.00 (in figures) One Hundred Twenty Six Thousand Eight Hundred Fifty Dollars and Zero Cents (in words). All other terms and conditions of the February 11, 2016 contract between the "CITY" and "CONSULTANT" and of any amendments to that contract which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI CENTERLINE RIGHT OF WAY SERVICES, LLC J.H. Edmonds, P.E. Director of Engineering Services APPROVED AS TO FORM Legal Department Date APPROVED AS TO FUNDING ONLY Office of Mgmt and Budget Date D/2/Eusebio "Son l4�' Garza, III DDD to Principal, Project Manager 5938 Crooked Creek Drive Corpus Christi, TX 78414 (361) 813-6572 egarza3@centerlinerows.com CENTERLINE Right of Way Services, LLC 5938 Crooked Creek Dr. 361.813.6572 Corpus Christi, Texas 78414 TID: 81-131683 egarza3@centerlinerows.com August 23, 2016 City of Corpus Christi Department of Engineering Services c/o Mr. Jeff Edmonds, P.E., Director P.O. Box 9277 Corpus Christi, Texas 78469-9277 Re: Proposal for Professional Services Contract Property & Land Acquisition Division Dear Mr. Edmonds: Please accept my proposal for a Professional Services Contract with the City of Corpus Christi. My company offers a wide range of support services focused in the right-of-way acquisition field. As indicated on the attached Scope of Work, there are various areas that I can provide professional services for the Department of Engineering Services as well as several of the other City departments as needed. My credentials include 28 years of experience in right-of-way acquisition, staff management, Texas Real Estate Appraiser's license, and notary public license. I propose an initial, non-exclusive contract with the City for the total amount of $77,350.00. This amount is based on a term of twenty-six (26) weeks (six months) with a 35 hour work week at the base fee of $85.00 per hour. I am available to commence these services for the initial period of six months with an option for renewal for two additional six month periods. Standard travel and per diem expenses will be billed at approved rates in the event there is work requiring travel outside the City's ETJ limits. Attached is my current Certificate of Commercial Liability and Auto Liability Insurance policy in the amounts required by the City. I would appreciate the opportunity to provide professional services for the City of Corpus Christi. Please contact me at (361) 813-6572 if you have questions regarding this proposal or if you need any additional information. Sincerely, Esebio (Sonny) GarII Principal, Project M. ager Centerline R.O.W. Service, LLC Att: Scope of Work Exhibit A Page 1 of 1 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees PROJECT NAME Project No. EXXXXX Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 $0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0% 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% $0 $0 $0 $0 $0 $0 $0 0% SUPPLIER NUMBER TO BE ASSIGNED BY CITY- PURCHASING DIVISION rr►,r� City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Centerline Right of Way Services, LLC. P. O. BOX: STREET ADDRESS: 5938 Crooked Creek Drive FIRM IS: 1. Corporation 4. Association CITY: Corpus Christi ZIP: 78414 2. Partnership 5. Other X 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) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: �U���� �q�Z,,d, Title: /'moi 'PPG 2a / 1'061a:7 c (Type or Print) Signature of Certifying Person: Date: 2� _ale DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g• "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. 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 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Centerline Right of Way Services LLC Corpus Christi, TX United States Certificate Number: 2016-103396 Date Filed: 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 08/23/2016 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. E16239 Professional Services, Right of Way 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Garza, III, Eusebio Corpus Christi, TX 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. ekt BOBBY CARROLLHARRAID,JR. r' i MY COMMISSION EXPIRES L�W' ° December 5, 2018 � ��t!/�. r� S nature of authorized agent of cony business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said e N e b l O GQ ( Z.a=this the 23 '"`'l day of 5 20 t (p , to certify which, witness my hand and seal of office. 2 r o r-5f3y a. 1-LeIRRA ►.D z• /ti" 4-. g2 r dirt of officer : dmini .tering oath Printed name of officer administering oath Title of officer adrihinistering oath mmission www.et i cs .state . tx. u s Version V1.0.277 CITY OF CORPUS CHRISTI AMENDMENT NO. 2 to MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, hereinafter called "CITY," and Linda Webster Gurley, P.E., hereinafter called "ENGINEER," agree to the following amendment to the MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES as authorized and administratively amended by: Original Contract September 22, 2015 Motion No. M2015-103 $141,440.00 Amendment No. 1 pending Admin Approval $28,800.00 EXHIBIT A, shall be modified to include additional services. ARTICLE II, COMPENSATION shall be modified as shown in the attached Exhibit A for an additional fee not to exceed $74,880.00 (in figures) Seventy Four Thousand Eight Hundred Eighty Dollars and Zero Cents (in words) for a total restated fee not to exceed $245,120.00 (in figures) Two Hundred Forty Five Thousand One Hundred Twenty Dollars and Zero Cents (in words). ARTICLE III, INSURANCE REQUIREMENTS shall be modified as follows: "Insurance is not required for this contract. This is a staff augmentation contract that does not involve outside activities, handling cash, driving on city business or operating non -auto outdoor equipment on city business." All other terms and conditions of the September 22, 2015 contract between the "CITY" and "ENGINEER" and of any amendments to that contract which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI LINDA WEBSTER GURLEY, P.E. J.H. Edmonds, P.E. Director of Engineering Services APPROVED AS TO FORM Legal Department Date APPROVED AS TO FUNDING ONLY Office of Mgmt and Budget Date Linda Webster Gurley, . Date 7510 Milan Street Corpus Christi, TX 78414 (361) 850-3075 Office (361) 993-1131 Fax Iindag@cctexas.com Linda Webster Gurley, P.E. 7510 Milan St. Corpus Christi, Texas 78414 (361) 850-3075 Iwgurley@gmail.com August 29, 2016 Mr. J.H. Edmonds, P.E. Director of Engineering Services City of Corpus Christi PO Box 9277 Corpus Christi, Texas 78469-9277 RE: CITY OF CORPUS CHRISTI LARGE CONTRACT — AMENDMENT #2 ENGINEERING SERVICES PLAN REVIEW SERVICES Dear Mr. Edmonds, Please accept this letter proposal to provide Additional Services under Amendment #2 to my current Contract to provide plan review professional services on behalf of Engineering Services. Specific services proposed under this Contract include assisting the Engineering Services Department with professional review of drawing and specification submittals for general conformance with City Standards and requirements, and to provide other services on related tasks as needed and as requested and mutually agreed upon. Services may include review, recommendations, and administration/organization, but do not include plan preparation and/or sealing of design documents or any activity requiring the use of a professional engineer's seal. I am available to provide services as described above for at least 15 hours per week and up to an average of 32 hours per week at a rate of $90 per hour plus reimbursement for the cost of any City required expenses and insurance for a period of up to 6 -months and not to exceed a total amount of $74,880, with the option for up to 2 6 -month period extensions or renewals, as needed and if mutually agreed (18 months total, including the 2 options). Your consideration of this Proposal for Amendment #2 for Additional Services is appreciated. Please don't hesitate to let me know if you have any questions or would like additional support documentation. Sincerely, C( LJ .CfiAza_ Linda Webster Gurley, P.E. License #55935 Firm #F-14301 Exhibit A Page 1 of 1 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees PROJECT NAME Project No. EXXXXX Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 $0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0% 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% $0 $0 $0 $0 $0 $0 $0 0% 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 definitions. COMPANY NAME: P. O. BOX: STREET ADDRESS: L iND i1 WE8� TE% GU/ Ekt) PE NA 7510 /Th -au S FIRM IS: 1. Corporation 4. Association CITY: ( oil -FUS Cate -15h ZIP: 76414- 2. 641¢ 2. Partnership e 5. Other 3. Sole Owner ER DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N/A Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Limp 3 . G Up1-&V Title: wrter (Type or Print) Signature of Certifying Person: ?/ W. 9L It Date: B "3 _ (Q0l10 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. 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: 2016-105343 Date Filed: 08/29/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Linda Webster Gurley, P.E. 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, Texas 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. E15120 Plan Review and related Tasks 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Gurley, Linda Corpus Christi, TX 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. ,,•' ,., BOBBY CARROLL HARRAID, JR.1 _, ; "= MY COMMISSION EXPIRES December 5, 2018�^') at, L �o K�6 AFFIX Sworn - - -- -----J NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the said Signature of authorized agent of contracting busin s entity ,( L- 1 s wtact WtI .54 Bt' 6 .j ►-)t y , this the Z9 day of A V11.464 20 10) , to certify which, witness my hand and seal of office. t 'CN: -4373V V. 14&r)/ Tom . /1� q.4.4- 2r-- ignat re of officer adnis -ring oath Printed name of officer administer. g oath Title of officer ministering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CITY OF CORPUS CHRISTI AMENDMENT NO. 2 to MASTER SERVICES AGREEMENT The City of Corpus Christi, Texas, hereinafter called "CITY," and Vicki Marsden, a Sole Proprietor, hereinafter called "CONSULTANT," agree to the following amendment to the Master Services Agreement as authorized by: Original Contract September 22, 2015 Motion 2015-103 $87,360.00 Amendment No. 1 pending Admin Approval $23,520.00 EXHIBIT A shall be modified to extend services. SUMMARY OF FEES shall be modified as shown in the attached Exhibit A for an additional fee not to exceed $43,680.00 (in figures) Forty Three Thousand Six Hundred Eighty Dollars and Zero Cents (in words) for a total restated fee not to exceed $154,560.00 (in figures) One Hundred Fifty Four Thousand Five Hundred Sixty and Zero Cents (in words). All other terms and conditions of the September 22, 2015 contract between the "CITY" and "CONSULTANT" and of any amendments to that contract which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI VICKI MARSDEN J. H. Edmonds, P.E. Director of Engineering Services APPROVED AS TO FORM Legal Department Date Vicki Marsden Date Sole Proprietor 15333 Caravel Drive Corpus Christi, Texas 78418 VickiM@cctexas.com Vicki Marsden, CQIA 15333 Caravel Drive, Corpus Christi TX 78418 qualitvmanagementsolutions@gmail.com 210.379.3279 Mr. J.H. Edmonds, P.E. Director of Capital Programs City of Corpus Christi PO Box 9277 Corpus Christi, Texas 78469-9277 8th August 2016 RE: CITY OF CORPUS CHRISTI, ENGINEERING SERVICES QUALITY MANAGEMENT SYSTEM PROFRESSIONAL SERVICES PROPOSAL Dear Mr. Edmonds; Please accept this proposal to provide professional services to the City of Corpus Christi, Engineering Services Department to assist in their pursuit of organizational excellence and meet their mission of 'being the best in Texas.' Specific deliverables under this contract include but are not limited to: • Document and publish remaining process flows and procedures: FMAC, TxDoT, and Administrative procedures; update all previously documented procedures to reflect changes in practices including new software programs and interactions between programs. • Provide training, as appropriate, on documented policies and procedures to Engineering Services Department personnel. • Lead the process improvement program. Identify, document, and train personnel on changes. Implement pilot programs, check progress, make adjustments, and report findings. • Publish an Internal Project Quality Audit Schedule. • Train and mentor auditors. Lead audit teams to perform internal quality audits at both the QMS program -level and project -level. Provide reports of all audit findings for corrective actions, process improvements, and trends. • Manage, report, and document the monthly Steering Committee and Process Focus Group activities. • Identify, collect, and report performance metrics to leadership on a monthly basis. • Perform as the Site Collection Administrator for the Process Asset Library (PAL); provide support for Engineering Services Department personnel on use of the PAL. This proposal is for a period of 6 -months with the option to extend for 2 -option -periods, both 6 -months each, if mutually agreed upon by both parties. My rate is $70.00 per hour, with a not to exceed sum of $43,680.00 each 6 -month period, plus reimbursement for the cost of any City -required insurance. Invoicing would be monthly and terms would be net 30. Your consideration is greatly appreciated. If you have any questions please don't hesitate to call me. Sincerely, Vicki Marsden, CQIA Exhibit A Page 1 of 1 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees PROJECT NAME Project No. EXXXXX Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 $0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0% 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% $0 $0 $0 $0 $0 $0 $0 0% EXHIBIT C Insurance Requirements Staff Augmentation 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. 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 1 Exhibit C Page 1 of 3 WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000 /$500,000 /$500,000 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 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 1.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.7.1 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 workers' compensation policy; 2 Exhibit C Page 2 of 3 1.7.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 1.7.4 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non -renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.8 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 3 Exhibit C Page 3 of 3 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 definitions. COMPANY NAME: \ c x c S c\er ¶o\e_ ypr o.i r. P. O. BOX: STREET ADDRESS: \S333 C53,1-c1/49S, L�c FIRM IS: 1. Corporation 4. Association CITY: (04- �4ns (_\nf.si ZIP: ---N}-1' 2. Partnership 5. Other 8 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) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N/A Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] 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: c vcm Ma.c- e\e•c Title: (1(N `Mevr (Type or Print) Signature of Certifying Person: Date: ‘2-1 `b DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. CERTIFICATE OF INTERESTED PARTIES FORM 1295 lof1 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: 2016-106047 Date Filed: 08/30/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Vicki Marsden 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. E15120 Quality Management 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. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. . BOBBY CA ROLL HARjINDA. I MY COMMISSION EXPIRES December 5,2818 l ' �' t— V w \ja....- — — Signature business entity of authorized agent of contracting AFFIX NOTARY STAMP / SEAL ABOVE �/►) r 1. 1 t Sworn to and subscribed before me, by the said �( t / — tQ r QN, this the 30-4 day of 20C, _..li. to certify which, witness my hand and seal of office. i'fi C5 0. (4A R -R A )fly , /Li A., 4 Signatu - of o . - admi L.tering oath Printed name of officer administering oath / Title of officer administafing oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CITY OF CORPUS CHRISTI MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is 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 Tom Niskala of Corpus Christi, Texas (Consultant). TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER 2 ARTICLE II COMPENSATION 2 ARTICLE III QUALITY CONTROL PLAN 3 ARTICLE IV INSURANCE REQUIREMENTS 4 ARTICLE V INDEMNIFICATION 4 ARTICLE VI TERM; RENEWALS; TIMES FOR RENDERING SERVICE 4 ARTICLE VII TERMINATION OF AGREEMENT 5 ARTICLE VIII RIGHT OF REVIEW AND AUDIT 6 ARTICLE IX OWNER REMEDIES 6 ARTICLE X CONSULTANT REMEDIES 7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION 7 ARTICLE XII MISCELLANEOUS PROVISIONS 8 EXHIBIT A SAMPLE TASK ORDER EXHIBIT B CONSULTANT PROPOSAL EXHIBIT B-1 CONFIDENTIAL RATE SCHEDULE EXHIBIT C PAYMENT REQUEST FORM EXHIBIT D DISCLOSURE OF INTEREST EXHIBIT E CERTIFICATE OF INTERESTED PARTIES Page 1 Rev. 4/22/16 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\STAFF AUGMENTATION CONTRACTS (AMD 1) SEPTEMBER 2016\TOM NISCALA\MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES.DOCX ARTICLE I — PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as City and Consultant agree will be performed under the terms and conditions of this Agreement. Each task Consultant performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and Consultant. Each properly executed Task Order shall become a separate supplemental agreement to this Agreement. 1.2 The Consultant shall provide its Scope of Services, to be included in each Task Order. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services which would normally be required by law or common due diligence. 1.3 Under this Agreement, Consultant will provide services on a Task Order basis for a range of services related to assisting Engineering Services with professional engineering, architecture and construction services related to execution of Capital Improvements Programs. All work will be subject to authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. 1.4 Consultant must comply with City standards, as specified in the UDC or Code of Ordinances, as applicable, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Task Order. 1.5 Consultant must perform tasks and submit deliverables as detailed in each approved Task Order. 1.6 Consultant must provide all labor, equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Additionally, Consultant shall provide staff for regular, overtime, night, weekend and holiday service, as requested by City. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. 1.7 Consultant 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. ARTICLE II — COMPENSATION 2.1 The Compensation for all services included in this Agreement and in the Scope of Services for this Agreement shall not exceed $48,620.00. 2.2 The Consultant's fee for each Task Order will be on a lump sum or time and materials (T&M) basis with a negotiated not -to -exceed amount. The fees will not exceed those identified and will be full and total compensation for all services outlined in each Task Order, and for all expenses incurred in performing these services. 2.3 Consultant shall submit a proposal to the City, which shall be incorporated into this agreement as Exhibit B, subject to approval by the City. 2.4 Consultant shall submit a Rate Schedule, shown in Exhibit B-1, with their proposal. The rate schedule shall remain confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Page 2 Rev. 4/22/16 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\STAFF AUGMENTATION CONTRACTS (AMD 1) SEPTEMBER 2016\TOM NISCALA\MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES.DOCX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. 2.5 Monthly invoices will be submitted in accordance with the Payment Request (Exhibit C). For T&M basis fees, Consultant shall submit documentation with the monthly invoice that shows who worked on the Project, the number of hours that each individual worked on the Project and reimbursables for that individual. 2.5.1 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals acting in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with each payment request that clearly indicates how that individual's time is allocated and the justification for that allocation. 2.6 The anticipated fee structure under this agreement is as follows: 2.7 All services shall be performed and the applicable standard of professional care set forth herein and to City's satisfaction, which satisfaction shall be judged by the Director in his/her sole discretion. City shall not be liable for any payment under this Agreement for services which are unsatisfactory and which previously have not been approved by the Director. 2.8 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.9 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 2.10 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be directed to suspend work pending receipt and appropriation of funds. ARTICLE III — QUALITY CONTROL PLAN 3.1 The Consultant agrees to perform quality assurance -quality control/constructability reviews (QCP Review). In the event that the City retains a separate consultant to perform additional QCP services for the City, the Consultant will provide all necessary information to the City, address any comments from the City's consultant and provide resolution to the City's satisfaction. 3.2 The Consultant will perform QCP Reviews at intervals during the design phase to ensure plans, Page 3 Rev. 4/22/16 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\STAFF AUGMENTATION CONTRACTS (AMD 1) SEPTEMBER 2016\TOM NISCALA\MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES.DOCX DESCRIPTION NOT TO EXCEED AMOUNT Maximum Contract Amount $48,620.00 Task 1 — TBD TBD Task 2 — TBD TBD Task 3 — TBD TBD Task 4 — TBD TBD Task 5 — TBD TBD Task 6 — TBD TBD 2.7 All services shall be performed and the applicable standard of professional care set forth herein and to City's satisfaction, which satisfaction shall be judged by the Director in his/her sole discretion. City shall not be liable for any payment under this Agreement for services which are unsatisfactory and which previously have not been approved by the Director. 2.8 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.9 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 2.10 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be directed to suspend work pending receipt and appropriation of funds. ARTICLE III — QUALITY CONTROL PLAN 3.1 The Consultant agrees to perform quality assurance -quality control/constructability reviews (QCP Review). In the event that the City retains a separate consultant to perform additional QCP services for the City, the Consultant will provide all necessary information to the City, address any comments from the City's consultant and provide resolution to the City's satisfaction. 3.2 The Consultant will perform QCP Reviews at intervals during the design phase to ensure plans, Page 3 Rev. 4/22/16 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\STAFF AUGMENTATION CONTRACTS (AMD 1) SEPTEMBER 2016\TOM NISCALA\MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES.DOCX specifications and drawings satisfy accepted quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the project scope and Construction Estimate as needed. Documentation will be included that verifies interdisciplinary coordination has occurred. The Consultant will perform constructability reviews, using persons with construction experience, at 3.3 appropriate intervals during the design phase to ensure that the Project is buildable, as well as cost- effective, biddable and maintainable. Based on the findings of the constructability reviews, the Consultant will redesign the Project, as required, and provide interim construction estimates. 3.4 Consultant is responsible for the accuracy and competency of its QCP reviews and final construction documents. Documents that do not meet City standards may be rejected. Consultant will not be compensated for having to resubmit documents. ARTICLE IV - Insurance is required per Exhibit E. ARTICLE V - INDEMNIFICATION 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. ARTICLE VI —TERM; RENEWALS; TIMES FOR RENDERING SERVICE 5.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 5.2 This Agreement shall be applicable to Task Order issued hereunder from the Effective Date of the Agreement until project is complete. Page 4 Rev. 4/22/16 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\STAFF AUGMENTATION CONTRACTS (AMD 1) SEPTEMBER 2016\TOM NISCALA\MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES.DOCX 5.3 The parties may extend or renew this Agreement, with or without changes, by written instrument establishing a new term. 5.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times are so stated, Consultant will perform services and provide deliverables within a reasonable time. ARTICLE VII - TERMINATION OF AGREEMENT 6.1 By Consultant: 6.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 6.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 6.2 By City: 6.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 6.2.2 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. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 6.3 Termination Procedure 6.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 6.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 6.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 6.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. Page 5 Rev. 4/22/16 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\STAFF AUGMENTATION CONTRACTS (AMD 1) SEPTEMBER 2016\TOM NISCALA\MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES.DOCX ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 7.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 7.2 "Consultant's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and any and all other agreements, sources of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 7.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's records only during City's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's records, Consultant's facilities and Consultant's current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 7.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX—OWNER REMEDIES 8.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 8.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 8.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 8.1.3 Losses are incurred because of defects, errors and omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been defects, errors and omissions in the documents. 8.2 The City may assert a claim against the Consultant's professional liability insurance as appropriate when other remedies are not available or offered for design deficiencies discovered during and after Project construction. Page 6 Rev. 4/22/16 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\STAFF AUGMENTATION CONTRACTS (AMD 1) SEPTEMBER 2016\TOM NISCALA\MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES.DOCX 8.3 When the City incurs non -value added work costs for change orders due to design errors or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non -value added work costs incurred by the City; and (4) Deadline for Consultant's response. 8.4 The Consultant may be required to revise bid documents and re -advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 8.5 The City may withhold or nullify the whole or part of any payment as detailed in Article II. ARTICLE X — CONSULTANT REMEDIES 9.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 9.2 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 10.1 Filing of Claims 10.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty- one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 10.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 10.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 10.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Alternative Dispute Resolution. 10.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement and City shall continue to make payments in accordance with this Agreement. Page 7 Rev. 4/22/16 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\STAFF AUGMENTATION CONTRACTS (AMD 1) SEPTEMBER 2016\TOM NISCALA\MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES.DOCX 10.2 Alternative Dispute Resolution 10.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 10.2.2 Before invoking mediation or any other alternative dispute resolution (ADR) process set forth herein, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of any other ADR process. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation ADR process contained herein. 10.2.3 Mediation 10.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 10.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 10.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 10.2.3.4 The parties shall share the mediator's fee. Venue for any mediation or lawsuit arising under this Agreement shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 10.3 Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute in this Agreement. 10.4 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 11.1 Use of Local Expertise/ Local Professional Participation. The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. Page 8 Rev. 4/22/16 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\STAFF AUGMENTATION CONTRACTS (AMD 1) SEPTEMBER 2016\TOM NISCALA\MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES.DOCX 11.2 Assignability. The Consultant will not assign, transfer or delegate any of its obligations or duties in this Agreement 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. 11.3 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse, without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. 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. 11.4 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 11.5 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 11.6 Entire Agreement. This Agreement, including Task Orders, 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. 11.7 Disclosure of Interest. (Exhibit D) Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 11.8 Certificate of Interested Parties. (Exhibit E). 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 that exceed $50,000. 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 Page 9 Rev. 4/22/16 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\STAFF AUGMENTATION CONTRACTS (AMD 1) SEPTEMBER 2016\TOM NISCALA\MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES.DOCX (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. 11.9 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 11.10 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. 11.11 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. 11.12 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Scope of Services or in any other document prepared by Consultant and included herein, is in conflict with the terms of this Agreement and/or an approved Task Order, this Agreement and/or the Task Order shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI TOM NISKALA J.H. Edmonds, P. E. (Date) Tom Niskala Director of Engineering Services 239 Circle Drive Corpus Christi 78411 APPROVED Office of Management (Date) and Budget K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\STAFF AUGMENTATION CONTRACTS (AMD 1) SEPTEMBER 2016\TOM NISKALA\SINGLE PAGE.DOCX (Date) Page 10 Rev. 4/22/16 APPROVED AS TO LEGAL FORM Assistant City Attorney (Date) for City Attorney ATTEST Rebecca Huerta, City Secretary Page 11 Rev. 4/22/16 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\STAFF AUGMENTATION CONTRACTS (AMD 1) SEPTEMBER 2016\TOM NISCALA\MASTER SERVICES AGREEMENT - PROFESSIONAL SERVICES.DOCX EXHIBIT A SAMPLE TASK ORDER This Task Order pertains to a Master Services Agreement for Professional Services by and between City of Corpus Christi, Texas (City) and "Company Name" (Consultant) dated , 2016 (Agreement). Consultant shall perform services on the project described below as provided in this Task Order and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. TASK ORDER NO.: PROJECT NAME: 1. PROJECT DESCRIPTION 2. SCOPE OF SERVICES 3. COMPENSATION This Task Order is approved and Consultant may proceed. All other terms and conditions of the Agreement remain in full force and effect. CITY OF CORPUS CHRISTI TOM NISKALA J.H. Edmonds, P. E. (Date) Tom Niskala Director of Engineering Services 239 Circle Drive Corpus Christi 78411 RECOMMENDED Operating Department (Date) (Date) Master Services Agreement Exhibit A MEMORANDUM To: Jeff H. Edmonds, P.E., Director of Engineering Services From: Tom Niskala Date: August 29, 2016 Subject: Proposal to provide Professional Services Professional Services have been provided by Tom Niskala over the past year to execute, administer and oversee City of Corpus Christi projects funded by the Texas Department of Transportation (TxDOT) and the Metropolitan Planning Organization (MPO). These projects include street improvements, hike and bike trails, feasibility studies, the Harbor Bridge Project and other transportation related initiatives. It is proposed that these services continue to be provided to the City of Corpus Christi by Tom Niskala under the direction of the Director of Engineering Series and/or the Executive Director of Public Works or their designee - until such projects are complete. The services will be provided at a billable rate of $85/hour, with 22 weekly hours on average anticipated over a six-month period not to exceed $48,620.00. Hours will vary as projects are completed or as projects enter various phases. Services will include project management of the Island Access and Travel Demand Model feasibility studies which are in their initial phases. As the Harbor Bridge Project activity escalates it is also anticipated that the demand for project involvement will increase. Upon approval, billings will be submitted on a weekly basis or a billing cycle as directed. Upon approval, certification of the required insurance will be provided. This agreement will remain in effect for a period of six -months effective upon execution by the City of Corpus Christi and may be renewed for two subsequent six-month periods. Effective Date: Approved by: Exhibit B Page 1 of 1 EXHIBIT B-1 CONFIDENTIAL RATE SCHEDULE Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPAL(S): HOURLY RATE ($/hr) TX REGISTRATION #: Project Consultant: CAD Technician: Clerical: Other — specify: SUBCONSULTANT(S): (firm) Principal(s): Project Consultant: CAD Technician: Clerical Other — specify: Add additional subconsultants as needed. Master Services Agreement Exhibit B-1 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees 71m v x ca m - CD is —z. o C) PROJECT NAME Project No. EXXXXX Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 $0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0% 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% $0 $0 $0 $0 $0 $0 $0 0% y�� JSUPPLIER NUMBER TO BE ASSIGNED BY CITY = PURCHASING DIVISION VV�r City of Corpus Chnsti CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: %okp,a,,wqp C t . N ‘S •AR P. O. BOX: STREET ADDRESS: Zc-�2LL� V��2 CITY: c,,�� 3q ,,,b -T-1/4 ZIP: 7 S 60\ FIRM IS: 1. Corporation 4. Association e 2. Partnership 5. Other e 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) iv/ 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." NamNiA 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 .oil V`y`so`Lp. Polociar•-‘>:v 464"kkefir+.``t 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 r/ n Consultant Exhibit D Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION 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: Title: (Type or Print) Signature of Certifying Person: Date: oa,3a , t (4, DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Finn." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Exhibit D Page 2of2 EXHIBIT E Insurance Requirements Staff Augmentation 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. 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 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 Bodily Injury / Property Damage $250,000 / $100,000 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 1 Rev 09/16 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 workers' compensation 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 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 1.6.4 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non -renewal of 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 2 Rev 09/16 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. 3 Rev 09/16 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: 2016-105550 Date Filed: 08/29/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Thomas A. Niskala 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. E15120 Professional 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. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. _. d."fi„ BOBBY CARROLL HARRAID, JR. : i MY COMMISSION EXPIRES 1 -�-•"- ° , i December 5, 2018 -� Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE . Sworn to and subscribed before me, by the said rE'y 1r t 1 .1/ 1' S K.c (Q , this the 3 + ill day of V 20 VD , to certify which, witness my hand and seal of office. • , 13 0 )5M C ` Ke10T,1 krM6iry,.Q,es . nature 1f o icer ad • isterin oath Printed name of officer administering oath / Title of officer administefing oath Forms provid by Texas Et ics Commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. i - 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: 2016-103201 Date Bled: 08/2312016 Date Ackno Mtedged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. RH Shackelford, 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, Texas 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 E12215 Project Management Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary RH Shackelford, Inc Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. o 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, W' that the above disclosure is true and correct. r' Signa u . AFFIX NOTARY STAMP / SEAL ABOVE at r ci T ' '`;+C agent of contracting ' ass entity this the 2. day of , Sworn to and subscribed before me, by the said -i, 20 1(i . to certify which, witness my hand and seal of office.ieforakt_ Vicrt' t I`1 'lj('Tt-tits i 0 VICTORIA J STIOWWO • Notary Public State of Texas My Co wi3sion • 126484072 Signature officer administering oath Printed name of officer administering oath ate .. , .~, - , . , — Varcinn V9 rh 977 Forms provided by Texas Ethics Commisson .cu nw. ..... AGENDA MEMORANDUM Future Item for the City Council Meeting of September 20, 2016 Action Item for the City Council Meeting September 27, 2016 DATE: September 20, 2016 TO: Margie C. Rose, City Manager FROM Jim Davis, Director of General Services iimd@cctexas.com (361) 826-1909 Belinda Mercado, Director of Information Technology bmercado@cctexas.com (361) 826-3740 Maria Pedraza, Procurement Manager mariape@cctexas.com (361) 826-3176 Lease -Purchase of Two Aerial Bucket Trucks CAPTION: Motion approving the lease -purchase of two Aerial Bucket Trucks from Grande Truck Center, of San Antonio, Texas for a total amount not to exceed $207,558.68. Each bucket truck will be equipped with a hydraulic boom, end mount basket and necessary safety equipment. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative (TLGPC), dba BuyBoard. Funds will be budgeted by the Information Technology Department. Total Lease -Purchase Price: Total Allowable Interest for Lease: Grand Total: $194,450.20 $13,108.48 $207,558.68 PURPOSE: This item is to approve the lease -purchase of two Aerial Bucket Trucks for Information Technology Department. BACKGROUND AND FINDINGS: Currently, two Aerial Bucket Trucks equipped with hydraulic boom and safety bucket are utilized by the City Information Technology Department Infrastructure field crews to support maintenance and operations of the City Automated Meter Reading Systems, Video Surveillance Systems, Fiber Optic Aerial Cabling, Wireless Network Infrastructure, and Radio Communication Equipment. The addition of these two lease -purchase bucket trucks will serve as primary utility vehicles in support of the City Network, Public Safety, and City Aerial Services provided by the Information Technology Department. The two units in current service will remain for adequate support of the network and may be utilized interchangeably as backup support during project based or emergency based services. This lease -purchase allows for an addition to the two bucket trucks that have been in service since 2005 and enables full utilization of staff resources for City IT support in aerial infrastructure. 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. ALTERNATIVES: N/A OTHER CONSIDERATIONS: Financing for the lease -purchase of the two trucks is based on a sixty month term with an estimated interest rate of 2.50% for an annual estimated payment of $41,412. The total estimated cost over the five-year period, including principal of $194,450.20 and interest of $13,108.48, is $207,558.68. A not to exceed tolerance of $500.00 has been added to the interest amount 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: Information Technology FINANCIAL IMPACT: ❑ Operating ❑ Revenue x Capital ❑ Not applicable Fund(s): Municipal Information Services Comments: 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 $774,636.16 $207,058.68 $981,694.84 Encumbered / Expended Amount $355,889.05 $0.00 $355,889.05 This item $0.00 $207,558.68 $207,558.68 BALANCE $418,747.11 $0.00 $418,747.11 Fund(s): Municipal Information Services Comments: 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 DESCRIPTION 1 2. 2017 F-450 4X4 Aerial Bucket Truck: Chassie, Aerial Lift, Boom, and Bucket BuyBoard Fee QTY. UNIT 2 EA 1 EA PRICE SHEET GRANDE TRUCK CENTER TLGPC: 491-15 GRANDE TRUCK CENTER HOUSTON, TEXAS UNIT PRICE $97,025.10 $400.00 Total Price EXTENDED PRICE $194,050.20 $400.00 $194,450.20 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: September 20, 2016 Legistar Number: 16-1009 Agenda Item: Motion approving the lease -purchase of two Aerial Bucket Trucks from Grande Truck Center, of San Antonio, Texas for a total amount not to exceed $207,558.68. Each bucket truck will be equipped with a hydraulic boom, end mount basket and necessary safety equipment. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative (TLGPC), dba BuyBoard. Funds will be budgeted by the Information Technology Department. Total Lease -Purchase Price: Total Allowable Interest for Lease: Grand Total: Amount Required: $ 0.00 $194,450.20 $13,108.48 $207,558.68 Fund Name Accounting Unit Account No. Activity No. Amount Municipal IS 5210-40430-241 530190 $0.00 Total $0.00 X Certification Not Required Director of Financial Services Date: AGENDA MEMORANDUM Future Item for the City Council Meeting of September 13, 2016 Action Item for the City Council Meeting of September 20, 2016 DATE: September 1, 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: J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: Lawrence Mikolajczyk, Director of Solid Waste Operations lawm@cctexas.com (361) 826-1972 Engineering Construction Contract Cefe Valenzuela Outfall Modifications Motion authorizing the City Manager, or designee, to execute a construction contract with Bridges Specialties, Inc. of Robstown, Texas in the amount of $151,783.50 for the Cefe Valenzuela Outfall Modifications for the total base bid. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract for the Cefe Valenzuela Outfall Modifications project. BACKGROUND AND FINDINGS: This is 1 of 6 projects for the Solid Waste Department that were approved by City Council for issuance of Certificates of Obligation on February 17, 2015. The Outfall Modification project was approved in the amount of $559,800. The storm water outfall channel was constructed and permitted with construction of the landfill and is integral to the continued landfill operations. The channel is 3.5 miles long and outfalls into Petronilla Creek south of Chapman Ranch Road (FM 70). This project provides for periodic maintenance and repair to preserve the channel and protect the private property and gas lines that run parallel to the channel. The channel is currently experiencing erosion and structural failures at various locations that have exposed the private gas lines. This first phase of construction addresses the three most critical locations where severe erosion and structural failures are undermining concrete structures and private gas lines running parallel to the channel. These three locations were prioritized for public safety and to avoid damage to private property and the gas lines. Implementing these improvements also avoids more extensive and costly repairs. This phase includes repairs to fill voids for concrete and earthen structures, re-establishing the ditch embankments with vegetative slope stabilization, and protection of the pipelines. The estimated total cost for this phase of work is approximately $250,000. Additional phases of channel improvements will be required in the future. On June 15, 2016, the City received proposals from three (3) bidders for the outfall project. The bids are as follows: Contractor Base Bid Bridges Specialties, Inc. Robstown, Texas $151,483.50 Mahan Foundation & Contractors, LLC. Corpus Christi, Texas $171,812.00 Clark Pipeline Services Corpus Christi, Texas $274,892.51 The engineer for this project, HDR Engineering, recommends award to Bridges Specialties based on their field personnel's experience and on their past performance on similar City projects. ALTERNATIVES: 1. Authorize execution of a construction contract for the base bid. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: The condition of the channel is subject to changes due to additional erosion at distressed areas. Changed conditions could require additional quantities of work to be executed. CONFORMITY TO CITY POLICY: Complies with statutory requirements for architectural and engineering contracts. Conforms to FY 2015-2016 Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Solid Waste Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $130,600.00 $429,200.00 $0.00 $559,800.00 Encumbered / Expended Amount $130,600.00 $0.00 $0.00 $130,600.00 This item $0.00 $151,783.50 $0.00 $151,783.50 Future Anticipated Expenditures This Project $0.00 $73,971.85 $0.00 $73,971.85 BALANCE $0.00 $203,444.65 $0.00 $203,444.65 Fund(s): PH&S Comments: N/A RECOMMENDATION: City staff recommends the construction contract award to Bridges Specialties, Inc. in the amount of $151,783.50 for the Cefe Valenzuela Outfall Modifications for the Base Bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Form 1295 Location Map Presentation PROJECT BUDGET CEFE VALENZUELA OUTFALL MODIFICATIONS Project No. E11050 June 30, 2016 PROJECT FUNDS AVAILABLE: Landfill CIP (2015 CO) $ 559,800.00 TOTAL PROJECT FUNDS AVAILABLE 559,800.00 FUNDS REQUIRED: Construction Fees: Construction( Bridges Specialties, Inc.) $151,783.50 Contingencies (10%) 15,178.35 Construction Inspection & Testing Construction Inspection (Estimate) 16,795.00 Construction Materials Testing (Estimate) 7,310.00 Design Fees: Engineer (HDR) 130,600.00 Reimbursements: Contract Administration (Eng. Admin/Finance/Capital Budget)(2.25%) 12,595.50 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt)(3.50%) 19,593.00 Misc. (Printing, Advertising, etc.) 2,500.00 TOTAL PROJECT EXPENDITURES $356,355.35 ESTIMATED PROJECT BALANCE $ 203,444.65 Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0,1021 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 af 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: 2016-81659 Date Filed: 07/08/2016 Date Acknowledged: 1 Nanie of business entity filing form, and the city, state and country of the business entity's place of business. Bridges Specialties, Inc Robstown, 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 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. E11050 Drainage Improvement A 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. X 6 AFFIDAVIT 444.6 W.0yCemmIssion „410!17!2017 ,St,- AFFIX NOTARY STAMP 5w rn to and subscribed 201 , to certify Kalelln ChaseHogan Eres 1 SEAL ABOVE before me, by the said which, witness my hand and I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ` i Signature \ �(VI\ of authorized agent of contracting business entity l - 1 e-5this the ��y, day of �u� , s✓✓✓✓✓Jeal of office. 2f\liii) Csic kv- - ,‘te hlan Lc Signature of officer admin stsa • • • i Printed name of officer administerirfg oath Title of officer administers oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0,1021 r-, CRE 20 N SCALE: N.T.S. AERIAL FLOWN 2014 C❑F❑ ❑Erin' ❑❑❑❑❑ LI--IF'L❑ CELE LIILEN1 1 I -LA OLIVLALL MODILICATIONS C❑F❑ ❑ ❑F M IFIL M CIIII❑C❑❑❑CIII ❑❑❑ III III C®0 OF COR00❑ COR®0000❑ ❑DDOROM00❑ OF 000 =ER= ❑ORO[CD❑ ❑❑❑❑❑2 ❑F 2 Corpus Chr sti Engineering Cefe Valenzuela Outfall Modifications Council Presentation September 13, 2016 Project Vicinity Palo Alio Spring Gamlen-Tetra Venda La nakAna-Loal Crnek Nana San 7, Rana Flo12 PROJECT LOCATION Driscoll Petronia Chapman Ranch 4000 Corpus Chr sti Engineering 2 Project Scope 0 �hrsti Engineering Outfall Channel Repairs include: • Site 1 - Grouting of voids under concrete outfall structure and misc. repairs • Site 2 — Remove excess rip - rap from channel to prevent erosion • Site 3 — Fill and slope stabilization, vegetative cover and safeguarding private natural gas lines Designii ward jaiihm Project Schedule �hrsti Engineering 2016 Jul Aug Sep Oct Nov Dec Construction Project Estimate: 55 Calendar Days 2 Months AGENDA MEMORANDUM Future Item for the City Council Meeting of September 13, 2016 Action Item for the City Council Meeting of September 20, 2016 DATE: August 22, 2016 TO: Margie C. Rose, City Manager FROM: Mike Culbertson, Chief Operating Officer - CCREDC (361) 882-7448 mculbertson@ccredc.com Grant for LiftFund, Inc. CAPTION: Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and LiftFund, Inc. (LiftFund) to provide grant up to $250,000 for their loan buy -down program to assist small businesses and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the Small Business Incentives Agreement. PURPOSE: Approve a Type A Grant for LiftFund for their loan buy -down program for fiscal year 2017. BACKGROUND AND FINDINGS: LiftFund, Inc. supports small and start-up companies with a loan interest buy -down program when traditional financing is not available. Type A has provided funding since 2004. LiftFund has loaned over $7 million of their own funds and has assisted over 250 small businesses in the city since the inception of this program. The Board of Directors of the Corpus Christi Regional Economic Development Corporation recommended approval during their August 11, 2016 meeting. The Type A Board approved the grant at their August 15, 2016 meeting. ALTERNATIVES: Enlist local banks to lend to small businesses. However to qualify for this program, small businesses must have been turned down for a bank loan. Additionally local banks already participate in the Small Business Administration (SBA) loan program. OTHER CONSIDERATIONS: By helping small businesses the City is increasing the economic development and growing future jobs. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and assisting small businesses thrive in Corpus Christi. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 250,000 250,000 Encumbered / Expended Amount This item 250,000 250,000 BALANCE 0 0 Fund: 1140 Type A Small Projects Comments: This item was approved in the Type A Small Business budget for fiscal year 2017. RECOMMENDATION: Staff recommends approval of a grant of $250,000 for LiftFund for the fiscal year 2017. LIST OF SUPPORTING DOCUMENTS: Resolution — FY 17 LiftFund Agreement — FY 17 LiftFund Project Support Agreement — FY 17 LiftFund Page 1 of 2 RESOLUTION Approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and LiftFund, Inc. (LiftFund) to provide grant up to $250,000 for their loan buy -down program to assist small businesses and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the Small Business Incentives Agreement. WHEREAS, the Corpus Christi Business and Job Development Corporation ("Type A Corporation") has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ("City"). WHEREAS, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from LiftFund for a loan buy -down program within the City will best satisfy this goal; WHEREAS, City Council deems that it is the best interest of the City and citizens to approve the business incentives agreement for a loan buy -down program between the Type A Corporation and LiftFund; WHEREAS, there is a need for a business incentive project support agreement between the City and the Type A Corporation for the implementation and administration of the business incentives agreement to assist small businesses between the Type A Corporation and LiftFund. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the business incentives agreement for business development between the Type A Corporation and LiftFund for a loan buy -down program within the City, which agreement is attached to this resolution, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and Type A Corporation, in the form attached to this resolution, for the implementation and administration of the business incentives agreement with LiftFund. This resolution takes effect upon City Council approval on this the day of , 2016. @BCL@5C05DC57 ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary APPROVED: day of , 2016. Corpus Christi, Texas of , 2016 Page 2of2 Nelda Martinez Mayor The above resolution was passed by the following vote: Nelda Martinez Brian Rosas Carolyn Vaughn Colleen McIntyre Rudy Garza Michael Hunter Lucy Rubio Mark Scott Chad Magill @BCL@5C05DC57 SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND LIFTFUND, INC. FOR AN INTEREST BUY DOWN PROGRAM FOR SMALL BUSINESSES This Small Businesses Incentives Agreement for an Interest Buy Down Program for Small Businesses ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and LiftFund, Inc., a Texas nonprofit corporation ("LiftFund"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, Section 504.002 et seq, ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on August 17, 2015, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on September 15, 2015; WHEREAS, Section 501.073 of The Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, LiftFund is a Texas nonprofit corporation whose principal mission is to provide loans to small business owners lacking access to commercial credit; WHEREAS, LiftFund anticipates, over the next twelve months, providing interest buy down to 5.5% for approximately 60 loans with an average value of $25,000 to low and moderate income micro and small business owners in Corpus Christi to generate 20 new permanent full-time jobs; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to LiftFund, through this contract with LiftFund, to be used by LiftFund to buy down the interest on commercial loans to 5.5% interest for small businesses and establish a small business grant program, both of which will result in creation of new full-time permanent jobs in the city of Corpus Christi. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and LiftFund agree as follows: Page 1 of 12 Agreement LiftFund 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for one year from October 1, 2016, through September 30, 2017. This Agreement may be extended at the option of the Corporation for up to two additional one year terms, contingent upon annual appropriation of funds and approval of the City Council. Per the guidelines, LiftFund must reapply every year for the grant. 3. Loan Loss Reserve Program. a. The Corporation has previously provided $75,000 for the Loan Loss Reserve Program. b. The Loan Loss Reserve Program funds will be used to allow LiftFund to leverage additional capital for small business loans. c. "Small business" is defined in the Corpus Christi Business & Job Development Corporation Guidelines & Criteria for Granting Business Incentives ("Corporation Guidelines). d. LiftFund anticipates that it will have one million dollars available on an annual basis to be lent to qualifying small businesses in Corpus Christi. e. For every $50,000 in loans that LiftFund provides to a small business in Corpus Christi, LiftFund shall ensure that the loan will result in the creation of one new full-time permanent job in the city of Corpus Christi. f. Businesses assisted must be located in or locating within the city limits of Corpus Christi, Texas. g. Businesses assisted must be unable to obtain a loan from traditional lending institutions. h. Loan amounts shall be within the range of $5,000 to $75,000. i. LiftFund shall provide the Corporation with quarterly reports to identify the loans made, name and address of business receiving loan, jobs created, and other reports as requested by the Corporation. j. LiftFund shall provide the corporation with quarterly reports of capital available for loans to qualified Corpus Christi small businesses or qualified small businesses locating to Corpus Christi. k. LiftFund will provide funds for operations and loan capital to implement and sustain the program. 4. Interest Buy Down Program. a. In consideration for creation and maintenance of new jobs as provided in this Agreement, the Corporation agrees to pay LiftFund up to $200,000 for the Interest Buy -Down Program as follows: Page 2 of 12 Agreement LiftFund i. LiftFund must first receive a request for a loan from a small business or start-up company that has the ability to produce jobs in the future and is located in Corpus Christi or will be locating in Corpus Christi ("Business"). ii. The request from the applicant must include a notarized affidavit stating that they have applied for normal financing from a bank, or similar lending institution, and have been denied a loan. iii. LiftFund shall review the request for a loan from the Business. iv. Upon LiftFund approval of a loan, and prior to the closing of the loan, LiftFund shall submit Attachment "A" to the Corporation requesting funds to buy down the interest rate from the interest rate allowable per the underwriting criteria to 5.5%. The Corporation authorizes an interest buy down up to 7% of the interest rate to finance the loan. Payment by Corporation shall not exceed $17,500 per loan and shall be calculated using the following formula: (Loan amount x interest rate to buy down to 5.5%) / 12 = N N x number of payments=interest buy down reimbursement to LiftFund for business loan. (The number of monthly payments shall not exceed sixty (60).) Example: ($10,000 x 7%) / 12 = 58.33 58.33 x 36 = $2,100 = amount to be reimbursed to LiftFund for business loan. v. The Corporation shall provide a response to approve or deny the reimbursement for the Interest Buy Down Program funds to LiftFund within 2 business days of receipt of Attachment "A." The Corporation shall reimburse funds within 30 days after evidence of closing the loan is submitted. vi. The total funds available on an annual basis under the Interest Buy Down Program under this agreement are $200,000. b. The loans assisted with the program must be within the range of $5,000 to $75,000. c. This program must result in the creation of one permanent full-time job per every loan of at least $50,000 assisted with the Interest Buy Down Program. LiftFund shall ensure that the loan will result in the creation of one new full-time permanent job in the city of Corpus Christi. d. Businesses assisted through this program must be: i. A start-up or existing small business that is unable to obtain a loan from a traditional financial institution or unable to qualify for the total needed for a business loan through a bank or credit union, in which case LiftFund can loan the remaining amount with the buy down interest rate program in conjunction with the bank\credit union. Page 3 of 12 Agreement LiftFund ii. An existing small business that needs assistance to expand. iii. Any business assisted under the provisions of paragraphs i or ii of this subsection, must be: A. Located in or locating in Corpus Christi city limits. B. Current on payment of all sales taxes. C. Current on payment of all ad valorem taxes in the City of Corpus Christi. e. The following projects are ineligible for this program: i. Refinancing of existing loans or debt ii. Businesses located outside the Corpus Christi city limits iii. Home-based businesses iv. Loans to existing businesses which are not planning on expanding v. Business retention. f. LiftFund may use up to $200,000 to assist start-up and existing small businesses that have little or no access to traditional credit. g. LiftFund shall provide the Corporation with quarterly reports as provided in Attachment "B" to identify the loans made, name and address of the business receiving the loan, jobs created under the Interest Buy Down Program, and other reports as requested by the Corporation. h. LiftFund shall provide funds for operations and loan capital to implement and sustain the program. i. LiftFund shall develop loan underwriting criteria and payment terms and conditions for its loan program and provide to the Corporation. j. At the termination of this agreement and after repayment or other conclusion of all loans assisted by Interest Buy Down Program, LiftFund will return to the Corporation any unexpended funds remaining from the Loan Loss Reserve Program. 5. Small Business Grant Program. a. In consideration for creation and maintenance of new jobs as provided in this Agreement, the Corporation agrees to pay LiftFund up to $50,000 for the Small Business Grant Program as follows: i. Grants to loan applicants who do not meet standard underwriting criteria, either because of capacity, cash flow, or credit, who could benefit from a grant to boost their ability to become successful. The grant amount may not exceed $2,500 or 10% of the principal amount requested, whichever is less. Page 4 of 12 Agreement LiftFund ii. Grants to loan applicants who want to use part of loan proceeds to reduce energy consumption or transition into green retail products. The grant amount may not exceed $2,500 or 25% of the upgrades presented in the loan file. iii. Grants to loan applicants who provide services for working families (e.g. both children and adult day care centers) to improve their facilities to be compliant with state/federal standards. The grant amount may not exceed $2,500. iv. Grants to loan applicants that are veteran owned businesses. The grant amount may not exceed $500. v. Working capital grants to holders of existing loans with LiftFund. If the loans that have paid routinely on time for a period of 24 months, the maximum grant amount may not exceed $1,000. If the loans have been paid routinely on time for a period of 12 months on time payments, the maximum grant amount may not exceed $500 grant. b. The loans assisted with the program must be within the range of $500 to $25,000. c. This program must result in the creation of one permanent full-time job per every related loan of at least $50,000 assisted through the Interest Buy Down Program. LiftFund shall ensure that the loans will result in the creation of one new full-time permanent job in the city of Corpus Christi. d. Businesses assisted through this program must be: i. A start-up or existing small business that is unable to obtain a loan from a traditional financial institution or unable to qualify for the total needed for a business loan through a bank or credit union, in which case LiftFund can loan the remaining amount with the Buy Down interest rate program in conjunction with the bank\credit union. ii. An existing small business that needs assistance to expand. iii. Any business assisted under the provisions of paragraphs i or ii of this subsection, must be: A. Located in or locating in Corpus Christi city limits. B. Current on payment of all sales taxes. C. Current on payment of all ad valorem taxes in the City of Corpus Christi. e. The following projects are ineligible for this program: i. Businesses located outside the Corpus Christi city limits ii. Home-based businesses located outside the Corpus Christi city limits iii. Grants to existing businesses which are not planning on expanding Page 5 of 12 Agreement LiftFund f. LiftFund shall provide the Corporation with quarterly reports as provided in Attachment "B" to identify the grants made, name and address of the business receiving the grant, jobs created under the related Interest Buy Down Program, and other reports as requested by the Corporation. g. LiftFund shall provide funds to implement and sustain the program. h. LiftFund shall develop grant award criteria and payment terms and conditions for the grant loan program, and must provide copies of the criteria, terms, and conditions to the Corporation. i. At the termination of this agreement or other conclusion of the Small Business Grant Program, LiftFund shall return to the Corporation any unexpended funds remaining from the Small Business Grant Program. 6. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must pay wages at least as high as the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. A "job" is defined in the Type A Guidelines as a full-time employee, contractor, consultant, or leased employee who has a home address in the Corpus Christi MSA. c. LiftFund agrees to confirm and document to the Corporation that each job created as a result of funding provided by this Agreement is maintained throughout the term of the loan to the Business. d. LiftFund agrees to provide Corporation with a sworn certificate by authorized representative of each shall business assisted under this Agreement certifying the number of full-time permanent employees employed by the small business. e. LiftFund shall ensure that the Corporation is allowed reasonable access to personnel records of the small businesses assisted under this Agreement. 7. Buy Local Provision. a. LiftFund agrees to use its best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. b. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. 8. Local Offices. Two staff persons of LiftFund offices shall be located in Corporation designated offices or a mutually agreeable location. 9. Representation on LiftFund governing board. LiftFund agrees to appoint a person designated by the Corporation as a member of LiftFund governing board. Page 6 of 12 Agreement LiftFund 10. Warranties. LiftFund warrants and represents to Corporation the following: a. LiftFund is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, and further has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. LiftFund has the authority to enter into and perform, and will perform, the terms of this Agreement. c. LiftFund has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. d. LiftFund has received a copy of the Act and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. If an audit determines that the funds were not used for authorized purposes, LiftFund agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbursement. f. The parties executing this Agreement on behalf of LiftFund are duly authorized to execute this Agreement on behalf of LiftFund. g. LiftFund does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, LiftFund is convicted of a violation under §U.S.C. Section 1324a(f), LiftFund shall repay the payments at the rate and according to the terms as specified by City Ordinance, as amended, not later than the 120th day after the date LiftFund has been notified of the violation. 11. Compliance with Laws. LiftFund shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 12. Non -Discrimination. LiftFund covenants and agrees that LiftFund will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 13. Force Majeure. If the Corporation or LiftFund are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or LiftFund are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. Page 7 of 12 Agreement LiftFund 14. Assignment. LiftFund may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 15. Indemnity. LiftFund covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ("Indemnitees") against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with LiftFund activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. LiftFund must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 16. Events of Default. The following events constitute a default of this Agreement: a. Failure of LiftFund to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement. b. The Corporation or City determines that any representation or warranty on behalf of LiftFund contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made. c. Any judgment is assessed against LiftFund or any attachment or other levy against the property of LiftFund with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 30 days. d. LiftFund makes an assignment for the benefit of creditors. e. LiftFund files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. f. If taxes owed by LiftFund become delinquent, and LiftFund fails to timely and properly follow the legal procedures for protest or contest. g. LiftFund changes the general character of business as conducted of the date this Agreement is approved by the Corporation. 17. Notice of Default. Should the Corporation or City determine that LiftFund is in default according to the terms of this Agreement, the Corporation or City shall notify LiftFund in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for LiftFund to cure the event of default. 18. Results of Uncured Default. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of LiftFund, as determined by the Board of Directors of the Page 8 of 12 Agreement LiftFund Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. LiftFund shall immediately repay all funds paid by Corporation under this Agreement. b. LiftFund shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to LiftFund under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. 19. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of LiftFund' default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time LiftFund is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 20. LiftFund specifically agrees that Corporation shall only be liable to LiftFund for the actual amount of the money grants to be conveyed to LiftFund, and shall not be liable to LiftFund for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this agreement, being October 1, 2015, through September 30, 2016. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from LiftFund to be accompanied by all necessary supporting documentation. Page 9 of 12 Agreement LiftFund 21. Notices. a. Any required written notices shall be sent nlmiled, certified mail, postage prepaid, addressed as follows: LiftFund: LiftFund, Inc. Attn.: Janie Barrera 2007 West Martin Street San Antonio, Texas 78207 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 22. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ("Corporation Guidelines"), as amended, are incorporated into this Agreement. 23. Amendments or Modifications. No amendments or modifications to this Agreement may be nlmUe, nor any provision vve|ved, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 24. Relationship of Parties. In performing this Agreement, both the Corporation and LiftFund will act in an individual caponitv, and not as mgenb*, repnaoentabvea, onmp|oyees, annp|oyeno, partners, oint-venturers, or associates of one another. The empioyees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 25. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 26. Severability. Page 10 of 12 Agreement LiftFund a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 27. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 28. Sole Agreement. This Agreement constitutes the sole agreement between Corporation and LiftFund. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 29. Survival of terms of agreement and obligations of parties. The terms of this agreement and the obligation of the parties relating to the Loan Loss Reserve Program and the Interest Buy Down Program shall survive the termination of this agreement. [The remainder of the page intentionally left blank] Page 11 of 12 Agreement LiftFund APPROVED AS TO FORM: day of , 2016. Assistant City Attorney For City Attorney Corpus Christi Business & Job Development Corporation By: Date: President Attest: By: Rebecca Huerta Assistant Secretary LiftFund, Inc. By: President and Chief Executive Officer Date: A a G -as Tb, ,0110 THE STATE OF TEXAS COUNTY OF BEXAR This instrument was acknowledged before me on 4tt&u , 2016, by Janie Barrera, President and Chief Executive Officer for LiftFund, Inc., a Texas non-profit corporation, on behalf of the corporation. 17/ eia A 172 r otary ublic State of Texas Agreement LiftFund MARY HELEN ALVARADO ° - Notary Public, State of Texas .7.• •.:4 .2 •- • •*2 Comm, Expires 10-12-2016 r Z: Notary ID 4969458 #4,ffinos Page 12 of 12 BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ("Project Service Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and the City of Corpus Christi, Texas ("City"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle 01, Title 12, Texas Local Government Code Section 504.002 et seq, ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Type A Corporation's Board of Directors ("Board"); WHEREAS, the Type A Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 15, 2015; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, LiftFund, Inc. ("LiftFund") has submitted a proposal to the Type A Corporation requesting business development funds from the Board to assist small businesses by providing a loan buy -down program; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund LiftFund's loan buy -down program; and WHEREAS, the Type A Corporation and LiftFund have executed a small business incentive agreement for a loan buy -down program to support small businesses. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Type A Corporation and the City agree as follows: 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Type A Corporation is executed to implement the Small Business Incentive Agreement between the Type A Corporation and LiftFund related to LiftFund's loan buy -down program to support small businesses in Corpus Christi ("Business Incentive Agreement"). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. Page 1 of 3 @BCL@5C0561 5C 3. Services to be Provided by City. a. The City Manager or designee shall administer funding on behalf of the Type A Corporation. b. The City Manager or designee shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Type A Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City Council. 5. Effective Date. The effective date of this Project Service Agreement is the same date as the Business Incentive agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. Page 2 of 3 @BCL@5C0561 5C APPROVED AS TO FORM: day of , 2016. Assistant City Attorney For City Attorney The City of Corpus Christi Corpus Christi Business & Job Development Corporation Margie C. Rose Dr. R. Bryan Gulley City Manager President Date: Date: Attest Rebecca Huerta City Secretary @BCL@5C0561 5C Page 3 of 3 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 13, 2016 Action Item for the City Council Meeting of September 20, 2016 DATE: August 22, 2016 TO: Margie C. Rose, City Manager FROM: Mike Culbertson, COO - CCREDC (361) 882-7448 mculbertson@ccredc.com Grant for Service Corps of Retired Executives (SCORE) Chapter 221 CAPTION: Resolution approving an amended Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Service Corps of Retired Executives (SCORE) Chapter 221 to provide a grant up to $52,600 for their small business assistance program and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the Small Business Incentives Agreement. PURPOSE: Approve a Type A Grant for SCORE for their small business support program for fiscal year 2017. BACKGROUND AND FINDINGS: SCORE has been aiding small businesses in Corpus Christi through their outreach by holding workshops on various subjects of use to the small business owner, and by providing counseling through face to face meetings and through emails. SCORE will have a contractor to coordinate the workshops and the advertising for these workshops. They have helped over 2,000 small businesses in the city each year for the past three years. SCORE has received funding since 2008. The Board approved the Small Business Assistance budget in July that included this program. The Board asked that SCORE record the number of unique business contacts in the future and that requirement has been added. The Board of Directors of the Corpus Christi Regional Economic Development Corporation recommended approval during their August 11, 2016 meeting. The Type A Board approved this grant at their August 15, 2016 meeting. ALTERNATIVES: The Council may choose to not fund the program or fund it at a different amount. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and helping small businesses thrive in Corpus Christi. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 52,600 52,600 Encumbered / Expended Amount This item 52,600 52,600 BALANCE 0 0 Fund: 1140 Type A Small Projects Comments: This item was approved in the Type A Small Business budget for fiscal year 2017. RECOMMENDATION: Staff recommends approval of a grant of $52,600 for SCORE for the fiscal year 2017. LIST OF SUPPORTING DOCUMENTS: Resolution - SCORE FY 17 Business Incentive Agreement — SCORE FY 17 Project Support Agreement —SCORE Page 1 of 2 RESOLUTION Approving an amended Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Service Corps of Retired Executives (SCORE) Chapter 221 to provide a grant up to $52,600 for their small business assistance program and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the Small Business Incentives Agreement. WHEREAS, the Corpus Christi Business and Job Development Corporation ("Type A Corporation") has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ("City"). WHEREAS, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from SCORE for their small business assistance program within the City will best satisfy this goal; WHEREAS, City Council deems that it is the best interest of the City and citizens to approve the business incentives agreement for an intern program between the Type A Corporation and SCORE; WHEREAS, there is a need for a business incentive project support agreement between the City and the Type A Corporation for the implementation and administration of the business incentives agreement to assist small businesses between the Type A Corporation and SCORE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the business incentives agreement for business development between the Type A Corporation and SCORE for a small business assistance program within the City, which agreement is attached to this resolution, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and Type A Corporation, in the form attached to this resolution, for the implementation and administration of the business incentives agreement with SCORE. This resolution takes effect upon City Council approval on this the day of , 2016. @BCL@7405A785 ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary APPROVED: day of , 2016. Corpus Christi, Texas of , 2016 Page 2of2 Nelda Martinez Mayor The above resolution was passed by the following vote: Nelda Martinez Brian Rosas Carolyn Vaughn Colleen McIntyre Rudy Garza Michael Hunter Lucy Rubio Mark Scott Chad Magill @BCL@7405A785 BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND SERVICE CORPS OF RETIRED EXECUTIVES (SCORE) CHAPTER 221 FOR JOB TRAINING This Business Incentive Agreement for Job Training ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Service Corps of Retired Executives Chapter 221 ("SCORE"), a Washington, D.C. non-profit corporation. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vemon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, Section 504.002 et seq, ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on August 17, 2015, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on September 15, 2015; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, SCORE will provide assistance to small businesses, persons, and entities desiring to begin and operate a small business in Corpus Christi by mentoring clients; conducting workshops; and advising clients as to business plans, pro -forma statements, forms of business entity, financial implications of business decisions, and all other aspects of small business operations; WHEREAS, SCORE proposes to retain an executive assistant/coordinator to assist SCORE volunteers in administrating the assistance program; WHEREAS, on August 15, 2016 the Board determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to SCORE, Agreement SCORE.docx through this Agreement with SCORE, to be used by SCORE to provide assistance to small businesses. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and SCORE agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. a. The term of this Agreement is for one year from October 1, 2016, through September 30, 2017. b. This Agreement may be extended at the option of the Corporation for up to two additional one year terms, contingent upon annual appropriation of funds and approval of the City Council. Per the guidelines, SCORE must reapply every year for the grant. 3. Performance Requirements and Grants. The Performance Requirements and Grants are listed below; • Corporation will reimburse SCORE by grant for all direct expenses related to the project. The total reimbursements may not exceed Fifty -Two Thousand Six Hundred Dollars ($52,600.00). • Providing 1,620 hours of general and technical services to small businesses through volunteer counselors. • SCORE agrees to the following reporting and monitoring provisions, and failure to fully and timely comply with any one requirement is an act of default. • SCORE shall provide quarterly reports on its performance requirements. The reports must document: a. Number of face to face consultations between SCORE volunteers and small business owners or prospective owners. b. Number of workshops with description of workshop and number of attendees. c. Number of small business owners or prospective owners who were provided counseling by email or on-line services. • SCORE, during normal working hours, at its Corpus Christi, Texas, facility, shall allow Corporation and its designee, the City's Economic Development Department ("Department"), reasonable access to SCORE's employment records and books, to verify employment and all other relevant records related to each of the other economic development considerations and incentives, as stated in this agreement, but the confidentiality of records and information shall be maintained by Corporation and Department, unless the records and information shall be required by a court order, a lawfully issued subpoena, or at the direction of the Office of the Texas Attorney General. 4. Utilization of Local Contractors and Suppliers. SCORE agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements being paid to local contractors and suppliers. For the purposes of this section, the term "local" as used to describe manufacturers, 2 Agreement SCORE.docx suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. SCORE agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of SCORE to comply with the Local Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if SCORE is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. 5. Utilization of Disadvantaged Business Enterprises ("DBE"). SCORE agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women -owned business enterprises and historically -underutilized business enterprises. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. SCORE agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. SCORE agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of SCORE to comply with the DBE Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if SCORE is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. For the purposes of this section, the term "local" as used to describe contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women -owned business enterprises and historically -underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. 6. Living Wage Requirement. In order to count as a permanent full-time job under this agreement, the job should provide a "living wage" for the employee. The target living wage under this agreement is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. 7. Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its employees during the term of the Agreement. 8. Warranties. SCORE warrants and represents to Corporation the following: a. SCORE is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. Agreement SCORE.docx b. SCORE has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. SCORE has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other govemmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. SCORE has received a copy of the Act, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The person executing this Agreement on behalf of SCORE is duly authorized to execute this Agreement on behalf of SCORE. f. SCORE does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, SCORE is convicted of a violation under §U.S.C. Section 1324a(f), SCORE shall repay the payments received under this Agreement to the City, with interest at the Wall Street Joumal Prime Rate, not later than the 120th day after the date SCORE has been notified of the violation. 9. Compliance with Laws. During the Term of this Agreement, SCORE shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city govemments. 10. Non -Discrimination. SCORE covenants and agrees that SCORE will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 11. Force Majeure. If the Corporation or SCORE are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or SCORE are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 12. Assignment. SCORE may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 4 Agreement SCORE.docx 13. Indemnity. SCORE covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ("Indemnitees") against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with SCORE activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. SCORE must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 14. Events of Default by SCORE. The following events constitute a default of this Agreement by SCORE: a. The Corporation or City determines that any representation or warranty on behalf of SCORE contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Any judgment is assessed against SCORE or any attachment or other levy against the property of SCORE with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. SCORE makes an assignment for the benefit of creditors. d. SCORE files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. e. If taxes owed by SCORE become delinquent, and SCORE fails to timely and properly follow the legal procedures for protest or contest. f. SCORE changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. g. SCORE fails to comply with one or more terms of this Agreement. 15. Notice of Default. Should the Corporation or City determine that SCORE is in default according to the terms of this Agreement, the Corporation or City shall notify SCORE in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for SCORE to cure the event of default. Agreement SCORE.docx 16. Results of Uncured Default by SCORE. After exhausting good faith attempts to address any default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of SCORE, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. SCORE shall immediately repay all funds paid by Corporation to them under this Agreement. b. SCORE shall pay Corporation reasonable attomey fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by SCORE of all sums due, the Corporation and SCORE shall have no further obligations to one another under this Agreement. 17. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of SCORE's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time SCORE is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 18. SCORE specifically agrees that Corporation shall only be liable to SCORE for the actual amount of the money grants to be conveyed to SCORE, and shall not be liable to SCORE for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of 6 Agreement SCORE.docx grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from SCORE to be accompanied by all necessary supporting documentation. 19. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. 20. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: SCORE Chapter 221: SCORE 221 Chapter Chair 2820 South Padre Island Drive Suite 108 Corpus Christi, Texas 78408 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 21. Incorporation of other documents. The Type A Guidelines, as amended, are incorporated into this Agreement. 7 Agreement SCORE.docx 22. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 23. Relationship of Parties. In performing this Agreement, both the Corporation and SCORE will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint -venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 24. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 25. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 26. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 27. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and SCORE. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 28. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this Agreement. 8 Agreement SCORE.docx APPROVED AS TO FORM: day of , 2016. Assistant City Attorney For City Attorney Corpus Christi Business & Job Development Corporation By: President Date: Attest: By: Rebecca Huerta Assistant Secretary SCORE Chaptra_ By: Dennis Dolce President Date: gis THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on I 'AS+L , 2016, by Dennis Dolce, President for Service Corps of Retired Executives (SCORE) Chapter 221, a Washington, D.C. non-profit corporation, on behalf of the corporation. L, Notary Public State of Texas Agreement SCORE.docx ;t' BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ("Project Service Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and the City of Corpus Christi, Texas ("City"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle 01, Title 12, Texas Local Government Code Section 504.002 et seq, ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one- eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Type A Corporation's Board of Directors ("Board"); WHEREAS, the Type A Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 15, 2015; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, Service Corps of Retired Executives ("SCORE") Chapter 221 has submitted a proposal to the Type A Corporation requesting business development funds from the Board to assist small businesses by providing workshops and counselling; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund SCORE's small business assistance program; and WHEREAS, the Type A Corporation and SCORE have executed a small business incentive agreement for SCORE to support small businesses. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Type A Corporation and the City agree as follows: 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Type A Corporation is executed to implement the Small Business Incentive Agreement between the Type A Corporation and SCORE related to SCORE's program to support small businesses in Corpus Christi ("Business Incentive Agreement"). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. Page 1 of 3 @BCL@74053F7F 3. Services to be Provided by City. a. The City Manager or designee shall administer funding on behalf of the Type A Corporation. b. The City Manager or designee shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Type A Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City Council. 5. Effective Date. The effective date of this Project Service Agreement is the same date as the Business Incentive agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. Page 2 of 3 @BCL@74053F7F APPROVED AS TO FORM: day of , 2016. Assistant City Attorney For City Attorney The City of Corpus Christi Corpus Christi Business & Job Development Corporation Margie C. Rose Dr. R. Bryan Gulley City Manager President Date: Date: Attest Rebecca Huerta City Secretary @BCL@74053F7F Page 3 of 3 AGENDA MEMORANDUM City Council Meeting of September 13, 2016 DATE: September 6, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, AICP, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Briefing on the Draft Plan CC Comprehensive Plan STAFF PRESENTER(S): Name Annika G. Yankee Daniel McGinn OUTSIDE PRESENTER(S): Name Philip Ramirez, AIA Eric Villarreal, PE Carl Crull, PE PURPOSE: Title/Position Sr. Project Planner Interim Director Title/Position Chairman Vice -Chairman Member Department Development Services Development Services Department Planning Commission Planning Commission Planning Commission The purpose of this item is to brief the City Council on the latest draft of Plan CC, summarize the Planning Commission's revisions, and prepare City Council for a September 20th public hearing on the draft plan. BACKGROUND: Seeing that the City's comprehensive plan Policy Statements were written and adopted in 1987 and had not been updated since then, the City began work on a new comprehensive plan titled "Plan CC" in February 2014. The City had recently eliminated the Planning Department staff and hired a consultant to expediently produce a comprehensive plan including market and opportunities analysis. The City signed a contract for planning services with consulting firm Goody Clancy. Lead staff from Goody Clancy had separated from Goody Clancy and joined Stantec Urban just after the contract was signed. Stantec Urban remained a subconsultant and the project's lead. Before drafting Plan CC, consultants conducted research on the city's existing conditions, challenges, and opportunities and collected input from various City departments, outside organizations, stakeholders, the public, and from working groups and a Citizens' Advisory Committee formed for the project. In May 2015, the first draft of Plan CC was made available for public review and input. The first draft contained broad goals for the city, policies for decision - makers, strategies for implementation, and an action plan. After receiving public input during a 40 -day public comment period, City staff saw a need to redirect the project and ensure that the community first agree on the general goals and policies contained in the draft plan before trying to adopt specific strategies and an action plan. City staff significantly reduced the first draft to the broader goals and policies. Background information, strategies, and actions to implement Plan CC's goals were eliminated in the second draft. In July 2015, a second reduced draft or version of Plan CC was made available for public review and input. An additional two-week public comment period was offered on the second draft of Plan CC. The Planning Commission held a public hearing on the second draft of the plan in August 2015. Over the course of three meetings, the Planning Commission reviewed and made recommendations on the second draft. The Planning Commission's recommendation and the draft plan were forwarded to the City Council for review. On October 13, 2015, the City Council held a public hearing on Plan CC, listened to public comment, and reviewed the Planning Commission's recommendations. The City Council did not approve the Planning Commission's recommendations and decided to give each council member the opportunity to submit written comments by December 17, 2015, which would be forwarded to the Planning Commission for consideration. The City Council directed the Planning Commission to reconsider Plan CC in light of their comments. On May 18, 2016, the Planning Commission conducted another public hearing on Plan CC and reviewed a revised draft provided by staff that incorporated City Councilmembers' comments. The Planning Commission voted to incorporate the changes recommended by staff with a few exceptions. The Planning Commission also voted to create a subcommittee to review Plan CC in light of the City Councilmembers' comments and to reformat it to address community and councilmembers' concerns. Over the course of five subcommittee meetings, the subcommittee revised the plan and the Planning Commission reviewed their work during August 2016 meetings. The Planning Commission recommended approval of the subcommittee's revisions to Plan CC with a few additional changes. The Planning Commission's recommendation, i.e. the revised draft of Plan CC, will be submitted to the City Council for review and for a public hearing on September 20, 2016. LIST OF SUPPORTING DOCUMENTS: • Plan CC as Recommended by Planning Commission (Changes Shown) • Plan CC as Recommended By Planning Commission (Clean Version) Plan CC Comprehensive Plan COMPREHENSIVE pc City Council Presentation September 13, 2016 Schedule • September 13 - Briefing to Council • September 20 - City Council Public Hearing & First Reading of Ordinance ❑ Vote on Changes to the Plan • September 27 - 2nd Reading of Ordinance Date What's Happened PLAIT CC COMPREHENSIVE PLAN � J City Council Public Hearing City Council Submits Written Comments Oct. 2015 Dec. 2015 Staff Incorporates City Council's Comments Into a Revised Draft Planning Commission Public Hearing Planning Commission Subcommittee Formed May 2016 May 2016 Subcommittee Revises Plan Planning Commission Public Hearing on Subcommittee's Work May -July '16 Aug. 2016 City Council Presentation/Public Hearings Sept. 2016 Plan CC's Content PLAIT cc COMPREHENSIVE PLAN ✓ Vision Statement: Statements reflecting the kind of city we want to be in 20 years ✓ Guiding Principles: Community values to guide planning and implementation ✓ Broadly Stated Goals: Target conditions that help us achieve the vision ✓ Policies, or "Strategies:" Guidance for decision -makers making choices for the city's future ✓ Future Land Use Maps: Guidance for rezonings and other decisions that affect the physical development of the city. General Changes Requested by Council • Only set out to do something if it is financially feasible and cost effective. • Use terminology that doesn't commit resources. • Avoid statements or terminology that appear as mandates. • Be more specific. • Clarify goals/strategies that could be misinterpreted. • Better distinguish visions from goals. • Better address annexation, public safety, tourism, the Port, and the military. Documents for Review July 2015 Draft showing the Planning Commission's changes recommended on August 10th and A clean August 10th draft with requested changes made (no edits shown) Planning Commission Changes to Plan CC General Changes • Renamed "policies" as "strategies." • Better distinguished visions from goals. • Used terminology that doesn't commit resources. • Replaced terminology that appeared as mandates. • Clarified the intent of certain statements that could be misinterpreted. • Eliminated action items - Kept only broad goals/strategies. • Reorganized statements that seemed a better fit elsewhere. Planning Commission Changes to Plan CC PLAN CC Element 1 (formerly Element 2) - Natural Systems, Parks & Recreation • Added a goal about reducing air pollution. Element 3 (formerly Element 4) - Housing & Neighborhoods • Added a goal about residential development in high- growth corridors. Planning Commission Changes to Plan CC Element 4 (formerly Element 5) - Economy & Workforce • Increased discussion of military facilities. • Increased discussion of tourism/ convention industry. • Increased discussion of supporting the Port of CC. Planning Commission Changes to Plan CC PLAN CC Element 6 (formerly Element 7) - Infrastructure, Facilities & Services • Added a goal about equal provision of emergency services. • Added goal about planning for infrastructure to accommodate infill, revitalization, and new development. • Added more specific strategies to update utility master plans. Planning Commission Changes to Plan CC Element 7 (formerly Element 8) Future Land Use, Zoning & Urban Design • Eliminated "Land Use Principles" and merged into the goals • Added strategies about monitoring current development against infrastructure needs. • Clarified intent of well-designed neighborhoods and built environments. Planning Commission Changes to Plan CC Element 7 (formerly Element 8) Future Land Use, Zoning & Urban Design • Added strategy about land use compatibility around military installations. • Added strategy about orderly growth. • Eliminated the I-37 Transition District from the Future Land Use Map, but kept a general goal stating transitions have occurred from residential to non- residential uses. Schedule • September 13 - Briefing to Council • September 20 - City Council Public Hearing & First Reading of Ordinance ❑ Vote on Changes to the Plan • September 27 - 2nd Reading of Ordinance PLAN CC COMPREHENSIVE PLAN Questions? 14 PLAN CC Comprehensive Plan 2035 Planning Commission Recommendation (Changes Shown) August 10, 2016 Key Subcommittee Revisions: Red, underlined or struck - through Previous Revisions by Planning Commission: Black, underlined or struck -through Original Text: Black, no underline 1 Corpus Christi City Council, 201'1 2016 • Plan CC Citizens Advisory Committee • Mayor Nelda Martinez City Manager Ron Olson • City staff members THANK YOU to the residents, neighborhood and business leaders, community advocates, and stakeholders who participated in creating this Comprehensive Plan by attending public meetings and engaging with one another, by sharing your experience and knowledge of Corpus Christi in interviews and meetings with the planning team, and by expressing your commitment to Corpus Christi's future. Everyone can be part of putting this plan into action! PLAN CC CONSULTANT TEAM > Goody Clancy, prime consultant > Stantec Urban Group, technical lead > Peter Kwass Consulting, economic development > W-ZHA, commercial market analysis > Zimmerman /Volk Associates, housing market potential > TischlerBise, cost -of -services analysis > Kailo Communications Studio, public outreach 2 Ordinance adopting a new comprehensive plan for the City of Corpus Christi titled "Plan CC Comprehensive Plan 2035" and providing for a repealer clause and publication. WHEREAS, the City of Corpus Christi, Texas ("City"), engaged in a two-year process of developing a twenty-first century comprehensive plan, titled Plan CC Comprehensive Plan 2035 ("Plan CC"), which includes policies to guide the physical and economic growth of the City and its extra -territorial jurisdiction through 2035 and replaces policies adopted in 1987; WHEREAS, the City invited the public to workshops to give input and help develop a 20 -year vision for Corpus Christi in 2035; and where the City used this input to develop the vision and principles element of Plan CC; WHEREAS, City Staff provided guidance and assistance throughout the process and coordinated with various community agencies; WHEREAS, the City invited community members representing a variety of interests to participate in a Citizens' Advisory Committee to provide early input on the development of Plan CC and to review the draft document; WHEREAS, numerous citizens and community organizations have studied Plan CC and presented their written or verbal recommendations for consideration; WHEREAS, the Planning Commission, from time to time, may recommend amendments to Plan CC and the City Council may approve amendments consistent with the requirements of the City Charter; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendations regarding Plan CC; WHEREAS, with proper notice to the public, public hearings on Plan CC were held on Wednesday, August 12, 2015, and May 18, 2016, during a-reqular meetings of the Planning Commission, and on Tuesday, October 13, 2015, and [Month Day Year], during a-reqular meetings of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that Plan CC would promote sound development of the City and promote the public health, safety, and welfare of its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. It is the public interest to adopt Plan CC Comprehensive Plan 2035 ("Plan CC"), a new 20 -year comprehensive plan, as a guide for the physical and economic growth of the City and its extra -territorial jurisdiction, said document being attached hereto and labeled Exhibit A. 3 SECTION 2. The City shall use Plan CC as a guideline to facilitate Area Development Plans, service Master Plans and other plans that the City considers necessary for systematic growth and development. SECTION 3. In accordance with Article V, Section 5 of the City's Charter, all City improvements, ordinances and regulations, shall be consistent with Plan CC. In the case of a proposed deviation to the adopted plan, or any element or portion thereof, the planning commission shall communicate its recommendations to the council, which may approve or disapprove such deviation. SECTION 4. The City shall use Plan CC to establish codes and ordinances, as the City Council deems necessary, to promote the sound development of the City and to provide for public health, safety, and welfare of its citizens. SECTION 5. The City Council declares that Plan CC shall NOT: (1) Constitute zoning regulations or establish zoning district boundaries, (2) Constitute an enforceable regulation upon any person, (3) Constitute cause to deny a plat or the development of land, (4) Restrict the City from preparing plans, policies, or strategies, (5) Obligate the City to provide any program or regulate any activity, (6) Restrict the right of the City to adopt any ordinance not related to the development of land, (7) Create any cause of action against the City or any City official, employee, or agent, (8) Constitute a defense to the prosecution of any crime, or (9) Supersede Federal or State requirements. SECTION 6. City Staff, Planning Commission, and City Council shall review and amend Plan CC, if necessary, at least every five years. SECTION 7. All ordinances or parts of ordinances that are in conflict with this ordinance are hereby expressly repealed and the document titled "City of Corpus Christi Policy Statements: An Element of the Comprehensive Plan," an element of the comprehensive plan adopted by Ordinance 19865 in 1987, is repealed. SECTION 8. Publication shall be made in the City's official publication as required by the City's Charter. 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 5 Nelda Martinez Mayor ElcWncnt 1 [Since Element 1 serves more like an introduction to the Plan rather than an element, it will no longer be called Element 1. The remaining Elements will be renumbered with "Natural Systems, Parks & Recreation" becoming Element 1.1 A Vision and Guiding Principles for Corpus Christi's Future Introduction Corpus Christi stands poised for a once -in -a -generation opportunity for transformative growth. The city has long experience with the booms and busts characteristic of the energy economy. Recently, the city has enjoyed the benefits of positive growth. For the future, Corpus Christians want to establish long-term, sustainable economic growth and enhance quality of life for everyone. In the City Charter, the City Council established comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) of the City to assure the most appropriate and beneficial use of land, water and other natural resources consistent with the public interest. Plan CC is a new kind of comprehensive plan for Corpus Christi. It has a 20 -year time horizon and includes a vision for the future and goals and policies strategies for an integrated series of elements that affect decision-making about the physical development of the city. The plan provides direction for the city as a whole and will be followed by area development plans, utility master plans, and, as needed, specific plans (such as neighborhood -level or street corridor plans) that provide more detailed direction for specific parts of the city while reflecting the overall vision and goals of the citywide plan. (See the exhibit on the following page detailing the organization of plans.) As these various plans are created or updated, they shall be harmonized with each other and shall always incorporate best practices. [Staff] This comprehensive plan for the next 20 years is not a prediction of what will happen by 2035in the next 20 years, nor is it a 20 year projection into the future. It is a plan. It is designed to guide the city to take advantage of opportunities, invest in the future, and make choices that result in higher quality of life and a more diversified economy. [McIntyre Comment: There should be a link to other planning/operation documents, i.e. an org chart of plans so that readers can see where other elements can be found.] 6 Comprehensive Plan Plan CC (Vision/Principles/Goals/Strategies) Implementation Plan (Prioritized Action Items) Background Information (Findings/Challenges & Other Helpful Information) Area Development Plans (ADPs) I Northwest ADP CC Airport ADP Westside ADP v Downtown ADP Midtown ADP Southside ADP Master Plans Wastewater Master Plan Water Master Plan Storm Water Master Plan Park and Recreation Master Plan Airport Master Plan Flour Bluff ADP Padre/Mustang Island ADP Chapman Ranch ADP Transportation Plan ("MobilityCC") • Urban Transportation Plan Map • HikeBikeCC • ADA Master Plan Capital Improvement Plan I Specific Plans Oso Parkway Plan Joint Land Use Study Erosion Response Plan 7 The Legal Effect of the Comprehensive Plan The comprehensive plan contains broadly stated goals and policies that can be implemented in several different ways, whether by adopting or amending ordinances, policies or programs. The comprehensive plan's goals and policies themselves are ideas to work towards rather than law. While the City's charter requires that all city improvements, ordinances and regulations be consistent with the comprehensive plan, the comprehensive plan alone is not an enforceable regulation. It does not iustify the denial of a plat or the development of land. The comprehensive plan does not obligate the City to provide any program or regulate any activity. While the comprehensive plan is consulted when making decisions about rezonings, it does not establish zoning district boundaries or create zoning regulations, which would require an independent public hearing process. The comprehensive plan does not restrict the City from preparing plans, policies, or strategies. It does not restrict the right of the City to adopt any ordinance not related to the development of land. It does not create any cause of action against the City or any City official, employee, or agent. It does not constitute a defense to the prosecution of any crime. Finally, the comprehensive plan does not supersede Federal or State requirements. [Staff] Implementation According to the City Charter, the comprehensive plan shall be implemented, in part, by the adoption and enforcement of appropriate land development regulations and other ordinances, policies and programs. Following adoption of the comprohonci„o pla"Plan CC, City staff will develop an Implementation Plan containing more specific ideas about how the community can implement Plan CC. While the Comprehensive Plan only contains overarching goals and strategies to set the city on a path forward, the Implementation Plan will include actionable items that can incrementally help achieve Plan CC's goals while also prioritizing the actions and identifying which department of the City and/or partnering community organization is responsible for the action item. As is common practice, City staff will also evaluate whether or not the City's land development and municipal codes, policioc and pronramc need to be updated to align with impl n the goals of Plan CC. The community expects that the strategies of Plan CC and actions identified to implement the plan will be further evaluated by City staff and officials for cost-effectiveness and feasibility prior to any actions being taken. [Staff] Adopting or updating the City codes, policies, and programs needed to implement Plan CC must be done publicly with opportunity for public input. Specifically, in order to adopt or amend zoning regulations, State law requires the City to hold a public hearing before the Planning Commission and another before the City Council with public notice in the newspaper. Prior to public hearings, the City often if not always solicits input from stakeholders. In all cases, changes to policies, programs and codes are discussed publicly with opportunity for public input. [Staff] Amending the Comprehensive Plan The comprehensive plan is recommended for update and review every five years to ensure it is a current and effective document — a living document. However, the comprehensive plan can be amended at any time and as needed. Any member of the public or City staff can propose a change to the comprehensive plan at any time. In the case of a proposed deviation or change to the adopted plan, the Planning Commission shall communicate its recommendations to the City Council which may approve or disapprove such deviation or change. A change to the comprehensive plan requires a public hearing before both the Planning Commission and the City Council according to the City Charter. [Staff] 8 1111 NF The Vision for 2035 and Guiding Principles Corpus Christi stands poised for a once in a generation opportunity for transformativc growth. The city has long experience with thc booms and busts charactcristic of thc cncrgy cconomy. Sincc Christians want to use the boom to establish long tcrm, sustainablc cconomic growth and cnhancc quality of life for everyone. [This paragraph was edited and moved to the beginning of the introduction.] Developing a vision statement is an essential early step in creating a comprehensive plan. Vision statements and accompanying principles focus attention on a community's values, sense of identity, and aspirations. The vision statement tells a story and paints a picture of an ideal future in 2035. The principles are based on precepts that are important for guiding the comprehensive plan itself and its implementation. In public meetings around the city, interviews, and website commentary, citizens articulated their desires and hopes for an ideal future. The experience of creating the Plan CC vision and principles showed that citizens from different parts of the city and from all walks of life share many values and hopes about the kind of future they want for Corpus Christi. 9 Plan CC's Vision In 2035... Corpus Christi is a thriving community with a strong, diversified economy, a high quality of life for individuals and families throughout the city, and a well -protected environment of natural beauty. Our unique combination of Gulf Coast bay and beach attractions, vibrant cultural life, economic opportunity, and a variety of housing choices supports long-established families and makes Corpus Christi a magnet for young professionals, entrepreneurs, retirees and visitors to the most distinctive destination on the Texas Gulf Coast. > Our broadly diversified economy provides opportunity for all. While the port, the oil and gas industry, the military bases, and tourism continue as important mainstays of our economy, new sectors are thriving through entrepreneurial start-ups, technology spin-offs from university research, and expanded ecotourism. Our skilled workforce results from a commitment to a strong culture of educational achievement, from pre-school to grad school. Graduates of TAMU-CC and Del Mar College find jobs in Corpus Christi that allow them to stay, grow, and enjoy urban amenities in a Gulf Coast lifestyle. > Modernized city services and systems support growth and vitality in all parts of the city. City services, infrastructure, and utility systems—including streets, drinking water supply, wastewater, a+storm water management, and emergency response services—have been modernized over the last 20 years to ensure that the city can support and maintain urban and industrial growth, employing best practices in a cost-efficient manner. > High-quality, safe, connected, and diverse neighborhoods provide a variety of living choices. Corpus Christi's growth has promoted a connected sense of place; revitalized downtown and older parts of the city; created mixed-use centers in key commercial districts resulting inlive-work- play neighborhoods and downtown [Magill]; resulted in compact, mixed use centers in key commercial districts; and established new neighborhoods in the south side and northwest areas. [Planning Commission] promoted a connected sense of place and neighborhood in new housing development. Mixed -income neighborhoods provide housing affordable at every income level for diverse households, young and old—singles, couples, families with children, empty nesters, and retirees. People can get around the city by multiple modes of transportation— connected networks of good streets and sidewalks, safe bicycle routes, and excellent public transportation. > Stewardship of our natural heritage and green -space networks strengthens our unique character and supports resilience. As the major South Texas city on the Gulf of Mexico, our city offers a distinctive combination of an important port, city and island beach attractions and entertainment, greenways and parks, boating and fishing opportunities, and nature experiences. Good stewardship of natural assets and resources reduces our vulnerability to coastal hazards, and enhances our resilience, preserves resources, reduces our impact on the environment, and keeps our city in attainment of air quality standards. [McIntyre/Staffl We work to understand and preserve our natural heritage because it is at the foundation of our way of life and our economy. Corpus Christi in 2035 is a unique place to live, work, study and play—prosperous and full of opportunity, well-run and welcoming, livable and affordable, a lively urban center and a waterside playground—one of the most enterprising and forward-looking cities in Texas. 10 Plan CC's Principles In order to achieve the vision, we as a community need to: Be strategic. Strategically integrate public physical, economic, and social investments to leverage private investment and grants in order to create critical mass that supports enhanced choices in housing, transportation, retail and services. This critical mass will then stimulate self-sustaining activities. Be cost-effective. Establish cost-effective best practices and systems to support ongoing city services and infrastructure. Act transparently. Promote civic engagement and keep everyone with a stake in the city's future informed about community conditions, options, and opportunities to participate in decision. Be accountable. Establish action plans with time lines and responsible parties, as well as systems for regular public review of the implementation of the comprehensive plan Pursue goals through partnerships. City government alone cannot implement the comprehensive plan. Collaborative partnerships with regional groups, agencies, businesses, institutions, nonprofits, and citizens are critical to effective implementation. Be business -friendly. Establish a climate that attracts new industries and supports business growth and entrepreneurship as well as streamlined regulations that also protect environmental resources and quality of life. Pursue high-quality development. Make public investments a model of excellent design and function and establish high quality explore having design standards for private development that result in well-designed connected neighborhoods and built environments. [Staff] Consistent application of clear standards will make the city more 11 attractive for people who live here now and attract new residents. (Magill: Delete this principle] Promote good health. Create policies and physical conditions that promote healthy lifestyles in Corpus Christi through easy access to physical activity, healthy food, and medical health care. [10/13/15 Public Comment] Prepare students for good jobs by keeping the focus on educational achievement. 21 stcentury jobs increasingly require a post- secondary education, like associate's or bachelor's degrees or a technical credential. A skilled and well-educated workforce will attract new investment. Support diversity. Establish policies and strategies that support physical, social and economic diversity in individuals, households, business, and living conditions. These will strengthen the city's ability to attract and retain people throughout the life cycle and across the income range and to create environments that support enterprises of all kinds—from micro -businesses and start-ups to major industries. Enforce codes. Codes are adopted for the purposes of being enforced. Enforcing codes for buildings in disrepair, litter and maintenance, among other things, will help to improve the image of Corpus Christi and will help instill city pride. [Staff] Respect private property rights. The City has obligations to many stakeholders to manage development in an orderly fashion for the benefit of the community as a whole and for the environment. However, the City understands an obligation, in compliance with applicable law or regulation, to support private property rights. [Magill] [Staff: The following information is suggested for incorporation upon a request for transparency regarding the process to produce Plan CC.] A. The Purpose Of Community Engagement Effective master plans are rooted in an understanding of the values, aspirations and concerns of the communities whose future they are intended to guide. Plan CC incorporated a variety of outreach techniques and activities, allowing residents and other stakeholders to participate in ways that worked best for them. Residents provided feedback to the planning team by participating in citywide and district meetings, and contributing comments online through the project website. Some participated in advisory and working groups. The planning team used the community's feedback and guidance to shape all aspects of the plan, from creating the Vision and Principles that reflected the aspirations of the community to the strategies and actions needed to achieve that vision. Outreach by the Numbers: Stakeholder Interviews - 80 (including 20 City staff) Working Group Meetings - 8 meetings Citizen Advisory Committee Meetings - 6 Public Meetings/Open Houses - 17 total meetings Attendance at Public Meetings/Open Houses - 494 attendees Online Forum - 175 participants Public Comments - 169 total public comments 98 comments submitted on the first draft (the May draft). 38 comments submitted on the second draft (the July draft) 18 comments made at August 12, 2014 Planning Commission public hearing 15 comments made at October 13, 2014 City Council public hearing. B. Committee Structure Several committees made up of knowledgeable people from the public, private and nonprofit sectors, including neighborhood representatives, worked with the planning team to provide guidance throughout the planning process. 1. Citizen Advisory Committee (CAC) Over 70 residents and stakeholders representing a broad array of neighborhoods and interests were invited to be members of the CAC. The purpose of the CAC was to ensure the plan would be grounded in the aspirations and values of the people of Corpus Christi. The CAC's participation was focused on suggestions for attracting public participation; review, discussion, and comment on the Vision and Principles; review and discussion of directions for the land use plan; and review and comment on the entire draft plan. Invited members who did not attend and did not specifically ask to be taken off the membership list remained on the list and were sent all communications, including draft plan documents. Everyone on the CAC membership list was able to comment on the plan whether or not they attended meetings. The CAC met six times. 2. Working Groups Four Working Groups were organized by broad topic areas to review and discuss the planning team's early drafts of plan elements. Members of the Working Groups included relevant City staff, members of the CAC, and others from the public or private sector who were particularly knowledgeable about the topic areas. Each Working Group met two times, first, to review and comment on initial goals, policies and strategies, and second, to review draft plan elements with more detailed content. There were four Working Groups: 12 • Transportation and Infrastructure • Housing and Neighborhoods • Parks, Open Space, and Resilience • Economic Development C. Public Outreach 1. Website A website, www.plancc2035.com, provided information on the project and the associated Downtown Area Development Plan project, including a calendar and a library of plan documents and resources. An online forum where residents could submit ideas/comments and react to questions posed by the planning team had 175 participants. 2. Library information hubs Information on the plan, including the draft plan for public review, was deposited in public libraries for consultation by members of the public. 3. Media and community outreach In advance of the district meetings, open houses, and citywide forums, the team used a variety of methods to get the word out and encourage participation, including: • Radio advertisements • Print and digital advertisements • News releases • Radio and TV interviews • E -blasts • Social media: Facebook, Twitter, digital calendars • Promotional posters and flyers distributed through senior centers, businesses, and other locations • Notice in utility bills • 16 organizations and businesses as promotional partners, including the PTA • 60 church congregations as promotional partners • Distribution of promotional materials at city and community events 4. Interviews and meetings The planning team interviewed approximately 80 people from the public and private sector as part of the outreach and research process. 5. Plan CC Month June 2014 launched the community engagement component of the Plan CC process with seven district meetings across the city. The kick-off month culminated in a citywide Vision Forum on June 28, 2014. More than 200 residents participated during the month, and their combined input provided the foundation for the plan's vision and strategies. DISTRICT MEETINGS Overview Seven workshops, distributed based on the city's voting districts, took place across the city. Residents were encouraged to come to any of them and to as many as they wanted to attend. Approximately 80 residents attended. The meetings took place as follows: 13 • June 9, 2014 ➢ District 1/East at the Oveal Williams Senior Center ➢ District 1/West at the Northwest Senior Center • June 10, 2014 ➢ District 4/East at the Ethel Eyerly Center ➢ District 4/East at the Garden Senior Center • June 12, 2014: District 5 at Galilean Lutheran Church • June 23, 2014: District 3 at SS Cyril And Methodious Catholic Church • June 24, 2014: District 2 at the Broadmoor Senior Center What happened at the District Meetings • Each workshop began with a brief presentation explaining why there is a need for a new comprehensive plan; the important role of community participation; positive and challenging trends in Corpus Christi today; and current conditions within each district. The fact that most Area Development Plans (ADPs) are outdated was addressed, and the planning team explained that the comprehensive plan would guide creation of new ADPs to provide more detailed guidance for specific areas. • After the presentation, residents worked in small groups at each table. They wrote future headlines for what the big story in their neighborhoods would be in 20 years. Examples include • "Corpus Christi Reclaims Title of `Texas Riviera;" and "Streets... Done." • Following the headline exercise, residents discussed strengths and challenges within their community. These were identified on large table maps and then organized on worksheets into categories: 1. Housing & Residential Areas 2. Commercial & Industrial Areas 3. Transportation, Infrastructure, & Public Services 4. Environmental & Parks • The participants discussed challenges and strengths at a district level and specific to certain neighborhoods, but many themes emerged that revealed similarities across the city. Common strengths included the city's history and historical character; increasing economic growth and lob opportunities; the schools; reasonable housing costs; the bus system; and the physical environment. The most common challenges across districts focused on issues related to the poor condition of infrastructure, with an emphasis on street conditions and storm water/flooding problems. Other common challenges included a lack of well -paying lobs; poor maintenance of the park system; not enough bus routes and infrequent schedules; lack of affordable housing; and a need for higher quality retail options. CITYWIDE VISION FORUM Overview On Saturday, June 28, 2014, approximately 120 residents from a broad range of backgrounds and neighborhoods came together at the American Bank Convention Center for a four-hour community visioning forum. The Vision Forum: • Provided a place for people who live and work in the city to meet and exchange ideas about their community. 14 • Provided an opportunity for structured conversation to identify the community's assets— the best things about Corpus Christi—and challenges. This discussion focused attention on assets that the community can build on as well as problems that need solving. • Gave residents a chance to think about their personal vision for Corpus Christi's future and to share that personal vision with participants at their discussion table. • Offered a chance for residents to work together on a common set of priority elements that should be a part of a 20 -year vision and statement of principles. What happened at the Forum • Registration and exhibits. Participants registered as they came in and were asked to indicate on a map where they lived or worked. Each participant received a folder containing a handout giving an overview of the entire comprehensive plan project; a handout with selected data on current conditions in the city related to issues such as demographics, land use, economic development, and transportation; and several worksheets for individual use during the Forum activities. Residents had the opportunity to view exhibits of analytical maps across the back of the conference hall. • Welcome and presentation. Following introductory remarks by Mayor Nelda Martinez, Assistant City Manager Gustavo Gonzalez, and Del Mar College President Dr. Mark Escamilla (chair of the Citizen Advisory Committee), Larissa Brown, principal of Stantec and leader of the comprehensive planning team, gave a presentation where residents heard results from the District workshops and were provided highlights from the emerging economic development, residential market, transportation, and other analyses taking place in support of the comprehensive planning process . • Keypad polling. To further engage the participants, keypad polling technology was used to gain real-time information on who was in the room, input on neighborhood conditions, and preferences for housing types, retail choices, and other neighborhood amenities. An immediate result of this instant polling exercise identified that the participants favored a diverse set of choices in both housing and neighborhood preferences. Some of the polling results appear beginning on page 2.8. • Small group activities. Participants were randomly seated at tables to maximize the opportunity for people who did not know each other to talk to one another. Each table had a base map of the city, as well as a few worksheets. Participants were first asked to list on one of the individual worksheets the things that they felt represented the best of Corpus Christi and to list the things that presented the most challenges. They also identified places that fit into those two categories on the basemap, using blue for the "best" and red for the "challenges." Participants then shared and discussed their individual lists. Participants were then asked to develop the elements of an overall 20 -year vision and a statement of principles to guide the plan. First, participants wrote a personal vision for Corpus Christi. After sharing their visions with the people around the table, each group drew up a list on the map of all the elements of the personal visions that everyone could support. Finally, each participant used five dots to choose his or her top priorities among the list of elements. The top five priorities were then transferred to a worksheet, representing the joint work of all the people at each table. People responded with a powerful outpouring of ideas, thoughts, challenges, inspirations, and insights. Facilitators, both members of the planning team and trained facilitators from the community, assisted the participants at each table. Many rich and thoughtful conversations took place. Through their discussions, participants' revealed the values that are important to them, such as the physical environment, education, a diverse range of job opportunities, and the history and culture of Corpus Christi. At the end of the meeting, a volunteer from each table reported back to the entire group on the priorities recorded at each table, giving the flavor of the table discussion. 15 Results • The Best and Challenges. In prioritizing what is best about Corpus Christi, the Bayfront, water, beaches, estuaries, and other aspects of the physical environment consistently ranked highest. These were followed by the city's downtown, a growing economy, cultural centers including the museum, and the institutions of higher education located in Corpus Christi. Challenges that consistently ranked high included issues with city infrastructure and services (street and streetscape conditions, sewer, water, park maintenance), traffic congestion, neighborhood blight, resident health issues, and schools (which also appeared as a strength on many lists). • Personal vision statements. The personal vision statements in many respects reflected the preferences and concerns expressed in the lists of the best things about Corpus Christi and the challenges facing the city. While some participants were more eloquent than others, most people wanted the city in 20 years to: ➢ Build on the economic and population growth taking place ➢ Have stronger neighborhoods with less blight ➢ Have a vibrant and thriving downtown ➢ Be healthier ➢ Maintain and protect the water and physical environment ➢ Improve existing green spaces; expand and create new trails and greenspace networks ➢ Improve schools and graduation rates ➢ Diversify job opportunities • Top priorities. After sharing their personal visions and discussing common elements, the participants around each table then focused on identifying the top five priorities for the city. 6. Scenario Open Houses Eight open houses were held around the city in November 2014 to elicit community response to three different growth scenarios in Corpus Christi. Attendance at open houses totaled to 216. 7. Citywide Forum Presenting Draft Plan CC A Citywide Forum to unveil the draft plan and to solicit feedback was held on May 9, 2015. Attendance totaled 78. 8. Public Review and Adoption The Citywide Forum initiated the public comment period. Two public comment periods were held. The first public comment period was from May 9 - June 12, 2014, for comments on the first draft of the plan, also known as the "May Draft." The first draft of the plan was about 250 pages and the content included goals, policies, actions and strategies. The draft plan was reduced in content and revised in July 2014. The content of the second draft was reduced to the goals and policies with the actions and strategies being eliminated. A second public comment period was held from July 6 - July 20, 2014, on the second draft of the plan, also known as the "July Draft." Public hearings were held before the Planning Commission on August 12, 2015, and May 18, 2016, and before the City Council on October 13, 2015, and [insert date[. The City Council requested the plan be reviewed again by the Planning Commission with consideration of comments submitted by City Council members. 16 (McIntyre] Clarification to the Reader: The terms "support," "promote," "coordinate," "encourage," and "explore" used throughout this document do not commit the City to providing financial or human resources. • Support: To give assistance to, financially or non -financially. • Promote: To further the progress of something, especially a cause, venture, or aim. • Coordinate: To bring the different elements of a complex activity or organization into a relationship that will ensure efficiency or harmony. • Encourage: To help or stimulate an activity, state, or view to develop. • Explore: To inquire into or discuss (a subject or issue) in detail. 17 Element 2 Green and Blue: Natural Systems, Parks & Recreation Natural Systems, Parks & Recreation focuses on the protection and enhancement of natural areas and parks with goals to enhance water quality, preserve natural areas, expand nctworks of maintain green corridors, improve green infrastructure and expand public access to diverse, high quality recreation opportunities. [Martinez] Vision Stewardship of our natural heritage and greenspace networks strengthens our unique character and supports resilience. As the major South Texas city on the Gulf of Mexico, our city offers a distinctive combination of an important port, city and island beach attractions and entertainment, greenways and parks, boating and fishing opportunities, and nature experiences. Good stewardship of natural assets reduces our vulnerability to coastal environmental hazards and enhances our resilience. We work to understand and preserve our natural heritage because it is at the foundation of our way of life and our economy. Goals and Poles Stratejiies 18 POLICIES STRATEGIES 1. Corpus Christi Bay, the Nueces River, Oso Bay, Oso Creek, and other water resources meet or exceed federal and state quality standards, provide environmentally healthy aquatic and wetland habitat, and arc fishable and e meet EPA water quality 1. 2. 3. Support initiatives to ensure that it is always safe to swim water quality at public beaches on the bay and on Padre and Mustang Islands is safe for swimming. [McIntyre] Support initiatives to improve water so that shellfish beds quality arc opcn throughout the city and aquatic life can thrive throughout the 4ay-city's natural water bodies. [Staff] Continue to support programs to manage the balance of fresh standards for their specific designated uses. [Planning 4. and salt water in the estuary. [McIntyre] Promote preservation of watersheds and environmentally Commission] sensitive land and water using public funds or incentives to developers. [10/13/15 Public Comment/Staff} 5. Promote preservation of land around creeks and drainage corridors to achieve a green network of interconnected parks, multi -use paths, passive and active recreational spaces, and conservation land. 2. Wetland areas are protected or effectivelyreplaced so that there is no net loss of wetlands. 1. 2. Support initiatives to preserve wetlands in the estuary- stuaryeffectively feasiblc and cost cffcctivc. {Martinez} Support creation of a wetlands mitigation bank, if feasible. 3. Important natural areas, such as bird 1. 2. 3. Support initiatives for preservation of bird rookeries and similar critical habitat sites, if feasiblc and cost cffcctivc. {Martinez} breeding sites, are preserved and protected as usable habitat networks with ecological integrity. [Staff] Continue to support and protect nature preserves, if feasible and cost cffcctivc. {Martinez} Promoto Support ecotourism as a way to encourage and fund preservation of the natural environment and wildlife habitat. [Staff] 18 4. The city has a network of green corridors including Oso Creek, drainage ways, medians and street trees, parks, and urban wilds to enhance connections for birds and other wildlife. 1. 2. 3. 4. Give priority to natural, green drainage systems for storm water management, if feasiblc and cost cffcctivc. {Martinez} Give priority to strengthening the green character of existing open spaces, if feasiblc and cost cffcctivc. {Martinez} Continue to Sccurc protection of the Oso Creek corridor through implementation of a lin ar park along Oso Creek the adopted Oso Parkway Plan. [Staff] Coordinate storm water management with trails and green network projects, if feasiblc and cost cffcctivc. [Martinez] 5. Natural barrier-beach environments are protected. 1. Support continued enforcement of regulations that protect barrier beaches. New Goal: Corpus Christi has 1. 2. 3. To reduce air pollution, the City should encourage alternative reduced air pollution. [Staff modes of travel. [Magill] addition based on Magill's policies] t Support policies to reduce airborne dust. [Magill] Encourage industrial areas to eliminate industrial odors. Noxious odors emanating from industrial areas should be monitored to cncurc that all inductrics abidc by local, ctatc, and fcdcral air quality regulations. [Magill] Urban Forest Natural Shade 6. Native and other trees adapted to the environment provide shade along major streets and in parks and other public spaces. 1. 2. 3. 4. Promote tree preservation and tree planting on public spaces and private property major corridors. Support creation of "adopt a tree" programs. Give priority to diverse native tree planting along major corridors and other public spaces, with sufficient short-term irrigation to establish trees for long-term, drought-tolerant survival. [10/13/15 Public Comment] [Martinez] Support E plore a full urban forestry program with 4. appropriatc staff within the Parks and Recreation Department. {McIntyre] Support E plore an full urban forestry program with appropriatc staff within facilitics and parks pIanning. the Parks and Rccr ation Department. 19 20 7. Corpus Christi has a network of attractive, safe, and well-maintained parks that provide shade and other amenities, are well-used by the public, and meet the diverse needs of the population. 1. Promote Recreation goals, 2. Update strategic implementation of the 2012 ten- year Parks and MasterPlan (PRMP)to support comprehensive plan including periodic updates. the PRAM every ten years. 2. When improving parks, sSupport cost effective redesign to ensure that parks are safe and provide sufficient shade. [Staff] 8. Parks, beaches. recreational areas, 1. 2. 3. 4. 5. Support Providc_adequate resources for basic maintenance and other green public spaces are of high quality and are well- maintained. [Planning Commission] and operation of all parks, beaches, recreational facilities, and other green public spaces, as discussed in the PRMP,_ and for enforcement of City regulations that protect the quality of these public spaces. [Planning Commission] Continue to support seek funding and partnerships acki- sponsorships to support park provide enhancements and maintenance of public parks. [10/13/15 Public Comment] Incorporatc Encourage sustainable maintenance practices- where financially f aciblo. [Staff] Encourage the joint construction and use of recreational facilities between governmental entities should be encouraged. [Magill' Promote public art facilities and programs that reflect cultural heritage in parks. [Magill' 20 Wait -Raz} 9. Corpus Christi offers residents an etee recreation, including the opportunity to learn how toc [McIntyre] 9. Corpus Christi offers residents an array of opportunities for water-based recreation 1. Develop a orfaci14es se -that every resident has the opportunity to learn how to swim. 2. Seek partnership options to create community boating and swimming programs and education. Ensure public accessibility to all beaches, including those within the Extra territorial Jurisdiction (ETJ), through the platting process and use of beach access easements and rights of way dedications. [Magill] 1. Develop -Continue a plan for facilities and programs so that -every residents have has the opportunity to learn how to swim. 2.1. Seek partnership options to create community boating programs and education. Continue to support and promote water safety programs and training. (Mclntyre's Comment: Fishing, surfing, sailboarding, and boating are all water sports better dealt with in private sector. The Marina already works with entities that use their facilities to moor their boats.] 3,2. Ensure Promote public accessibility to all beaches, including those within the Extra -territorial Jurisdiction (ETJ), [Magill] 21 Element 3 Resilience and Resource -Efficiency Resilience and Resource -Efficiency focuses on the issues of resilience and resource efficiency, particularly energy. [Note: Martinez - Define "resilience"] Resilience is not only the ability to respond to and recover from hazard events but also the ability to anticipate hazards and reduce overall vulnerability by adapting to changing conditions and promoting multiple lines of defense against hazardous events. The section on resource -efficiency focuses on expanding access to renewable energy sources and promoting efficient resource use through sustainable design. Water conservation is treated in the element Infrastructure, Facilities, and Public Services. Vision Good stewardship of natural assets and resources reduces our vulnerability to coastal environmental hazards, and enhances our resilience, preserves our natural resources, reduces our impact on the environment, and keeps our city in attainment of air quality standards. [McIntyre/Staff] We work to understand and preserve our natural heritage because it is at the foundation of our way of life and our economy. [Staff] Goals and Poles Strategies 22 POLICIES S'..-.,, .,�� 1. Corpus Christi has a holistic community standard of resilience that adapts to changing conditions such as storm hazards, high winds, and sea level rise. 1. 2. Support periodic review of resilience planning and implementation to changing conditions. Promote public understanding of risk and the responsibilities of individual households, as well as city, state, and federal governments. 2. The City has a multiple lines-of- defense strategy for protection against flooding from coastal storm surges. 1. 2. 3. Promote implementation of regulations that protect barrier beaches, and dunes, and natural or storm-made passes to lessen the erosional impact of tidal surges. and roduco orocion [Magilil Promote implementation of flood-protection measures throughout the city. Evacuate people from the islands and low lying arcas in casc of hurricane cmcrgcncy. [Magill} Support emergency management evacuation plans. 22 Element 3 Resilience & Resource -Efficiency 5. Green building techniques are used in new development and retrofits. 1. 2. 3. Government operations and buildings are models of resource -efficiency and renewable sources. 1. Support a audit and use of rcncwablc cncrgy greenhouse gas sources, if life cycle cost is cost cffcctivc and financially sound [McIntyre]. 2. Continue organizational and operational improvements to maximize energy and resource- efficiency and reduce waste, if life cycle cost is cost cffcctivc and financially sound [McIntyre}. 3. Give preference to energy-efficient designs, materials and equipment in public facilities and in infrastructure, where thc life cycle cost is shown to bc cost cffcctivc and financially sound {M cI ntyrc}. 4. Expand Support the use of renewable energy sources for City operations and facilities, if life cycle cost is cost cffcctivc and financially sound [McIntyre}. 5. • - • - _ e • e •- - - • -, upport the reuse of water resources, minerals, and energy available as by-products of wastewater treatment and solid waste disposal. should bc reused. [Magill} 1. 2. 3. 4. 4. Renewablesourcesofenergy, otherinergy-can ervatind, and other energy -conservation strategies, are available to city households and businesses. 1. Support programs that Promotc making Mmake renewable- and clean -energy options available to homes and businesses. 2. Ensure residents and businc:ses arc aware of thc cncrgy options available to thcm. [Planning Commission} 3. ALTERNATIVE TO #2: Raise awareness of the energy options available to residents and businesses. [Martinez] 5. Green building techniques are used in new development and retrofits. 1. 2. Promotc Support residential and commercial green building programs through awards and nonfinancial incentives. Support thc Coastal Bend Grccn Built program or y quivalcnt &2. program as thc green building standard for residential development and promote LEED Lcadcrshi. in Ener. and Environmental Design) standards or thc equivalent for non residential buildings. {Planning Commission/Public Comment} Support passive design strategies, such as buildingd site designs that take advantage of rcncwablc resources, such as prevailing winds, sunlight, shade trees, etc. to reduce energy consumption. [10/13/15 Public Comment] 6. Reinvestment in existing communities conserves resources and sensitive environments. 1. 2. 3. 4. Support Encourage clean-up and adaptive reuse of brownfields. Encourage the preservation and adaptive reuse of existing structures to reduce construction waste and conserve energy and materials. Encourage and promote urban farming and community gardens to promote access to local food. Support measures to reduce urban blight and evaluate thcir cost effectiveness. [Martinez]Move to Element 4, Goal 7. 23 Element 4 Housing and Neighborhoods Housing and Neighborhoods focuses on three issues: overall access to a diverse supply of quality housing; investment in the quality of life in established and new neighborhoods; and promoting community identity and sense of place. Housing goals and policies focus on meeting the diverse needs of households at all income levels and all life -cycle stages, reducing chronic homelessness, and ensuring that all housing is code compliant, in good condition, and resourcc cfficicnt. Goals and policics for ncighborhood improvcmcnt includc support for established neighborhoods, mixed use urban villages, and more connected neighborhoods. [Magill] Plan CC's Vision High-quality, safe, connected and diverse neighborhoods provide a variety of living choices. Corpus Christi's growth has revitalized older parts of the city; created a new live-workplay neighborhood downtown; resulted in compact, mixed use centers in key commercial districts; and promoted a connected sense of place and neighborhood in new housing development. Mixed income nNeighborhoods provide housing affordable across the income scale for diverse households, the workforce, young and old—singles, couples, families with children, empty nesters, and retirees. People can get around the city by multiple modes of transportation— connected networks of good streets and sidewalks, safe bicycle routes, and excellent public transportation. Goals and PolieiesStratejiies 24 POLICIES STRATEGIES 'i ' ■ 1. Corpus Christi has a comprehensive housing policy to gee-advise the City 1. Support a community-based system to develop and implement a citywidc housing policy that includes stakeholders from on development of quality housinq for government, the nonprofit sector, and the private sector. 2. Support nonprofit organizations in housing residents of all income levels in all parts of the city nei needs. production and explore creation of Community Development [Planning Commission/Staff] Corporations that assist with neighborhood revitalization projects. [Staff] 2. Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle_, -. 1. Support the planning, regulatory and funding initiatives needed to provide a diversity of housing types—rental and ownership, market-rate and assisted—to meet community needs. 2. The housing and population density of the city should respond to " crecn changing market trends, consumer preferences, economic realities, and design technology. [Magill] 3. Chronic homelessness is cigfisantly rased addressed in an organized and 1. Provide Encourage proactive city leadership in planning and implementing homelessness policies. 12. Encourage partnerships among homeless services providers sympathetic manner. [Magill] and organizations. 4. AI-4—Mousing is in good condition and code-compliant. [Staff] 1. Support effective, efficient, and sensitive code enforcement that focuses on compliance. 5. New and redeveloped housing is resource-efficient. 1. EnsurethatSupport resource-efficiency in City-assisted housing, whether new or rehabilitated_, is resource cfficicnt as deemed cost effective. [McIntyre]_ 2. Promote resource-efficiency in all new housing through financial or non -financial incentives, such as permit streamlining. [Staff] 3. Support the locally created Coastal Bcnd Grccn Built program a& the primary program to measure resource efficiency for new housing as it is a program geared towards the specific local climate of Corpus Christi. [Staff] 24 6. New cost-effective residential subdivisions are established in high- growth corridors to support the demand for new housing. [Staff] 1. 2. Support protection of areas in high-growth residential areas in corridors within the City's ETJ. [Staff] Promote orderly development with fairness to all tax payers and rate payers while keeping in mind impacts to the affordability of housing. [Staff] 25 1 7. &-Corpus Christi sustains and maintains established neighborhoods. 1. Support programs to encourage infill development and rehabilitate housing stock in established neighborhoods. 2. Support-Ppreservation and reuse of historically significant buildings, areas, and siteschould he 0 ed ,hero practical. [Magill] 3. Support enhanced code enforcement and campaigns to address litter issues. 4. Promote the organization of neighborhood associations and community initiatives to maintain neighborhoods and keep them safe and free from crime. [Planning Commission] 5. Support exploration of local nonprofit Community Development Corporations, which can assist in revitalizing neighborhoods through affordable housing and commercial development, job creation initiatives, neighborhood planning and advocacy. [Staff] 6. Expansion of commercial or industrial use into residential arcas may be permitted only if the expansion maintains or improves- mprovcsthe theresidential desirability to the impacted area. [Magill] 7. 8. Neighborhoods are enhanced by investments in "urban villages" to improve quality of life 1. Focus Support public investments—physical, environmental, functional, and social—to be built in areas to support walkable neighborhood commercial and mixed-use districts, including compact centers along major roads. [Staff] 2. Locate Encourage the location of public facilities, civic, and cultural uses within or adjacent to neighborhood commercial districts to act as anchors where feasible. 3. Create aesthetically pleasing public facilities through good design and art works. [Magill} 4. Coordinate Support coordination among city departmentszand wth the Housing Authority, school districts, county, state and federal agencies on the location of new facilities and the disposition of properties. 5. Support programs and regulations that help create livable communities for the aging population. [10/13/15 Public Comment] 6. Support measures to reduce urban blight and evaluate their cost effectiveness. [Martinez] Moved from Element 3, Goal 6. 25 26 9. The design of new developments promotes a broader sense of 1. 2. 3. 4. SupportGive consideration to regulations, projects, incentives, andguidelinesthatpromote interconnected neighborhood and community rather development, such as developments with a well-connected than creating isolated subdivisions or apartment complexes developments with a lack of street network or appropriate connections to neighboring subdivisions, destinations or bicycle/pedestrian facilities. [Staff] interconnection. [Planning Ensure that Support making safe pedestrian and bicycle Commission] [Martinez: Amend policies to be consistent with the goal. Policies should focus on alternative modes of transportation and connectivity.] facilities routes a -Fe available in new and redeveloped areas where appropriate and consider offering financial or non-financial incentives. [Staff/McIntyre] Encourage unobtrusive solutions. parking EncourageAppropriate appropriate transitions, such a building height, window and patio location, screening fences or landscaping, building setbacks, parking layout, and a variety of other techniques, should exist between commercial and residential developments and between high and low-density residential developments. [Magill] 26 Element 5 Diversifying the Economy and Strengthening the Workforce The Economic Development and Workforce goals focus on diversifying Corpus Christi's economy and supporting well -paying jobs by building on existing industries, promoting innovation, and growing new sectors. Key elements to support diversification include retaining and attracting firms, cultivating an "entrepreneurial ecosystem" that supports small businesses, attracting talented professionals, and ensuring that students and unemployed or underemployed workers are adequately prepared to find and maintain employment. In addition to building on important long-time sectors like oil and gas and tourism, this element stresses the potential of assets such as higher education research and military bases to bring entrepreneurial energy and more 2lstcenturyjobs to Corpus Christi. Plan CC's Vision for Economic Development Our broadly diversified economy provides opportunity for all. While the port, the oil and gas industry, military bases, and tourism continue as important mainstays of our economy, new sectors are thriving through entrepreneurial start-ups, technology spin-offs from university research, and expanded ecotourism. Our skilled workforce results from a commitment to a strong culture of educational achievement, from pre-school to grad school. Graduates of TAMU-CC and Del Mar College find jobs in Corpus Christi that allow them to stay, grow, and enjoy urban amenities in a Gulf Coast lifestyle. Goals and no'ieles Strategies OALS 1. Corpus Christi has a diversified economy of well -paying jobs that builds on existing industry strengths and technological innovation. FOR DECISION MAKERS 1. Leverage Promote the technological strengths of companies in the oil and gas cluster by supporting new product development and expansion into new markets. 2. Support market diversification by the tourism industry. 3. Promote and protect the natural amenities of the area for ecotourism- including area b aches, [Magill] 4. Support nature preservation for ecotourism. [Magill] 5. Support the marketing and expansion of the tourist and convention businesses. [Magill] 6. Promote expansion of public and private research activity in the region that offers the potential for the development of new products and the emergence of new industries. 2. Corpus Christi is able to attract and retain firms because of its competitive assets and supportive business environment. 1. Develop and maintainPromote strong lines of communication between local government and businesses to ensure timely response to business needs. 2. Ensure that business taxes, fees, and regulations are reasonable and equitable. 3. Make regulatory efficient and transparent. processes 4-.2. Provide Promote financial incentives judiciously for business investments that offer the potential for strong catalytic impacts, and structure incentives to provide the maximum public benefits. 5. Increase the availability of technical and financial resources essential to entrepreneurship. 6-3. Foster Encourage the development of a high-quality workforce across a wide range of occupations and skill levels that meets the current and emerging needs of local businesses and makes workforce a positive factor for business prospects. 7-4. Maintain Promote modernization of transportation and utility infrastructure in repair and make additional modernization good investments as necessary in a timely manner. 8,5. Promote programs that identify optimal sites for industrial uses I promote competitively priced industrially zoned land for expansion should be supported. [Magill] 27 Element 5 Economy and Workforce 3. Corpus Christi has a robust "entrepreneurial ecosystem" that supports a thriving small business community. 1. 2. 3. 4. Foster Promote a community culture that recognizes and embraces innovation and entrepreneurship. Invest Support investment of in trio resources and capacity that support new venture startup and growth. Encourage youth to develop entrepreneurial talents. Support the development of Develop partnerships with local colleges/universities, industry, and business organizations to promote and use existing and new entrepreneurial programs. [Planning Commission] 4. Corpus Christi is a community of choice for talented entrepreneurs and professionals. 1. 2. 3. 4. 5. 6. Encourage in -migration from the surrounding areas, the state, and nation. [Magill] Foster Promote a community culture that embraces diversity, values new ideas, and welcomes new residents. Create Encourage the creation of a strong, positive image for Corpus Christi, both internally and externally. Encourage the development of cultural/artistic activities and programs that will promote the city as the cultural center of South Texas. [Magill] Strengthen community institutions and amenities that provide a high quality of life. Promote an economic environment and quality of life that provides Provide incentives, such as continuing Type A funds to positive subsidize college internships or making quality of life improvements, for highly skilled individuals who have other locational choices to settle in Corpus Christi to pursue their careers. [Martinez: Her comment was to define `positive incentives." 5. Unemployed and underemployed workers have access to training and support services that enable them to improve their employment status and qualify for jobs offered by local employers. 1. 2. 3. 4. Ensure thatEncourage responsiveness of career training programs and other workforce development services arc aligncd with cmploycr nccdc and rccponsive to changing employer demand. Support an easily accessible and seamless service delivery system for jobseekers, such as through more effective marketing of workforce development services, greater employer engagement, and improved matching of available jobs with qualified job seekers. [Martinez: Her comment was to clarify how we can support job seekers.] Support Promote provision of Identify and coordinate essential support services, such as childcare, transportation, and substance abuse counseling, that enable workerstoseekand maintain employment. [Martinez/Planning Commission] Promote a balance between responding to immediate labor force needs and planning for longer-term changes in the labor market. 6. Every student completes his or her education, whether high school, technical school, or 1. 2. 3. 4. Makc Encourage school completion as a high civic priority with broad community support and engagement. [Martinez] Promote partnerships and encourage integrated early childhood services—incorporating cognitive, intellectual and emotional development, health, and family social services—to ensure that children entering school are ready to learn. Promoteprovisionofarangeofage-appropriate careerexploration andexperienceopportunitiesfor children, beginningattheelementary level. Promote alignment of education, including school boards and workforce development agencies, with the needs of local industry. college, with the skills needed to enter a well -paying career. [McIntyre] 7. The Port of Corpus Christi 1. 2. 3. Encourage improvements of the port area and its facilities according to continues to be a major economic the Port of Corpus Christi's Strategic Plan. [Magill/Staff] engine for Corpus Christi. [Staff Support the expansion of port activities and consider land use suggestion based on Magill's comment: "Support the Port of Corpus Christi."] compatibility. [Staff] Encourage coordination with the Port and trucking industry to establish designated truck routes and to minimize delays on truck routes and seek funding mechanisms to maintain and operate truck routes. [Staff] 28 Element 5 Economy and Workforce 8. Corpus Christi has maintained a 1. Make Corpus Christi an attractive place for military installations. [Magill' harmonious relationship with the 2. Adopt Encourage the adoption of regulations consistent with the military and seen growth in military recommendation of the Joint Land Use Study. [Magill] facilities. [Magill] 3. Develop Support the development of a contingency plan to allow for the expansion and contraction of military activities. [Magill] 4. City policies conccrning ar as adjacent to military airports should be _. - - - -- -- - - -. [Magill] 5. Support the South Texas Military Facilities Task Force, which is a consortium of governmental entities and industry partners dedicated to preserving military missions and facilities in the South Texas Region and sponsored by the Corpus Christi Chamber of Commerce. [Staff] 9. Corpus Christi's Ccntral Busincso 1. Encourage high density residential development in the Ccntral Bucincc., ! - - District. [Magill] 2. Maintain all parks within the Central Business District area and provide location next to the bay, creating an impressive center for South Texas. landscaping and other amenities for a people friendly pedestrian [Magill]environment for rccidcnts and tourists, such as walkways and pedestrian amenities such as benches, trash containers, drinking fountains, and informational signs. [Magill] 3. Develop the Seawall as a safe people oriented tourist area such as by expanding bucincs., activities, constructing numcrous shade structures, installing landscaping, street furniture, and public art, and improving lighting. [Magill' 4. Maintain Magee Beach as a major recreational park. [Magill] .1. Develop the marina as a recreational area, an economic incentive to waterfront development, and as an image for the community. [Magill' 10. North Beach Mac become a 1. Encourage medium and high density developments that arc tourict - - -- - - '- - - - - . - - oriented. [Magill] 2. Recognize the value of the Texas State Aquarium and the USS Lexington Museum, which are great tourist attractions and valuable ac—cts to local rccidcnts, and take efforts to encourage cuccccc of thccc organizations. [Magill] (Move to Goal 111 11. The tourist and convention 1. Promote the natural amenities of the area, including the beautiful industry has become an important central-city area and the 93-mile stretch of beautiful beaches along part of the local economy and the Mustang and Padre Islands. [Magill] City has encouraged the 2. Preserve Support the preservation of the natural state of public lands development of this industry by - - •• - • _ - • -. [Magill] protecting natural amenities and by 3. Preserve nature to promote ecotourism for its contribution to economic promoting, where appropriate, man- development, for education, and in trust for future generations. [Magill] made developments that will attract 4. Support the marketing of the tourist business through the continued and serve the tourist/ conventioneer. implementation of strategic planning for promoting natural and man- [Magill] made amenities to potential and existing tourists. _ the tourict business in Corpus Christi should be developed, implemented, and updated annually. The primary goals of the plan should be to use the natural and man made amenities of the city. JMagill] 5. Support the marketing of the convention business through strategic planning and continued implementation for promoting the development of meeting facilities in the area and for the most cost effective use of the Convention Center, meeting facilities, and cultural facilities.-A-pian for increasing the convention business should be developed, implemented, and updated periodically. The plan should provide a strategy for the most effective use of the Convention Center and othcr cultural facilities, in the area. [Magill] .56. Recognize the value of area attractions and take efforts to encourage success of these organizations. [Magill] [Originally came from Magill's comment on Goal 10, Strategy 2 above] 29 Element 6 Getting From Here to There: Transportation and Mobility Transportation and Mobility focuses on improving Corpus Christi's transportation infrastructure and systems, including expanding mode choices to encourage biking, walking, and public transportation while maintaining the roadway system for long-term effective use. Integrating land use and transportation planning, along with support for aviation, rail freight and shipping from Corpus Christi, are key goals for the future. Plan CC's Vision for Transportation and Mobility People can get around the city by multiple modes of transportation—connected networks of good streets and sidewalks, safe bicycle routes, and excellent public transportation. City services, infrastructure and utility systems—including streets—have been modernized to ensure that the city can support and maintain urban and industrial growth, employing best practices in a cost-efficient manner. Goals and etici s Strategies 30 POLICIES STRATEGIES 1. Corpus Christi has an efficient and safe transportation network, including bicycles, pedestrians, public transportation, aviation, shipping, trucks and automobiles, that is integrated with land uses and promotes transportation choice, healthy lifestyles, and sustainable development patterns.% and economic development. 1. Support a multi -modal transportation network that is integrated with land uses, where destinations are easily connected by accessible paths. [10/13/15 Public Comment] 2. Support compliance with transportation design standards. 3. Support the development of mode -choice corridors for bicycles, pedestrian and public transportation. 4. Support and coordinate with the Corpus Christi Metropolitan Planning Organization's projects, plans, and initiatives. [Planning Commission] 5. Encourage planning effectively for future streets and highways capable of carrying projected traffic flows and protect future street right-of-ways from being obstructed with development. [Magill/Staff] 6. Provide convenient access to industrial areas. [Magill] 7. Special routes leading away from the city and isolated from major activity centers should be designated for the transport of hazardous materials. [Magill] 8. Truck loading facilities, which often produce traffic congestion, noise, and road wear, should be properly located and designed to prevent conflicts with other land use activities. [Magill] 9. Encourage governmental partnerships to upgrade and construct &Streets serving storage and shipping terminals at the Port of Corpus Christi should be expanded to accommodate demand and federal, state, and county funds should be requested to construct additional arterial roads to serve the Port. [Magill] 10. Identify and obtain in advance of full development sufficient right of way for proposed roads consistent with Area Development Plans and the Urban Transportation Plan. [Magill] 11. Promote desirable patterns of development consistent with the Urban Transportation and Future Land Use Plans Present and future road networks should promote desirable patterns of development. [Magill] 4--112. Support the improvement and aesthetics of major thoroughfares and city entrances. 30 F 2. Corpus Christi's street system is designed, constructed, and 1. Support a long-term program to repair existing streets and regularly maintain the system to minimize life -cycle costs. 2. Support adequate and balanced funding sources for long-term operation and maintenance of the street network. 3. Integrate Support the integration oftransportation and neighborhood maintained to standards for long-term effective and safe use. [Revised to incorporate Goal 3.] planning with utility infrastructureplanning. [Planning Commission] 4. The City should periodically review its street cleaning and paving policies to insure that all city streets are as clean as possible and to reduce airborne dust. [Magill] 5. Utilize Support the utilization of road improvements to stimulate redevelopment and orderly growth. [Magill] 6. Traffic impact analysis should be included in the planning process so that existing and future roads will adequately meet the needs of future land ucc activities. [Magill] 7. Promote lower Study and enc, ire Support appropriate vehicular speeds and bicycle/pedestrian use on neighborhood streets. [Martinez] [Moved from Goal 3, which was deleted] 3. Improve the Feelgn and [Combined with Goal 2.] 1. Promote lower Stud and ensure a..ro.riate vehicular speeds and bicycle/pedestrian use on neighborhood streets. [Martinez} (This strategy was edited and moved under Goal 2.] 2.—Consider Create and implement a reconstruction program for local streets. [Planning Commission/McIntyre} deleted [This strategy was because it was thought to be covered by Goal 2, Strategy 1 more broadly.] 4. Corpus Christi has a convenient and efficient public transportation system. 1. Support continued implementation of the Corpus Christi Regional A_ e.e - - -e e e e - _ _ _ _ _ _ _ _ _ _ funding to increase ridership and rcducc single occupancy vehicle, use. Continue Support the partnership with the Corpus Christi Regional Transportation Authority to increase ridership and reduce single -occupancy vehicle use [Martinez], which also helps reduce, while helping to reduce air pollution. [Magill] 2. Support an operations plan to increasethe efficiency and lower the life -cycle costs ofthe public transportation system. 3. Support transit -oriented development (TODs) near public transportation stations. 4. Support the extension of Ttransit services should be extended to all areas +n -of the city • - - - _ _ _ - _ _ _ _ _ transportation cyctem to provides universal access to employment, social and recreational opportunities, - - - - - - • - - - - - - - , and disabled. [Magill] 5. Corpus Christi International Airport is the aviation gateway to the Coastal Bend and supports economic development. 1. ContinuetoimplementSupport implementation of theAirportMaster Plan. 2. Support enhancements to and expansion of airline service. [Planning Commission] 3. Encourage IDdevelopment of areas adjacent to the Corpus Christi International Airport should be implemented in compliance with the Joint Land Use Study in order to In a manner that minimizes their the impact on the airport and its operations. [Magill] 4. A land acquisition program should be pursued to protect the airport from encroachment by incompatible land uses. [Magill] 6. Support and enhance continuing national freight rail service from Corpus Christi. 1. Support enhancements to rail service essential to the city's economic success. 2. Minimize Support minimizing delays and improve safety at at -grade railroad crossings. [Martinez] 3. All railroad crossings should meet federal and state regulations by ensuring that all required safety fcaturcs be placed on crossings. [Magill] 31 7. Access to, from, and around 1. Promote and support a plan for a second access on and off Padre Padre Island is safe and Island. [Planning Commission] accommodates growth both in residential and tourist populations. [McIntyre! 8. Improve the aesthetics of major thoroughfares and city entrances. [Magill] [Moved under Strategies of Goal 1.] 32 Element 7 Community Infrastructure, Facilities and Public Services Infrastructure, Facilities, and Public Services focuses on the improvement of long-term water supplies, water security, wastewater treatment, solid waste disposal , storm water and drainage systems, and emergency response services through cost-effective and environmentally sustainable initiatives. The City has to balance the needs of residents, commercial users, rate payers, and the environment. The systems are expensive to expand, maintain, and compensate for prior underinvestment. The City must support a strategic approach to providing adequate water, wastewater -treatment and storm drainage infrastructure to support redevelopment and new development. [Magill] Proposed improvements focus especially on long-term planning that integrates management strategies to meet or surpass regional and state goals and standards. Plan CC's Vision for Infrastructure, Facilities and Public Services Modernized city services and systems support growth and vitality in all parts of the city. City services, infrastructure and utility systems—including streets, drinking water supply, wastewater, and storm water management, and emergency response services— have been modernized to ensure that the city can support and maintain urban and industrial growth, employing best practices in a cost-efficient manner. Goals and Policies Strategies 33 POLICIES STRATEGIES [This goal will focus on water supply.] 1. Corpus Christi has an integrated, sustainable water- resource management program that provides a long - term supply of the right water for the right use—drinking water for residents and processed water for business and irrigation— while ensuring the integrity of environmental systems. 1. 2. 3. 4. 5. 6. Support the development of Develop and maintain integrated water - management strategies, within financial constraints, of considering surface, reuse, conservation, groundwater, aquifer storage and recovery and desalination. [McIntyre/Martinez] Support a water supply system and management master plan to meet current and future demand_ through the year 2060. Encourage the continued implementation of Continue implementing the city's water conservation plan. "' - wastewater treatment and storm drainage infrastructure to support redevelopment and new development in targeted areas. [Martinez: Define targeted areas to investments.] to Goal 2, prioritize [Moved then edited] Sufficient water pressure for fire protection should be carefully considered in existin. and develo.in. areas. [Magill] [Moved to Goal 2, then edited] The City must update and harmonize its Utility Matter Plans as 7. well as incorporate the best practices available from current technology and meet pro'ected land uses. [Magill] [Deleted; idea covered in the Plan's introduction] Support efforts to find a regional solution to the water supply. f McIntyre] [Moved from Goal 2 strategies] 33 [This goal will focus on water quality.] 2. Corpus Christi has T water security a water treatment and distribution system that meets or exceeds state water quality requirements. [Martinez] 1. Provide Support the operation of a safe, efficient, and sustainable water supply, treatment, and distribution system in an environmentally sound manner. 2. Maintain and improve Support the maintenance and improvement of existing water infrastructure, including the incorporation ofn-ew innovative and cost-effective technologies where appropriate. [Planning Commission] 3. Su..ort efforts to find a resional solution to the water su..l . [McIntyre] 3 4. [Moved to Goal 1] support redevelopment and new development in targeted areas. [Martinez: Dcfinc targeted areas to prioritizc investments.] Support a strategic approach to providing adequate water infrastructure to support redevelopment and new development. [Martinez: Define targeted areas to prioritizc investments.] [Edited and moved from Goal 1] 5. Sufficient water pressure for fire protection should be carefully considered in existin. and develo.in. areas. [Magill] Support improvements to the water distribution system to accommodate adequate pressure and flow for fire protection in existing and developing areas. [Edited and moved from Goal 1] 4.6.The City must update and harmonize its Utility Matter Plans as well as incorporate the best practices available from current technology and meet proected land uses. [Magill] The City must update and harmonize its Utility Master Plans as well as incorporate the best practices available from current technology and meet projected land uses. 4.7. Support adequate water infrastructure for infill, redevelopment and new development. 3. Corpus Christi has a cost- effective and environmentally sustainable wastewater - treatment system that supports existing development and accommodates future growth. 1. Support improvements to meet state and federal standards where applicable. operated under an appro riatc waiver [Magill] and purcuc grants for such im rovements. [McIntyre] 2. Support an approach that establishes priorities for the replacement and correction of existing facility deficiencies and for meeting future needs. 3. New facilities should be planned far in advance of need and located so that they are compatible with adjacent land uses or cnvironmcntall ccncitivc ar as. [Magill] 4. Promote existing and aAlternative methods uses of recycling recycled wastewater. - - - capacity problems at existing wastewater facilities. [Magill] 5. Support the updating and revising of tThe wastewater master plans, taking into which takes in to account current conditions, -and anticipated future growth, and compatibility with land uses and environmentally sensitive areas. [Magill] [Move to top of list] 4-6. Support adequate wastewater infrastructure for infill, redevelopment and new development. 34 4. Corpus Christi has a storm water and drainage system that is environmentally and economically sustainable. 1. 2. 3. 4. 4,5. Promote natural drainage approaches ("green infrastructure") and other alternative non-structural and structural best practices for managing and treating storm water if feasible and/or cost effective-. {Martinez} Promote reduction of pollutants and litter in the Bay by reducing storm water discharges- through the use of best management practices. [10/13/15 Public Comment] Promote economic development by reducing potential losses due to flooding and water-quality degradation. Support the incorporation of changes to FEMA flood zones and federal regulations and their impacts on storm water and land use planning. [Staff] Support Review the creation of a more equitable billing system for 2-6. integrate storm water services. [Martinez: Reviewing a more equitable funding source for stone water services is a major policy decision and should be considered in our comprehensive plan.] 5. Review the creation of a more equitable billing system for storm water services. [McIntyre] Support sStorm water master planning should consider to the Futurc Land Use Plan, taking into consideration the ultimate- development of the area. [Magill] (Too similar to Strategy 7 below] 4-8. 7. Support the updating and revising of tThe storm water master plans, taking --- -- - -- ee- - -- ---- - e - ''- - Plan that takes- into account current conditions and anticipatcc anticipated future growth. [Magill] [Move to top of list] Support adequate storm water infrastructure for infill, redevelopment, and new development. 5. All residences and businesses have a dependable, environmentally safe means to dispose of solid waste. 1. 2. 3. Support the continued operation of providing city and regional waste-management services. Continue to maximize landfill capacity by supporting Support recycling that meets or exceeds state and regional goals in order to maximize landfill capacity. - • - - - - - - - • - • - • - e •• - - • - - goals. [McIntyre] Support the planning for -11,1-new solid waste facilities should bo planned far in advance of need and located identify locations that se th-at-th-eyare compatible with adjacent land uses or environmentally sensitive areas. [Magill] 6. The City maintains all municipal buildings and facilities for long-term use. 1. Support investment in an asset-management system. 2. Continue to invest in best practices for long-term, life-cycle energy and resource efficiency in improvements, renovations, or new facilities. when it is cost effective. [Magill] 3. Increase the viability of residential neighborhoods by maintaining and upgrading ublic facilities. [Magill} 4.3. Support the identification and obtainment of adequate sources of funding for the development and maintenance of public services and facilities. [Magill] 4. Properly maintain Support the proper maintenance of public facilities. and services and construct new facilities at optimal sites. [Magill] 5, [NEW Strategy] Support construction of new public facilities at optimal sites. [Magill] 65. Maximize Support the maximization of the use of public facilities through cooperative and joint use agreements. [Magill] 7-6. Encourage active citizen participation as public facilities are planned, constructed, and maintained. [Magill] 6-7 The City should °Encourage voluntary contributions and City support offer its assistance in planning creative financing solutions for cultural/public facilities needing maintenance and repair. [Magill] 7. New or renovated 1. Support programs to meet all outstanding ADA deficiencies in public facilities. 2. Make Support making ADA accessibility information available to the 8buildings, facilities and both open spaces, public and private, that are public. required to comply with ADA (Americans with Disabilities Act) standards do comply. [Staff] TWO ALTERNATIVES: [McIntyre: Delete Goal 8 and its Policy] [Martinez: Leave and edit the Policy] 8. Corpus Christi has state- of-the-art broadband and telecommunications services. 1. 1. Seek Support continued state-of-the-art provision of high-speed Internet and telecommunications access to all residents and busines.,c ;City departments and services. should it become a viable option. [Staff] (Martinez: Past cxpericncc with city initiative was unsuccessful. At most, evaluate a bcst practice ability 1 2. Support continued cooperation with telecommunications providers through franchise agreements to allow access to the City's public right-of-way in order to provide state-of-the-art services to residents and businesses. 36 [Staff/AEP Suggestion] 9. The city's electric grid is protected and resilient. 1. Work Encourage cooperation with electric service providers to harden the electric grid to increase resiliency upgrade the grid and it underground. [Staff/AEP] put 2. Promote the installation of underground electric distribution lines whenever practical and financially and operationally feasible. [Staff/AEP] [Martinez] 9. The city's electric grid is 1. Work Encoura.e coo.eration with electric service providers to protected and resilient. upgrade the grid and put it underground where feasibleharden the electric rid to increase resiliency. [Martinez] [McIntyre] 9. The city's electric grid is protected and resilient. 1. Work with electric service to upgrade the and it providers grid put underground. 10. All areas of the city receive 1. Explore revenue strategies for providing an equal level of service equal access to emergency to all parts of the city. [Staff suggestion based on Magill's services and public safety is comments] 2. Consider a systematic method to fairly evaluate existing police and improved. [Staff suggestion based on Magill's comments] fire stations and the need for new stations. [Staff suggestion based on Magill's comment] 3. Building codes should be reviewed periodically to include the latest cost-effective fire prevention devices. [Magill] 4. Evaluate options to curb abusive use of the emergency transport facilities. [Magill] 5. Every effort must be made to increase public understanding of crime trends in Corpus Christi, such as through local media, and to encourage citizen involvement in crime prevention, such as "Crime Stoppers" and "Neighborhood Watch." [Magill] 11. In order to provide for orderly 1. Waiting to acquirc thccc rights may caucc thcm to bccomc growth to new development unavailable due to disorganized growth or cost prohibitive in an areas, expansion of capacity to urban setting_ [Magill] existing infill development, or 2. Failure to secure these rights may limit growth of Corpus Christi reorqanization of existing and caucc substantial cconomic harm. [Magill] facilities, the City must plan for 2 1. Encourage the identification and acquisition of sufficient right-of- and purchase property or easement rights. [Magill] way or easements for proposed drainage and utility infrastructure in accordance with Area Development Plans and appropriate Master Plans in advance of development. 37 Element 8 Future Land Use, Zoning, and Urban Design Every comprehensive plan contains an element on future land use and a future land use map. The Future Land Use, Zoning, and Urban Design element sets forth the policy framework for the physical development of Corpus Christi over the next 20 years. It is the guide for decision makers on the pattern, distribution, density and intensity of land uses that, over time, will help the city achieve the community's vision for the future. The future land use map is not a zoning map but provides the foundation for zoning. It guides land -use decision makers when they are called upon to exercise their discretion in making rulings on rezoning and similar issues. Plan CC's Vision for Land Use, Zoning & Urban Design From the Vision Corpus Christi's growth has promoted a connected connected sense of place; revitalized downtown and older parts of the cityi created mixed-use centers in key mixed uco contort in koy commercial districts resulting in live -work -play neighborhoods [Magill]; and established new neighborhoods in the south side and northwest areas [Planning Commission] i created new live work play neighborhoods and downtown; resulted in compact, mixed use centers in key commercial districts; and promotcd a conncctcd sense of place and neighborhood in new housing development.... From the Principles • Pursue high-quality development. Make public investments a model of excellent design and function and establish high quality explore having design standards for private development that result in well-designed connected neighborhoods and built environments. Consistent application of clear standards will make the city more attractive for people who live here now and attract new residents. [Staff] (Magill: Delete entire first bullet point] • Be strategic. Strategically integrate public physical, economic, and social investments to leverage private investment and grants in order to create critical mass that supports enhanced choices in housing, transportation, and retail and services. This critical mass will then stimulate self- sustaining activities. Goals and Polieies Strategies 38 POLICIES STRA FOR DECISION MAKERS , ,., A 1. Corpus Christi development patterns support efficient and cost-effective use of resources and high quality of life. 1. 2. 3. 4. 5. 6. Protect and cnhanccEncourage the protection and enhancement of stable residential neighborhoods. Promote the stabilization, revitalization and redevelopment of older neighborhoods. Support Explore the creation of a City redevelopment authority or similar agency. [Martinez] Encourage orderly growth of new residential, commercial, and industrial areas. [Magill] Promote a balanced mix of land uses to accommodate _ _ - - • - _ - - continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. [Magill] Actual development should be monitored against infrastructure capacities to point out potcntial problcm ar ac well in advance. [Magill] Promote the monitoring of current development to identify infrastructure capacity deficiencies in advance of future development. 38 39 6,7. Locatc Promote and incentivize with both financial and non -financial incentives the location of new residential developments adjacent to and connected to existing development. [Staff] 2. Downtown and mixed-use urban and neighborhood villages provide walkable environments and new housing options. 1. Support planning to cr atc explore the idea of creating urban and neighborhood villages at major intersections as identified by the mixed-use category in the Future Land Use Map. [Staff] 2. Promote residential and mixed-use development downtown. [From the Land Use Principles] 3. Promote compact and walkable mixed-use urban villages that concentrate retail and services within walking distance of neighborhood residences and where they could support improved public transportation service, such as expected major bus stations and future stops for bus rapid transit, creating "transit-ready" locations. [Planning Commission) [From the Land Use Principles] 1,4. Promote neighborhood villages consisting of smaller mixed-used areas to concentrate neighborhood-serving retail and services along with some residential development. [Planning Commission) [From the Land Use Principles] 39 UR NEI 3. Dublin and p ivate developments 1-em-enstate high standards ..f Corpus Christi has well-designed 1. Adopt design standards and that rccult in high guidelines built environments. [Staff] quality 2. Encourage and incentivize, with both financial and non - financial incentives, design standards that result in high neighborhoods and built quality built environments. [Staff] environments. [Staff] 3. Support having a stakeholder committee to develop design standards and policies for areas of the city where deemed appropriate. [Staff] -3-4. Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods..fFrom the Land Use Principles] 4.5. Promote interconnected neighborhoods with appropriate transitions between lower -intensity and higher - intensity land uses. [From the Land Use Principles] 5-6. Support the separation of high#+# volume traffic should be separated from residential areas or other noise - sensitive land uses. [Magill] [From the Land Use Principles] 6-7. Encourage direct arterial access for highdensity apartments should be located with direct arterial access or alert -an interior access from a street designed specifically to collect the apartment traffic and distribute it directly to an arterial without passing through a lower density residential area. [Magill] [From the Land Use Principles] 7-8. Encourage convenient access from mMedium-density residential development should be located with convenient acccsc to arterial roads. [Magill] [From the Land Use Principles] 9. Commercial centers of high density should be surrounded '-Promote medium density activities, such as medium density apartments or office uses around commercial centers of high density, and the remaining area by low density use such as single-family dwellings. [Magill] [From the Land Use Principles] 10. Encourage compact as opposed to linear form commercial centers to provide for a grouping of activities. Such grouping of activities generally permits more effective traffic management, i.e., left turn conflicts can be minimized, entryways/exits can be designed to serve several businesses and right turns onto major streets can be encouraged. [Magill - From the Land Use Principles] 11. Encourage the design of commercial centers in a manner that minimizes the impacts of automobile intrusion, noise and visual blight on surrounding areas. [Magill - From the Land Use Principles] 8,12. Screening fences, open space or landscaping can provide an essential buffer between shopping and residential areas. [Magill - From the Land Use Principles] 4. Regulations to protect military and civilian airfield and airport use are in place. 1. Adopt appropriate regulations consistent with the recommendations of the Joint Land Use Study. [Martinez] 2. Continue to consider the compatibility of proposed uses with military airfield operations when making decisions on rezoning requests. [Staff] 2-3. Avoid development that is incompatible with the operation of military airfields and the airport. [From the Land Use Principles] 5. Transitions from residential enclaves to non-residential uses have occurred in industrial and aviation special districts. 1. Support city involvement in setting up a fair transition process. 40 6. Annexation plans provide for orderly growth in the southern ETJ and industrial agreements in the northern ETJ (Extra -territorial jurisdiction). [Staff] [Martinez: Define "orderly"] Orderly Development: Development that occurs and is managed by local government according to adopted land use plans and utility master plans, thereby providing cost effectiveness and land use compatibility. [Staff] 1. Adopt E plore [Martinez] Support policies and regulations that ensure orderly development in annexed areas, as rapid unorderly growth can cause numerous urban problems that include traffic congestion and the inability to meet infrastructure needs. [Magill] 2. Utilize Support an orderly and prioritized annexation program to insure an adequate supply of developable land. [Magill] 3. Pursue Support a policy of annexation of land at the periphery of the city to protect the city from urban growth that is incompatible with the developmental objectives of Corpus Christi and to achieve orderly growth. [Magill] 4. Land should be annexed so that all structures are constructed in accordance with building, plumbing, electrical, and other City codes, which are designed to ensure the public health, safety, and welfare. [Magill] 5. Annexation should occur so that impacted areas may benefit from public health programs, zoning laws, police and fire protection, and so that new developments may be planned and linked to the municipal water supplies, wastewater, and storm drainage systems. [Magill] 6. Continue to evaluate Support the evaluation of the use of industrial district agreements in lieu of annexation for industrial areas of the city and ETJ. [Staff] 7. Use annexation powers combined with minimum lot size in zoning and infrastructure policy and strategic City investments in infrastructure to promote orderly and efficient development in the ETJ. [Staff] 6-8. Adopt master utility plans to facilitate orderly development. [From the Land Use Principles] 41 Plan CC's Land Use Principles [This section will be deleted and the ideas will be moved to the Goals/Strategies table of Element 8. See notations.] Housing and Neighborhoods [The remaining bullet points were moved to the Strategies of Goal 3.] • Preserve and support the charactcr of stablc residential neighborhoods. • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. • Locate Promote the location of multifamily development where there is nearby access to retail, services, and public transportation, such as in mixed use centers or urban villages. [Planning Commission] • Promote interconnected neighborhoods with appropriate transitions between lower - intensity and higher -intensity land uses. • Avoid locating small areas of residential uses where they will be surrounded by intensive commercial or industrial uses. • High-volume traffic should be separated from residential areas or other noise -sensitive land uses. [Magill] • High density apartments should be located with direct arterial access or along an interior access street designed specifically to collect the apartment traffic and distribute it directly to an arterial without passing through a lower density residential area. [Magill] • Medium -density residential development should be located with convenient access to arterial roads. [Magill] • Commercial centers of high density should be surrounded by medium density activities, such as medium density apartment or office use, and the remaining area by low density use such as single-family dwellings. [Magill] Commercial Centers [Magill] [The remaining bullet points were moved to the Strategies of Goal 3.] • Compact commcrcial ccntcrs should bo located at major intersections. • Commercial centers that are Encourage compact as opposed to linear+n-form commercial centers to provide for a grouping of activities. Such grouping of activities generally permits more effective traffic management, i.e., left turn conflicts can be minimized, entryways/exits can be designed 42 Element 8 Future Land Use, Zoning & Urban Design to serve several businesses and right turns onto major streets can be encouraged. • Encourage the design of cGommercial centers should also be designed in a manner that minimizes so that the impacts of automobile intrusion, noise and visual blight on surrounding areas will be minimized. • Screening fences, open space or landscaping can provide an essential buffer between shopping and residential areas. Mixed -Use Centers [The bullet points will be moved to Goal 2.] • Promote residential and mixed-use development downtown. • Provide for Promote compact and walkable mixed-use urban villages that concentrate retail and services within walking distance of neighborhood residences and where they could support improved public transportation service, such as expected major bus stations and future stops for bus rapid transit, creating "transit -ready" locations. [Planning Commission] • Providc for Promote neighborhood villages— smaller mixed -used areas to concentrate neighborhood -serving retail and services along with some residential development. [Planning Commission] Efficient Development Patterns • Locatc Promote and incentivize with both financial and non-financial incentives the location of new residential developments adjacent to and connected to existing development. [Staff] [Moved to Goal 1 ] • Avoid "leapfrog" developmcnt that locatcs subdivisions far from other residential areas. [Staff: same concept stated above] • Avoid development that is incompatible with the operation of military airfields and the airport. [Moved to Goal 4] • Use annexation powers combined with minimum lot size in zoning and infrastructure policy and strategic City investments in infrastructure to promote orderly and efficient development in the ETJ. [Staff] [Moved to Goal 6] • Where feasible, the City should extend all necessary utilities to facilitate orderly development patterns. [Staff] Adopt master utility plans to facilitate orderly development. [Move to Goal 6] • Locate heavy industrial uses close to one another and to services for industrial uses. Environment and Resilience [The remaining bullet points were moved to Element 2, Goal 1.1 • Preserve Promote preservation of a protect watersheds and environmentally sensitive land and water using public funds or incentives to developers. [10/13/15 Public Comment/Staff] • Preserve Promote preservation of land around creeks and drainage corridors to achieve a green network of interconnected parks, multi -use paths, passive and active recreational spaces, and conservation land. • Avoid devclopmcnt without rccilicncc measures and mitigation in ar as vulncrablc to hazards. 43 Element 8 Future Land Use, Zoning & Urban Design I= City Limit I-1 Extraterritorial D Jurisdiction #Miles n 4 Water W 100 -year Flood Plain L !City Limits County Line Extraterritorial Jurisdiction ▪ Commercial ▪ Transportation Conservation/Preservation Drainage Corridor Dredge Placement Heavy Industrial Light Industrial Agriculture/Rural Estate Residential Professional Office Public/Semi-Publiic Vacant RURAL USES Agriculture/Rural Enterprise This category includes farms and other enterprises that serve the rural population, such as convenience retail and gas stations, agricultural suppliers, and so on. Uses include: • Single-family homes on very large lots or associated with rural enterprise uses • Agricultural uses • Vacant land that has not previously been developed • Small business clusters that serve a rural population RESIDFNTIAI ASPS The predominant residential land use in the City of Corpus Christi is the single-family dwelling at a range of densities. Instead of a general residential catcgory, the Future Land Use Map for Plan CC designates thrcc density levels for single-family housing, duplexes, townhouses, and a separate land use category for multifamily development, and for mixed-use development, which can include housing. The purpose of this approach is to show multifamily housing locations. All residential categories also include schools, churches, and neighborhood -serving public uses. Where small enclaves of residential uses are surrounded by existing or planned light - industrial or intensive commercial uses, rezoning should not perpetuate or enlarge these enclaves. [Planning Commission] Single -Family • Low-density single family residential: up to 4 3 units per acre • Medium -density residential: 5 to 12 /I to 13 units per acre (including two-family dwellings) • High-density residential: more than 42 13 units per acre [Planning Commission] Multifamily • Multifamily development can range from small apartment buildings with three or four units and townhouse developments to large apartment buildings. • Smaller buildings of no more than three stories can coexist with neighborhoods of predominantly single-family housing, 46 preferably located at intersections or on collector streets. • Preferred locations for larger buildings include downtown and downtown -adjacent areas, locations within a walkable distance of urban village cores, and transportation and transit corridors. COiviiviEkCiAL USES Commercial land uses include retail and office uses that are typically open to the public at large. Other commercial uses, such as wholesale and distribution businesses, are included in the light industry category because they have similar impacts, such as high volumes of trucking. In Corpus Christi, 60 percent of retail development is located in the SH 358/South Padre Island Drive corridor. The concentration of retail and other commercial businesses in this corridor is unlikely to change, particularly because so much of it is located on frontage roads to the highway. The desired change is for redevelopment and transformation of this commercial area into higher -value and more attractive development with higher design standards. Schools, churches, and neighborhood -serving public uses can be included in commercial land use areas. Zoning can distinguish among different types of commercial development including: Neighborhood Commercial • Areas for neighborhood retail and services that meet the day-to-day needs of residents and workers of surrounding neighborhoods (typically within a 3 -mile radius) with a range of uses such as smaller grocery stores, banks, restaurants and services such as small professional and health offices, barber/beauty shops, dry cleaners, and so on. • These areas are accessible by automobile with sufficient parking, but also should be designed to accommodate pedestrian and bicycle access. General Commercial • Commercial areas serving a citywide or regional trade area, including shopping and entertainment centers that offer a range of retail and service establishments, including large supermarkets, department stores, NF q11.11 7115 movie theaters, big box stores, and supporting retail and professional services. • Office buildings or office uses on upper stories. • Leisure and entertainment uses. • General commercial areas are generally accessed by auto, but these properties should be designed to accommodate pedestrians and bicyclists, provide interior circulation between properties, and use appropriate landscaping to counter heat island and storm water -management impacts. INDUSTRIAL USES Most of the industrial uses within the city limits of Corpus Christi are light industrial; heavy industry is located in the ETJ industrial districts. Light Industrial • Light industrial and office uses, potentially in "business park" settings, and typically near major transportation routes and services including highways, railroads, and airport facilities. • Light industrial uses typically produce consumer or end-user goods, require limited amounts of raw materials and energy, and are small- to medium -scale in size. Examples include food processing, furniture manufacture, and consumer electronics. • Small- to medium-sized warehouse and distribution uses. • Urban agriculture to produce a mixture of foodstuffs for sale • Supporting uses, such as minor retail and services that support the major uses. Heavy Industrial • Heavy manufacturing and large warehousing and distribution facilities. • Heavy industry is capital -intensive and generally sells to other industries rather than to final consumers. • Uses that require significant truck traffic and/or • Supporting uses such as minor retail, services, and offices connected to the industrial use or serving an industrial park. • Certain public uses, such as landfills, that have an industrial character and impact. 47 TRANSITION -DISTRICTS TS Special 1-37 Transition District The Special 137 Transition District covers thc residential uscs wcst of thc alignmcnt of thc FiedAL Harbor Bridge and north of 137, such as Hillcrest and Dona Park. Located close to oil refineries and other industrial establishments, these neighborhoods have long been concerned about environmental pollution and contamination and have been losing population. The construction of 137 cut them off from neighborhoods to the south. The Transition District designation indicates that over time the residential uscs should I avc this relocate to another area [Planning Commission] and the designated land use rail connections. should become Tight industrial or a buffcr use (offices, supporting uses) within a hcoavy industrial district. The existing residential population includes both owner occupants and tenants, predominantly lowincome. The transition should takc placc over time within a framework that providcs fair compensation and assistance to residents in moving to other parts of the city. {Planning Commission} Special Aviation Transition District The Special Aviation Transition District is also a district for transition from residential to nonresidential uses, but for a different reason. NAS -CC and the City prepared and adopted a Joint Land Use Study (JLUS) in 2013 that called for land use changes to ensure compatibility with military and civilian aviation. For NAS -CC, this means avoiding residential land uses and other concentrations of people between the military installation and South Padre Island Drive. Implementing this recommendation of the JLUS is particularly important for NAS -CC, one of the most important employers in Corpus Christi. The federal government is expected to begin another evaluation of potential base closings in 2017, and efforts to implement the JLUS will help secure NAS in Corpus Christi. Like the 137 Transition District, the The Aviation Transition District is home to a low - and moderate income population of owner - occupants and tenants and the transition process is likely to take many years -4 process providing for fair compensation and assistancc should be put in place for this arcaa as well and could involvc reimbursement programs run by the Federal Aviation Administration. [Planning Commission] MIXED-USE AREAS Mixed-use centers, ranging from vibrant downtown environments to active urban villages, include residential, retail, and office uses. Mixed-use centers are pedestrian - friendly and provide concentrated population and activity centers that can support enhanced transit. The mixture can be vertical, with uses on different floors of a building, and horizontal, with different uses side by side, and include multifamily, townhouse, cottage and small -lot single-family residential, retail and services, offices, hotels and live/work structures. Buildings should be oriented to the street, with active ground -floor uses that provide easy pedestrian access. Parking should be located in the rear of the lot or to the side where lots are shallow, or in parking structures. Shared parking districts can make parking more efficient and benefit the entire district. Uses that require large amounts of trucking are not suitable for mixed-use areas. Churches, schools and public uses are included in mixed-use areas. Plan CC has one mixed-use land use designation that includes three types of mixed-use districts, which can be distinguished through zoning or overlay districts: • Downtown: Downtown is the largest center of pedestrian -oriented, mixed-use activity, with both vertical and horizontal mixture of uses, including housing, offices, ground -floor retail, services, restaurants and entertainment, cultural amenities, and so on. The mixture of uses creates a vibrant 18- to 24-hour, 7 -day -a -week live -work -play environment. • Urban Village: Urban Villages are medium- sized walkable centers that cover multiple blocks, include ground -floor stores and restaurants and upper -story offices, and typically have public transportation stops or stations. The types of stores, restaurants, 48 and other amenities serve residents in the surrounding neighborhood and attract people from other parts of the city. • Neighborhood Village: Neighborhood Villages are smaller, walkable, mixed-use villages that can be as small as a few blocks around an intersection. They primarily serve the surrounding neighborhoods with retail and services. • A "collegetown" is a type of Urban Village, with retail, services, entertainment, and (often) housing, that is oriented toward the needs of students and located near a university or college or student -oriented housing. INSTITUTIONAL Hospitals, colleges, universities, and similar institutions, whether public or private, are designated as separate land uses because of their campus -like character, which requires special attention to edges and relationships with adjacent areas. GOVERNMENT Government uses include federal, state, county, regional and municipal government facilities and installations, except for government-owned institutions. PERMANENT OPEN SPACE Parks and playgrounds, recreational fields and facilities, greenways, and other green areas managed for public access and recreation FLOOD PLAIN CONStKVA I ION Lands within the 100 -year flood plain, preferably preserved for environmental reasons. The flood plain conservation designation should be updated when new FEMA maps are adopted to better represent which lands are impacted by flooding. [Staff] TRANSPORTATION Airports, railroads, highway and interstate rights-of-way. PLHrvivCU LEVELOPMENT AREAS Planned development areas are lands that are currently undeveloped or underutilized but may be suitable in the future for a variety of uses, taking into account environmental and other constraints. Designated on Padre and Mustang islands and in the potential annexation areas, planned development areas are expected to require a rezoning tied to a master planning process or an Area Development Plan process 49 Future Land Use • Magill: Remove Plan CC 2035 Future Land Use Maps and keep the currently adopted Future Land Use Maps. {This change was not recommended by Planning Commission.} N 0 [Planning Commission: Designate the land around Ship Channel as Light and Heavy Industrial, matching the current adopted Future Land Use Map.] [Planning Commission: Reduce the Flood Plain Conservation area (revert to the area known as "Conservation/ Preservation" in the current adopted Future Land Use Map. This affects land mostly on the Laguna Madre and Oso Creek/Bay.] 50 fr legend on Page 50 recommended by the 0, Planning Commission. The changes will be fr reflected in the Legend on each of the Future fr Land Use Maps. See changes to the Future Land Use Map Downtown Future Land Use O 0 0.5 Miles FUTURE LAND USE Downtown Planning District =Mixed Use Agriculture/Rural Enterprise =Commercial =Government =Institutional ®Heavy Industrial Light Industrial Low -Density Single -Family Residential Medium -Density Single -Family Residential High -Density Single Family Residential =Multifamily Residential =Transition Aviation Special District Transition Special District Transportation Planned Development Permanent Open Space 51 Flood Plain Conservation Water 100 -Year Flood Plain 1::, City Limit Extraterritorial Jurisdiction D Planning District ^J Central Business District Proposed Harbor Bridge Alignment A A A A Westside Planning District , See changes to the Future Land Use Map legend on Page 50 recommended by the , Planning Commission. The changes will be reflected in the Legend on each of the Future , Land Use Maps. FUTURE LAND USE Westside Planning District Mixed Use Agriculture/Rural Enterprise =Commercial =Government =Institutional =Heavy Industrial MI Light Industrial Low -Density Single -Family Residential 52 Medium -Density Single -Family Residential High -Density Single Family Residential = Multifamily Residential =Transition Aviation Special District Transition Special District Transportation Planned Development Permanent Open Space V•ZWP.,11 !SI Flood Plain Conservation Water 100 -Year Flood Plain City Limit Extraterritorial Jurisdiction I= Planning District IM Central Business District = Proposed Harbor Bridge Alignment Midtown Planning District Future Land Use See changes to the Future Land Use Map r legend on Page 50 recommended by the Planning Commission. The changes will be reflected in the Legend on each of the Future Land Use Maps. 53 A Southside Planning District Future Land Use [Planning Commission: Reduce the Flood Plain Conservation area (revert to the area known as "Conservation/Preservation" in the current adopted Future Land Use Map. This affects land mostly on the Laguna Madre and Oso Creek/Bay.] P. 0011 ,. See changes to the Future Land Use Map legend on Page 50 recommended by the Planning Commission. The changes will be reflected in the Legend on each of the Future r Land Use Maps. 54 all ill :11 kl I Blil--1 Flour Blu,Planning District [McIntyre: Remove Turtle Cove neighborhood from the Transition Special Aviation District and designate as medium - density residential] n WOOLDRIDGE YORKTOWN BLVD [McIntyre: Designate properties along Laguna Shores Road as commercial/multifamily according to the current adopted Future Land Use Map rather than as Flood Plain Conservation (consistent with Planning Commission's Recommendation)] 0 0.5 1 1.5 Miles FUTURE LAND USE Flour Bluff Planning District • Mixed Use Agriculture/Rural Enterprise =Commercial I 1Government =Institutional =Heavy Industrial Light Industrial Low -Density i Snges �=Family Residential 55 Medium -Density Simile—Family Residential Multifaxxty High -Density Residential Transition Aviation Special District Transition Special District Transportation Planned Development Permanent Open Space Flood Plain Conservation Water 100 -Year Flood Plain r� City Limit Extraterritorial Jurisdiction = Planning District ^J Central Business District Proposed Harbor Bridge Alignment [Planning Commission: Better distinguish Flood Plain Conservation from Permanent Open Space Padre/Mustang Planning District Future Land Use PC: Add missing land masses and designate as medium -density residential PC: Change to Planned Development PC: Change to Planned Development PC: Change to Planned Development PC: Change golf course property to Permanent Open Space • PC : Change to Mixed Use PC: Change to Mixed Use PC: Change to Planned Development PC: Change to Planned Development PC: Change Cape Summer to Planned Development n Staff: Change the left out parcels in the Jones Tract to Planned Development 0 0.5 1 1.5 Miles FUTURE LAND USE Padre Island/ Mustang Island Planning District Mixed Use Agriculture/Rural Enterprise =Commercial =Government =Institutional =Heavy Industrial IIS Light Industrial Low -Density Single -Family Residential Medium -Density Single-Fami y Residential High -Density Single Family Residential = Multifamily Residential =Transition Aviation Special District Transition Special District Transportation Planned Development Permanent Open Space See changes to the Future Land Use Map legend on Page 50 recommended by the Planning Commission. The changes will be reflected in the Legend on each of the Future Land Use Maps. 56 Flood Plain Conservation Water 100 -Year Flood Plain I, City Limit Extraterritorial Jurisdiction MI Planning District ^J Central Business District Proposed Harbor Bridge Alignment CC Airport Planning District Future Land Use [Staff: Change to Light Industrial] �pR �RO See changes to the Future Land Use Map legend on Page 50 recommended by the Planning Commission. The changes will be reflected in the Legend on each of the Future Land Use Maps. 57 all tU :11 kl I B1i1--1 r See changes to the Future Land Use Map legend on Page 50 recommended by the Planning Commission. The changes will be reflected in the Legend on each of the Future Land Use Maps. • A A Northwest Planning District Future Land Use 58 all tU :11 kl 19111` Chapman Ranch Planning District Future Land Use c d a O J E See changes to the Future Land Use Map legend on Page 50 recommended by the Planning Commission. The changes will be reflected in the Legend on each of the Future Land Use Maps. 59 1 Flood Plain Conservation Water 100 -Year Flood Plain I: aCity Limit Extraterritorial Jurisdiction Q Planning District IM Central Business District Proposed Harbor Bridge Alignment all U :11 kl 1 B1ii� This is a placeholder for the draft FEMA maps. 60 Element 9 Stewardship and Implementation of the Plan This element focuses on implementation of the plan and has two sections. The first focuses on how to make Plan -CC a "living" plan that is used, implemented, monitored and -regularly updated, including organizational and incentive -strategies to advance implementation. The second section} Although there is more focus on actions goals that the City of Corpus Christi government can take to implcmcnt the plan accomplish, many actions goals will also need the participation of private -sector partners. [Staff] Goals andPolicies Strategies GALS FOR DECISION MAKERS 1. A new, long-range planning system is in place. 1 Establish a comprehensive plan system based on a twenty-year time horizon. 2. Require that Area Development Plans and Specific 3. Plans reflect the vision and goals of the overall comprehensive plan. 4. Amend planning ordinances to reflect the new type of comprehensive planning system. 2. The comprehensive plan, area development plans, utility and transportation master plans are -is subject to regular public review of progress. [McIntyre] 1. Establish publicreviewof progress in implementing the plan. 2. Review and update the plan on an annual basis, identifying short-, medium-, and long-term goals with specific objectives. [Planning Commission]. 3. A new Planning Department is in place. 1. Give the Planning Department a proactive role in coordinating initiatives to implement comprehensive and other plans. 4. The City has enhanced and new tools to implement the plan. 1 Make City programs and resources consistent with implementation of Plan CC. 2. Use incentives strategically to create a critical mass of improvements in designated areas. 5. Implementation of the comprehensive plan is incorporated in decision- making at multiple levels. 6. The City has expanded funding options to achieve the goals. 1. Use the plan in preparing and approving other planning and implementation activities by City agencies. 1. Use the funding approach that fits the goal. 2. Consider new revenue strategies to meet capital and operational needs in the future. [Staff] 3. Build relationshipswithgovernment fund ersand philanthropies. 4. Actively pursue grants to assist in implementation of the comprehensive plan. [McIntyre] 61 Plan CC Comprehensive Plan to, PLAN CC COP YE PLAN CITY OF CORPUS CHRISTI, TEXAS 1 SEPTEMBER 2016 Plan CC Comprehensive Plan PLAN COMPR EHENSIVZ PIAN CITY OF CORPUS CHRISTI, TEXAS I ADOPTED XXXX 2016 PLAN CC . CDMPREHENSJVE PLAN Acknowledegments ■ Corpus Christi City Council ■ Corpus Christi Planning Commission & Subcommittee ■ Plan CC Citizens Advisory Committee ■ Mayor Nelda Martinez ■ City staff members THANK YOU to the residents, neighborhood and business leaders, community advocates, and stakeholders who participated in creating this Comprehensive Plan by attending public meetings and engaging with one another, by sharing your experience and knowledge of Corpus Christi in interviews and meetings with the planning team, and by expressing your commitment to Corpus Christi's future. Everyone can be part of putting this plan into action! PLAN CC CONSULTANT TEAM > Goody Clancy, prime consultant > Stantec Urban Group, technical lead > Peter Kwass Consulting, economic development > W-ZHA, commercial market analysis > Zimmerman/Volk Associates, housing market potential > TischlerBise, cost -of -services analysis > Kailo Communications Studio, public outreach Ordinance adopting a new comprehensive plan for the City of Corpus Christi titled "Plan CC Comprehensive Plan" and providing for a repealer clause and publication. WHEREAS, the City of Corpus Christi, Texas ("City"), engaged in a two- year process of developing a twenty-first century comprehensive plan, titled Plan CC Comprehensive Plan ("Plan CC"), which includes policies to guide the physical and economic growth of the City and its extra -territorial jurisdiction and replaces policies adopted in 1987; WHEREAS, the City invited the public to workshops to give input and help develop a 20 -year vision for Corpus Christi; and where the City used this input to develop the vision and principles element of Plan CC; WHEREAS, City Staff provided guidance and assistance throughout the process and coordinated with various community agencies; WHEREAS, the City invited community members representing a variety of interests to participate in a Citizens' Advisory Committee to provide early input on the development of Plan CC and to review the draft document; WHEREAS, numerous citizens and community organizations have stud- ied Plan CC and presented their written or verbal recommendations for consid- eration; WHEREAS, the Planning Commission, from time to time, may recom- mend amendments to Plan CC and the City Council may approve amendments consistent with the requirements of the City Charter; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendations regarding Plan CC; WHEREAS, with proper notice to the public, public hearings on Plan CC were held on Wednesday, August 12, 2015, and May 18, 2016, during regular meetings of the Planning Commission, and on Tuesday, October 13, 2015, and September 20, 2016, during regular meetings of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that Plan CC would pro- mote sound development of the City and promote the public health, safety, and welfare of its citizens. PLAN CC COMPREHENSIVE PLAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. It is the public interest to adopt Plan CC Comprehensive Plan ("Plan CC"), a new 20 -year comprehensive plan, as a guide for the physical and economic growth of the City and its extra -territorial jurisdiction, said docu- ment being attached hereto and labeled Exhibit A. SECTION 2. The City shall use Plan CC as a guideline to facilitate Area De- velopment Plans, service Master Plans and other plans that the City considers necessary for systematic growth and development. SECTION 3. In accordance with Article V, Section 5 of the City's Charter, all City improvements, ordinances and regulations, shall be consistent with Plan CC. In the case of a proposed deviation to the adopted plan, or any element or portion thereof, the planning commission shall communicate its recommenda- tions to the council, which may approve or disapprove such deviation. SECTION 4. The City shall use Plan CC to establish codes and ordinances, as the City Council deems necessary, to promote the sound development of the City and to provide for public health, safety, and welfare of its citizens. SECTION 5. The City Council declares that Plan CC shall NOT: (1) Constitute zoning regulations or establish zoning district boundaries, (2) Constitute an enforceable regulation upon any person, (3) Constitute cause to deny a plat or the development of land, (4) Restrict the City from preparing plans, policies, or strategies, (5) Obligate the City to provide any program or regulate any activity, (6) Restrict the right of the City to adopt any ordinance not related to the development of land, (7) Create any cause of action against the City or any City official, em- ployee, or agent, (8) Constitute a defense to the prosecution of any crime, or (9) Supersede Federal or State requirements. SECTION 6. City Staff, Planning Commission, and City Council shall review and amend Plan CC, if necessary, at least every five years. SECTION 7. All ordinances or parts of ordinances that are in conflict with this ordinance are hereby expressly repealed and the document titled "City 4.ULAN CC COMPREHENSIVE PLAN of Corpus Christi Policy Statements: An Element of the Comprehensive Plan," an element of the comprehensive plan adopted by Ordinance 19865 in 1987, is repealed. SECTION 8. Publication shall be made in the City's official publication as re- quired 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 follow- ing 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 Nelda Martinez City Secretary Mayor PLAN CC COMPREHENSIVE PLAN IZLAN CC COMPREHENSIVE PLAN Contents Introduction, Vision & Principles A VISION AND GUIDING PRINCIPLES FOR CORPUS CHRISTI'S FUTURE • Introduction 9 • Legal Effect of the Comprehensive Plan 9 • Amending the Comprehensive Plan 12 • Our Vision 13 • The Principles 15 • Public Outreach and Input 16 • Clarification to the Reader, Terms 22 Element GREEN AND BLUE: NATURAL SYSTEMS, PARKS & RECREATIOP • Vision 24 • Goals and Policies 25 Element 2 "-NCE AND RESOURCE EFFICIENCY • Vision • Goals and Policies Element 3 HOUSING AND NEIGHBORHOODS • Vision • Goals and Policies Element 4 DIVERSIFYING THE ECONOMY AND STRENGTHENING THE WORKFORCE • Vision • Goals and Policies Element 5 GETTING FROM HERE TO THERE: TRANSPORTATION ANp MALRILITY • Vision 28 29 31 32 35 36 40 • Goals and Policies 41 Element 6 'NITI :NrIVAS I RUCTURE FACILITIEA' • Vision • Goals and Policies 44 45 Element 7 FUTURE LAND USE, ZONING, AND URBAN DESIGN • Vision 49 • Goals and Policies 50 • Map: Planning Districts 53 • Map: Existing Land Use 54 PLAN CC COMPREHENSIVE PLAN Contents • Future Land Use Categories Explanation 55 • Map: Citywide Future Land Use 58 • Maps: Future Land Use by Planning District A. Downtown Planning District Future Land Use 59 B. Westside Planning District Future Land Use 60 C. Midtown Planning District Future Land Use 61 D. Southside Planning District Future Land Use 62 E. Flour Bluff Planning District Future Land Use 63 F. Padre/Mustang Planning District Future Land Use 64 G. CC Airport Planning District Future Land Use 65 H. Northwest Planning District Future Land Use 66 I. Chapman Ranch Planning District Future Land Use 67 • Map: Draft FEMA Maps 68 Element 8 STEWARDSHIP AND IMPLEMENTATION OF THE PLAN • Goals and Policies 8 1 PLAN CC COMPREHENSIVE PLAN • 70 A Vision and Guiding Principles for Corpus Christi's Future Corpus Christi stands poised for a once -in -a -generation opportunity for transformative growth. The city has long experience with the booms and busts characteristic of the energy economy. Recently, the city has enjoyed the benefits of positive growth. For the future, Corpus Christians want to establish long-term, sustainable economic growth and enhance quality of life for everyone. PLAN CC COMPREHENSIVE PLAN Introduction In the City Charter, the City Council established comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) of the City to assure the most appropriate and beneficial use ofland, water and other natural resources consistent with the public interest. Plan CC is a new kind of comprehensive plan for Corpus Christi. It has a 20 -year time horizon and includes a vision for the future and goals and strategies for an integrated series of elements that affect decision-making about the physical development of the city. The plan provides direction for the city as a whole and will be followed by area development plans, utility master plans, and, as needed, specific plans (such as neighborhood -level or street corridor plans) that provide more detailed direction for specific parts of the city while reflecting the overall vision and goals of the citywide plan. (See the exhibit on the following page detailing the organization of plans.) As these various plans are created or updated, they shall be harmonized with each other and shall always incorporate best practices. This comprehensive plan is not a prediction of what will happen in the next 20 years, nor is it a projection into the future. It is a plan. It is designed to guide the city to take advantage of opportunities, invest in the future, and make choices that result in higher quality of life and a more diversified economy. The Legal Effect of the Comprehensive Plan The comprehensive plan contains broadly stated goals and policies that can be implemented in several different ways, whether by adopting or amending ordinances, policies or programs. The comprehensive plan's goals and policies themselves are ideas to work towards rather than law. While the City's charter requires that all city improvements, ordinances and regulations be consistent with the comprehensive plan, the comprehensive plan alone is not an enforceable regulation. It does not justify the denial of a plat or the development ofland. The comprehensive plan does not obligate the City to provide any program or regulate any activity. While the comprehensive plan is consulted when making decisions about rezonings, it does not establish zoning district boundaries or create zoning regulations, which would require an independent public hearing process. The comprehensive plan does not restrict the City from preparing plans, policies, or strategies. It does not restrict the right of the City to adopt any ordinance not related to the development of land. It does not create any cause of action against the City or any City official, employee, or agent. It does not constitute a defense to the prosecution of any crime. Finally, the comprehensive plan does not supersede Federal or State requirements. PLAN CC COMPREHENSIVE PLAN Comprehensive Plan Plan CC (Vision/Principles/Goals/Strategies) Implementation Plan (Prioritized Action Items) Background Information (Findings/Challenges & Other Helpful Information) Area Development Plans (ADPs) I Northwest ADP CC Airport ADP Westside ADP v Downtown ADP Midtown ADP Southside ADP Master Plans Wastewater Master Plan Water Master Plan Storm Water Master Plan Park and Recreation Master Plan Airport Master Plan Capital Improvement Plan v Flour Bluff ADP Padre/Mustang Island ADP Chapman Ranch ADP Transportation Plan ("MobilityCC") • Urban Transportation Plan Map • HikeBikeCC • ADA Master Plan Specific Plans Oso Parkway Plan Joint Land Use Study Erosion Response Plan PLAN CC COMPREHENSIVE PLAN1 m� Implementation According to the City Charter, the comprehensive plan shall be implemented, in part, by the adoption and enforcement of appropriate land development regulations and other ordinances, policies and programs. Following adoption of the Plan CC, City staffwill develop an Implementation Plan containing more specific ideas about how the community can implement Plan CC. While the Comprehensive Plan only contains overarching goals and strategies to set the city on a path forward, the Implementation Plan will include actionable items that can incrementally help achieve Plan CC's goals while also prioritizing the actions and identifying which department of the City and/or partnering community organization is responsible for the action item. As is common practice, City staff will also evaluate whether or not the City's land development and municipal codes need to be updated to align with the goals of Plan CC. The community expects that the strategies of Plan CC and actions identified to implement the plan will be further evaluated by City staff' and officials for cost- effectiveness and feasibility prior to any actions being taken. Adopting or updating the City codes, policies, and programs needed to implement Plan CC must be done publicly with opportunity for public input. Specifically, in order to adopt or amend zoning regulations, State law requires the City to hold a public hearing before the Planning Commission and another before the City Council with public notice in the newspaper. Prior to public hearings, the City often if not always solicits input from stakeholders. In all cases, changes to policies, programs and codes are discussed publicly with opportunity for public input. Amending the Comprehensive Plan The comprehensive plan is recommended for update and review every five years to ensure it is a current and effective document - a living document. However, the comprehensive plan can be amended at any time and as needed. Any member of the public or City staff can propose a change to the comprehensive plan at any time. In the case of a proposed deviation or change to the adopted plan, the Planning Commission shall communicate its recommendations to the City Council which may approve or disapprove such deviation or change. A change to the comprehensive plan requires a public hearing before both the Planning Commission and the City Council according to the City Charter. 11PLAN CC COMPREHENSIVE PLAN The Vision for 2035 and Guiding Principles Developing a vision statement is an essential early step in creating a comprehensive plan. Vision statements and accompanying principles focus attention on a community's values, sense of identity, and aspirations. The vision statement tells a story and paints a picture of an ideal future in 2035. The principles are based on precepts that are important for guiding the comprehensive plan itself and its implementation. In public meetings around the city, interviews, and website commentary, citizens articulated their desires and hopes for an ideal future. The experience of creating the Plan CC vision and principles showed that citizens from different parts of the city and from all walks of life share many values and hopes about the kind of future they want for Corpus Christi. PLAN CC COMPREHENSIVE PLAN1 In 2035... Corpus Christi is a thriving community with a strong, diversified econ- omy, a high quality of life for individuals and families throughout the city, and a well -protected environment of natural beauty. Our unique combination of Gulf Coast bay and beach attractions, vibrant cultural life, economic opportunity, and a variety of housing choices supports long-established families and makes Corpus Christi a magnet for young professionals, entrepreneurs, retirees and visitors to the most distinctive destination on the Texas Gulf Coast. > Our broadly diversified economy provides opportunity for all. While the port, the oil and gas industry, the military bases, and tourism continue as important mainstays of our economy, new sectors are thriving through entrepreneurial start-ups, technology spin-offs from university research, and expanded ecotourism. Our skilled workforce results from a commitment to a strong culture of educational achievement, from pre-school to grad school. Graduates of TAMU-CC and Del Mar College find jobs in Corpus Christi that allow them to stay, grow, and enjoy urban amenities in a Gulf Coast lifestyle. > Modernized city services and systems support growth and vitality in all parts of the city. City services, infrastructure, and utility systems—including streets, drinking water supply, wastewater, storm water management, and emergency response services—have been modernized over the last 20 years to ensure that the city can support and maintain urban and industrial growth, employing best practices in a cost-efficient manner. > High-quality, safe, connected, and diverse neighborhoods provide a variety of living choices. Corpus Christi's growth has promoted a connected sense of place; revitalized downtown and older parts of the city; created mixed-use centers in key commercial districts resulting in live - work -play neighborhoods; and established new neighborhoods in the south side and northwest areas. Neighborhoods provide housing affordable at every income level for diverse households, the workforce, young and old—singles, couples, families with children, empty nesters, and retirees. People can get around the city by multiple modes of transportation—connected networks of good streets and sidewalks, safe bicycle routes, and excellent public transportation. > Stewardship of our natural heritage and green -space networks strengthens our unique character and supports resilience. As the major South Texas city on the Gulf of Mexico, our city offers a distinctive combination of an important port, city and island beach attractions and entertainment, greenways and parks, boating and fishing opportunities, and nature experiences. Good stewardship of natural assets and resources reduces our vulnerability to coastal hazards, and enhances our resilience, preserves resources, reduces our impact on the environment, and keeps our city in attainment of air quality standards. We work to understand and preserve our natural heritage because it is at the foundation of our way of life and our economy. Corpus Christi in 2035 is a unique place to live, work, study and play—prosperous and full of opportunity, well-run and welcoming, livable and affordable, a lively urban center and a waterside playground—one of the most enterprising and forward-looking cities in Texas. Corpus Christi in 2035 is a unique place to live, work, study and play—prosperous and full of opportunity, well-run and welcoming, livable and affordable, a lively urban center and a waterside playground—one of the most enterprising and forward-looking cities in Texas. 1PLAN CC COMPREHENSIVE PLAN In order to achieve the vision, we as a community need to: Be strategic. Strategically integrate public physical, economic, and social investments to leverage private investment and grants in order to create critical mass that supports enhanced choices in housing, transportation, retail and services. This critical mass will then stimulate self- sustaining activities. Be cost-effective. Establish cost- effective best practices and systems to support ongoing city services and infrastructure. ACTION PLAN Act transparently. Promote civic engagement and keep everyone with a stake in the city's future informed about community condi- tions, options, and opportunities to participate in decision making. Be accountable. Establish action plans with time lines and responsible parties, as well as systems for regular public review of the implementation of the comprehensive plan. Pursue goals through partnerships. City government alone cannot implement the comprehensive plan. Collaborative partnerships with regional groups, agencies, businesses, institutions, nonprofits, and citizens are critical to effective implementation. Be business -friendly. Establish a climate that attracts new industries and supports business growth and entrepreneurship as well as streamlined regulations that also protect environmental resources and quality of life. Pursue high-quality development. Make public investments a model of excellent design and function and explore having design standards for private development that result in well-designed connected neighborhoods and built environments. Consistent application of clear standards will make the city more attractive for people who live here now and attract new residents. Promote good health. Create policies and physical conditions dr that promote healthy lifestyles in Corpus Christi through easy access to physical activity, healthy food, and health care. Prepare students for good jobs by keeping the focus on educational achievement. 21st - century jobs increasingly require a post -secondary education, like associate's or bachelor's degrees or a technical credential. A skilled and well-educated workforce will attract new investment. Support diversity. Establish policies and strategies that support physical, social and economic diversity in individuals, households, business, and living conditions. These will strengthen the city's ability to attract and retain people throughout the life cycle and across the income range and to create environments that support enterprises of all kinds—from micro -businesses and start-ups to major industries. OTLCI 1 I J [1r/ PROPERTY 1y Enforce codes. Codes are adopted for the purposes of being enforced. Enforcing codes for buildings in disrepair, litter and maintenance, among other things, will help to improve the image of Corpus Christi and will help instill city pride. Respect private property rights. The City has obligations to many stakeholders to manage development in an orderly fashion for the benefit of the community as a whole and for the environment. However, the City understands an obligation, in compliance with applicable law or regulation, to support private property rights. PLAN CC COMPREHENSIVE PLAN1 Public Outreach The Purpose Of Community Engagement Effective master plans are rooted in an understanding of the values, aspirations and concerns of the communities whose future they are intended to guide. Plan CC incorporated a variety of outreach techniques and activities, allowing residents and other stakeholders to participate in ways that worked best for them. Residents provided feedback to the planning team by participating in citywide and district meetings, and contributing comments online through the project website. Some participated in advisory and working groups. The planning team used the community's feedback and guidance to shape all aspects of the plan, from creating the Vision and Principles that reflected the aspirations of the community to the strategies and actions needed to achieve that vision. Outreach by the Numbers Stakeholder Interviews - 80 (including 20 City staff) Working Group Meetings - 8 meetings Citizen Advisory Committee Meetings - 6 Public Meetings/Open Houses -17 total meetings Attendance at Public Meetings/Open Houses - 494 attendees Online Forum -175 participants Public Comments -169 total public comments 98 comments submitted on the first draft (the May draft). 38 comments submitted on the second draft (the July draft) 18 comments made at August 12, 2014 Planning Commission public hearing 15 comments made at October 13, 2014 City Council public hearing. Committee Structure Several committees made up of knowledgeable people from the public, private and nonprofit sectors, including neighborhood representatives, worked with the planning team to provide guidance throughout the planning process. 1. Citizen Advisory Committee (CAC) Over 70 residents and stakeholders representing a broad array of neighborhoods and interests were invited to be members of the CAC. The purpose of the CAC was to ensure the plan would be grounded in the aspirations and values of the people of Corpus Christi. The CAC's participation was focused on suggestions for attracting public participation; review, discussion, and comment on the Vision and Principles; review and discussion of directions for the land use plan; and review and comment on the entire draft plan. Invited members who did not attend and did not specifically ask to be taken off the membership list remained on the list and were sent all communications, including draft plan documents. Everyone on the CAC membership list was able to comment on the plan whether or not they attended meetings. The CAC met six times. 1PLAN CC COMPREHENSIVE PLAN 2. Working Groups Four Working Groups were organized by broad topic areas to review and discuss the planning team's early drafts of plan elements. Members of the Working Groups included relevant City staff, members of the CAC, and others from the public or private sector who were particularly knowledgeable about the topic areas. Each Working Group met two times, first, to review and comment on initial goals, policies and strategies, and second, to review draft plan elements with more detailed content. There were four Working Groups: • Transportation and Infrastructure • Housing and Neighborhoods • Parks, Open Space, and Resilience • Economic Development Public Outreach 1. Website A website, www.plancc2035.com, provided information on the project and the associated Downtown Area Development Plan project, including a calendar and a library of plan documents and resources. An online forum where residents could submit ideas/comments and react to questions posed by the planning team had 175 participants. 2. Library Information Hubs Information on the plan, including the draft plan for public review, was deposited in public libraries for consultation by members of the public. 3. Media and Community Outreach In advance of the district meetings, open houses, and citywide forums, the team used a variety of methods to get the word out and encourage participation, including: • Radio advertisements • Print and digital advertisements • News releases • Radio and TV interviews • E -blasts • Social media: Facebook, Twitter, digital calendars • Promotional posters and flyers distributed through senior centers, businesses, and other locations • Notice in utility bills • 16 organizations and businesses as promotional partners, including the PTA • 60 church congregations as promotional partners • Distribution of promotional materials at city and community events 4. Interviews and Meetings The planning team interviewed approximately 80 people from the public and private sector as part of the outreach and research process. PLAN CC COMPREHENSIVE PLAN1 5. Plan CC Month June 2014 launched the community engagement component of the Plan CC process with seven district meetings across the city. The kick-off month culminated in a citywide Vision Forum on June 28, 2014. More than 200 residents participated during the month, and their combined input provided the foundation for the plan's vision and strategies. DISTRICT MEETINGS Overview Seven workshops, distributed based on the city's voting districts, took place across the city. Residents were encouraged to come to any of them and to as many as they wanted to attend. Approximately 80 residents attended. The meetings took place as follows: • June 9, 2014 > District 1/East at the Oveal Williams Senior Center > District 1/West at the Northwest Senior Center • June 10, 2014 > District 4/East at the Ethel Eyerly Center > District 4/East at the Garden Senior Center • June 12, 2014: District 5 at Galilean Lutheran Church • June 23, 2014: District 3 at SS Cyril And Methodious Catholic Church • June 24, 2014: District 2 at the Broadmoor Senior Center What happened at the meetings • Each workshop began with a brief presentation explaining why there is a need for a new comprehensive plan; the important role of community participation; positive and challenging trends in Corpus Christi today; and current conditions within each district. The fact that most Area Development Plans (ADPs) are outdated was addressed, and the planning team explained that the comprehensive plan would guide creation of new ADPs to provide more detailed guidance for specific areas. • After the presentation, residents worked in small groups at each table. They wrote future headlines for what the big story in their neighborhoods would be in 20 years. Examples include "Corpus Christi Reclaims Title Of `Texas Riviera;"' and "Streets...Done." 1PLAN CC COMPREHENSIVE PLAN • Following the headline exercise, residents discussed strengths and challenges within their community. These were identified on large table maps and then organized on worksheets into categories: 1. Housing & Residential Areas 2. Commercial & Industrial Areas 3. Transportation, Infrastructure, & Public Services 4. Environmental & Parks • The participants discussed challenges and strengths at a district level and specific to certain neighborhoods, but many themes emerged that revealed similarities across the city. Common strengths included the city's history and historical character; increasing economic growth and job opportunities; the schools; reasonable housing costs; the bus system; and the physical environment. The most common challenges across districts focused on issues related to the poor condition of infrastructure, with an emphasis on street conditions and storm water/flooding problems. Other common challenges included a lack of well -paying jobs; poor maintenance of the park system; not enough bus routes and infrequent schedules; lack of affordable housing; and a need for higher - quality retail options. CITYWIDE VISION FORUM Overview On Saturday, June 28, 2014, approximately 120 residents from a broad range of backgrounds and neighborhoods came together at the American Bank Convention Center for a four-hour community visioning forum. The Vision Forum: • Provided a place for people who live and work in the city to meet and exchange ideas about their community. • Provided an opportunity for structured conversation to identify the community's assets—the best things about Corpus Christi—and challenges. This discussion focused attention on assets that the community can build on as well as problems that need solving. • Gave residents a chance to think about their personal vision for Corpus Christi's future and to share that personal vision with participants at their discussion table. • Offered a chance for residents to work together on a common set of priority elements that should be a part of a 20 -year vision and statement of principles. What happened at the Forum • Registration and exhibits. Participants registered as they came in and were asked to indicate on a map where they lived or worked. Each participant received a folder containing a handout giving an overview of the entire comprehensive plan project; a handout with selected data on current conditions in the city related to issues such as demographics, land use, economic development, and transportation; and several worksheets for individual use during the Forum activities. Residents had the opportunity to view exhibits of analytical maps across the back of the conference hall. PLAN CC COMPREHENSIVE PLAN • Keypad polling. To further engage the participants, keypad polling technology was used to gain real-time information on who was in the room, input on neighborhood conditions, and preferences for housing types, retail choices, and other neighborhood amenities. An immediate result of this instant polling exercise identified that the participants favored a diverse set of choices in both housing and neighborhood preferences. Some of the polling results appear beginning on page 2.8. • Small group activities. Participants were randomly seated at tables to maximize the opportunity for people who did not know each other to talk to one another. Each table had a base map of the city, as well as a few worksheets. Participants were first asked to list on one of the individual worksheets the things that they felt represented the best of Corpus Christi and to list the things that presented the most challenges. They also identified places that fit into those two categories on the basemap, using blue for the "best" and red for the "challenges." Participants then shared and discussed their individual lists. Participants were then asked to develop the elements of an overall 20 -year vision and a statement of principles to guide the plan. First, participants wrote a personal vision for Corpus Christi. After sharing their visions with the people around the table, each group drew up a list on the map of all the elements of the personal visions that everyone could support. Finally, each participant used five dots to choose his or her top priorities among the list of elements. The top five priorities were then transferred to a worksheet, representing the joint work of all the people at each table. People responded with a powerful outpouring of ideas, thoughts, challenges, inspirations, and insights. Facilitators, both members of the planning team and trained facilitators from the community, assisted the participants at each table. Many rich and thoughtful conversations took place. Through their discussions, participants' revealed the values that are important to them, such as the physical environment, education, a diverse range of job opportunities, and the history and culture of Corpus Christi. At the end of the meeting, a volunteer from each table reported back to the entire group on the priorities recorded at each table, giving the flavor of the table discussion. Results • The Best and Challenges. In prioritizing what is best about Corpus Christi, the Bayfront, water, beaches, estuaries, and other aspects of the physical environment consistently ranked highest. These were followed by the city's downtown, a growing economy, cultural centers including the museum, and the institutions of higher education located in Corpus Christi. Challenges that consistently ranked high included issues with city infrastructure and services (street and streetscape conditions, sewer, water, park maintenance), traffic congestion, neighborhood blight, resident health issues, and schools (which also appeared as a strength on many lists). • Personal vision statements. The personal vision statements in many respects reflected the preferences and concerns expressed in the lists of the best things about Corpus Christi and the challenges facing the city While some participants were more eloquent than others, most people wanted the city in 20 years to: > Build on the economic and population growth taking place > Have stronger neighborhoods with less blight > Have a vibrant and thriving downtown > Be healthier > Maintain and protect the water and physical environment > Improve existing green spaces; expand and create new trails and greenspace networks > Improve schools and graduation rates > Diversify job opportunities • Top priorities. After sharing their personal visions and discussing common elements, the participants around each table then focused on identifying the top five priorities for the city. 1PLAN CC COMPREHENSIVE PLAN 6. Scenario Open Houses Eight open houses were held around the city in November 2014 to elicit community response to three different growth scenarios in Corpus Christi. Attendance at open houses totaled to 216. 7. Citywide Forum Presenting Draft Plan CC A Citywide Forum to unveil the draft plan and to solicit feedback was held on May 9, 2015. Attendance totaled 78. 8. Public Review and Adoption The Citywide Forum initiated the public comment period. Two public comment periods were held. The first public comment period was from May 9 - June 12, 2014, for comments on the first draft of the plan, also known as the "May Draft." The first draft of the plan was about 250 pages and the content included goals, policies, actions and strategies. The draft plan was reduced in content and revised in July 2014. The content of the second draft was reduced to the goals and policies with the actions and strategies being eliminated. A second public comment period was held from July 6 - July 20, 2014, on the second draft of the plan, also known as the "July Draft." Public hearings were held before the Planning Commission on August 12, 2015, and before the City Council on October 13, 2015. The City Council requested the plan be reviewed again by the Planning Commission with consideration of comments submitted by City Council members. A final round of public hearings were held before the Planning Commission on May 18, 2016, and before the City Council on September 13, 2016. PLAN CC COMPREHENSIVE PLAN I Clarification to the Reader: The terms "support," "promote," "coordinate," "encourage," and "explore" used throughout this document do not commit the City to providing financial or human resources. Support: To give assistance to, financially or non -financially. Promote: To further the progress of something, especially a cause, venture, or aim. Coordinate: To bring the different elements of a complex activity or organization into a relationship that will ensure efficiency or harmony. Encourage: To help or stimulate an activity, state, or view to develop. Explore: To inquire into or discuss (a subject or issue) in detail. PLAN CC COMPREHENSIVE PLAN Green and Blue: Natural Systems, Parks 8( Recreation Natural Systems, Parks & Recreation focuses on the protection and enhancement of natural areas and parks with goals to enhance water quality, preserve natural areas, maintain green corridors, improve green infrastructure and expand public access to diverse, high quality recreation opportunities. PLAN CC COMPREHENSIVE PLAN.' Element 1- Natural Systems, Parks & Recreation Plan CC's Vision for 4 L ' L Stewardship of our natural heritage and greenspace networks strengthens our unique character and supports resilience. As the major South Texas city on the Gulf of Mexico, our city offers a distinctive combination of an important port, city and island beach attractions and entertainment, greenways and parks, boating and fishing opportunities, and nature experiences. Good stewardship of natural assets reduces our vulnerability to coastal environmental hazards and enhances our resilience. We work to understand and preserve our natural heritage because it is at the foundation of our way of life and our economy. 24 I PLAN CC COMPREHENSIVE PLAN Goals and Strategies IIC •L1 Element 1- Natural Systems, Parks & Recreation Natural S stems 1. Corpus Christi Bay, the Nueces River, Oso Bay, Oso Creek, and other water resources meet or exceed federal and state quality standards, provide environmentally healthy aquatic and wetland habitat, and meet EPA water quality standards for their specific designated uses. 2. Wetland areas are protected or effectively replaced so that there is no net loss of wetlands. 3. Important natural areas are preserved and protected as usable habitat networks with ecological integrity. 4. The city has a network of green corridors including Oso Creek, drainage ways, medians and street trees, parks, and urban wilds to enhance connections for birds and other wildlife. 5. Natural barrier -beach environments are protected. 6. Corpus Christi has reduced air pollution. 1. 2. 3. 4. 5. Support initiatives to ensure that water quality at public beaches on the bayand on Padre and Mustang Islands is safe for swimming. Supportinitiativestoimprovewaterqualitysothataquaticlife can thrive throughout the city's natural water bodies. Continuetosupportprogramstomanagethebalance offresh and salt water in the estuary. Promote preservation of watersheds and environmentally sensitive land and water using public funds or incentives to developers. Promote preservation of land around creeks and drainage corridorstoachieveagreen networkofinterconnected parks, multi -use paths, passive and active recreational spaces, and conservation land. 1. Support initiatives to preserve wetlands in the estuary. 2. Support creation of a wetlands mitigation bank, if feasible 1. Support initiatives for preservation of bird rookeries and similar critical habitat sites. 2. Continue to support and protect nature preserves. 3. Support ecotourism as a way to encourage and fund preservation of the natural environmentand wildlife habitat. 1. Give priority to natural, green drainage systems for storm water management. 2. Give prioritytostrengthening the green characterofexisting open spaces. 3. Continue to protect the Oso Creek corridor through implementation of the adopted Oso Parkway Plan. 4. Coordinate storm water management with trails and green network projects. 1. Support continued enforcement of regulations that protect barrier beaches. 1. To reduce airpollution,theCityshouldencouragealternative modes of travel. 2. Support policies to reduce airborne dust. 3. Encourage industrial areas to eliminate industrial odors. PLAN CC COMPREHENSIVE PLAN25 Element 1- Natural Systems, Parks & Recreation GOALS 1 STRATEGIES FOR DECISION MAKE Natural Shade w 6. Native and other trees adapted to 1. the environment provide shade along major streets and in parks and other public spaces. 2. 3. Promote tree preservation and tree planting on public spaces and major corridors. Support creation of "adopt a tree" programs. Give priority to diverse native tree planting along major corridorsandotherpublicspaces,withsufficientshort-term irrigation toestablishtrees for long-term,drought-tolerant survival. Open Space, Parks and Recreation 7. Corpus Christi has a network of attractive, safe, and well-maintained parks that provide shade and other amenities, are well -used by the public, and meet the diverse needs of the population. 8. Parks, beaches, recreational areas, and other green public spaces are of high quality and are well-maintained. 9. Corpus Christi offers residents an array of opportunities for water-based recreation. 1. Promotestrategicimplementationofthe2012ten-yearParks and Recreation MasterPlan (PRM PJtosupportcomprehensive plan goals, including periodic updates. 2. Whenimproving parks,ensurethatparksaresafeandprovide sufficient shade. 1. Support adequate resources for basic maintenance and operation of all parks, beaches, recreational facilities, and other green public spaces, as discussed in the PRM P, and for enforcement of City regulations that protect the quality of these public spaces. 2. Continue to support funding and partnerships to provide enhancements and maintenance of public parks. 3. Encourage sustainable maintenance practices. 4. Encourage the joint construction and use of recreational facilities between governmental entities should be encouraged. 5. Promotepublicartfacilitiesandprogramsthatreflectcultural heritage in parks. 1. Continuetosupportand promotewatersafetyprogramsand training. 2. Promote public accessibility to all beaches, including those within the Extra -territorial Jurisdiction (ETJJ. 26 I PLAN CC COMPREHENSIVE PLAN Resilience and Rsni irrp-Fffiripnr Resilience and Resource -Efficiency focuses on the issues of resilience and resource efficiency, particularly energy. Resilience is not only the ability to respond to and recover from hazard events but also the ability to anticipate hazards and reduce overall vulnerability by adapting to changing conditions and promoting multiple lines of defense against hazardous events. The section on resource -efficiency focuses on expanding access to renewable energy sources and promoting efficient resource use through sustainable design. Water conservation is treated in the element Infrastructure, Facilities, and Public Services. PLAN CC COMPREHENSIVE PLAN27 Element 2 - Resilience & Resource Efficiency Plan CC's Vision for Resilience and Resource -Efficiency ood stewardship of natural assets and resources reduces our vulnerability to coastal environmental hazards, and enhances our resilience, preserves our natural resources, reduces our impact on the environment, and keeps our city in attainment of air quality standards. We work to understand and preserve our natural heritage because it is at the foundation of our way of life and our economy. PLAN CC COMPREHENSIVE PLAN Goals and Strategies 1. Element 2 - Resilience & Resource Efficiency M7 .- 'AOi_•JIIM- 1. Corpus Christi has a holistic community standard of resilience that adapts to changing conditions such as storm hazards, high winds, and sea level rise. 2. The City has a multiple lines -of - defense strategy for protection against flooding from coastal storm surges. 1. Support periodic review of resilience planning and implementation to adapt to changing conditions. 2. Promote public understanding of risk and the responsibilities of individual households, as well as city, state, and federal governments. 1. Promote implementation of regulations that protect barrier beaches, dunes, and natural or storm -made passes to lessen the erosional impact of tidal surges. 2. Promote implementation of flood -protection measures throughout the city. 3. Support emergency management evacuation plans. 3. Government operations and buildings 1. are models of resource -efficiency and renewable sources. 4. Renewable sources of energy, including solar and wind, and other energy -conservation strategies, are available to city households and businesses. 5. Green building techniques are used in new development and retrofits. 6. Reinvestment in existing communities conserves resources and sensitive environments. 2. 3. 4. 1. 2. Continue organizational and operational improvements to maximize energy and resource- efficiency and reduce waste. Give preference to energy-efficient designs, materials and equipment in public facilities and in infrastructure. Support the use of renewable energy sources for City operations and facilities. Support the reuse of water resources, minerals, and energy available as by-products of wastewater treatment and solid waste disposal. Support programs that make renewable- and clean - energy options available to homes and businesses. Raise awareness of the energy options available to residents and businesses. 1. Support residential and commercial green building programs through awards and nonfinancial incentives. 2. Support passive design strategies, such as site designs that take advantage of prevailing winds, sunlight, shade trees, etc. to reduce energy consumption. 1. Encourage clean-up and adaptive reuse of brownfields. 2. Encourage the preservation and adaptive reuse of existing structures to reduce construction waste and conserve energy and materials. 3. Encourage and promote urban farming and community gardens to promote access to local food. PLAN CC COMPREHENSIVE PLAN1 Housing and Neighborhood Housing and Neighborhoods focuses on three issues: overall access to a diverse supply of quality housing; investment in the quality of life in established and new neighborhoods; and promoting community identity and sense of place. Housing goals and policies focus on meeting the diverse needs of households at all income levels and all life -cycle stages, reducing chronic homelessness, and ensuring that all housing is in good condition. 30 1 PLAN CC COMPREHENSIVE PLAN Plan CC's Vision for 1, ft4 4' 'IS, !SS High-quality, safe, and diverse neighborhoods provide a variety of living choices. Corpus Christi's growth has revitalized older parts of the city; created a new live -work -play neighborhood downtown; and promoted a sense of place and neighborhood in new housing development. Neighborhoods provide housing affordable across the income scale for diverse households, the workforce, young and old—singles, couples, families with children, empty nesters, and retirees. People can get around the city by multiple modes of transportation— connected networks of good streets and sidewalks, safe bicycle routes, and excellent public transportation. PLAN CC COMPREHENSIVE PLAN1 Element 3 - Housing & Neighborhoods Goals and Strategies 1 STRATEGIES FOR DECISION MAKERS 1. Corpus Christi has a comprehensive housing policy to advise the City on development of quality housing for residents of all income levels in all parts of the city. 2. Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle. 3. Chronic homelessness addressed in an organized and sympathetic manner. 4. Housing is in good condition and code -compliant. 5. New and redeveloped housing is resource -efficient. 6. New cost-effective residential subdivisions are established in high- growth corridors to support the demand for new housing. 1. 2. Support a community-based system to develop and implement a housing policy that includes stakeholders from government, the nonprofit sector, and the private sector. Support nonprofit organizations in housing production and explore creation of Community Development Corporations that assist with neighborhood revitalization projects. 1. Support the planning, regulatory and funding initiatives needed to provide a diversity of housing types—rental and ownership, market -rate and assisted—to meet community needs. 1. Encourage proactive city leadership in planning and implementing homelessness policies. 2. Encouragepartnershipsamong homelessservicesproviders and organizations. 1. Support effective, efficient, and sensitive code enforcement that focuses on compliance. 1. Supportresource-efficiencyinCity-assisted housing,whether new or rehabilitated. 2. Promote resource -efficiency in all new housing through financial or non-financial incentives, such as permit streamlining. 1. 2. Support protection of areas in high-growth corridors within the City's ETJ. Promote orderly developmentwith fairness to all tax payers and rate payers while keeping in mind impacts to the affordability of housing. Neighborhoods 7. Corpus Christi sustains and maintains 1. established neighborhoods. 2. 3. 4. 5. Support programs to encourage infill development and rehabilitate housing stock in established neighborhoods. Support preservation and reuse of historically significant buildings, areas, and sites. Support enhanced code enforcement and campaigns to address litter issues. Promote the organization of neighborhood associations and community initiatives to maintain neighborhoods and keep them safe and free from crime. Support exploration of local nonprofit Community Development Corporations, which can assist in revitalizing neighborhoods through affordable housing and commercial development,jobcreation initiatives, neighborhood planning and advocacy. PLAN CC COMPREHENSIVE PLAN GOALS 8. Neighborhoods are enhanced by investments in "urban villages" to improve quality of life. Element 3 - Housing & Neighborhoods STRATEGIES FOR DECISION MAKERS 1. Support public investments—physical, environmental, functional, and social—to be built in areas to support walkableneighborhoodcommercialandmixed-usedistricts, including compact centers along major roads. 2. Encourage the location of public facilities, civic, and cultural useswithinoradjacenttoneighborhoodcommercial districts to act as anchors where feasible. 3. Support coordination amongcitydepartments,theHousing Authority, school districts, county,stateandfederalagencies on the location of new facilities and the disposition of properties. 4. Support programs and regulations that help create livable communities for the aging population. 5. Support measures to reduce urban blight and evaluate their cost effectiveness. f Place 9. The design of new developments promotes a broader sense of neighborhood and community rather 1. Give consideration to regulations, projects, incentives, and guidelines that promote interconnected development, such as developments with a well-connected street network than creating isolated subdivisions or apartment complexes developments with a lack of interconnection. or appropriate connections to neighboring subdivisions, destinations or bicycle/pedestrian facilities. 2. Support making safe pedestrian and bicycle routes available in new and redeveloped areas where appropriate and consider offering financial or non-financial incentives. 3. Encourageappropriatetransitions between commercial and residential developmentsand between high and low-density residential developments. PLAN CC COMPREHENSIVE PLAN1 ELEMENT Diversifying the Economy and Strengthening the Workforce The Economic Development and Workforce goals focus on diversifying Corpus Christi's economy and supporting well - paying jobs by building on existing industries, promoting innovation, and growing new sectors. Key elements to support diversification include retaining and attracting firms, cultivating an "entrepreneurial ecosystem" that supports small businesses, attracting talented professionals, and ensuring that students and unemployed or underemployed workers are adequately prepared to find and maintain employment. In addition to building on important long-time sectors like oil and gas and tourism, this element stresses the potential of assets such as higher education research and military bases to bring entrepreneurial energy and more 21st - century jobs to Corpus Christi. 34 1 PLAN CC COMPREHENSIVE PLAN Plan CC's Vision for Economic Develovment Our broadly diversified economy provides opportunity for all. While the port, the oil and gas industry, military bases, and tourism continue as important mainstays of our economy, new sectors are thriving through entrepreneurial start-ups, technology spin-offs from university research, and expanded ecotourism. Our skilled workforce results from a commitment to a strong culture of educational achievement, from pre-school to grad school. Graduates of TAMU-CC and Del Mar College find jobs in Corpus Christi that allow them to stay, grow, and enjoy urban amenities in a Gulf Coast lifestyle. PLAN CC COMPREHENSIVE PLAN35 Element 4 - Economy & Workforce Goals and Strategies GOALS STRATEGIES FOR DECISION MAKERS 1. Corpus Christi has a diversified economy of well -paying jobs that builds on existing industry strengths and technological innovation. 1. Promote the technological strengths of companies in the oil and gas cluster by supporting new product development and expansion into new markets. 2. Support market diversification by the tourism industry. 3. Promote and protect the natural amenities of the area for ecotourism. 4. Support the marketing and expansion of the tourist and convention businesses. 5. Promote expansion of public and private research activity in the region that offers the potential for the development of new products and the emergence of new industries. 2. Corpus Christi is able to attract and retain firms because of its competitive assets and supportive business environment. 1. Promote strong lines of communication between local government and businesses to ensure timely response to business needs. 2. Promote financial incentives for business investments that offer the potential for strong catalytic impacts, and structure incentives to provide the maximum public benefits. 3. Encourage the development of a high-quality workforce across a wide range of occupations and skill levels that meets the current and emerging needs of local businesses and makes workforce a positive factor for business prospects. 4. Promote modernization of transportation and utility infrastructure. 5. Promote programs that identify optimal sites for industrial uses. 3. Corpus Christi has a robust "entrepreneurial ecosystem" that supports a thriving small business community. 1. Promote a community culture that recognizes and embraces innovation and entrepreneurship. 2. Support investment of resources and capacity that support new venture startup and growth. 3. Encourage youth to develop entrepreneurial talents. 4. Support the development of partnerships with local colleges/universities, industry, and business organizations to promote and use existing and new entrepreneurial programs. 4. Corpus Christi is a community of choice for talented entrepreneurs and professionals. 1. Encourage in -migration from the surrounding areas, the state, and nation. 2. Promote a community culture that embraces diversity, values new ideas, and welcomes new residents. 3. Encourage the creation of a strong, positive image for Corpus Christi, both internally and externally. 4. Encourage the development of cultural/artistic activities and programs that will promote the city as the cultural center of South Texas. 5. Strengthen community institutions and amenities that provide a high quality of life. 6. Promote an economic environment and quality of life that provides positive incentives for highly skilled individuals who have other locational choices to settle in Corpus Christi to pursue their careers. 1PLAN CC COMPREHENSIVE PLAN GOALS 5. Unemployed and underemployed workers have access to training and support services that enable them to improve their employment status and qualify for jobs offered by local employers. 6. Every student completes his or her education, whether high school, technical school, or college, with the skills needed to enter a well -paying career. 7. The Port of Corpus Christi continues to be a major economic engine for Corpus Christi. 8. Corpus Christi has maintained a harmonious relationship with the military and seen growth in military facilities. Element 4 - Economy & Workforce STRATEGIES FOR DECISION MAKERS 1. Encourage responsiveness of career training programs and other workforce development services to changing employer demand. 2. Support an easily accessible and seamless service delivery system for jobseekers, such as through more effective marketing of workforce development services, greater employer engagement, and improved matching of available jobs with qualified job seekers. 3. Support essential services, such as childcare, transportation, and substance abuse counseling that enable workers to seek and maintain employment. 4. Promote a balance between responding to immediate labor force needs and planning for longer-term changes in the labor market. 1. Encourage school completion as a high civic priority with broad community support and engagement. 2. Promote partnerships and encourage integrated early childhood services—incorporating cognitive, intellectual and emotional development, health, and family social services—to ensure that children entering school are ready to learn. 3. Promote provision of a range of age-appropriate career exploration and experience opportunities for children, beginning at the elementary level. 4. Promote alignment of education, including school boards and workforce development agencies, with the needs of local industry. 1. Encourage improvements of the port area and its facilities according to the Port of Corpus Christi's Strategic Plan. 2. Support the expansion of port activities and consider land use compatibility. 3. Encourage coordination with the Port and trucking industry to establish designated truck routes and to minimize delays on truck routes and seek funding mechanisms to maintain and operate truck routes. 1. Make Corpus Christi an attractive place for military installations. 2. Encourage the adoption of regulations consistent with the recommendation of the Joint Land Use Study. 3. Support the development of a contingency plan to allow for the expansion and contraction of military activities. 4. Support the South Texas Military Facilities Task Force, which is a consortium of governmental entities and industry partners dedicated to preserving military missions and facilities in the South Texas Region and sponsored by the Corpus Christi Chamber of Commerce. PLAN CC COMPREHENSIVE PLAN I Element 4 - Economy & Workforce 9. The tourist and convention industry has become an important part of the local economy and the City has encouraged the development of this industry by protecting natural amenities and by promoting, where appropriate, man-made developments that will attract and sere the tourist/ conventioneer. 38 1 PLAN CC COMPREHENSIVE PLAN STRATEGIES FOR DECISION MAKERS 1. 2. 3. 4. 5. 6. Promote the natural amenities of the area, including the beautiful central -city area and the 93 -mile stretch of beautiful beaches along Mustang and Padre Islands. Support the preservation of the natural state of public lands. Preserve nature to promote ecotourism for its contribution to economic development, for education, and in trust for future generations. Support the marketing of the tourist business through the continued implementation of strategic planning for promoting natural and man-made amenities to potential and existing tourists. Support the marketing of the convention business through strategic planning and continued implementation for promoting the development of meeting facilities in the area and for the most cost effective use of the Convention Center, meeting facilities, and cultural facilities. Recognize the value of the Texas State Aquarium and the USS Lexington Museum, which are great tourist attractions and valuable assets to local residents, and take efforts to encourage success of these organizations. netting From Here to There: Transportation and MobiIitv Transportation and Mobility focuses on improving Corpus Christi's transportation infrastructure and systems, including expanding mode choices to encourage biking, walking, and public transportation while maintaining the roadway system for long-term effective use. Integrating land use and transportation planning, along with support for aviation, rail freight and shipping from Corpus Christi, are key goals for the future. PLAN CC COMPREHENSIVE PLAN39 Element 5 - Transportation & Mobility Plan CC's Vision for transportation—connected sidewalks, safe bicycle routes, City services, infrastructure and utility syst streets—have been modernized to ensure that t e c and maintain urban and industrial growth, employing best • nt manner. 40 1 PLAN CC COMPREHENSIVE PLAN J Element 5 - Transportation & Mobility Goals and Strategies 1. Corpus Christi has an efficient and safe transportation network, including bicycles, pedestrians, public transportation, aviation, shipping, trucks and automobiles, that is integrated with land uses and promotes transportation choice, healthy lifestyles, sustainable development patterns, and economic development. 2. Corpus Christi's street system is designed, constructed, and maintained to standards for long- term effective and safe use. 1. Support a multi -modal transportation network that is integrated with land uses, where destinations are easily connected by accessible paths. 2. Support compliance with transportation design standards. 3. Support the development of mode -choice corridors for bicycles, pedestrian and public transportation. 4. Support and coordinate with the Corpus Christi Metropolitan Planning Organization's projects, plans, and initiatives. 5. Encourage planning effectively for future streets and highways capable of carrying projected traffic flows and protect future street right-of-ways from being obstructed with development. 6. Provide convenient access to industrial areas. 7. Special routes leading away from the city and isolated from major activity centers should be designated for the transport of hazardous materials. 8. Truck loading facilities, which often produce traffic congestion, noise, and road wear, should be properly located and designed to prevent conflicts with other land use activities. 9. Encourage governmental partnerships to upgrade and construct streets serving storage and shipping terminals at the Port of Corpus Christi to accommodate demand. 10. Promote desirable patterns of development consistent with the Urban Transportation and Future Land Use Plans. 11. Support the improvement and aesthetics of major thoroughfares and city entrances. 1. Support a long-term program to repair existing streets and regularly maintain the system to minimize life -cycle costs. 2. Support adequate and balanced funding sources for long- term operation and maintenance of the street network. 3. Support the integration of transportation and neighborhood planning with utility infrastructure planning. 4. The City should periodically review its street cleaning and paving policies to insure that all city streets are as clean as possible and to reduce airborne dust. 5. Support the utilization of road improvements to stimulate redevelopment and orderly growth. 6. Support appropriate vehicular speeds and bicycle/ pedestrian use on neighborhood streets. PLAN CC COMPREHENSIVE PLAN1 Element 5 - Transportation & Mobility GOALS STRATEGIES FOR DECISION MAKERS 3. Corpus Christi has a convenient and efficient public transportation system. 4. Corpus Christi International Airport is the aviation gateway to the Coastal Bend and supports economic development. 5. Support and enhance continuing national freight rail service from Corpus Christi. 6. Access to, from, and around Padre Island is safe and accommodates growth both in residential and tourist populations. 1. Support the partnership with the Corpus Christi Regional Transportation Authority to increase ridership and reduce single -occupancy vehicle use while helping to reduce air pollution. 2. Support an operations plan to increase the efficiency and lower the life -cycle costs of the public transportation system. 3. Support transit -oriented development (TODs) near public transportation stations. 4. Support the extension of transit services to all areas of the city to provide universal access to employment, social and recreational opportunities. 1. Support implementation of the Airport Master Plan. 2. Support enhancements to and expansion of airline service. 3. Encourage development of areas adjacent to the Corpus Christi International Airport in compliance with the Joint Land Use Study in order to minimize the impact on the airport and its operations. 1. Support enhancements to rail service essential to the city's economic success. 2. Support minimizing delays and improve safety at at - grade railroad crossings. 1. Promote and support a plan for a second access on and off Padre Island. 2JPLAN CC COMPREHENSIVE PLAN Community Infrastructui acilities and Public Servi,_ Infrastructure, Facilities, and Public Services focuses on the improvement of long-term water supplies, water security, waste -water treatment, solid waste disposal and storm water, drainage systems, and emergency response services through cost-effective and environmentally sustainable initiatives. The City has to balance the needs of residents, commercial users, rate payers, and the environment. The systems are expensive to expand, maintain, and compensate for prior underinvestment. The City must support a strategic approach to providing adequate water, wastewater -treatment and storm -drainage infrastructure to support redevelopment and new development. Proposed improvements focus especially on long-term planning that integrates management strategies to meet or surpass regional and state goals and standards. PLAN CC COMPREHENSIVE PLAN43 Element 6 -Infrastructure, Facilities & Public Services Plan CC's Vision for ,-W • T • . • 71 7 7 • fY • • • if As • Modernized city services and systems support growth and vitality in all parts of the city. City services, infrastructure and utility systems—including streets, drinking water supply, wastewater, storm water management, and emergency response services—have been modernized to ensure that the city can support and maintain urban and industrial : owth, employing best practices in a cost - 44 1 PLAN CC COMPREHENSIVE PLAN Element 6 -Infrastructure, Facilities & Public Services Goals and Strategies STRATEGIES FOR DECISION MAKERS 1. Corpus Christi has an integrated, sustainable water -resource management program that provides a long-term supply of the right water for the right use—drinking water for residents and processed water for business and irrigation— while ensuring the integrity of environmental systems. 1. 2. 3. 4. 2. Corpus Christi has a water treatment 1. and distribution system that meets or exceeds state water quality requirements. 2. 3. Corpus Christi has a cost-effective and environmentally sustainable wastewater -treatment system that supports existing development and accommodates future growth. 3. 4. 5. 6. 1. Support the development of integrated water - management strategies considering surface, reuse, conservation, groundwater, aquifer storage and recovery and desalination. Support a water supply master plan to meet current and future demand. Encourage the continued implementation of the city's water -conservation plan. Support efforts to find a regional solution to the water supply. Support the operation of a safe, efficient, and sustainable water supply, treatment, and distribution system in an environmentally sound manner. Support the maintenance and improvement of existing water infrastructure, including the incorporation of innovative and cost-effective technologies where appropriate. Support a strategic approach to providing adequate water infrastructure to support redevelopment and new development. Support improvements to the water distribution system to accommodate adequate pressure and flow for fire protection in existing and developing areas. The City must update and harmonize its Utility Master Plans as well as incorporate the best practices available from current technology and meet projected land uses. Support adequate water infrastructure for infill, redevelopment and new development. Support the updating and revising of the wastewater master plans, taking into account current conditions, anticipated future growth, and compatibility with land uses and environmentally sensitive areas. 2. Support improvements to meet state and federal standards where applicable. 3. Support an approach that establishes priorities for the replacement and correction of existing facility deficiencies and for meeting future needs. 4. Promote existing and alternative uses of recycled wastewater. 5. Support adequate wastewater infrastructure for infill, redevelopment and new development. PLAN CC COMPREHENSIVE PLAN1 Element 6 -Infrastructure, Facilities & Public Services 4. Corpus Christi has a storm water and drainage system that is environmentally and economically sustainable. 5. All residences and businesses have a dependable, environmentally safe means to dispose of solid waste. 6. The City maintains all municipal buildings and facilities for long-term use. 1. Support the updating and revising of the storm water master plans, taking into account current conditions and anticipated future growth. 2. Promote natural drainage approaches ("green infrastructure") and other alternative non-structural and structural best practices for managing and treating storm water. 3. Promote reduction of pollutants and litter through the use of best management practices. 4. Promote economic development by reducing potential losses due to flooding and water -quality degradation. 5. Support the incorporation of changes to FEMA flood zones and regulations and their impacts on storm water and land use planning. 6. Support the creation of a more equitable billing system for storm water services. 7. Support adequate storm water infrastructure for infill, redevelopment, and new development. 1. Support the continued operation of city and regional waste -management services. 2. Support recycling that meets or exceeds state and regional goals in order to maximize landfill capacity. 3. Support the planning for new solid waste facilities far in advance of need and identify locations that are compatible with adjacent land uses or environmentally sensitive areas. 1. Support investment in an asset -management system. 2. Continue to invest in best practices for long-term, life- cycle energy and resource efficiency in improvements, renovations, or new facilities. 3. Support the identification and obtainment of adequate sources of funding for the development and maintenance of public services and facilities. 4. Support the proper maintenance of public facilities. 5. Support construction of new public facilities at optimal sites. 6. Support the maximization of the use of public facilities through cooperative and joint use agreements. 7. Encourage active citizen participation as public facilities are planned, constructed, and maintained. 8. Encourage voluntary contributions and City support in planning creative financing solutions for cultural/public facilities needing maintenance and repair. 7. New or renovated buildings, facilities 1. and open spaces that are required to comply with ADA (Americans with 2. Disabilities Act) standards do comply. Support programs to meet all outstanding ADA deficiencies in public facilities. Support making ADA accessibility information available to the public. 46 1 PLAN CC COMPREHENSIVE PLAN Element 6 -Infrastructure, Facilities & Public Services 8. Corpus Christi has state-of-the-art broadband and telecommunications services. 9. The city's electric grid is protected and resilient. 1. Support continued state-of-the-art high-speed Internet and telecommunications access to all City departments and services. 2. Support continued cooperation with telecommunications providers through franchise agreements to allow access to the City's public right- of-way in order to provide state-of-the-art services to residents and businesses. 1. Encourage cooperation with electric service providers to harden the electric grid to increase resiliency. 2. Promote the installation of underground electric distribution lines whenever practical and financially and operationally feasible. 10. All areas of the city receive equal 1. access to emergency services and public safety is improved. 11. In order to provide for orderly growth to new development areas, expansion of capacity to existing infill development, or reorganization of existing facilities, the City must plan for and purchase property or easement rights. 2. 3. 4. 5. 1. Explore revenue strategies for providing an equal level of service to all parts of the city. Consider a systematic method to fairly evaluate existing police and fire stations and the need for new stations. Building codes should be reviewed periodically to include the latest cost-effective fire prevention devices. Evaluate options to curb abusive use of the emergency transport facilities. Every effort must be made to increase public understanding of crime trends in Corpus Christi, such as through local media, and to encourage citizen involvement in crime prevention, such as "Crime Stoppers" and "Neighborhood Watch." Encourage the identification and acquisition of sufficient right-of-way or easements for proposed drainage and utility infrastructure in accordance with Area Development Plans and appropriate Master Plans in advance of development. PLAN CC COMPREHENSIVE PLAN47 Future Land Use Zoning, and Urban Design Every comprehensive plan contains an element on future land use and a future land use map. The Future Land Use, Zoning, and Urban Design element sets forth the policy framework for the physical development of Corpus Christi over the next 20 years. It is the guide for decision makers on the pattern, distribution, density and intensity of land uses that, over time, will help the city achieve the community's vision for the future. The future land use map is not a zoning map but provides the foundation for zoning. It guides land -use decision makers when they are called upon to exercise their discretion in making rulings on rezoning and similar issues. PLAN CC COMPREHENSIVE PLAN -L J-- �I Plan CC's Vision for • II •1 • 0 L I, 00 1 9• •• 1 FROM THE VISION: Corpus Christi's growth has promoted a connected sense of place; revitalized downtown and older parts of the city; created mixed- use centers in key commercial districts resulting in live -work -play neighborhoods; and established new neighborhoods in the south side and northwest areas. FROM THE PRINCIPLES: • Pursue high-quality development. Make public investments a model of excellent design and function and explore having design standards that result in well-designed connected neighborhoods and built environments. Consistent application of clear standards will make the city more attractive for people who live here now and attract new residents. • Be strategic. Strategically integrate public physical, economic, and social investments to leverage private investment and grants in order to create critical mass that supports enhanced choices in housing, transportation, and retail and services. This critical mass will then stimulate self-sustaining activities. PLAN CC COMPREHENSIVE PLAN49 Element 7 - Future Land Use, Zoning & Urban Design Goals and Strategies GOALS 1 STRATEGIES FOR DECISION MAKERS 1. Corpus Christi development patterns support efficient and cost-effective use of resources and high quality of life. 2. Downtown and mixed-use urban and neighborhood villages provide walkable environments and new housing options. 1. Encourage the protection and enhancement of residential neighborhoods. 2. Promote the stabilization, revitalization and redevelopment of older neighborhoods. 3. Explore the creation of a City redevelopment authority or similar agency. 4. Encourage orderly growth of new residential, commercial, and industrial areas. 5. Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. 6. Promote the monitoring of current development to identify infrastructure capacity deficiencies in advance of future development. 7. Promote and incentivize with both financial and non- financial incentives the location of new residential developments adjacent to and connected to existing development. 1. Support planning to explore the idea of creating urban and neighborhood villages at major intersections as identified by the mixed-use category in the Future Land Use Map. 2. Promote residential and mixed-use development downtown. 3. Promote compact and walkable mixed-use urban villages that concentrate retail and services within walking distance of neighborhood residences and where they could support improved public transportation service, such as expected major bus stations and future stops for bus rapid transit, creating "transit -ready" locations. 4. Promote neighborhood villages consisting of smaller mixed -used areas to concentrate neighborhood - serving retail and services along with some residential development. J PLAN CC COMPREHENSIVE PLAN Element 7 - Future Land Use, Zoning & Urban Design GOALS STRATEGIES FOR DECISION MAKERS 3. Corpus Christi has well-designed neighborhoods and built environments. 1. Encourage and incentivize, with both financial and non-financial incentives, design standards that result in high quality built environments. 2. Support having a stakeholder committee to develop design standards and policies for areas of the city where deemed appropriate. 3. Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. 4. Promote interconnected neighborhoods with appropriate transitions between lower -intensity and higher -intensity land uses. 5. Support the separation of high-volume traffic from residential areas or other noise -sensitive land uses. 6. Encourage direct arterial access for high-density apartments or interior access from a street designed specifically to collect the apartment traffic and distribute it directly to an arterial without passing through a lower density residential area. 7. Encourage convenient access from medium -density residential development to arterial roads. 8. Promote medium density activities, such as apartments or office uses around commercial centers of high density, and the remaining area by low density use such as single-family dwellings. 9. Encourage compact as opposed to linear form commercial centers to provide for a grouping of activities. Such grouping of activities generally permits more effective traffic management, i.e., left turn conflicts can be minimized, entryways/exits can be designed to serve several businesses and right turns onto major streets can be encouraged. 10. Encourage the design of commercial centers in a manner that minimizes the impacts of automobile intrusion, noise and visual blight on surrounding areas. 11. Screening fences, open space or landscaping can provide an essential buffer between shopping and residential areas. 4. Regulations to protect military and civilian airfield and airport use are in place. 5. Transitions from residential enclaves to non-residential uses have occurred in industrial and aviation special districts. 1. Adopt appropriate regulations consistent with the recommendations of the Joint Land Use Study. 2. Continue to consider the compatibility of proposed uses with military airfield operations when making decisions on rezoning requests. 3. Avoid development that is incompatible with the operation of military airfields and the airport. 1. Support city involvement in setting up a fair transition process. PLAN CC COMPREHENSIVE PLAN I Element 7 - Future Land Use, Zoning & Urban Design GOALS STRATEGIES FOR DECISION MAKERS 6. Annexation plans provide for orderly 1. growth and industrial agreements in the ETJ (Extra -territorial jurisdiction). Orderly Development: Development that occurs and is managed by local government according to adopted land use plans and utility master plans, thereby providing cost effectiveness and land use compatibility. 3. 2. 4. 5. 6. 7. 8. Support policies and regulations that ensure orderly development in annexed areas, as rapid unorderly growth can cause numerous urban problems that include traffic congestion and the inability to meet infrastructure needs. Support an orderly and prioritized annexation program to insure an adequate supply of developable land. Support a policy of annexation of land at the periphery of the city to protect the city from urban growth that is incompatible with the developmental objectives of Corpus Christi and to achieve orderly growth. Land should be annexed so that all structures are constructed in accordance with building, plumbing, electrical, and other City codes, which are designed to ensure the public health, safety, and welfare. Annexation should occur so that impacted areas may benefit from public health programs, zoning laws, police and fire protection, and so that new developments may be planned and linked to the municipal water supplies, wastewater, and storm drainage systems. Support the evaluation of the use of industrial district agreements in lieu of annexation for industrial areas of the city and ETJ. Use annexation powers combined with minimum lot size in zoning and infrastructure policy and strategic City investments in infrastructure to promote orderly and efficient development in the ETJ. Adopt master utility plans to facilitate orderly development. PLAN CC COMPREHENSIVE PLAN G PLAN CC COMPREHENSIVE PLAN53 54 1 PLAN CC COMPREHENSIVE PLAN Professional Office 1. 0 0 0 V 'O C 0 C ` 0 ` r C o 0 u •0 U 9 7 N 2 •N 03 m a i c u /1 C 9 0 > y — lt y C N 0 DlEI G rn2 J Q w 1 1 Future Land Use Definitions RURAL USES Agriculture/Rural Enterprise This category includes farms and other enterprises that serve the rural population, such as convenience retail and gas stations, agricultural suppliers, and so on. Uses include: • Single-family homes on very large lots or associated with rural enterprise uses • Agricultural uses • Vacant land that has not previously been developed • Small business clusters that serve a rural population RESIDENTIAL USES The predominant residential land use in the City of Corpus Christi is the single-family dwelling at a range of densities. Plan CC designates density levels for single-family housing, duplexes, townhouses, multifamily development, and mixed- use development, which can include housing. The purpose of this approach is to show multifamily housing locations. All residential categories also include schools, churches, and neighborhood -serving public uses. Where small enclaves of residential uses are surrounded by existing or planned light -industrial or intensive commercial uses, rezoning should not perpetuate or enlarge these enclaves. Single -Family • Low-density residential: up to 3 units per acre • Medium -density residential: 4 to 13 units per acre (including two-family dwellings) • High-density residential: more than 13 units per acre Multifamily • Multifamily development can range from small apartment buildings with three or four units and townhouse developments to large apartment buildings. • Smaller buildings of no more than three stories can coexist with neighborhoods of predominantly single-family housing, preferably located at intersections or on collector streets. • Preferred locations for larger buildings include downtown and downtown -adjacent areas, locations within a walkable distance of urban village cores, and transportation and transit corridors. COMMERCIAL USES Commercial land uses include retail and office uses that are typically open to the public at large. Other commercial uses, such as wholesale and distribution businesses, are included in the light industry category because they have similar impacts, such as high volumes of trucking. In Corpus Christi, 60 percent of retail development is located in the SH 358/South Padre Island Drive corridor. The concentration of retail and other commercial businesses in this corridor is unlikely to change, particularly because so much of it is located on frontage roads to the highway. The desired change is for redevelopment and transformation of this commercial area into higher -value and more attractive development with higher design standards. Schools, churches, and neighborhood -serving public uses can be included in commercial land use areas. Zoning can distinguish among different types of commercial development including: Neighborhood Commercial • Areas for neighborhood retail and services that meet the day-to-day needs of residents and workers of surrounding neighborhoods (typically within a 3 -mile radius) with a range of uses such as smaller grocery stores, banks, restaurants and services such as small professional and health offices, barber/ beauty shops, dry cleaners, and so on. • These areas are accessible by automobile with sufficient parking, but also should be designed to accommodate pedestrian and bicycle access. General Commercial • Commercial areas serving a citywide or regional trade area, including shopping and entertainment centers that offer a range of retail and service establishments, including large supermarkets, department stores, movie theaters, big box stores, and supporting retail and professional services. • Office buildings or office uses on upper stories. • Leisure and entertainment uses. • General commercial areas are generally accessed by auto, but these properties should be designed to accommodate pedestrians and bicyclists, provide interior circulation between properties, and use appropriate landscaping to counter heat island and stormwater-management impacts. PLAN CC COMPREHENSIVE PLAN1 INDUSTRIAL USES Most of the industrial uses within the city limits of Corpus Christi are light industrial; heavy industry is located in the ETJ industrial districts. Light Industrial • Light industrial and office uses, potentially in "business park" settings, and typically near major transportation routes and services including highways, railroads, and airport facilities. • Light industrial uses typically produce consumer or end-user goods, require limited amounts of raw materials and energy, and are small- to medium - scale in size. Examples include food processing, furniture manufacture, and consumer electronics. • Small- to medium-sized warehouse and distribution uses. • Urban agriculture to produce a mixture of foodstuffs for sale • Supporting uses, such as minor retail and services that support the major uses. Heavy Industrial • Heavy manufacturing and large warehousing and distribution facilities. • Heavy industry is capital -intensive and generally sells to other industries rather than to final consumers. • Uses that require significant truck traffic and/or rail connections. • Supporting uses such as minor retail, services, and offices connected to the industrial use or serving an industrial park. • Certain public uses, such as landfills, that have an industrial character and impact. SPECIAL AVIATION TRANSITION DISTRICT The Special Aviation Transition District is also a district for transition from residential to non- residential uses, but for a different reason. NAS -CC and the City prepared and adopted a Joint Land Use Study (JLUS) in 2013 that called for land use changes to ensure compatibility with military and civilian aviation. For NAS -CC, this means avoiding residential land uses and other concentrations of people between the military installation and South Padre Island Drive. Implementing this recommendation of the JLUS is particularly important for NAS- CC, one of the most important employers in Corpus Christi. The federal government is expected to begin another evaluation of potential base closings in 2017, and efforts to implement the JLUS will help secure NAS in Corpus Christi. The Aviation Transition District is home to a low- and moderate -income population of owner -occupants and tenants and the transition process is likely to take many years. MIXED-USE AREAS Mixed-use centers, ranging from vibrant downtown environments to active urban villages, include residential, retail, and office uses. Mixed-use centers are pedestrian -friendly and provide concentrated population and activity centers that can support enhanced transit. The mixture can be vertical, with uses on different floors of a building, and horizontal, with different uses side by side, and include multifamily, townhouse, cottage and small -lot single-family residential, retail and services, offices, hotels and live/work structures. Buildings should be oriented to the street, with active ground -floor uses that provide easy pedestrian access. Parking should be located in the rear of the lot or to the side where lots are shallow, or in parking structures. Shared parking districts can make parking more efficient and benefit the entire district. Uses that require large amounts of trucking are not suitable for mixed-use areas. Churches, schools and public uses are included in mixed-use areas. Plan CC has one mixed-use land use designation that includes three types of mixed-use districts, which can be distinguished through zoning or overlay districts: • Downtown: Downtown is the largest center of pedestrian -oriented, mixed-use activity, with both vertical and horizontal mixture of uses, including housing, offices, ground -floor retail, services, restaurants and entertainment, cultural amenities, and so on. The mixture of uses creates a vibrant 18- to 24-hour, 7 -day -a -week live -work -play environment. • Urban Village: Urban Villages are medium- sized walkable centers that cover multiple blocks, include ground -floor stores and restaurants and upper -story offices, and typically have public transportation stops or stations. The types of stores, restaurants, and other amenities serve residents in the surrounding neighborhood and attract people from other parts of the city. PLAN CC COMPREHENSIVE PLAN • Neighborhood Village: Neighborhood Villages are smaller, walkable, mixed-use villages that can be as small as a few blocks around an intersection. They primarily serve the surrounding neighborhoods with retail and services. • A "collegetown" is a type of Urban Village, with retail, services, entertainment, and (often) housing, that is oriented toward the needs of students and located near a university or college or student -oriented housing. INSTITUTIONAL Hospitals, colleges, universities, and similar institutions, whether public or private, are designated as separate land uses because of their campus -like character, which requires special attention to edges and relationships with adjacent areas. GOVERNMENT Government uses include federal, state, county, regional and municipal government facilities and installations, except for government-owned institutions. PERMANENT OPEN SPACE Parks and playgrounds, recreational fields and facilities, greenways, and other green areas managed for public access and recreation FLOOD PLAIN CONSERVATION Lands within the 100 -year flood plain, preferably preserved for environmental reasons. The flood plain conservation designation should be updated when new FEMA maps are adopted to better represent which lands are impacted by flooding. TRANSPORTATION Airports, railroads, highway and interstate rights-of-way. PLANNED DEVELOPMENT AREAS Planned development areas are lands that are currently undeveloped or underutilized but may be suitable in the future for a variety of uses, taking into account environmental and other constraints. Designated on Padre and Mustang islands and in the potential annexation areas, planned development areas are expected to require a rezoning tied to a master planning process or an Area Development Plan process. Key: Future Land Use Map [next page) Mixed Use Agriculture/Rural Enterprise Commercial Government JJJJJJJJ� Institutional Heavy Industrial + Light Industrial Low -Density Single -Family Residential Medium -Density Single -Family Residential High -Density Single -Family Residential Multifamily Residential Transition Aviation Special District Transition Special District Transportation Planned Development Permanent Open Space Flood Plain Conservation Water 100 -Year Flood Plain City Limit Extraterritorial Jurisdiction Planning District Central Business District Proposed Harbor Bridge Alignment PLAN CC COMPREHENSIVE PLAN57 Future Land Use --IVA 1,l• N N N 0 [Planning Commission: Designate the land around Ship Channel as Light and Heavy Industrial, matching the current adopted Future Land Use Map.] [Planning Commission: Reduce the Flood Plain Conservation area (revert to the area known as "Conservation/ Preservation" in the current adopted Future Land Use Map. This affects land mostly on the Laguna Madre and Oso Creek/Bay.] ■ 58 Downtown Future Land Use FUTURE LAND USE Downtown Planning District =Mixed Use Agriculture/Rural Enterprise =Commercial =Government =Institutional ®Heavy Industrial Light Industrial Low -Density Single -Family Residential Medium -Density ,;t' Residential Il;e-Beihit1S;nylt fe ;lr R s;J t;al =Mxltifaxxty High Density Residential =Transition Aviation Special District Transition Spcci3I District Transportation Planned Development Permanent Open Space Flood Plain Conservation Water 100 -Year Flood Plain 1::, City Limit Extraterritorial Jurisdiction D Planning District ^J Central Business District Proposed Harbor Bridge Alignment 59 Westside Planning District Eliminate the Transition Special District and revert areas back to the currently adopted Future Land Use Map designations. spy iviv 0 0.5 1 1.5 Miles FUTURE LAND USE Westside Planning District Mixed Use Agriculture/Rural Enterprise =Commercial =Government =Institutional =Heavy Industrial Light Industrial Low -Density Single -Family Residential Medium -Density Single -Fan 4y Residential ® Maki#enri1y High -Density Residential ®Transition Aviation SpecialiDistrict Transportation Planned Development Permanent Open Space Flood Plain Conservation Water 100 -Year Flood Plain I, City Limit Extraterritorial Jurisdiction Planni g District ^J Centra Business District Proposed Harbor Bridge Alignment Better distinguish Flood Plain Conservation from Permanent Open Space 60 Midtown Planning District Future Land Use Better distinguish Flood Plain Conservation from Permanent Open Space 5 S 98z. s1 all tU :11 kl I B1i1--1 61 Southside Planning District Future Land Use [Planning Commission: Reduce the Flood Plain Conservation area (revert to the area known as "Conservation/Preservation" in the current adopted Future Land Use Map. This affects land mostly on the Laguna Madre and Oso Creek/Bay.] P. 0011 Legend: Better distinguish Flood Plain Conservation from Permanent Open Space all ill :11 kl I Blil--1 62 Flour Blu,Planning District [McIntyre: Remove Turtle Cove neighborhood from the Transition Special Aviation District and designate as medium - density residential] n WOOLDRIDGE YORKTOWN BLVD [McIntyre: Designate properties along Laguna Shores Road as commercial/multifamily according to the current adopted Future Land Use Map rather than as Flood Plain Conservation (consistent with Planning Commission's Recommendation)] 0 0.5 1 1.5 Miles FUTURE LAND USE Flour Bluff Planning District • Mixed Use Agriculture/Rural Enterprise =Commercial I 1Government =Institutional =Heavy Industrial Light Industrial Low -Density i Snges �=Family Residential Medium -Density Simile—Family Residential Multifamily High -Density Residential Transition Aviation Special District TraacitioR Spa•'a' D'ctAct Transportation Planned Development Permanent Open Space Flood Plain Conservation Water 100 -Year Flood Plain r� City Limit Extraterritorial Jurisdiction = Planning District ^J Central Business District Proposed Harbor Bridge Alignment [Planning Commission: Better distinguish Flood Plain Conservation from Permanent Open Space 63 Padre/Mustang Planning District Future Land Use PC: Add missing land masses and designate as medium -density residential PC: Change to Planned Development PC: Change to Planned Development PC: Change to Planned Development PC: Change golf course property to Permanent Open Space • PC : Change to Mixed Use PC: Change to Mixed Use PC: Change to Planned Development PC: Change to Planned Development PC: Change Cape Summer to Planned Development n Staff: Change the left out parcels in the Jones Tract to Planned Development 0 0.5 1 1.5 Miles FUTURE LAND USE Padre Island/ Mustang Island Planning District Mixed Use Agriculture/Rural Enterprise =Commercial =Government =Institutional =Heavy Industrial IL Light Industrial Low -Density Single -Family Residential Medium -Density f Residential !CHI. Dc. 3;tr S;eyl,, ren.;IrRee;de„t;el =MekifetwiIymin h-Densitv Residential =Transition Aviation Special District .Transition Special District =Transportation =Planned Development 7Permanent Open Space Flood Plain Conservation Water 100 -Year Flood Plain I, City Limit Extraterritorial Jurisdiction MI Planning District Mt Central Business District Proposed Harbor Bridge Alignment Better distinguish Flood Plain Conservation from Permanent Open Space 64 CC Airport Planning District Future Land Use S -"\- \ \' Y T lI pL \ 63 Legend: Better distinguish Flood Plain Conservation from Permanent Open Space E [Staff: Change to Light Industrial] t 11 all tU :11 kl I B1i1--1 65 Northwest Planning District Future Land Use Legend: Better distinguish Flood Plain Conservation from Permanent Open Space E 70 i O R A C _ ay. 'y T d d R d R>> C _ 9 9 C y " E c 'y C d 9 O E C O T— 9 L O all tU :11 kl 19111` 66 Chapman Ranch Planning District Future Land Use Legend: Better distinguish Flood Plain Conservation from Permanent Open Space trite Residential all U :11 kl 1 B1ii� 67 Lend © MANI, ttetiSti TY will peaal Hazard 2oi.0 11 Ar IM PO G 1.75 2.S 5 7.s 1 PrreFir l nary Flood Insurance Rate Map May, 2018 C•l E 8 8 5I 1C91, .8 Stewardship and Implementation of the Plan This element focuses on implementation of the plan. The first focuses on how to make Plan CC a "living" plan that is used, implemented, monitored and regularly updated, including organizational and incentive strategies to advance implementation. Although there is more focus on goals that the City of Corpus Christi government can accomplish, many goals will also need the participation of private -sector partners. PLAN CC COMPREHENSIVE PLAN69 Element 8 - Stewardship & Implementation of the Plan Goals and Strategies GOALS STRATEGIES FOR DECISION MAKERS 1. A new, long-range planning system is in place. 2. The comprehensive plan, area development plans, utility and transportation master plans are subject to regular public review of progress. 3. A new Planning Department is in place. 4. The City has enhanced and new tools to implement the plan. 1. Establish a comprehensive plan system based on a twenty-year time horizon. 2. Require that Area Development Plans and Specific 3. Plans reflect the vision and goals of the overall comprehensive plan. 4. Amend planning ordinances to reflect the new type of comprehensive planning system. 1. Establish public review of progress in implementing the plan. 2. Review and update the plan on an annual basis, identifying short-, medium-, and long-term goals with specific objectives. 1. Give the Planning Department a proactive role in coordinating initiatives to implement comprehensive and other plans. 1. Make City programs and resources consistent with implementation of Plan CC. 2. Use incentives strategically to create a critical mass of improvements in designated areas. 5. Implementation of the comprehensive 1. Use the plan in preparing and approving other planning plan is incorporated in decision- and implementation activities by City agencies. making at multiple levels. 6. The City has expanded funding options to achieve the goals. 1. Use the funding approach that fits the goal. 2. Consider new revenue strategies to meet capital and operational needs in the future. 3. Build relationships with government funders and philanthropies. 4. Actively pursue grants to assist in implementation of the comprehensive plan. 70 1 PLAN CC COMPREHENSIVE PLAN PLAN CC COMPREHENSIVE PLAN PLAN CC COMPRE HPWSIVP PLAN CITY OF CORPUS CHRISTI, TEXAS I ADOPTED XXXX 2016