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Agenda Packet City Council - 09/20/2016
Tuesday, September 20, 2016 Corpus Christi Meeting Agenda - Final City Council 11:30 AM 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com 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 Rob Bailey, Southside Community Church. C. Pledge of Allegiance to the Flag of the United States to be led by Daniel McGinn, Interim Director of Development Services and Assistant Director ESI, Development Services. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 16-1115 Proclamation declaring September 17, 2016, "Mission of Mercy Mobile Medical Program Clinic Day". Proclamation declaring September 24, 2016, "Coastal Bend Walk'N Roll Celebration for Disability Awareness Day". Proclamation declaring October 1, 2016, "Corpus Christi Heart Walk Day". Proclamation declaring October 2016, "The Official Kickoff of the 2017 United Way of the Coastal Bend Annual Campaign". Corpus Christi Page 1 Printed on 9/19/2016 City Council Meeting Agenda - Final September 20, 2016 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER H. CITY SECRETARY'S REPORT a. Resignation of Council Member Mark Scott I►yill►Lit 9;&13 2. 16-1120 Regular Meeting of September 13, 2016. Attachments: Minutes - September 13, 2016.pdf J. BOARD & COMMITTEE APPOINTMENTS: 3. 16-1116 Citizens Advisory Health Board Coastal Bend Council of Governments Ethics Commission Library Board Transportation Advisory Commission Corpus Christi Page 2 Printed on 9/19/2016 City Council Meeting Agenda - Final September 20, 2016 K. L. CI 5. Attachments: Citizens Advisory Health Board.pdf Coastal Bend Council of Governments.pdf Ethics Commission.pdf Library Board.pdf Transportation Advisory Commission.pdf 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. CONSENT AGENDA: (ITEMS 4 - 21) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 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 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 Corpus Christi Page 3 Printed on 9/19/2016 City Council Meeting Agenda - Final September 20, 2016 1.1 7. 8. 16-0986 ii M. IIII-V 16-1030 year. Attachments: Agenda Memo - Fire Department Medications Bid Tab - Fire Department Medications Supply Agreement - Fire Department Medications Form 1295 - Fire Department Medications.pdf 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 Trimming.pdf Approving a Manager -At -Risk Agreement for the Construction of Fire Station 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) Attachments: Agenda Memo - New Fire Station 18 Project Budget - New Fire Station 18 Location Map - 5246 New Fire Station Form 1295 Barcom Presentation - New Fire Station 18 Contract for base bid for the 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 2012, Proposition 4) Corpus Christi Page 4 Printed on 9/19/2016 City Council Meeting Agenda - Final September 20, 2016 9. 10 11 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 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 - CH21VI Hill Presentation Flato Road 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 of direct state costs. Attachments: Agenda Memo - Holly Road Imps from SH286 to Greenwood.docx Resolution - Holly Road Imps from SH286 to Greenwood.docx Prosect 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 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. Corpus Christi Page 5 Printed on 9/19/2016 City Council Meeting Agenda - Final September 20, 2016 12 13 16-1009 `DKIN:N3 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 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 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 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. Corpus Christi Page 6 Printed on 9/19/2016 City Council Meeting Agenda - Final September 20, 2016 14. 15 16 Attachments: Agenda Memo - Cefe Outfall Mods Project Budget - Cefe Valenzuela Outfall Form 1295 Bridges Specialties Location Map - Cefe Valenzuela Outfall Presentation - Cefe Valenzuela Outfall 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 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. Attachments: Agenda Memo - Score Resolution - SCORE Agreement - SCORE Project Support Agreement - SCORE 16-1021 Second Reading Ordinance - Accepting a grant for the 2017 Comprehensive Selective Traffic Enforcement Project (STEP) (1 st Reading 9/13/16) 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 Corpus Christi Page 7 Printed on 9/19/2016 City Council Meeting Agenda - Final September 20, 2016 $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 17. 16-1032 Second Reading Ordinance - Accepting a grant for the FY 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Program (1st Reading 9/13/16) 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 18. 16-1019 Second Reading Ordinance - Accepting a grant of the Laboratory Response Network (LRN)-Public Health Emergency Preparedness (PHEP) (1st Reading 9/13/16) 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. 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 19. 16-1038 Second Reading Ordinance - Construction contract for the East General Aviation (GA) Apron reconstruction at the Corpus Christi International Airport (CCIA) (1st Reading 9/13/16) Corpus Christi Page 8 Printed on 9/19/2016 City Council Meeting Agenda - Final September 20, 2016 20. 21 16-0752 ii M-18YZ111 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 Second Reading Ordinance - Type A Grant for Texas A&M University -Corpus Christi to expand undergraduate degrees in civil and industrial engineering (1st Reading 9/13/16) 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. Attachments: Agenda Memo - Texas A&M Ordinance - TAMU-CC Agreement - TAMU-CC Business Support Agreement - TAMU-CC 05 02 16 Second Reading Ordinance - Transferring utility easements on City -owned tracts to Electric Transmission Texas, LLC, for construction of a 138 kilovolt electric power transmission line (1 st Reading 9/13/16) Corpus Christi Page 9 Printed on 9/19/2016 City Council Meeting Agenda - Final September 20, 2016 161 22. 23. 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 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 - 2nd Reading ETT Easement on Flour Bluff Drive 2nd Reading Ordinance authorizing utility easements NB34a Tract 34a City of Corpus Christi NB53 Report Tract 53 City of Corpus Christi Map - Route 11 Underground EXECUTIVE SESSION: (ITEMS 22 - 23) 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. 16-1121 Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining matters, (including litigation) and contract grievances between the City of Corpus Christi and the Corpus Christi Professional Firefighters' Association with possible discussion, resolution(s) and other actions in open session concerning any matters related thereto, including possible resolution giving the City Manager authority to enter into a Collective Bargaining Agreement with the Corpus Christi Professional Firefighters' Association. 16-1136 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 litigation related to the New Broadway Wastewater Treatment Plant, including Graham Construction Services, Inc. v. City of Corpus Christi and other actions in open session concerning matters related thereto including Motion(s) to authorize the execution of agreements and encumbrance of funds for legal, engineering, and other professional consulting and/or expert witness services and associated court reporter, copy, and travel costs for the aforementioned lawsuit with the law firms of Coats Rose and Corpus Christi Page 10 Printed on 9/19/2016 City Council Meeting Agenda - Final September 20, 2016 N. 24 25 Hartline Dacus Barger Dreyer, LLP and the consulting/engineering/expert firms of Navigant Consulting, Inc. (in addition to previously authorized funding for said entity), Scott Hibbs, PE and/or Enprotec / Hibbs &Todd, Inc. PUBLIC HEARINGS: (ITEMS 24 - 27) 16-1063 Public Hearing and First Reading Ordinance - Rezoning property located at 1617 Paul Jones Avenue Case No. 0816-04 MBA -Mi Mundo Daycare, LLC: A change in zoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District in reference to Peary Place Annex "D", located or the west side of Paul Jones Avenue between Brittany Drive and Argonne Drive. Planninq Commission and Staff Recommendation (August 24, 2016): Approval of the rezoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by MBA -Mi Mundo Daycare, LLC, on behalf of BAPS Corpus Christi, LLC ("Owner") by changing the UDC Zoning Map in reference to Peary Place Annex "D", from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - 0816-04 MBA -Mi Mundo Daycare, LLC Ordinance - 0816-04 MBA -Mi Mundo Daycare, LLC all Aerial Maps - 0816-04 MBA -Mi Mundo Daycare, LLC Zonina Report - 0816-04 MBA Mi Mundo Davcare. LLC all 16-1064 Public Hearing and First Reading Ordinance - Rezoning property located at 3113 S. Port Avenue Case No. 0816-01 Maria G. Lopez: A change in zoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District in reference to a 0.037 acre tract of land, described as the remainder of lot 2, Block 6 of the San Diego Addition Unit 1, located on the east side of Niagara Street between Guadalupe Street and Nogales Street. Planninq Commission and Staff Recommendation (August 24, 2016): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District. Ordinance: Corpus Christi Page 11 Printed on 9/19/2016 City Council Meeting Agenda - Final September 20, 2016 Ordinance amending the Unified Development Code ("UDC'), upon application by Maria G. Lopez ("Owner"), by changing the UDC Zoning Map in reference to a 0.037 acre tract of land, described as being the remainder Lot 2, Block 6 of the San Diego Addition Unit 1, from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - 0816-01 Maria G. Lopez (3113 South Port Avenue) Ordinance - 0816-01 Maria G. Lopez all Aerial Maps - 0816-01 Maria G. Lopez Zoning Report - 0816-01 Maria G. Lopez (3113 South Port Avenue) all 26. 16-1079 Public Hearing and First Reading Ordinance - Rezoning property located at 5702 Corsica Road Case No. 0716-06 Corner Strong, Ltd.: A change of zoning from the "CN -1" Neighborhood Commercial District and "CG -2" General Commercial District to the "CG -2" General Commercial District. The property is described as being a 4.99 -acre tract of land of which 4.52 acres is out of Lots 17, 18, 31 and 32, Section 11, Flour Bluff and Encinal Farm Garden Tracts and 0.47 acres is out of Lot 11, Block 2, Barclay Grove Unit 11, located on the east side of South Staples Street (FM 2444) between Corsica Road and Timbergate Drive. Plannina Commission and Staff Recommendation (Auaust 24. 2016): Denial of the change of zoning from the "CN -1" Neighborhood Commercial District and the "CG -2" General Commercial District to the "CG -2" General Commercial District, and, in lieu thereof, approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit, subject to the Owner complying with eleven (11) conditions and the conceptual site plan. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Corner Strong, Ltd ("Owner"), by changing the UDC Zoning Map in reference to a 4.99 -acre tract of land of which 4.52 acres is out of Lots 17, 18, 31 and 32, Section 11, Flour Bluff and Encinal Farm Garden Tracts and 0.47 acres is out of Lot 11, Block 2, Barclay Grove Unit 11, from the "CN -1" Neighborhood Commercial District and "CG -2" General Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Corpus Christi Page 12 Printed on 9/19/2016 City Council Meeting Agenda - Final September 20, 2016 27. C 28 29 Attachments: Agenda Memo Report for CC 0716-06 Corner Strong 08-19-2016 Ordinance -SP- Corner Strong, Ltd Ordinance -CG -2 - Corner Strong, Ltd Presentation -Corner Strong, Ltd. revised 8-19-2016 16-1099 Public Hearing and First Reading Ordinance - Plan CC, The City's Proposed Comprehensive Plan Ordinance adopting a new comprehensive plan for the City of Corpus Christi titled "Plan CC Comprehensive Plan"; providing that the adopted comprehensive plan shall amend, supersede, and replace the previous comprehensive plan titled "City of Corpus Christi Policy Statements: An Element of the Comprehensive Plan"; and providing for severance, publication and effective date. Attachments: Agenda Memo - Plan CC Public Hearing Ordianance Adopting Plan CC 2016 Plan CC PC Recommendation (Changes Shown) Plan CC PC Recommendation (Clean) Presentation - Plan CC Public Hearing REGULAR AGENDA: (ITEMS 28 - 29) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 16-1034 Second Reading Ordinance - Adopting the City of Corpus Christi Operating Budget for Fiscal Year 2016-2017 (1 st Reading 9/13/16) 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 Budget Schedule of Adjustments FY17 - 2nd Reading 16-1014 Second Reading Ordinance - Amending Chapter 21 of the Code of Ordinances (1st Reading 9/13/16) 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. Corpus Christi Page 13 Printed on 9/19/2016 City Council Meeting Agenda - Final September 20, 2016 I� 30. 31 32 Attachments: Agenda Memo - Solid Waste Ordinance Revisions .docx Ordinance - Chapter 21 Amendment vFina12 20160914 Presentation - 2nd Reading - Solid Waste Ordinance Changes(2) FIRST READING ORDINANCES: (ITEMS 30 - 36) 16-1104 First Reading Ordinance - Accepting and appropriating the Victims Of Crime Act (VOCA) Outreach Program Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $179,149.24 to continue the Victims of Crime Act (VOCA) Outreach Program within the Police Department with a City match of $21,340 and an in-kind match of $40,480 from the No. 1020 Police General Fund; appropriating the $179,149.24 in the No. 1061 Police Grants Fund for the VOCA Outreach grant in the Police Department; and authorizing the transfer of $21,340 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $240,969.24. Attachments: Agenda memo - VOCA outreach approp 09.20.2016 Ordinance - VOCA Outreach grant 2016 - Police Award letter 2677104 16-1097 First Reading Ordinance - Amending City Code regarding Employee Health Plan Ordinance amending Section 39-309 of the Corpus Christi Code of Ordinances to change employee contribution for health plan coverage and remove Citicare Premium Plan; and providing for severance and an effective date. Attachments: Agenda Memo - Ins. Premium Ordinance Change Rev. Ordinance - Amending Insurance Premiums Rev. 16-1062 First Reading Ordinance Appropriating Fund Proceeds for Fiscal Year 2015-2016 Ordinance appropriating amounts of: (a) $12,448.80; (b) $634,195.66 (c) $970,898.79; (d) $87,186.67; and (e) $66,872.15 into the Airport CIP, Bond Proceeds, Utility Revenue Bond, Specialty Bond Proceeds and other Unappropriated Funds, respectively, for the following purposes: City's match for future FAA Grant Projects, Bayfront, Public Facilities, Fire, Police, Public Health and Safety, Sanitary Landfill, Library, Convention Center, Parks, and Streets, and as further detailed in Attachment 1; changing the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase expenditures accordingly. Corpus Christi Page 14 Printed on 9/19/2016 City Council Meeting Agenda - Final September 20, 2016 33 34 35 16-0971 ii M-18111161 iiM- SMK3 Attachments: Agenda Memo - Interest Appro Appropriations 2016 Ordinance - Interest Appro First Reading Ordinance - Disannexation of CITGO Owned Property and Creation of new Industrial District Agreement Ordinance disannexing from the City of Corpus Christi, Texas, an approximately 54.35 -acre tract of land and an approximately 3.89 -acre tract of land, both owned by CITGO Refining and Chemicals Company, L.P., and located in Nueces County; adjusting the City boundaries; amending ordinance no. 029958 by adjusting the boundary of the City's Industrial District No. 1 to include the disannexed tracts; authorizing the City Manager, or designee, to execute an industrial district agreement with CITGO Refining and Chemicals Company, L.P., requiring the payment in lieu of taxes in an amount equal to 100 percent of the ad valorem taxes that would be due if the tracts were in city limits, and to file the industrial district agreement in the official records of Nueces County; providing for publication; and providing for severance. Attachments: Agenda Memo - CITGO Disannexation IDA 6B Ordinance - CITGO - IDA 6B Attachment showing Tract A Attachment Showing Tract B Attachment showing boundary of ID1 Industrial District Agreement 6B Form 1295 Citgo Presentation - CITGO Disannexation IDA 6B First Reading Ordinance - Approving the Second Amendment to TIRZ #3 Amended Project and Financing Plan Ordinance approving the second amendment to the Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan approved by the Board of Directors of Reinvestment Zone Number Three, Corpus Christi, Texas, on August 23, 2016. Attachments: Agenda Memo - 2nd Amendment to TIRZ #3 Project & Financing Plan Ordinance - 2nd Amendment to Project Plan Exhibit A - 2nd Amended TIRZ #3 Project & Financing Plan First Reading Ordinance - Lease Agreement for Regional Youth Sports Complex Ordinance authorizing the City Manager to execute forty -year lease agreement with SQH Sports & Entertainment, Inc. For lease of approximately 68 acres located near intersection of state highway 286 Corpus Christi Page 15 Printed on 9/19/2016 City Council Meeting Agenda - Final September 20, 2016 36 37. 38 and FM 43 for construction and operation of a regional youth sports complex, including right of first refusal on adjacent 30 acre tract; and providing for publication. Attachments: Agenda Memo - RYSC Ordinance - RYSC Proposed Layout of RYSC Presentation - RYSC SQH Contract 13SEP2016 (3) 16-1110 First Reading Ordinance - FY17 Community Youth Development Program Contract Extension Amendment Ordinance ratifying execution of Community Youth Development program contract extension amendment with Texas Department of Family and Protective Services from September 1, 2016 to May 31, 2017 in the amount of $355,156.38; authorizing appropriation in the No. 1060 Grants Fund for the Community Youth Development Program; and authorizing extension of subcontracts with Youth Odyssey, SERCO of Texas, Communities in Schools, and Boys & Girls Club of Corpus Christi. Attachments: Agenda memo - CYD Grant Extension2 Ordinance - CYD Grant Extension2 Amendment Ltr and Docs - FY 17 City of Corpus Christi FUTURE AGENDA ITEMS: (ITEMS 37 - 58) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 16-1144 Resolution to submit a proposal for the FY2016-2017 Community Youth Development Program Resolution authorizing the City Manager to submit a proposal to the Texas Health and Human Services Commission for the Community Youth Development Program. Attachments: Agenda Memo - CYD Proposal Resolution - CYD Proposal RFP No. 530-17-0002 16-1077 Purchase of ammunition for the Police Department Motion approving the purchase of ammunition from Precision Delta, of Ruleville, Mississippi and GT Distributors, Inc., of Austin, Texas for a total amount of $74,732.40. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. Corpus Christi Page 16 Printed on 9/19/2016 City Council Meeting Agenda - Final September 20, 2016 39. 40 41 16-1082 16-1066 16-1065 Precision Delta .40 caliber ammunition $24,960.00 GT Distributors, Inc. .223 riffle ammunition $49,772.40 Total $74,732.40 Attachments: Agenda Memo -Ammunition Price Sheet - Ammunition Resolution authorizing the purchase of Handheld Ticket Writers, Printers and Components for the Police Department Resolution authorizing the City Manager, or designee, to purchase handheld ticket writers, related components, and licenses for Police Department vehicles from Tyler Technologies, of Dallas, Texas, for a total cost of $81,252.00 with funding available in the FY2015-2016 Crime Control and Prevention District Fund, and additionally authorizing payment and continual renewal of necessary software licenses in an amount not to exceed $25,000.00 annually, subject to budget approval and sufficient future appropriations. Attachments: Agenda Memo - Ticket Writers Resolution Sole Source Ticket Writers vFinal 20160914 (2) Price Sheet - Ticket Writers Purchase of playground equipment and installation for Parker Park (Bond 2012) Motion approving the purchase of playground equipment and installation for Parker Park from T.F. Harper & Associates LP, of Austin, Texas for a total amount not to exceed $157,794.00. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. Funding for this purchase is from Bond 2012 for Parker Park funds and FY 2015-2016 Community Enrichment funds. Attachments: Agenda Memo - Playground Equip and Installation at Parker Park Price Sheet - Playground Equip and Installation at Parker Park.xlsx Service Agreement - Playground Equip and Installation at Parker Park Form 1295 - Playground Equip and Installation at Parker Park.pdf Purchase of two Ford Transit Cargo Vans for the Police Department Motion approving the purchase of two Ford Transit Cargo Vans from Caldwell Country Ford, of Caldwell, Texas for a total amount of $96,381.06. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. Funds have been set aside by Fleet Maintenance Service in FY15-16. Corpus Christi Page 17 Printed on 9/19/2016 City Council Meeting Agenda - Final September 20, 2016 El 43 44 45 Attachments: Agenda Memo - Cargo Vans Price Sheet - Cargo Vans 16-1083 Purchase of six 2017 Ford Fusions for the Fire Department Motion approving the purchase of six 2017 Ford Fusions from Caldwell Country Ford, of Caldwell, Texas for a total amount of $151,617.10. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. Attachments: Agenda Memo - Ford Fusions Price Sheet - Ford Fusions 16-1084 Lease -Purchase of two Slope Tractor Mowers for the Parks and Recreation Department Motion approving the lease -purchase of two Slope Tractor Mowers from Alamo Industrial, of Seguin, Texas for a total amount of $365,600.00. $51,000.00 will be paid out of FY2015-2016 funds, leaving $314,600.00 to be lease -purchased with allowing interest of $23,706.00 for a total not to exceed $389,306.00. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. Two Slope Tractor Mowers Total Non -financed: $51,000.00 Total Lease -Purchase: $314,600.00 Total Allowable Interest for Lease: $23,706.00 Not To Exceed Grand Total: $389,306.00 Attachments: Agenda Memo - Slope Tractor Mowers Price Sheet - Slope Tractor Mowers 16-1101 Purchase of four John Deere Mowers for the Parks and Recreation Department Motion approving the purchase of four John Deere Mowers from Deere and Company, of Cary, North Carolina, for a total amount of $73,319.40. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. Attachments: Agenda Memo - John Deere Mowers Price Sheet - John Deere Mowers 16-1078 Purchase of one Truck Mounted Excavator for Utilities and Streets Operations Motion approving the purchase of one Truck Mounted Excavator from Corpus Christi Page 18 Printed on 9/19/2016 City Council Meeting Agenda - Final September 20, 2016 46 47 48 49 Waukesha -Pearce Industries Inc., of Corpus Christi, Texas for a total amount of $311,357.98. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. Attachments: Agenda Memo - Truck Mounted Excavator Price Sheet - Truck Mounted Excavator 16-1080 Purchase of 15 Vehicles for Utilities and Street Operations Motion approving the purchase of 15 vehicles from Caldwell Country Automotive, of Caldwell, Texas for a total amount of $461,870.00. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative, dba Buyboard. Funds for the purchase of the vehicles have been budgeted in FY 2015-2016. Attachments: Agenda Memo - Vehicles for Utilities Price Sheet - Vehicles for Utilities.xlsx 16-1058 Purchase of one 2016 Self -Propelled Chipspreader for Street Operations Motion approving the purchase of one 2016 Etnyre Self -Propelled Chipspreader from Cooper Equipment Company, of San Antonio, Texas for a total amount of $282,633.00. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. Attachments: Agenda Memo Self -Propelled Chipspreader Price Sheet - Self -Propelled Chipspreader 16-1057 Purchase of one Deere 410L, Backhoe with a Jackhammer for Street Operations Motion approving the purchase of one Deere 410L, Backhoe with a Jackhammer from Doggett Heavy Machinery Services LTD., of Corpus Christi, Texas for a total amount of $100,673.00. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. Attachments: Agenda Memo - Backhoe with Jackhammer Price Sheet - Backhoe with Jackhammer COF 12430 Org budget 16-1057.pdf 16-1041 Lease -Purchase of two Truck Mounted Excavators for Storm Water Department Motion approving the lease -purchase of two Truck Mounted Excavators from Waukesha -Pearce Industries Inc., of Corpus Christi, Texas for a total amount not to exceed $735,750.04. The award is based on the Corpus Christi Page 19 Printed on 9/19/2016 City Council Meeting Agenda - Final September 20, 2016 50 51 52 16-1081 16-1095 16-0624 cooperative purchasing agreement with Texas Local Government Purchasing Cooperative (TLGPC), dba BuyBoard. Total Lease -Purchase Price: $690,478.26 Total Allowable Interest for Lease: $45,271.78 Grand Total: $735,750.04 Attachments: Agenda Memo - Truck Mounted Excavators Price Sheet - Truck Mounted Excavators COF - Truck Mounted Excavators Purchase of one Deere 524K, Front End Loader for the Storm Water Department Motion approving the purchase of one Deere 524K, Front End Loader from Doggett Heavy Machinery Services LTD., of Corpus Christi, Texas for a total amount of $119,882.00. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. Attachments: Agenda Memo - Front End Loader Price Sheet - Front End Loader Purchase of Vehicle Alignment Equipment for Fleet Maintenance Services Motion approving the purchase of Vehicle Alignment Equipment from Mohawk Resources LTD, of Amsterdam, New York for a total amount of $56,167.93. The award is based on the cooperative purchasing agreement with Houston -Galveston Area Council. Funds have been set aside by Fleet Maintenance Services in FY15-16. Attachments: Agenda Memo - Vehicle Alignment Equipment Price Sheet - Vehicle Alignment Equipment Engineering Design Contract for Elevated Water Storage Tanks - Citywide (Alternative Capacity Requirement Implementation) Motion authorizing the City Manager or designee to execute an Engineering Design contract with LNV, Inc. of Corpus Christi, Texas in the amount of $672,034 for the Elevated Water Storage Tanks - Citywide (Alternative Capacity Requirement Implementation) for design, bid and construction phase services. Corpus Christi Page 20 Printed on 9/19/2016 City Council Meeting Agenda - Final September 20, 2016 53 54 611 16-1117 16-1146 16-0934 Attachments: Agenda Memo - Elevated Storage Tanks Project Budget - Elevated Storage Tanks Location Map - Elevated Storage Tanks Contract - Elevated Storage Tanks Presentation - Elevated Storage Tanks Pressure Zone Map - Elevated Storage Tanks Form 1295 - Elevated Storage Tanks Engineering Services for Street Preventative Maintenance Program (SPMP) for FY 2016-2017 Motion authorizing the City Manager, or designee, to execute a construction materials testing agreement with Rock Engineering of Corpus Christi, Texas for $98,035 and professional services contract with LNV, Inc. of Corpus Christi, Texas in the amount of $676,269 for 2016 and 2017 projects in the Citywide Street Preventative Maintenance Program. (SPMP) Attachments: Agenda Memo SPMP Year 4 Project Budget - SPMP Year 4 Amendment No 1 LNV Form 1295 LNV Amendment 1 Rock Form 1295 Rock COF budget 12415 Org - 16-1117.pdf Resolution approving a service agreement for Police and Municipal Court Parking Lot Improvements Phase 2 Resolution authorizing the City Manager, or designee, to execute a service agreement with Total Protection, of Corpus Christi, to furnish and install access control gates for the parking area at the Police and Municipal Court Building for a not to exceed amount of $114,543.32, with funding available in the FY2015-2016 General Fund and Facilities/Property Mgmt Fund. Attachments: Agenda Memo Police and Municipal Court Parking Project Ph 2 Resolution Sole Source Police Bldg Access Control Gates vFinal 20160915 Signed Service Agreement 1295 Form for Police Parking Lot COF budget 11870 Org - 16-1146.pdf Purchase of one DRI -Rime CD300M Electric Pump and one 200 HP Variable Frequency Drive for O.N. Stevens Water Treatment Plant Motion approving the purchase of one DRI -Prime CD300M Electric Corpus Christi Page 21 Printed on 9/19/2016 City Council Meeting Agenda - Final September 20, 2016 I•41 57. 58. 16-1108 16-1027 16-1025 Pump and one 200 HP Variable Frequency Drive from Godwin Pumps of Corpus Christi, Texas for a total amount not to exceed $88,299.45. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council (H -GAC). Funds have been set aside by the Water Department in FY2015-2016. DRI -Prime CD300M Electric Pump 200 HP Variable Frequency Drive $54,969.20 $30,930.25 Purchase Price: $85,899.45 Inbound Freight: $2,400.00 Total Amount: $88,299.45 Attachments: Agenda Memo - Godwin Electric Pump Price Sheet - Godwin Electric Pum COF - Godwin Electric Pump One Year Microsoft Office License Subscription Purchase Motion authorizing the City Manager, or designee, to execute a one-year Microsoft Office E3 license subscription with Software House International (DIR-SDD-2503) for $133,747.20. Attachments: Agenda Memo - Microsoft 03 Subscription SHI Quote -12163732 Passenger Facility Charge (PFC) Application No.3 for Runway Extension and Taxiway Project Grant Motion authorizing the City Manager or designee to submit Passenger Facility Charge (PFC) Application No.3 to the Federal Aviation Administration to allow for reimbursement of $9.2 million dollars in airport operating funds used to match Runway Extension and Taxiway Project grant monies. Attachments: Agenda Memo - PFC Application #3 PFC Application Packet Interlocal Agreement for the development of a Regional Hazard Mitigation Plan Motion authorizing the City Manager or designee to execute an Interlocal Agreement between the City, Nueces County and other participating local governments for the development of a Regional Hazard Mitigation Plan with a financial commitment not to exceed $6,500 for the development of the plan. Corpus Christi Page 22 Printed on 9/19/2016 City Council Meeting Agenda - Final September 20, 2016 N I•t7 60 S Attachments: Agenda Memo - Adopt HMAP interlocal & budget DRAFT Interlocal Agreement as of 090616 Fact Sheet - NFIP CRS May 03 2016 FEMA Award Nueces Co MAP 6 15 16 4223-008 Nueces County HMP Subaward 4224-008 Tentative Work Schedule HMAP PlanningTeam BRIEFINGS: (ITEMS 59 - 60) 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. 16-0919 Corpus Christi Regional Economic Development Corporation (CCREDC) September 2016 Economic Update (Q3 2016) Attachments: Agenda Memo - CCREDC Presentation - September 2016 Economic Update 16-1134 Wastewater Management Plan Attachments: Agenda Memo - Wastewater Management Plan ADJOURNMENT Corpus Christi Page 23 Printed on 9/19/2016 Tuesday, September 13, 2016 I_1 B C 91 E 1 Corpus Christi Meeting Minutes City Council 11:30 AM 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order. Invocation to be given by Pastor Kenneth Mutchler, Immanuel Fellowship. Pastor Kenneth Mutchler gave the invocation. Pledge of Allegiance to the Flag of the United States to be led by Lawrence Mikolajczyk, Director of Solid Waste Operations. Council Chambers Director of Solid Waste Operations Lawrence Mikolajczyk led the Pledge of Allegiance. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. 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 Proclamations / Commendations Proclamation declaring September 13, 2016, "International Literacy Day". Mayor Martinez presented the proclamation. Corpus Christi Page 1 Printed on 9/16/2016 City Council Meeting Minutes 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: Mayor Martinez deviated from the agenda and referred to City Manager's Comments. City Manager Margie C. Rose reported on the following topics: a. OTHER 1) The Solid Waste Services Department and Boy Scouts of America, South Texas Council, are teaming up to host the 2016 Beach Clean-up and Fishing Derby at Packery Channel Park on Saturday, September 17, 2016 beginning at 8:00 a.m. Solid Waste staff will provide all cleaning supplies and reusable trash bags and will pick up compiled trash after the event. Interested individuals can contact Solid Waste Services at 361-826-1965 for more information regarding this event. 2) The City of Corpus Christi Public Libraries are stepping in to help fight hunger during its 4th Annual Food for Fines Drive. September is Hunger Action month and throughout the month, all public libraries will accept non-perishable cans or packaged food to clear overdue library fines. Each donated item will clear $1 in overdue fines and all food donations collected will be given to the Food Bank of Corpus Christi. More information can be obtained at www.cclibraries.com. 3) The Bond 2014 Santa Fe Street Reconstruction is near completion. Voters approved this project and it received a full -depth repair from Elizabeth Street to Hancock Street. The reconstruction of this street included replacing two- and three -lane roads, curb and gutter, new sidewalks and ADA ramps, and utility upgrades for water and stormwater. 4) The Corpus Christi-Nueces County Public Health District was recently awarded a $50,000 grant for receiving Gold Level recognition by the Texas Health Communities Program. H. MINUTES: 2. Regular Meeting of August 30, 2016. Mayor Martinez referred to approval of the minutes. Council Member Garza made a motion to approve the minutes, seconded by Council Member Magill Corpus Christi Page 2 Printed on 9/16/2016 City Council Meeting Minutes September 13, 2016 and passed unanimously. I. BOARD & COMMITTEE APPOINTMENTS: 3. Animal Care Advisory Committee Corpus Christi Business Job and Development Corporation (Type A) Corpus Christi Convention and Visitors Bureau Mayor Martinez referred to board and committee appointments. The following appointments were made: Animal Care Advisory Committee Council Member McIntyre made a motion to realign Michelle Sanders from Animal Welfare/Shelter to Community At -Large and Samantha Person from Community At -Large to Animal Welfare/Shelter, seconded by Council Member Magill and passed unanimously. Corpus Christi Business and Job Development Corporation Council Member Magill made a motion to appoint Lee A. Trujillo, seconded by Council Member Rubio and passed unanimously. Corpus Christi Convention & Visitors Bureau Council Member McIntyre made a motion to reappoint 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), seconded by Council Member Magill and passed unanimously. J. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 4 - 12) 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 Garza, seconded by Council Member Magill, 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 Corpus Christi Page 3 Printed on 9/16/2016 City Council Meeting Minutes September 13, 2016 4. 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). 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. 0rriinance- 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030947 5. 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, 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030948 6. Second Reading Ordinance - Adoption of the 2015 International Corpus Christi Page 4 Printed on 9/16/2016 City Council Meeting Minutes September 13, 2016 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030949 7. 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 passed on the Consent Agenda. Enactment No: M2016-099 8. 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. This Motion was passed on the Consent Agenda. Enactment No: M2016-100 9. 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; Corpus Christi Page 5 Printed on 9/16/2016 City Council Meeting Minutes September 13, 2016 (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 passed on the Consent Agenda. Enactment No: 030950 10. 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 passed on the Consent Agenda. Enactment No: M2016-101 11. 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 passed on the Consent Agenda. Enactment No: M2016-102 12. 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 passed on the Consent Agenda. Enactment No: 030951 P. FIRST READING ORDINANCES: (ITEM 26) Corpus Christi Page 6 Printed on 9/16/2016 City Council Meeting Minutes September 13, 2016 26. 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. Mayor Martinez deviated from the agenda and referred to Item 26. Mike Culbertson, Corpus Christi Regional Economic Development Corporation (EDC), stated that the purpose of this to to provide a Type A grant to Texas A & M University - Corpus Christi (TAMU-CC) to expand their undergraduate degrees in civil and industrial engineering. TAMU-CC will supply matching funds and will, through this grant, be reimbursed for the purchase of equipment and laboratories. The project was recommended by the Board of Directors of the EDC and approved by the Type A Board. Council members and staff discussed the following topics: this investment being for the good of the community and industry and the importance of the City's support for this project. Council Member Hunter made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 N. REGULAR AGENDA: (ITEMS 17 - 18) 17. 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. Corpus Christi Page 7 Printed on 9/16/2016 City Council Meeting Minutes September 13, 2016 Mayor Martinez deviated from the agenda and referred to Item 17. City Secretary Rebecca Huerta stated that the purpose of this item is to discuss and consider an ordinance proposed by citizens through initiative proceedings to repeal the red light camera civil penalty of $75.00 against the owner of a motor vehicle who commits a red light camera violation. A statement of intent was provided to the City Secretary to circulate a petition to propose this ordinance. Per the City Charter, the City Attorney drafts the ordinance in legal form containing the substance of their statement, and the City Secretary presents the initiative for the City Council's consideration. The City Council has 45 days from the date of presentment, until October 14, 2016, to consider the ordinance as presented. If the City 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 the proposition on the ballot for the next regular city council election, which is in November of 2018. The City Council has three options: 1) Vote in support of the ordinance on first reading and second reading; 2) Vote against the ordinance; or 3) Postpone action on this item. Police Chief Mike Markle provided an overview of the potential implications, both financially and contractually of repealing the civil penalties including: the terms of the contract with Redflex Traffic Systems Inc.; the operational costs of the red light camera program; and how the revenue is used to operate traffic safety programs. The traffic safety programs include: funding 27 school crossing guards; flashing lights in school zones; technology to improve traffic enforcement and safety; traffic officer training; laser mapping equipment for crash investigations; electronic ticket writers; and vehicle detection systems for intersections. Chief Markle stated that the Police Department has begun a comprehensive review process of the red light camera program. Mayor Martinez called for comments from the public. Susie Luna Saldana, 4710 Hakel, spoke regarding the continuous flashing red light camera at Airline Road and McArdle Road and commented on the unprofessional manner in which alleged violaters are treated by the City staff administering the red light camera program. Margareta Fratila, 3606 Tripoli, who initiated the process to repeal the $75 civil penalty for red light camera violations, explained her reasons for bringing the issue forward and expressed that red light cameras are being used as source of revenue and not for safety purposes. Council members spoke regarding the following topics: the contract obligations; the data regarding the impact red light cameras have on safety; the statistics that will be evaluated as part of the comprehensive review; whether the registered owner of the vehicle is held responsible if another individual is driving the vehicle; the number of red light cameras and locations; a breakdown of the cameras by district; the red light cameras' influence on drivers' behavior; concerns with alleged violations relating to right turns at red lights; and a consensus among council members to wait for the results of the comprehensive review before making a decision on the red light camera program. No action was taken. Corpus Christi Page 8 Printed on 9/16/2016 City Council Meeting Minutes September 13, 2016 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Mayor Martinez deviated from the agenda and referred to comments from the public. John Kelley, 3621 Austin, spoke regarding Agenda Item 41, the briefing on the draft Plan CC Comprehensive Plan and public input provided during the process regarding sprawl and annexation. Claude Axel, 741 Crestview Drive, extended an invitation to the City Council to attend an event sponsored by the Corpus Christi Clergy Alliance, Homeless Connect, to be held Wednesday, September 14, 2016 beginning at 9:30 a.m. at the Mother Theresa Shelter and a luncheon at 12:00 p.m. at the Salvation Army. In response to a question from Mr. Axel, City Manager Margie C. Rose stated that the reserved rows in the Council Chambers are reserved for staff during the budget process and will be eliminated upon conclusion of the budget process. Abel Alonzo, 1701 Thames, spoke regarding the annexation of Chapman Ranch and council members that could have a conflict of interest. Tom Schmid, 201 Waldon Drive, Portland, Texas, presented a check to the City Manager on behalf of the Texas State Aquarium (Aquarium) for the bond project to improve the road between the Aquarium and the U.S.S. Lexington and spoke regarding the Aquarium's increased attendance; animals treated at the facility; and construction of the new showcase. Benjamin Dovalina, 7430 Sydney Street, spoke in support of removing red light cameras and stated that the red light cameras at Staples Street and Yorktown Boulevard and Ocean Drive and Doddridge Road are driving hazards. Susie Luna Saldana, 4710 Hakel, spoke in opposition to Agenda Item 21, the establishment of a resource recovery fee for hazardous cart collection. N. REGULAR AGENDA: (ITEM 18) 18. 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. Mayor Martinez deviated from the agenda and referred to Item 18. Director of Financial Services Constance Sanchez stated that the purpose of this item is to adopt the FY2017 property tax rate of $0.606264 per $100 valuation. Since this tax rate is above the effective tax rate by 4.01%, the City is required to disclose this information in the caption of the ordinance. The City is required to hold two public hearings which were held on August 23, 2016 and August 30, 2016. Mayor Martinez called for comments from the public. There were none. Council Member McIntyre made a motion that the property tax rate be Corpus Christi Page 9 Printed on 9/16/2016 City Council Meeting Minutes September 13, 2016 increased by the adoption of a tax rate of $0.606264 per $100 valuation, which is effectively a 4.01 percent increase in the tax rate, seconded by Council Member Garza. Council members and staff discussed the following topics: the difference between the effective tax rate and current tax rate; that approval of the current tax rate results in an increase in tax revenue that is needed to fund the budget; the tax rate remaining the same with additional revenue coming from the creation of additional tax base and increased property valuations; that approving the current tax rate will allow the City to maintain current service levels; the impact to services, especially Police, Fire, Parks and Recreation and Solid Waste Services, should the City Council support the effective tax rate; deliberation of the tax rate during the financial policies discussions; the City's need to address contractual obligations, competitive salaries, health care costs, and deferred maintenance of aging infrastructure; whether adopting the effective tax rate would effect both debt and maintenance and operations; the need for the City to live within its means; the reduction in the general fund for residential streets; and a future discussion to discuss increasing the amount allocated to maintenance and operations. Since there were members of the public that wanted to speak, Mayor Martinez called for comments from the public. Abel Alonzo, 1701 Thames, thanked the City Council for communicating with the public and thanked staff for their hard work on the budget. Damian Justice, 4606 Weiskopf Lane, spoke in support of the property tax rate. Rick Milby, 4421 High Ridge Drive, spoke in opposition to the tax rate and raising additional revenues through taxes and in favor of the City living within its means by cutting spending. This Ordinance was passed and approved on emergency with the following vote: Aye: 6 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member Rubio, Council Member Rosas and Council Member Scott Nay: 2 - Council Member Hunter and Council Member Vaughn Absent: 1 - Council Member McIntyre Abstained: 0 Enactment No: 030952 L. EXECUTIVE SESSION: (ITEMS 13 - 16) Mayor Martinez deviated from the agenda and referred to the day's executive sessions. The Council went into executive session. (Note: During this recess for executive sessions, only Item 13 was discussed. Items 14, 15, and 16 were discussed later in the meeting.) 13. 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. Corpus Christi Page 10 Printed on 9/16/2016 City Council Meeting Minutes September 13, 2016 T. BRIEFINGS: (ITEM 41) 41. Revised Draft of Plan CC, the City's Proposed Comprehensive Plan *This item will be presented at approximately 2:00 p.m.* Mayor Martinez deviated from the agenda and referred to Item 41. Annika Yankee, Development Services, introduced the presentation team: Interim Director of Development Services Daniel McGinn; Planning Commission Members Philip Ramirez, Chairman; Eric Villarreal, Vice -Chairman; and Carl Crull, Commissioner. Ms. Yankee stated that the purpose of this item is to brief the City Council on the last draft of Plan CC, summarize the Planning Commission's revisions, and present a schedule of upcoming City Council hearings. Plan CC is the City's proposed 20 -year comprehensive plan that would replace the current comprehensive plan that was adopted in 1987. A comprehensive plan is a city's general guide for how it should grow economically and physically. Ms. Yankee presented the following information: the proposed schedule to adopt the comprehensive plan; the process to -date; the contents of the plan including: the vision statement, guiding principles, goals and strategies, and future land use map; general changes requested by City Council; the documents presented for review; and Planning Commission's changes to the plan. The Planning Commission's changes included: general revisions; Element 1 - Natural Systems, Parks and Recreation: added a goal about reducing air pollution; Element 3 - Housing & Neighborhoods: added a goal about residential development in high-growth corridors; Element 4 - Economy & Workforce: increased discussion of military facilities, tourism/convention industry, and supporting the Port of Corpus Christi; Element 6 - Infrastructure, Facilities & Services: added a goal about equal provision of emergency services, added a goal about planning for infrastructure to accommodate infill, revitalization and new development, and added more specific strategies to update utility master plans; Element 7 - Future Land Use, Zoning & Urban Design: eliminated land use principles, added strategies about monitoring current development against infrastructure needs, and clarified the intent of well-designed neighborhoods and built environments, added strategy about land use compatibility around military installations, added a strategy about orderly growth, and eliminated the 1-37 Transition District from the Future Land Use Map, but kept a general goal stating transitions have occurred from residential to non-residential uses. Chairman Ramirez thanked Development Services' staff, the Planning Commission, and City Council for their hard work and dedication regarding this document. Chairman Ramirez highlighted the key changes: the elimination of confusing aspects of the plan; the ability to amend the document; and changing the name of the document to Plan CC. Council members and the presentation team discussed the following topics: the outstanding work performed by staff and the Planning Commission; the process to amend the documents; the timeframe for the area development plans; and future input from Padre Island and Flour Bluff residents for development of their respective area plans. Corpus Christi Page 11 Printed on 9/16/2016 City Council Meeting Minutes September 13, 2016 M. PUBLIC HEARINGS: (NONE) O. SPECIAL BUDGET RELATED ITEMS: (ITEMS 19 - 21) 19. 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. Mayor Martinez deviated from the agenda and referred to Item 19. City Manager Margie C. Rose stated that the purpose of this item is to hold the first reading of the proposed FY2017 Operating Budget. City Manager Rose stated that two amendments will be presented by staff. Interim Assistant Director of Management and Budget Christine Garza provided a summary of the schedule of adjustments since the public hearing. City Manager Rose stated that a letter was received from the Texas State Aquarium requesting $150,000 from the hotel occupancy tax (HOT) funds for marketing of the new wing of the facility. Council members spoke regarding the following topics: the parking funds that were forfeited by the Texas State Aquarium for North Beach improvements; and support for the Texas State Aquarium's request for HOT funds. Mayor Martinez called for comments from the public. Abel Alonzo, 1701 Thames, spoke in support of providing HOT funds to the Texas State Aquarium. Council Member Scott made a motion to amend the ordinance to include the schedule of adjustments and the funding for the Texas State Aquarium, seconded by Council member Rubio. The following topics regarding the motion were discussed: the adjustment for Parks and Recreation for latchkey operating expenses; how the parking fees are allocated and consideration to use those fees at North Beach; whether use of the HOT funds will affect funding for beach cleaning; and the HOT Fund's fund balance. The motion to amend was passed and approved with the following vote: Mayor Martinez, Council Members Rosas, Rubio, Scott, Vaughn, Garza, Hunter, and Magill, voting "Aye"; Council Member McIntyre - absent. Council Member Rubio made a motion to approve the ordinance as amended, seconded by Council Member Garza. This Ordinance was passed on first reading as amended and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member McIntyre Corpus Christi Page 12 Printed on 9/16/2016 City Council Meeting Minutes September 13, 2016 Abstained: 0 Council Member Garza made a motion to ratify adoption of the FY2016-2017 Operating Budget, as amended, that will raise more revenue from property taxes than in the previous fiscal year, as reflected in the adopted budget, seconded by Council Member Scott. This Motion was passed and approved with the following vote: Mayor Martinez, Council Members Rosas, Rubio, Scott, Vaughn, Garza, Hunter, and Magill, voting "Aye"; Council Member McIntyre - absent. 20. 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. Mayor Martinez referred to Item 20. Interim Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose of this item is to approve new rental and recreation fees for FY2016-2017. The majority of the fees have been included in the FY2017 proposed budget and have been running as pilot programs. The new fees including: outside court rentals for athletics; Doggie Dip; accommodating splash parties during general swim hours; Micro Soccer League; school fees for the Oso Bay Wetland Preserve; vendor security deposits; and Labonte Park RV camping permits. There were no comments from the Council or the public. Council member Garza made a motion to approve the resolution, seconded by Council Member Rubio. This Resolution was passed and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member McIntyre Abstained: 0 Enactment No: 030953 21. 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. Corpus Christi Page 13 Printed on 9/16/2016 City Council Meeting Minutes September 13, 2016 Mayor Martinez referred to Item 21. Director of Solid Waste Operations Lawrence Mikolajczyk stated the purpose of this item is to amend Chapter 21 of the City's Code of Ordinances regarding Solid Waste collections by clarifying definitions, combining sections, establishing a $10 resource recovery fee on customers' utility bills for hazardous cart collection; and revising language where necessary. Council members discussed the following topics: clarification on the timing to set out heavy brush and defense to prosecution for a violation of this chapter; the assessment of a $10 fee for hazardous cart collection; taxpayers should not subsidize the collection of hazardous placement of carts; concern that voters may be confused that an additional fee is being assessed; the existence of a special trash collection program through the Human Relations Department for elderly and disabled residents; data reflecting whether hazardous carts are a service issue or customer issue; the time limit for removing the carts from the street; the hazardous carts being a safety issue; the number of Solid Waste compliance officers; whether the average citizen knows the City's requirements regarding removing carts from the street and sidewalk; options for tagging the trash cart prior to assessing the fee; changing the language in Section 21-40 from fee to assessment; including English and Spanish on the tags; correcting the language in Section 21-12(a)(1) regarding the frequency with which the yard waste/heavy brush/clean wood waste/bulky items collection schedule is published in a newspaper; consideration to increase the amount of the fee; increasing the amount of the fee to cover an education process; education by citation; and the difference between an assessment and a fee. Mayor Martinez called for comments from the public. Abel Alonzo, 1701 Thames, spoke in support of the ordinance. MOTION OF DIRECTION Council Member McIntyre made a motion of direction to change the language in Section 21-12(2) to read that placing items out after the authorized set out period, but before collection has been made, is a defense to prosection, seconded by Council Member Vaughn and passed unanimously. Mr. Mikolaczyk stated that staff will come back with the following corrections to the ordinance: language regarding the defense of prosecution if Solid Waste is late collecting brush items; the language regarding publication; and adding language where carts are to be placed. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Vaughn. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Nay: 1 - Council Member Hunter Abstained: 0 L. EXECUTIVE SESSION: (ITEMS 14 - 16) Mayor Martinez deviated from the agenda and referred to the day's remaining Corpus Christi Page 14 Printed on 9/16/2016 City Council Meeting Minutes September 13, 2016 executive session Items 14, 15 and 16. The Council went into executive session. 14. 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. This E -Session Item was discussed in executive session. 15. 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. This E -Session Item was discussed in executive session. 16. 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. This E -Session Item was discussed in executive session. P. FIRST READING ORDINANCES: (ITEMS 22 - 25 and 27) 22. 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 Corpus Christi Page 15 Printed on 9/16/2016 City Council Meeting Minutes September 13, 2016 Mayor Martinez deviated from the agenda and referred to Item 22. Police Chief Mike Markle stated that the purpose of this item is 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), with a city match of $42,158.03, for a total project cost of $162,640.83. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member Rubio, Council Member Rosas and Council Member Scott Absent: 2 - Council Member McIntyre and Council Member Vaughn Abstained: 0 23. 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. Mayor Martinez referred to Item 23. Police Chief Mike Markle stated that the purpose of this item is to accept a grant from the U.s. Department of Justice in the amount of $163,004 for the FY2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Program to fund law enforcement efforts and equipment. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance, seconded by Council Member Magill. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member Rubio, Council Member Rosas and Council Member Scott Absent: 2 - Council Member McIntyre and Council Member Vaughn Abstained: 0 24. First Reading Ordinance - Accepting a grant of the Laboratory Response Network (LRN)-Public Health Emergency Preparedness (PNEP) Corpus Christi Page 16 Printed on 9/16/2016 City Council Meeting Minutes September 13, 2016 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. Mayor Martinez referred to Item 24. Assistant Director of Public Health Bill Uhlarik stated that the purpose of this item is to accept an amendment to a grant contract from the Texas Department of State Health Services in the amount of $201,123 to provide continued emergency preparedness laboratory services, and to amend the contract period through June 30, 2017. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Magill. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member Rubio, Council Member Rosas and Council Member Scott Absent: 2 - Council Member McIntyre and Council Member Vaughn Abstained: 0 25. 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. Mayor Martinez referred to Item 25. Director of Engineering Services Jeff Edmonds stated that the purpose of this item is to award a construction contract to SpawGlass Construction for the East General Aviation (GA) Reconstruction in the amount of $3,310,376.93 for the Base Bid and Additive Alternate One. The project will replace approximately one-third of the existing apron with concrete pavement along with new aircraft tie -downs. There were no comments from the Council or the public. Corpus Christi Page 17 Printed on 9/16/2016 City Council Meeting Minutes September 13, 2016 Council Member Magill made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member Rubio, Council Member Rosas and Council Member Scott Absent: 2 - Council Member McIntyre and Council Member Vaughn Abstained: 0 27. 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. Mayor Martinez referred to Item 27, transferring utility easements on City -owned tracts for construction of a 138 -kilovolt electric power transmission line. Director of Intergovernmental Relations Tom Tagliabue stated that in February 2014, the City Council authorized intervening in the filing by Electric Transmission Texas, LLC (ETT) for a 138 -kilovolt transmission line between the Barney Davis Substation and Naval Air Station Corpus Christi. In May 2015, the Public Utility Commission (PUC) approved ETT's Certificate of Convenience and Necessity for Route 11, generally along Flour Bluff Drive, but included a requirement to "exercise best efforts to mitigate the costs of the approved transmission facilities" being built underground to reduce the potential conflicts with flight operations at NAS Truax and Waldron Fields. The City owns two pieces of property along Route 11, one at Flour Bluff Drive at Division Road (Tract 34a) and one at State Highway 358 at McDonald Street (Tract 53). In exchange for ETT agreeing to construct several miles of transmission lines underground, the City is proposing transferring the utility easements on these two tracts. The City will forego $70,500 in total revenue for the use of these easements. Mr. Tagliabue explained that the ordinance would need to be amended in the preamble and in Section 1 to remove AEP Texas; the easement will only be between the City and ETT. Council Member Magill made a motion to amend the ordinance to remove AEP Texas from the preamble and Section 1, seconded by Council Member Scott and passed unanimously (Council Members McIntyre and Vaughn - absent). Council Member Scott made a motion to approve the ordinance as amended, seconded by Council Member Magill. This Ordinance was passed on first reading as amended and approved with the following vote: Corpus Christi Page 18 Printed on 9/16/2016 City Council Meeting Minutes September 13, 2016 N 28. 7 S 29. 30 Aye: 7 - Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member Rubio, Council Member Rosas and Council Member Scott Absent: 2 - Council Member McIntyre and Council Member Vaughn Abstained: 0 RECESS TO CORPORATION MEETING: (ITEM 28) Mayor Martinez recessed the regular Council meeting to hold the annual meeting of the Corpus Christi Community Improvement Corporation (CCCIC). 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) The Corporation Meeting was held. RECONVENE CITY COUNCIL MEETING: Mayor Martinez reconvened the regular Council meeting. FUTURE AGENDA ITEMS: (ITEMS 29 - 40) Mayor Martinez referred to Future Agenda Items. City Manager Margie C. Rose stated that staff had planned presentations on Items 32 and 36. A council member requested information on Item 35. 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 This Motion was recommended to the consent agenda. 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 Corpus Christi Page 19 Printed on 9/16/2016 City Council Meeting Minutes September 13, 2016 31 32. 33 34 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. The Motion was recommended to the consent agenda. 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. This Motion was recommended to the consent agenda. Approving a Manager -At -Risk Agreement for the Construction of Fire Station 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) This Motion was recommended to the consent agenda. Contract for base bid for the 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 2012, Proposition 4) This Motion was recommended to the consent agenda. 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) This Motion was recommended to the consent agenda. Corpus Christi Page 20 Printed on 9/16/2016 City Council Meeting Minutes September 13, 2016 35. 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 of direct state costs. This Resolution was recommended to the consent agenda. 36. 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. This Motion was recommended to the consent agenda. 37. 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 Total Allowable Interest for Lease: $13,108.48 Grand Total: $207,558.68 This Motion was recommended to the consent agenda. 38. 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. This Motion was recommended to the consent agenda. Corpus Christi Page 21 Printed on 9/16/2016 City Council Meeting Minutes September 13, 2016 39. 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. This Resolution was recommended to the consent agenda. 40. Resolution approving Type A Grant for Service Corps of Retired Executives (SCORE) Chapter 221 U. ADJOURNMENT 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. This Resolution was recommended to the consent agenda. The meeting was adjourned at 6:06 p.m. Corpus Christi Page 22 Printed on 9/16/2016 City Of Corpus Christi CITIZENS ADVISORY HEALTH BOARD The Citizens Advisory Health Board studies and assists in health and human service operations, services and programs, and makes recommendations to the City and County through the Director of Health and Human Services. COMPOSITION Eleven (1 1) members, five (5) members appointed by the City Council for three- ye ar terms, five (5) by the Nueces County Commissioner's Court for two-year terms; and one member appointed jointly by the City and the County. The board elects its own President and Vice -President. "The City Manager and Nueces County Judge will meet to make a recommendation to both entities on the Joint DETAILS appointment. CREATION / AUTHORITY Section 2-110, Code of Ordinances. Ordinance No. 5557; Ord. No. 5936; Ord. No. 14321; Ord. No. 17573 4/20/83; Ord. No. 17748 7/27/83; and S.B. 109. (See agreements authorized by M84-1053 8/14/84 and Resolution No. 028130 - 4/21/09) MEETS TERM DETAILS DEPARTMENT COMMITTEE/ SUBCOMMITEE AGENDAS OTHER INFORMATION 2nd Wednesday, City -County Health Department/ Administrative Conference Room, 12:00 p.m., subject to change by board. City appointments are for three years. County appointments are for two years. Health Department N/A i a ai s ai a a� ai a� a a -W -W 4-0 U U V U U U U U V U 0 r^ -I00 -I O O O O O r -I r -I r -I r -I r -I O N N N N N O O O O O N \ \ \ \ \ N N N N N \ r -I r -I r -I r -I r -I O O O O O r -I \ \ \ \ \ M M M M M \ r -I r -I r -I r -I r -I lD lD lD lD lD ri H � � i G� ri N N Ill G L v v v v v v v U i i i i i i i m N i O to a N +�+ to > > > > > > > > > > _.0 to Q Q Q Q Q Q Q Q Q Q H Q D D D D D D D D D D D 1 1=� Q +s+ m m m m m m m m m m m ++ J J J J J J J J J J J N y Q Q Q Q Q Q Q Q Q Q Q W W W W W W W W W W W V a O O O O O O O O O O O N N N N N N N N N N N > > > > > > > > > > > r -I N N N N N N N N N N N Z Z Z Z Z Z Z Z Z Z Z C W W W W W W W W W W W ++ N N N N N N N N N N N L U U U V V U U U V U U N a� s � v s T '^ o s m > >' m s U. p 2 tNa -- W *•' s C7 ea = ea s •- ea .� 0 LM O 00 LM ++ c v O O O co ID a a ai 00 00 a 6 0) N a-1 lD M C C BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE Profile Patrick Prefix First Name Email Address Which Boards would you like to apply for? CITIZENS ADVISORY HEALTH BOARD Street Address City District 5 What district do you live in? lmmnwm� Primary Phone Alternate Phone Texas A&M University Corpus Assistant Christi Professor 6300 Ocean Dr., Unit 5805 Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78412 Work Address - Zip Code Dr. Patrick AAyarzagoitia A Ayarzagoitia Middle Initial Last Name Submit Date: Nov 05, 2015 Status: submitted Page 1 of 4 %au"Now Suite or Apt "M oft State Postal Code Page 1 of 4 361-825-4234 Work Phone patrick.ayarzagoitia@tamucc.edu 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) highlights from my CV: former President of the Coastal Bend Advance Practice Nurses family nurse practitioner (FNP) since 2011, currently employed part-time for EmCare, staffing emergency rooms in the Christus Spohn Hospital system; currently employed full-time by Texas A&M University Corpus Christi as Assistant Professor in the College of Nursing and Health Sciences 2013 Doctor of Nursing Practice (DNP), University of the Incarnate Word, San Antonio 2011 Masters of Science, Texas A&M University, Corpus Christi Registered Voter? r: Yes r- No Current resident of the city? r" Yes r No over 10 years If yes, how many years? Ayarzagoitia Curriculum Vitae 2015 Rev.doc Upload a Resume Please upload any additional supporting documents Dr. Patrick AAyarzagoitia Page 2 of 4 Demographics 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. P 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. 1W I Agree Dr. Patrick AAyarzagoitia 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. V I Agree Board -specific questions (if applicable) Dr. Patrick AAyarzagoitia Page 4 of 4 CURRICULUM VITAE Patrick Albert Ayarzagoitia Education: Degree Dates Maior DNP 2013 Family present Practice MSN 2011 Family 9/2015 Nurse 7/2012- FNP -BC Practitioner AD 2005 Nursing Institution and Location University of the Incarnate Word, San Antonio, TX Texas A&M University, Corpus Christi, TX San Antonio College, San Antonio, TX Capstone Project Prediabetes Screening Project: A preventative health measure in the Emergency Department Professional Certification/Licensure RN/FNP-BC, Family Nurse Practitioner, Texas 2011 Employment Academic Employment Dates Title 9/2015- Assistant Professor present 1/2013- Adjunct Clinical Faculty 9/2015 Clinical Employment Institution or Business Texas A&M Corpus Christi, Corpus Christi, TX Texas A&M Corpus Christi, Corpus Christi, TX Dates Rank or Title Institution or Business 10/2014- FNP -BC EmCare —staffing at various Christus Spohn present Emergency Departments 8/2014- FNP -BC WellMed Memorial, Corpus Christi, TX 9/2015 7/2012- FNP -BC Dr. Francisco Cuya, Corpus Christi, TX 8/2014 Patrick A. Ayarzagoitia Other Scholarly Teaching, Mentoring and Curricular Achievements Presenter/Instructor -Basic Suture Class for FNP students, Corpus Christi, TX 2/2015 SCHOLARSHIP/CREATIVE ACHIEVEMENTS Non -Refereed Publications or Other Creative Achievements- Ayarzagoitia, P.A. (2015, February 17). Helping ease primary care shortage. Corpus Christi Caller Times. Retrieved at www.callertimes.com Ayarzagoitia, P.A. (2014, December 31). Another health care hero. Corpus Christi Caller Times. Retrieved at www.callertimes.com. Ayarzagoitia, P. A. (2006). White Uniforms: Making a comeback or all washed up? Nursing 2006. 36(2), 43. PROFESSIONAL SERVICE Service Activities for the Component, College, University College Activities FNP Student Orientation Participant FNP Student Skills Seminar White Coat Ceremony Participant Service to the Profession Activities President Coastal Bend Advanced Practice Nurses Group Service to the Community ArtivitiP¢ Volunteer, Catholic Charities, Corpus Christi, TX Dates of Service 8/2015 9/2015 9/2015 Dates of Service 3/2015 -present Dates of Service 1991 -present 2 Patrick A. Ayarzagoitia OTHER Significant Professional Development Activities NPACE Primary Care Conference, Boston MA Attendee 11/2014 Action Stat Wound Closure (Suturing) Academy Attendee 4/2015 Cl BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE Profile Raymond Prefix First Name Email Address Which Boards would you like to apply for? CITIZENS ADVISORY HEALTH BOARD Street Address City District 1 What district do you live in? Primary Phone Alternate Phone Retired Employer Job Title Work Address - Street Address and Suite Number Work Address - City Work Address - State Work Address - Zip Code Raymond Martin Johnson Submit Date: Sep 14, 2016 Status: submitted Martin Johnson MD Middle Initial Last Name Page 1 of 4 %900=� Suite or Apt "M oft State Postal Code Page 1 of 4 Work Phone martinj@texasintheworld.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: NONE Education, Professional and/or Community Activity (Present) Doctor of Medicine, retired Founder and current Treasurer, World Affairs Council of South Texas Volunteer, Food Bank of Corpus Christi Member, Coastal Bend Council of Government's Comprehensives Economics Development Strategy committee Member Coastal Bend Smart Growth Initiative, Friday Morning group, Wednesday Morning Group, Good Shepard Episcopal Church Registered Voter? r• Yes c' No Current resident of the city? Yes r No 12 If yes, how many years? Resume Johnson.docx Upload a Resume Please upload any additional supporting documents Demographics Raymond Martin Johnson Page 2 of 4 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. W 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 Raymond Martin Johnson 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. V I Agree Board -specific questions (if applicable) Raymond Martin Johnson Page 4 of 4 RESUME RAYMOND MARTIN JOHNSON Born Chicago II Married to Shirley Schulz, 1962 until her death 2001 from Multiple Sclerosis. Three children, Mark, Cynthia, and Elizabeth. Episcopal Church of the Good Shephard RESIDENCES • Indianapolis Indiana, to age 16 • Medford Oregon to age 21 • Portland Oregon to age 70 • Corpus Christi TX 4409ue Circe to present. EDUCATION • High School Graduation, Medford Senior High School, Spring 1950 • University of Oregon, BS,1954 • Oregon Health Sciences University, MD, June 1957 • Internship, Oregon Health Sciences University Hospitals and Clinics m57-58 • Residency, Hematology, Oregon Health Sciences University, 60-62 • Associate Clinical Professor, Department of Family Medicine from its inception in the 1960's until my retirement in 2002 EMPLOLYMENT • US Army, Captain, Medical Corp, 58-60 • Partner, Pacific Medical Group, 1962-2002 • 2002 Retired at 70th birthday PAST SERVICE & HONORS • Eagle Scout • One of Three Oregon Outstanding Young Men in 1964 • Member of two of the first different Oregon Health Maintenance Organization's founding boards. • Founder, Rotary Club of Tigard Oregon • Commissioner, Tigard Water District 2 years to 1970 • Commissioner Wolf Creek Highway Water District 9 year and Chair for 7 years • Managing partner of my medical group for 36 years, helping it grow from four physicians to a nationwide group listed on the NY stock exchange (MedPartners). • Multnomah Medical Society Board of Directors • Medical missions to o Khabarovsk Russia o Mexico o EI Salvador o Guatemala • Former Metro Ministries Board • Food Bank of Corpus Christi volunteer for Disaster planning • Former Corpus Christi Literacy Council Board • Currently work with the US Dept. of State International Visitors Leadership Program. SPECIAL SKILLS: Organizational development, strategic planning BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jun 01, COMMISSION OR COMMITTEE FOR THE 2016 Status: submitted Profile Victor _ M. Mendoza Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CITIZENS ADVISORY HEALTH BOARD, COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE, ETHICS COMMISSION, PARKS AND RECREATION ADVISORY COMMITTEE Street Address City District 2 What district do you live in? Immomorm Primary Phone self employed 5849 crestwood dr Work Address - Street Address and Suite Number corpus christi Work Address - City texas Work Address - State Alternate Phone computer service Job Title Victor M. Mendoza Page 1 of 4 TMONNIMM Suite or Apt "M oft State Postal Code Victor M. Mendoza Page 1 of 4 78415 Work Address - Zip Code 2612An4mg Work F'hone veteranafmp@gmaiI-com Work E-mail address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) I currently go to Del mar college for computer science i volunteer beach clean up every weekend on my own Registered Voter? (-. Yes r'No Current resident of the city? Yes r No 27 If yes, how many years? resume.txt Upload a Resume Please upload any additional supporting documents Victor M. Mendoza Page 2 of 4 Demographics 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. P 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. 1W I Agree Victor M. Mendoza 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. V I Agree Board -specific questions (if applicable) Victor M. Mendoza Page 4 of 4 victor m mendoza RAval1 ity:Jo Type: EPermanent, Temporary, Term, Detail, Internships Work Schedule: Full -Time, Part -Time, Shift Work, Intermittent, Job Sharing Desired locations:United States - TX - Corpus ChristiUnited States - TX - AustinUnited States - TX - Austin CountyUnited States - HI United States - GU United States - WY United States - VI United States - NY United States - IN United States - FL United States - CA United States - AZ Work Experience: Naval Facilities Engineering Command Ocean Dr, Corpus Christi, TX 78418 Corpus Christi, TX 78418 United States 10/2014 - Present Salary: 21.73 USD Per Hour Hours per week: 40 Series: 4749 Pay Plan: WG Grade: wg-7 MAINTENANCE WORKER (This is a federal job) Duties, Accomplishments and Related Skills: Performing necessary preparatory work prior to floor finishing by stripping old finish, cleaning, scraping, filling holes, and sanding. Mixing stains, sealers, and/or wood filler materials according to guidance from higher graded Painter or strict adherence to manufacturer's instructions. Using common tools and equipment associated with painting (paintbrushes, rollers, scrapers, spray guns, wire brushes, putty knives, and sandpaper). Preparing surfaces for painting by sanding, scraping, shipping, or wire brushing to gain adhesion.Plumbing. Knowledge of the installation and operation of various supply, disposal, and utility systems and equipment, such as water and gas systems fire sprinkler equipment, and water closets. Carpentry. Knowledge of wood and wood substitute materials and construction techniques; skill in construction techniques and operation of general and precision carpentry and woodworking equipment to produce the requested finished product. Ability to interpret complex instructions, sketches, blueprints, and building codes. Electrical. Ability to install and operate electrical fixtures, wiring, and controls and read and follow wiring diagrams. Skill in removing and replacing electrical fixtures and controls; making repairs; rearranging old or installing new outlets, relays, switches, and light fixtures; testing circuits; measuring, cutting, and bending wire and conduit to specified lengths and angles. Knowledge of mechanical theory and pneumatic and hydraulic principles to repair electro- mechanical devices. Painting. Skill in accepted surface preparation and coating methods and techniques; matching, tinting, toning, blending and applying coating materials and agents. Ability to read and apply directions to mix, use and apply various materials, solvents, and precoating agents. Plastering. Knowledge and skill in a variety of plastering methods and techniques, including construction and application of molded plaster cornices, plaster panels, and trim. Pipefitting. Knowledge and ability to install and operate various high-pressure piping systems and equipment. Air Conditioning. Knowledge of the principles and theories of the refrigeration cycle, temperature measurement, refrigerant properties. Skill in constructing, operating, and servicing a variety of domestic air conditioning units and systems, power sources, and cooling units. Heating. Knowledge of combustion, heat transfer and circulation principles; fuel characteristics; heating surfaces, combustion chambers; basic pipefitting techniques and rigging setups; pneumatics, electricity, and basic electronics. Familiarity with the construction and operation of heating systems. Skill in determining condition of system parts and components; installing, aligning, adjusting, and repairing oil, gas, and coal burners, heating boiler components, and other burning mechanisms; performing routine maintenance. Supervisor: anthony Okay to contact this Supervisor: Yes corpus christi army depot rotar head shop corpus christi, TX United States 06/2011 - 01/2012 Hours per week: 40 Series: 0001 Pay Plan: WG aircraft overhaul trades helper (This is a federal job) Duties, Accomplishments and Related Skills: Work involves over thirty-five different configurations of rotor control components and over ten different configurations of rotor heads for Air Force, Navy and Army. Assembles complete helicopter rotor heads or rotor controls and related components. Performs final assembly of the entire end item, assembles subassemblies and components, or performs designated assembly by station on an assembly line. Incorporates authorized modifications and completes adjustments and alignments to assure compliance with prescribed specifications for balance, fits, torque, pressure and/or stretch. Checks parts and items to be used prior to assembly to determine proper identify and assure serviceability. Reviews and researches historical record on finite life items and scraps those with high time. Prepares request for technical engineering call (TEC) for engineering deviation when appropriate. Certifies completion of work requirements on work documents, records any required measurement data, and completes required entries on historical documents. Troubleshoots and repairs malfunctioning items on the assembly line or flight line. Disassembles items designated for minor repair. Determines repair needed. Performs minor rework on parts or replaces parts required to restore item to serviceability. If extensive damage is discovered after disassembly takes appropriate action to assure proper authorization before additional work is accomplished.Requires a through knowledge of helicopter rotor heads or rotor controls and related components. Must be able to perform skilled assembly and alignments to achieve critical tolerances, measurements, and balance. Ability to use measuring instruments such as micrometers, calipers, dial indicator, gauges, and torque wrenches. Requires ability to use reference material to obtain information to complete assembly and repair processes properly and to assure compliance with specifications. Must be able to diagnose problems on components installed on the aircraft and in completing assembly. Ability to select and use proper hand and power tools, equipment, special tools and machinery,Receives work assignments from supervisor or work leader in the form of work orders, quality inspection reports, and verbal instructions. Employee determines proper work sequence, selects tool, equipment and parts, and completes required assembly, alignment, balance and/or repair to produce a serviceable end item. Technical information is available in technical orders and manual manufacturer specification, factory -engineering bulletins, and shop travelers. Verifies work of and provides guidance to lower grade mechanics and military. Assists quality inspectors, engineers, etc. in special investigations, studies, and audits. The supervisor or work leader is available for assistance with unusual problems. Completed work is subject to quality inspection and spot check by supervisor to assure compliance with Supervisor: cavan cardeaz ( Okay to contact this Supervisor: Yes Corpus Christi Army Depot {ccad} Address. 11001 D Street Suite 101 Corpus Christi, TX 78419 Corpus Christi, TX 78412 United States 06/2008 - 06/2009 Salary: 19.00 USD Per Hour Hours per week: 40 Series: 0249 Pay Plan: WG Grade: wg-5 Metal Spray Helper (This is a federal job) Duties, Accomplishments and Related Skills: Duties: Prepares parts for metal spraying or grinding. Visually examines items to be coated, assuring items are generally free from oil, dirt, oxides, corrosion, dust or any foreign substance. Treat metal area exposed during reworking. Assembles parts and components into sub -assemblies incorporating required modifications. Masks surfaces which should be protected from metal spray.I was responsible for determining if the item can be reworked and complete routing document for work needed by other shops. Operates degrease and air blasting equipment to clean and free surfaces of paint, scale, grease, rust, dirt and carbon deposits. Cleans parts in degreaser vats and blasts parts with specified grit. Assists higher graded personnel in applying metal spray process to those items to be sprayed. Maintains cleaning equipment used in cleaning parts. Cleans and recharges machine with specified cleaning compounds; fills spray equipment with pre -mixed materials. Performs other duties as assigned. Completes minor rework of compressor to restore serviceability such as buffing polishing or grinding surfaces to smooth out pits and scratches , bead blasting , shot peening also using proper fixtures for safety measures. loaned out to paint shop in same building in order to lighten up the overtime .i work well with others,once taught the proper method by Robert Casarez the supervisor in the paint shop i needed little to no supervision. quick learner,I work great under pressure and i have a knowledge of rotor heads or rotor controls. I gained skills particular for the paint shop such as micrometers, calipers dial indicators, techniques to perform surface preparation and coating. invaluable experience with tools, equipment, and/or materials for cleaning, taping brushing, scraping and sealing surfaces such as engines, transmissions, rotor head structures/components, and sheet metal also with preparation and painting all types of surfaces using spray guns, brushes, and rollers Prep surfaces with the accepted methods and techniques, to ensure the required smoothness, level,shape requirements tint tone.i also learned about various agents (for example, retardants, drying agents), and combine coating mixtures to get the proper color, texture, consistency, and drying state.also am more than capable of standing bending walking stooping or sitting for long intervals Supervisor: richard garcia Okay to contact this Supervisor: Yes ccad Address. 11001 D Street Suite 101 Corpus Christi, TX 78419 Corpus Christi, TX 78412 United States 01/2008 - 01/2009 Salary: 19.00 USD Per Hour Hours per week: 30 Painter Helper Duties, Accomplishments and Related Skills: loaned out to paint shop in same building in order work well with others,supervised by Robert Casarez to lighten up the overtime .i in the paint shop i needed little to no supervision. quick learner,I work great under pressure and i have a knowledge of rotor heads or rotor controls. I gained skills particular for the paint shop such as micrometers, calipers dial indicators, techniques to perform surface preparation and coating. invaluable experience with tools, equipment, and/or materials for cleaning, taping brushing, scraping and sealing surfaces such as engines, transmissions, rotor head structures/components, and sheet metal also with preparation and painting all types of surfaces using spray guns, brushes, and rollers Prep surfaces with the accepted methods and techniques, to ensure the required smoothness, level,shape requirements tint tone.i also learned about various agents (for example, retardants, drying agents), and combine coating mixtures to get the proper color, texture, consistency, and drying state.also am more than capable of standing bending walking stooping or sitting for long intervals Supervisor: robert casarez Okay to contact this Supervisor: Yes A&B Home improvment and discount cabinets Corpus Christi, TX United States 03/2007 - 03/2008 Salary: 8.00 USD Per Hour Hours per week: 40 General Laborer Duties, Accomplishments and Related Skills: Place, consolidate, and protect case -in-place concrete or masonry structures. Position, join, align, and seal structural components, such as concrete wall sections and pipes. Shovel cement and other materials into portable cement mixers; and mix, pour, and spread concrete. Signal equipment operators to facilitate alignment, movement, and adjustment of machinery, equipment, and materials. Smooth and finish freshly poured cement or concrete, using floats, trowels, screeds, or powered cement finishing tools. Spray materials such as water, sand, steam, vinyl, paint, or stucco through hoses to clean, coat, or seal surfaces. Tend machines that pump concrete, grout, cement, sand, plaster or stucco through spray -guns for application to ceilings and walls. Tend pumps, compressors, and generators to provide power for tools, machinery, and equipment, or to heat and move materials such as asphalt. Lubricate, clean, and repair machinery, equipment, and tools. Operate, read, and maintain air monitoring and other sampling devices in confined and/or hazardous environments. Apply caulking compounds by hand or using caulking guns. Build and position forms for pouring concrete, and dismantle forms after use, using saws, hammers, nails, or bolts. Clean and prepare construction sites to eliminate possible hazards. Control traffic passing near, in, and around work zones. Dig ditches or trenches, backfill excavations, and compact and level earth to grade specifications, using picks, shovels, pneumatic tampers, and rakes. Erect and disassemble scaffolding, shoring, braces, traffic barricades, ramps, and other temporary structures. Grind, scrape, sand, or polish surfaces such as concrete, marble, terrazzo, or wood flooring, using abrasive tools or machines. Install sewer, water, and storm drain pipes, using pipe -laying machinery and laser guidance equipment. Load, unload, and identify building materials, machinery, and tools, and distribute them to the appropriate locations, according to project plans and specifications. Measure, mark, and record openings and distances to lay out areas where construction work will be performed. Mix ingredients to create compounds for covering or cleaning surfaces. Provide assistance to craft workers, such as carpenters, plasterers, and electricians Raze buildings and salvage useful materials. Read and interpret plans, instructions, and specifications to determine work activities. Use computers and other input devices to control robotic pipe cutters and cleaners. Identify, pack, and transport hazardous and/or radioactive materials. Supervisor: Juan villarreal Okay to contact this Supervisor: Yes United States Airforce global, TX United States 02/2004 - 05/2006 Salary: 1,500.00 USD Bi -weekly Hours per week: 40 Military Police Duties, Accomplishments and Related Skills: Leads, manages, supervises, and performs force protection duties, including use of deadly force to protect personnel and resources. Protects nuclear and conventional weapons systems and other resources. Performs air base defense functions contributing to the force protection mission. Controls and secures terrain inside and outside military installations. Defends personnel, equipment, and resources from hostile forces. Operates in various field environments, performs individual, and team patrol movements, both mounted and dismounted, tactical drills, battle procedures, convoys, military operations other than war, antiterrorism duties, and other special duties. Operates communications equipment, vehicles, intrusion detection equipment, crew -served weapons, and other special purpose equipment. Applies self -aid buddy care, life saving procedures, including cardiopulmonary resuscitation, as first responder to accident and disaster scenes. Provides armed response and controls entry. Detects and reports presence of unauthorized personnel and activities. Implements security reporting and alerting system. Enforces standards of conduct, discipline, and adherence to laws and directives. Directs vehicle and pedestrian traffic. Investigates motor vehicle accidents, minor crimes, and incidents. Operates speed measuring, drug and alcohol, and breath test devices. Apprehends and detains suspects. Searches persons and property. Secures crime and incident scenes. Collects, seizes, and preserves evidence. Conducts interviews of witnesses and suspects. Obtains statements and testifies in official judicial proceedings. Responds to disaster and relief operations. Participates in contingencies. Develops plans, policies, procedures, and detailed instructions to implement SF programs. Plans, organizes, and schedules SF activities. Provides oversight, guidance, and assistance to commanders with the application of information, personnel, and industrial security programs. Operates pass and registration activities. Supervises and trains SF augmentees. Provides on -scene supervision for security forces. Inspects and evaluates effectiveness of SF personnel and activities. Analyzes reports and statistics. Leads, manages, supervises, and implements ground weapons training programs. Operates SF armories. Controls and safeguards arms, ammunition, and equipment. Instructs ground weapons qualification training. Provides guidance on weapons placement to security forces and ground defense force commanders. Inspects ground weapons and replaces unserviceable parts. Analyzes malfunctions by inspection and serviceability testing. Uses precision gauges, testing instruments, and special tools to adjust parts and operating mechanisms. Function -fires weapons for accuracy and serviceability. Controls and operates firing ranges and associated facilities to include supervising construction and rehabilitation. Supervisor: Ssgt ellingson Okay to contact this Supervisor: Yes United Wellhead Service Robstown , TX United States 07/2002 - 11/2002 Salary: 6.50 USD Per Hour Hours per week: 40 General Laborer Duties, Accomplishments and Related Skills: My duties included the preparation of well heads for re manufacturing. I disassembled well head parts and a assemblies using various hand tools such as wrenches, screwdrivers, ratchets and sockets, sledge hammer and crow bar. I used steam and pressure washing equipment to clean the disassembled well heads of dirt, grease and grime. I regulated the steam controls to produce the required heat from the heating system. I manually washed lubrication or and cleaned well head parts in tanks of hot/cold cleaning solutions. I also hand cleaned parts with brushes and other hand held tools. I operated a sand blast machine to remove rust and paint. I assisted journeyman in the reassembly of the well heads. Measures, cuts and threads pipes using ruler, hacksaw, pipecutters, and threading machines I have the skills and knowledge to operate industrial washers, utilizing steam pressure, degreaser solution, steam valve and required solvents to remove dirt, grease and/or paint from a variety of aircraft engine parts, assuring nicks, burrs, and rust pits are removed. Determines proper sequence of cleaning processes and time exposure of parts required to avoid possible damage to parts and meet required degree of cleanliness and removes radiator valves and inspects for defects and repacks valves overall acceptability. Also painting, storage or containerization checking items for obvious wear, cracks, nicks, burrs, or other surface defects, using equipment, solvents, brushes, buffers, scouring pads to clean or sand surfaces; replacing plugs, nuts, gaskets I have the ability to spray parts and equipment with cleaning solution, operating control valves on the steam pressure cleaner and on the degreasing machine to control the flow of steam and cleaning solution. I have previous experience in mixing chemicals and cleaners in solutions and charge pressure pots. I have also operated deburring, vibratory and ultrasonic cleaning machines, using specified media to clean the parts. I can manually wash and clean engine parts in tanks of hot or cold cleaning solutions. I also have the skills and knowledge to hand clean parts with brushes and other hand tools. I can apply corrosion preventive compound by dipping parts in tanks or vats. I have also the ability to operate power driven wire or cloth brush cleaner. I can mix various cleaning and degreasing solutions such as caustic soda, carbon removing compounds, paint strippers and other cleaning compounds. I also operate bead blast machines using prescribed techniques and instructions when required. I poses the knowledge of appropriate materials and cleaning agents to utilize in the cleaning process in accordance with types of metals and finish required. I am also knowledgeable of the operation of industrial washers and cleaning equipment. Supervisor: Don Mcatee Okay to contact this Supervisor: Yes Education:Military Police Academy San antonio, TX United States ERROR 06/2004 GPA: 4.0 of a maximum 4.0 Major: Criminal Justice Death Investigation Relevant Coursework, Licenses and Certifications: Weapons training including m16, m4, m9,combat training we are highly trained in ground combat skills, including land navigation, crew served weapons systems, claymore mines, fragmentation hand grenade use, "LAWS" (light anti-tank weapon) deployment, hand and arm signals, squad movements, and many other skills. Preventive Maintenance on equipment of vehicles, assigned weapons, and personnel equipment.Trained in the use of Technical Manuals and Field Manuals. Job Related Training:High School Carroll High School 08/15/1999 - 06/06/2003 Corpus Christi, Texas United States Degree: High School Diploma - Major: N/A; Minor: N/A; Additional Information License - C.D.L class A (10/13/2007) Driver license class A Air Force Basic Training - 02/24/2004 Received basic training in the following areas: Basic First Aid, Time- Management, Team -Building, Map -Reading, Basic Leadership, Weapons Marksmanship, and topics such as Air Force history, dress and appearance, military customs and courtesies, ethics, security, and alcohol/drug abuse prevention and treatment, and field training including protection against biological and chemical attack. Language Skills: Language Spoken Written Read Spanish Advanced Advanced Advanced Additional Information:Military Awards- 02/24/2004- 06/13/2006 Global War on Terrorism Service Medal, Air force Training Ribbon, National Defense Service Medal, Overseas Long Tour Ribbon, Basic Force Protection Occupational Badge. City Of Corpus Christi COASTAL BEND COUNCIL OF GOVERNMENTS COMPOSITION F-�'k DETAILS CREATION / AUTHORITY MEETS TERM DETAILS 111:11:7_1adJil:11►k11 COMMITTEE/ SUBCOMMITEE AGENDAS OTHER INFORMATION The Coastal Bend Council of Governments shall prepare and recommend to participating local governments urban, metropolitan, and rural area plans, looking to the present and future needs of the Region. Such plans may include recommendations for land use, traffic circulation, major streets and highways, general location of public works, the development of major educational facilities, and related problems of development. City shall appoint nine (9) members for two years (but terms shall be at the complete discretion of the City Council), at least four (4) being elected officials. Ordinance No. 8246, Motion M83-0391 - 7/20/83. Ch. 391, Texas Local Government Code 4th Friday, 2:00 p.m.; Council of Government (COG). Two-year terms. Coastal Bend Council of Governments Coastal Bend Council of Governments Members September 20, 2016. Two (2) vacancies with terms to 4-30-17. (Note: Staff is recommending the realignment of Margie Rose to one of the vacant Regular Member slots. City Manager Rose is recommending the new appointment of Mark Van Vleck as an Alternate Member.) Board Name Ronald Olson Mark Scott COASTAL BEND COUNCIL OF GOVERNMENTS Resigned 3 COASTAL BEND COUNCIL OF GOVERNMENTS Resigned 3 04/30/17 Member 04/30/17 Member Jay Ellington COASTAL BEND COUNCIL OF GOVERNMENTS Active Partial 04/30/17 Member Pat Veteto COASTAL BEND COUNCIL OF GOVERNMENTS Active Partial 04/30/17 Member Richie Quintero Tom Tagliabue Colleen McIntyre COASTAL BEND COUNCIL OF GOVERNMENTS COASTAL BEND COUNCIL OF GOVERNMENTS COASTAL BEND COUNCIL OF GOVERNMENTS Active Active Active 2 04/30/17 Member 2 04/30/17 Member 2 04/30/17 Member Nelda Martinez COASTAL BEND COUNCIL OF GOVERNMENTS Active 2 04/30/17 Member Michael T. Hunter COASTAL BEND COUNCIL OF GOVERNMENTS Active Partial 04/30/17 Member Rebecca Huerta COASTAL BEND COUNCIL OF GOVERNMENTS Active 1 04/30/17 Alternate Lawrence Mikolajczyk COASTAL BEND COUNCIL OF GOVERNMENTS Active 2 04/30/17 Alternate Pat Eldridge COASTAL BEND COUNCIL OF GOVERNMENTS Active 2 04/30/17 Alternate Margie Rose COASTAL BEND COUNCIL OF GOVERNMENTS Active 1 04/30/17 Alternate City Of Corpus Christi ETHICS COMMISSION The Ethics Commission, in addition to havingjurisdiction over complaints involving any"city official", are to prepare and publish pamphlets and other materials explaining the duties of individuals subject to the code of ethics; review all statements and reports filed with the city; annuallyreview the code of ethics and make appropriate recommendations to the citycouncil; review all public opinions related to the code of ethics that are issued bythe city attorney; prepare and disseminate a report listing all campaign contributions and expenditures for each candidate within 30 days following the deadline for filing the last campaign finance reports for each citycouncil election. The commission shall have such meetings as maybe necessaryto fulfill its responsibilities. The chairperson or anythree (3) members maycall a meeting provided that reasonable notice is given to each member. The commission shall meet at least once a year. The date of the annual meeting shall be in September. The commission shall complywith the Texas Open Meetings Act. COMPOSITION Nine members appointed by a two-thirds vote of the full council. Norninations are to F-i4l be solicited from a wide variety of professional and community organizations in the city, but interested individuals may also submit their names for consideration. Initially, the terms of three members shall be one year, and the initial terms of another three members shall be two years. The persons having such shorter terms shall be determned by lot. No holding over is pernitted except as expressly DETAILS provided in the Code of Ethics. The commission shall elect a Chairperson and a V ice -Chairperson. CREATION 1 AUTHORITY Section 2-320, Code of Ordinances; Ordinance No. 20781, 9/19/89, Ord. 023460 , 10-13-98; Ord. No. 024614 - 10/9/01. MEETS 2nd Thursday of the month, 5:30 p.m., City Hall, Fifth Floor -ACM Conference Room. TERM DETAILS Three-year staggered terms. DEPARTMENT Legal COMMITTEE/ SUBCOMMITEE N/A AGENDAS OTHER INFORMATION For information on how to file an ethics complaint regarding a city official, please go to http://www.cctexas.corrVgovernment/city-secretary/ethics-filings- complaints/index. Ethics Commission Members September 20, 2016 Two (2) vacancies with terms to 10-1-19. (Appointment requires 2/3 vote of full Council.) Board Name Status District Term End Date Position Ken Bung Harry Hallows ETHICS COMMISSION ETHICS COMMISSION Has met the six-year limitation District 5 2 Has met the six-year limitation District 2 2 10/1/2016 Member 10/1/2016 Member Richard (Rick) E. Milby ETHICS COMMISSION Active District 1 1 10/1/2018 Member Alicia Benavidez ETHICS COMMISSION Active District 4 2 10/1/2018 Member Karon Connelly ETHICS COMMISSION Active District 4 2 10/1/2018 Vice -Chair Drue Jones ETHICS COMMISSION Active District 2 1 10/1/2017 Member Larry White ETHICS COMMISSION Active District 5 2 10/1/2017 Member Dr. Haysam Dawod ETHICS COMMISSION Active District 5 2 10/1/2017 Chair Rob Bailey ETHICS COMMISSION Active District 4 Partial 10/1/2019 Member Ethics Commission Applicants September 20, 2016 Name Boards A . . I in For District Work Phone Work Address IN IN Robert A. Alvarez ETHICS COMMISSION District 5 Alvarez Insurance Group 361-442-6799 5810 S. Staples Jack Gordy ETHICS COMMISSION District 3 Ili - Corpus Christi TX Paul G. Gottemoller ETHICS COMMISSION District 5 Del Mar College 361-698-1698 101 Baldwin Blvd. Corpus Christi TX Grant Huffman ETHICS COMMISSION District 5 KRIS Communications 361-654-1668 301 Artesian St Corpus Christi TX Michael E. Linnane ETHICS COMMISSION District 4 Retired Victor M. Mendoza ETHICS COMMISSION District 2 Self -Employed 361-290-4869 5849 Crestwood Dr. Corpus Christi TX Scott H. Mesmer ETHICS COMMISSION District 4 CAE 361-944-8401 Corpus Christi TX Deborah K. Rios ETHICS COMMISSION District 4 Rios Law Office 361-510-5806 3230 Reid Dr., Suite J Corpus Christi TX Craig Rogers ETHICS COMMISSION District 4 GEICO 361-288-8177 5262 S. Staples, Ste. 300 Corpus Christi TX BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION Submit Date: Jul 05, OR COMMITTEE FOR THE 2016 Status: submitted Profile Robert _ A Alvarez Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, ETHICS COMMISSION, TRANSPORTATION ADVISORY COMMISSION Street Address City District 5 What district do you live in? Primary Phone Alternate Phone Alvarez Insurance Group Owner/Broker Job Title 5810S. Staples Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State Robert A Alvarez Page 1 of 5 vwm���� Suite or Apt pwp;,— - — oft State Postal Code Page 1 of 5 78413 Work Address - Zip Code 3614426799 Work Phone 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: M 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? (-. Yes r'No Current resident of the city? Yes r No 32 If yes, how many years? Adam s Resume 2014 1 docx Upload a Resume Please upload any additional supporting documents Robert A Alvarez Page 2 of 5 Demographics 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. P 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. 1W I Agree Robert A Alvarez 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. Robert A Alvarez Page 4 of 5 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? r Yes r• No Robert A Alvarez Page 5 of 5 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. ,/ Typing — over 65 words per minute ,/ Strong use of multi -line phone and soft -phones ,/ Extremely clean background and driving record Areas of Expertise: ,/ Strong multitasker ,/ Very fast learner ,/ Experienced in data entry and 10 -key with good speed and accuracy ,/ Highly professional ,/ Expert with all MS Office applications and other computer programs ,/ Expert in creating and filing reports ,/ Excellent people skills 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, COMMISSION OR COMMITTEE FOR THE Profile Jack Gordy Prefix First Name Middle Last N: Initial Email Address Which Boards would you like to apply for? ETHICS COMMISSION Street Address City District 3 Submit Date: Jul 12, 2016 Status: submitted Suite orApt - StreetAddressand Suite Number I -oft oft State Postal Code What district do you live in? lmwmmm� lwwmmn� Primary Phone Alternate Phone Employer WorkAddress - StreetAddressand Suite Number WorkAddress - City WorkAddress - State WorkAddress-Zip Code Job Title Jack Gordy Page 1 of 4 Work Phone Work E-mail address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) HIGH SCHOOLAND ONE YEAR OF COLLEGE PRESIDENT OF CHANNEL 10 PUBLIC ACCESS FOR 91/2 YEARS Registered Voter? QQ Yes Q No Current resident of the city? QQ Yes 0 No If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Ethnicity Jack Gordy Page 2 of 4 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. 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. Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. Board -specific questions (if applicable) Jack Gordy Page 3 of 4 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE Profile Dr Paul Prefix First Name Email Address Which Boards would you like to apply for? ETHICS COMMISSION G Gottemoller Middle Initial Last Name Street Address City District 5 What district do you live in? lmmnwm� Primary Phone Alternate Phone Del Mar Assistant Professor of Political College Science Job Title 101 Baldwin Blvd Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78404 Work Address - Zip Code Paul G. Gottemoller Submit Date: Aug 12, 2016 Status: submitted Page 1 of 4 %-Nmm� Suite or Apt "M oft State Postal Code Page 1 of 4 (361) 698-1698 Work Phone pgottemo@delmar.edu 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 currently serve on the newly reconstituted Clean City Committee Education, Professional and/or Community Activity (Present) I have a BA and MA in Political Studies from University of Illinois, Springfield and a Ph.D. in Political Science from Southern Illinois University. I currently teach government at Del Mar College. Registered Voter? r• Yes r No Current resident of the city? r Yes r No I If yes, how many years? CurriculumVita Gottemoller last.doc Upload a Resume Please upload any additional supporting documents Demographics Paul G. Gottemoller 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. W I Agree Paul G. Gottemoller 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. V I Agree Board -specific questions (if applicable) Paul G. Gottemoller Page 4 of 4 Paul Gottemoller Education • Doctor of Philosophy Candidate, Political Science, Southern Illinois University Carbondale, August 2011. 0 Virtual Summer Institute in Political Psychology, Stanford University, July 2006. • Master of Arts, Political Studies, University of Illinois at Springfield, July 2003. • Bachelor of Arts, Political Studies, University of Illinois at Springfield, May 2001. • Associate of Arts, Political Science, Richland Community College. May 1999. Dissertation • "White Americans' Affect Toward African Americans: Predictive Power on Political Behavior and Measurement Problems" Major Professor: J. Tobin Grant Research and Teaching Interests • American Politics: public opinion and legislative politics. • Political Theory: classical political thought. • Methodology: survey research. Teaching Experience • Assistant Professor, 2009 — Present Del Mar Community College Courses: Federal Government, Texas Government, Introduction to Political Science. • Instructional Assistant Professor, 2007 Illinois State University Courses: Quantitative Reasoning in Political Science. • Teaching Assistant, 2004-2007 Southern Illinois University Course: American Political Parties, Introduction to American Government, Political Methodology: Introduction to Quantitative Analysis, Domestic Sources of Foreign Policy. Service and Activities • Clean City Committee 2016 — Present. • Academic Dishonesty Ad Hoc Committee 2015 — Present. • Faculty Council 2014 — 2016. • Pride Corpus Christi Committee 2012 — 2016. • Political Science Program Coordinator 2011 — 2013. • Department Chair Recommendation Committee, Del Mar College Department of Social Sciences 2010-2011. • Del Mar College Environmental Committee 2011— 2014. • Constitution Day Planning Committee, Del Mar College Department of Social Sciences 2009 - Present. • Assistant Faculty Advisor for University of Illinois at Springfield Model Illinois Government 2001-2003. Publications • Jackson, John and Paul Gottemoller. 2007. "Party Competition in Illinois: Republican Prospects in a Blue State." Occasional Paper Published by the Paul Simon Public Policy Institute. Conference Presentations • Gottemoller, Paul and Randolph Burnside. "Are They Still Hot?: Utilizing Feeling Thermometers as Part of the Answer." Presented at the 2007 Midwest Political Science Association Conference and Presented at the 2007 American Political Science Association Annual Conference. • Gottemoller, Paul and Randolph Burnside. "Am I My Brother's Keeper?: Religiosity and Attitudes Toward Homosexuality." Presented at the 2007 Midwest Political Science Association Conference. Works in Progress Gleason, Shane A., Paul G. Gottemoller, Paul J. Martin, Ashley Wilson, and J. Tobin Grant. "Attitudes Toward Blacks in Abstract and Specific Contexts." Gottemoller, Paul G. and J. Tobin Grant. "Efficacy of Using Group Anchors in Measuring Affect." References • Teresa Klein, Assistant Professor Department of Social Sciences Del Mar College John Jackson, Professor Paul Simon Public Policy Institute Southern Illinois University, Carbondale Mark Robbins, Assistant Professor Department of Social Sciences Del Mar College BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jun 20, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Grant Huffman Prefix First Name Middle Last N: Initial Email Address Which Boards would you like to apply for? ETHICS COMMISSION Street Address City District 5 What district do you live in? Primary Phone Alternate Phone KRIS Communications Account Executive Employer Job Title 301 Artesian St WorkAddress- StreetAddressand Suite Number Corpus Christi WorkAddress - City Texas WorkAddress - State 78414 WorkAddress-Zip Code Suite orApt I -oft oft State Postal Code Grant Huffman Page 1 of 4 3616541668 ghuffman@kristv.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) No Registered Voter? QQ Yes Q No Current resident of the city? QQ Yes Q No 2 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Ethnicity Grant Huffman 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. 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. Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. Board -specific questions (if applicable) Grant Huffman Page 3 of 4 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE Profile Michael Prefix First Name Email Address Which Boards would you like to apply for? ETHICS COMMISSION Street Address City District 4 What district do you live in? Primary Phone Alternate Phone Retired Employer Work Address - Street Address and Suite Number Work Address - City Work Address - State Job Title E Linnane Middle Initial Last Name Submit Date: Sep 06, 2016 Status: submitted Work Address - Zip Code Michael E Linnane Page 1 of 4 %-Nmm� Suite or Apt "M oft State Postal Code Work Address - Zip Code Michael E Linnane Page 1 of 4 Work Phone dlinnane@a grandecom.net Work E-mail address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) BBA Management. Past activities; VP of Corpus Christi Women's Shelter, Member of the Board of CC First Methodist Church, United Way Loaned Executive, Chair of Celanese Chemical Co. TX PAC, Creator of Chair of Celanese Community Service Committee, Registered Voter? r• Yes r No Current resident of the city? r Yes r No M. If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Michael E Linnane 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. W I Agree Michael E Linnane 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. V I Agree Board -specific questions (if applicable) Michael E Linnane Page 4 of 4 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jun 01, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Victor M. Mendoza Prefix First Name Middle Last N,. Initial Email Address Which Boards would you like to apply for? CITIZENS ADVISORY HEALTH BOARD, COMMUNITYYOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE, ETHICS COMMISSION, PARKS AND RECREATION ADVISORY COMMITTEE Street Address City District 2 What district do you live in? 1000=� Primary Phone self employed Employer 5849 crestwood dr WorkAddress- StreetAddressand Suite Number corpus christi WorkAddress - City texas WorkAddress - State 78415 WorkAddress-Zip Code Victor M. Mendoza qnwwlm� Alternate Phone computer service Job Title Page 1 of 4 Suite orApt "M oft State Postal Code Page 1 of 4 3612904869 veteranafmp@gmail.com Work E-mail address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) I currently go to Del mar college for computer science i volunteer beach clean up every weekend on my own Registered Voter? QQ Yes Q No Current resident of the city? QQ Yes Q No 27 If yes, how many years? resume.tA Upload a Resume Please upload any additional supporting documents Demographics Hispanic Victor M. Mendoza 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. 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. Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. Board -specific questions (if applicable) Victor M. Mendoza Page 3 of 4 victor m mendoza RAval1 ity:Jo Type: EPermanent, Temporary, Term, Detail, Internships Work Schedule: Full -Time, Part -Time, Shift Work, Intermittent, Job Sharing Desired locations:United States - TX - Corpus ChristiUnited States - TX - AustinUnited States - TX - Austin CountyUnited States - HI United States - GU United States - WY United States - VI United States - NY United States - IN United States - FL United States - CA United States - AZ Work Experience: Naval Facilities Engineering Command Ocean Dr, Corpus Christi, TX 78418 Corpus Christi, TX 78418 United States 10/2014 - Present Salary: 21.73 USD Per Hour Hours per week: 40 Series: 4749 Pay Plan: WG Grade: wg-7 MAINTENANCE WORKER (This is a federal job) Duties, Accomplishments and Related Skills: Performing necessary preparatory work prior to floor finishing by stripping old finish, cleaning, scraping, filling holes, and sanding. Mixing stains, sealers, and/or wood filler materials according to guidance from higher graded Painter or strict adherence to manufacturer's instructions. Using common tools and equipment associated with painting (paintbrushes, rollers, scrapers, spray guns, wire brushes, putty knives, and sandpaper). Preparing surfaces for painting by sanding, scraping, shipping, or wire brushing to gain adhesion.Plumbing. Knowledge of the installation and operation of various supply, disposal, and utility systems and equipment, such as water and gas systems fire sprinkler equipment, and water closets. Carpentry. Knowledge of wood and wood substitute materials and construction techniques; skill in construction techniques and operation of general and precision carpentry and woodworking equipment to produce the requested finished product. Ability to interpret complex instructions, sketches, blueprints, and building codes. Electrical. Ability to install and operate electrical fixtures, wiring, and controls and read and follow wiring diagrams. Skill in removing and replacing electrical fixtures and controls; making repairs; rearranging old or installing new outlets, relays, switches, and light fixtures; testing circuits; measuring, cutting, and bending wire and conduit to specified lengths and angles. Knowledge of mechanical theory and pneumatic and hydraulic principles to repair electro- mechanical devices. Painting. Skill in accepted surface preparation and coating methods and techniques; matching, tinting, toning, blending and applying coating materials and agents. Ability to read and apply directions to mix, use and apply various materials, solvents, and precoating agents. Plastering. Knowledge and skill in a variety of plastering methods and techniques, including construction and application of molded plaster cornices, plaster panels, and trim. Pipefitting. Knowledge and ability to install and operate various high-pressure piping systems and equipment. Air Conditioning. Knowledge of the principles and theories of the refrigeration cycle, temperature measurement, refrigerant properties. Skill in constructing, operating, and servicing a variety of domestic air conditioning units and systems, power sources, and cooling units. Heating. Knowledge of combustion, heat transfer and circulation principles; fuel characteristics; heating surfaces, combustion chambers; basic pipefitting techniques and rigging setups; pneumatics, electricity, and basic electronics. Familiarity with the construction and operation of heating systems. Skill in determining condition of system parts and components; installing, aligning, adjusting, and repairing oil, gas, and coal burners, heating boiler components, and other burning mechanisms; performing routine maintenance. Supervisor: anthony Okay to contact this Supervisor: Yes corpus christi army depot rotar head shop corpus christi, TX United States 06/2011 - 01/2012 Hours per week: 40 Series: 0001 Pay Plan: WG aircraft overhaul trades helper (This is a federal job) Duties, Accomplishments and Related Skills: Work involves over thirty-five different configurations of rotor control components and over ten different configurations of rotor heads for Air Force, Navy and Army. Assembles complete helicopter rotor heads or rotor controls and related components. Performs final assembly of the entire end item, assembles subassemblies and components, or performs designated assembly by station on an assembly line. Incorporates authorized modifications and completes adjustments and alignments to assure compliance with prescribed specifications for balance, fits, torque, pressure and/or stretch. Checks parts and items to be used prior to assembly to determine proper identify and assure serviceability. Reviews and researches historical record on finite life items and scraps those with high time. Prepares request for technical engineering call (TEC) for engineering deviation when appropriate. Certifies completion of work requirements on work documents, records any required measurement data, and completes required entries on historical documents. Troubleshoots and repairs malfunctioning items on the assembly line or flight line. Disassembles items designated for minor repair. Determines repair needed. Performs minor rework on parts or replaces parts required to restore item to serviceability. If extensive damage is discovered after disassembly takes appropriate action to assure proper authorization before additional work is accomplished.Requires a through knowledge of helicopter rotor heads or rotor controls and related components. Must be able to perform skilled assembly and alignments to achieve critical tolerances, measurements, and balance. Ability to use measuring instruments such as micrometers, calipers, dial indicator, gauges, and torque wrenches. Requires ability to use reference material to obtain information to complete assembly and repair processes properly and to assure compliance with specifications. Must be able to diagnose problems on components installed on the aircraft and in completing assembly. Ability to select and use proper hand and power tools, equipment, special tools and machinery,Receives work assignments from supervisor or work leader in the form of work orders, quality inspection reports, and verbal instructions. Employee determines proper work sequence, selects tool, equipment and parts, and completes required assembly, alignment, balance and/or repair to produce a serviceable end item. Technical information is available in technical orders and manual manufacturer specification, factory -engineering bulletins, and shop travelers. Verifies work of and provides guidance to lower grade mechanics and military. Assists quality inspectors, engineers, etc. in special investigations, studies, and audits. The supervisor or work leader is available for assistance with unusual problems. Completed work is subject to quality inspection and spot check by supervisor to assure compliance with Supervisor: cavan cardeaz Okay to contact this Supervisor: Yes Corpus Christi Army Depot {ccad} Address. 11001 D Street Suite 101 Corpus Christi, TX 78419 Corpus Christi, TX 78412 United States 06/2008 - 06/2009 Salary: 19.00 USD Per Hour Hours per week: 40 Series: 0249 Pay Plan: WG Grade: wg-5 Metal Spray Helper (This is a federal job) Duties, Accomplishments and Related Skills: Duties: Prepares parts for metal spraying or grinding. Visually examines items to be coated, assuring items are generally free from oil, dirt, oxides, corrosion, dust or any foreign substance. Treat metal area exposed during reworking. Assembles parts and components into sub -assemblies incorporating required modifications. Masks surfaces which should be protected from metal spray.I was responsible for determining if the item can be reworked and complete routing document for work needed by other shops. Operates degrease and air blasting equipment to clean and free surfaces of paint, scale, grease, rust, dirt and carbon deposits. Cleans parts in degreaser vats and blasts parts with specified grit. Assists higher graded personnel in applying metal spray process to those items to be sprayed. Maintains cleaning equipment used in cleaning parts. Cleans and recharges machine with specified cleaning compounds; fills spray equipment with pre -mixed materials. Performs other duties as assigned. Completes minor rework of compressor to restore serviceability such as buffing polishing or grinding surfaces to smooth out pits and scratches , bead blasting , shot peening also using proper fixtures for safety measures. loaned out to paint shop in same building in order to lighten up the overtime .i work well with others,once taught the proper method by Robert Casarez the supervisor in the paint shop i needed little to no supervision. quick learner,I work great under pressure and i have a knowledge of rotor heads or rotor controls. I gained skills particular for the paint shop such as micrometers, calipers dial indicators, techniques to perform surface preparation and coating. invaluable experience with tools, equipment, and/or materials for cleaning, taping brushing, scraping and sealing surfaces such as engines, transmissions, rotor head structures/components, and sheet metal also with preparation and painting all types of surfaces using spray guns, brushes, and rollers Prep surfaces with the accepted methods and techniques, to ensure the required smoothness, level,shape requirements tint tone.i also learned about various agents (for example, retardants, drying agents), and combine coating mixtures to get the proper color, texture, consistency, and drying state.also am more than capable of standing bending walking stooping or sitting for long intervals Supervisor: richard garcia Okay to contact this Supervisor: Yes ccad Address. 11001 D Street Suite 101 Corpus Christi, TX 78419 Corpus Christi, TX 78412 United States 01/2008 - 01/2009 Salary: 19.00 USD Per Hour Hours per week: 30 Painter Helper Duties, Accomplishments and Related Skills: loaned out to paint shop in same building in order work well with others,supervised by Robert Casarez to lighten up the overtime .i in the paint shop i needed little to no supervision. quick learner,I work great under pressure and i have a knowledge of rotor heads or rotor controls. I gained skills particular for the paint shop such as micrometers, calipers dial indicators, techniques to perform surface preparation and coating. invaluable experience with tools, equipment, and/or materials for cleaning, taping brushing, scraping and sealing surfaces such as engines, transmissions, rotor head structures/components, and sheet metal also with preparation and painting all types of surfaces using spray guns, brushes, and rollers Prep surfaces with the accepted methods and techniques, to ensure the required smoothness, level,shape requirements tint tone.i also learned about various agents (for example, retardants, drying agents), and combine coating mixtures to get the proper color, texture, consistency, and drying state.also am more than capable of standing bending walking stooping or sitting for long intervals Supervisor: robert casarez Okay to contact this Supervisor: Yes A&B Home improvment and discount cabinets Corpus Christi, TX United States 03/2007 - 03/2008 Salary: 8.00 USD Per Hour Hours per week: 40 General Laborer Duties, Accomplishments and Related Skills: Place, consolidate, and protect case -in-place concrete or masonry structures. Position, join, align, and seal structural components, such as concrete wall sections and pipes. Shovel cement and other materials into portable cement mixers; and mix, pour, and spread concrete. Signal equipment operators to facilitate alignment, movement, and adjustment of machinery, equipment, and materials. Smooth and finish freshly poured cement or concrete, using floats, trowels, screeds, or powered cement finishing tools. Spray materials such as water, sand, steam, vinyl, paint, or stucco through hoses to clean, coat, or seal surfaces. Tend machines that pump concrete, grout, cement, sand, plaster or stucco through spray -guns for application to ceilings and walls. Tend pumps, compressors, and generators to provide power for tools, machinery, and equipment, or to heat and move materials such as asphalt. Lubricate, clean, and repair machinery, equipment, and tools. Operate, read, and maintain air monitoring and other sampling devices in confined and/or hazardous environments. Apply caulking compounds by hand or using caulking guns. Build and position forms for pouring concrete, and dismantle forms after use, using saws, hammers, nails, or bolts. Clean and prepare construction sites to eliminate possible hazards. Control traffic passing near, in, and around work zones. Dig ditches or trenches, backfill excavations, and compact and level earth to grade specifications, using picks, shovels, pneumatic tampers, and rakes. Erect and disassemble scaffolding, shoring, braces, traffic barricades, ramps, and other temporary structures. Grind, scrape, sand, or polish surfaces such as concrete, marble, terrazzo, or wood flooring, using abrasive tools or machines. Install sewer, water, and storm drain pipes, using pipe -laying machinery and laser guidance equipment. Load, unload, and identify building materials, machinery, and tools, and distribute them to the appropriate locations, according to project plans and specifications. Measure, mark, and record openings and distances to lay out areas where construction work will be performed. Mix ingredients to create compounds for covering or cleaning surfaces. Provide assistance to craft workers, such as carpenters, plasterers, and electricians Raze buildings and salvage useful materials. Read and interpret plans, instructions, and specifications to determine work activities. Use computers and other input devices to control robotic pipe cutters and cleaners. Identify, pack, and transport hazardous and/or radioactive materials. Supervisor: Juan villarreal Okay to contact this Supervisor: Yes United States Airforce global, TX United States 02/2004 - 05/2006 Salary: 1,500.00 USD Bi -weekly Hours per week: 40 Military Police Duties, Accomplishments and Related Skills: Leads, manages, supervises, and performs force protection duties, including use of deadly force to protect personnel and resources. Protects nuclear and conventional weapons systems and other resources. Performs air base defense functions contributing to the force protection mission. Controls and secures terrain inside and outside military installations. Defends personnel, equipment, and resources from hostile forces. Operates in various field environments, performs individual, and team patrol movements, both mounted and dismounted, tactical drills, battle procedures, convoys, military operations other than war, antiterrorism duties, and other special duties. Operates communications equipment, vehicles, intrusion detection equipment, crew -served weapons, and other special purpose equipment. Applies self -aid buddy care, life saving procedures, including cardiopulmonary resuscitation, as first responder to accident and disaster scenes. Provides armed response and controls entry. Detects and reports presence of unauthorized personnel and activities. Implements security reporting and alerting system. Enforces standards of conduct, discipline, and adherence to laws and directives. Directs vehicle and pedestrian traffic. Investigates motor vehicle accidents, minor crimes, and incidents. Operates speed measuring, drug and alcohol, and breath test devices. Apprehends and detains suspects. Searches persons and property. Secures crime and incident scenes. Collects, seizes, and preserves evidence. Conducts interviews of witnesses and suspects. Obtains statements and testifies in official judicial proceedings. Responds to disaster and relief operations. Participates in contingencies. Develops plans, policies, procedures, and detailed instructions to implement SF programs. Plans, organizes, and schedules SF activities. Provides oversight, guidance, and assistance to commanders with the application of information, personnel, and industrial security programs. Operates pass and registration activities. Supervises and trains SF augmentees. Provides on -scene supervision for security forces. Inspects and evaluates effectiveness of SF personnel and activities. Analyzes reports and statistics. Leads, manages, supervises, and implements ground weapons training programs. Operates SF armories. Controls and safeguards arms, ammunition, and equipment. Instructs ground weapons qualification training. Provides guidance on weapons placement to security forces and ground defense force commanders. Inspects ground weapons and replaces unserviceable parts. Analyzes malfunctions by inspection and serviceability testing. Uses precision gauges, testing instruments, and special tools to adjust parts and operating mechanisms. Function -fires weapons for accuracy and serviceability. Controls and operates firing ranges and associated facilities to include supervising construction and rehabilitation. Supervisor: Ssgt ellingson Okay to contact this Supervisor: Yes United Wellhead Service Robstown , TX United States 07/2002 - 11/2002 Salary: 6.50 USD Per Hour Hours per week: 40 General Laborer Duties, Accomplishments and Related Skills: My duties included the preparation of well heads for re manufacturing. I disassembled well head parts and a assemblies using various hand tools such as wrenches, screwdrivers, ratchets and sockets, sledge hammer and crow bar. I used steam and pressure washing equipment to clean the disassembled well heads of dirt, grease and grime. I regulated the steam controls to produce the required heat from the heating system. I manually washed lubrication or and cleaned well head parts in tanks of hot/cold cleaning solutions. I also hand cleaned parts with brushes and other hand held tools. I operated a sand blast machine to remove rust and paint. I assisted journeyman in the reassembly of the well heads. Measures, cuts and threads pipes using ruler, hacksaw, pipecutters, and threading machines I have the skills and knowledge to operate industrial washers, utilizing steam pressure, degreaser solution, steam valve and required solvents to remove dirt, grease and/or paint from a variety of aircraft engine parts, assuring nicks, burrs, and rust pits are removed. Determines proper sequence of cleaning processes and time exposure of parts required to avoid possible damage to parts and meet required degree of cleanliness and removes radiator valves and inspects for defects and repacks valves overall acceptability. Also painting, storage or containerization checking items for obvious wear, cracks, nicks, burrs, or other surface defects, using equipment, solvents, brushes, buffers, scouring pads to clean or sand surfaces; replacing plugs, nuts, gaskets I have the ability to spray parts and equipment with cleaning solution, operating control valves on the steam pressure cleaner and on the degreasing machine to control the flow of steam and cleaning solution. I have previous experience in mixing chemicals and cleaners in solutions and charge pressure pots. I have also operated deburring, vibratory and ultrasonic cleaning machines, using specified media to clean the parts. I can manually wash and clean engine parts in tanks of hot or cold cleaning solutions. I also have the skills and knowledge to hand clean parts with brushes and other hand tools. I can apply corrosion preventive compound by dipping parts in tanks or vats. I have also the ability to operate power driven wire or cloth brush cleaner. I can mix various cleaning and degreasing solutions such as caustic soda, carbon removing compounds, paint strippers and other cleaning compounds. I also operate bead blast machines using prescribed techniques and instructions when required. I poses the knowledge of appropriate materials and cleaning agents to utilize in the cleaning process in accordance with types of metals and finish required. I am also knowledgeable of the operation of industrial washers and cleaning equipment. Supervisor: Don Mcatee Okay to contact this Supervisor: Yes Education:Military Police Academy San antonio, TX United States ERROR 06/2004 GPA: 4.0 of a maximum 4.0 Major: Criminal Justice Death Investigation Relevant Coursework, Licenses and Certifications: Weapons training including m16, m4, m9,combat training we are highly trained in ground combat skills, including land navigation, crew served weapons systems, claymore mines, fragmentation hand grenade use, "LAWS" (light anti-tank weapon) deployment, hand and arm signals, squad movements, and many other skills. Preventive Maintenance on equipment of vehicles, assigned weapons, and personnel equipment.Trained in the use of Technical Manuals and Field Manuals. Job Related Training:High School Carroll High School 08/15/1999 - 06/06/2003 Corpus Christi, Texas United States Degree: High School Diploma - Major: N/A; Minor: N/A; Additional Information License - C.D.L class A (10/13/2007) Driver license class A Air Force Basic Training - 02/24/2004 Received basic training in the following areas: Basic First Aid, Time- Management, Team -Building, Map -Reading, Basic Leadership, Weapons Marksmanship, and topics such as Air Force history, dress and appearance, military customs and courtesies, ethics, security, and alcohol/drug abuse prevention and treatment, and field training including protection against biological and chemical attack. Language Skills: Language Spoken Written Read Spanish Advanced Advanced Advanced Additional Information:Military Awards- 02/24/2004- 06/13/2006 Global War on Terrorism Service Medal, Air force Training Ribbon, National Defense Service Medal, Overseas Long Tour Ribbon, Basic Force Protection Occupational Badge. BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, COMMISSION OR COMMITTEE FOR THE Profile Scott H Mesmer Prefix First Name Middle Last N Initial Email Address Submit Date: Jul 05, 2016 Status: submitted 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 City District 4 What district do you live in? lmwmn��� Primary Phone CAE Employer WorkAddress- StreetAddressand Suite Number Corpus Christi WorkAddress - City TX WorkAddress - State Alternate Phone Instructor Job Title Scott H Mesmer Page 1 of 5 TMOWN-11M.-I Suite orApt 9" "M State Postal Code 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 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. NUM 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. Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. 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, COMMISSION Submit Date: Jul 24, OR COMMITTEE FOR THE 2016 Status: submitted Profile Deborah _ K Rios Prefix First Name Middle Initial Last Name Suffix Email Address Which Boards would you like to apply for? ETHICS COMMISSION Street Address City District 4 What district do you live in? lmmnwm� 100000� Primary Phone Alternate Phone Rios Law Office Attorney Job Title 3230 Reid Dr., Suite J Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78404 Work Address - Zip Code Deborah K Rios Page 1 of 4 %-Us"Now Suite or Apt pop - State Postal Code Page 1 of 4 3615105806 Work Phone drioslaw@aol.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: None Education, Professional and/or Community Activity (Present) Coastal Bend Women Lawyers Association - Board of Directors, President Corpus Christi Tennis Association - Board of Directors, Previous board member (2014) Registered Voter? r• Yes r No Current resident of the city? r Yes r No 47 If yes, how many years? Resume-DKR-NEW.pdf Upload a Resume Please upload any additional supporting documents Demographics Deborah K Rios 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. W I Agree Deborah K Rios 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. V I Agree Board -specific questions (if applicable) Deborah K Rios Page 4 of 4 OBJECTIVE DEBORAH K. RIOS To obtain a position in which I can utilize my present skills, develop new skills, and have an opportunity for advancement. PROFESSIONAL EXPERIENCE Solo Practitioner July 2012 - Present RIOS LAW OFFICE June 2007 - November 2010 3230 Reid Dr., Suite J, Corpus Christi, Texas 78404 June 2003 - December 2005 The majority of my professional career has been as solo practitioner. Originally I opened my office practicing in the areas of family law, personal injury, wills & estates, and employment law. In 2007 1 expanded my practice to include criminal law. As my practice has expanded over the years I have narrowed my areas of practice to criminal and family law. As a solo practitioner am responsible for drafting all legal documents, meeting with clients, conducting investigation of facts, drafting and answering discovery, and preparing cases for trial. I also have ad (item certification and am frequently appointed as amicus and/or attorney or guardian ad (item in district court and in CPS cases. Assistant Attorney General September 2009 - June 2012 OFFICE OF THE ATTORNEY GENERAL, 2820 S. Padre Island Dr., Corpus Christi, Tx 78415 was responsible for representing the State of Texas at legal proceedings to locate, establish, enforce, modify or terminate court orders for child support and medical support. I provided legal advice and consultation to parties in the Child Support Program. I provided leadership to the court legal team and was responsible for overseeing that employees complete all tasks in a timely manner. My responsibilities included preparing a large court docket and meeting with the legal team to provide direction and/or training necessary to assist in them in implementing the necessary tasks in order to produce a final order in each case. In -House Counsel January 2006 - June 2007 CORPUS CHRISTI ALLERGY & ASTHMA, CORPUS CHRISTI DERMATOLOGY & SKIN SURGERY CENTER and MORGAN PEDIATRIC CENTER, 2502 Morgan Ave., Corpus Christi, Tx was hired as the first in-house counsel for James A. Caplin, M.D., physician -owner of an allergy, dermatology and pediatric clinic. I was responsible for providing leadership in evaluating and mitigating the multitude of legal, ethical and financial risks inherent in operating a large solo practice physician's office in the increasingly regulated healthcare industry. My responsibilities included drafting and reviewing all company contracts, reviewing and negotiating health plan contracts including fee schedules, advising on employment issues including hiring, promotion and training processes, investigating and responding to Texas Medical Board complaints, drafting informed consents for various medical procedures, consulting with senior executive management on contract and legal issues, using and managing outside counsel in a cost efficient manner, drafting compliance programs to prevent and detect violations of law, and providing general legal advice on any and all federal and state statues affecting the company. EDUCATION Associate Attorney October 2002 - May 2003 HORNBLOWER, MANNING & WARD, 711 N. Carancahua, #1811, Corpus Christi, Tx As an associate attorney I worked closely with senior partners in the defense of toxic tort, product liability, personal injury, and commercial litigation claims. I assisted with the defense of premise owners and product manufacturers in personal injury and product liability suits involving allegations of various types of chemical exposures. Additionally, I executed day-to-day activities such as conducting investigations, interviewing witnesses, preparing corporate representatives for deposition, coordinating discovery, managing pretrial matters, conducting settlement negotiations and overseeing document productions. Juris Doctor St. Mary's University School of Law, San Antonio, TX Bachelor of Arts - Political Science with Honors Texas A&M University, with honors, Corpus Christi, TX Associates in Applied Science - Legal Assisting Del Mar College, Corpus Christi, TX High School Diploma W. B. Ray High School ORGANIZATIONS AND LICENSES • Member of the State Bar of Texas (admitted Nov 2002) • Member of the Corpus Christi Bar Association • Member of the Texas Criminal Defense Lawyers Association • President, Coastal Bend Women Lawyers Association • Previous Director, Corpus Christi Tennis Association (2014) 8/99-5/02 8/97-5/99 8/87-5/91 May 1987 Corpus Christi, Texas BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Oct 07, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile P refi x Email Address Craig First Name Which Boards would you like to apply for? ETHICS COMMISSION Street Address City District 4 What district do you live in? Rogers Middle Last N:°;'r: Initial Suite orApt I -oft oft State Postal Code Primary Phone Alternate Phone GEICO MANAGING ATTORNEY Employer Job Title 5262 S. STAPLES, STE. 300 WorkAddress- StreetAddressand Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78411 WorkAddress-Zip Code Craig Rogers Page 1 of 4 361-288-8177 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) EDUCATION: UNIVERSITY OF TEXAS LAW SCHOOL, JD. 1987, SAM HOUSTON STATE, BBA IN FINANCE WITH HONORS, MAGNA CUM LAUDE 1984 PROFESSIONAL: MANAGING ATTORNEY GEICO, 2012 -PRESENT; ASSISTANT CITYATTY MUNICIPAL COURT, CORPUS CHRISTI, SEPT. 2012; PUBLISHER, GULFSCAPES MAGAZINE, 2008-2012; JONES, ROGERS AND NAVARRO, PARTNER OF LAW FIRM, 1988-2008 COMM UNITYACTIVITIY: CANDIDATE FOR DISTRICT ATTORNEY, COMAL COUNTY, 2002; BAREFOOT MARDI GRAS PLANNING COMMITTEE 2014 Registered Voter? QQ Yes O No Current resident of the city? QQ Yes Q No 6 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Craig Rogers Page 2 of 4 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. 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. Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. Craig Rogers Page 3 of 4 Board -specific questions (if applicable) Craig Rogers Page 4 of 4 City Of Corpus Christi LIBRARY BOARD The Library Board shall be advisory to the City Council and its duties shall be to investigate and recommend to the Council matters relating to library services. COMPOSITION Nine (9) members of which seven (7) members shall be appointed for two-year EZIL terms by the City Council, one (1) member shall be nomnated by the La Retama Club, and one (1) shall be nomnated by the Friends of the Corpus Christi Public Libraries Board for a term of two -years. Each nominee must be confirmed by a majority of City Council Members. CREATION 1 AUTHORITY MEETS TERM DETAILS DEPARTMENT COMMITTEEI SUBCOMMITEE AGENDAS OTHER INFORMATION Section 2-75, Code of Ordinances. Ordinance Nos. 1889, 12044, 13235, 18473, 18606, M85-0399, 8-27-85; 19830, 7-7-87; M87-0330, 9-22-87; 20115, 12-17-87; 20294, 5-3-88; 20674, 5-16-89; 022900, 4-15-97; 027945, 11-18-08. 1st Tuesday of every month, 10:30 a.m., La Retama Central Library Board Room, 2nd Floor, and occasional location changes to other Branch Libraries. Two-year terms. Libraries Library Board Members September 20, 2016 One (1) vacancy with term to 11-5-17 representing the following category: 1- Regular Member. id End Date Position Rachel Buck LIBRARY BOARD Resigned District 4 2 11/5/2017 Regular Member Member Natalie Rogen LIBRARY BOARD Active District 4 3 11/5/2016 Friends of the Libraries Board Member Abigail Bair LIBRARY BOARD Active District 4 1 11/5/2017 Regular Member Member Brian Solarek LIBRARY BOARD Active District 4 2 11/5/2017 Regular Member Vice -Chair Alice Nixon LIBRARY BOARD Active District 5 Partial 11/5/2016 La Retama Club Member Margaret Jane Epley Kratzig LIBRARY BOARD Active District 2 Partial 11/5/2017 Regular Member Member Leanne Winkler Libby LIBRARY BOARD Active District 4 Partial 11/5/2016 Regular Member Member Juanita Hernandez LIBRARY BOARD Active District 1 1 11/5/2017 Regular Member Member Harris M. Worchel LIBRARY BOARD Active District 5 Partial 11/5/2016 Regular Member Member Library Board Applicants September 20, 2016 Boards A••I in For District Em .lo er Work Address St. air Dr. Hatcher E. Chalkley LIBRARY BOARD District 4 Retired Candace S. Hart LIBRARY BOARD District 1 Retired L!� Iteguter;8lnber BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jan 21, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Dr. Hatcher E. Chalkley Prefix First Name Middle Last N:°; Initial Email Address Which Boards would you like to apply for? LIBRARY BOARD Street Address City District 4 What district do you live in? lmwmmm� Primary Phone reti red Employer WorkAddress - StreetAddressand Suite Number WorkAddress - City WorkAddress - State WorkAddress-Zip Code Suite orApt I -oft oft State Postal Code VMNNNNN�' Alternate Phone Job Title Work Phone drhatch@patandhatch.org 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: None Education, Professional and/or Community Activity (Present) See attached resume. Also: Attended more than half the Library Board meetings, as a member of the public, since 2006. Served on the Library Board subcommittee on long-range planning in 2011. Registered Voter? Q Yes 0 No Current resident of the city? Q Yes Q No 13 If yes, how many years? chalkley bio_for library 2016.pdf Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement Consent for Release of Information Board -specific questions (if applicable) Question applies to LIBRARY BOARD. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® None of the Above Hatcher E. Chalkley Born in Richmond, Virginia, Hatcher Chalkley (BSEE VPI 1964, MSEE Stanford 1965, PhDEE VPI 1968), moved to Texas immediately after grad school. He worked for Texas Instruments, Inc. for 28 years, mostly in the Dallas area, as a systems engineer. He was awarded the designation Senior Member, Technical Staff there in 1981. During his career at TI, he worked in a variety of assignments on defense, FAA and commercial communications and navigation systems design and development. This work included signal processing algorithm development, performance analysis, specification writing and negotiation, and ongoing interaction with customers. Dr. Chalkley retired from TI at the end of 1996 and moved to Corpus Christi in 2002 where he lives with his wife, Dr. Patricia Hudson, a licensed psychotherapist and author. He is a Licensed Professional Engineer (retired) in Texas. He has dabbled in flying, scuba diving, photography (including underwater), sailing (including offshore passages), and computer programming. He is currently on the Audio-Visual/Website Team for a local church. BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: May 09, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Candace S Hart Prefix First Name Middle Last N: Initial Email Address Which Boards would you like to apply for? LIBRARY BOARD Street Address City District 1 What district do you live in? lmwmmm� Primary Phone Retired Employer WorkAddress - StreetAddressand Suite Number WorkAddress - City WorkAddress - State WorkAddress-Zip Code Suite orApt I -oft oft State Postal Code VMNNNNN�' Alternate Phone Librarian Job Title Work Phone cshart77@aol.com Work E-mail address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Graduate of Pratt Institute, Queens College. Post -Graduate at University of Texas at Dallas. Professional affiliations (past and present) include, but are not limited to: Texas Library Association, Texas Retired Teachers Association, Corpus Christi Area RTA, San Antonio Area RTA (Executive Board Officer), American Library Association, Connecticut Educational Media Association, Association of Texas Professional Educators. Registered Voter? Q Yes 0 No Current resident of the city? Q Yes Q No .5 If yes, how many years? Resume -Library Board.docx Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Ethnicity Female Gender Verification City Code Requirement Consent for Release of Information Board -specific questions (if applicable) Question applies to LIBRARY BOARD. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® None of the Above CANDACE S. HART OBJECTIVE To obtain a position on the Corpus Christi Library Board, in which a strong dedication to the total development of Corpus Christi library patrons, staff, and facilities, along with a high degree of enthusiasm, can be fully utilized. PHILOSOPHY Committed to the process of community service and librarianship that allows me to encourage and facilitate a program capable of guiding patrons to achieve their own goals and objectives. PROFESSIONAL LIBRARY EXPERIENCE SAN ANTONIO INDEPENDENT SCHOOL DISTRICT Librarian, Sam Houston High School, grades 9-12, 2001-2010 REGIONAL SCHOOL DISTRICT No. 10. Burlington/Harwinton, Connecticut Library Media Specialist, grades 6-12, 1995-2000 AVON FREE PUBLIC LIBRARY. Avon, Connecticut Public Services Department, 1995 SNO-ISLE REGIONAL LIBRARY SYSTEM. Marysville, Washington Public Services Department, 1993-1994 PLANO PUBLIC LIBRARY. Plano, Texas Public Services Department, 1990-1992 UNIVERSITY OF TEXAS AT DALLAS. Richardson, Texas Cataloging Department, 1988-1990 SIMSBURY PUBLIC SCHOOLS. Simsbury, Connecticut Library Media Specialist, grades K-6, 1983-1985 SHILOH ELEMENTARY SCHOOL. Monroe, North Carolina Library Media Specialist, grades K-5, 1982-1983 EDUCATION Pratt Institute, Brooklyn, New York Bachelor of Science, Food Science and Management, 1970 Queens College, Charlotte, North Carolina Teaching Certificate, Media Education, 1982 University of Texas at Dallas, Richardson, Texas Master of Arts, Humanities program PROFESSIONAL AFFILIATIONS (past and present) American Library Association Texas Library Association Connecticut Educational Media Association Texas Retired Teachers Association Corpus Christi Area Retired Teachers Association San Antonio Area Retired Teachers Association Association of Texas Professional Educators PROFESSIONAL CERTIFICATIONS Texas - Learning Resources Specialist; English Connecticut - Library Media Specialist Washington - Learning Resources; English North Carolina - Associate Media Coordinator City Of Corpus Christi TRANSPORTATION ADVISORY COMMISSION The Transportation Advisory Commission is responsible for providing a public forum for the discussion of proposed ordinances or actions relating to traffic operations and transportation planning matters; advise the City Council and City Manager or designee on traffic regulations and Chapter 53 — TRAFFIC of the Corpus Christi Municipal Code; conduct any required public hearing for the purposes of obtaining federal and state financial assistance for proposed transportation improvement projects (the substance of any comments and review by the Transportation Advisory Commission will be summarized for City Council); independently review grant applications for transportation improvement projects; promote public knowledge of traffic enforcement and understanding of City transportation issues; promote public acceptance of transportation programs that are proposed or initiated by the City and provide advice on regional transportation issues; provide recommendations on mobility, access management, and traffic safety issues for the City's multi -modal transportation system; provide recommendations on transportation aspects of the City's Capital Improvements Program; monitor the implementation and evaluate the City's mobility -related master plans; submit annual reports to the Planning Commission and City Council; independently review traffic safety reports for City streets and provide recommendations for traffic safety- related improvements; research, develop, analyze, evaluate, and implement coordinated traffic safety and transportation programs which meet local needs; independently review the decisions, orders, and warrants of the City Traffic Engineer concerning installation of traffic control devices, establishment of traffic regulations and hear citizen comments concerning these matters; act on access management issues in the City's Unified Development Code and make recommendations on traffic impact analysis as per the Unified Development Code to the Planning Commission and City Council. COMPOSITION Nine (9) residents of the City appointed by the City Council for three-year terms. F-Fo-lk At least one (1) member shall be a representative of the bicycling community. The terms of three (3) members shall expire on May 1st of each year. The Commission elects a Chairman and Vice -Chairman annually at the first regular meeting following the annual appointments in May. The City Manager or designee may DETAILS recommend for appointment ex -officio members. The Commission is authorized to appoint, as ex -officio members without voting privileges, any additional members. .................................................................................................................................................................................................................................................... CREATION / AUTHORITY Section 2-120, Code of Ordinances. Ordinance No. 3679, 3-3-54; amended by Ord. Nos. 6577, 10079, 10912, 11841, 17526, 20294 - 5-3-88; amended by Ordinance No. 30474, 4/14/15. ............................................................................................................................................................................................................................................................................................................................ MEETS 4th Monday of every month, 2:30 p.m., City Hall, Council Chambers TERM DETAILS Three-year terms. DEPARTMENT Street Department COMMITTEE/ SUBCOMMITEE AGENDAS OTHER INFORMATION 1 Beard lame L �7 Transportation Advisory Commission Members September 20, 2016 One (1) vacancy with term to 5/1/18. Gretchen Arnold TRANSPORTATION ADVISORY COMMISSION Resigned District 2 2 5/1/2018 Member i Dennis Miller TRANSPORTATION ADVISORY COMMISSION Active District 5 1 5/1/2017 Member Wilfredo Rivera Jr TRANSPORTATION ADVISORY COMMISSION Active District 2 1 5/1/2018 Member Anthony Gavlik TRANSPORTATION ADVISORY COMMISSION Active District 4 1 5/1/2018 Bicycle Community Representative Member Robert Saldana TRANSPORTATION ADVISORY COMMISSION Active District 5 1 5/1/2019 Chair Elena Buentello TRANSPORTATION ADVISORY COMMISSION Active District 3 1 5/1/2019 Member Edd Price TRANSPORTATION ADVISORY COMMISSION Active District 2 2 5/1/2017 Member Scott Harris TRANSPORTATION ADVISORY COMMISSION Active District 1 2 5/1/2019 Vice -Chair Leo Rios TRANSPORTATION ADVISORY COMMISSION Active District 4 Partial 5/1/2017 Member 1 Valente Olivarez TRANSPORTATION ADVISORY COMMISSION Active District 1 N/A N/A TXDOT Ex -Officio, Non-voting Wes Vardeman TRANSPORTATION ADVISORY COMMISSION Active District 1 N/A N/A CCRTA Ex -Officio, Non-voting Jeffrey Pollack TRANSPORTATION ADVISORY COMMISSION Active District 4 N/A N/A CCMPO Ex -Officio, Non-voting Bicycle Community Re.resentative Boards A in For 111 District IMI Work Phone Robert A. Alvarez TRANSPORTATION ADVISORY COMMISSION District 5 ALVAREZ INSURANCE GROUP Karen Beard TRANSPORTATION ADVISORY COMMISSION District 5 INGRAHAM ORTHODONTICS Thomas Knight TRANSPORTATION ADVISORY COMMISSION District 4 5810 S. Staples Corpus Christi TX 361-442-6799 No 5525 S. Staples, Bldg. C Corpus Christi TX 361-992-4746 Yes No Transportation Advisory Commission Applicants September 20, 2016 Lyndon E. Smiling TRANSPORTATION ADVISORY COMMISSION District 4 SIKORSKY AIRCRAFT 308 Crecy Street Corpus Christi TX No Tommy Watson, Jr. TRANSPORTATION ADVISORY COMMISSION District 1 SOUTHERN CYCLES BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION Submit Date: Jul 05, OR COMMITTEE FOR THE 2016 Status: submitted Profile Robert _ A Alvarez Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, ETHICS COMMISSION, TRANSPORTATION ADVISORY COMMISSION Street Address City District 5 What district do you live in? Primary Phone Alternate Phone Alvarez Insurance Group Owner/Broker Job Title 5810S. Staples Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State Robert A Alvarez Page 1 of 5 vwm���� Suite or Apt pwp;,— - — oft State Postal Code Page 1 of 5 78413 Work Address - Zip Code 3614426799 Work Phone 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: M 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? (-. Yes r'No Current resident of the city? Yes r No 32 If yes, how many years? Adam s Resume 2014 1 docx Upload a Resume Please upload any additional supporting documents Robert A Alvarez Page 2 of 5 Demographics 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. P 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. 1W I Agree Robert A Alvarez 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 TRANSPORTATION ADVISORY COMMISSION. Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? rYes r.No Robert A Alvarez Page 4 of 5 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. ,/ Typing — over 65 words per minute ,/ Strong use of multi -line phone and soft -phones ,/ Extremely clean background and driving record Areas of Expertise: ,/ Strong multitasker ,/ Very fast learner ,/ Experienced in data entry and 10 -key with good speed and accuracy ,/ Highly professional ,/ Expert with all MS Office applications and other computer programs ,/ Expert in creating and filing reports ,/ Excellent people skills 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 Page 2 of 2 References available upon request... BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE Profile Karen _ Beard Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? TRANSPORTATION ADVISORY COMMISSION Street Address City District 5 What district do you live in? lmmnwm� 100000� Primary Phone Alternate Phone Ingraham Orthodontics _ Marketing Coordinator Employer Job Title 5525 S. Staples Bldg C Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State 78411 Work Address - Zip Code Karen Beard Submit Date: May 05, 2016 Status: submitted Page 1 of 4 %au"Now Suite or Apt pop - State Postal Code Page 1 of 4 361-992-4746 Work Phone karen@ingrahamsmiles.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: I have served on the Traffic Advisory Committee until I termed out a couple of years ago. I thought there were some terming out now. Education, Professional and/or Community Activity (Present) CC Citizens Fire Academy, CC Citizen Police Academy and various church committees. I am a Certified Child Passenger Safety Instructor. I worked at Driscoll for 10 years where I was the Injury Prevention Coordinator. I am currently in Marketing. Registered Voter? r• Yes c' No Current resident of the city? r Yes r No 19 If yes, how many years? karen resume 2016.docx Upload a Resume Please upload any additional supporting documents Demographics Karen Beard Page 2 of 4 Caucasian/Non-Hispanic Ethnicity Female _ Gender Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, 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 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 Karen Beard 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. V I Agree Board -specific questions (if applicable) 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? (-. Yes r No Karen Beard Page 4 of 4 Karen Beard Education: Oklahoma Community College, 1987-1990 Tulsa Junior College 1990-1991 Studied Education and Business Employment History Ingraham Orthodontics May 2014 to current Marketing Coordinator/Scheduling • SEO for all Social Media sites • Designing new website for Doctor • Content writing for new website • Work with Photographer to get pictures needed for new website • Creating new video's with videographer for new website • Visit referring Dentist offices • Develop outreach programs for new referrals • Implement In -House Contests for patients • Assist Doctor when needed for his non -patient work • Set up and maintain digital sign in waiting room and treatment area Victoria Residence and Rehabilitation Center Sept 2013 to May 2014 Human Resource and Payroll Supervisor • Process applications, including I-9 verification, criminal background License verification, and reference verification • Conduct new employee orientation • Verify clocking, input all data to ensure proper payroll and submit for processing • Prepare PPD report for Administrator • Track in -services for all employee and to ensure all education is current according to State requirements • Act as liaison and arbitrator for employee and facility concerns and complaints • Process caution notices and terminations • Process Insurance for employees Act as back-up for Business Office Manager, working with insurance verification, census. Work with residents and their families to ensure that care is at the highest level. Fountain of Youth Medical Spa April 2013-Au2ust 15 2013 Assistant Manager • Give injections, check blood pressure and basic consultation to clear for diet programs • Provide treatments on all equipment • Interview, terminate and employee evaluations • Maintain, update employee manual • Verify and maintain employee records and certifications • Background checks • Set schedules, vacation and events • Payroll preparation • Promote and increase sales and goals • Marketing in the community Phvsicians Medi -Spa November 2009 to April 2013 • Medical Esthetician Chemical Peels • Ultherapy Certified • Ultherapy Advanced Training Certified • Cool Sculpting Certified • Syneron Laser Hair Removal, SRA Certified, Matrix and Skin Tightening • Hydrafacial Certified Duties other than services offered; I lead in implementing new software operating system, took care of scheduling and time sheets. Also, ordered supplies for equipment as needed. Wrote checks to pay bills, made copies and provided them for the accountant. Also other duties as requested. Driscoll Children's Hospital, August 1999 -Feb 2010 Injury Prevention Program Coordinator/Manager NHTSA child passenger safety technician in 1999, in 2000 I became an Instructor. Our program collaborates with local law enforcement and community agencies on child passenger safety and other injury prevention topics. In 2005, the door opened up for me to instruct local fire and police department cadet's during their training. I also offer trainings for existing law enforcement officers and fire fighters. • National Highway Traffic and Safety Administration Child Passenger Safety Instructor, one of three Instructors in the Coastal Bend. • Write numerous grants to fund Injury Prevention Program, average grant amount of $65,000.00 per year. • Supervised 3-18 employees in the Injury Prevention Program, which includes performance evaluations, advancement goals and day to day work. • 2007 attended DCH Manager School, it covered FMLA, Workers Comp, Proper/legal interview process etc. • Worked with Upper Management to stay within budget guidelines • Maintained operating budget • Work with and educate employees of numerous agencies promoting safety. • Applied and succeeded to be local lead organization for Safe Kids National. • American Heart Association CPR Instructor for 9 years. • Chair "Shattered Dreams" teenage drinking a driving prevention program. • Processed background checks of volunteers • Speak to community groups on injury prevention topics including child passenger safety. • Represent DCH to media and newspaper on Injury Prevention programs and Injury Prevention education, Television interviews on a regular basis representing DCH. • Speaker at conferences on child passenger safety and all areas of non- intentional injuries. • Collaborate with local law enforcement and community agencies on child passenger safety. • Organize and coordinate Safe Sitter Program. • Safe Sitter Program Instructor. • Represent Injury Prevention Programs at Health Fairs. • Instruct hospital staff in Corpus Christi and Rio Grande valley on child passenger safety (four hour classes). Trainin2s National Highway Traffic Safety Administration Standardized Child Passenger Safety Technical Training — Instructor Certification - November 2000 to present American Heart Association CPR Instructor- December 2001 to 2011, planning to recertify. Community Participation Attended Civilian Police Academy, Victoria Tx -March-April 2014 Attended Citizens Police Academy, Corpus Christi, TX Sept -Nov 2014 Attended Citizens Fire Academy, Corpus Christi, TX June -Aug 2015 Traffic Advisory Board, City Council appointed - November 2006 to 2012 Bicycle Committee Nueces County -2009-2013 Citizens Health Advisory Board City Appointed- November 2002 to 2006 Safe Sleeping planning committee -2009 Head Start Health Advisory Board -October 2002 to October 2009 Corpus Christi, Corpus Christi Youth Alcohol Awareness Coalition- June 2000 to present Child Fatality Review Board- August 2004 to 2010 Buccaneer Days Safety Committee- February 2003 to 2007 Upward Basketball Volunteer First Baptist Church US Mission Board Recreation Ministries Committee 9/2002 to present BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE Profile Thomas _ Knight Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? TRANSPORTATION ADVISORY COMMISSION Street Address City District 4 What district do you live in? lmmnwm� 100000� Primary Phone Alternate Phone Employer Work Address - Street Address and Suite Number Work Address - City Work Address - State Work Address - Zip Code Thomas Knight Job Title Submit Date: Jun 19, 2015 Status: submitted Page 1 of 4 %au"Now Suite or Apt pop - State Postal Code Page 1 of 4 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) RETIRED BUSINESS OWNER AND TEACHER - DELIVERY ORIENTED BUSINESS THOROUGH KNOWLEDGE OF CORPUS CHRISTI STREETS REGULARLY ATTEND TXDOT PUBLIC MEETINGS WANT CORPUS CHRISTI TO BE A TRANSIT -FRIENDLY CITY THAT CAN ATTRACT BUSINESSES AND RETIREES BA IN PUBLIC ADMINISTRATION BA IN EDUCATION AND SPECIAL EDUCATION Registered Voter? r• Yes c' No Current resident of the city? Yes r No If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Thomas Knight Page 2 of 4 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. W 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 Thomas Knight 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. V I Agree Board -specific questions (if applicable) Thomas Knight Page 4 of 4 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Sep 06, COMMISSION OR COMMITTEE FOR THE 2016 Status: submitted Profile Lyndon _ E Smiling Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? AIRPORT BOARD, ELECTRICAL ADVISORY BOARD, OIL AND GAS ADVISORY COMMITTEE, PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX, TRANSPORTATION ADVISORY COMMISSION, WATER RESOURCES ADVISORY COMMITTEE Street Address City District 4 What district do you live in? Immomorm Primary Phone Sikorsky Aircraft Employer 308 Crecy Street Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State Alternate Phone Operations Manager Lyndon E Smiling Page 1 of 5 TMONNIMM Suite or Apt "M oft State Postal Code Lyndon E Smiling Page 1 of 5 78419 Work Address - Zip Code Work F'hone lyndon.e.smiling@lmco.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: Human Relations Commission Education, Professional and/or Community Activity (Present) BS Technical Management MS Management Supply Chain and Logistics MS Project Management Project Management Professional (PMP) Registered Voter? (-. Yes r'No Current resident of the city? Yes r No 16 If yes, how many years? Smiling Aug 2016 rev 1.docx Upload a Resume Please upload any additional supporting documents Lyndon E Smiling Page 2 of 5 Demographics Other 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. P 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. 1W I Agree Lyndon E Smiling 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 ELECTRICAL ADVISORY BOARD. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * W Not Connected with Electrical Industry 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? * W Not Connected with Oil and Gas Well Industry Lyndon E Smiling Page 4 of 5 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? r-- Yes (- No 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 TRANSPORTATION ADVISORY COMMISSION. Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? r Yes r. No Question applies to WATER RESOURCES ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * W Residential Customer and Home Owner of City's Water System Lyndon E Smiling Page 5 of 5 Lyndon E.K. Smiling Im Summary of Qualification: • Over 30 years of military materials management and control experience that includes maintenance and accountability of multi-million dollar inventories. • 10 years of experience in Project Management. • Computer literate: Windows 10, MS Office Suite, MS Project, IFS ERP system • Documented history of sustained, superior work performance. Key Attributes: Manage ment/Supervision Budgeting Inventory Control Instructor Data Management/Reporting Specialized Databases Shipping/Receiving Financial/Accounting Procurement Work Experience October 2012 -Present: Sikorsky Aircraft Operations Manager: Responsible for the coordination of the Materials, Technical support and Engineering teams for Sikorsky Aircraft's Technical, Engineering, Logistics Support and Services (TELSS) contract with Army Material Command for the Corpus Christi Army Depot(CCAD). Assists the CCAD Program Manager in managing all business activities associated with the Technical, Engineering, and Logistic goals in accordance with established metrics for the H-60 components and airframes contracted for the partnership. I assist in the management of process improvement, production material and material support services, information technology, and warehousing activities for the program. I work closely with the Program Manager and the Material Planning and Control Manager on all aspects of the TELSS contract, from contract award to the end of the contract period of performance, encompassing the coordination and/or support of the Program Operating Plan, Program Implementation Plan, and Program Execution Plan. Other responsibilities include: - Management of the day-to-day operations for the Sikorsky on-site teams. - Coordination and monitoring the work of the departments involved in production, warehousing, and distribution. - Participate in all CCAD Operations / Production meetings. - Actively manage all (Sikorsky on site) Facility, Manpower, Production Systems, Production Scheduling, and Production Performance initiatives as they pertain to the execution of this contract and its schedules. - Actively manage daily Sikorsky production operations meeting to identify material shortages and aircraft status - Contribute to short and long-term organizational planning and strategy as a member of the program management team - Manage and increase the effectiveness and efficiency of support services through improvements to each function as well as coordination between support and business functions February 2010 -October 2012: Derco Aerospace Inc. Director of Logistics Programs: Represents and advocates for the organization, bringing an understanding to and developing, articulating and facilitating an agenda for the promotion and marketing of the corporation. Responsible for the management and execution of multiple logistics programs. Acts as liaison between cross -contract entities, customer and corporate interests. Led Derco Logistics team to AS 9120 Certification, VPP Star Certification and ACE Bronze compliance. Oversaw the material forecasting and supply chain management for T34/44 aircraft and UH -60 Blackhawk components. Ensured supplier compliance to the United Technologies Corporation Quality Standard. I was responsible for a 25% increase in revenue for the CCAD program. November 2003 -February 2010. Derco Aerospace Inc. Project Manager: Through various projects and roles, coordinated the efforts of the warehouse team to ensure timely and efficient receipt, storage, picking and delivery of Blackhawk Helicopter parts in support of the recapitalization of Sikorsky's Blackhawk Helicopter and components at the Corpus Christi Army Depot. Responsible for the forecasting, purchasing and overall supply chain management of the materials required for the overhaul of 23 unique Blackhawk Components managed by Derco Aerospace. Critical shortages were reduced from 30% to less than 0.1%. May 1983 -October 2003. United States Navy. Aviation Repairables Manager: Directly responsible for maintaining 100% inventory accuracy and stock levels at various duty stations in the Continental United States, Overseas and shipboard locations. Skills: • Continuous Improvement: Qualified Associate of United Technologies Corporation ACE operating system. • Leadership: Lead several diverse teams and departments with successful results. • Project Manager: Project Manager for the successful implementation of SAP in the warehouse • Software Integration Team: Key player in the implementation of ERP upgrades • Database Administrator: Maintained data integrity of specialized Naval shipboard supply systems database. Performed weekly backups and reviewed output products for accuracy. Education/ Training • Project Management Institute (PMI). —Certified Project Management Professional (PMP) • Embry -Riddle Aeronautical University. —MS Project Management. • Embry -Riddle Aeronautical University. —MS Management. (Logistics and Supply Chain) • Embry Riddle Aeronautical University. —BS Technical Management. Magna Cum Laude • Saint Michael's College, Belize City, Belize. -High School Diploma BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE Profile Tommi Prefix First Name Email Address Submit Date: Aug 03, 2016 Status: submitted Watson, Jr. Middle Initial Last Name Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE, PARKS AND RECREATION ADVISORY COMMITTEE, TRANSPORTATION ADVISORY COMMISSION Street Address City District 1 What district do you live in? lwmwm� lwmwmi� Primary Phone Alternate Phone SOUTHERN CYCLES Employer Work Address - Street Address and Suite Number Work Address - City Work Address - State SELF-EMPLOYED Job Title Tommy Watson, Jr. Page 1 of 5 vwm���� Suite or Apt plllllp� - — oft State Postal Code Tommy Watson, Jr. Page 1 of 5 Work Address - Zip Code Work Phone Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: IN Education, Professional and/or Community Activity (Present) FORMERLY SERVED ON TRANSPORTATION ADVISORY COMMITTEE, FOOD SERVICE ADVISORY COMMITTEE AND PARKS AND RECREATION ADVISORY COMMITTEE. Registered Voter? rYes r'No Current resident of the city? Yes r No 66 If yes, how many years? Upload a Resume Please upload any additional supporting documents Tommy Watson, Jr. 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. P 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. 117 1 Agree Tommy Watson, 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 ANIMAL CARE ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * W None of the Above 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? r Yes t No Tommy Watson, Jr. Page 4 of 5 SC H v AGENDA MEMORANDUM NCORPORp1EO Future Item for the City Council Meeting of September 13, 2016 1852 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 iimd(a�cctexas.com (361) 826-1909 Mike Markle, Police Chief mm ikema�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: $221,511.00 Total Allowable Interest for Lease: $14,863.15 Grand Total: $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. DEPARTMENTALCLEARANCES: 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 I DESCRIPTION 1. 12017 FORD ESCAPE S MODEL PRICE SHEET FORD ESCAPE TLGPC BID 430-13 CALDWELL COUNTRY AUTOMOTIVE HOUSTON, TEXAS UNIT I EXTENDED QTY.1 UNIT PRICE PRICE 11 1 EA 1$20,101.00 $221,111.00 2. IBUYBOARD FEE 1 1 1 EA 1 $400.00 $400.00 Total Price Allowable Interest Grand Total $221,511.00 $14,863.15 $236,374.15 SC o� Va. v AGENDA MEMORANDUM NcoRPOPp�EO Future Item for the City Council Meeting of September 13, 2016 1852 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(o)cctexas.com (361) 826-3932 Maria Pedraza, Procurement Manager maria pe(a)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. DEPARTMENTALCLEARANCES: Fire 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 $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. City of Corpus Christi BID EVENT NO.150 Purchasing Division Corpus Christi Fire Department Medications Buyer: Michael Gutierrez BID TABULATION Henry Schein, Inc.** Life -Assist, Inc. Basileia Group, Inc. Irmo, South Carolina Rancho Cordova, Houston, Texas Item Est. California Description Annual No. Unit Price Total Unit Price Total Unit Price Total CITY. 1 ADENOSINE 60 $57.36 $3,441.60 $60.00 $3,600.00 $94.50 $5,670.00 6mg/2ml 2 ALBUTEROL 48 $12.00 $576.00 $6.30 $307.20 $5.25 $252.00 2.5 mg/3ml 3 ASPIRIN 288 $0.78 $224.64 $1.08 $311.04 $1.00 $288.00 81m /1 tablet 4 ATROPINE SULFATE 720 $15.81 $11,383.20 $11.60 $8,352.00 $105.99 $76,312.00 1m /Sml 5 CA GLUCONATE 10% IV 12 $351.26 $4,215.12 $249.00 $2,988.00 $255.99 $3,071.88 1 m/10ml 6 CA GLUCONATE 2.5% GEL 120 $90.38 $10,845.60 $36.00 $4,320.00 25g/1 tube 7 DEXTROSE 50% 84 $119.28 $10,019.52 $68.00 $5,712.00 $87.99 $7,391.16 25 /50mi 8 DIAZEPAM 24 $435.32 $10,447.68 $314.00 $7,536.00 $338.99 $8,135.76 10m /2ml 9 DIPHENHYDRAMINE 24 $37.28 $894.72 $24.50 $588.00 $28.75 $690.00 SOm /lml 10 DOPAMINE 12 $105.57 $1,266.84 $68.50 $822.00 $83.59 $1,003.08 200m /5ml 11 EPINEPHRINE 1:1000 12 $625.46 $7,505.52 $375.00 $4,500.00 $435.39 $5,224.68 1m /1ml 12 EPINEPHRINE 1:10,000 84 $86.66 $7,279.44 $50.00 $4,200.00 $62.39 $5,240.76 1m /10m1 FUROMES13 24 $210.15 $5,043.60 $121.00 $2,904.00 $177.89 $4,269.36 40mg/4mi 40m /4 14 GLUCAGON 240 $341.25 $81,900.00 $188.75 $45,300.00 $242.10 $58,104.00 1m /1ml 15 GLUCOSE PASTE 504 $1.00 $504.00 $3.75 $1,890.00 $3.89 $1,960.56 16 LABETALOL 36 $119.28 $4,294.08 $75.00 $2,700.00 $88.99 $3,203.64 20m /4ml 17 LIDOCAINE 84 $48.43 $4,068.12 $28.00 $2,352.00 $42.19 $3,543.96 100m /Sml 18 LIDOCAINE (PRE -MIXED) 5 $252.66 $1,263.30 $195.00 $975.00 $218.00 $1,090.00 2 /500mi 19 MAGNESIUM SULFATE 50% 12 $86.56 $1,038.72 $63.00 $756.00 $68.39 $820.68 5g/10m1 20 METHYLPRED 600 $16.77 $10,062.00 $4.94 $2,964.00 $213.00 $127,800.00 40m /1ml 21 METHYLPRED 24 $395.99 $9,503.76 $235.00 $5,640.00 $453.00 $10,872.00 125m /2ml 22 NALOXONE 84 $660.49 $55,481.16 $356.25 $29,925.00 $476.00 $39,984.00 2m /2ml MIDAZO23 24 $18.41 $441.84 $30.00 $720.00 $11.50 $276.00 5mg/5ml Sm /Sml 24 MORPHINE SULFATE 48 $34.82 $1,671.36 $39.20 $1,881.60 $23.49 $1,127.52 10m /2ml 25 NI TSPRAY 120 $260.19 $31,222.80 $153.00 $18,360.00 $187.06 $22,447.20 0.4m mg/60/60m dose 26 ONDANSETRON 60 $27.42 $1,645.20 $16.00 $960.00 $6.10 $366.00 4m /2ml 27 SODIUM BICARBONATE 240 $16.61 $3,986.40 $9.60 $2,304.00 $149.00 $35,760.00 SOmE /SOmI 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. /.4s �o H v� 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 Page 1 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1/16 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 Page 2 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1/16 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 Page 3 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1/16 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: 11277 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 Page 4 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1/16 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 Page 5 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1/16 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 Page 6 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1/16 SUPPLIER/ Signature: l� Printed Name: Cherise Akers Title: Contracts Manager Date: 9/6/16 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 l: RFB No. 150 Exhibit 2: Supplier's Bid Response City of Corpus Christi Page 7 of 7 Supply Agreement Standard Form Approved as to Legal Form 711116 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 *All controlled medications to be shipped as per DEA regulations to address on DEA Certificate. Corpus Christi Fire Department 2406 Leopard Street, Suite 300 Corpus Christi, Texas 78408 Controlled Medication: *Diazepam (Valium) *Midazolam (Versed) *Morphine Sulfate Page 14 of 15 RFB Template 4.15.16 ATTACHMENT B-BID/PRICING SCHEDULE CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB NO. 150 Corpus Christi Fire Department Medications Date: 7/22/16 �hlmy Authorized Bidder: Life -Assist, Inc. Signature: }� 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. Bid as I each but sold in box -10 for $116.00 list.unit Total Item. Description Annual Qu fi : Price A (B) A x B 1 ADENOSINE $ 60.00 PK -10 $ 3,600.00 6mg/2ml NDC # 25021-301-02 60 Packaged: 10 vial/Carton 2 ALBUTEROL $6.30 PK -30 $307.20 2.5 mg/3ml 48 NDC# 0487-9501-01 Packaged: 30 ouch/Carton 3 ASPRIN $ 1.08 BT -36 $ 311.04 81mg/1 tablet 288 NDC# 0904-4040-73 Packaged: 36 fabs/bottle 4 ATROPINE SULFATE $11.60 EA $8,352.00 1 mg/5ml 720 NDC# 0409-4910-34 Packaged: 1 s rin e/Carton Bid as I each but sold in box -10 for $116.00 id as 1 each but so in packs of 2 or $72.00 Bid as BOX 25 but old in case -50 for $137.00 Est, Unit .:. Total . Item Descriptionion Annual Quantity Price.. . .. A v CA GLUCONATE 10% IV $249.00 PK -25 $2,988.04 1 gm/] Om! 12 NDC# 63323-311-19 Pucka ed: 25 vial/Tray 6 CA GLUCONATE 2.5% GEL $ 36.00 EA $4,320.44 25g/1 tube 120 NDC# N/A Pucka ed: itit/A 7 DEXTROSE 50% $ 6s.00 sx-io $5,712.00.00 25g/50mf 84 NDG# 0409-7517-16 Packaged: ] 0 syringe/Container $ DIAZEPAM $314,o4 sx-io $7,536.00 10mg/2m1 24 NDC# 0409-1273-32 Packaged: 10 cartridge/Carton 4 DIPHENHYDRAMINE $24.54 BX -25 $588.00 SOmg/ 1 ml 24 NDC# 0641-0376-25 Packaged: 25 vial/Package 10 DOPAMINE $ 68.50 BX -25 $8zz.00 200mg/5ml 12 NDC# 0409-5820-01 Packaged: 25 vial/Tray 11 EPINEPHRINE 1;1000 $375.00 BX -25 $ 4,540.00 1 mg/1 ml 12 NDC# 42023-159-25 Packaged: 25 vial/Carton 12 EPINEPHRINE 1:10,000 $ 50.00 BX -14 $ 4,244,00 1 mg/1 Om! $4 NDC# 0409-4921-34 Packaged: 10 s rin elPacka e 13 FUROMESIDE $121.04 sx-zs $ 2,904.00 40mg/4ml 24 NDC# 0409-6102-04 Packaged: 25 vial/Tru 14 GLUCAGON $188.75 EA $45,300.00 1 mgll ml 240 NDC# 0597-0260-10 Pucka ed: 1 kit/Per kit Est. Unit TOO , Item Description . Annual Quant! Pace Aty (A.x B . 15 GLUCOSE PASTE $ 3.75 EA $1,890.00 15g 504 NDC# N/A Packs ed: N/A 16 LABETALOL $75.00 BX -10 $ 2,700.00 20mg/4ml 36 NDC# 0409-2339-34 Packa ed: 10 cartrid e/Packa e 17 LIDOCAINE $ 28.ao BX -10 $2,352.00 100mg/5ml 84 NDC# 0409-4903-34 Packaged: 10 s rin e/Container 18 LIDOCAINE (PRE -MIXED) $195.00 CS -24 $975.00 2g/500ml 5 NDC# 0264-9594-10 Packaged: 24 contanier/Case 19 MAGNESIUM SULFATE 500 $63.00 BX -25 $ 756.00 Sg/lOml 12 N DC# 63323-064-10 Packaged: 25 vial/Tray 20 METHYLPRED $ 4.94 ea $ 2964.00 40mg/1 m1 600 NDC# 0009-0047-25 Packaged: N/A sold by bx/25 21 METHYLPRED $235.00 BX -25 $ 5,640.00 125mg/2ml 24 NDC# 0009-0047-22 Packaged: 25 vial/Carton 22 NALOXONE $ 356.25 BX -1 $ 29,925.00 2mg/2ml 84 NDC# 76329-3369-1 Packaged: 10 syringe/Box 23 MIDAZOLAM $ 30.0o BX -10 $720.00 5mg/5ml 24 NDC# 0409-2305-05 Packaged: 10 vial/Carton 24 MORPHINE SULFATE $ 39.20 BX -10 $1,881.60 1Omg/2ml 48 NDC# 0409-1893-01 Packaged: 10 cartridge/Carton Est. Unit Total. Item Description Annual Quantity Price ($) ' A x 0 25 NITROSTAT SPRAY $153.00 EA $ 18,360.00 0.4mg/60m dose N DC# 45802-210-01 120 Packaged: 1 bottle/Carton 26 ONDANSETRON $16.00 BX -10 $ 960.00 4mg/2ml NDC# 0409-1120-11 60 Packaged: 10 syringe/Carton 27 SODIUM BICARBONATE $9.60 EA $ 2,304.00 50mEq/50ml 240 NDC# 0409-6637-34 Packaged: 50m1/1 S rin e Allowance: Expedited deliveries for Medications is to be issued by the 1 $1,000.00 $1,000.00 Contract Administrator via task orders. TOTAL 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. CERTIFICATE OF INTERESTED PARTIES F©RIVI 1295 101`1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-88917 Life -Assist, Inc, Rancho Cordova, CA United States Date Filed' 07121/2016 2 Name of governmental entity or state agency that is a party to the contract for wh ch the form is being filed. City of Corpus Christi Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 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. 3317 r; AMW 9QGCOMM. NOTARYPUBUC CAUFORNIAGSACRAMENTO COUNTY 0 EXPIRES MARCH 15, 2D18'i Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE t (� /�,�/D �'{ Sworn Jo and subscribed before me, by the said i�N %'r— A i C 1 , this the _ day of 20 to certify which, witness my hand and seal of office. r+�Nv I� �m -N Si n ture of o r a me dng oath Printed naof 0ffic r administering oath Title of offic r administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 SC o� Va. v AGENDA MEMORANDUM NcoRPOPp�EO Future Item for the City Council Meeting of September 13, 2016 1852 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 StacieTCa)-cctexas.com (361) 826-3476 Maria Pedraza, Procurement Manager mariape(a)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. DEPARTMENTALCLEARANCES: Parks and Recreation FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable 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 Project to Date Fiscal Year: Expenditures Current 2016-2017 (CIP only) 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. /.4s �o H v� 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 Page 1 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 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 Page 2 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 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 Page 3 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 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 Page 4 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 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 Page 5 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 (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 Page 6 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Page 7 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 CONTRACT Signature: Printed Name G ,i�. Title: Date: -3 0-1 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 Page 8 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 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 Trimminq 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 15% 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. (g 0� s ATTACHMENT B-BID/PRICING SCHEDULE CITY OF CORPUS CHRISTI PURCHASING DIVISION BID FORM RFB No. 147 Palm Tree Trimming Services Bidder: _l lid -d _wee-5uyo(6 Item _ Description UNIT QTY Unit Price Total Price 1 Palm Tree Trimming Group 1 EA 167 4 L -[ST ca 4 is 2 Palm Tree TrimmingGroup2 EA 260 4-S vri �3� 3 Palm Tree Trimming Group 2A EA 260 30q? F4-1 Palm Tree Trimming Group 3 EA 331 F51 Palm Tree Trimming Group 3A EA 331 4 , t3ol 6 Palm Tree Trimming Group 4 EA 91 7 Palm Tree Trimming Group 4A EA 91 8 Palm Tree Trimming Group , -5 EA 373 qse as-,' EA 373 1Of0� 9 Palm Tree Trimming Group 5A 10 Palm Tree Trimming Group 6 EA 196 `b 11 Palm Tree Trimming Group 6A a EA 196 12 Palm Tree Trimming Group 7 EA 198 0'- 910'- F1 37 13 Palm Tree Trimming Group 8 EA 317 14 Palm Tree Trimming Group 8A EA 317 510 F15 Palm Tree Trimming Group 9 EA 142 4- 16 Palm Tree Trimming Group 10 EA 182 LIS 190 Total 3825 (0 ATTACHMENT C-INSURANCE/BOND REQUIREMENTS 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 Bodily Injury and Property Damage cancellation, non -renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Successful Bidders 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non -Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employer's Liability 1 $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. 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. Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-91258 Woodstock Tree Surgeons Corpus Christi, TX United States Date Filed: 07127/2016 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 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. 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 I 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. NNIy, ,�ti r PAULA DENISE GARCIA t' *t€ MY COMMISSION EXPIRES 1' Match 28, 2018 Signature of authorizek agento contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE 1 Sworn to and subscribed before me, by the said RQA- , this the rC qday of t t 20)i�jD_, to certify which, witness my hand and seal of office. p(k �tQC� CA c-- .I C � C, Signature of officer administering oath Printed name of officer administering oath Title of officerad inistering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 E: � caca ►-a► a � Y 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 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) CAPTION: 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: 1. Barcom Construction 2. 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 Project to Date 2015-2016 Budget and Current Year Future Years TOTALS Expenditures Budget 212,573 2,134,986 2,347,559 Encumbered / 212,573 212,573 Expended Amount This item 1,800,000 1,800,000 Future Anticipated Expenditures This 328,027 328,027 Project 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 WaterCIP................................................................................................................. 35,000 WastewaterCIP......................................................................................................... 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 PublicArt.................................................................................................................. 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 Q17 RM ,cs Project Location's OS0 4:�* w #y Viands of '� `4` Corpus Chr-Isb, Texas y � 44 ci G,q VICINITY MAP NOT TO SCALE k.k Project Number: 5246 New Fire Station in area of CITY COUNCIL EXHIBIT Holly / Saratoga CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES n ( Station #18) i R k 'fix J 41 Q17 RM ,cs Project Location's OS0 4:�* w #y Viands of '� `4` Corpus Chr-Isb, Texas y � 44 ci G,q VICINITY MAP NOT TO SCALE k.k Project Number: 5246 New Fire Station in area of CITY COUNCIL EXHIBIT Holly / Saratoga CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES n ( Station #18) Forms proviaea Dy I exas ttnics commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1. 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-106870 Barcom Construction, Inc. Corpus Christi, TX United States Date Filed: 08/31/2016 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 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. 5246 CMaR 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I 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. ..........+CEA�N N BUENO.'T�UBLICTexasSignature of autho z gent of contracting business entity 05-06-2019 - YfV4r AFFIX NOTARY STAMP / SEAL ABOVE Sworn o and subscribed before me, by the said • m & &617hi, the_--� !I-- day of 20, to certify which, witness my hand and seal of office. L 4 -7mce 0 �L_ Bk!Jt0_ -C Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms proviaea Dy I exas ttnics 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 Cornus Chrsti Engineering 404 c"fip 4 Project Location Misty Winds of Corpus Christi_ Texas fir f+r 47764 Project Location Map 111C150 Corpus Chr stl Engineering Project Scope 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 111 Corpus Chr stl Engineering 2016 2017 F M A MJ J A S ON DJ F M A MJ J A RFQ/RFP Process Award Construction E: � caca ►-a► a � Y 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 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 CAPTION: 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 $842,006.56 Corpus Christi, Texas JE Construction Services $847,029.80 Corpus Christi, Texas JM Davidson $996,467.01 Aransas Pass, Texas CCC Group, Inc. $1,218,654.83 Corpus Christi, Texas 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 Project to Date 2015-2016 Expenditures Current Year Future Years TOTALS (CIP only) Budget $29,100.00 $2,970,900 $3,000,000.00 Encumbered / 29,100.00 29,100.00 Expended Amount This item 842,006.56 842,006.56 Future Anticipated Expenditures This 348,322.00 348,322.00 Project BALANCE $0.00 1 $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 4� co 7fir JK. PROJECT LOCATION Al ,+P 4k 40/ vo /4 CD Q) 41# co r6 co 411 CORPUS CHRISTI PARK5& RECREATIQN Ocean Drive Park Improvements Swantner Park Corpus Chr sti Engineering Council Presentation September 13, 2016 Location Map Corpus Chr sti Engineering Corpus Christi Bay 2 Project Scope Corpus Chr "O Corpus 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 Jul Final Design 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 6 CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-104118 DMB Construction CORPUS CHRISTI, TX United States Date Filed: 08/25/2016 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 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. E14049 Construction Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling I Intermediary Bracco, Dominic CORPUS CHRISTI, TX United 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. �P...... ;•.,; ROMER DEL BOSQUE 20. Notary Public STATE OF TEXAS --�� -•sT•q" ••••' y,P�;+'` My Comm. Exp. 08-07-2017 Signature of authorized agent of „?FOF•�.+ contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE / ^� Sworn to and subscribed before me, by the said' /0 MLvti l C r ` r ► ri� ,this the 20 to certify which, witness my hand and seal of office. ��4h day of Hifi Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath X/o.ci— v1 n')77 Forms provided by Texas Ethics commission www.eu T1G5.5 UAW. LA. uJ gyvs w 0 AGENDA MEMORANDUM NCORPORPtE Future Item for the City Council Meeting of September 13, 2016 1852 Action Item for the City Council Meeting of September 20, 2016 DATE: August 30, 2016 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 FROM CAPTION: Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 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 Project to Date 2015-2016 Expenditures Current Year Future Years TOTALS (CIP only) Budget $49,885 6,253,315 6,303,200 Encumbered / 49,885 49,885 Expended Amount This item 488,862 488,862 Future Anticipated Expenditures This 762,400 762,400 Project 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: Bond2014............................................................................................................................. $ 3,500,000 Utilites.................................................................................................................................. 2,803,200 StormWater........................................................................................... 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 StreetCIP.................................................................................................... 244,430 StormWater CIP........................................................................................... 122,216 WastewaterCIP........................................................................................ 61,108 WaterCI P......................................................................................... 61,108 Design Phase - Geotechnical Services (Rock)................................................................................ 20,450 Reimbursements TotalReimbursements............................................................................................................. 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: StaffAugmentation............................................................................................................ 4,056 TOTAL................................................................................................................................... 1,301,147 ESTIMATED PROJECT BUDGET BALANCE................................................................................ 5,002,053 55EL 51 .9 _ Market 5+ar �� r Navigation Bl-woi Texas. Stale Aqua AD 524bID41 %Jyar i �p I I+ C0rpu-0 0. Ilkrr Project Location Agnes J Morgan Ave �s St ro Corpus Christi ? ti InlernatAvnal Airport a Bates Ptd. kp ',rte 1341 Lozano Golf Center ;z b ❑34 Bear Ln i ._ 285 Villarreal Dr 4411 s4S! W Point Rd 32 0 (td`s '<f £. 285 555 aro 358 753 3T VICINITY MAP'7;rf., NOT TO SCALE Project Number: E15110 Flato Road CITY COUNCIL EXHIBIT From Agnes St. to Bates Rd. CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES n Bond 2014 Prop 2 ,.,..,. CITY OF CORPUS CHRISTI CONTRACT FOR ENGINEERING DESIGN SERVICES FOR PROJECT E15110 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: ARTICLE NO. TITLE ARTICLE I ARTICLE II ARTICLE III ARTICLE IV ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIII ARTICLE IX ARTICLE X ARTICLE XI ARTICLE XII ARTICLE XIII EXHIBITS TABLE OF CONTENTS PAGE SCOPE OF SERVICES..................................................................2 QUALITY CONTROL...................................................................... 2 COMPENSATION........................................................................... 3 TIME AND PERIOD OF SERVICE..................................................4 OPINIONS OF COST...................................................................... 5 INSURANCE REQUIREMENTS..................................................... 5 INDEMNIFICATION........................................................................ 5 TERMINATION OF AGREEMENT .................................................. 6 RIGHT OF REVIEW AND AUDIT ................................................... 6 OWNERREMEDIES.......................................................................7 CONSULTANT REMEDIES............................................................ 8 CLAIMS AND DISPUTE RESOLUTION ......................................... 8 MISCELLANEOUS PROVISIONS .................................................. 9 Pagel Rev. 07116 K4ENGINEERING DATAEXCHANGEXANGIEMISTREME15110 FLATO ROAD AGNES TO BATESLDESIGN PHASE CH2M HILLX2016 0718 CONTRACT PROFESSIONAL SERVICES OOC 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 ExhibitA. 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 11— 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.. 07116 KAENGINEERING DATAEXCHANGEVINGIEM4STREErE15110 FLATO ROAD AGNES TO SATESIOESIGN 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 UNDERTHE 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 07116 KIENGINEERING DATAEXCHANGEVINGIEMISTREET1E15110 FLATO ROAD AGNES TO BATES\DESIGN PHASE CH2M HILL'LIL16 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 underthis Agreement are subjectto 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). 4.2 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 DATAEXCHANGE%ANGIEMLSTREE RE15110 FLATO ROAD AGNES TO BATESIDESIGN PHASE C142M HILLV016 0718 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 contractor's 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 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. Page 5 Rev. 07/16 KIENGINEERING DATAEXCHANGEUWGIENSTREETIE15110 FLATO ROAD AGNES TO BATESMESIGN PHASE CH2M H1 -,L:,-'.')16 0718 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 07/16 K:IENGINEERING DATAEXCHANGEVINGIEMISTREEr.E15110 FLATO ROAD AGNES TO BATESM)ESIGN PHASE CH2M HILL12_16 0718 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 Ill. Page 7 Rev. 07116 K.IENGINEERING DATAEXCHANGEVWGIEMISTREETIE7511O FLATO ROAD AGNES TO BATESIDESIGN PHASE CH2M HILLX2016 0718 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. Page 8 Rev 07116 MENGINEERING DATAEXCHANGEVANGIEMISTREE nEt5110 FLATO ROAD AGNES TO RATESIDESIGN PHASE CH2M HILL=16 071E 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 less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article 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 Assignability. 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 07116 K.%ENGINEERING OATAEXCHANGE%ANGIEMISTREE nE15110 FLATO ROAD AGNES TO SATES%DESIGN PHASE CH2M HUMIG 0718 CONTRACT PROFESSIONAL SERVICES 000 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 concerning 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://www.ethics.state.tx.us/whatsnewlelf info forml296.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 hftps://www.ethics.state.tx.us/legal/ch46.htm1. 13.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.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 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. Page 10 Rev. 07116 K.%ENGINEERING DATAEXCHANGE164NGIEMISTREME15110 FLATO ROAD AGNES TO BATESIDESIGN PHASE CH2M HILLUC18 0718 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 J.H. Edmonds, P. E. Date Director of Engineering Services 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 Category50950 Fund Name Street CIP BOND 2014 CH2M HILL ENGINEERS, INC. Sidney A. Faas, P. E. Vice President 555 N. Carancahua, Suite 310 Corpus Christi, TX 78401 (361) 888-8100 Office Date Page 11 Rev. 07116 K: ENGINEERING DATAEXCHANGE%ANGIEM%STREET1E15110 FLATO ROAD AGNES TO eATESOFSIGN PHASE CH2M HILL12016 0718 CONTRACT PROFESSIONAL SERVICES DOC EXHIBIT A SCOPE OF SERVICES {{Insert Proposal & Scope of Services from AIE}} Contract for Professional Services Exhibit A EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS FLATO ROAD FROM AGNES TO BATES (BOND 2014) PROJECT NO. E15110 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. Preliminary Phase. The Architect/Engineer-A/E (also referred to as Consultant) will: a) Prepare PowerPoint presentation in City format for City Council Meeting. d) Request available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. D Develop preliminary street cross section recommendations. Prepare conceptual life -cycle cost estimate with recommended pavement sections using Federal Highway Administration (FHWA) Real Cost Program. g) Identify right-of-way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. i) Develop drainage area boundary map for existing and proposed drainage areas served. j) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) 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 EXHIBIT "A" Page 1 of 11 Revised November 26, 2013 P 4Cwpu3ChdsnCltyoM1676696FIatoRdi41 CONTRACTS 3 AMENDMENT5101 Large AEV016 07 15 02 Flab Read - EXHIBIT A.docx probable construction costs, and document the work with text, tables, schematic - level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross- sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right-of-way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include summary output tables from Hydraulic and Hydrologic analyses. 3. Include existing site photos. 4. Provide opinion of probable construction costs. 5. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet as City agent or with City participation and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 6. 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 q) 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. 61iAssist Gity iR PF91584RO e.,_rrnrnnFy ref 91=R fiRdiRgsto the viGYGI9 and Pedes4ri�+n e City staff will provide one set only of the following information (as applicable): a) Electronic index and database of City's record drawing and record information. b) Requested record drawings, record information in electronic format as available from City Engineering files. b) The preliminary budget, specifying the funds available for construction. C) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (A/E to coordinate with City Operating Department) 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. EXHIBIT "A" Page 2 of I I Revised November 26, 2013 PiCorpusChdsOC4tynft676696FlatoRd,OI CONTRACTS h AMENOMENTSYpt Large AE12016 U7 15 02 Flato Road -EXHIS T A,docr The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and QQ/Y for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities aad 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, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. f) Fumish 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. h) 12MYd-9- G_F;9 (1) 68t ef the PF8 final plans. and bid dGeuments 0 o EXHIBIT "A" Page 3 of 11 Revised November 26, 2013 P'1CorpusChdsUCltyoA676696FIatoRM1 CONTRACTS 6 AMENDMENT& 1 Large AE@016 07 151]2 Rato Road - E%H16 T A.dom 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. 1) 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 Ci 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 AIE 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 concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. EXHIBIT "A" Page 4 of 11 Revised November 26, 2013 P-1CorpuaChds6Clty0fi676696FI2toRdMI CONTRACTS 3 AMENOMENT5101 Large AEV016 67 1502 Flato Road- EXHIBIT A.docm e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. f) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re -advertise that particular portion of the Project for bids. g) Prepare Agenda Memoranda and PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the AIE) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The AIE 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 EXHIBIT "A" Page 5 of 11 Revised November 26, 2013 P'%CorpusChdsbCIW676696FIatandl01 CONTRACTS 6 AMENaMENTSTI Large AE12016 07 15 02 FIato Road • EXHIBIT A.docw B. 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 contractors) nor assumes responsibility for construction contractor's failure to perform work in accordance with the construction documents. f) Provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. h) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. i) Review Contractor -provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applicationstestimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. C) Provide Consultant the construction "red -line" drawings. 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 AIE 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: the -area EXHIBIT "A" Page 6 of 11 Revised November 26, 2413 %CorpusClhrisVCltyoA676696FIatoRchD1 CONTRACTS 5 AMENOMENT5101 large AE42016 07 15 02 Flato Road - EXHIBIT A.docx f. Texas Commission of Environmental Quality (TCEQ) Permits/Amendments. Consultant will prepare NO] for signature by City's responsible party. 9. NU9G86_C911ntY I. U.S. AFMy GeFps of F=RgiFleer.. !I 1SAGE-4 k ''Ritcrl RF=R4ri rr.an+.tel Drntentinn Ar eAGY `I4¢ERA) I. Texas Department of Licensing and Regulation (TDLR ) FFI Tex_Rs G—R—Rural 1 and Ofrinn (T-GI G) 2. Riaht-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 I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontallvertical 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. EXHIBIT "A" Page 7 of 11 Revised November 26, 2013 PaCorpusChdsuCltyoA676696FIatoRd101 CONTRACTS 3 AMENDMENTS\0I Large AE12016 07 1502 Flato Road- EXHIBIT A.docx 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. AIE 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. EXHIBIT "A" Page S of 11 Revised November 26, 2013 P1CarpusChdstiCityoR676696FiatoR"I CONTRACTS 6 AMENDMENTSZI Large AE12016 07 15 02 Flab Read - EXHIBIT A.dau � a ■ a ■ ■ i i a i i i • S. 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_ EXHIBIT "A" Page 9 of 14 Revised November 26, 2013 P,1CorpusChdsdCltyoA676696FIatoRd101 CONTRACTS h AMENDh1ENTS101 Larpe AEN2016 07 15 02 Flato Road - EXHIBIT A.doo 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 W'. II. SCHEDULE Anticipated schedule to be adjusted based on actual NTP and review dates. Date Activit 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 DesiqFi Wednesday, November 16, 2016 100% Final Submittal Wednesday, November 30, 2016 City 100% Review Friday, January 6, 2017 Bid Set Submittal Monday, Janua 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 1 Begin Construction July 2018 Complete Construction May 2019 Warranty Phase Report EXHIBIT "A" Page 10 of 11 Revised November 26, 2013 P'TorpusChOsiCllyoR676696F1atoRMI CONTRACTS & AMENDMENTS101 Large AW016 07 15 02 Flab Road- F-XHIB1T A.docr Ill. 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 AIE's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section LB. "Additional Services," the City will pay the AIE 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 $ - 6PUBLIC INVOLVEMENT* $ 6,760 B CONSTRUCTION OBSERVATION SERVICES TBD $ - 9 WARRANTY PHASE AUTHORIZATION REQUIRED $ 4,730 SUBTOTAL OF ADDITIONAL SERVICES $ 39,357 1 TOTAL FEE $ 488,862 *Additional Services which are requested to be authorized in coordination with the notice to proceed for Basic Services. EXHIBIT "A" Page 11 of 11 Revised November 26. 2013 P%CorpusChdsBClryoH676696F1atoRdW1 CONTRACTS d AMENDMENTSX01 Large AE12016 07 15 02 Ftato Road- EXHIBIT A.doex EXHIBIT A-1 TASK LIST (Provides supplemental description to Exhibit W. 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. LS 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.1CorpusChristiCityof1676696FIaloRd101 CONTRACTS & AMENDMENTS101 EXHIBIT "A-1" Large AEQ016 07 08 03 Flato Overall EXHIBIT A-1 dock 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) 0} Drainage Areas and Preliminary Hydraulic Analysis (k) Conformance to Master Plans (1) 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 P1CorpusChristiCityofl676696FIatoRd101 CONTRACTS & AMENDMENTS101 EXHIBIT "A-1" Large AE12016 07 08 03 Flato Overall EXHIBIT A-1.docx Page 2 of 8 (1) 60% Submittal (a) Plans — Anticipated sheets include the following (i) Cover Sheet (1 Sheet) (ii) 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) P:1CorpusChdsliCityof1676696FIatoRd101 CONTRACTS & AMENDMENTS101 EXHIBIT "A-1" Large AE12016 07 08 03 Flato Overall EXHIBIT AAA= 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_1CorpusChristiCityof1676696FIatoRd101 CONTRACTS & AMENDMENTS101 EXHIBIT "A-1" Large AE12016 07 08 03 Flato Overall EXHIBIT AAA= 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 P1CorpusChdstiCityof1676696FIatoRd101 CONTRACTS $ AMENDMENTS\01 EXHIBIT "A-1" Large AE12016 07 08 03 Flato Overall EXHIBIT A-1.docx 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) Perform 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, P1CorpusChdstiCityot1676696FIatoRd101 CONTRACTS & AMENDMENTS101 EXHIBIT "A-1" Large AE12016 07 08 03 Flato Overall EXHIBIT A-1 docx 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. S. Environmental Issues (TBD) 6. Public Involvement a) Attend one public meeting after submittal of the 60% Plan Set. P.%CorpusChHsbCityofl676696FIatoRd101 CONTRACTS & AMENDMENTSM EXHIBIT "A-1" Large AE12016 07 08 03 Flato Overall EXHIBIT A-1 dom 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 1CorpusChnst!CityoM76696FIatoRd%ol CONTRACTS & AMENDMENTS101 EXHIBIT "A-1" Large AE12016 07 08 03 Flato Overall EXHIBITA-1.docx Page 8 of 8 EXHIBIT B SAMPLE PAYMENT REQUEST FORM Sample form for COMPLETE PROJECT NAME payment Request Revised 07127100 Project No. XXXX Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Basic Services: Contract Amd No, 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O 8 M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees $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 5001 11 $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23°% Contract for Professional Services Exhibit B EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL 1 OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE($/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, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) (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 DISCLOSURE OF INTEREST Contract for Professional Services Exhibit ❑ CITY OF CORPUS CHRISTI =---= DISCLOSURE OF INTEREST City of Christi City of Carpus 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. Carancaitua, Suite 310 CITY: Corpus Christi ZIP: 78401 FIRM IS: I. Corporation e 2. Partnership B 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessar=y, 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 P-6 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 suNect of this contract and has an COTUS interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld 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 Person: DEFINITIONS Date: a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. "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 Corpul 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 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 FORnn 1295 101`1 Complete Nos. 1- 4 and 6 if there are Interested parties, OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 it there are no Interested parties. CERTIFICATION OF FILING Certificate Number 12016-88589 Z Name of business entity tiling form, and the city, state and country of the business entity's place of business. CI.12M Corpus Christi, TX United States Date Filed: 0712112016 2 Name of governmental enft or state agency that Is a party tot the contract for wh1ch the form is being filed. City of Corpus Christi Date Acknowledged: 3 Provide the identification number used by the governmental entity or slate agency to track or Identify the contract, and provide a description of the services, goods, or other property to be provided under the con ram Project No. E15110 Hato Road (Agnes to Bates) 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Irnermedi i 5 Check only if there is NO Interested Party. ❑ X 5 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the shave disclosure Is true and correct. MARYB, i(iLLotiGH MyN�ay lO d351t)396 EVU ff FeWaty 14,2= Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP l SEAL ABOVE e ' r J Swam to and subscribed before me, by the said w 1] t this the 2=1 day of .mak 20to certify which, ess my hand and seal of office. urem os o ker ad rnl Prints name of officer ad i 4stering oath a of officer administering oath 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 Article2 — 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 ArticleG — Bonds and Insurance..................................................................................................................11 Article 7 — Contractor's Responsibilities.....................................................................................................11 Article8 — 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 Article12 —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 15 —Suspension of Work and Termination.....................................................................................14 Article 17 — Final Resolution of Disputes....................................................................................................14 Article18 — 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: 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: 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.; 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 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. Des_ igners 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 Desi ner 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 Re resentative 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 iProiect 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. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 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 f=orm 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. 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. 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 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 Designers 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. Designers 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 Designers 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 Designers 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 Christi Engineering Flato Road Agnes to Bates Bond 2014 Proposition 2 Council Presentation September 13, 2016 Project Vicinity Corpus Chr sti Engineering dwi❑k fid E 3 $ Project Location Carpus Christi International Airport + Bear Ln Jet Pro,- Agnes St, Flatto Rd. Bates Rd. Lozano Golf Center rz Navigation RIbil Texas Stale !Aqua yMangan Ave tin Corpu MI P❑tri Rd 2 Project Location Corpus Chr'sti Engineering Project Location West Oso Melt axga nor Histt Selkeel 3 Project Scope Corpus Chr'sti 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 Project Schedule Corpus Chr sti Engineering 2015 2016 2017 Dec Jan Fe b 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 Holly 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 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. (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 Holly 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 Project to Date Current Year Future Years TOTALS 2015-2016 Expenditures 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 StreetCIP................................................................................................................ 1,931,064.30 WaterCIP................................................................................................................ 600,500.00 Future Water CIP Request.......................................................................................... 2,605,200.00 WastewaterCIP........................................................................................................ 403,643.70 Future Wastewater CIP Request.................................................................................. 2,326,500.00 GasCIP................................................................................................................... 28,193.70 Future Gas CIP Request............................................................................................. 32,000.00 TOTAL.................................................................................................................... $ 14,371,883.38 FUNDS REQUIRED: Desian & 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: I State: Attn: City Manager Director of Contract Services City of Corpus Christi Texas Department of Transportation 1201 Leopard Street 125 E. 11 " Street Corpus Christi, TX 78401 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:Hfti).dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments.i3df. 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: httio://www.gpo.ciov/fdsys/iokq/FR-2010-09-14/odf/2010-22705.iodf and httio://www.cipo.aov/fdsys/iokci/FR-2010-09-14/iodf/2010-22706. odf 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: httlos://www.sam.clov/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. 11 th Street, Austin, TX 78701 or contact TxDOT's Audit Office at http://www.txdot.aov/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 l 4 Beer Ln 4G � kllC$�rT T E x 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 may 26e se qo Horne Rd sr v t N U E C E 8 ase l 4 r,� G4 & a� jgl' West Point Rd m m` :h' z a s' qb 2fiA C� End Project CSJ 0916-35-170 a e r s � 4� T E X A S fi Ra N U E C E S G'orp u61 ,; rrilc Begin Project CSJ 0916-35-170 AFA-LPAFA_ShortGen.doc 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 1 80% 11 $4,104,000 0% 11 $0 20% 11 $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 11 100% $294,462 0% $0 TOTAL $5,474,462 $4,104,000 ____JIL_ $294,402 ll[$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,OOO.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 .-IAlb.31 Or LL VICINITY MAP Rq NOT TO SCALE Project Number: 64= Holly Rd. CITY COUNCIL EXHIBIT From Greenwood Dr. to Crosstown Expy. CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Bond 2012 Prop 1 1 Corpus (W ri N P4 CL Hupkiin; Rd Lei IR 14 ol morgan,AWL ri ? LP -.?, Lozano Golf Center F n 'p, LP 110 Yil�' 4a 0 t - vjjl.3rrcjil or b q7 V4 PGint Rd 4::� 0 lip Project Location %., 10, EE Ell] ODai c% (3 5 T .-IAlb.31 Or LL VICINITY MAP Rq NOT TO SCALE Project Number: 64= Holly Rd. CITY COUNCIL EXHIBIT From Greenwood Dr. to Crosstown Expy. CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Bond 2012 Prop 1 1 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 Chr sti Engineering Lozano Golf Cenler ae.atLri 4ti 1‘.4.' Po int Rd , ..,... cr. N _40 _I ki -c. 1 04.Go ..9 cio [ Project Location g ift cs (2' Project Location Corpus Chr sti Engineering 3 Project Scope Corpus Chr sti 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 111 Corpus Chr sti Engineering 2013 2014 2015 2016 2017 S101NIDIJ HMIAIMIJIJIA S OINIDIJIF M A MIJ JIAIS O N DIJ Design Pending FY 2015 Funding Bid F M A MIJ JIAIS N D JIFIM A M J J Construction Construction Estimate: 540 Calendar Days N 18 Months SC F v AGENDA MEMORANDUM NOORPOBPIFuture Item for the City Council Meeting of September 13, 2016 1852 Action Item for the Citv Council Meeting of September 20, 2016 DATE: August 25, 2016 TO: Margie Rose, City Manager THRU: Mark Van Vleck, P.E., Assistant City Manager markvva-cctexas.com (361) 826-3897 Valerie H. Gray, P.E., Executive Director of Public Works ValerieG(a-)cctexas.com (361) 826-3729 FROM: Jeffrey Edmonds, P. E., Director of Engineering Services JeffreyE(u-)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 ODeratina ❑ Revenue X Capital ❑ Not aDDlicable 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 Project to Date Fiscal Year Budget and Current Year Future Years TOTALS 2015-2016 Expenditures CIP only) 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 10f1 Complete Nos. l - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-102953 Freese and Nichols, Inc. Corpus Christi, TX United States Date Filed: 08/23/2016 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 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. MSA - Project No. E15120 Provide professional engineering services to support staff augmentation project 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling I 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. BOGGS, State of Texassion Expires/20�9 am ignature o authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the saidt) 2►y lca�irl this the ..� 3 day of, 20__(_� , to certify which, witness my hand and seal of office. s 'Signature of officer admin&Wng oath Printed name of officik 46ministering oath Title of officer ministering oath r-orms prowoeo oy I exas Etnics commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-104511 Naismith Engineering, Inc. Corpus Christi, TX United States Date Filed: 08/25/2016 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 Date Acknowledged: 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. M2015-103 Project management assistance - engineering services for staff augmentation. Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling I 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. fpY'`JUNE A, �`s= ?�+f Notary Public, StateofTeJ M y Commission Expire < Ma_ il, rch 2018 - _ _ Signature f authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE ii Sworn to and subscribed before me, by the said e 9 this the day of t� Ijj S f 20, to certify which, witness my hand and seal of office. JDA A rI Signature of officer administering oatV Printed name of officer administering oath Title of officer admin tering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 V1111a Nlvvlucu Uy I vAc6 calnuo %1U11111n55iu1) www.einics.statexcus Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 101`1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 2016-103396 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 Date Filed: 08/23/2016 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 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 I 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. I8MY CAW LL HNMD, JR ..... . MY COMMISSION EXPIRES (R DOWIllIKSA118 'Sliinature of authorized agent of c business entity OV AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said G"5 it 111 40 6�a ?—Ck IJT—this the day ofAynjwst 20_A(Ni to certify which, witness my hand and seal of office. L fA R : RA ID O2. r §Qnatlbe of officeri�6�dminj tering oath Printed name of officer administeringoathTitle of officer ad if inistering oath V1111a Nlvvlucu Uy I vAc6 calnuo %1U11111n55iu1) www.einics.statexcus Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-105343 Linda Webster Gurley, P.E. Corpus Christi, TX United States Date Filed: 08/29/2016 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 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. E15120 Plan Review and related Tasks 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I 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 HARRND, JR. �/1 *; MY COMMISSION EXPIRES % e Q yt , _a _ _ Cyt Dticen16er5, 2018 l�1 rLS�C2 V�-� vV as= Signature of authorized agent of contracting businIds entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said L q �tl54 p -r �G t. -I ty , this the Z9 +11 day of V' vt 20(_, to certify which, witness my hand and seal of office. -Ir—e Y � .Ig #MJq t 0-Ir— eof officer ad finis ring oath Printed name of officer administer g oath Title of officer Uministering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-106047 Vicki Marsden Corpus Christi, TX United States Date Filed: 08/30/2016 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 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. E15120 Quality Management Services 4 Name of Interested Party Ci ty,State Country (place of business) Nature of interest (check applicable) Controlling I 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 CARROLL PARRWJR. MY COMM" EXPIRES ., Decelnbeiri5,21}ie V `�,,,,� Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE A Sworn to and subscribed before me, by the said V ) C � 1{ d �" AA til r this the day of 20 to to certify which, witness my hand and seal of office. 8 L " • ,t °� a A4 4, Signatu of o admi ering oath Printed name of officer administering oath Title of officer adminisVing oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 Forms provicTed by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos.1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-105550 Thomas A. Niskala Corpus Christi, TX United States Date Filed: 08/29/2016 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 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. E15120 Professional services 4 Name of Interested Parry City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. M X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. BCARROLL FII1RFiAID, JR g;OBBY �'_= MY COMMISSION EXPIRES��' ;41n+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—Fn YrT /� S K5 a this the 3o-� L-1 day of A V 20_, to certify which, witness my hand and seal of office. t 1 k—Q-A 140 J kc nature f o icer rst oath Printed name of officer administering oath Title of officer adminis mg oath Forms provicTed by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 h•",f'�ir%tib'_=`�".J�,�:S�AS:X'^;T.'}.�-��+ 4:Y�SL1LaSfi:.'2e ,.. .. inn'."p't•�a^�°H'a��94�+Yisb'�..,. 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: -----T- Original Contract I September 22, 2015 1 Motion No. M2015-103 $1,262,087.00 EXHIBIT A, shall be modified to include additional services. ARTICLE 11, 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 $1,931,016.00 (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. #1 CITY OF CORPUS CHRISTI J.H. Edmonds, P.E. Director of Engineering Services 17--N4 INIM91 0 J, Legal Department Date F -11=j ZkOIT14 9X-A;A 110201 Z I 81R, relre-TWIA MA XTJhodmaker, P.E. Date n Parkway, Suite 500 Corpus Christi, TX 78411 (361) 850-3075 Office (361) 993-1131 Fax 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. RHSI 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, RHSI 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, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non -Owned 3. Rented/Leased Exhibit C Page 1 of 3 WORKERS' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability 1 $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 YCITE 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: R.H. Shackelford, Inc. P. O. BOX: STREET ADDRESS: 5151 Flynn Parkway, Ste 500 CITY: Corpus Christi ZIP: 78411 FIRM IS: I. Corporation 2. Partnership❑ 3. Sole Owner E]4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each ` employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A 2. State the names of each "official' of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] 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 C44%1 0 Qe�41r4.CW Title: Pdf S t r1 f- Al I—A e, 0 (Type or Print) Signature of Certifying Date: 3C),4 06- Ila Person: �k- 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 loci Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1. 2. 3. 5. and 6 if there are no interested parties. CERTIFICATION OF FILING Ce►titirate Number: 12016-103201 1 Name of business entity filing form, and the city, state and country of the business end Ws piece of business. RH Shackelford, Inc Carpus Christi, TX United States Date Filed: 2 Name of governarwritall ermtl/ or state agency that ns a party to contract for Which the forrn being filed. Is0812312016 City of Corpus Christi, Texas ]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, goads, or other property to be provided under the contract. E12215 Project Management Services 4 Nam 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. Q 6 AFFIDAVIT 1 swear, or affirm, under penalty of perjury, that the above disclosure is true and cored. 1 b Signature * agent of = acdng Business entity •r AFFIX NOTARY STAMP t SEAL ABOVE Sworn to and subscribed before me. by the said `1�= = �% 'a . this the > dap aLL 20A2 . to certify which, witness my hand and seek of office. erraraerartro�raereatrr VICTOM J SToowwO Notary Pubb stmt of lb) re my Coconut an d 10409 Signature dotim administering oath Primed name of officer administering oath 3 190 WIN Forms crovided by Texas Ethics Commission www.ethics.state.tx.us Version V1.O.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 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 I September 22, 2015 1 Motion No. M2015-103 1 $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 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 FREESE AND NICHOLS, INC. I� 9.23 Ron G zman, P.E. Date 800 N. Shoreline, Suite 160ON Corpus Christi, TX 78414 (361) 561-6500 Office (361) 561-6501 Office rg@freese.com 800 N. Shoreline Blvd., Suite 160ON • Corpus Christi, Texas 78401 • 361-561-6500 • fax 361-561-6501 w�,vvv. tre�rse.cnm 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 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. I � h 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, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non -Owned 3. Rented/Leased Exhibit C Page 1 of 3 WORKERS' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability 1 $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 nT— PURCHASING DMSION 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: Freese and Nichols, Inc. P. O. BOX: STREET ADDRESS: 800 N. Shoreline, Ste. 160ON CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation 2. Partnership ❑ 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each ` employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name 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° o or more of the ownership in the above named "firm." Name Title N: A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and convect 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 r" Person: Te, Date: 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. "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 10f1 Complete Nos. l - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-102953 Freese and Nichols, Inc. Corpus Christi, TX United States Date Filed: 08/23/2016 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 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. MSA - Project No. E15120 Provide professional engineering services to support staff augmentation project 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling I 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. BOGGS, State of Texassion Expires/20�9 am ignature o authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the saidt) 2►y lca�irl this the ..� 3 day of, 20__(_� , to certify which, witness my hand and seal of office. s 'Signature of officer admin&Wng oath Printed name of officik 46ministering oath Title of officer ministering oath r-orms prowoeo oy I exas Etnics 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 I 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 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 NAISMITH ENGINEERING, INC. Gh t A. J, ck P, P.E. Date 4501 Gollihar RQ%d Corpus Christi, TX 78411 (361) 814-9900 Office (361) 814-4401 Fax gjackson@naismith-engineering.com Na ism ith E n g i n ee ri n g,Inc ARCHITECTURE■ ENGINEERING ■ ENVIRONMENTAL® SURVEYING TBPE FIRM NO. F-355 TBPLS No. F-100395-00 ESTABLISHED 1949 OVER 60 YEARS OF ENGINEER/NC EXCELLENCE August 17, 2016 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. 4A Grant A. Jackson, P.E. Vice President ZA9499 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 0 800-677-2831 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 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 Activit Hourly at $130.00 for 24 hours for a total of 26 weeks $81,120.00 CAPITAL PROGRAMS An additional 26 weeks for a total of PROJECT MANAGEMENT $162,240.00 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) EXHIBIT "A-1" Page 1 of 2 Revised May 1, 2015 ZA9499 City of Corpus Christi Staff AugmentatioMCOCC Contract 7 2616.docx 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 2of2 Revised May 1, 2015 ZA9499 City of Corpus Christi Staff Augmentstlon\COCC Contract 7 2616.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, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non -Owned 3. Rented/Leased Exhibit C Page 1 of 3 WORKERS' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability 1 $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 BYE' PURCHASINGDIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of * Carpus 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: Naismith Engineering, Inc. P. O. BOX: N/A STREET ADDRESS: 4501 Gollihar Road CITY Corpus Christi ZIP: 78411 FIRM IS: 1. Corporation ED 2. Partnership 3. Sole Owner 4. Association LJ 5. Other R f-1 DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this pa e or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Cgristi 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. Title: Vice President {Type or Print) Signature of Certifying Date: 48/17/2016 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." 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 10f1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-104511 Naismith Engineering, Inc. Corpus Christi, TX United States Date Filed: 08/25/2016 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 Date Acknowledged: 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. M2015-103 Project management assistance - engineering services for staff augmentation. Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling I 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. fpY'`JUNE A, �`s= ?�+f Notary Public, StateofTeJ M y Commission Expire < Ma_ il, rch 2018 - _ _ Signature f authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE ii Sworn to and subscribed before me, by the said e 9 this the day of t� Ijj S f 20, to certify which, witness my hand and seal of office. JDA A rI Signature of officer administering oatV Printed name of officer administering oath Title of officer admin tering oath 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: Ori inal 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 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 CENTERLINE RIGHT OF WAY SERVICES, LLC if 2�(p Eusebio "Sons Garza, III Dtite 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. Corpus Christi, Texas 78414 August 23, 2016 City of Corpus Christi Department of Engineering Services Yo Mr. Jeff Edmonds, P.E., Director P.O. Box 9277 Corpus Christi, Texas 78469-9277 TI D: 81-131683 Re: Proposal for Professional Services Contract Property & Land Acquisition Division Dear Mr. Edmonds: 361.813.6572 egarza3@centerlinerows.com 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, Eusebio (Sonny) Gar, a II 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 YCITE 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 CITY: Corpus Christi Zip: 78414 FIRM IS: 1. Corporation❑ 2. Partnership ® 3. Sole Owner E]4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each ` employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N/A Job Title and City Department (if known) 2. State the names of each "official' of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A 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: �US��/O �.q.6Z�.17�� Title: /"ri i�Gi/�ajrs q c r (Type or Print) Signature of Certifying Date: C:2� — 0 - g, o- —//0Person: 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. "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. V1111a Nlvvlucu Uy I vAc6 calnuo %1U11111n55iu1) www.einics.statexcus Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 101`1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 2016-103396 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 Date Filed: 08/23/2016 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 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 I 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. I8MY CAW LL HNMD, JR ..... . MY COMMISSION EXPIRES (R DOWIllIKSA118 'Sliinature of authorized agent of c business entity OV AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said G"5 it 111 40 6�a ?—Ck IJT—this the day ofAynjwst 20_A(Ni to certify which, witness my hand and seal of office. L fA R : RA ID O2. r §Qnatlbe of officeri�6�dminj tering oath Printed name of officer administeringoathTitle of officer ad if inistering oath V1111a Nlvvlucu Uy I vAc6 calnuo %1U11111n55iu1) www.einics.statexcus 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 dam. kj PF Linda Webster Gurley, . Date 7510 Milan Street Corpus Christi, TX 78414 (361) 850-3075 Office (361) 993-1131 Fax lindag@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, ^ �� ( W • 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% Q4:� SUPPLIER NUMBER TO BE ASSIGNED BYCTTT— PURCHASING DIVISION 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. n COMPANY NAME: !N Dia �U,Ea -3!Elam' aUR-Lf=w , !`" P. O. BOX: NA STREET ADDRESS: 75/o 1Y) i t -AM S--- CITY: C7 D /'• FIe� C�I �'iS1 i ZIP: 764t+ FIRM IS: 1. Corporation2. Partnership 3. Sole Owner 4. Association Li 5. Other e DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public ingeneral or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Ll �l D �} � G'— UR LE y Title: c3 W r1N r (Type or Print) Signature of Certifying Date: Person: 1ay �' 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 10f1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-105343 Linda Webster Gurley, P.E. Corpus Christi, TX United States Date Filed: 08/29/2016 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 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. E15120 Plan Review and related Tasks 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I 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 HARRND, JR. �/1 *; MY COMMISSION EXPIRES % e Q yt , _a _ _ Cyt Dticen16er5, 2018 l�1 rLS�C2 V�-� vV as= Signature of authorized agent of contracting businIds entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said L q �tl54 p -r �G t. -I ty , this the Z9 +11 day of V' vt 20(_, to certify which, witness my hand and seal of office. -Ir—e Y � .Ig #MJq t 0-Ir— eof officer ad finis ring oath Printed name of officer administer g oath Title of officer Uministering 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 Fifth 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 J. H. Edmonds, P.E. Director of Engineering Services APPROVED AS TO FORM Legal Department Date VICKI MARSDEN Vicki Marsden Date Sale Proprietor 15333 Caravel Drive Corpus Christi, Texas 78418 VickiM@cctexas.com Vicki Marsden, CQIA 15333 Caravel Drive, Corpus Christi TX 78418 gualitymanagementsolutions@gmail.com 210.379.3279 Mr. J.H. Edmonds, P.E. 8th August 2016 Director of Capital Programs City of Corpus Christi PO Box 9277 Corpus Christi, Texas 78469-9277 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, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non -Owned 3. Rented/Leased Exhibit C Page 1 of 3 WORKERS' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability 1 $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 BYCITY— �_ PURCHASING DIVISION CITY OF CORPUS CHRISTI City of DISCLOSURE OF INTEREST Corpus 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: P. O. BOX: STREET ADDRESS: \533 Co,rc`ve CITY: (,o�Cs C�nr,SV. ZIP:�QS 1�' FIRM IS: 1. Corporation 82. Partnership 8 3. Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) NIA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 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 NIA 4. State the names of each employee or officer of a "consultant' for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest' constituting 3% or more of the ownership in the above named "firm." Name Consultant NIA 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: % CA%* Title: ChN \N\CvoiL_� (Type or Print) Signature of Certifying Date: Person: a .,.. _AA \ 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 10f1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-106047 Vicki Marsden Corpus Christi, TX United States Date Filed: 08/30/2016 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 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. E15120 Quality Management Services 4 Name of Interested Party Ci ty,State Country (place of business) Nature of interest (check applicable) Controlling I 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 CARROLL PARRWJR. MY COMM" EXPIRES ., Decelnbeiri5,21}ie V Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE A Sworn to and subscribed before me, by the said V ) C � 1{ d �" AA til r this the day of 20 to to certify which, witness my hand and seal of office. 8 L " • ,t °� a A4 4, Signatu of o admi ering oath Printed name of officer administering oath Title of officer adminisVing 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. Consultant is responsible for the accuracy and competency of its QCP reviews and final construction 3.4 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.htm1. 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 (_ _ v J.H. Edmonds, P. E. (Date) Tom Niskala (Date) Director of Engineering Services 239 Circle Drive Corpus Christi 78411 APPROVED Office of Management (Date) and Budget Pagel 0 Rev. 4/22/16 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\STAFF AUGMENTATION CONTRACTS (AMD 1) SEPTEMBER 2016\TOM NISKALA\SINGLE PAGE.DOCX 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 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 J.H. Edmonds, P. E. Director of Engineering Services RECOMMENDED (Date) Operating Department (Date) TOM NISKALA Tom Niskala 239 Circle Drive Corpus Christi 78411 (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% SUPPLIER NUMBER TO BE ASSIGNED BYZTfY— PURCHASING DIVISION ..�� CITY OF CORPUS CHRISTI Corpuuss City 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: K i kc> A4N–,, Q, N N b sick i–N QTREET ADDRESS:'D- e o-qs CA CITY: n�ZIP: '7 S cz,�'�-�1 FIRM IS: 1. Corporation 8 2. Partnership 8 3. Sole Owner 14 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name1VIA 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 WA 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 l •ph `�`Stsv-o+...�+• '(L'E�\aa�� 'c'+¢gvsSPo�rC.�e.s �:s``-L�e�J.i-�( 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 AIIA -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: Title: (Type or Print) Signature of Certifying q , �,,� ,,5,x.,.52,,, Date: a ,3a . 1 t,,, 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." 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 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: Bodily Injury / Property Damage 1. Commercial Broad Form 2. Premises — Operations $250,000 / $100,000 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury 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 Forms provicTed by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos.1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-105550 Thomas A. Niskala Corpus Christi, TX United States Date Filed: 08/29/2016 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 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. E15120 Professional services 4 Name of Interested Parry City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. M X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. BCARROLL FII1RFiAID, JR g;OBBY �'_= MY COMMISSION EXPIRES��' ;41n+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—Fn YrT /� S K5 a this the 3o-� L-1 day of A V 20_, to certify which, witness my hand and seal of office. t 1 k—Q-A 140 J kc nature f o icer rst oath Printed name of officer administering oath Title of officer adminis mg oath Forms provicTed by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORm 1295 lofl Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1.2.8.5. and 6 if there are no interested parties. 12016-103201 CERTIFICATION OF EKING Certificate Number: 1 Mme of business entity I Ping form, and the city, state and country of the business entity's place of business. RH Shackelford, Inc Corpus Christi, TX United States tie Filed: 2 Name of gavenunental entity or side agency that Is a party to Ow contract for which the Is being filed. 08/23!2016 City of Corpus Christi, Texas date Acknowledged: g Provide the identification number used by the governmental entity or state agency to track or identity the contract, and provide a description of the services, floods, or other property to be provided under the contract. E12215 Project Management Services Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling intermediary RH Shackelford, Inc Corpus Christi, TX United States X 5 Check only it there is NO interested Party. ❑ 6 AFFIDAVIT 1 swear, or affirm, under penalty of perjury, that the above disdosure is true and korrekt. 1 { Signature t agent of rrrtrauxrng ess entity •r AFFIX NOTARY STAMP J SEAL_ ABOVE Swam to and subscribed before me. by the said `-' y�� this the day of 20_jt_ to certify which, witness my hand and seal of office. --''teri.•rte VICTOM J SMLI" No" Pubttc t3NO of '11000 * , i t? -f I`1 �` —`""- L iC�'L..i s� lu►y CoMnut�n � t2eeeaeXa dmng oath Printed name of officer administering oa Signatureth officer ainis cnr a nrn%AAad tit TeYsh_S Ethics Commission wuwv ethics.state.tx.tis Version V1.0.277 SC o� Va. v AGENDA MEMORANDUM NcoRPOPp�EO Future Item for the City Council Meeting of September 20, 2016 1852 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(a�cctexas.com (361) 826-1909 Belinda Mercado, Director of Information Technology bmercado(o)cctexas.com (361) 826-3740 Maria Pedraza, Procurement Manager maria pe(o)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: $194,450.20 Total Allowable Interest for Lease: $13,108.48 Grand Total: $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. DEPARTMENTALCLEARANCES: Information Technology 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 $774,636.16 $207,058.68 $981,694.84 Encumbered / Expended Amount $355,889.05 $0.00 $355,889.05 This item $0.00 $207558.68 $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 PRICE SHEET GRANDE TRUCK CENTER TLGPC: 491-15 GRANDE TRUCK CENTER HOUSTON, TEXAS UNIT I EXTENDED QTY.1 UNIT PRICE PRICE 2017 F-450 4X4 Aerial Bucket Truck: Chassie, 1. Aerial Lift, Boom, and Bucket 2 EA $97,025.10 2. BuyBoard Fee 1 EA $400.00 $194,050.20 $400.00 Total Price $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: $194,450.20 Total Allowable Interest for Lease: $13,108.48 Grand Total: $207,558.68 Amount Required: $ 0.00 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: W A , , , 7i --i1 � DATE: TO: THRU FROM CAPTION: AGENDA MEMORANDUM Future Item for the City Council Meeting of September 13, 2016 Action Item for the City Council Meeting of September 20, 2016 September 1, 2016 Margie C. Rose, City Manager 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 J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 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. $151,483.50 Robstown, Texas Mahan Foundation & Contractors, LLC. $171,812.00 Corpus Christi, Texas Clark Pipeline Services $274,892.51 Corpus Christi, Texas 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 Project to Date 2014-2015 Expenditures Current Year Future Years TOTALS (CIP only) Budget $130,600.00 $429,200.00 $0.00 $559,800.00 Encumbered / Expended $130,600.00 $0.00 $0.00 $130,600.00 Amount This item $0.00 $151,783.50 $0.00 $151,783.50 Future Anticipated $0.00 $73,971.85 $0.00 $73,971.85 Expenditures This Project 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).............................................................................................. $ TOTAL PROJECT FUNDS AVAILABLE....................................................................... 559,800.00 559,800.00 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 10f1 Complete Nos. 1- A and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-81659 Bridges Specialties, Inc Robstown, TX United States Date Filed: 07/08/2016 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 Date Acknowledged: 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 properly 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 I intermediary 5 Check only if there is NO Interested Party. 71 X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. c�Y•p� Katelln Chase Hogan ?3:1s My Commission Expires 1011712017 _..SF Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP 1 SEAL ABOVE Sw rn to and subscribed before me, by the said r this the y, day of 20, to certify which, witness my hand and seal of office.Lai—n� � 6 GL Ili l� V IGLV, Signature of officer adn1ir&(ddAhaK Printed name of officer administer' g oath Title of officer administeri oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 C.R. ❑❑ CE❑E VALEN❑❑ELA LAND—IL ❑I CE LEI[ALENCEELA 0 ❑f LALLIM O LI QCATIO N ❑ w IL PRO -ECT N❑MBER❑E❑❑❑❑❑ CE LIE VALEN❑❑ELA CITY CO❑NCIL EXH133 0❑DEPARTMENT CORP NGSERSERV T❑ALL MOD��ATIONS ° °ORP=scWRRTEXAS 0= ENGEERVES LOCATION MAP PAGE❑❑O❑ ❑ Corpus Christi Engineering Cefe Valenzuela Outfall Modifications Council Presentation September 13, 2016 Project Vicinity Corpus Chr sti Engineering 10 oqa Palo Allo Bishop L Spring Garden -Terra Ywde La Paloma -Lost Creek North San Pedro SloLIst0Yii 7146, orpus Christi Cal PROJECT LOCATION Petnpnds Tierra Grande ODA Chapman Ranch Project Scope Corpus Chr sti 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 Project Schedule Corpus Chr'sti Engineering 2016 Jul Aug Sep Oct Nov Dec Design /Award Construction Project Estimate: 55 Calendar Days r.e 2 Months SC o� Va. v AGENDA MEMORANDUM NcoRPOPp�EO Future Item for the City Council Meeting of September 13, 2016 1852 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 Nelda Martinez Mayor The above resolution was passed by the following vote: Nelda Martinez Carolyn Vaughn Rudy Garza Lucy Rubio Chad Magill @BCL@5C05DC57 Brian Rosas Colleen McIntyre Michael Hunter Mark Scott Page 2 of 2 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: 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%)1 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: ($10,000x7%)/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 Liffund 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. Liffund 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. 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 Liffund. 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. Liffund 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 Liffund 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 Agreement Liffund 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. 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 Liffund 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. 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 Agreement Liffund 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. Agreement Liffund 21. Notices. a. Any required written noUoaa shall be sort nmai|ed, certified rnai|' postage prepaid, addressed as follows: Li8FuDd,|nc /#1n.: JmnieBarnra 2007 West Martin Street San Antonio, Texas 78207 � Corporation:_ City of Corpus Christi Business and Job Development Corporation Aftn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 784O1 b. A copy of all notices and correspondence must be sent the City at the following City of Corpus Christi Attn.: City Manager P.CIBox 9277 Corpus Christi, Texas 78408-S277 c. Notice is effective upon deposit inthe United States mail inthe manner provided 22. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives FCorpmrationGuidelineQ. as amended, are incorporated into this Agreement. 23. Amendments urModifications. Nuamendments ormodifications 10this Agreement may be rnmde, nor any provision waived, unless in writing signed by person duly authorized to sign agreements on behalf of each party. 24.Relationship ofParties. |n performing this Agreement, both the Corporationand LiftFund will act in an individual oaoeoity, and not aaagents, representatives, employees, enlpbvara. podnena. |nt-venturera.orassociates ofone another. The employees oragents ofeither 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 Aonxanlert are for convenience only and are nota part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this 26. Severability. Page 10 of 12 xgreementuftFund 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 Liffund APPROVED AS TO FORM: day of 2016. Assistant City Attorney For City Attorney Corpus Christ! Business & Job Development Corporation M_ President Date: Attest: By: Rebecca Huerta Assistant Secretary LiftFund, Inc. By: ( J i ; e Bar Barrera President and Chief Executive Officer Date: Aucm-s-r 1014" THE STATE OF TEXAS § COUNTY OF BEXAR § This instrument was acknowledged before me on 4maus -r ,� , 2016, by Janie Barrera, President and Chief Executive Officer for LiftFund, Inc., a Tex6s non-profit corporation, on behalf of the corporation. off, fw� L MARY HELEN ALVARADO -tate of Texas ff0tary Oublic .(,�S WOW Public, state of Texas 0 Expires 10.12-2016 Comm, EXP State of Texas 9 '58 Notary ID 4969458 Page 12 of 12 Agreement LiftFund BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ("Project Service Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and the City of Corpus Christi, Texas ("City"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code Section 504.002 et seq, ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Type A Corporation's Board of Directors ("Board"); WHEREAS, the Type A Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 15, 2015; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, LiftFund, Inc. ("LiftFund") has submitted a proposal to the Type A Corporation requesting business development funds from the Board to assist small businesses by providing a loan buy -down program; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund LiftFund's loan buy -down program; and WHEREAS, the Type A Corporation and LiftFund have executed a small business incentive agreement for a loan buy -down program to support small businesses. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Type A Corporation and the City agree as follows: 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Type A Corporation is executed to implement the Small Business Incentive Agreement between the Type A Corporation and LiftFund related to LiftFund's loan buy -down program to support small businesses in Corpus Christi ("Business Incentive Agreement"). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. Page 1 of 3 @BCL@5C05615C 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 orjudgment, 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@5C05615C APPROVED AS TO FORM: day of Assistant City Attorney For City Attorney The City of Corpus Christi Margie C. Rose City Manager Date: Attest Rebecca Huerta City Secretary @BCL@5C05615C , 2016. Corpus Christi Business & Job Development Corporation Dr. R. Bryan Gulley President Date: Page 3 of 3 SC o� Va. v AGENDA MEMORANDUM NcoRPOPp�EO Future Item for the City Council Meeting of September 13, 2016 1852 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 Nelda Martinez Mayor The above resolution was passed by the following vote: Nelda Martinez Carolyn Vaughn Rudy Garza Lucy Rubio Chad Magill @BCL@7405A785 Brian Rosas Colleen McIntyre Michael Hunter Mark Scott Page 2 of 2 BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND SERVICE CORPS OF RETIRED EXECUTIVES (SCORE) CHAPTER 221 FOR JOB TRAINING This Business Incentive Agreement for Job Training ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Service Corps of Retired Executives Chapter 221 ("SCORE"), a Washington, D.C. non-profit corporation. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, Section 504.002 et seq, ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 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, 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. 3 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 governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. SCORE has received a copy of the Act, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The person executing this Agreement on behalf of SCORE is duly authorized to execute this Agreement on behalf of SCORE. f. SCORE does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, SCORE is convicted of a violation under §U.S.C. Section 1324a(f), SCORE shall repay the payments received under this Agreement to the City, with interest at the Wall Street Journal Prime Rate, not later than the 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 governments. 10. Non -Discrimination. SCORE covenants and agrees that SCORE will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 11. Force Majeure. If the Corporation or SCORE are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or SCORE are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 12. Assignment SCORE may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 2 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. 5 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 attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by SCORE of all sums due, the Corporation and SCORE shall have no further obligations to one another under this Agreement. 17. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of SCORE's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time SCORE is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 18. SCORE specifically agrees that Corporation shall only be liable to SCORE for the actual amount of the money grants to be conveyed to SCORE, and shall not be liable to SCORE for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of 6 Agreement SCORE.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 Patties. 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 Chaptr2 By: a— Dennis Dolce President Date: Y � '< I t THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 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. Notary Public State of Texas Agreement SCORE.docx BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ("Project Service Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and the City of Corpus Christi, Texas ("City"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code Section 504.002 et seq, ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one- eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Type A Corporation's Board of Directors ("Board"); WHEREAS, the Type A Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 15, 2015; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, 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 Assistant City Attorney For City Attorney The City of Corpus Christi Margie C. Rose City Manager Date: Attest Rebecca Huerta City Secretary @BCL@74053F7F , 2016. Corpus Christi Business & Job Development Corporation Dr. R. Bryan Gulley President Date: Page 3 of 3 SC o� Va. v AGENDA MEMORANDUM NcoRPOPp1EO First Reading Ordinance for the City Council Meeting of September 13, 2016 1852 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(a-)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: 11 9=1 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. 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 SC o� Va. v AGENDA MEMORANDUM NcoRPOPp1EO First Reading Ordinance for the City Council Meeting of September 13, 2016 1852 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(a-)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: 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 Michael Hunter Chad Magill Colleen McIntyre Lucy Rubio Mark Scott Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre PASSED AND APPROVED, this the ATTEST: Rebecca Huerta City Secretary Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn th day of Nelda Martinez Mayor U.S. Department of Justice _Iq 1 `°��p, " �• Office of Justice Programs Bureau of Justice Assistance Office of Justice Programs Washington, D.C. 20531 August 23, 2016 Ms. Margie Rose City of Corpus Christi 1201 Leopard Street P.O. Box 9277 Corpus Christi, TX 78401 Dear Ms. Rose: On behalf of Attorney General Loretta Lynch, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 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, ,�. 26 Denise O'Donnell Director Enclosures OFFICE FOR CIVIL RIGHTS s 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/vawafags.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 (SAAB) to treat faith -based organizations the same as any other applicant or recipient. The regulation prohibits SAAB 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. §§ 42204(c), 205(c)(5)). Meeting the EEOP Requirement If your organization has less than fifty employees or receives an award of less than $25,000 or is a nonprofit organization, a medical institution, an educational institution, or an Indian tribe, then it is exempt from the EEOP requirement. To claim the exemption, your organization must complete and submit Section A of the Certification Form, which is available online at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf. If your organization is a government agency or private business and receives an award of $25,000 or more, but less than $500,000, and has fifty or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare a Utilization Report (formerly called an EEOP Short Form), but it does not have to submit the report to the OCR for review. Instead, your organization has to maintain the Utilization Report on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to the OCR. The Certification Form is available at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf If your organization is a government agency or private business and has received an award for $500,000 or more and has fifty or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare a Utilization Report (formerly called an EEOP Short Form) and submit it to the OCR for review within sixty days from the date of this letter. For assistance in developing a Utilization Report, please consult the OCR's website at http://www.ojp.usdoj.gov/about/ocr/eeop.htm. In addition, your organization has to complete Section C of the Certification Form and return it to the OCR. The Certification Form is available at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf. To comply with the EEOP requirements, you may request technical assistance from an EEOP specialist at the OCR by telephone at (202) 307-0690, by TTY at (202) 307-2027, or by e-mail at EEOsubmisson@usdoj.gov. Meeting the Requirement to Submit Findings of Discrimination If in the three years prior to the date of the grant award, your organization has received an adverse 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 SAAB 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, SAAB 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 U.S. Department of Justice Office of Justice Programs PAGE 1 of lz l Bureau of Justice Assistance Grant 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER: 2016 -DJ -BX -0289 City of Corpus Christi 1201 Leopard Street P.O. Box 9277 5. PROJECT PERIOD: FROM 10/01/2015 TO 09/30/2019 Corpus Christi, TX 78401 BUDGET PERIOD: FROM 10/01/2015 TO 09/30/2019 6. AWARD DATE 08/23/2016 8. SUPPLEMENT NUMBER 7. ACTION Initial 2a. GRANTEE IRSNENDOR NO. 746000576 00 2b. GRANTEE DUNS NO. 9. PREVIOUS AWARD AMOUNT $ 0 069457786 3. PROJECT TITLE 10. AMOUNT OF THIS AWARD $ 163,004 FY 16 JAG Program 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 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Denise O'Donnell Margie Rose Acting City Manager Director 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. RDJUGT0437 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DJ 80 00 00 163004 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 AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 2 OF 12 Grant 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/Part200UniformRequirements.htm. In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. 2. 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 of 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 AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 3 OF 12 Grant 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(f), 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 recipients 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 AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 4 OF 12 Grant 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 recipienPs obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at http://ojp.gov/funding/Explore/ProhibitedConduct-Traffrcking.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 AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 5 OF 12 Grant 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/ECFR7page=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 AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 6 OF 12 Grant 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 AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 7 OF 12 Grant 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), Fomi 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 AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 8 OF 12 Grant 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 recipients access to grant funds; referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). 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 Uniforni 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 AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 9 OF 12 Grant 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/gsp_grantcondition. 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, a 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 (internet-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 AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 10 OF 12 Grant 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 maybe 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 AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 11 OF 12 Grant 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/tecbnology/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 AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 12 OF 12 Grant 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/le_equipment_wg_final 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 of Justice Assistance 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 GRANT MANAGER'S MEMORANDUM, PT. L• Office of Justice Programs PROJECT SUMMARY s 4Bureau of Justice Assistance 0 Grant PROJECT NUMBER PAGE 1 OF 1 2016 -DJ -BX -0289 This project is supported under FY16(BJA - JAG) 42 USC 3750, et seq. 1. STAFF CONTACT (Name & telephone number) 2. PROJECT DIRECTOR (Name, address & telephone number) Carrie Booth Pat Eldridge (202) 305-7426 Senior Management Assistant P. O. Box 9277 Corpus Christi, TX 78469-9016 (361)886-2696 3a. TITLE OF THE PROGRAM 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 2016 Edward Byrne Memorial Justice Assistance Grant Program 4. TITLE OF PROJECT FY 16 JAG Program 5. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE City of Corpus Christi 1201 Leopard Street P.O. Box 9277 Corpus Christi, TX 78401 7. PROGRAM PERIOD 8. BUDGET PERIOD FROM: 10/01/2015 TO: 09/30/2019 FROM: 10/01/2015 TO: 09/30/2019 9. AMOUNT OF AWARD 10. DATE OF AWARD $ 163,004 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: August 19, 2016 TO: 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 a m e n d m e n t 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 Michael Hunter Chad Magill Colleen McIntyre 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 PASSED AND APPROVED, this the ATTEST: Rebecca Huerta City Secretary Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn th day of '2016. Nelda Martinez Mayor DEPARTMENT OF STATE HEALTH SERVICES Contract 2016-001139 if gwv Amendment Summary The Department of State Health Services (OSHS) 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: 0610112016 Purpose for the amendment: This amendment will amend certain contractual language, extend contract term and revise budget. Change No- 01 Total Amount Current: Revised: 2. Total Amount: The total amount of this Contract is 2. Total Amount: The total amount of this Contract is S201.123.00. $402.246.00. Change No: 02 Term of the Contract Current: Revised: Section 4. Term of the Contract: This Contract begins on Section 4. Term of the Contract: This Contract begins on 07101/2015 and ends on 0613012016. 07101/2015 and ends on 0613012017. Change No: 03 Statement of Work Current* Revised: A. Contractor will perform activities (continue Level i and Level A. Contractor will perform activities (continue Level 1 and Level 2 chemical laboratory surge capacity activities, comply with 2 chemical laboratory surge capacity activities, comply with new Laboratory Readiness Network (LRN) requirements for new Laboratory Readiness Network (LRN) requirements for biological laboratories, coordinate with cross -cutting public biological laboratories, coordinate with cross -cutting public health preparedness partners, and analyze real-time clinical health preparedness partners, and analyze real-time clinical specimens) in support of the Public Health Emergency specimens) In support of the Public Health Emergency Preparedness Cooperative Agreement (Funding Opportunity Preparedness Cooperative Agreement (Funding Opportunity Number CDC-RFA-TP12-120102CONT15) and the Office of the Number CDC-RFA-TP12-120102CONT15 and Assistant Secretary for Preparedness and Response CDC-RFA-TP12-120104CONT16) and the Office of the (OASPR) from the Centers for Disease Control and Prevention Assistant Secretary for Preparedness and Response (CDC). (OASPR) from the Centers for Disease Control and Prevention (CDC). CDC's five year Public Health Emergency Preparedness CDC's five-year Public Health Emergency Preparedness (PHEP) — Hospital Preparedness Program (HPP) Cooperative (PHEP) — Hospital Preparedness Program (HPP) Cooperative Agreement seeks to align PHEP and HPP programs and Agreement seeks to align PHEP and HPP programs and advance public health and healthcare preparedness and Insure advance public health and healthcare preparedness and jurisdictions are capable of providing a standard battery of ensure Jurisdictions are capable of providing a standard battery tests for high priority biological threats and emerging of tests for high priority biological threats and emerging infectious diseases. Contractor shall perform the activities infectious diseases_ Contractor shall perform the activities required under this Program Attachment in the Service Area required under this Program Attachment in the Service Area designated in the most recent version of Section 8. "Service designated in the most recent version of Section 8. "Service Area of this contract Area" of this contract. The total allocation amount for FY16 (0710112015 through 0613012016) Is $201,123.00 The total allocation amount for FY17 (0 710 11201 6 through 81912016 $1912016 06/3012017 is $201,123.00 Change No: 04 Statement of Work Current: Revised: B. Contractor will comply with new biological laboratory B. Contractor will comply with new biological laboratory requirements in accordance with the revised CDC policy for requirements In accordance with the revised CDC policy for LRN-B Reference Level Laboratories. 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: Revised: J. The Contractor is required to provide matching funds for this J. The Contractor is required to provide matching funds for Contract not less than len-percent of the allocation amount. each fiscal year (FYI 6 and FY17) for this Contract not less Cash match Is defined as an expenditure of cash by the than ten -percent of the allocation amount for each fiscal year. contractor on allowable costs of this Contract thal are borne (FYI 6 07101/2015 — 06/3012016 and FY17 0710112015 — by the contractor. In-kind match is defined as the dollar value 0813012017.) Cash match Is defined as an expenditure of cash of non-cash contributions by a third party given In goods, by the contractor on allowable costs of this Contract that are commodities, or services that are used In activities that benefit borne by the contractor. Cash match is defined as an this Contract's project and that are contributed by non-federal expenditure of cash by the contractor on allowable costs of third parties without charge to the contractor. The criteria for this Contract that are bome by the contractor. In-kind match Is match must: 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 criteriaior match must: Change No: 06 Statement of Work Current: Revised: Section 7, O. B. Provide LRN surge capability plan; Section 7.0. 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 Identity essential tab service that must be maintained during an outbreak or emergencyannt. Change No: 07 Statement of Work Current: Revised: Section 7.0. Section 7.0. 9. Maintain extensive collaboration with all hospitals located in 9. Maintain extensive collaboration with all hospitals located In the identified service area to plan for response activities for the identified service area to plan for response activitles for blothreats; biological threats. LRN service regions can be found here: hit :llwww.dshs.state.tx.usllable rLRN.shtnt Change No: 08 Statement of Work Current: Revised: Section 7.0. Section 7, O, 15. An end -of -year performance report in a format specified by 15. Provide an end -of -year performance report In a format DSHS no later than August 15, 2016, specified by DSHS no later than August 15, 2016 for FYI and by August 15, 2017 for FY17: Change No: 09 Statement of Work $1912016 Current: Performance Measures: B. Failure to meet the requirements in Section I may result in withholding a portion of the BRA PREP base award. Current: FY 16 Budget Summary DSHS Funds Requested: Personnel = $96,684.00 Fringe Benefits = $35,096.00 Travel = $14,355.00 Equipment = $0.00 Supplies = $22,305.00 Contractual = S0.00 Other = $32,683.00 Total Direct Costs = S201,123.00 Indirect Costs = $0.00 Totals = $201,123,00 Cash Match: Personnel = $0.00 Fringe Benefits = $0.00 Travel = $0.00 Equipment - $0.00 Supplies - $0.00 Contractual = S0.00 Other = $0.00 Total Direct Costs = S0.00 Indirect Costs = $20,112.00 Totals = $20,112.00 In Kind Match Contributions: Personnel = S0.00 Fringe Benerrts = $0.00 Travel ■ $0.00 Equipment = $0.00 Supplies = $0.00 Contractual = $0.00 Other = $0.00 Total Direct Costs = S0.00 Indirect Costs = $0.00 Totals = $0.00 Category Total: Personnel = $96.684.00 Fringe Benefits = $35,096.00 Travel = S14,355,00 Equipment = $0.00 Suppler, a $22,305.00 Contractual = S0.00 Other = $32,683.00 Total Direct Costs = $201,123.00 Indirect Costs = $20,112.00 Totals = $221.235.00 Change No: 11 Revised: Performance Measures: B. Failure to meet the requirements in Section I may result in withholding a portion of the BP4lFY76 or BPSIFY17 PHEP base award. Revised: Combined Budget Summary DSHS Funds Requested: Personnel = $195.060.00 Fringe Benefits = $74,466.00 Travel $26.172.00 Equipment = $0.00 Supplies = $39,805.00 Contractual = $0.00 Other r $66,743.00 Total Direct Costs = $402,246.00 Indirect Costs = $0.00 Totals = $402,246.00 Cash Match: Personnel = $0.00 Fringe Benefits = $0.00 Travel = $0.00 Equipment a $0.00 Supplies = S0.00 Contractual = $0.00 Other = $0.00 Total Direct Costs = $0.00 Indirect Costs = $0.00 Totals = S0.00 In Kind Match Contributions: Personnel = 50.00 Fringe Benefits = $0.00 Travel - $0.00 Equipment = $0.00 Supplies = S0.00 Contractual = $0.00 Other = $20,113.00 Total Direct Costs = $20,113.00 Indirect Costs = 520,112.00 Totals = S40,225.00 Category Total: Personnel = $195,060.00 Fringe Benefits = S74,466.00 Travel S26,172.00 Equipment = $0.00 Supplies a $39,805.00 Contractual a $0.00 Other = $86.856.00 Total Direct Costs = $422,359.00 Indirect Costs = $20,112.00 Totals = 5442.471.00 Special Provision 8/912016 Current: Revised: Section 16. A. Contractor will submit final close-out bill or A. General Provisions, ARTICLE Ill. SERVICES, Section 3.02 revisions to previous reimbursement request(s) no later than Disaster Services, is revised to include the following: August 15, 2016, for costs incurred between the services dates of July 1, 2015 and June 30, 2016. No expenditures with In the event of a local, stale, or federal emergency the service dates from July 1. 2015 to June 30, 2016 will be paid Contractor has the authority to utilize approximately 5% of after August 15, 2016 from the Budget Period 4 (BP4) staff's time supporting this Program Attachment for response allocation. This Subsection supersedes Section 4.03 of the efforts. DSHS shall reimburse Contractor up to 5% of this Fiscal Year 2015 Department of State of Health Services Program Attachment funded by Center for Disease Control General Provisions (Care/Sub Recipient). 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 5 eclat Provision Current: Revised: B. DSHS will monitor Contractor's billing activity and B. General Provisions, Payment Methods and Restrictions, expenditure reporting on a quarterly basis. Based on these Section 5.03, Final Billing Submission, is modified to add the reviews, DSHS may reallocate funding between contracts to following: maximize use of available funding. Contractor will submit final close-out bill or revisions to previous reimbursement request(s) no later than August 15, 2016 for casts 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. Change No: 13 Special Provislon Current: Revised: C. General Provisions, Allowable Costs and Audit C. General Provisions, Compliance and Reporting, Article II, Requirements Article VII, is amended to Include the following: Section 2.08(a) Is modified by deleting it in Its entirety and replacing it with the following language: For the purposes o1 this Contract, funds may not be used for fundraising activities, lobbying, research; construction, major a. The following sections or portions of sections of these renovations, reimbursement of preaward costs; clinical cars; General Provisions will not apply to interagency or interlocal the purchase of vehicles, funding an award to another party or contracts: provider who is Ineligible, or backfilling costs for staff new 1. Hold Harmless and Indemnification. Section 13.19; construction, or the purchase of incentive items, li. 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 Stale 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 S ental Provisions Current: Revised: D. General Provisions, Access and Inspection Article XI, D. General Provisions, Payment Methods and Restrictions, . 81912016 Access Section 11.01 Is hereby revised to Include the Article V, Section 5.01 is revised to Include the following: following: Contractor may request a one-time working capital advance In addition to the site visits authorized by this Article of the not to exceed 12°% of the total amount of the Contract funded General Provisions, Contractor will allow DSHS to conduct by DSHS. All advances must be expended by the end of the on-site quality assurance reviews of Contractor. Contractor will contract term. Advances not expended by the end of the comply with all DSHS documentation requests and on-site contract term must be refunded to DSHS. Contractors will visits. Contractor will make available for review all documents repay all or part of advance funds at any lime during the related to this Contract upon request by the DSHS Program Contract's term. However, If the advance has not been repaid staff. 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. It the advance Is not repaid prior to the last three months of the Contract term, DSHS will reduce the reimbursement request by one -thins of the remaining balance of the advance. Change Nu: 16 Special Provisions Currant: Revised,. E. General Provisions, General Business Operations of E. General Provisions, Access and Inspection Article XI, Contractor Article XIV, Equipment Purchases (Including Section 11.01 Is revised to include the following: Controlled Assets), Section 14.20, Is revised as follows: In addition to the site visits authorized by this Article of the Contractor is required to iniliale the purchase of approved General Provisions, Contractor will allow DSHS to conduct equipment no later than June 30, 2016 as documented by on-site quality assurance reviews of Contractor. Contractor will Issue of a purchase order or written order confirmation from comply with all DSHS documentation requests and on-site the vendor on or before June 30, 2015. In addition, all visits. Contractor will make available for review all documents equipment must be received no later than 45 calendar days related to the Contract, upon request by the DSHS Program followino the and of the Contract term. staff. Change No: 16 Special Provision Current: Revised; F. General Provisions, General Terms Article XV, Amendment Contractor, Article XIV, Section 14.20, Equipment, is revised Section 15.15, is amended to Include the following: to add the following. Contractor must submit all amendment and revision requests Contractor is required to initiate the purchase of approved In writing to the Division Contract Management Unit at least 90 equipment no later than June 30, 2016 for FY16 and no later days prior to the and of the term of this Contract, than June 30, 2017 for FYI as documented by Issue of a purchase order or written order confirmation from the vendor an 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. All other terms and conditions not hereby amended are to remain in full force and effect. in the event of a conflict between the terms or this contract and the terms of this Amendment, this Amendment shall control. 8/912016 Contractor Signature I certify that 1 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: DSHS Signature Dale Signed: I certify that 1 am auftHzed 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 as t I ��� (P tsisqta y orney For City Attorney 9!912016 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 0613012017. 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 -PREP 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 CDG-RFA-TP12-120102CONT15 and CDC-RFA-TP1 2-120104CONT1 6) 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 (0710112015 through 0613012016) is $201,123.00 The total allocation amount for FY17 (0710112016 through 06/3012017) 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 Ali -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/phpr/capabilities/DSLR_capabilities_July.pdf; Page 2 of IB 3. Presidential Policy Directive 8/PPD-8, March 30, 2011: http://www.hIswatch.com/wp-content/uploads/2011 /04/PPD-B-Preparedness.pdf,- 4. Homeland Security Exercise and Evaluation Plan (HSEEP) Documents: https:Hhseep.dhs.gov/pages/1001—HSEEP7.aspx; 5. Ready or Not? Have a Plan; Surviving Disaster: How Texans Prepare (videos): http:/1www.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://www.phe.gov/preparedness/planning/hpp/pages/default.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 -- 0613012017.) 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 projector 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); 6. 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. Contractors 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 Contractors 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-1 3A 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, Refugia County, San Patricio County Page 8 of 18 This section intentionally left blank. Page 9 of 1B 10. Procurement method: Non -Competitive GST -2012 -Solicitation -00030 11. Renewals: Interagency/interlocal DCPS GOLIVE LRN PHEP 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 bili 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 ll, 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: L 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 Subrecipient General Provisions c. Attachments Budget d. Declarations Certification Regarding Lobbying, Fiscal Federal Funding Accountability and Transparency Act (FFATA) Certification e. Exhibits Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 18. Conflicting Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Contract, then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any. 19. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Name: City of Corpus Christi Vendor Identification Number: 17460005741 20. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. I certify that I am authorized to sign this document and I have read and agree to all parts of the contract, Department of State Health Services Corpus Christi-Nueces County Public Health District (City) By: By: Signature of Authorized Official Signature of Authorized Official Date Date Name and Title Name and Title 1100 West 49th Street Address Address Austin, TX 787564204 City, State, Zip City, State, Zip Telephone Number Telephone Number E-mail Address E-mail Address Page 14 of 18 Budget Summary Organization Name: Corpus Christi-Nueces County Public Health District (City) Contract Number: 2016-001139-01 Budget Categories Program ID: CPSILRN-PREP 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 CERTIFICATION REGARDING LOBBYING Organization Name: Corpus Christi-Nueces County Public Health District (City) Contract Number: 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. Applicable 0 Non- Applicable Signature of Authorized Individual Annette Rodriguez Date: 07/10/2015 Page 16 of 18 TEXAS DEPARTMENT OF STATE HEALTH SERVICES CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATNE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief than (1) No federal appropriated fund:, have btun pant or will be pn 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 grunt, 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 emplo}ee of a member of congress in connection with this Standard Farm -I I, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all 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 510,000 and not more than 5100,000 for each such failure. J&Ue6I 4" 3&� Signature V 9W A`kanaaw Print me of Authorized In ividual OCA Application or Contract Number 0J, 0� 0. , 0, ', S-�' OrganizqttjName 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 T 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? ❑ Yes 0 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 ❑ 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 Platt: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 ❑x As 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 Annette Rodriguez Date 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. if the Signor cannot certify all of the statements contained in this section Si nor must provide written Legal Name /h of Contractor: Via/ ��V�•� /F/F7ATA Contact 91 Name, Email +and �Phone Number. 1.�♦� ��C V�// V�4 �u�c�r Carr �r 4'00Slt�407ce �cr�/.'�-�/e4/fes �ir�i':c.L 3�l - �'•?L - 7as.Z. Primary Address of Contractor: 1 .2 7'�arn -r Roe. 7 4 FFATA Contact 92 Name, Email and Phone Number: 4 �d�� a. C'4 vzz� l Car u l CAev-r •, an d irJ 0- tfffl d9C'Z exa,r C X 7d'Ille ,3G/ -eAwW-7as-.2 ZIP Code: 9 -digits Required www.usas.com DUNS Number: 9 -digits Required www.sam.aov -IV I.2 State of Texas Comptroller Vendor Identification Number (VIN)1.4 Digits -1/ 17 Peller I vuo 71e / 7 Printed Name of Authorized Representative Signature of Authorized Representative 1�'IO�r C� �oSe. � ' • i� Title of Aut prized Representative Date Department of State Health Services Form 4734 — June 2013 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION As the duly authorized representative (Signor) of the Contractor, I hereby certify that the statements made by me in this certification form are true, complete and correct to the best of my knowledge. Did your organization have a gross Incomp4rorn all sources, of less than $300,000 in your previous tax year? ❑ Yes No If your answer is "Yes", skip questions "A", "B", and "C" and finish the certification. If your answer is "No", answer questions "A" and "B". A. Certification_ Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its anIal gross revenue from federal awards during the preceding fiscal year? ❑ Yes No B. Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or m in annual gross revenues from federal awards In the preceding fiscal year? ❑ Yes [No If your answer is "Yes" to both question "A" and "B", you must answer question "C". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. C. Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation of the senior executives In your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 19863 ❑ 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;Erre Gont:400000;Todd Platt:300000; Sally Tom:300000 Provide compensation Information here: Department of State Health Services Form 4734 - June 2013 Fiscal Year 2016 Department of State Health Services Contract General Provisions ARTICLE 1 CONTRACT COM PON ENTS........-------------------------------------- ...------- .»«.... .._...._.«.«.......»..4 SECTION1.01 CONTRACT »......................... .. ».......«.»._...._..__........4 SECTION1.02 ORDER OF PRECEDENCE ...............„....».--....».»....»......».».» _.». «»....«.......»..„............».».«.».».««..«.»»4 ARTICLE I1 COMPLIANCE AND REPORTING..».»....„ «..„«.»....«....»..»......„.«......«.«....................»„..„.»„...»...4 SECTION2.01 COMPLIANCE _.. .............„....._.„.».......»................««««.».«.».».. _. __................».»......„....„._....4 SECTION2.02 PRECEDENCE OF CONTRACTTERAIS.»....«.....«.«..»...«......„...................._...»..„....... ............„..»....«4 SECTION2.03 EFFECT OF LEGISLATIVE CIIANGFS...«.«................«..«............«.............«......._ . „ ......«.........» ....«.«........4 SECTION2.04 CONIPLIANCEwull REQU1RENIEN-M OFSOLICITATIOx DOCumrNT..»„............................................«.«... «4 SECTION 2.05 REI'ORTING...»«......... ........ ....... »........................................................................ «....................«.«.«4 SECTION2.06 APPLICABLE CONTRACTS LAW AND VENUE FOR DISPuTES............... ....................... .........»_..»._........... 4 SECTION 2.07 STATUTES AND STANDARDS OF GENERAL APPLICABILITY ...... .............. ...... .....««.«.«.«.».«......«.»....«.«._...._4 SECTION 2.08 APPLICABILITY OF GENERAL PROVISIONS TO INTERAGENCY AND INTERLOCAL CO\TRACTS._.«._...._._....„ 6 SECTION2.09 CIVIL RiGirrs POLICY AND CO�tPLA1hT5.«..._._._._.......__...»..«_..»......_._.._.»...«....«.......«.»....».»......7 SECTION I.10 LICENSES, CERTIFICATIONS, PER,11 s, REGISTRATIONS AND APPROVALS».....«....»»..»» „....».„.»._.........».7 SECTION 2.11 FUNDING OBLIGATION .......... »...... .»....«.«.„.......««............«.......«.«.......„.......«...._.«.. »„..........,„„.....««.7 SECTION 2.12 WHISTLEBLOWER ACT PROTECTION »..««....«.«...•«.«...._.._» ....».........__._..........»._.......................«...«.7 ARTICLE 111 SERVICES .„..... ....»....»„....»..........«..».».».»....«....«......................«.».«.»..»».„._.................................T SECTION 3.01 EDUCATION TO PERSONS 114 RESIDENTIAL FACILMEs»»..».».».»..«„....„....«.».»....«.......«._._.... ............ 7 SECTION3.02 DISASTER SERVICES« .. ..........« «....».. .„...._..._..._.».„...._.».».......»....................«.»...».....»»........».8 SECTION 3.03 CONSENT TO M EDICAL CARE OF A MINOR «... .... ....... ......... ............ ......._......„ ............._.„_......_._.....5 SEcTION3.94 TELEAtEDICINFjTELEPSYCl11ATRYMEDICALSERVICES ...»..».».........»....».».,.........»....»...»..«...«.««.«.».»..8 SECTION 3.05 SERVICES AND INFORMATION FOR PERSONS WITH LIMITED ENGL1Si1 PROFICIENCI'» ......„.„.„......»......»....9 ARTICLE IV FUNDING.......«..........«.....„.„........„.«....»..».......«....«.„«.... ......... «.......... ....»....�..._....».... ...»._9 SECTION 4.01 DEETTO STATE AND CORPOPMTE STATUS.... «..........«.«.«.«....«...«.« .................« «.„...»...._ _._._.„.».„.»9 SECTION4.02 APPLICATION OF PAYMENT DUE ..«.» «.».».».«.......«..».«.»._._.»._................„..„. „............_.„.».».„.„„..«9 ARTICLE V PAYM ENT METHODS AND RESTRICTIONS «..... »....... «....«.......„......_._........„...............«....».....»».9 SECTION5.01 PAYMEh7 h1ET1iOD5....._._..............»..............„.„„........................ ........ ................. ................ 9 SECTION5.02 INvoicE/BILLINCSDB►11551ON...«......_.».»._._.....«.......«... «.„..........„...........«.«.«. «»._ ..................9 SECTION 5.03 FINAL INVOICEIBILLING SUB\11SSION ..«.«.».«.».».».».».«...«.«.«..«...«.«.......«..».»._....._.»._ ».»........_..10 SECTION5.04 THIRD PARTY PAYORS ._ ....».....„...„.».„...».........„.......».».».»......»«...»....„..«....».»...».».»...».......«..«« 10 ARTICLE VI TERMS AND CONDITIONS OF PAYAI ENT ».»»......_......_...:.._.._..„„..„....„..„„...«...».«....».....» .10 SECTION6.01 PROMPT PAY\tEirT....««».«.........«._._._..._._._._._.».„.„.„....„...»....»..»..«..........„„.„.„.„.„.„.««.......10 SECTION, 6.02 PAYIIIENTSYDEPARIMEhT».._...».«.«.......„..„„.....„».„.„.«.„.„....„.„....«.....«.«.»«.......«.«...«..««._.....10 SECTION6.03 WITIpIOLDING PAYMENT$ ..«.„.„..»«....«.«._._._.«...._«._._..».......»..».........._...__ .............».......».......11 ARTICLE V11 CONFIDENTIALITY..._.„........„...................._...„.....„.......... „..»».».„..«.».».«....»«.«.».......«.«.««.. L SECTION7.01 MA11►TENANCEOFCON FIDENTIALITY»....„.„.„.».„.».......»....»......�.»...............»».....«..».»«..«........II SECTION 7.02 DEPARTMENT ACCESS TO PHI AND OTHER CONFIDENTIAL INFORMATION .«..«...«..«....«......«. .«._......„..11 SECTION7.03 EXCII,%NGEOFCLIENT-IDENTIFYING INFOR,%tATION...„................„.».„.».»...........«.»..««...„.«.„.«.«„..„.»„ 11 SECTION 7.04 SECURITY OF PATIENT OR CLIENT RECORDS ».».«»..«.««....«.«..«« «.......«.«.«... «._.....».» ..».».» »..„„... l 1 SECTION US HIV/AIDS MODEL WORKPLACE GUIDELINES «.«....«.»«..»«.«.».».«.»«««..«.«........«.»«... ««....»._......._.» 12 General Provisions (September 1, 2015) Applicable to Local Health Departments Only ARTICLE Vlll PUBLIC INFORIMAT1ON ACT ...... .........._._».«._.........»......»»....«.».».».»...».....»....».12 SECTION8.01 TEXAS PUBLIC INFORAIATIO\ ALT ........... ............................. ......«..„.«.««....»«..«..«.«...«.«..« 12 ARTICLE IX RECORDS RETENTION............................«.«......«.......................«..«.......»...«...»....«.......«....12 SECTION9.01 RETENTION.._......._.._...........«....».».»....»».....»«..............».«..«..».».....»...«..»..............«.„....«.....-.... 12 ARTICLE X ACCESS, INSPECTION AND AUDIT OF RECORDS .......... ......... ..... _..... ........» _ ..»._......_...........» 12 SECTION10.01 ACCESS ANDINsPECTIOV........«.««.„...«...«.«...«.........««.«.«.«.««........«»................«...«........._.._._._.13 SECTION10.02 STATE AUDITORls OFFICE .»...«..........« ....... «.«....«.««....«.«.««.».«.«....««.......„..«._...» .. »._......».»....13 SECTION 10.03 RESPONDINGTO DEi IC1ENClES ...... _..........._.. _ »..»__._...._. r.«............»..«..««.«..««.«.«.«....».....«...«.13 ARTICLE XI REPORTING REQUIREMENTS......«...«.«....................»......»......«....«....«.«»...«.......«.«.«..««....«....«.13 SECTION 11.01 CHILD ABUSE REPORTING REQUIRENIEhT ._»._ _ ...«........ »... ».»_».»_._..........._...._.........,.»«...«.....«. 13 SECTION 11.02 «.......«..«.14 SECTION11.03 LITIGATION . .............«.«..«... «»..«....«............._._..._.»._..._._._.........._._........_........._._...._._._..... 14 SECTION 11.04 CONTRACT OR LICENSE ACTION AGAINSTTIIE CONTRACTOR._..._......._..._._............._..........»._._._._._..14 SECTION 11.05 INSOLVENCY .._............_......»._.............«_ .»_ ..»._».»........_ _.. _._...........«._.«..«...«.»»........_._._._..14 _ SECTION11.06 PERFOR,MANCEMALFEASANCE«.«.«.«.«.«.««.«.««..................«..........«.... .„ ..............._.... «.«_._.._..14 SECTION 11.07 CRIMINALACTIvITY AND DISCIPLINARY ACTION ........_..._................. .......„................. . ..........««..15 SECTION11.09 RETALIATIOYPitonturrED ......_._........................... .............. ...................................... ......«.«.....15 SECTION11.09 DOCUA1ENTAvoN.«.........».«..««.......».»...»..».«».«.»......»»....... _..... . «...»..««.........««...... »....«....«... «...15 ARTICLEXII ASSURANCES AND CERTIFICATIONS ..............».»....»»......«....«....».»» ..».. .»......«....»....«.... IS SECTION 12.01 CERTIFICATION _.._._...._._......._._......._...._......_._........._..............._»...._..........».................„....«.........15 SECTION 12.02 CHILD SUPPORT DELINQUENCIES ............................................... _.........»... _._....._.. .....16 SECTION12.03 AUTHORIZATION .................._......._..............................».«...«.._................................. ...«..». 16 SECTION 12.04 GIFTS AND BENEFITS PROHIBITED..........«.«.........««..«...«................................................. ..._. _.....16 SECTION12.05 INELIGIBILITY To RECEIVE TIIECoNTRACT.«.»... ».».»... «........ ........... ««........ .. .._ »._...._..»........._.16 SECTION12.06 ANTITRUST ...............«......»..........«....»«....».....»...».«...».»......».«.... «..... »«».«.».»....«.«.......«.. 17 ARTICLEXIII GENERAL BUSINESS OPERATIONS OF CONTRACTOR .................. .................... «...„.«..»..17 SECTION13.01 PROGRAM SITE .....«»..........»....«.».«....».«.««....«.«.«......«.«.««.«..«.................._.»......_.......»...._.........17 SECTION13.02 HISTORICALLY UNDERUTILIZED BUSINESSES (HUBS) ........_._.»...».».».__..»..«.«,».......... «._.....,._._.....« 17 SECTION13.03 BUVTExnS„.«»»..«.»..«......«..«»..»„«»....»«.«.»......»......«.«.........«...«....»..«.«_..................................„ 17 SECTION13.04 STATUSOFSURCONTRACTORS«...«.......... .««.„.««.«.».««.«.«.««....«....«..........««...«._.............._._...._.»....17 SECTION 13.03 INDEPENOENTCO\TRACTOR ....«.«._. .« ....«. ».....»._ ...........» ................_._..........._ ...._.._.«.__..„. Is SECTION 13.06 TAC LIA13ILlTV...........„................... ».«.... ...„„..«„...........«.«.....«...............«.............««.«.«.«....«.._...... Is SECTION 13.07 NOTICE OF ORGANIZATIONAL CHANGE .._.__._...._..._».»...._._......„.„.„....«,..«...„...«««„.... «« ...«.„.„„».1s SECTION 13.08 No EyDORSEntENT ».._.. _»..__._..»» .._..««.«».».„........».».................. ............ ........ ... ...... ...18 SECTION13.09 E-VERIFV SVSTE\l.... .......«.......»......»..»......»...„._...».».»......».«.......»».»..«....«.«.«..._.«.« ...............«..18 ARTICLE XIV GENERALTERMS...............„.»......»...».........«.«.„......»..»..««.».„.«.„.«..«.......«.......«».«....«....«.«!8 SECTION14.01 ASSIGNMENT .._._...._...._._......... ......... ... ................. .»... .»........ ..._.._._...... ...... ...............«..« IB SECTION14.02 LOBBYING ._._» ..........._._«.._ ..._._.....__....__._._.»_..... »._._.»_...._.__..... _..__ ..............«_._._._......19 SECTION 14.03 CONFLICT OF INTEREST ....» ..._.................._.«........................._.„.«.».„.«..«..«...»....»„....».«.„....«.«._.19 SECTION 14.04 TRANSACTIONS BETIVEE.,4 RELATED PARTIES.«.».».........«....«.»».»....„...._.»..»._......«...._...„..» .. «.......IO SECTION 14.05 IhTELLECTUALPROPERTY.._...»........._._._._.__._......_._.«._«.„.«.„„,«....„„«........«.«».».„.......»»..........20 SECTION14.06 OTHER INTANGIBLE PROPERTY _......»......».....»..._....................„.,..«.«..«»....«.„.»»..«...«.......«.».....21 SECTION14.07 SEVERABILITYAND AAIB[GUI r1' ...«» ....«».„.«.«........ «. „....„„.„.«....«». «.„..«....«.««.«.».«....«...... . «.2! SECTION 14.08 LEGAL NOTICE .... ._.... __._._.�_.»_.».»..».»...........«.»..._._.«..._..........«...»....._.._ ..._«.« .._._...._...._.....21 SECTION 14.09 SUCCESSORS $ECTION 14.10 SURvivABILmtOFTERat5„...»„... ......... „...... .»................ .».„».»«.......«.........«...... ...... ....... ...«...«.«......21 General Provisions (September 1, 2415) Applicable to Local Health Departments Only SECTION 14.11 CUSTOMER SERVICE INFaR�1,1T10N ....»„«..»». «.» ...».»..««.»«....«......».» »» ...«._.......» ».......».....».».»..21 SECTION 14.12 AatENOMENT..„.................. «.«....... «... «..«....... ......... ...„........._._...». »» .». .».».......«.....»...«..«.»..21 SECTION 14.13 CONTRACTORls NDTIFICATION OF CIIANGE OF CONTACT PERSON OR KEV PERSONNEL ».».»........._».. 21 SEcT1ON 14.14 IINILAT£RALA1tENDMENT........ _........ .... .....21 SECfIOti 14.15 IN -FERMI E:%TENSION A%IEND%IEN-r»......»........«....«.»....«....„.»....»....».........».»....«.....»....».»..»... «....«..22 SECTION14.16 1M\fUN1TYNOT NVA1VED».».»»»»............».»....».»....».»»»............ ................................... .....»........... 22 SECTION 14.17 HOLD HARMLESS AND INDEMNIFICATION .......«.....»...»......................... ......... »._»..»._................II SECTION14.18 �VAII'ER.»._«.»...»»_»......._....»._._..._....»......».....,_..._..,._....„.»................».....»...........».».».».«.»«.22 SECTION 14.19 ELECTRONIC AND INFORMATION RESOURCESACCESSIBILITI AND SECURITY STANDARDS ...».«.«.».».«...».22 SECTION1410 FORCE MAJEURE ».»........» ........».».»....... ......... .............»....«».»......»..............» ...»....».............„.24 SECTION1411 COOPERATION AND COMMUNICATION «.»_..«. . .................»... ».»._.....---------------- ....»....».»..»....»»..... »24 SECTION1412 INSURAN[E.....__..........._......_........»........»....»..........».........„.«._.»«.«......«.«.««........».».....».»......._24 ARTICLE XV BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE ..... ....... ................ ......_..»25 SECTION15.01 ACTIONS CONSTITUTING BREACH OF CONTRACT .».»... ....... »»._.»... ».... ........................».».» «..»..»...».».25 SECTION 15.02 GENERAL REMEDIES AND SANC IONS........-.....«.».......»...».......»...».........»».»........ ................ZS SECTION15.03 NOTICE or REMEDIES OR SANCTIONS .........»..._ ......................». ..........»......« ».»«.«».»....... ««»..«..«.26 SEcnoN 15.04 ESIERCENCYACTIO\«.».».»....«.......».................».».».».»........... .....»....»...».....» .... ».».«..«.......»....„.»..26 ARTICLE XVI .CLA IVIS AGAINST TH E DEPARTMENT -NOTICE OF DISPUTE .........» ...... ............._�._..»».......» 27 SECTION 16.01 BREAcnOFCONTRAcTCLAn1............................................ SECTION16.02 NOTICE ........ ...«.«....««...«.««.«....»..»....«.«....«............»..»....»«............»....»......._..... » ».._...._...,..27 SECTION16.03 PERFORMANCENOTSUSPENDED.».«.«.....«....... ......«......«.».«.........«.............»........».............._._....._27 ARTICLE XVII TERMINATION AND TEMPORARY SUSPENSION .....„.„.».............».».»..«».....« ........«...._......27 SECTION 17.01 EXPIRATION oFCoNTRACTOR PROGRAM ATTAcimEhT5»»....... _.... »....... »........................... « .........27 SECTION 17.02 EFFECTOFTERTII.YATIONOR EXPIRATIUN............ ».».... ».».».»... ......»......«.«............... ...........«..............27 SECTION 17.03 TERMINATION ORTENIPORARYSUSPENSION\VITIIOIJtCAUS£..........«......«.«....«....«......._.._»........»....Z7 SECTION17.04 13INIEDIATETERIMINATION »».._......».».......... .»......... ......»,».„.„.. ».«......».«.....„.„.....»».»........»......28 SECTION17.05 TERMINATION FOR CAUSE ...........� ...„.„.„. .„..»„..„....»....«......»„....»...»..«..»»..«....«.«.«....«.»...«» 28 SECTION17.06 NOTICE OFTERMINATION ».........«.«.».».......»......_.................»....»...»....».........«......„....„....«.».......„„..28 ARTICLEXVIII VOID, SUSPENDED AND TERM INATEDCONTRACTS .......... »........ .»._.».»__.......»......._,«..„...,28 SECTION 18.01 VOID CONTRACTS »» .«..«..».. .«....««........ «.«..«»....«................. ._.....».».......... ...__........28 SECTION 18.02 EFFECT OF VOID,SUSPENDED, ORINYOLUNTARILYTERM INATEDCONTRACT ».»»..», .. ..». ,..„....«....2$ SECTION 18.03 APPEALS RlGlrts FOR DSHS FUNDED BLOCK GRANTS 28 ARTICLEXIX CLOSEOUT....»....»....».....»...».»..»....».».»....».................................................. ».-------------- 28 SECTION 19.01 CESSATION OF SERVICES AT CLOSEOUT ...»...«..«...».».».».«...«.«.«...»».»....».».«.........................».28 SECTION 19.02 ADMINISTRATIVE OFFSET »»..««.....««........«.«..«««.«.«.».»....»...».......».»................ »..».»...._._._,_. ».29 SECTION19.03 DEADLINE FOR CLOSEOUT .».»« ........................ .«»..»».« .«.«.«.« ........... _ .... Z9 SECTION19.04 PAY a ENT O F REFUNDS ... »».» ._».».» ».».»......._..............„......».»........».„....».».»«».».».».»...»....»...«.. 29 SECTION 19.05 DISALLOWANCESANDADJUST111Ens ............................................. ......... „.„.«.»...». »..„..29 General Provisions (September 1, 2415) Applicable to Local Health Departments Only 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 terms of this Contract shall take precedence and control. Section 2.03 Effect of Legislative Changes. Contractor agrees that upon notification from Department of State Health Services (DSHS or Department) Contractor shall comply with any changes to the term of the contract include in its contracts that are a result of legislation during the term of this Contract. Section 2.04 Compliance with Requirements of solicitation Document. If applicable and except as specified in these General Provisions or the Contract's terms, the Contractor shall comply with the requirements, eligibility conditions, assurances, certifications and program requirements of the Solicitation Document for the duration of this Contract or any subsequent renewals. The Parties agree that the Department has relied upon Contractor's response to the Solicitation Document The Parties agree that any misrepresentation contained in Contractor's response to the Solicitation Document constitutes a breach of this Contract and may result in termination. Section 2.05 Reporting. Contractor shall submit reports in accordance with the reporting requirements established by the Department and provided for in the Contract and in these General Provisions. Except as otherwise provided for in this Contract or General Provisions, the Contractor shall submit reports to the assigned contract manager. Contractor shall also provide any other information requested by the Department in the format required by DSHS. Failure to submit any required report or additional requested information by the due date specified in the contract or upon request may constitute a breach of contract, result in delayed payment and/or the imposition of sanctions and remedies. And failure to comply with a reporting requirement may adversely affect evaluation of Contractor's ability to contract in the future with the Department. Section 2.06 Applicable Contracts Law and Venue for Disputes. Except as provided for in Article XV, all issues related to this contract, including formation, performance and interpretation that may arise in any dispute between the Parties, shall be governed by and construed in accordance with the laws of the State of Texas and venue shall be in Travis County, Texas. Section 2.07 Statutes and Standards of General Applicability. Contractor is responsible for reviewing and complying with all applicable statutes, rules, regulations, executive orders and policies. To the extent applicable General Provisions (September 1, 2015) Applicable to Local Health Departments Only 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 at seq.; 2. Title IX of the Education Amendments of 1972,20 USC §§ 1681-1683, and 16854686; 3. Section 504 of the Rehabilitation Act of 1973, 29 USC § 794(a); 4. Americans with Disabilities Act of 1990,42 USC §§ 12101 at 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 at 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 ct seq., relating to drug abuse; 12. Public Health Service Act of 1912, §§ 523 and 527,42 USC § 290dd-2, and 42 CFR pt. 2, relating to confidentiality of alcohol and drug abuse patient records; 13. Title VIII of the Civil Rights Act of 1968,42 USC §§ 3601 et seq., relating to nondiscrimination in housing; and 14. DSHS Policy AA -5018, Non-discrimination Policy for DSHS Programs; b. Immigration Reform and Control Act of 1986, 8 USC § 1324a, and Immigration Act of 1990, 8 USC 1101 at seq., as amended by Public Lawl 13A (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 at seq., and 6601 (P.L. 93-348 and P.L. 103-43), regarding human subjects involved in research; c. 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 at seq., and the Intergovernmental Personnel Act of 1970, 42 USC §§ 4701 et seq., as applicable, concerning minimum wage and maximum hours; g. Texas Government Code Chapter 469 pertaining to eliminating architectural barriers for persons with disabilities; h. Texas Workers' Compensation Act, Texas Labor Code Chapters 401-406, and 28 Texas Administrative Code (TAC) pt. 2, regarding compensation for employees' injuries; i. The Clinical Laboratory Improvement Amendments of 1988, 42 USC § 263a, regarding the regulation and certification of clinical laboratories; j. The Occupational Safety and Health Administration Regulations on Blood Borne Pathogens, 29 CFR § 1910.1030, or Title 25 Tex. Admin Code Chapter 96 regarding safety standards for handling blood borne pathogens; k. Laboratory Animal Welfare Act of 1966, 7 USC §§ 2131 et seq., pertaining to the treatment of laboratory animals; 1. Environmental standards pursuant to the following: 1. Institution of environmental quality control measures under the National Environmental Policy Act of 1969,42 USC §§ 4321-4347 and Executive Order 11514 (35 Fed. Reg. 4247), "Protection and Enhancement of Environmental Quality;" General Provisions (September 1, 2015) Applicable to Local Health Departments Only 5 2. Notification of violating facilities pursuant to Executive Order 11738 (40 CER 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 pmject consistency with the approved Slate Management program developed under the Coastal Zone Management Act of 1972,16 USC §§ 1451 et seg.; 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 §§ 42784763, 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 Partl200 ct seq; o. Titles 11 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(8) (77 USC § 7104); u. Executive Order 13513 (Oct. 1, 2009), Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, if required by a federal funding source of this Contract; v. Whistleblower Protection Enhancement Act (5 U.S.C. 2302(b)(8)) and Texas Whistleblower Act (Tex. Gov. Code Chapter 554); and w. Requirements of any other applicable state and federal statutes, executive orders, regulations, rules and policies. Section 2.08 Applicability of General Provisions to Interagency and Interlocal Contracts. a. The following sections or portions of sections of these General Provisions shall not apply to Interagency Cooperation Contracts (Texas Government Code 771) or Interlocal Cooperation Contracts (Texas Government Code Chapter 791): 1. Hold Harmless and Indemnification, Section 14.17; 2. Independent Contractor, Section 13.05; 3. Historically Underutilized Businesses (HUBs), Section 13.02 (Contractor, however, shall comply with HUB requirements of other statutes and rules specifically applicable to that entity; 4. Debt to State and Corporate Status, Section 4.01; General Provisions (September 1, 2015) Applicable to Local Health Departments Only 6 5. Application of Payment Due, Section 4.02; and 6. Article XVI Claims against the Department. b. The following additional provisions shall apply to Interlocal Cooperation Contracts: 1. Payments made by DSHS to Contractor shall be from current revenues available to DSHS; and 2. Each Party represents that it has been authorized to enter into this Contract. Section 2.09 Civil Rights Polley 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 alter Contractor's receipt of the claim. Notice must be directed to: Civil Rights Office Health and Human Services Commission 701 W. 51" Street, Mail Code W206 Austin, Texas 78751 (888) 388-6332 or 5124384313 TTY Toll-free (877) 432-7232 EIEISCivilRiuhts0fric a hlmsc.state.tx.us Section 2.10 Licenses, Certifications, Permits, Registrations and Approvals. Contractor shall obtain and maintain all applicable licenses, certifications, permits, registrations and approvals to conduct its business and to perform the services under this Contract. Failure to obtain or any revocation, surrender, expiration, non -renewal, inactivation or suspension of any such license, certification, permit, registration or approval constitutes grounds for termination of this Contract or other remedies the Department deems appropriate. Contractor shall ensure that all its employees, staff and volunteers obtain and maintain in active status all licenses, certifications, permits, registrations and approvals required to perform their duties under this Contract and shall prohibit any person who does not hold a current, active required license, certification, permit, registration or approval from perfonning 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, subgants, 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 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. reas: a. Community evacuation; b. Health and medical assistance; c. Assessment of health and medical needs; d. Health surveillance; e. Medical care personnel; f. Health and medical equipment and supplies; g. Patient evacuation; h. In-hospital care and hospital facility status; i. Food, drug and medical device safety; j. Worker health and safety; k. Mental health and substance abuse; I. Public health information; m. Vector control and veterinary services; and n. Victim identification and mortuary services. Contractor shall cavy 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 TelemedicinelTelepsychiatry 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; E 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 's. Management of information and documentation for telemedicine services that ensures timely access to accurate information between the two sites. Telemedicine Medical Services does not include chemical dependency treatment services provided by electronic means under 25 TAC Rule § 448.911. Section 3.05 Services and Information for Persons with Limited English Proficiency. a. Contractor shall take reasonable steps to provide services and information both orally and in writing, in appropriate languages other than English, to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits and activities. b. Contractor shall identify and document on the client records the primary language/dialect of a client who has limited English proficiency and the need for translation or interpretation services and shall not require a client to provide or pay for the services of a translator or interpreter. c, Contractor shall make every effort to avoid use of any persons under the age of 18 or any family member or friend of the client as an interpreter for essential communications with a client with limited English proficiency unless the client has requested that person and using the person would not compromise the effectiveness of services or violate the client's confidentiality and the client is advised that a free interpreter is available. ARTICLE IV FUNDING Section 4.01 Debt to State and Corporate Status. a. Pursuant to Texas Government Code § 403.055, the Department shall not approve and Texas Comptroller of Public Accounts shall not issue payment to Contractor if Contractor is indebted to the State for any reason, including a tax delinquency. b. Contractor, if a corporation, certifies by execution of this Contract that it is current and shall remain current in its payment of franchise taxes to the State of Texas or that it is exempt from payment of franchise taxes under Texas law (Texas Tax Code §§ 171.001 et seq.). As a corporation, this Contractor further certifies that it is and shall remain in good standing with the Secretary of State's office. c. A false statement regarding franchise tax or corporate status is a material breach of this Contract. if franchise tax payments become delinquent during the Contract term, all or 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 5.01 Payment Methods. Except as otherwise provided by the provisions of this Contract, the payment method is based on a unit rate (fixed price or a specified) or fee for service (delivery of a specified unit of service) as stated in the Contract. Section 5.02 Invoice/Billing Submission. General Provisions (September 1, 2015) Applicable to Local Health Departments Only 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 InvoiceWling 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. Hill 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 [HIPAA]); b. Texas Health and Safety Code Chapters 12, 47, 81, 82, 85, 88, 92, 161, 181, 241, 245, 251, 534, 576, 577, 596, 611 and 773; c. Texas Occupations Code, Chapters 56 and 159; and d. Any other applicable federal and state laws, rules or regulations. The HHS Data Use Agreement, executed by the Parties, is incorporated as part of the Contract and describes Contractor's rights and obligations with respect to the Confidential Information and the limited purposes, for which the Contractor may create, receive, maintain, use, disclose or have access to Confidential Information. Section 7.02 Department Access to PHI and Other Confidential Information. Contractor shall cooperate with Department to allow Department to request, collect and receive PHI and other confidential information under this Contract, without the consent of the individual to whom the PHI relates, for funding, payment and administration of the grant program and for purposes permitted under applicable state and federal confidentiality and privacy laws. Section 7.03 Exchange of Client -Identifying Information. Except as prohibited by other law, Contractor and DSHS shall exchange PHI without the consent of clients in accordance with 45 CFR § 164.504(e)(3)(i)(B), Texas Health and Safety Code § 533.009 and 25 TAC Chapter 414, Subchapter A or any other applicable federal or state laws, rules or regulations. Contractor shall disclose information described in Texas Health and Safety Code § 614.017(a)(2) relating to special needs offenders, to an agency described in Texas Health and Safety Code § 614.017(c) upon request of that agency, unless Contractor documents that the information is not allowed to be disclosed under 45 CFR Part 164 or other applicable law. Section 7.04 Security of Patient or Client Records. Contractor shall ensure that patient and client records are managed in compliance with state and federal law relating to security and retention of medical or mental health and substance abuse patient and client records. Department may require Contractor to transfer original or copies of patient and client records to Department, without the consent or authorization of the patient or client, upon termination of this Contract or a Contract to General Provisions (September 1, 2015) 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 HIVtAIDS (human immunodeficiency virus/acquired immunodeficiency syndrome), AIDS Model Workplace Guidelines for Businesses, State Agencies and State Contractors Policy No. 090.021. Contractor shall also educate employees and clients concerning HIV and its related conditions, including AIDS, in accordance with the Texas. Health & Safety Code §§ 85.112-114. A link to the Model Workplace Guidelines can be found at: litta:, www.dshs.state.tx.uslhivsttUpolicy twlicies.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 553). 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 7? TAC § 165.1(b) or other applicable statutes, rules and regulations governing medical information. e. Contractor shall include this provision concerning records retention in any subcontract it awards. f. Contractor ceases business operations, it shall ensure that records relating to this Contract are securely stored and are accessible by the Department upon Department's request for at least four years from the date Contractor ceases business or from the date this Contract terminates, whichever is sooner. g. Contractor shall provide, and update as necessary, the name and address of the party responsible for storage of records to the contract manager assigned to this Contract. ARTICLE X ACCESS, INSPECTION AND AUDIT OF RECORDS General Provisions (September 1, 2015) 12 Section 10.01 Access and Inspection. In addition to any right of access arising by operation of law, Contractor and any of Contractor's affiliate or subsidiary organizations or subcontractors shall permit the Department or any of its duly authorized representatives, as well as duly authorized federal, state or local authorities, including the Comptroller General of the United States, the Office of the Inspector General at HHSC (OIG) and the State Auditor's Office (SAO) or any of their successor agencies, unrestricted access to and the right to examine any site where business is conducted or client services are performed, and all records, which includes but is not limited to financial, client and patient records, books, papers or documents related to this Contract. If deemed necessary by the Department or the OIG, for the purpose of investigation or hearing, Contractor shall produce original documents related to this Contract. The Department and HHSC shall have the right to audit billings both before and after payment, and all documentation that substantiates the billings. Contractor shall include this provision concerning the right of access to, and examination of, sites and information related to this Contract in any subcontract it awards. Section 10.02 State Auditor's Office. Contractor shall, upon request, make all records, books, papers, documents, or recordings related to this Contract available for inspection, audit, or reproduction during normal business hours to any authorized representative of the SAO. Contractor understands that the acceptance of funds under this Contract acts as acceptance of the authority of the SAO, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor shall cooperate fully with the SAO or its successor in the conduct of the audit or investigation, including providing all records requested, and providing access to any information the SAO considers relevant to the investigation or audit. The SAO's authority to audit funds shall apply to Contract funds disbursed by Contractor to its subcontractors, and Contractor shall include this provision concerning the SAO's authority to audit and the requirement to cooperate, in any subcontract Contractor awards. Section 10.03 Responding to Deficiencies. Any deficiencies identified by DSHS or HHSC upon examination of Contractor's records or during an inspection of Contractor's site shall be conveyed in writing to Contractor. Contractor shall submit, by the date prescribed by DSHS, a resolution to the deficiency identified in a site inspection, program review or management or financial audit to the satisfaction of DSHS or, if directed by DSHS, a corrective action plan to document and resolve the deficiency. A DSHS or HHSC determination of either an inadequate or inappropriate resolution of the findings may result in contract remedies or sanctions under the Breach of Contract and Remedies for Non -Compliance (See Article XV). ARTICLE 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 (HIVSTD); 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 wwwAshs.state.mus: childabuscreportinc 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 httn:Hsao.fraud_statc.tx.us, and to the HHS Office of Inspector General at httpa/www.oig.hhs.gov/fraud/hotline/ _ no later than three working days from the date that Contractor has knowledge or reason to believe such activity has taken place. Section 11.07 Criminal Activity and Disciplinary Action. 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; e. 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 11.0E 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 uiRder these General Provisions or this Contract. ARTICLE 311 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 5 231.006, 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 2j, 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 § 15.0 1, et seq. Contractor certifies that neither Contractor nor anyone acting for Contractor has violated the antitrust laws of this state or federal antitrust laws nor communicated directly or indirectly regarding a bid made to any competitor or any other person engaged in Contractor's line of business for the purpose of substantially lessening competition in such line of business. ARTICLE XIII GENERAL BUSINESS OPERATIONS OF CONTRACTOR Section 13.01 Program Site. Contractor shall provide services only in locations that are in compliance with all applicable local, stale and federal zoning, building, health, fire and safety standards. Section 13.02 Historically Underutilized Businesses (HUBS). If Contractor was not required to submit a HUB subcontracting plan and if subcontracting is permitted under this Contract, Contractor is encouraged to make a good faith effort to consider subcontracting with HUBS in accordance with Texas Government Code Chapter 2161 and 34 TAC § 20.14 et seq. Contractors may obtain a list of HUBS at htto: w%vw.window.state.tx.us.-,procurement/progAiub. If Contractor has filed a HUB subcontracting plan, the plan is incorporated by reference in this Contract. if Contractor desires to make a change in the plan, Contractor must obtain prior approval of the revised plan from the Department's HUB Coordinator before proposed changes shall be effective under this Contract. Contractor shall make a good faith effort to subcontract with HUBS during the performance of this Contract and shall report HUB subcontract activity to the Department's HUB Coordinator by the 1511' day of each month for the prior month's activity, if there was any such activity in accordance with 34 TAC § 20.16(c). Section 13.03 Buy Texas. Contractor shall purchase products and materials produced in Texas when the products and materials are available at a price and time comparable to products and materials produced outside of Texas as required by Texas Government Code § 2155.4441. Section 13.04 Status of Subcontractors. Contractor shall require that all subcontractors certify that they General Provisions (September 1, 2015) 17 arc/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 E 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 slate and federal tax laws and is solely responsible for filing all required state and federal tax forms and making all tax payments. If the Department discovers that Contractor has a liability or has failed to remain current on a delinquent liability to the IRS, this Contract shall be subject to remedies and sanctions under this Contract, including immediate termination at the Department's discretion. if the Contract is terminated under this section, the Department shall not enter into a contract with Contractor for three years from the dale of termination. Section 13.07 Notice of Organizational Change. Contractor shall submit written notice to the contract manager assigned to the Contract within 10 business days of any change to Contractor's name, contact information, key personnel, organizational structure, such as merger, acquisition or change in form of business, legal standing or authority to do business in Texas. A change in Contractor's name and certain changes in organizational structure require an amendment to this Contract in accordance with the amendment provisions in Article XIII. Section 13.08 No Endorsement. Other than stating the fact that Contractor has a contract with DSHS, Contractor and its subcontractors are prohibited from publicizing the contractual relationship between Contractor and DSHS and from using the Department's name, logo or website link in any manner that is intended or that could be perceived as an endorsement or sponsorship by DSHS or the State of Texas of Contractor's organization, program, services or product, without the express written consent of DSHS. Section 13.09 E -Verify System. By entering into this Contract, the Contractor certifies and ensures that it utilizes and will continue to utilize, for the term of this Contract, the U.S. Department of Homeland Security's E - Verify system to determine the eligibility of: a. All persons employed to perform duties within Texas, during the term of the Contract; and b. All persons (including subcontractors) assigned by the Contractor to perform work pursuant to the Contract, within the United States of America. ARTICLE XIV GENERAL TERMS Section 14.01 Assignment. Contractor shall not transfer, assign, or sell its interest, in whole or in part, in this General Provisions (September 1, 2015) 18 Contract without the prior written consent of the Department. Section 14.02 Lobbying. a. Contractor shall comply with Texas Government Code § 556.0055, which prohibits contractors who receive state funds from using those funds to pay lobbying expenses. Further, Contractor shall not use funds paid under this Contract, either directly or indirectly, to support the enactment, repeal, modification, or adoption of any law, regulation or policy at any level of government, or to pay the salary or expenses of any person related to any activity designed to influence legislation, regulation, policy or appropriations pending before Congress or the state legislature, or for influencing or attempting to influence an officer or employee of any federal or state agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any contract or the extension, continuation, renewal, amendment, or modification of any contract (3I USC § 1352). b. If at any time this Contract exceeds $100,000 of federal funds, Contractor shall file with the contract manager assigned to the Contract a declaration containing the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of Contractor in connection with this Contract, a certification that none of the funds provided by Department have been or shall be used for payment to lobbyists, and disclosure of the names of any and all registered lobbyists with whom Contractor has an agreement. c. Contractor shall file the declaration, certification, and disclosure: 1. At the time of application for this Contract; 2. Upon execution of this Contract unless Contractor previously filed a declaration, certification, or disclosure form in connection with the award; and 3. At the end of each calendar quarter in which any event occurs that materially affects the accuracy of the information contained in any declaration, certification, or disclosure previously filed. Contractor shall require any person who requests or receives a subcontract to file the same declaration, certification, and disclosure with the contract manager assigned to the Contract. Contractor shall include this provision in any subcontracts. Section 14.03 Conflict of Interest. Contractor represents to the Department that it and its subcontractors, if any, do not have, nor shall Contractor or its subcontractors knowingly acquire or retain any financial or other interest that would conflict in any manner with the performance of their obligations under this Contract. Potential conflicts of interest include, but are not limited to, an existing or potential business or personal relationship between Contractor (or subcontractor), its principal (or a member of the principal's immediate family) or any affiliate or subcontractor and Department or HHSC, their commissioners, officers or employees, or any other entity or person involved in any way in any project that is the subject of this Contract. Contractor shall establish safeguards to prohibit employees and subcontractors and their employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. If, at any time during the term of this Contract, Contractor or any of its subcontractors has a conflict of interest or potential conflict of interest, Contractor shall disclose the actual or potential conflict of interest to the contract manager assigned to the Contract within 10 days of when Contractor becomes aware of the existence of the actual or potential conflict of interest. Contractor shall require each of its subcontractors to report to Contractor any conflict of interest or potential conflict of interest the subcontractor has or may have within 10 days of when the subcontractor becomes aware of the actual or potential conflict of interest. General Provisions (September 1, 2015) 19 Section 14.44 Transactions Between Related Parties. Contractor shall identify and report to DSHS any transaction between Contractor and a related party that is part of the work that the Department is purchasing under this Contract before entering into the transaction or immediately upon discovery. A related party is a person or entity related to Contractor by blood or marriage, common ownership or any association that permits either to significantly influence or direct the actions or policies of the other. Contractor, for purposes of reporting transactions between related parties, includes the entity contracting with the Department under this Contract as well as the chief executive officer, chief financial officer and program director of Contractor. Contractor shall submit to the contract manager assigned to the Contract the name, address and telephone number of the related party, how the party is related to Contractor and the work the related party shall perform under this Contract. Contractor shall comply with Texas Government Code Chapter 573. Contractor shall maintain records and supply any additional information requested by the Department, regarding a transaction between related parties, needed to enable the Department to determine the appropriateness of the transaction pursuant to applicable state or federal law, regulations or circulars, which may include 45 CFR § 74.42. Section 14.05 Intellectual Property. a. Texas Health and Safety Code § 12.020 authorizes DSHS to protect intellectual property developed as a result of this Contract. "Intellectual property" is created property that may be protected under copyright, patent, or trademark/service mark law. b. For purposes of this Contract, intellectual property prepared for DSHS use, or a work specially ordered or commissioned through a contract for DSHS use is a "work made for hire." DSHS owns works made for hire unless it agrees otherwise by contract. To the extent that title and interest to any such work may not, by operation of law, vest in DSHS, or such work may not be considered a work made for hire, Contractor irrevocably assigns the rights, title and interest therein to DSHS. c. DSHS has the right to obtain and hold in its name any and all patents, copyrights, registrations or other such protections as may be appropriate to the subject matter, and any extensions and renewals thereof. Contractor shall give DSHS and the State of Texas, as well as any person designated by DSHS and the State of Texas, all assistance required to perfect the rights defined herein without charge or expense beyond those amounts payable to Contractor for goods provided or services rendered under this Contract. If federal funds are used to finance activities supported by this Contract that result in the production of intellectual property, the federal awarding agency reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for federal government purposes: 1. Copyright in any intellectual property developed under this Contract including any subcontract; and 2. Any rights of copyright to which a Contractor purchases ownership with contract funds. d. Any rights of copyright, service or trademarks or patents to which a grantee, subgrantee or a Contractor purchases ownership with contract funds General Provisions (September 1, 2015) 20 e. if the results of the contract performance are subject to copyright law, Contractor cannot publish those results without prior review and approval of DSHS. Contractor shall submit requests for review and approval to the contract manager assigned to the Contract. Section 14.06 Other Intangible Property. At the conclusion of the contractual relationship between Department and Contractor, for any reason, Department shall have the sole ownership rights and interest in all non-copyrightable intangible property that was developed, produced or obtained by Contractor as a specific requirement under this Contract or under any grant that funds this Contract, such as domain names, URLs or software licenses with a value of $500 or more. Contractor shall cooperate with Department and perform all actions necessary to transfer ownership of such property to the Department or its designee, or otherwise affirm Department's ownership rights and interest in such property. This provision shall survive the termination or expiration of this Contract. Section 14.07 Severability and Ambiguity. If any provision of this Contract is construed to be illegal or invalid, the illegal or invalid provision shall be deemed stricken and deleted to the same extent and effect as if never incorporated, but all other provisions shall continue. The Parties represent and agree that the language contained in this Contract is to be construed as jointly drafted, proposed and accepted. Section 14.08 Legal Notice. Except as otherwise provided in this Contract or General Provisions, any notice required or permitted to be given by the provisions of this Contract or General Provisions shall be deemed to have been received by a Party on the third business day after the date on which it was mailed to the Party at the address specified by the Party to the other Party in writing or, if sent by certified mail, on the dale 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 ternination or expiration or remain to be performed, including but not limited to maintaining confidentiality of information and records retention. Section 14.11 Customer Service Information. If requested, Contractor shall supply such information as required by the Department to comply with the provisions of Texas Government Code Chapter 2114 regarding Customer Service surveys. Section 14.12 Amendment. All amendments to this Contract must be in writing and agreed to by both Parties. If a Contractor requests an amendment, it must be submitted in writing and include a justification 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) 21 c. Change the name of the Contractor in order to reflect the Contractor's name as recorded by the Texas Secretary of state. Section 14.15 Interim Extension Amendment. a. Prior to or on the expiration date of this Contract, the Parties agree that this Contract can be extended as provided under this Section. b. DSHS/MSC 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 one-time extension for a period of time determined by HHS/DSHS. Section 14.16 Immunity Not Waived. THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY DEPARTMENT OR THE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. Section 14.17 Hold Harmless and Indemnification. Contractor, as an independent contractor, agrees to hold Department, the State of Texas, individual state employees and officers, and the federal government harmless and to indemnify them from any and all liability, suits, claims, losses, damages and judgments, and to pay all costs, fees, and damages to the extent that such costs, fees, and damages arise from performance or nonperformance of Contractor, its employees, subcontractors, joint venture participants or agents under this Contract. Section 14.18 Waiver. Acceptance by either Party of partial performance or failure to complain of any action, non -action or default under this Contract shall not constitute a waiver of either party's rights under this Contract. Section 14.19 Electronic and Information Resources Accessibility and Security Standards. a. Applicability. The following Electronic and Information Resources (EIR) requirements apply to the Contract because the Contractor performs services that include EIR that DSHS employees are required or permitted to access or members of the public are required or permitted to access. This Section does not apply to incidental uses of EIR in the performance of the Agreement, unless the Parties agree that the EIR will become property of the State of Texas or will be used by HHSC's clients or recipients after completion of the Agreement. General Provisions (September 1, 2015) 22 Nothing in this section is intended to prescribe the use of particular designs or technologies or to prevent the use of alternative technologies, provided they result in substantially equivalent or greater access to and use of a Product. b. Definitions. For purposes of this Section: "Accessibility Standards" means accessibility standards and specifications for Texas agency and institution of higher education websites and EIR set forth in 1 TAC Chapter 206 and/or Chapter 213. "Electronic and Information Resources" means information resources, including information resources technologies, and any equipment or interconnected system of equipment that is used in the creation, conversion, duplication, or delivery of data or information. The term includes telephones and other telecommunications products, information kiosks, transaction machines, Internet websites, multimedia resources, and office equipment, including copy machines and fax machines. "Electronic and Information Resources Accessibility Standards" means the accessibility standards for electronic and information resources contained in I Texas Administrative Code Chapter 213. "Product" means information resources technology that is, or is related to, EIR. "Web Site Accessibility Standards/ Specifications" means standards contained in Volume 1 Tex. Admin. Code Chapter 206(c) Accessibility Requirements. Under Tex. Gov't Code Chapter 2054, Subchapter M, and implementing rules of the Texas Department of Information Resources, DSHS must procure Products and services that comply with the Accessibility Standards when those Products are available in the commercial marketplace or when those Products are developed in response to a procurement solicitation. Accordingly, Contractor must provide electronic and information resources and associated Product documentation and technical support that comply with the Accessibility Standards. c. Evaluation, Testing, and Monitoring. I . DSHS may review, test, evaluate and monitor Contractor's Products and services, as well as associated documentation and technical support for compliance with the Accessibility Standards. Review, testing, evaluation and monitoring may be conducted before and after the award of a contract. Testing and monitoring may include user acceptance testing. Neither the review, testing (including acceptance testing), evaluation or monitoring of any Product or service, nor the absence of review, testing, evaluation or monitoring, will result in a waiver of the State's right to contest the Contractor's assertion of compliance with the Accessibility Standards. 2. Contractor agrees to cooperate fully and provide DSHS and its representatives timely access to Products, records, and other items and information needed to conduct such review, evaluation, testing, and monitoring. d. Representations and Warranties. 1. Contractor represents and warrants that: i. As of the Effective Date of the Contract, the Products and associated documentation and technical support comply with the Accessibility Standards as they exist at the time of entering the Agreement, unless and to the extent the Parties otherwise expressly agree in writing; and General Provisions (September 1, 2015) 23 ii. If the Products will be in the custody of the state or a DSHS client or recipient after the Contract expiration or termination, the Products will continue to comply with Accessibility Standards after the expiration or termination of the Contract Term, unless DSHS or its clients or recipients, as applicable, use the Products in a manner that renders it noncompliant. 2. In the event Contractor becomes aware, or is notified that the Product or service and associated documentation and technical support do not comply with the Accessibility Standards, Contractor represents and warrants that it will, in a timely manner and at no cost to DSHS, perform all necessary steps to satisfy the Accessibility Standards, including remediation, replacement, and upgrading of the Product or service, or providing a suitable substitute. 3. Contractor acknowledges and agrees that these representations and warranties are essential inducements on which DSHS relies in awarding this Contract. 4. Contractor's representations and warranties under this subsection will survive the termination or expiration of the Contract and will remain in full force and effect throughout the useful life of the Product. 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. 2. In the event of a breach of Contractor's representations and warranties, Contractor will be liable for direct, consequential, indirect, special, or liquidated damages and any other remedies to which DSHS may be entitled under this Contract and other applicable law. This remedy is cumulative of any other remedies to which DSHS may be entitled under this Contract and other applicable law. Section 14.20 Force Majeure. Neither Party shall be liable for any failure or delay in performing all or some of its obligations, as applicable, under this Contract if such failure or delay is due to any cause beyond the reasonable control of such Party, including, but not limited to, extraordinarily severe weather, strikes, natural disasters, fire, civil disturbance, epidemic, war, court order or acts of God. The existence of any such cause of delay or failure shall extend the period of performance in the exercise of reasonable diligence until after the cause of the delay or failure no longer exists and, if applicable, for any reasonable period of time thereafter required to resume performance. A Party, within a period of time reasonable under the circumstances, must inform the other party as soon as practicable. This Party must also submit written notice with proof of receipt of the existence of a force majeure event or otherwise waive the right as a defense to non-performance. Section 14.21 Cooperation and Communication. Contractor shall cooperate with Department staff and as applicable, other DSHS contractors and shall promptly comply with requests from DSHS for information or responses to DSHS inquiries concerning Contractor's duties or responsibilities under this Contract. Section 14.22 Insurance. Contractor shall acquire and maintain for the duration of this Contract, insurance and with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the Contractor's industry or profession. Contractor must submit evidence of insurance as required under this Contract, including if requested a schedule of coverage or "underwriter's schedules" establishing to the satisfaction of DSHS the nature and extent of coverage granted by each such policy upon request by DSHS. In the event that any policy is determined to be deficient to comply with the terms of this Contract, Contractor shall General Provisions (September 1, 2015) 24 secure such additional policies or coverage as DSHS may reasonably request or that are required by law or regulation. ARTICLE XV BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE Section 15.01 Actions Constituting Breach of Contract. Actions or inactions that constitute breach of contract include, but are not limited to, the following: a. Failure to properly provide the services and/or goods purchased under this Contract; b. Failure to comply with any provision of this Contract including failure to comply with all applicable statutes, rules or regulations; c. Failure to pay refunds or penalties owed to the Department; d. Failure to comply with a repayment agreement with Department or agreed order issued by the Department; c. Discovery of a material misrepresentation in any aspect of Contractor's application or response to the Solicitation Document; is 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 15.42 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 ofremcdies or sanctions to Department for any breach of this Contract. The Department may impose one or more remedies or sanctions for each item of noncompliance and shall determine remedies or sanctions on a case-by-case basis if Contractor breaches this Contract by failing to comply with one or more of the terms of this Contract, including but not limited to compliance with applicable statutes, rules or regulations, the Department may take one or more of the following actions: a. Terminate this Contract by one of means provided in Article XVII. If applicable, notify Contractor of the opportunity to request a hearing on the termination pursuant to Texas Government Code Chapter 2105 regarding administration of Block Grants; b. Suspend all or part of this Contract by notifying that the Contractor that DSHS is temporarily discontinue performance of all or a part of the Contract as provided for in Article XVII; as of the effective date of the suspension pending DSHS's determination to terminate, amend the Contract or permit the Contractor to resume performance. Contractor shall not bill DSHS for services performed during suspension, unless expressly authorized by the notice of suspension; c. Use as a basis to deny additional or enter into future contracts with Contractor, d. Temporarily withhold cash payments to Contractor for proper charges or pending resolution of issues of noncompliance with conditions of this Contract or indebtedness to the United States or to the State of Texas; e. Permanently withhold cash payments by retaining funds billed by Contractor, f. Request that Contractor be removed from the Centralized Master Bidders List (CMBL) or any other state bid list, and bared 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 or 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 ofDepartment's final decision. d. If required by the Department, Contractor shall submit a corrective action plan for DSHS approval and take corrective action as stated in the plan approved by DSHS. If DSHS determines that repayment is warranted, DSHS shall issue a demand letter to Contractor for repayment. If full repayment is not received within the time limit stated in the demand letter, and if recoupment is available, DSHS shall recoup the amount due to DSHS from funds otherwise due to Contractor under this Contract. Section 15.04 Emergency Action. In an emergency, Department may immediately terminate or suspend all or part of this Contract, temporarily or permanently withhold cash payments, deny future contract awards, or delay contract execution by delivering written notice to Contractor, by any verifiable method, stating the reason for the emergency action. An "emergency" is defined as Contractor is noncompliant and the noncompliance has a direct adverse effect on the public or client health, welfare or safety. The direct adverse effect may be programmatic and may include failing to provide services; providing inadequate services; or providing unnecessary services. General Provisions (September 1, 2015) 26 Whether Contractor's conduct or noncompliance is an emergency will be determined by Department on a case- by-case basis and will be based upon the nature of the noncompliance or conduct. ARTICLE XVI CLAIMS AGAINST THE DEPARTMENT -NOTICE OF DISPUTE Section 16.01 Breach of Contract Claim. The process for a breach of contract claim against the DSHS provided for in Texas Government Code Chapter 2260 and implemented in the rules at 25 TAC §§4.11-4.24 or as amended by DSHS, shall be used by DSHS and Contractor to attempt to resolve any breach of contract claim against DSHS. Section 16.02 Notice. Contractor's claims for breach of this Contract that the Parties cannot resolve in the ordinary course of business must be submitted to the negotiation process provided in Chapter 2260 and 25 TAC or as amended. To initiate the process, Contractor shall submit written notice, as required by Subchapter B, to DSHS Office of General Counsel. The notice must specifically state that the provisions of Chapter 2260 are being invoked and comply with all the requirements in this Chapter and TAC. A copy of the notice must also be given to all other representatives of DSHS and Contractor. Section 16.03 Performance Not Suspended. Neither the occurrence of an event nor the pendency of a notice of claim Filed by the Contractor constitutes grounds for the suspension in whole or part of performance by Contractor. ARTICLE XVII TERMINATION AND TEMPORARY SUSPENSION Section 17.01 Expiration of Contract or Program Attachments. a. Except as provided in the Survivability of Terms section of the General Terms Article, Contractor's service obligations stated in each Contract or Program Attachment shall end upon the expiration date of that Contract or Program Attachment unless extended or renewed by written amendment. b. Prior to completion of the term of all Contracts or Program Attachments, all or apart 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 terns 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, 201 S) 27 a. Either Party may terminate this Contractor 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 fiords, Contractor may request an administrative hearing under Texas Goverment 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 atter termination or expiration of Contract or Program Attachment. Upon termination or expiration of this Contract or Program Attachment, Contractor shall immediately initiate Closeout activities described in this Article. Section 19.02 Administrative Offset. The Department has the right to administratively offset amounts owed by Contractor against any invoice submitted for payment. Section 19.03 Deadline for Closeout. Contractor shall submit all performance, and other Closeout reports required under this Contract within 45 calendar days after the Contract or Program Attachment, if applicable, has terminated. Section 19.04 Payment of Refunds. Any funds paid to Contractor in excess of the amount to which Contractor is finally determined to be entitled under the terms of this Contract constitute a debt to the Department and shall result in a refund due, which Contractor shall pay within the time period established by the Department. Section 19.05 Disallowances and Adjustments. The Closeout of this Contract or Program Attachment does not affect the Department's right to recover funds on the basis of a later audit or other review or Contractor's obligation to return any funds due as a result of later refunds, corrections or other transactions. General Provisions (September 1, 2015) 29 2016 FEDERAL GRANT SUBRECIPIENT ADDITIONAL PROVISIONS ARTICLE XX DSIIS GENERAL PROVISIONS .................... .... ....,,.,._.. __ . . .. . . __. . . __ ._...--.,,., 31 ARTICLE XXI PROGRAM OPERATIONS..,..,_:,,:.......................:...........,....:,, .a:,,,...., .................. ..:.....,.,.......... .............. 31 Section 21.01 Client Financial Eligibility. ,.,,,,.... ............... -,..................,..__- ___........ —x.,.,,„,.31 Section 21-02 Contracts witb5ubreclpientand Vendor Subcontractors ................,.........:.. ,..........................�,. 31 Section 21.03 incorporation or Terms in Subrecipleat Subcontracts. .__ .............. .............,,. ,,,„.„, . ,.....,_..,.,__.:.__.:_31 Section21.04 Quality Management. .:... .... .......:...:...:::......:..:.::.:::::::::.::.:::..:,.,....................... ................ ............. ,,....32 Section 21.05 Contractor's Notification of Changeto Certain Contract Pro►isloas, ................. 2 Section 21.06 Responsibilities and Restrictions Concerning Governing Body, Officers and Employees. » 32 Sectlon21.07 Direct Operation.............................:..........:.:..::::......................I..... , ..,,............:.,....,...,...,.,,,,,..,........33 ARTICLEXXII PROGRAII EQU1PhlENTANDSUPPLIES,,,,,,,,,,,,,,,,,,,,,,,,„,,.,,»..,,,.,.,,,.,,,,,,,-..--------- .-........ ............ 33 Section 22.01 Equipment......— ................ ..., . . ,......... ..........._... . 33 Section 22.02 Equipment List ,.............. ..,,............. -............... .. ........33 Section2I.03 Supplies. :....»«.,,....,.«...».,«,,.....,_,,,,,,«,_,............. ....... ...»...... ..,,.......... ......_ ._. _. _. _. _ ._. ....34 Section 22.04 Property Inventory and Protection of Assets. ........ Section 22.05 Assets as Collateral Probibiled. .............. -„.......... » ,... , ..... 34 ARTICLE XX111 PROGRAM FUNDS AND PAYMENTS :::. ........................ ...,...,,..._:_... 34 Sectlau23.01 Use or Funds.::....:::..................::.::......,.W,,,,.,. -....::.,,.,,.,::,.,,........................,....M.::,..,......,...............,........ 34 Section 23.02 Use for Match Prohibited. ... _ __.....,.».,........».... ...,«., .:_.« ... ...........». ...:. ,..,-. ,,....34 Section 23.03 Program Income. _.........................__._ ,,_:e........ ..... .................. ........ 1.1.1 ...... ...:.............. 35 Section23.04 Nonsupplanting...............-..............::...::..::::..::::,.:.....::.:,,.,.,,...,..,...,,..,,.........:...::::::::::,.,.,.,.,.......,,...........35 Section23.05 Payment Methods....................:............................................ ..,.,,«,,.,..w..., ......... ,... A .,.....,.....35 Section 23.06 Financial Status Reports (FSRs)...... ..,..... ......... ........ . ... ........... ........... ..., „ .......... ...._,...... 35 Section 23.07 Working Capital Advance. ........... _ ...... ..... ..o......w«., .............. ....... ._,..35 Section 23.08 Condition Precedent to Requesting Payment. ...... ... ....,:............... „.........,.... .:,:.,..:.,,,,.,.,.......36 Section 23.09 Management and Control Systems.-..,,...............................................,,,.,.........,.....................,,:,,..,,.36 Section 23.10 ElrectofGrant Close Out . ...... _.... ._._.................... ..... —........ ...... ...... .,„.,,,,,,„ ARTICLE XX1V ALLOWABLE COSTS AND AUDIT REQUIREMENTS.-....,.,.--..,—..... ... . ........ .. ,.... ,............. 36 General Provisions (September 1, 2015) 30 Soutlnu%4.01 ANmwm8leCos(s. ____ .... ...... _.—..... ........ —................. ........ ........... Section z4.02 Property Acquisitions. ___—_— -._____.__`~.---_—'. —37 Section 24.03 Cost Allocation Vmmn'............. ................................ .......... —....... ........... ....... — ....... Jw Section 24.04 Overtime Compensation. —............ ...--.^...... Section 24.05 Independent Single orProgr*mm-SpvWfic Audit. --............ .............. ....... ._—___,.._....... -su Section 74.06 Submission of Audit ..... —....... ....... --........ —... ....... ............... ........... —....... —___............ J9 ARTICLE XXV INSURANCE AND BONDS —_—__....... —....... ---_--_----__—.......... ___ .................. 39 Section25.01 lasurgn,w ................................ ............ ............... ......... ................... ----, . 39 Section 25.02 Fidelity Bond. —.---------- ....... ....... _`~_—.~.—._.—~........... ...... ... _.'.~_.-.-.............. ........... uu Section 25.03 Liability Coverage. .......................... ...~-..._.~~........ ..................... ...... ......... 40 ARTICLE XXVUTEIMImNmTXON, BAnKRUPTC»aJND CLOSEOUT ......................... _40 Section 26.01 VNpml Budget. —...... ......... __...... ....... ....................... —^....... ...~----..... .......... ,...... _.4V Section26.02 Bankruptcy ............................. ......... ___ ......... ............................. __ Section26.03 Title onProperty '....... --................................... ..................... ._-___.4| Section 26.04 Disposition ofProperty, _—___................................... —___—............ ........ ................ —'41 Section 26.05 K3esonutn[Equipment. _....... ------ ......... .............. ._........ ........... .... ~....... 4/ ARTICLE XXVII NON-EXCLUSIVE LIST OF APPLICABLE ...... _41 General Provisions (September 1, 2015) ARTICLE XX DSHS GENERAL PROVISIONS In addition to the tenors and conditions in the Department of State Health Services (DSHS or Department) FY 2016 General Provisions (General Provisions), Contractor agrees to comply with these 2016 Federal Grant Subrecipient Additional Provisions. ARTICLE XXI PROGRAM OPERATIONS Section 21.01 Client Financial Eligibility. Where applicable, Contractor shall use financial eligibility criteria, financial assessment procedures and standards developed by the Department to determine client eligibility. Section 21.02 Contracts with Subrecipient and Vendor Subcontractors. a. Contractor may enter into contracts with subrecipient subcontractors unless restricted or otherwise prohibited in the Contract or Program Attachment(s). b. Prior to entering into a subrecipient agreement equaling or exceeding $100,000, Contractor shall obtain written approval from DSHS. c. Contractor shall establish written policies and procedures for competitive procurement and monitoring of subcontracts and shall produce a subcontracting monitoring plan. d. Contractor shall monitor subrecipient subcontractors for both financial and programmatic performance and shall maintain pertinent records that must be available for inspection by DSHS. e. Contractor shall ensure that subcontractors are fully aware of the requirements placed upon them by statelfederal 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. S. Contractor is responsible to DSHS for the performance of any subcontractor. h. Contractor shall not contract with a subcontractor, at any tier, that is debarred, suspended, or excluded from or ineligible for participation in federal assistance programs or if the subcontractor would be ineligible under the Sections 12.05, 14.03 and 14.04 of the General Provisions. Section 21.03 Incorporation of Terms in Subrecipient Subcontracts. a. Contractor shall include in all its contracts with subrecipient subcontractors and solicitations for subrecipient subcontracts, without modification (except as required to make applicable to the subcontractor): 1. Assurances and Certifications in Article XII of the General Provisions; 2. Sections 14.03 and 14.04 of the General Provisions; and Subrecipient General Provisions (September 1, 2015) 31 3. A provision granting to DSHS, SAO, OIG, and the Comptroller General of the United States, and any of their representatives, the right of access to inspect the work and the premises on which any work is performed, and the right to audit the subcontractor in accordance with Article X of the General Provisions; b. Each subrecipient subcontract contract must also include a copy of these General Provisions and a copy of the Statement of Work and any other provisions in the Program Attachment(s) applicable to the subcontract. c. Contractor shall ensure that all written agreements with subrecipient subcontractors incorporate the terms of this Contract so that all terms, conditions, provisions, requirements, duties and liabilities under this Contract applicable to the services provided or activities conducted by a subcontractor are passed down to that subcontractor. d. No provision of this Contract creates privity of contract between DSHS and any subcontractor of Contractor. e. If a subcontractor is unable to certify (or status changes during contract term) to any of the statements in Sections 14.03 and 14.04, or any of the certifications stated in Article XII of the General Provisions, Contractor shall submit an explanation to the contract manager assigned to the Contract. Section 21.04 Quality Management. Contractor shall comply with quality management requirements as directed by the Department. Section 21.05 Contractor's Notification of Change to Certain Contract Provisions. The following changes may be made to this Contract without a written amendment or the Department's prior approval: a. Cumulative budget transfers that do not exceed 250-o among direct cost categories, other than the equipment category, of less than $100,000, provided that the total budget amount is unchanged (This subsection does not apply to contracts funded by funding sources that have different percentage requirements); and b. Change in Contractor's share of the budget concerning non-DSHS funding other than program income and match, regardless of the amount of the change, provided that in changing the budget, Contractor is not supplanting DSHS funds. Contractor within ten calendar days shall notify in writing the contract manager assigned to the Program Attachment of any change enumerated in this section, but the contract will not be amended. Section 21.06 Responsibilities and Restrictions Concerning Governing Body, Officers and Employees. a. Contractor and its governing body shall bear full responsibility for the integrity of the fiscal and programmatic management of the organization. This provision applies to all organizations, including Section 501(c) (3) organizations as defined in the Internal Revenue Service Code as not- for-profit organizations. b. Each member of Contractor's governing body shall be accountable for all funds and materials received from Department. The responsibility of Contractor's governing body shall also include accountability for compliance with Department Rules, policies, procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through Subrecipient General Provisions (September 1, 2015) 32 self-evaluation and Department's monitoring processes. Contractor's governing body shall ensure separation of powers, duties, and functions of governing body members and staff. c. No member of Contractor's goveming 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 =1 PROGRAM EQUIPMENT AND SUPPLIES Section 22.01 Equipment. Equipment means tangible personal property having a useful lifetime of more than one year and a per-unit acquisition cost that exceeds the lesser of the capitalization level established by the of $5,000 or more. Contractors shall inventory all equipment, and report the inventory on the Contractors Property Inventory Form. Contractor shall initiate the purchase of all equipment approved in writing by DSHS, in the first quarter of the Contract or Program Attachment term, as applicable. Failure to timely initiate the purchase of equipment may result in the loss of availability of funds for the purchase of equipment. Requests to purchase previously approved equipment after the first quarter in the Program Attachment must be submitted to the contract manager assigned to this Contract. Section 22.02 Equipment List. a. All items of equipment to be purchased with funds under this Contract must be itemized in Contractor's equipment list as finally approved by the Department in the executed Contract. The equipment list must include: I . Description of the property; 2. Serial number or other identification number, 3. Source of funding for the property (including the Federal Assistance Identification Number); 4. Who holds title, 5. Acquisition date and cost of the property; 6. Percentage of Federal participation in the project costs for the Federal award under which the property was acquired; 7. Location use and condition of the property; and 8. Any ultimate disposition data including the date of disposal and sale price of property. Any changes to the approved equipment list in the executed Contract must be approved in writing by Department prior to the purchase of equipment. b. Contractor shall submit to the contract manager assigned to this Contact, a written description including complete product specifications and need justification prior to purchasing any item of Subrecipient General Provisions (September 1, 2015) 33 unapproved equipment. If approved, Department will acknowledge its approval by means of a written amendment. Section 22.03 Supplies. a. Supplies are defined as consumable items necessary to cavy out the services under this Contract including medical supplies, drugs, janitorial supplies, office supplies, patient educational supplies, software, and any items of tangible personal property other than those defined as equipment above. b. Tangible personal property includes controlled assets, including firearms, regardless of the acquisition cost, and the following assets with an acquisition cost of $500 or more, but less than $5,000, which includes desktop and laptop computers (including notebooks, tablets and similar devices), non-portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment are also considered Supplies. c. Prior approval by DSHS of the purchase of Controlled Assets is not required, but such purchases must be reported on the Contractors Property Inventory Farm 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 151' of each year. The report is located on the DSHS website at: httpa/www.dslis.slate.lx.us/contmcts/fomis.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 cant' 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 23.44 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 Attachmcnt(s), the payment method for it will be cost reimbursement. This payment method is based on an approved budget in this Contract or its Program Attachment(s) and acceptable submission of a request for reimbursement. Section 23.06 Financial Status Reports (FSRs). Except as otherwise provided in these General Provisions or in the terms of Contracts, if a contract has a categorical budget, Contractor shall submit quarterly FSRs to Accounts Payable by the last business day of the month following the end of each quarter of the Contract term for Department review and financial assessment. Contractor shall submit the final FSR no later than 45 calendar days following the end of the Contract term Section 23.07 Working Capital Advance. If necessary, if allowed by law, and if permitted at DSHS sole discretion, Contractor's requests for an advance of funds shall be limited to the minimum amount needed for effective accomplishment of the Project under this Contract, and shall be timed as closely as possible to actual cash requirements. Contractor Subrecipient General Provisions (September 1, 2015) 35 shall establish procedures to minimize the time elapsing between the transfer of funds from DSHS to Contractor, and shall ensure that such funds are disbursed as soon as administratively possible. Section 23.08 Condition Precedent to Requesting Payment. Contractor shall disburse program income, rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting cash payments including any advance payments from Department. Section 23.09 Management and Control Systems. a. Contractor shall maintain an appropriate contract administration system to ensure that all terms, conditions, and specifications are met during the term of the contract through the completion of the closeout procedures. b. Contractor shall develop, implement, and maintain financial management and control systems that meet or exceed the requirements of UGMS. Those requirements and procedures include, at a minimum, the following: 1. Financial planning, including the development of budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; 2. Financial management systems that include accurate accounting records that are accessible and identify the source and application of funds provided under each Program Attachment of this Contract, and original source documentation substantiating that costs are specifically and solely allocable to a Contract and its Program Attachment and are traceable from the transaction to the general ledger, 3. Effective internal and budgetary controls; 4. Comparison of actual costs to budget; determination of reasonableness, allowableness, and allocability of costs; 5. Timely and appropriate audits and resolution of any findings; 6. Billing and collection policies; and 7. Mechanism capable of billing and making reasonable efforts to collect from clients and third parties. Section 23.10 Effect of Grant Close Out. Contractor must submit all requests for reimbursement prior to the date of the closure of the grant. DSHS may reject any request for reimbursement submitted after closure of the grant. ARTICLE XXIV ALLOWABLE COSTS AND AUDIT REQUIREMENTS Section 24.01 Allowable Costs. a. Except as provided by Section 23.06, DSHS will reimburse Contractor for services satisfactorily performed, and sufficiently documented for allowable costs. b. Contractor must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Contract. c. DSHS will determine whether costs submitted by Contractor are allowable and eligible for reimbursement. Subrecipient General Provisions (September 1, 2015) 36 d. if DSHS has paid funds to Contractor for unallowable or ineligible costs, DSHS will notify Contractor in writing, and Contractor shall return the funds to DSHS within 30 calendar days of the date of this written notice. e. DSHS may withhold all or part of any payments to Contractor to offset reimbursement for any unallowable or ineligible expenditures that Contractor has not refunded to DSHS, or if financial status report(s) are not submitted by the due date(s). DSHS may take repayment (recoup) from funds available under this Contract in amounts necessary to fulfill Contractor's repayment obligations. Applicable Cost principles. Audit requirements and Administrative Requirements Applicable Entity Applicable Cost Audit Requirements Administrative Principles REquircmcnts State, Local and Tribal OMB Circular A-87 DMB Circular UGMS, OMB Circular Governments (2 CFR, Part 225) A-133 and UGMS A-102, and applicable Federal awarding agency common rule Educational Institutions OMB Circular A-21 OMB Circular DMB Circular A-110 (2 (2 CFR, Part 220) A-133 CFR, Part 215) and applicable Federal awarding agency common rule; and UGMS, as a2plicable Non,Profit OMB Circular OMB Circular UGMS; OMB Circular Organizations A-122 (2 CFR, Part A-133 and UGMS A-110 (2 CFR, Part 230) 215) and applicable Federal awarding agency common rule For-profit Organization 48 CFR Part 31, OMB Circular A- UGMS and applicable other than a hospital and Contract Cost 133 and UGMS Federal awarding an organization named Principles agency common rule in OMB Circular A-122 Procedures, or (2 CFR Part, 230) as not uniform cost subject to that circular. accounting standards that comply with cost principles acceptable to the federal or state awarding agency A chart of applicable Federal awarding agency common rules is located through a weblink on the DSHS website at 11Un: www.dshs.state.tx.us.'conir-acts links.shtm OMB Circulars will be applied with the modifications prescribed by UGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. The Contract will specify appropriate grant guidance. Section 24.02 Property Acquisitions. Department funds must not be used to purchase buildings or real property. Any costs related to the initial acquisition of the buildings or real property are not allowable. Subrecipient General Provisions (September 1, 2015) 37 Section 24.03 Cost Allocation Plan. a. Contractor shall implement and follow the applicable Cost Allocation Plan. b. Contractor shall submit a Cost Allocation Plan on the format provided by DSHS to the Department's Contract Oversight and Support Section, at Mail Code 1326, P.O. Box 149347, Austin, Texas 78714-9347, or by email to: corcanu_ dshs.statc.tx-us no later than the 60"' calendar day after the effective date of the Contract, except when a Contractor has a current Cost Allocation Plan on file with the Department. If Contractor's plan is the same as the plan previously submitted to DSHS, by signing this Contract, Contractor certifies that its current Cost Allocation Plan for the current year is the same as the plan previously submitted. c. If the Cost Allocation Plan changes during the Contract term, Contractor shall submit a new Cost Allocation Plan to the Contract Oversight and Support Section within 30 calendar days after the effective date of the change. Section 24.04 Overtime Compensation. Except as provided in this section, Contractor shall be responsible for any obligations of premium overtime pay due employees. Premium overtime pay is defined as any compensation paid to an individual in addition to the employee's normal rate of pay for hours worked in excess of normal working hours. Funds provided under this Contract may be used to pay the premium portion of overtime only under the following conditions: a. With the prior written approval of DSHS; b. Temporarily, in the case of an emergency or an occasional operational bottleneck; c. When employees are performing indirect functions, such as administration, maintenance, or accounting, d. In performance of tests, laboratory procedures, or similar operations that are continuous in nature and cannot reasonably be interrupted or otherwise completed; or e. When lower overall cost to DSHS will result. Section 24.05 Independent Single or Program -Specific Audit. a. If Contractor within Contractor's fiscal year expends a total amount of at least $750,000 in federal funds awarded, Contractor shall have a single audit or program -specific audit in accordance with the 2 CFR § 200.501. The $750,000 federal threshold amount includes federal funds passed through by way of state agency awards. b. If Contractor within Contractor's fiscal year expends a total amount of at least $500,000 in state funds awarded, Contractor must have a single audit or program -specific audit in accordance with UGMS, State of Texas Single Audit Circular. c. For-profit Contractors whose expenditures meet or exceed the federal and/or state expenditure thresholds stated above shall follow the guidelines in 2 CFR § 200.501 or UGMS, as applicable, for their program -specific audits. d. The HHSC Office of Inspector General (OIG) will notify Contractor to complete the Single Audit Status Registration Form. e. If Contractor fails to complete the Single Audit Status Form within 30 calendar days after notification by OIG to do so, Contractor shall be subject to DSHS sanctions and remedies for non- compliance with this Contract. Subrecipient General Provisions (September 1, 2015) 38 f. The audit must be conducted by an independent certified public accountant and in accordance with applicable OMB Circulars, Government Auditing Standards, and UGMS, which is accessible through a wpb link on the DSHS website at hup: www.dshs.state.Ix.us'contracts Iinks.shlm. g. Contractor shall procure audit services in compliance with this section, state procurement procedures, as well as with the provisions of UGMS. Contractor, unless Contractor is a state governmental entity, shall competitively re -procure independent single audit services at least every six years. Section 24.06 Submission of Audit. Within thirty (30) calendar days of receipt of the audit reports required by the Independent Single or Program- Specific Audit section, Contractor shall submit one copy to the Department's Contract Oversight and Support Section, and one copy to the OIG, at the following addresses: Department of State Health Services Contract Oversight and Support, Mail Code 1326 P.O. Box 149347 Austin, Texas 787149347 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: COSContractAdministralionna?dshs.stalc.m.us Electronic submission to HHSC should be addressed as follows: Oueenali.Teamall a,llhsc.state.tx.us If Contractor fails to submit the audit report as required by the Independent Single or Program -Specific Audit section within thirty (30) calendar days of receipt by Contractor of an audit report, Contractor shall be subject to DSHS sanctions and remedies for non-compliance with this Contract. ARTICLE XXV INSURANCE AND BONDS Section 25.01 Insurance. In addition to the Insurance provision in Section 14.22 of the General Provisions, Contractor shall maintain insurance or other means of repairing or replacing assets purchased with Department funds. Contractor shall repair or replace with comparable equipment any such equipment not covered by insurance that is lost, stolen, damaged or destroyed. If any insured equipment purchased with DSHS funds is lost, stolen, damaged or destroyed, Contractor shall notify the contract manager assigned to this Contract within 5 business days of learning of the loss, to obtain instructions whether to submit and pursue an insurance claim Contractor shall use any insurance proceeds to repair the equipment or replace the equipment with comparable equipment or remit the insurance proceeds to DSHS. Subrecipient General Provisions (September 1, 2015) 39 Section 25.02 Fidelity Bond. a. For the benefit of DSHS, Contractor is required to carry a fidelity bond or insurance coverage equal to the amount of funding provided under this Contract up to $100,000 that covers each employee of Contractor handling funds under this Contract, including person(s) authorizing payment of such funds. b. The fidelity bond or insurance must provide for indemnification of losses occasioned by any fraudulent or dishonest act or acts committed by any of Contractor's employees, either individually or in concert with others, and/or failure of Contractor or any of its employees to perform faithfully his/her duties or to account properly for all monies and property received by virtue of his/her position or employment. The bond or insurance acquired under this section must include coverage for third party property. c. Contractor shall notify, and obtain prior approval from, the DSHS Contract Oversight and Support Section before settling a claim on the fidelity bond or insurance. Section 25.03 Liability Coverage. For the benefit of DSHS, Contractor shall at all times maintain liability insurance coverage, referred to in Teat. 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, Contraclor shall sever Department property, equipment, and supplies in possession of Contractor from the bankruptcy, and title must revert to Department. If directed by DSHS, Contractor shall return all such property, equipment and supplies to DSHS. Contractor shall ensure that its subcontracts, if any, contain a specific provision requiring that in the event the subcontractor's bankruptcy, the subcontractor must sever Department property, equipment, and supplies in possession of the subcontractor from the bankruptcy, and title must revert to Department, who may require that the property, equipment and supplies be returned to DSHS. Subrecipient General Provisions (September 1, 2015) 40 Section 26.03 Title to Property. At the expiration or termination of this Contact for any reason, title to any remaining equipment and supplies purchased with funds under this Contract reverts to Department. Title may be transferred to any other party designated by Department. The Department may, at its option and to the extent allowed by law, transfer the reversionary interest to such property to Contractor. Section 26.04 Disposition of Property. a. Contractor shall follow the procedures in the American Hospital Association's (AHA) "Estimated Useful Lives of Depreciable Hospital Assets" in disposing, at any time during or after the Contract term, of equipment purchased with the Department funds, except when federal or state statutory requirements supersede or when the equipment requires licensure or registration by the state, or when the acquisition price of the equipment is equal to or greater than $5,000. b. All other equipment not listed in the AHA reference (other than equipment that requires licensure or registration or that has an acquisition cost equal to or greater than $5,000) will be controlled by the requirements of UGMS. c. If, prior to the end of the useful life, any item of equipment is no longer needed to perform services under this Contract, or becomes inoperable, or if the equipment requires licensure or registration or had an acquisition price equal to or greater than $5,000, Contractor shall request disposition approval and instructions in writing from the contract manager assigned to this Contract. d. After an item reaches the end of its useful life, Contractor shall ensure that disposition of any equipment is in accordance with Generally Accepted Accounting Principles, and any applicable federal guidance. Section 26.05 Closeout of Equipment. At the end of the term of a Contract that has no additional renewals or that will not be renewed (Closeout), or when a Contract is otherwise terminated, Contractor shall submit to the contract manager assigned to this, an inventory of equipment purchased with Department funds and request disposition instructions for such equipment. All equipment purchased with Department funds must be secured by Contractor at the time of Closeout, or termination of this Contract, and must be disposed of according to the Department's disposition instructions, which may include return of the equipment to DSHS or transfer of possession to another DSHS contractor, at Contractor's expense. ARTICLE XXVII NON-EXCLUSIVE LIST OF APPLICABLE LAWS Where applicable, federal statutes and regulations, including federal grant requirements applicable to funding sources, will apply to this Contract. Contractor agrees to comply with applicable laws, executive orders, regulations and policies, as well as Office of Management and Budget (OMS) Circulars (as codified in Title 2 of the Code of Federal Regulations), the Uniform Grant and Contract Management Act of 1981 (UGMA), Tex. Gov. Code Chapter 783, and Uniform Grant Management Standards (UGMS), as revised by federal circulars and incorporated in UGMS by the Comptroller of Public Accounts, Texas Procurement and Support Services Division. UGMA and UGMS can be located through web links on the DSHS website at http: www.dshs.state.tx.us,'contracts,'links.shtm Subrecipient General Provisions (September 1, 2015) 41 Contractor also shall comply with all applicable federal and state assurances contained in the Uniform Grant Management Standards. If applicable, Contractor shall comply with the Federal awarding agency's Common Rule, and the U.S. Health and Human Services Grants Policy Statement, both of which may be located through web links on the DSHS website at lam'. www.dshs.state.tx.us contracts links.shtm For contracts funded by block grants, Contractor shall comply with Tex. Gov. Code Chapter 2105. Subrecipient General Provisions (September I, 2015) 42 E: � caca ►-a► a � Y 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 Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 Engineering Construction Contract Corpus Christi International Airport (CCIA) East General Aviation (GA) Reconstruction CAPTION: 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. 2015-2016 Expenditures Current Year Corpus Christi, Texas $4,465,205.90 $520,997.80 $4,986,203.70 SpawGlass Construction Airport CIP Budget 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: 1-1 ODeratina 1-1 Revenue IRI Capital 1-1 Not aaDlicable Fiscal Year Project to Date 2015-2016 Expenditures Current Year Future Years TOTALS CIP only) 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 / $112,000.00 $112,000.00 Expended Amount 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 Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn 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 Rudy Garza Michael Hunter Chad Magill Colleen McIntyre PASSED AND APPROVED on this the ATTEST: Rebecca Huerta City Secretary Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn day of Nelda Martinez Mayor 2016. PROJECT BUDGET Reconstruct East General Aviation (GA) Apron Areas 3 - 6 Project No. E15234 FUNDS AVAILABLE: Airport CIP FAA Grant TOTAL................................................................................................................... $ 1,800,514.62 $ 2,300,000.00 $ 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 Testinq: 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............................................................................... $ - I loss 0'5 T ej s, a a x A47 Texas r• 665 7fi3 t 0 28 357 Tierra Grande 66-5 A3 • w1le Fil 3 55 53 519 47 785 A3 4 . s7 VICINITY MAP ® NOT TO SCALE sstaples st Project Number: El 5234 Corpus Christi International Airport CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS East GA Apron Reconstruction DEPARTMENT OF ENGINEERING SERVICES Corpus Chlri:_: PROJECT LOCATION Violet 5404 fil F5 -- Carpus C. risli C. International Airport 0 Fm—] 2 15 2292 665 7fi3 t 0 28 357 Tierra Grande 66-5 A3 • w1le Fil 3 55 53 519 47 785 A3 4 . s7 VICINITY MAP ® NOT TO SCALE sstaples st Project Number: El 5234 Corpus Christi International Airport CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS East GA Apron Reconstruction DEPARTMENT OF ENGINEERING SERVICES CC!A CORPUS CHRISTI INTERNATIONAL AIRPORT Corpus Chr sti Engineering Corpus Christi International Airport East General Aviation (GA) Reconstruction Council Presentation September 13, 2016 Project Location Corpus Chr sti Engineering l- 1 Violet al ST 0 IssAI PROJECT LOCATION GorpUs GhriStli Internalional Airport Ix nx1 ant TE31 Texas Stale Aquarium w. Corpus Chrisii 2 Project Scope Corpus Chr sti Engineering • Removal of existing asphalt pavement • Replace with reinforced concrete, aircraft tie - downs • Striping and marking Project Schedule Corpus Chr sti Engineering 2016 2017 Ja n Fe b 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 r.e 11 Months 4h) 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 attorneys 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 § 18.2 1, each payment request for reimbursement under this grant must be made electronically via the Delphi eInvoicing 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 prol4ress. 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: 0 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. W Manager, Texas rports District Office Q U.S. Department of Transportation Federal Aviation Administration GRANTAGREEMENT PART I — OFFER Date of Offer August 23, 2016 Airport/Planning Area Corpus Christi International Airport, Texas AIP Grant Number 3-48-0051-053-2016 DUNS Number TO: The City of Corpus Christi, Texas (herein called the "Sponsor") 782001259 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 I 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: 1 1 Page 3-48-0051-053-2016 CONDITIONS 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. 21 Page 3-48-0051 -053-201 6 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 mane 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 Proiects. 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. 31 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 41page 3-48-0051-053-2016 106(8) 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. 51 Page 3-48-0051-053-2016 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 FEDERAAVIATIO ADMINISTRATION (Sign lure) Ben Guttery (Typed Nome) Manager, Texas Airports District Office (Title) 61 Page 3-48-0051 -053-201 6 PART 11 -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 (Name of Sponsor) (Signature of Sponsor's Designated Official Representative) By: (Typed Name of Sponsor's Designated Official Representative) Title: (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. 71 Page 3-48-0051 -053-201 6 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of2 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: I 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 tot 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 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 Forms provided by Texas Ethics Commission www.ethics.stateAx.us version vi.u.z r CERTIFICATE OF INTERESTED PARTIES FORM 1295 2of2 Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-103739 SpawGlass Civil Construction, Inc. Houston, TX United States Date Filed: 08/2412016 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 Rate Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify description of the services, goods, or other property to be provided under the contract. the contract, and provide a Project No. E15234 CLIA East General Aviation (GA)Reconstruction 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the •► ROBIN Y FALKE above disclosure is true and correct. Notary Public, State of Texas Commission Expires / JUNE 7, 2018 l Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said O v�E',,L CIO N�4�4; � , this the aW' day of 20_1V to certify which, witness my hand and seal of office. Signature of offic Iadministering oath Printed name of officer dministering oath Title of officer admi istering oath Forms provided by Texas Ethics Commission www.ethics.stateAx.us version vi.u.z r 49 11 I� �t sacs 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 — TAMU-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 outfitting 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 ft 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 park, 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 TAMLI-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 TAMLI- 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. TAIVIU-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 TAIVIU-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 M Dr. R. Bryan Gulley President Date: Attest: By: 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 Dr. Flavius Killebrew President THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me onL11 114 2016 by Dr. Flavius P-hS-- 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. Wren PEGGY GAFFNEY My COMMISSION EXPIRES J 2t 2D19 �" Wm., •tme 9 Type A Business Incentive Agreement Jobs Training TAIVIU-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 C1, 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 Margie C. Rose City Manager Date: Attest: Rebecca Huerta City Secretary APPROVED AS TO FORM: Assistant City Attorney for City Attorney Date: @BCL@FC0527DB Corpus Christi Business & Job Development Corporation Dr. R. Bryan Gulley President Date: Page 3 of 3 SC o� Va. v AGENDA MEMORANDUM NcoRPOPp�EO Future Item for the City Council Meeting of September 13, 2016 1852 Action Item 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 Transferring utility easements on City -owned tracts to 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 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 5.320 acres or 231,739.2 sq. ft. sq. ft. Estimated Market Value of Whole $54,000 $313,000 Property land only) Estimated Market Value of Rights Approximately 3,920 sq. Approximately 22,695 sq. Acquired in the Unencumbered ft. X 95% X $5.00/sq. ft ft.) X 95% X $1.35 sq. ft. Permanent Easement Rounded to $18,700 Rounded to $29.100 Estimated Market Value of Rights McDonald Street Existing Streets Acquired Within the Right -of -Way 0.035 acres 0.034 acres $100 $100 Total Estimated Damage to $9,300 $13,200 Remainder Total Compensation Due $28,100 $42,400 Landowner i.e. Cit 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 several miles of transmission lines are 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: CONFORMITY TO CITY POLICY: The resolution 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 OX Not applicable Fiscal Years: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Year FYs 16-17 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 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. Resolution 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 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 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 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 by the following vote: 1CaC'.F1►TFliili=_ Rudy Garza Michael Hunter Chad Magill Colleen McIntyre PASSED AND APPROVED, this the ATTEST: Rebecca Huerta City Secretary Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn day of , Nelda Martinez 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, cu, mm, 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. I 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. F, Street Atlas USAe 21006 ` - � lafissinn r - xj Location Map Bim, Saint Paul y Bayside — •��„ I Y � ' Aransas Cu 4J I Fulton RSinton/. TE 4 'l RocOcrt Taft Edroy rII - - ` Estes C7dem •-� t { r/ 4 � � 4 7TGr erg 7 p I1 C-mFt=1\ Aradsas Passt f Hunt 4 'Aransas Pass R i x *PoO dand— � Ingleside 1 �'�lfiol� Bao ti -} � Port Aransas ` nuatang Beach '- Corpus Christi Couvtty San n Corpus Christi � �"C'orprrs C Bav, � ardendale Corpus Christi Naval Air Station nscoll �� �., Subject Padre is `e Bishop Muni Chapman Ranch Cm'o Grulln l Mazur. Cm1n Hinaso ALUan Bain L„�; una Lmga Padre Islarod Data use subject to license" mi @ 2005 Del-orme" Street Atlas USAO2006" 0 2 4 6 8 10 www.delorme"com PIPJ (3.9- E) Data Zoom 9-0 Extraordinary Assu=tions 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 A'Doraisal 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 alter, amend, revise or rescind any of the value opinions based on any subsequent environmental impact studies, research or investigation. The subject property has been appraised as though free of contamination. 4 Assumptions and Limitina 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. R 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 ProDert 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 744.821 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. 1.1 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 25.1 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 StreetAtlas USA@ 2006 Data use subject to license- ft 0 2D05 DeLorme- Street Atlas USA@ 2DD6- 0 180 360 540 720 900 www-delorme-com MN (3-8- E) Data Zoom 15-0 A -k-Holly Rd AQ :S l�- � r • . r fS+fQf% fi . 4/2 spa Q' -- d ✓ ► .. {4 a st w Hiahest 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 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 use as a light -industrial facility. 10 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: 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 1: 10.293 acres of land out of Lots 13 and 14, Section 55, Flour Bluff and Encinal Farm and Garden Tracts; and, Tract 11: 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 927.291 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 Size: 0.92 acres 39,900 sq. feet Grantor: John M. Vann Grantee: Richard R. Lane Date: May 19, 2014 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: 2101 frontage on Flour Bluff Drive X 1901 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. uonmients: 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: 367.901 frontage on Flour Bluff Drive and 744.821 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: ItILII Light -Industrial District. The building "set back" requirement is 25.1 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 D 63 in z > N N N D W b t7 s sc � N 75 EL cc t�t1 N v �c O C O E° ffiE _ m c a o o $ moIr U� m U s E C9 E+ o G a O U LL a S o � w z z° 3 j7Q{� 0 0 9 G w IIan� pp lV N G! LL w 9 yN 9 9 01 pp V o C rgpn � �' rz w y 7 Q Q 4d Q G ger C 'Li 11 J 0 E C r) V _O IL Z z O 0 rL iy a US vt cQ ClLV u � m W N �Q W3 N n C3 66 ffi u N W � LL M y WN � U U u 6 RX 0 LL U N N V 15 Uso Bm Su Comparable Sales Map El - 2.59 sQ,DREiSiAND DR Street Atlas USA® 2006 Sale 1 a- B£'S ail r7aIQ. .] TO Q 7FIUR�kr, Q $Ir° `Cg o¢ GT a 4.4 tS' 1 R, 3 Data use subject to license. ft 0 2005 DeLorme_ Street Atlas kJSAQ 2006 0 600 1200 1800 2400 3000 www.delorme_com MN (3 8° E) 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 $1.31/square foot Sale No. 2 $1.35/square foot Sale No. 3 $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. IX -1 ANALYSIS OF THE PROPOSED EASEMENT A -1 C[3 mu r~ ENGINEERS - SURVEYORS ELECTRIC TRANSMISSION N ITXAcS CITY OF CORPUS CHRISTI NUECE5 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 Daman de Ynojosa Survey, Abstract 411, Nueces County, Texas, same being a portion Lot S, Section 40 of the Flour Bluff` and Encinal Farm and Garden Tracts as desoribed and retarded in volume A, pages 41-43. Map Records of Nueces County, Texas, same bel ctg a portion of a 5.3241 acre tract of land as described and recorded in docuirent 2015026689, 01FIcial Public Records of hlucces County, Texas, same also being described by a drawing. (Tract 34A City of Carpus Christi.dwg dated Vebruaty 26, 2016) attached to and made part hereof and more particularly described as follows: BEGINNING at a 518" iron rod fouitd at the intersecOon of the proposed northwest right -of --way line of Flour Bluff Drive (80 feet wide right-of-way) and the centerline of Division Road (54 feet wide righ(-4f-way), in the so ithwest lino of the aforementioned Lot 5, Section 40, the northeast Line cnf Lnt 6, Section 40 cnf the aforemertioned FloiAr Bluff and Encinal Farm and Carden Tracts and the southwest line of the al'orememicned 5.320 acre tract; THENCE leaving the proposed northwest right-of-way line of the aforetnentionLd HOUt Bluff ]give, along the centerline of the aforu nentioncd Divisican Read, the Southwest lime of tbv aforeincntioned Lot 5, Section 40, the northeast line of Lot 6, Section 40 and the southwest line or the aforementioned 5.320 acre tract, N6 1'27'55"W a distance of 61,81 feet (Record — N6 1'27'50"W) to a paint for the west corner of the herein described 0,861 rif an acre tract; THENCE leaving the centerline of the aforementioned Division Road, the southwest line of the aforementioned Lot 5, Seetiurn 40, the northeast line of the aforementioned Lot 6, Section 40 and div wukhwest line of the aforementioned 5.320 acre tract, 1127849'51"E, passing a 112" iron rod set with plastic cap stamped "Cl]SWLJERY 4,A. TV' in the northeast right-of-way line of said Divisions Road at a distance of 25.00 feet, from which a 112" iron cod set with plastic cap stamped "CDSfNRMRY S.A. TX." in the suath curvilinear line of a 4.1.19 acre tract of land described as "Tract 1r' and retarded in document 20030158888, Official Public Records of Nucces County, 'f e:xas, bears N61°27'55"W a distance of 744.82. Feet, a vital distance of 389.12 feet to a 112" iron rod set witli plastic crap stamped "CDS/MUERY S.A. TQC,°' in a northeast line of said 5.32!1 acre tract for the north unmer of the herein destrihc:d 01.8611 of an acre tract, frnrn which a 518'5 iron rod found with plastic cap s€arnped "City of C.C. TX" in the south curvilinear line of said 4.119 acre tract for tate north corner of said 5.320 acre tract bears N43'48'04"W a distance of 200.42 feet (Record — N43°47'43"W); THENCE along a northeast line of the afurementioned 5.320 .acre tract, 54348'414"E, a distance of 69.87 feet (accord — S43"47'43"F,) to a 5!8" iron rod fecund with plastic call starnpcd `{City of C.C. TQC" in the proposcd iiortl west right-of-way line of the afcremeatiened Flour DIX Dtive for an interior angle corner of the herein described 0.861 of an acre tract;, THENCE 1cavinc the proposed imilliwest tight -of -way IMe of the aforementioned Flour Bluff Drive, along;a northeast line nF the afommentioncd 5,320 anorc tract, 561°25'3+9"F a distance of 33.69 Feet (Record — 561°27'501) to a point for the east corner orthe herein described 0.861 of an acre tact; Pale l of 4 TracL 34A City of Corpus Christi.docx l' ebruary 26, 2016 3411 Magic Drive ■ San Antonio, Texas 78229 • Phone: (310) 581-11 1 1 • Fax: (710) 581-5555 • TBP€ No. F-1733 + TEPL5 No. 100495-00 17 ELECTRIC TRANSMISSION TEXAS CITY OF CORPUS CHRISTI NUECF.S COUNTY, TEXAS 0.861 OF AN ACRE TRANSMISSION LINE EASEMENT TI3ENCE S271149'51 "W a distance of 367.90 feet to a point in the projected centerline of the aforementioned Division Road, tate southwest line al: the aforementioned Lot 5, Section 44, the northeast line of the aforementioned Lot 6, Section 410 and the southwest line of the aforen)entioned 5.320 acre tract frac° [lie south corner of the herein described Ili 861 of an acre tract; TI1ENCE along the projected cewerline cif the aforementioned Division Road, the southwest lin! of the aforementioned Lot 5, Section 40, tate northeast line of the aforernentiorned Lot 6, Section 40 and the southwest line of the aforementioned 5.320 acre tract, N6 1'27"55"W a distance of 38.20 feet (R000rd --1161°27'50'}W) to the PLACE OF BEGINNING and containing 0.861 of an acre sof land, of which 0.304 of an acre lies within the proposed right -of way limits of the aforementioned F1oar Bluff Drive and which 0.036 of an acre lies within the right-nf-way limits of said Division Road_ The bearing basis for this survey is Grid Nur-th, Texas State Plane Goordinatc System, NAD 1983 (2Q 11), South Zone. THE STATE OF TEXAS KNOWN TO ALL MEN BY THESE PRESENTS: COUNTY OF BEXAR I, C. Gordon Clary, a Registered Professional Land Surveyor, do liereby certify that the above field notes were prepared using information obtained by an on the ground survey made under arty+ direction and supervision in June 2015 thru February 2016. Datc day C)F 2016 A.D. Page 2 of Tisa 344 City of Corpus Christi-doex Vcbrualy 26, 2016 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: (210) 581.5555 ■ TBP€ No. F-1733 ■ TBPLS Into. 100495-40 18 LIME L1 BEARING N61`27'55"W DISTANCE 61.81 r (PESCORD-NB. 2750-W) L2 N61'27J55"W 744.62' L3 N43'48'04"W .200.42` (REG0R0—jV4j'4T"4,3 YY) L4 .543'48'04"E 613,87' L5 S61'25'39"E 33.69' (ECORD-96! -2750 T) LE N61'27'55"W 38.20` (RECOlF�J�rJEi .' ?7 SO' Mj +4, a zk &.1 Dar- SECTION a" .SECTION 40 FLOUR BLUFF AND ENCINAL FARM ,AND CARDEN TRACTS VOL. A, PG. 41-4J . H. N. C. AYSTRACT 411 S.320 ACRES DDC. 2015026589 O.P.R.N.C. �4r ? ���� ROD FOUNO POB Mt: 17,130.47.65 E: 1.374,527,4 f Vii. a LEGEND Q— 1/2- IM14 ROD SET WITH PLASTIC CAP STAMPED "CCSfM°II.IERY S.A. TK." FOUND IAONLIMFNTATION {}— UNNONUMFNTED POINT POD - PLACE OF 6EGINNING R - PROPERTY LIWS R.D.W. - RQT-DF-WAY C.P.Rxc' — OFFICIAL NJI11-1C RECOgDS Or NUI I COUNTY M, XU. - MAP RECORDS O7° NLlLGLS COU14TY (PCCCWP) - RECC+RD CALL TAKEN FROM DOCUTAENT 2015026669, 6.P.R.N.C. Pg. 3 of 4 LEGAL RESC. TRACT 34A CITY OF CORPUS CHR1571.344k CDS JOS NO. 115090.01 BfA1`<!W EJASIIS: GRID NORTH CGII)RIDINATE SYSTEMA: TEXAS STATE PLANE. NADI R03 (2011), SOU11-I ZONE ALL DISTANCES SHOWN ARE SURFACE. (GRID x 1,00014 SILINFACE) THIS E%HIRT REPRESENTS A BOUNDARY SURVEY G ONLY. NO MSIB-E EASEMENTS TDR EASEMENT'S OF RECORD ARE DEPICTED HEREON. REMAINPNG L PORTION or } � 7.400 ACRES DOC. 2008001359 O.P.R_N.C, ,Y •. 4 100- 5/8" IRCIN1 ROO FOUNT] WITH PLASTIC CAP STAMPED "CRY OF CX. Tx" r7 -� " UT C. GORDON CLARK.. f...3999...:.., LIZ! - I--', FS' cq -. 20o, 100' 0 200' CDSmuery ENGINEERS SURVEYORS A. ..c CAM <1 I— oris...i:rW,rA l -1^a. mrsx DRAWN 13Y, J. KENNEDY SECTION 49 FLOUR BLUFF AND ENCINAL FARM AND VOL- ff�}J)rfw,y GARDENTRACTS M. R. N. C. 0.861 OF AN ACRE TRANSMISSION! LIME EASEMENT ELECTRIC TRANSMISSION TEXAS RAMON DE YNOJOSA SURVEY, ABSTRACT 411 NUECES COUNTY, TEXAS DATE: FEBRUARY 26, 2016 DRAWING NAME: TRACT 34A, CITY OF CORPIJS CHRISTI.dwg 19 ETT* 5" Electric Tramsmis-gh— Texas r -00 0.861 OF AN ACRE TRANSMISSION! LIME EASEMENT ELECTRIC TRANSMISSION TEXAS RAMON DE YNOJOSA SURVEY, ABSTRACT 411 NUECES COUNTY, TEXAS DATE: FEBRUARY 26, 2016 DRAWING NAME: TRACT 34A, CITY OF CORPIJS CHRISTI.dwg 19 ETT* 5" Electric Tramsmis-gh— Texas Y QE CORPUSA MY W Z w x 1x.1 2&' 3fi3fi' I 71' j GROSS—SECTION NOT TO 5C&E Pg. 4 of 4 NOTE! ALL DISTANCES SHOWN HEREON ARE EASED ON UDAR FIGHT BATA_ 100' 50" 0 100, R"ON DE Y.rV'�0'TOS.d SURVEY, EY, ABS PACT 411 DRAWN BY: 10 .- D uer ! IR1. 1110 {AC FEBRUARY 26, 201 ETT* shy DRAWING NN,IE: E: — ENGINEERS SURVEYORS a.w ni'BRACT 34A_Obstructicn.dwg Lierfric Transrnlss�on Texas r.....n rre�w•.in%m uw�.in .���•.Aiee'a1.s91. 20 I pq 1 P� Z tic,, f J F4 5454 81ii8fb9F9R 04 I t 2&' 3fi3fi' I 71' j GROSS—SECTION NOT TO 5C&E Pg. 4 of 4 NOTE! ALL DISTANCES SHOWN HEREON ARE EASED ON UDAR FIGHT BATA_ 100' 50" 0 100, R"ON DE Y.rV'�0'TOS.d SURVEY, EY, ABS PACT 411 DRAWN BY: 10 .- D uer ! IR1. 1110 {AC FEBRUARY 26, 201 ETT* shy DRAWING NN,IE: E: — ENGINEERS SURVEYORS a.w ni'BRACT 34A_Obstructicn.dwg Lierfric Transrnlss�on Texas r.....n rre�w•.in%m uw�.in .���•.Aiee'a1.s91. 20 4 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 (11PUCT11) 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) M 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 11IL, Light -Industrial District zoning is 25.' The average width of the easement proposed by ETT is about 621, 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 0W 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(8) 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) III. Estimated Market Value of Rights Acquired within Existing Street Rights -of -Way: (0.340 acres) = IV. ly Total Estimated Damages to Remainder: Total Compensation Due Landowner: ✓� $ 29,100 $ 100 $ 13,200 $ 42,400 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 = $262,216 Less: Damages to Remainder -$ 13,200 $249,016 Compensation Due The Owner: $ 42,400 Res tfully submitted, Tho as orsey, CRE, I, SRA State Certified Gen1, 6eral Real Estate Appraiser 25 Ja F. Dorsey, J 10 State Certified General Real Estate Appraiser 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 Date: March 8, 2016 25 J4 � V_ -e-04 Thomas F. Dorsey Jr. Date: March 8, 2016 Subject — Photos Tract No. 34a City of Corpus Christi 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, cu, mm, sm 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 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 Improvements Acreage Assessment 0.2466 acres $ 32,229 History and Ownership of the Appraised ProiDert 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. F, Street Atlas USAO 2006 Location Map 1 ortland Ingleside :4 re�cas v Bay G`3 rf Viola, " -,�,: Corpus Christi �; �7orpuChristi -. In �Cud�lihy Feld F� p, G endale { Catianiss F NOLF OsL, Creek r' �ean Ranch E'.'OYj777/5 C�ii'!'S{'l Bili' Corpus Christi Naval Air Station sv Subject rp hristtNASliruaxField Ow Bm r I �o l Padre tsfand Data use subject to license" mi @ 2GOS Del-orme" Street Atlas USAO2006" 0 1 2 3 4 5 www.delorme"cam MN (3.8- E) Data Zoom 10-2 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, 201-6. 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 ff-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 alter, amend, revise or rescind any of the value opinions based on any subsequent environmental impact studies, research or investigation. The subject property has been appraised as though free of contamination. 4 Assumptions and Limitina 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. 11 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. W Description of the Sublect 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.) Util it ies\ 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-2,11 Accident Potential Zone. (Please refer to the discussions of 11AICUZ11 on the following pages.) 0 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. 7 [6 1 0 !91 � I Of _1j 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.11 "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." PIE SHORT-TERM OBJECTIVES: 11 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." 11 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: 11 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-1.11 11 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." 11 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-21, 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 8d,z) 11� Rocxp= Tom_ * �\,a RIBBON I.t ST Floyd's Christian ,A—i— Ambuianm Restaurartt U / Subject Property Data use subject to license - 0 2DO5 DeLorrne- Street Atlas LJSAO 2GO6- www-delorme-com MIN (3-8- E) StreetAtlas USA@ 2006 ft 0 180 360 540 720 900 Data Zoom 15-D 316 1358" A �1 4m 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-211 It is our opinion that the limitations placed on the site by its "APZ-211 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. IM Sales Comparison AnDroach 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). Approx. 2141 frontage. Total Consideration: Land Only: $75,000.00 Unit Sales Price: Land Only: $5.00/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, square-shaped tract of vacant land. Structural Improvements: None. Comments: 14 COMPARABLE LAND SALE #2 Count Nueces Size: 0.21 acres 9,100 S.f. Date: March 13, 2015 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 Date: Oct. 6, 2014 Records: Doc.# 2014038868 Grantors: Ruben D. Gonzalez (19,710 sf, per MLS). Grantee: Welker Enterprises 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 781 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 Chried Tract No. 53 Cash Equiv. V12/2016 0.2466 Acres (10,742 BO 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'CG-1' General Commercial All Utilities Nearby 1) Corpus Christi Bayside to Hybrid, Inc. S5.O0/s1 Cash 5/2015 0.340 Acres (15,000 el) Fronts East Side NAS Drive near NAS Corpus Christi Fronts N.A.S. Drive Square Shape Lies in APZ Zoned 'CG -1' General Commercial All Utilities Nearby 55.50/61 = = S5.00/st — +10 = _ / _ _ 1 2) Vernon J. Seale to Erik Simmons $4.51/x1 Cash 3/2015 0.21 Acres (9,100 sf) Fronts West Slde NAS Drive between Webb and Clarkie Fronts N.A.S. Drive Irregular Shape Liee In APZ Zoned 'CG -1' General Commercial All Utilities Nearby $4.98/x1 54.51/61 — +10 = _1_ _1_ 3) Ruben D. Gonzalez to Welker Enterprises 53.61/sf Cash 10/2014 0.45 Acres (19,710 sl) Fronts East Side NAS Drive near NAS Corpus Christi Fronts N.A.S. Drive Rectangular Shape Lies in APZ Zoned'CG-1' General Commercial Alt Utilities Nearby 54.38/st _ $3.81161 +5 +10 = _ / _ _ / _ CD w 7 w m H r dS IP I Rd H ROA OtD ROAD H }, fIRELN; j ROA N 15 L f :`) Y sl CL %y'� r sayw�a If 1 47 U)Ary.�se a W f M . cu 1104 -e CL 42 qr t tJ 10,171 I I RFlVEN ST r I � s D 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 $5.50/square foot Sale No. 2 $4.96/square foot Sale No. 3 $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. W ANALYSIS OF THE PROPOSED EASEMENT I CDS r u ry ENGINEERS + SURVEYORS >=LECTRiC TRANSMISSION TEXAS CITY OF CORPUS CHRISTI NUECES COUNTY, TEXAS 0,125 OF AN ACRE TRANSMISSION LINE EASEMENT 1EXIIEBIT "A" BEING a 0.125 of an acre tract of land lying in the Ramon de Yncima Survey, Abstract 41 C, Nueces County, Texas, same, being a portion of Lat 32, Section 47 of the Flour Fluff and Encinal Farm and Garden 'T'raeta as described and recorded in volume A, pages 41-43, Map Records ofNucces County, 'Texas, salute heing a portion of Lot 25, 11 lock 12 of the Hour Sluff Park Subdivision as described and recorded in volume 7, pages 52-53, Map Records ofNucces County, Texas, sante also being a portion of a tract of land described as the West 65 feet of Lots 23, 24, 25, Block 12 and recorded in volume 13743, page 60, Deed Recotds of Ntteces County, Texas, same also beim described by a drawing (Tract 53 City of Corpus Christi.dwg dated Februarys 26, 2016) attached to and made part hereof and more particularly described as follows: BEGINNING at a 1l2" iron and set with plastic cap stain ped "CDS/1v UIJ R S.A. TX." at the intersection of the 110rtheast e-itllt-of--way+ line of State I liopway 358 (var}ling width might -of -way) and the southeast right-of-way lime of McDonald Street (50 feet wide right-of-way) for the west earner of the aforementioned Lot 25, Block 12; THENCE leaving tine southeast ril;ht-of-way line of the aforementioned McDonald Sta t, along an extension of the northeast right-of-way line of the aforementioned State Highway 358, N61'33'19"W a distance of 25.00 feet to a point in thecenterline of saI6 McDonald Street for the west corner of the herein described 0.125 of an acre tract; THENCE along the centerline of the af6rementioned McDonald Street, N28a34'01" E a distance of 61.29 feet to a paint for the north coriler of the herein described 0.125 of an acre tmet; THENCE leaving the centerline of the aforementioned McDonald Street, 960729'00"G, passing a 112" iron rod set with plastic cap stamped "VCI'i5IMt1ERY S.A. TX." in the southeast right-of-way line of said McDonald Street and the northwest tine of (lie aforementioned Lett 25, Bieck 12 at a distance of 25.00 feet, a total distance of 79.84 feet to a 112" iron rod set with plastic cap stamped "CUSII'v UERY S.A. TX." for an angle point of the herein described 0.12.5 of an acre tract and 562°1 1'37"E a distance of 10.91 fbetto a 112" iron rod sct with the plastic cap stamped -C C?SfMIJEI Y S. A, TX" in the soettheast line ofthe aforementioned "'West 65 feet ofJ.,ot 25" and a northwest line of Lot 51, BI auk 12 of the Fla ur Bluff' Park Subdivision as described and recorded in volume 45, page 218, Map Records of Nveces County, Texas, for the east ccrocr of the licrein doscribcd 0.125 of'aa acre tract, - THENCE along the southeast line of tl c afurementiuned " est 65 Acct of Lot 25" and a narthwest line of the aforementioned Lot 51, Block 12, S28°36'01 "W a distance of 59.94 feet (Record — 521°05'20"W per volume 45, page 218) to a 112" iron rod set with plastic cap stamped "CDS/MUERY S.A. TX." in the northeast right-of-way lime of the aforementioned State Highway 358 fear thu south corner of said "Test 65 feet of Lot 25" and a west cornet of said Lot 51, Bloch 12 and the south corner of the herein described D.125 of an acre tract; Page l of Tract 53 City of Cnipus Christi.doex February 26, 2016 3C 1 Magic Drive • San Antonia. Texas 78229 , Phone: (21G) 581-1 1 1 1 • Fax: (214) 581-5555 • TBPE No, F-1733 ■ TBPLS No, 100495.00 19 ELECTRIC TRA1 SMISSION 'PEXAS CITY OP CORPUS CHRIST[ NUECES COUNTY, TEXAS 0,125 OF AN ACHE TRANSMISSION LINE EASEMENT THENCE along the northeast right-of-way line of the afarelrr tinned State Hiorway 359 and the southwest line of the aforementioned Lot 25, Block 12, N61 °33' l V a. distance of 64.74 Beet to the PLACE OF BEGINNING and containing 0.125 of an acre of land, of which 0.035 of an actt lies within the right-of-way limits of the aforementioned MoDonald Street. The bearing 'basis for this survey is Grid forth, Texas State Plane Coordinate System, NAD1983 (2011), South Zone. THE STATE OF TEXAS KNOWN TO ALL MEN DY THESE )PRESENTS: COUNTY OF BEXAR i, C. Gorden Clary, a Registerecl Professional Land Surveyor, do hereby certify that the alcove field notes were prepared using information obtained by an on the ground sti vey made under my direction and supervision in June 2015 thru February 2016. Date r_-' day of r' 2016 A.D. / rr t;1F C. Gordon Clark : G S7C l�cgist4recl Professional Land Surveyor .c -.. No. 3999 - State of Texas G, ORDON CLARK. ',.15..39919 Page 2 aQ Tract 53 City of Corpus ChristiAocx Febmary 26, 2016 3411 Magic Drive -San Antonio, Tessa 78229 - Phone: (210) 581.1 1 1 l - Fax; (210) 581-5555 - Tt3PF No. P-1733 - TBPLS No100495-04 20 3 ; �o 11 t,' d -pop Jfi l�` CS Eon! p FLOUR BLUFF AND Er'd'CINAL FARM AND GARDL-N TRACTS VOL. A, PC. 41-4J M. R. N. C. LEGEND 0— 1/2' IRON ROD SET WITH PLA nc. CAP STAORED "GDS%MUERY 5.A. Tx." 0— UNMONUMENTED PONT POS — PLACE 4F UWNNIM It — PROPERTY LIN1•S R. 0,W. - RIGHT-OF-WAY O.P.R.WG. - OFFIC14L PUBLIC RECORDS OF 1IUECES COUNTY M.R,N.C. - MAP RECDRDS 4F 14UECE5 COUNTY RECORD GALL TAKEN FROM VOLLUE 45, PAGE 215, 10.13.14.G. CDSmuery ENGINEERS SURVEYORS t�•np{.q cr.•.S =UN.nc�.a m.w.. en t,fs� r •i v ci ivr.lw4 Pg. 3 Of 3 LEGAL 0M. TA*CT 53 CITY OF CORPUS CHRISM.ducx CEIS JOB Hil 115090.01 GEARINC BASIS; GRID NORTH COORDINATE SYST1EEW TEXAS STATE PLANE, NAp198.3 X2011), SOUTH ZONE ALL DISTWCES 5HOWN ARE SURFACE. (GRIL] X I.DW04 - SURFACE) THIS EXHIBIT REPRESENTS A BOUNDARY SURVEY 0MI_Y. NO VISIBLE CASEMENTS OR EASEMENTS OF RECORD ARE CIENCTED HEREON, LINE Ll SEAR NG N6r33'S9"V DISTANCE 25.00' L2 N2E`30'01 °'E 61.29' 0 S6(729'00"E 78.64' L4 S62'l1'37°E 10.91' L5 S26310'X V 59.94' .0rs2.9DS'2DV; L6 N61`33'19®W 64.74' 2.400 ACRES vvc. �!D47021507 OP.R_N.C. -LOT 51, BtOCK 12 7'v FLOUR BLUFF PARK VOL. 45, PC. 218 M. R. N. C. �t 4?', 4 414 (`�'j�Tr } G I C.+GOFD0N CLARK DRAWN BY! M. CAMACHO Al9ST'1 ACT 411 0.125 OF AN .ACRE TRANSMISSION LINE CASEMENT ELECTRIC TRANSMISSION TEXAS RAMON DE YNCJOSA SURVEY, ABSTRACT 411 NUECES COUNTY, TEXAS RATE' FEBRUARY 26, 2016 GRAWWG NAME - TRACT 53 CITY OF CORPUS CHRISTI.dwg 21 ETT-*- Electric Transmission Texas 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 (11PUCT11) 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. KH 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 20.1 The average width of the subject easement is 60.621, which represents approximately 1/3 of the depth of the site. This 60.621 -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 Value of the Remainder After the Taking: 0.1216 ac. (5,296 sf) X $5.00/sf Less: Damages to Remainder Compensation Due The Owner: Respectfully submitted, Thomas F. Dorsey, E, MAI, SRA State Certified General Real Estate Appraiser 25 _ $26,500(R) $26,500(R) -$9,300 $17,200 $28,100 a omas F. D o r s e 7,Xir'. State Certified General Real Estate Appraiser 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 UAT, SRA Date: March 8, 2016 26 d=- e0V44- Thomas F. Dorsey J . Date: March 8, 2016 View of the Area of the Proposed Easement, looking to the East along South Padre Island Drive. i N s E T171 1 ss ��� 67 Corpus �hristi I � Jester ..• • � I Jester m° t ®b 69 64 65 1 1 1 1 t 1 EXISTING NAVAL I •`•.........;I BASE SUBSTATION • 1 59 Naval Air Station Corpus Christi a �1`� �I 72 61 62 sPadre rsland or . ...................... 1 m l 52 55 1 i 56 48 may' 1 57 + I " I Knickerbocker m 1 Jes[x �1 e S E E Oso Bay �e 1I N S E r M A P 8 5 Padre Isbrid �r— �3� s asare is�r4 or _ � - 1 i 44 - =q 46 4 CanGton 1 1 54 -----------41-t i. -- - Williams; ----- , Craram - q7 49 51 53 Graham' \ Laguna 1m 1 1 � ca,rtera 7aa � - 45 � t Madre 39 1 1 ........y...... : oon P. 1 P 42 42 IL 35 , - - ... bill.V . .... ........... .... _% . Pumue� 34 1 33 � • • �Pu�ulnI�«net •1 1 r o 1 Flour • 1 18 - I Mlurr 1 1 20 1 1 17 1 lk 30 , 28 16 _ 1 —I Kai 26 —2= sO1Th 1 canes, � 1 canbr>�n � 1 , • v 1 rramaaa. Waldron , •' � 1 _ Airfield 1 \" vonaoN 16 1 1 a � �- ----- - - - 1 --13--- �y 12 ------ ' -22 - 1 1 r 1 1 1 1 --- ------Ee. ,,..4 0K lbs�� 3 OSE) Ore rr � a 1-- Barney M. Davis Reservoir 1a 1 1 1 1 1b • •`• rr44:1'Sr.••+44444444q?9�'+ •. ,; ldS++ EXISTING BARNEY +++�+++�+.+.�++++'+• DAVIS SUBSTATION Segment ID ® ETT mss. AT K I N S • Segment End Point Electric Transmission Texas ---• Primary Route Segment Barney Davis — Naval Base •••••• Existing Transmission Line 138 W Single-Circuit Transmission Line Route 11—Overhead Construction in Nueces County 0 3,000 6,000 Route 11— Underground Construction Feet PUC DOCKET 42467 0 1 Miles SOAH DOCKET 473-14-4431 /mus G O15r AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of September 20, 2016 �Second Reading for the City Council Meeting of September 27, 2016 DATE: August 30, 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 Ordinance - Rezoning property located at 1617 Paul Jones Avenue CAPTION: Case No. 0816-04 MBA -Mi Mundo Daycare, LLC. Ordinance amending the Unified Development Code ("UDC"), upon application by MBA -Mi Mundo Daycare, LLC, on behalf of BAPS Corpus Christi, LLC ("Owner") by changing the UDC Zoning Map in reference to Peary Place Annex "D", from the "RS -6" Single -Family 6 District to the "CN - 1" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. PURPOSE: The purpose of this item is to rezone the property for neighborhood commercial uses. RECOMMENDATION: Planning Commission and Staff Recommendation (August 24, 2016): Approval of the rezoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District. \/ntp RBsijlts For: 9 Against: 0 Absent: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District to be able to operate their commercial daycare. The subject property is located within the boundaries of the Southeast Area Development Plan (ADP). Staff finds that the rezoning is consistent with the Comprehensive Plan and the Future Land Use Map, as well as the Southeast Area Development Plan. The rezoning is compatible with the commercial daycare use and of nearby property and to the character of the surrounding area. The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the rezoning and would not have a negative impact on the surrounding neighborhood. ALTERNATIVES: 1. Deny the request. 2. Apply recommendations. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southeast Area Development Plan (ADP). The proposed rezoning to the "CN -1" Neighborhood Commercial District is consistent with the Southeast Area Development Plan and the adopted Future Land Use Plan's designation of the property as a commercial district. 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 -CN -1 Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by MBA -Mi Mundo Daycare, LLC, on behalf of BAPS Corpus Christi, LLC ("Owner") by changing the UDC Zoning Map in reference to Peary Place Annex "D", from the "RS - 6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of MBA -Mi Mundo Daycare, LLC, on behalf of BAPS Corpus Christi, LLC ("Owner") for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 24, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District, and on Tuesday, September 20, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by MBA -Mi Mundo Daycare, LLC, on behalf of BAPS Corpus Christi, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Peary Place Annex "D", located on the west side of Paul Jones Avenue between Brittany Drive and Argonne Drive (the "Property"), from the "RS -6" Single -Family 6 District to the "CN - 1" Neighborhood Commercial District (Zoning Map No. 038033), as shown in Exhibit "A". Exhibit A, which is a map of the subject property is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. The change of zoning does not result in an amendment to the Future Land Use Map, an element of the Comprehensive Plan. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre PASSED AND APPROVED this the ATTEST: Rebecca Huerta City Secretary Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn day of '20 Nelda Martinez Mayor Ordinance -0816-04 MBA -Mi Mundo Daycare, LLC Page 2 of 2 RM -3 CG -2 SUBJECT PROPERTY �O H RF1SL4q,Qa Hyyyr3S8Fkr C G s h R 3'S8F wy U w 31 m M CN -1 f RS -6 Pv Q= w Q �tiv1' act n u ry aR�oHh�Q R w T F ! N bate C✓ea 0 40 80 ar�parer Feet De rtni of De�ralopm CASE. 0816-04 SUBJECT PROPERTY WITH ZONING ® Subject Property aiorP RM -1 Multifamily 1 IL Light Industrial RM -2 Multifamily 2 IH Heavy Industrial RM -3 Multifamily 3 POO Planned Unit Oev. Overlay ONPmfessiunet Office RS -10 Single -Family 10 RM -AT Multifamily AT RS -6 Single-Family6 CN -1 Neighborhood Commercial RS -4.5 Single -Family 4.5 CN -2 Neighborhood Commercial RS -TF 7Wo-Family CR -1 Resort Commercial RS -1i Single -Family 15 CR -2 RC,mn Commercial RE Residential Estate CG -1 Gcneral Commercial RS-TH Townhouse 00-2 General Commercial SP Special Permit CIIntensive Commercial RV Recreational Vehicle Park CBO Downtown Commercial RMH Manufactured Home CR3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park EXHIBIT A cera -1 all SUBJECT C PROPERTY S/4/201fi I lvefteM Services ^'as 1 Aerial Overview Aerial itaC:r�3i�3:J3 •:7nid�n3:�1.�.'a�7w"F�'ar�.tZic�k: Planning Commission Final Report Case No. 0816-04 HTE No. 16-10000030 Planning Commission Hearing Date: August 24, 2016 r_ Applicant: MBA -Mi Mundo Daycare, LLC Representatives: Antonio Martinez .Q .� Owner: BAPS Corpus Christi, LLC Legal Description/Location: Peary Place Annex "D", located on the west Paul Jones Avenue between Brittany Drive Argonne Drive. side of and From: "RS -6" Single -Family 6 District To: "CN -1" Neighborhood Commercial District .E a Area: 0.4752 acres N° Purpose of Request: To allow a commercial daycare facility. Existing Zoning Existing Land Use Future Land Use District Site "RS -6" Single -Family 6 Public/Semi-Public Commercial North "CN -1" Neighborhood Low Density Commercial Commercial Residential oMedium N South "RS -6" Single -Family 6 Vacant Density Residential East "RS -6" Single -Family 6 Low Density Low Density Residential Residential Lu West "CG -2" General Commercial Commercial Commercial Area Development Plan: The subject property is located within the 06 y boundaries of the Southside Area Development Plan and is planned for CL c commercial uses. The proposed rezoning to the "CN -1" Neighborhood Commercial District is consistent with the adopted Future Land Use Map and a o the Southside Area Development Plan. Q Map No.: 038033 Zoning Violations: None Staff Report Page 2 c Transportation and Circulation: The subject property has approximately 150 feet of street frontage along Paul Jones Avenue, which the Urban c Transportation Plan designates as a "CY Primary Collector street. The CL maximum desirable average daily trips (ADT) for a designated "CY is 4,000 y c� to 8,500 daily trips. The subject property is located on the west side of Paul Jones Avenue approximately 650 feet south of South Padre Island Drive. Urban Proposed Existing Traffic Q Street Transportation Volume 0� Plan Type Section Section L O N Paul Jones "CY Primary 75' ROW 60' ROW Avenue Collector 50' paved 28' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single - Family 6 District to the "CN -1" Neighborhood Commercial District in order to convert the property into a commercial day care facility. Development Plan: The applicant is proposing to convert the existing three buildings into a commercial day care facility: one building for infants less than 18 months old; one building for children 19 months and older; and one building for an office. The buildings, which were a former church and residence, are located on a 0.4752 acre tract of land. Existing Land Uses & Zoning: The subject property is zoned "RS -6" Single -Family 6 and consists of a former church and accessory residential use. North of the subject property is zoned "CN -1" Neighborhood Commercial and is being used as low density residential. South is vacant land in the "RS -6" Single -Family 6 District. East of the subject property is zoned "RS -6" Single -Family 6 with low density residential uses and to the west is zoned "CG -2" General Commercial, consisting of retail commercial uses. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "CN -1" Neighborhood Commercial District is consistent with the Southside ADP and the adopted Future Land Use Plan's designation of the property as commercial. Additionally, the following are pertinent elements of the Comprehensive Plan and should be considered: Commercial service areas designed to serve local neighborhoods should be conveniently located and in harmony with the surrounding neighborhood. (Policy Statement, Commercial Policy Statement G) Expansion of commercial uses into or within residential areas may be permitted only if such expansion maintains or improves the residential desirability of the impacted neighborhood (Comprehensive Plan, Commercial Policy Statement D). Staff Report Page 3 True "neighborhood" commercial activities should be aimed toward meeting the daily convenience retail needs of nearby residents for food, pharmaceuticals, personal services, etc. Being that Paul Jones Avenue is a primary collector, the requested, "CN -1" Neighborhood Commercial, district allows to propose appropriate land uses and a corresponding transportation network to serve future land uses. A "CN -1" Neighborhood Commercial district would facilitate infrastructure planning through a reasonable estimate of future land use, thereby enabling infrastructure to be planned accordingly. Plat Status: The subject property is platted. Department Comments: • The proposed rezoning complies with the Comprehensive Plan: o The proposed use of commercial daycare satisfies the residential need for personal services. o The proposed daycare is located on a primary collector street that serves approximately 250 low density residential units. • It is staff's opinion that the proposed rezoning would benefit the surrounding residential properties and the property to be rezoned is consistent with the Future Land Use Plan's designation of the property as commercial. • A "CN -1" District would allow the use of a commercial daycare and other neighborhood commercial uses that are compatible with the surrounding residential subdivision. • Staff's opinion is that a daycare use does increase the residential desirability of this neighborhood, which is one of the findings required of the Comprehensive Plan when deciding which commercial uses to allow within residential areas. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RS -6" Single -Family 6 District to "CN -1" Neighborhood Commercial District. Number of Notices Mailed — 13 within 200 -foot notification area r_ 2 outside notification area 0 As of August 30, 2016: In Favor — 0 inside notification area o — 0 outside notification area Z 0 In Opposition — 0 inside notification area a — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Staff Report Page 4 Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Application 3. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0816-04 MBA -Mi Mundo Daycare, LLC\PC Documents\Report for PC_0816-04 MBA Mi Mundo Daycare, LLC.docx RM -3 0 CG -2 U N m N 0 M yWY h► _,_-) I,I,Y 3S8F�Y C G 3Sa,FwY M M M 6 � 10 CN -1 4 N ~ — — 0 3 RS -TF SUBJECT PROPERTY 12 eRj�gHY. m N o vR RS=6 CASE: 0816-04 ZONING & NOTICE AREA O 9 13 n 5 " 7 2ri N Ln O M N V v Q Ln N � oNN m 3Q Q F40 N � RM -1 Multifamily 1 IL Light Industrial RM -2 Multifamily 2 IH Heavy Industrial RM -3 Multifamily 3 PUD Planned Unit Dev. Overlay ON Professional Office RS -10 Single -Family 10 RM-ATMultifamily AT RS -6 Single-Family6 CNA Neighborhood Commercial RS -4.5 Single -Family 4.5 CN -2 Neighborhood Commercial RS -TF Two -Family CR -1 Resort Commercial RS -15 Single -Family 15 CR -2 Resort Commercial RE Residential Estate CG -1 General Commercial RS-TH Townhouse CG -2 General Commercial SP Special Permit Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park Subject PropertyO Owners with 200' buffer in favor 4 Owners within 200' listed on V Owners attached ownership table V in opposition DatelCreatedBy8/4/2016 I 800 M Prepared /vetteM Feet Department of Development Services d pry_ Cayo Del Oso LOCATION MAP OaY Op SUBJECT PROPERTY I�II�►1� ��i City of Corpus Christi NAS •- REZONING APPLICATION 0816-04 d Case No.: _ Map No.: g0 3 3 '0 PC Hearing Date. August 24. 2016 Proj.Mgr: Priscilla Hearing Location: City Hall, Council Chambers, 1201 Leopard Street Development Services Dept. P.O. Box 9277 Hearing Time: 5:30 p.m. Corpus Christi, Texas 78469-9277 (361) 826-32400 11 • A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER NEARING. " Located at 2406 Leopard Street INCOMPLEriE APPUCA77ONS WILL NOT BE ACCEPTED. 1 1. Applicant: Antonio Martinez Contact Person : Antonio Martinez Mailing address.7245 Dunn's Point Dr. Corpus Christi TX 78414 1 561-7413 City: State: ZIP: Phone:( ) E-mail: Cell: ( 361 537-1782� BAPS CORPUS CHRISTI LLC Hassman 2. Property Owner(s): Contact Person :Lee 81 Suttons Lane Mailing Address: NJ 08854 1 city.Piscataway State: ZIP: Phone:36( )561-7413 E-mail:36( 1 X815-2121 1617 Paul Jones 0.4752 3. Subject Property Address: Area of Request (SF/acres)-. Church -Residential Daycare_ �=�p Current Zoning &Use: Proposed Zoning &Use: 6533 0000 0040r 12 -Digit Nueces County Tax I D: r _ _ - _ _ _ _ - ---- ___Subdivision Peary Place Annex a 15-01 A 1,3V Subdivision Name: Block: Lot(s): Legal Description if not platted: 4. Submittal Requirements: ® Early Assistance Meeting: Date Held 6-8-16 ; with City StaffPriscilla Ramirez ❑ Land Use Statement ❑ Disclosure of Interest ® Copy of Warranty Deed IF APPLICABLE: (Title Co.) ❑ Peak Hour Trip Form (if request is inconsistent with Future Land Use Plan) ❑ Site Plan for PUD or Special Permit ❑ Metes & Bounds Description with exhibit if property includes un -platted land (sealed by RPLS) ❑ Lien Holder Authorization ❑ Appointment of Agent Form if landowner is not signing this form I certify that I have provided the City of Corpus Christi with a complete appli ti o eview; th a authoriz to initiate this rezoning 17 as or on behalf of the Property Owner(s); and the' o n provid i rat Owner or Agent' Si gnatu 5' nature ljV A A/ �OA A C� I Ovmer or Agent's Pirinted Name Applican 's Printed Name Office Use Only: Date Received:. _ 15 1 " I l— 16 Received By: j�M ADP: _SS Rezoning Fee: I l0 7 — 5-0 + PUD Fee + Sign Fee !d. 0 0 = Total Fee I'. 1 11. TQ No. Signs Required 1 @ $10/sign Sign Posting Date: KA)EVELOPMENTSVCSISHAREOILAND OEVELOPMENTIAPPLICATION FORMS%REZONINGIZONING APPLICATION 2015, DOC f�ir�6ifiC _ i The location will be used as a Daycare. MBA/Mi Mundo Daycare Children need to learn at their own pace and have the creative and nurturing environment to support their growth. Our staff and curriculum provide an incredibly nurturing environment that leads to success. Mi Mundo daycare opened its doors on August 2013 with the goal of providing a safe, exciting and rewarding learning experience for children. The vision for Mi Mundo was to create a learning environment where children would come and learn using the Montessori philosophy along with learning a second language. There were six students and two staff members when it opened. In November 2013 it started an infant room. Mi Mundo started growing and now holds 57 children. Our current location doesn't offer us the room to continure to grow and provide more children a creative and nurturing enviornment. Our goals is to grow to 90 children. 2. Identify the existing land uses adjoining the area of request: North - empty lot South _ Little miss kick ball park East _ residential West _ storage facility C-%USERSITANYAR.00mOESKTOPIDAILY USBANNIKAIAND USE STATEMENT FOR ZONING.DOC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question most ani If the question is not applicable, answer with "NA". NAME: MBA/Mi Mundo Daycare, LLC STREET: 3202 Rodd Field Road CITY: Corpus Christi ZIP: 78414 FIRM is:O Corporation O Partnership O Sole Owner O Association O Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. I. State the names of each "employee" of the City of Corpus Christi having an `ownership Interest" constituting 3% or more of the ownership In the above named "firm". Name Job Title and City Department (if known) n/a 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title n/a 3. State the names of each "board member" of the City of Corpus Christi having an "ownership Interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee n/a 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership Interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant n/a 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 wil promptly submitted to thely of Corpus Christi, Texas as changes occur. Certifying Person: Antonio Ma ne 'rifle: (Print Name) Signature of Certifying Person. Dale: xOEVELWktEuTsv=iwiEDLLANDBEvLlopMENT%AP! IAIFDNF%-22A +G'J1=OSUREOF1 RESTSSTAIELtENT 517mir.om SCAM l• a 20' BUM: ANGELO MARl7NEZ ANTONIO MARTINEZ. GF N0. ouNl•99%o(CNT-EI-16) J/(o' iiKEirr CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT 9.711 ACRES DIET OF FLOUR BLUFF A E•NONAL FARM t GAR DEN TRACTS, SECTION 31.1,0T R 13 VOL A. PGS 11.13 MANCT g 5 CITY OF CORPUS CHRISTI 0.44 ACRES DOC NO. 1009025489 aP�, D.R.N.CT. TRCEIrIM10E 1 '4OIRTT UNE n ra.NrnoTT r..w ltd mom* NIRrA11D-TDTa aa[ mammas ▪ Das v. IMAMS., MA•AOt.wwt la. 4TsnItnn ,Nat ..oW mI111 WW1 AWUSTI In. .,To Ob IS vv. local..•r.aWner- IVAnr•pDPW SURVEY OF AU4 ACRETRACF BEING PEARY PUCE ANNEX 1T, AS SHOWN ON A MAP RECORDED INVOLUME ]9.PAGE IILMAP RECORDS MI1! ESCOUNTY.TEXAS ZDIERVI UNE PEARY PLACE ANNO('0 LOT IR VOL 49, PG. IM M.RI4.CT tar wpm I$000 (PLAT) ter JrorE 119.95 IMEAS) FENCERS DQE TROWRTTLD ht ✓ w ✓ ISE! �Sr ONESTORY WOOD EUII61NO- . V ONE STORY y' WOOD/BRICK.", 1, BUILDING Y 41 ANNIDC Tr 0.17$ ACRES rum sr rNYRFTB a DENSADr GRAVEL SA'3T OM 149!5 (MEAS) S29'011 1007 (PLAT) 161. PAUL!ONES A VENUE kawrtw-At X WIRE FENCE Q* - SET ST IRON ROD OD - FOUND S/1' IRON ROD - PROPERTY CDNNER NO ACCESS IRI ItiI I •r.' ONE STORY/- WOOD r,T BUILDING / %ooze 11 WIDE MOFv S -I UNE 11 I QST IXlR NNDIs.RIT UNf g PEARY PLACE ANNEX •C' VOL 39. ISG. 111 LLRNC-T IENCEtI 14104 IROI4ITY UNE t DC OF ALVIYITD TREWS WITH A RADIUS Or NS1* VI n1EWtST RIGHT DP RAY f rAtL,o,n. AVE 10-1 SGT 1 KART Hasa...A/WI r BEAU xrTT4rr NOTES I 1 TOTAL SURVEYED AREA ISRI V ACRES 11 MEASURED BEARINGS AIE114111I SII GLOBAL PDISTR7Il7N4I l)C1E11 HAD IS [IDIOM DATUM 1)5E7 Sr IRON ROD - IRON ROO SRlVII1I NULO Y MASTIC CAI LABELED Ra ITTU SURVEIIRD Brister Surveying 44111 NST 1r.. Pm. lam II 1•N T, Thll_ Fr 1.1.1.11.13 . .....w.rla� fr M...sr Ms. drrY TICS WRYLY DoEiVoi OAU10E TUE SUrARCTt V. V rmn ATrOla OR W13C.I74M Pr AIL 1OITLTNEE EA1W0RI MUT Or RATIUt MTIyTViO nAtIIrPIRR t Nmt'.UDE 1110TIA p01IERIlr CRTDY MAT ?III SLIMY wn1tftDP tT IEDAIL?IlaCRIMD1R1nN WAN MADEm1 11Iro►Ot'•DT1f;PAT nTn 11.16 A1NaD rnRRTR TO THE MST of W INOWIIboe 411*]!!? Inacoe_ 1a.4WtN UII0 4r.1 ICI Twr an 117NF, 11 IRs. 9 {d SdE. __—_— I ANNEX "DIN I GRAPHIC S ,y£Caterl, i 44CCyy a{4�p�fe1 Sid vi W'RI ► ma�.om w� C R ilia x a ' R " _ e Ifij Wap vil; p Z1. Ci ra �aFiio R� I' pt O R" E PRIER 1V F U [4hm FI.1 100 too 200 LCT 12VOIJ LOT 13 THE STATE OF TEAS COUNTY OF NUECES j M70HE ]E, THE UNDERSIGN® AUTHORITY, ON THIS DAY PERSONA= *APPEARED W. C. CALK, TRUSTEE OF ST. APDREW'S UNITED METHODIST CHURCH OF CORPUS CHRISTI, TEXAS, KNOWN TO HE TO BE THE PERSON AND OFFICER UMOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTFdMffr AND ACKNOWLEDGED TO ME THAT TRE SAME WAS THE ACT OF THE SAID ST. ANDREW'S UNITED METHODIST CHURCH OF CORPUS CHRISTI, TEAS, AND THAT HE EXECUTED THE SAME AS THE ACT OF THE SAID ST. AXDREW'S UN PIED HMODIST CHURCH FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER 14Y NAND AND SEAL OF OFFICE, THIS TIE DAY CF , I973 NUrARY 9UHLIC I9 AND FOR C3•' ~ r�i h4womcrs CC-JNTY, TEXAS V.3q P141 ,OF . FEET �' Ir r•n r nlr f •' Mn r •vY 1 1. 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PABEiIt/ MAP RECORDS OF #ur"S Cow" 1 1 Doc# 2016032138 G F #—'3 01021-995" 5tewVfffkZ OF CONFIDENTIAL RIGHTS: IF YOU ARE A NATURAL PERSON, YOL MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUT IBER. WAPMANTY DEED WITH VENDOR'S LIEN DATE: �— -, . , , ._ 2016 GRANTOR: BAPS CORPUS CHRISTI, LLC, a Delaware Laruted Liability Company GRANTOR'S ADDRESS: 81 Suttons Lane, Piscataway, NJ 08854 GRANTEE: MBA -MI MUNDO DAYCARE, LLC GRANTEES ADDRESS: -1145 DUM S P014 �. Npus char 17x Iq CONSIDERATION: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration including a note of even date herewith in the principal amount of $50,000.00, executed by Grantee, payable to Grantor. The note is secured by a vendor's lien retained in this deed in favor of Grantor, and by a Deed of Trust of even date from Grantee to Michael J. Shelly, P.C., a Texas professional corporation, Trustee. The vendor's lien against and superior title to the property are retained until each note described is fully paid according to its terms, at which time this deed shall become absolute. PROPERTY: PERRY PLACE ANNEX "D". an addition to the City of Corpus Christi, Nueces County, Texas, according to map or plat recorded in Volume 39, Page 141 of the Map Records of Nueces County, Texas. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements, rights-of-way, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining ommers in any walls and fences situated on a common boundary, any discrepancies, conflicts, or shortages in area or boundary lines, and encroachments or overlapping of improvements; taxes for the current year, the payment of which Cmntee assumes, zoning laws, regulations and ordinances of municipal and other governmental authority, if any, affecting the property. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grarttep, Grantee's hens, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee% heirs, executors, administrators, successors, and assigns, against every person whomsoever lawfuIly claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. BAPS CORPUS CSI, LLC � Narhari Patel, Manager (Acknowledgment) THE STA'T'E OF OHIO COUNTY OF Before me the undersigned authority on this day personally appeared Narhari Patel, Manager of BAPS CORPUS CHRISTI, LLC, a Delaware limited liability company, on behalf of said company, known to me [or proved to me on the oath of _ _ , or through .0 h10 cd h =1S m c-' (description of identity card or other document)] to be the person(s) whose name is subscribed to the foregoing instrument and aclazowledged to me that he/she executed the same for the purposes and consideration therein expressed Given under my hand and seal of office this Zq day ofJ_ ulx , 2016. ►►►ir►a,,,�f s ANNA R GANGR E *" Notary Pubic, State of Ohio MY Comm Expires July 21, 2418 r ,r titin AFTER RECORDING RETURN TO: Stewart Title 5102 Holly Road, Suite B Corpus Christi, TX 75411 PREPARED IN TIE LAW OFFICE OF: Michael J. Shelly, P.C. Attorney at Law 5102 HoIIy Rd., Suite A Corpus Christi, Texas 78411 GF # 6nai4q _V Stewart True Doc# 2016032138 Doc# 2016032138 # Pages 4 08/02/2016 9:45AM e -Filed & e -Recorded in the Official Public Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $23.00 Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color,Religion, Sex, Handicap, Familial Status or National Origin is invalid and unenforceable under FEDERAL LAW, 3112189 STATE OF TEXAS COUNTY OF NUECES I HEREBY CERTIFY THAT THIS INSTRUMENT WAS FILED IN FILE NUMBER SEQUENCE ON THE DATE AND AT THE TIME STAMPED HEREON BY ME AND WAS DULY RECORDED IN THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY TEXAS COUNTY CLERK^��� TEXAS NUECES COUNTY Auricle 6: Use Ft"Ld Offs children including those related to the caretaker, shall not exceed 12 at any given time. 2. No portion of an outdoor play or instruction area shall be located within the required street yard area of the property. Such areas may be located In side or rear yards. 3. A day care home shall employ only residents of the home, Including all paid and unpaid care providers. 5.2.4.D. DAY Care Center A day care center shall be permitted in accordance with the use tables In Article 4 subject to the following standards: 1. A day care center shall provide regular care for between seven and twelve children for less than 24 hours a day. 2. Off -mast parking and loading shall be provided in accordance with Section 7.2 notwithstanding the provisions in Subsection 7.2.7. A drive-through loading area with a minimum width of 10 feet and a holding capacity of at least three 118 -foot long vehicles, exclusive or parking spaces shall be provided for each day cane center. 3. No portion of an outdoor play or instruction area shall be located within the required street yard area of the property. Such areas may be located In side or rear yards. 5.2.4.E. emal an Care A commercial day care facility shall be permitted In accordance with the use tables in Article 4 subject to the following standards: 1. A commercial day care center shag provide regular care to any number of adults or children for less than 24 hours a day. 2. Signs shall be in accordance with Section 7.5. 3. Off-street parking and loading shall be provided in accordance with Section 7.2. Notwithstanding the provisions in Subsection 7.2.7 a drive-through loading area with a minimum width of 10 feet and a holding capacity of one vehicle per 800 square feet of gross floor area in the facility, exclusive of parking spaces, shall be provided for each commercial day care. No facliity shag be required to have a loading zone with a capacity In excess of six spaces for 18 -foot long vehicles. 4. No portion of an outdoor play or instruction area shag be located within the required street or side yard area of the property. Outdoor play or instruction areas shag be located in the rear or side yard of the property. 5.2.5. Golf Courn 9�9twCh&f L'fW d code Pap w w 0 L v■ 1 48�?Ylcs C H U ,., 0(,FAIIlO MFM(1RDAIIIIIM No�wp� Public Hearing and First Reading for the City Council Meeting of September 20, 2016 1852 Second Reading for the City Council Meeting of September 27, 2016 DATE: August 30, 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 Ordinance - Rezoning property located at 3113 S. Port Avenue CAPTION: Case No. 0816-01 Maria G. Lopez: A change in zoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District in reference to a 0.037 acre tract of land, described as the remainder of lot 2, Block 6 of the San Diego Addition Unit 1, located on the east side of Niagara Street between Guadalupe Street and Nogales Street. PURPOSE: The purpose of this item is to change the zoning to allow a commercial use. RECOMMENDATION: Planning Commission and Staff Recommendation (August 24, 2016): Approval of the change in zoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District. Vote Results For: 9 Against: 0 Absent: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District to be able to use the property as a driveway for a fast food restaurant that will be placed on the abutting property, also owned by the applicant. The subject property is located within the boundaries of the Westside Area Development Plan and is planned for low density residential uses. The proposed rezoning to the "CN -1" Neighborhood Commercial District is not consistent with the adopted Future Land Use Map but is consistent with the policies in the Westside Area Development Plan. The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the rezoning and would not have a negative impact on the surrounding neighborhood. ALTERNATIVES: 1. Deny the request. 2. Approve the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for low density residential uses. The proposed rezoning to the "CN -1" Neighborhood Commercial District is not consistent with the adopted Future Land Use Map but is consistent with the policies in the Westside Area Development Plan. 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 -CN -1 Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Maria G. Lopez ("Owner"), by changing the UDC Zoning Map in reference to a 0.037 acre tract of land, described as being the remainder Lot 2, Block 6 of the San Diego Addition Unit 1, from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Maria G. Lopez ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 24, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District, and on Tuesday, September 20, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Maria G. Lopez ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 0.037 acre tract of land, described as being the remainder Lot 2, Block 6 of the San Diego Addition Unit 1, located on the east side of Niagara Street between Guadalupe Street and Nogales Street (the "Property"), from the "RS -6" Single - Family 6 District to the "CN -1" Neighborhood Commercial District (Zoning Map No. 047041), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. The City's Future Land Use Map, an element of the Comprehensive Plan, is amended to designate the Property for commercial land uses. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. 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 Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre PASSED AND APPROVED this the ATTEST: Rebecca Huerta City Secretary Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn day of '20 Nelda Martinez Mayor Ordinance -0816-01 Maria G. Lopez Page 2 of 2 STATE OF TEXAS COUNTY OF NUECES A 0.037 ACRES TRACT OF LAND, BEING THE REMAINDER OF LOT 2, BLOCK 6, OF THE SAN DIEGO ADDITION UNIT 1 Field notes of a 0.037 acres tract of land, being all of Lot 2, Block 6 of the San Diego Addition Unit 1, recorded in Volume 9, Page 21 of the Map Records of Nueces County, Texas; save and except a 0.110 acres tract of land out of said Lot 2, conveyed to the State of Texas by Deed recorded in Volume 1110, Page 383 of the Deed Records of Nueces County, Texas; Said 0.037 acres tract is comprised of a portion of the Enriquez Villareal Survey, Abstract 1, is located within the City of Corpus Christi, in Nueces County, Texas, and is described by metes and bounds as follows: BEGINNING at a 4 inch concrete monument with brass cap stamped "TEXAS HIGHWAY DEPARTMENT" found in the east line of Niagara Street, the east line of said Lot 2, and the west line of Lot 1, Block 6 of said addition, at an exterior east corner of said 0.110 acres tract, for the north corner of this tract; Thence S 01 °23'05" E along the west line of said Lot 1, the east line of said Lot 2, and the east line of this tract, a distance of 75.57 feet (called S00°56' 10"E) to a point at the common corner of Lots 1, 2, 28 and 29, Block 6 of said addition, for the southeast corner of this tract; Thence S 88°36'56" W along the north line of said Lot 28, the south line of said Lot 2, and the south line of this tract, a distance of 42.23 feet (called S89°03'50"W, 42.36') to a 5/8 inch iron rod found in the east line of said Niagara Street, at the southeast corner of said 0.110 acres tract, for the southwest corner of this tract; Thence N 27°48'31" E along the east line of said Niagara Street, the southerly east line of said 0.110 acres tract and the west line of this tract, a distance of 86.57 feet (called N28°20'00"E, 86.64') to the POINT OF BEGINNING, containing 0.037 acres of land, more or less, subject to any and all easements and agreements of record. Distances are at surface and Bearings in this description are based on a GPS survey conducted in the Texas Coordinate System, South Zone, NADI983, in US Feet, with a Combined Scale Factor of 0.99998578. I, Michael J. Maclnnis, Registered Professional Land Surveyor of Texas, do hereby state that this description represents an actual survey made on the ground, under my direction, to the best of my knowledge and ability, this the i If" day of April, 2016. A signed and sealed Survey Plat accompanies this description. MICHAELJMacINNlB . �s O5674 °!;E SI..,0� Registered Professional Land Surveyor 160305-rl .doc SURA Texas Registration No. 5874 Exhibit A Q NU/EC S COt/LNTY a CITY OF COU"'" CHRISTI � SAN DILUU ADDITION UNIT 1 VOL. 9, PG. 21 Q M. R., N. Co., TX.' p[ Drain gl/t,A(bAL t/L,)E ,ST ,EET O Manhole -S W e S�4P Curb Line Drain WQ�k Ramp J �\ FND. 5!B' I.R. Ramp FND, CAP FND, DRILL HOLE (N 89°03'50• E 6o.oa�) SET DRILL HOLE I NCRETE I CONCRETE Drain (N0I°13'39'W 18.92') � I �•/`/J c o FND. CAP s P.O_.B. N 3 Portion Lot 3 fND. CAP 1 z0' Bldg, Line 0 0 State of Texas Vol. 1086, Pg. 185 D. R., N. Co., TX. cn r n O b� hfN O a� BUS STOP mob. ro 0.037 Acres 1 3 �� n ¢ ¢ Remainder Lot 2, Block 6, �3 pU"/ / $ Maria G. Lopez ll ri Clerk's File No. 2016000345 cJ �v 0. P. R., N. Co., TX. d 0.110 Acres Portion Lot 2 w -4 2, P4' Concrete State of Texas 2 N v, o Sidewalk Vol. 1110, Pg_ 383 2 '� Overhead D_ R., N. Co., TX. Power Trafflc 7.5' U. E. Slgnal Box P _ — — Gate PP -HV (24.46') —588'36' 6"W 42.23' pt, 1 II LR, cS 89°o3's w x2.36')°o3'so' W 60.00') ET 5/8' I.R. w/ FND. 5/8" _ _-y _ _ CAP 'R.P.L.S, 5874- 27- 874'27— — Q' 7'5' U. E. P v Lot 29, Block 6 a3 Lot 28, Black 6 Roland Martinez, et_ ux. Portion Lot 27 h / Roland Martinez Clerk's File No.20050341181 State of Texas wd Clerk's File No. 2005042183 0, P. R., N. Co., TX. Vol. 1082, Pg, 231 O. P. R_, N_ Co., TX. D. R_, N. Co.; TX.r n Oa "FND. CAP" DENOTES A vo 7 FOUND 4" CONCRETE MONUMENT W/BRASS CAP NOTES: STAMPED "TX. HWY. DEPT." 1 ) Distances are measured at surface and bearings are based on a GPS survey conducted in the Texas Coordinate System, South Zone NAD1983, in US Feet, Combined Scale Factor: 0.99998578. 2) There may be existing pipelines not shown on this map. Notify the Texas One Call System (81 1) . to locate existing pipelines before performing any excavation on this property. 3) Determined by graphical methods only, this property lies within Flood Zone C, an area of minimal flooding, as shown on FEMA Flood Map No. 485464 0168 C, dated July 18, 1985. PLAT SHOWING SURVEY OF PROPERTY LOCATED AT 3113 S. PORT AVENUE, CORPUS CHRISTI, TEXAS BEING THE REMAINDER OF LOT 2, BLOCK 6 OF THE SAN DIEGO ADDITION UNIT 1 AS SHOWN ON MAP RECORDED IN VOLUME 9, PAGE 21 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS DEED RECORDED IN CLERK'S FILE NO. 2016000345 OF THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS SCALE 1" = 25 FEET I, Michael J. Maclnnis, Registered Professional Land Surveyor of Texas, do hereby state that this plot represents an actual survey made on the ground, under my direction, to the best of my knowledge and ability, this the 11th day of April, 2016. A sianed and sealed metes & bounds description accompanies this plat. Native Survey Co. � 7092 County Fi08d 4167 MICHAEL J •MacINNiS Taft, Texas 78390 Phone/Fax: 361-528-4233 Cell: 361-244-2043 TX Firm No. 10044900 5874 �q'9OFFssxoNPoQ Up""' •••• �� sD�v Registered Prof. Land Surveyor Texas Registration No. 5874 c:\Pr®jects\2016\160305-r1 Exhibit B .ma • 20: 4� z w' 4 4f� B z Planning Commission Final Report Case No. 0816-01 HTE No. 16-10000024 Planning Commission Hearing Date: August 24, 2016 r- Applicant/Owner: Maria G. Lopez Representative: Maria G. Lopez .Q .� Legal Description/Location: Being a 0.037 acre tract of land, described as the remainder of lot 2, Block 6 of the San Diego Addition Unit 1, located on the 0-06 °6 Q east side of Niagara Street between Guadalupe Street and Nogales Street. From: "RS -6" Single -Family 6 District To: "CN -1" Neighborhood Commercial District •� a Area: 0.037 acres N° Purpose of Request: To allow a fast food restaurant Existing Zoning Existing Land Use Future Land Use District Site "RS -6" Single- Vacant Low Density Family 6 Residential "RS -6" Single - "CN Low Density Low Density North Family 6/ -1" Residential / Residential / a� Neighborhood Commercial Commercial •E ? Commercial N South "RS -6" Single- Low Density Low Density J Family 6 Residential Residential •� CN -1 W East Neighborhood Vacant Low Density Commercial Residential West "RS -6" Single- Low Density Low Density Family 6 Residential Residential Area Development Plan: The subject property is located within the 06 y boundaries of the Westside Area Development Plan and is planned for low CL c density residential uses. The proposed rezoning to the "CN -1" Neighborhood Commercial District is not consistent with the adopted Future Land Use Map a c but is consistent with the policies in the Westside Area Development Plan. Q > Map No.: 047041 Zoning Violations: None K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0816-01 Maria G. Lopez (3113 South Port Avenue)\Council Documents\Report for CC_0816-01 Maria G. Lopez (3113 South Port Avenue).docx Staff Report Page 2 c Transportation and Circulation: The subject property has approximately 90.03 feet of street frontage along Niagara Street. The applicant, who also c owns the abutting Lot 1, intends on combining Lot 1 and 2. Lot 1 is on an existing local street, Guadalupe Street, with 59.56 feet of frontage and y Lot 2 is on an existing arterial street, South Port Avenue, with 94.32 feet of c� frontage. Urban Proposed Existing Traffic Street Transportation Section Section Volume O Plan Type (2012) Niagara Local Street 50' ROW 50' ROW N/A m m St. 28' paved 28' paved C/) South 95 ROW 98 ROW Port Al 64 paved 85 paved 4,730 ADT Avenue Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single - Family 6 District to the "CN -1" Neighborhood Commercial District to allow the construction of a commercial use on Lot 2. The applicant also owns the abutting Lot 1 which is zoned a "CN -1" Neighborhood Commercial District and will combine Lot 1 and 2 for commercial use. Development Plan: The applicant is proposing to develop a fast food establishment with a 243 square feet portable building that will have twelve parking spaces. The subject property will be required to maintain a 10 foot rear setback adjacent to the single-family dwellings and no setback along Niagara Street is required. A redevelopment type buffer yard shall be required along the rear property line. Existing Land Uses & Zoning: The subject property is vacant and zoned "RS -6" Single -Family 6 District. The subject property to the north is a combination "RS -6" Single -Family 6 District and "CN -1" Neighborhood Commercial District. To the east is "CN -1" Neighborhood Commercial District and is a vacant property with an arterial access. The property to the south is zoned "RS -6" Single -Family 6 District and is occupied by two single-family residential houses. To the west is zoned "RS -6" Single - Family 6 where there are low density residential uses. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0816-01 Maria G. Lopez (3113 South Port Avenue)\Council Documents\Report for CC_0816-01 Maria G. Lopez (3113 South PortAvenue).docx Staff Report Page 3 Comprehensive Plan & Area Development Plan Consistency- The subject property is located within the boundaries of the Westside Area Development Plan (ADP). The proposed rezoning is not consistent with the adopted Future Land Use Plan's designation of the property as Low Density Residential but is consistent with the policies in the Westside Are Development Plan and the Corpus Christi Policy Statements. Additionally, the following are pertinent elements of the Comprehensive Plan should be considered - The proposed rezoning of "CN -1" Neighborhood Commercial District is following the guidance of the Westside ADP C.1 policy statement that says commercial activities should be placed at locations with good access and visibility. Its key objectives also state to achieve a harmonious arrangement of land uses to create a pleasant living and working environment. Commercial uses adjacent to existing or proposed residential areas should be buffered or use sensitive design. (Corpus Christi Policy Statements, Land Use, Residential Policy Statement c.) Incompatible industrial and commercial land uses should not abut residential areas... When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e., provision of open space, landscaping, screening fences, etc. (Corpus Christi Policy Statements, Land Use, Residential Policy Statement i.) Plat Status: The subject property is platted, however, the property owner will be required to replat the entire ownership (Lots 1 and 2) to develop the restaurant use. Department Comments- • The proposed rezoning deviates from the Comprehensive Plan Future Land Use map as the Future Land Use Map recommends Low Density Residential uses. • This location in combination with Lot 1 abuts a high-intensity arterial street where single-family uses are not recommended. The location is considered an "in -fill" development site since water, wastewater and stormwater utilities are available to serve the property. • The location is also one block north from a park and could compliment the park by offering refreshments and food to park goers. • The proposed rezoning of Lot 2 to the "CN -1" Neighborhood Commercial District will help to service the convenience shopping needs of the neighborhood while protecting the neighborhood from some of the heavier more intense uses permitted in the General Commercial Districts. • The Zoning Map amendment, while not consistent with the Future Land Use map, is consistent with the policies in the Comprehensive Plan concerning efficient in -fill development, commercial uses to serve neighborhood needs, etc. • The amendment is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0816-01 Maria G. Lopez (3113 South Port Avenue)\Council Documents\Report for CC_0816-01 Maria G. Lopez (3113 South PortAvenue).docx Staff Report Page 4 • The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. • In staff's opinion the Zoning Map amendment does not have a negative impact upon the surrounding neighborhood. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District. Number of Notices Mailed — 20 within 200 -foot notification area r_ 6 outside notification area 0 As of August 30, 2016: In Favor —0 inside notification area o — 0 outside notification area Z 0 In Opposition —0 inside notification area a — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Application 3. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0816-01 Maria G. Lopez (3113 South Port Avenue)\Council Documents\Report for CC_0816-01 Maria G. Lopez (3113 South PortAvenue).docx IN / z N CN -1 N N LU M ry a Q CG -2 ^ b ,y0 O N O� m b O ti 6 pRFsq R N eO< 0�4R M a 400 b n CASE: 0816-01 ZONING & NOTICE AREA RM -1 Multifamily 1 IL Light Industrial RM -2 Multifamily 2 IH Heavy Industrial RM -3 Multifamily 3 PUD Planned Unit Dev. Overlay ON Professional Office RS -10 Single -Family 10 RM -AT Multifamily AT RS -6 Single -Family 6 CN -1 Neighborhood Commercial RS -4.5 Single -Family 4.5 CN -2 Neighborhood Commercial RS -TF Two -Family CR -1 Resort Commercial RS -15 Single -Family 15 CR -2 Resort Commercial RE Residential Estate CG -1 General Commercial RS-TH Townhouse CG -2 General Commercial SP Special Permit Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park aSubject PropertyO Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table /� in opposition 0 yh'1.2ee a S BJECT 14 0 PROPERTY a " O1 " N 2 " ti (O evLn n N " Ln N N o n N M N " T Ln N 'f b " O 40 " L CN -1 b M Q=� Date Created: 7/212016 800 �l Prepared By: JeremyM �F et Ln ^ Departme t�f Develobment Services / 1\1 �ry O? k W E S CCity df Orp LOCATION MAP c�``yq, ChristUSi 16-)00000at� • REZONING APPLICATION >,, Case No.: 0816-01 Map No.: 047041 • c G PC Hearing Date: 8/24/16 Proj.Mgr. Hearing Location: City Hall. Council Chambers. 1201 Leonard Street Development s Dept P.O. Boxx 9 !32727 7 c� Hearing Time: 5:30 mm. Corpus Christi, Texas 76469-9277• (361) 626-3240 A MAXIMUM OF FIVE REZONINGS CASES ARE SCHWULED PER HEARING. Located at 2406 Leopard Street • INCOMPLETE APPLICATIONS WRL NOT BE ACCEPTED. 1. Applicant: Tacos La Bamba Contact Person : Maria G. Lopez Mailing Address: 2414 Prescott St. city:Corpus Christi State: Texas Z1P.78404 Phone:3r 61 )438-4287 E-mail: Cell: () Maria G. Lopez Contact Person :Maria G. Lopez 2. Property Owner(s): Mailing Address- 2414 Prescott St. city.corpus Christi State:tx z1P.78404 Phone: �) E-mail: Cell: L_) 3113 S. Port Area Request 3=868.18 SF 3. Subject Property Address: of (SF/acres): Current zoning & use: RS -6 Empty Lot Proposed Zoning & Use: CN -1 12 -Digit Nueces County Tax ID: 7 14 _- 0 0 0 6_ _ 0 0 10 San Diego addition Unit 1 Block: 6 Lot(s): 2 Subdivision Name: Legal Description if not platted: 4. Submittal Requirements: ❑ Early Assistance Meeting: Date Held ; with City Staff Land Use Statement it❑ Disclosure of Interest ❑■ Copy of Warranty Deed IF APPLICABLE. Q Peak Hour Trip Form (if request is inconsistent with Future Land Use Plan) Q Site Plan for PUD or Special Permit Metes & Bounds Description with exhibit if property includes un -platted land (sealed by RPLS) ❑ Lien Holder Authorization ❑ Appointment of Agent Form if landowner is not signing this form I certify that I have provided the City of Corpus Christi with a complete application for review; that I am authorized to initiate this rezoning a or on behalf of the Property Owner(s); and the informatic4provide Is accurate. Owner or Agent's Signature Applicant's Signature Maria G. Lopez Maria G. Lopez Owner or Agent's Printed Name Applicant's Printed Name Office Use Only: Date Received: 1„ �- ` _1 Received By:akf ADP: Rezoning Fee; _ tQ 7. + PUD Fee J(Rr + Sign Fee 50-60=TotalFea 115V I No. Signs Required ® $10/sign Sign Posting Date: K:1oEVELOPMENTSVCWHAREDUMDDEVELOPMENRAPPLICATIONFUNMb%KhZON1NGILUN1r4UArVULA1urnsu1a,%Juu I....=�• •���.— LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed buildings)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. The property its a two lots empty land with a total of .21 Acres. Lot #1 its comertial zoning with 5670 square footage. Lot #2 has 3,686.18 square footage and its current RS -6 zoning. The purpose is to open a TOGO fast food establishment. The proposal includes a potable building of 27' lenght by 9' widht; will have two handycap parking spaces and ten parking lots. A certified Engineer and a construction company will be on charge of project development. This establishment will operate seven days a week from 5:00 pm to 11:00 pm and will hire six new employees to begin with. Please see attached floor plan. 2. Identify the existing land uses adjoining the area of request: North -Guadalupe St. (Market acoss st.) South - East - two Residential houses S. Port Ave West -Niagara st. residential zone C.iUSERSWANYAROMESKTOPIDAILY USEIANNIKAU.MD USE STATEMENT FOR ZONING -DOC STATE OF TEXAS COUNTY OF NUECES A 0.037 ACRES TRACT OF LAND, BEING THE REMAINDER OF LOT 2. BLOCK 6, OF THE SAN DIEGO ADDITION UNIT l Field notes of 0.037 acres tract of land. being all of Lot 2, Block 6 of the San Diego Addition Unit 1, recorded in Volume 9, Page 21 of the Map Records ofNueces County. Texas; save and except a 0.110 acres tract of land out of said Lot 2, conveyed to the State of Texas by Deed recorded in Volume 1110. Page 383 of the Deed Records ofNueces County, Texas; Said 0.037 acres tract is comprised of a portion of the Enriquez Villareal Survey, Abstract 1. is located within the City of Corpus Christi, in Nueces County, Texas, and is described by metes and bounds as follows: BEGINNING at a 4 inch concrete monument with brass cap stamped "TEXAS HIGHWAY DEPARTMENT" found in the cast line of Niagara Street, the east line of said Lot 2, and the west line of Lot 1, Block 6 of said addition, at an exterior east corner of said 0.110 acres tract. for the north corner of this tract: Thence S 01 °23'05" E along the west line of said Lot I, the east line of said Lot 2, and the east Iine of this tract, a distance of 75.57 feet (called S00056' 10"E) to a point at the common corner of Lots 1, 2, 28 and 29, Block 6 of said addition, for the southeast corner of this tract; Thence S 88°36'56" W along the north line of said Lot 28, the south line of said Lot 2, and the south line of this tract, a distance of 42.23 feet (called S89°03'50"W, 42.36') to a 518 inch iron rod found in the east line of said Niagara Street. at the southeast corner of said 0.110 acres tract, for the southwest corner of this tract; Thence N 27°48'31" E along the east line of said Niagara Street, the southerly east line of said 0.110 acres tract and the west line of this tract, a distance of 86.57 feet (called N28°20'00"E, 86.64'} to die POINT OF BEGINNING, containing 0.037 acres of land. more or less. subject to any and all easements and agreements of record. Distances are at surface and Bearings in this description are based on a GPS survey conducted in the Texas Coordinate System, South Zone, NADI983. in US Feet, with a Combined Scale Factor of 0.99998578. 1, Michael J. MacInnis, Registered Professional Land Surveyor of Texas, do hereby state that this description represents an actual survey made on the ground, under my direction, to the best of my knowledge and ability, this the I Ph day of April, 2016. A signed and sealed Survey Pint accompanies this description. , "'W101 N.Nti. LJ. MaCNMS 160305-rl.doc %%-�31j Registered Professional Land Surveyor Texas Registration No. 5874 NLt.ECaS GOUNTr �a CITY OF COP-PU'S GHk,ISTI J SAN DIEGO ADDITION UNIT I VOL. 9, PG. 21 O M. R., N. Co., TX. ' UTT Tk [pair ol,anhole-Sid ) Ca�� 50' R -O -W "et P +aIFCurb line Drain t /\ Rang J �1 FND. 5/B' I,R, Rang f\ FND. CW FND DRILL HOLE + 89103151)* E 60.01)') SET DRILL HOLE ' ~`ZA CDHL+R7=TJ IN C13NCRETE }f ll�Draln FND. CAP + P.O.B. r_ Portion Loi 3 — 26' BlBldg. tine F CAP Stole of Texas D, `may\ om� rn Val. 1086, Pg. 185 D. R , N. Co., y o r . N 1 rl n ! �F Opo- hn 0.037 Acres "I BUS STOP 3 f° (� Q 4 w Remainder Lot 2, Block 6, / J N Maria G. Lopez vi Clerk's File No, 2016000345 %r 0. P. R., N. Co., TX. n 0.1 i0 Acres Portion Lol 2 q -+ 'a I State of Texas [n > I a' Concrete Vol 1110, Pg 383 2 Overhead S1d"atk D. R., IJ. Co.. TX Porer TrafFiC _7.5' U. $ Signal Bax -.P9 - Y- -� _ - - { <2a.46') S88 36 6lV 42.23 Pt. — u D. 5/6' LR (S 84'93'50' V A2.367 (i 8$'03'56' N 60A67PP E.T 5/6' hR. M/ p _ . _C P 'R,P L,S, 5874' )-7--- --- 7.5'U.0 Lot 29, Block 6 p Lot 28, Block 6 — ae' Roland Martinez, el. ux. Portion Lot 27 y Roland Martinez Clerk's File No. 20050341181 { State of Texas w Clerk's File No. 2005042183 0, P. R , N Co.. TX. Vol. 1082, Pg. 231 c 0. P R., N. Co., TX. t D. R., N. Co., Tx. 0 "FND. CAP" DENOTES A 28 29 FOUND 4' CONCREtE MONUMENT W/BRASS CAP NOTES: a STAMPED 'TX. HWY. DEPT." 1) Distances are measured at surface and bearings are based on a GPS survey conducted in the Texas Coordinate System, South Zone NAD19B3, in US Feel, Combined Scale Factor: 0.99998578 2) There may be existing pipelines not shown on this map Notify the Texas One Coll System (81 1) In locate existing pipelines before performing any excavation on this property. 3) Determined by graphical methods only. this property lies within Flood Zone C, an area of minimal flooding, as shown on FEMA Flood flop No. 485464 0168 C. dated July 18, 1985. PLAT SHOWING SURVEY OF PROPERTY LOCATED AT 3113 S. PORT AVENUE, CORPUS CHRISTI, TEXAS BEING THE REMAINDER OF LOT 2, BLOCK 6 OF THE SAN DIEGO ADDITION UNIT 1 AS SHOWN ON MAP RECORDED IN VOLUME 9 PAGE 21 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS DEED RECORDED IN CLERK'S FILE NO. 2016000345 OF THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS SCALE 1" = 25 FEET I, M choel J. Moclnnis, Re; stereo Professional Land SurvP)'or of Texas, do hereby slate that this plat represents on actual survey maae on the g ound, under my direction, to the best of my knowledge and abilAy, this the 11th coy o•r Aprl, 2016. A ianed and sealed metes & bounds description a companies this plot. Native Survey Co, 7092 County Road 4167 4110 li n+aairi is ! i Tait, Texas 78390t"" Phone/Fax, 361-528-4233 ~�'.;�c�5874Registered Prof. Land Surveyor Cell; 361-244.2043 9y', ess��:••l0 Texas Registration No. 5874 OSc�R`16 TX Firm No. 10044900 C,\Protects\2016\160305-r1 DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Tacos La Bamba STREET: 3113 S. Port clTy: Corpus Christi ZIP: 78404 FIRM Is:OCorporation 0Partnership OSole Owner 0Association 0Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership Interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) NIA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership In the above named "firm". Name Title NIA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee NIA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant 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: x Z Title: _ 0CY- (Print Name) Signature of Certifying Person: Date: K:IDEVELOPMENTSVCSLSHAREDLLANO DEVELOPMENTV4PPUCATION FORMSUW20NINGOSCLOSURE OF INTERESTS STATEMENT SA22V5.DOC APPOINTMENT OF AGENT As owner of the subject property, I hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: Mailing Address: 2414 Prescott st. City: Corpus Christi -State: Texas Zip: 78404 Home Phone: ( 361- ) 438-4287 Business Phone: Cell: ( ) I acknowledge and affirm that I will be legally bound by the words and acts of my agent, and by my signature below, I fully authorize my agent to: Be the point of contact between myself and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on my behalf; grant legally binding waivers of rights and releases of liabilities of every kind on my behalf; consent to legally binding modifications; conditions, and exceptions on my behalf; and, to execute documents on my behalf which are legally binding on me. I understand that the City of Corpus Christi will deal only with a fully authorized agent. At any time it should appear that my agent has less than full authority to act, then the application may be suspended and I will have to personally participate in the disposition of the application. I understand that all communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, I agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising from this matter. If my property is owned by a corporation, partnership, venture, or other legal entity, then I certify that I have the legal authority to make this binding appointment on behalf of the entity, and every reference herein to "I", "my", or "me" is a reference to the entity. *Signature of Agent: Title: Printed/Typed Name of Agent: *Signature of Property Owner: Title: Date: Printed/Typed Name of Property Owner: Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: *Signature of Property Owner: Printed/Typed Name of Property Owner: Title: Date: Date: *Application must be signed by the individual applicant, each partner of a partnership, or by an authorized officer of a corporation or association. DN.Bwwn.APPON TMENTOFAGENT2-19-09.doc SC v AGENDA MEMORANDUM NORROPPEPublic Hearing / First Reading for the City Council Meeting of September 20, 2016 1852 Second Reading for the City Council Meeting of September 27, 2016 DATE: August 30, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, AICP, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading Ordinance - Rezoning property located at 5702 Corsica Road CAPTION: Case No. 0716-06 Corner Strong, Ltd.: Ordinance amending the Unified Development Code ("UDC"), upon application by Corner Strong, Ltd ("Owner"), by changing the UDC Zoning Map in reference to a 4.99 -acre tract of land of which 4.52 acres is out of Lots 17, 18, 31 and 32, Section 11, Flour Bluff and Encinal Farm Garden Tracts and 0.47 acres is out of Lot 11, Block 2, Barclay Grove Unit 11, from the "CN -1" Neighborhood Commercial District and "CG -2" General Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. PURPOSE: The purpose of this item is to rezone the property to allow a mini -storage facility. RECOMMENDATION: Plannina Commission and Staff Recommendation (Auaust 24. 2016): Denial of the change of zoning from the "CN -1" Neighborhood Commercial District and the "CG -2" General Commercial District to the "CG -2" General Commercial District, and, in lieu thereof, approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit, subject to the Owner complying with the following conditions and the conceptual site plan. Use: The only use allowed on the Property other than uses permitted in the base zoning districts is a mini -storage facility and related accessory uses. 2. Setbacks: The storage of boats and campers, a permitted accessory use to mini -storage, and the location of dumpsters shall be limited to the west half of the Property. 3. Access: Access shall be limited to the west portion of the property fronting Corsica Road. 4. Building Design: Any buildings constructed within 260 feet of Corsica Road shall have a non-metal facade. Mini -storage buildings shall be prohibited from having doors/openings facing residential uses. 5. Screening Fence: A minimum six-foot tall solid wood screening fence is required to be constructed, remain in place, and maintained between the mini - storage facility and the residential uses. 6. Buffer Yard: A 15 -foot wide buffer yard and 15 buffer yard points shall be required along the property boundaries adjacent to residential zoning districts. Trees and shrubs shall be planted, remain in place, and be maintained between the mini -storage facility and the residential uses. A continuous line of shrubs shall border the fence. A canopy or understory tree other than palm trees shall be planted every 50 feet on center within the buffer yard. 7. Lighting: All lighting shall be shielded to direct light downward and pole lights shall be of the full cut-off type. Freestanding pole lights are prohibited within 50 feet of the property line of a residential use. No light source shall exceed the roof height of the buildings on site or 15 feet, whichever is more restrictive. 8. Building Height: Buildings, excluding the office, shall not exceed 15 feet where adjacent to a single-family residential use. Otherwise, the maximum building height shall be 35 feet. Boat and camper storage is limited to the west half of the Property and shall not be considered "adjacent" to single-family residential uses. 9. Hours of Operation: The hours of operation for the public shall be limited from 6 AM to 10 PM Sunday through Thursday and from 6 AM to 11 PM on Friday and Saturday. 10. Signage: Freestanding signage shall be limited to the west portion of the property fronting on Corsica Road. Wall signs shall not be oriented toward the east. 11. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Vote Results For: 9 Against: 0 Absent: 0 BACKGROUND AND FINDINGS: The applicant is requesting a rezoning from the "CN -1" Neighborhood Commercial and "CG -2" General Commercial Districts to the "CG -2" General Commercial District to allow the construction of a mini -storage facility. The majority of the property is zoned "CN -1" Neighborhood Commercial District. A mini -storage facility is not considered a neighborhood commercial use. The Planning Commission and Staff recommend retaining the "CN -1" Neighborhood Commercial District and granting a Special Permit. The applicant agrees with the Special Permit as proposed. The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "CG -2" General Commercial District is consistent with the adopted Future Land Use Plan's designation of the property as commercial but is not consistent with the Southside Area Development Plan or the Corpus Christi Policy Statements concerning land use compatibility and protection of neighborhoods. While the Comprehensive Plan does designate the property for commercial use, the mini -storage use directly abutting a low density residential area is incompatible. In 2014, the property was rezoned and the owner agreed that only the property fronting South Staples Street should be zoned "CG -2" and the remainder would be "CN -1" to protect the neighborhoods. A "CG -2" District would allow uses that are not compatible with the surrounding residential subdivision and, as proposed, could potentially increase traffic through residential areas on Corsica Road. A Special Permit with conditions to increase compatibility with the neighborhood would be consistent with City plans and policies. ALTERNATIVES: 1. Deny the ""CG -2" General Commercial District and, in lieu thereof, approve the "CN- 1/SP" Neighborhood Commercial District with a Special Permit (As Recommended by the Planning Commission and Staff) 2. Approve the requested "CG -2" General Commercial District (Requires 3/4 vote) 3. Deny the request OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "CG -2" General Commercial District is consistent with the adopted Future Land Use Plan's designation of the property as commercial but is not consistent with the Southside Area Development Plan or the Corpus Christi Policy Statements concerning land use compatibility and protection of neighborhoods. The recommended Special Permit with Neighborhood Commercial zoning would comply with City plans and policies. 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 -SP Ordinance -CG -2 Presentation - Aerial Map Planning Commission Final Report PLANNING COMMISSION FINAL REPORT Case No. 0716-06 HTE No. 16-10000021 Planning Commission Hearing Date: August 24, 2016 (Continued from August 10, 2016) Applicant/Owner: Corner Strong Limited Representative: Kamran Zarghouni QLegal Description/Location: Being a 4.99 -acre tract of land of which 4.52 •Q (D .c acres is out of Lots 17, 18, 31 and 32, Section 11, Flour Bluff and Encinal a ,a u) Farm Garden Tracts and 0.47 acres is out of Lot 11, Block 2, Barclay Grove o Unit 11, located on the east side of South Staples Street (FM 2444) between Corsica Road and Timbergate Drive. From: "CN -1" Neighborhood Commercial District and "CG -2" General Commercial District 'o s To: "CG -2" General Commercial District N Area: 4.89 acres Purpose of Request: To allow a mini -storage facility. Existing Zoning Existing Land Use Future Land Use District "CN -1" Neighborhood Site Commercial and "CG -2" Vacant Commercial General Commercial "RM -1" Multifamily 1 Medium Density North and "CN -1" Vacant and Medium Residential and a� y Neighborhood Density Residential Commercial •E ? Commercial "RS N° -6" Single -Family 6 "CN Low Density M South and -1" Vacant and Low Residential and Neighborhood Density Residential Commercial Commercial Lu "RS -6" Single -Family 6 "RS Low Density Low Density East and -4.5" Single- Residential Residential Family 4.5 "CN -1" Neighborhood West Commercial and "CG -2" Vacant Commercial General Commercial Area Development Plan: The subject property is located within the 06 y boundaries of the Southside Area Development Plan and is planned for M c commercial uses. The proposed rezoning to the "CG -2" General Commercial ' District is consistent with the adopted Future Land Use Map but is not a o consistent with the policies in the Southside Area Development Plan. Q Map No.: 0440032 Zoning Violations: None c Transportation and Circulation: The subject property has approximately 60 feet of street frontage along Corsica Road, which is a Residential Collector c street. It should be noted that the owner of the subject tract also owns CL abutting property that fronts onto South Staples Street with a street frontage N of approximately 400 feet. Under this proposal the applicant intends all c� vehicular access to use Corsica Road. Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type (2013) South Staples "AY Primary 130' ROW 95' ROW 17,712 L Street Arterial Divided 95' paved 64' paved ADT N Corsica Residential 60' ROW 60' ROW N/A Road Collector 40' paved 40' paved Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CN -1" Neighborhood Commercial and "CG -2" General Commercial Districts to the "CG -2" General Commercial District to allow the construction of a mini -storage facility. The majority of the property is zoned "CN -1" Neighborhood Commercial District. A mini - storage facility is not considered a neighborhood commercial use. Development Plan: The proposed rezoning is within a high growth area abutting or near the Barclay Grove and Boardwalk Subdivisions. The applicant is proposing a mini - storage facility on a 4.99 -acre tract of land. The proposed mini -storage will consist of one storage building containing 6,300 square feet and seven storage buildings containing 10,500 square feet each. The facility would also include an office building with approximately 1,350 square feet. At a minimum, the Unified Development Code would require a 20 -foot wide front yard on Corsica Road. A buffer yard of 15 feet with 15 points would be required along the property lines abutting the "RS -6" Single -Family 6 District and the "RS -4.5" Single -Family 4.5 Districts. The applicant proposes that no storage unit doors would face the single-family development to the east, but the same protection is not shown for the single-family development to the south. The "CG -2" District does not require this kind of mitigation. This kind of stipulation could only be required through a Special Permit or Planned Unit Development Overlay. Existing Land Uses & Zoning: The subject property is vacant and zoned "CN -1" Neighborhood Commercial and "CG -2" General Commercial. The subject property was part of a larger rezoning in July 2014, which included the applicant's property to the west abutting South Staples Street. In 2014, it was agreed that only the property fronting South Staples Street should be zoned "CG -2" and the remainder would be "CN - 1" to protect the neighborhoods. North of the subject property, is vacant land zoned "CN -1" Neighborhood Commercial District and an apartment complex zoned "RM -1" Multifamily 1 District. South of the subject property is a residential subdivision with two single-family homes under construction and zoned the "RS -6" Single -Family 6 District and vacant land zoned "CN -1" Neighborhood Commercial District. East of the subject property is single-family subdivision zoned "RS -4.5" Single-family 4.5 District which was developed by the applicant. West of the subject property is vacant land zoned with the "CN -1" Neighborhood Commercial District on Corsica Road and the "CG -2" General Commercial District on South Staples Street. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "CG -2" General Commercial District is consistent with the adopted Future Land Use Plan's designation of the property as commercial but is not consistent with the Southside Area Development Plan or the Corpus Christi Policy Statements concerning land use compatibility and protection of neighborhoods. Additionally, the following are pertinent elements of the Comprehensive Plan that should be considered: - Commercial uses adjacent to existing or proposed residential areas should be buffered or use sensitive in design. (Comprehensive Plan, Residential Policy Statement c.) - Incompatible industrial and commercial land uses should not abut residential areas. (Comprehensive Plan, Residential Policy Statement i.) - Expansion of commercial uses into or within residential areas may be permitted only if such expansion maintains or improves the residential desirability of the impacted neighborhood (Comprehensive Plan, Commercial Policy Statement d). - New high-intensity commercial developments without adequate transition or buffering should be discouraged from locating directly adjacent to low -intensity residential areas. (Southside Area Development Plan, Policy Statement B.7) Plat Status: The subject property is not platted and will need to be platted before a building permit is issued. Department Comments: • The proposed rezoning deviates from the Comprehensive Plan: o While the Comprehensive Plan does designate the property for commercial use, the mini -storage use directly abutting a low density residential area is incompatible. o Buffering could help to mitigate the incompatible abutment of the facility against the residential area, but the access drive to Corsica Road will be a direct abutting access drive without much potential for buffering. o Another possible method to mitigate incompatibility would be to require that no mini -storage units face a residentially zoned property, any outside storage of boats, recreational vehicles or another vehicle should be screened from abutting residentially zoned property behind a storage building; and No operation of boat engines on-site. • Other vacant land with "CG -2" zoning exists in the immediate vicinity. • In 2014, the property was rezoned and the owner agreed that only the property fronting South Staples Street should be zoned "CG -2" and the remainder would be "CN -1" to protect the neighborhoods. • A "CG -2" District would allow uses that are not compatible with the surrounding residential subdivision and, as proposed, could potentially increase traffic through residential areas on Corsica Road. • The property owner of the mini -storage unit site owns the adjacent undeveloped, unplatted property fronting South Staples Street. The access drive incompatibility as proposed next to the developing residential subdivision could be solved by providing an access route to South Staples. • The proposed layout with access to Corsica Road would create a "panhandle" lot, which the UDC discourages unless the panhandle lot serves a public purpose. o The access drive to South Staples would also create a "panhandle" lot. Two public purposes could be accomplished through a panhandle lot to South Staples: 1. The access to South Staples would not directly abut a residential subdivision; and 2. The City could require on the plat a note that the owner of the panhandle lot shall allow abutting property owners driveway access via the panhandle portion of the lot at South Staples Street; which maybe the case as Staples is a TxDOT right-of-way and TxDOT is stricter about requiring shared d riveways. • Staff's opinion is that a mini -storage facility does not increase the residential desirability of this neighborhood, which is one of the findings required of the Comprehensive Plan when deciding which commercial uses to allow within residential areas. Planning Commission and Staff Recommendation: Denial of the change of zoning from the "CN -1" Neighborhood Commercial District and the "CG -2" General Commercial District to the "CG -2" General Commercial District, and, in lieu thereof, approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit, subject to the Owner complying with the following conditions and the conceptual site plan. Use: The only use allowed on the Property other than uses permitted in the base zoning districts is a mini -storage facility and related accessory uses. 2. Setbacks: The storage of boats and campers, a permitted accessory use to mini -storage, and the location of dumpsters shall be limited to the west half of the Property. 3. Access: Access shall be limited to the west portion of the property fronting Corsica Road. 4. Building Design: Any buildings constructed within 260 feet of Corsica Road shall have a non-metal fagade. Mini -storage buildings shall be prohibited from having doors/openings facing residential uses. 5. Screening Fence: A minimum six-foot tall solid wood screening fence is required to be constructed, remain in place, and maintained between the mini - storage facility and the residential uses. 6. Buffer Yard: A 15 -foot wide buffer yard and 15 buffer yard points shall be required along the property boundaries adjacent to residential zoning districts. Trees and shrubs shall be planted, remain in place, and be maintained between the mini -storage facility and the residential uses. A continuous line of shrubs shall border the fence. A canopy or understory tree other than palm trees shall be planted every 50 feet on center within the buffer yard. 7. Lighting: All lighting shall be shielded to direct light downward and pole lights shall be of the full cut-off type. Freestanding pole lights are prohibited within 50 feet of the property line of a residential use. No light source shall exceed the roof height of the buildings on site or 15 feet, whichever is more restrictive. 8. Building Height: Buildings, excluding the office, shall not exceed 15 feet where adjacent to a single-family residential use. Otherwise, the maximum building height shall be 35 feet. Boat and camper storage is limited to the west half of the Property and shall not be considered "adjacent" to single-family residential uses. 9. Hours of Operation: The hours of operation for the public shall be limited from 6 AM to 10 PM Sunday through Thursday and from 6 AM to 11 PM on Friday and Saturday. 10. Signage: Freestanding signage shall be limited to the west portion of the property fronting on Corsica Road. Wall signs shall not be oriented toward the east. 11.Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Number of Notices Mailed — 25 within 200 -foot notification area 0 7 outside notification area 0 As of August 30, 2016: In Favor — 0 inside notification area o — 0 outside notification area z 0 In Opposition — 0 inside notification area a — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan 3. Site Plans for Surrounding Properties 4. Proposed Subdivision Plat 5. Application 6. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0716-06 Corner Strong, Ltd\Council Documents\Report for CC_0716-06 Corner Strong 08-19- 2016.docx S-6 P/94-1 C N-1 / SP/99-07 CN- m N CG - C N - 1 c0ipsj\ q Rp 13 25 5 Ni 24 0 2 RN N 2 M 20 14 6 o RS-�4751gaoo CASE: 0716-06 ZONING & NOTICE AREA RM -1 Multifamily 1 IL Light Industrial RM -2 Multifamily 2 IH Heavy Industrial RM -3 Multifamily 3 PUD Planned Unit Dev. Overlay ON Professional Office RS -10 Single -Family 10 RM -AT Multifamily AT RS -6 Single -Family 6 CN -1 Neighborhood Commercial RS -4.5 Single -Family 4.5 CN -2 Neighborhood Commercial RS -TF Two -Family CR -1 Resort Commercial RS -15 Single -Family 15 CR -2 Resort Commercial RE Residential Estate CG -1 General Commercial RS-TH Townhouse CG -2 General Commercial SP Special Permit Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home CR -3 Resort Commercial FR Farm Rural N q N N H Historic Overlay BP Business Park CN - 11 CG -2 4 12 RM -1 21 16 22 RS -6 17 19 3 10 7 18 N )-6 9 23 M M q M 15 0 7 M M A. M N 2 z ry `A. v M N q N N r� N M V Date 800M Pre Feet epa m�t of M S LOCATION MAP rNUi City of Corpus Christi 6' TO 8' WOOD PRIVACY FENCE • NOTE: 15'-0" LANDSCAPE BUFFER ALONG RESIDENTIAL BOU NDRIES AS REQUIRED 0w weww*0**sows 044 sew* 0 0 we 30'- 000000000000000000000000 DRIVE WAY AND FIRE AC CES5�NLY NO STORAGE UNITS OPENING ON`,THIS END OF UNITS 7 30'-0 7 30'-0' 7 30'-0" BUILDING 50' X 70 30'-0 BUILDING 1 35'X78' RV STORAGE NOTE: 15'-0" LANDSCAPE BUFFER ALONG RESIDENTIAL BOU NDRIES AS REQUIRED NOTE: ALL LIGHTING TO HAVE SHEILD PROTECTORS OR DIRECTED DOWNWARDS 10.0' UE PROPOSED ENGINEER TO VERIFY EDGE OF 2.4 ACRE LOT CHECK IN TRUCK TRUCK/TRAILER PARKING PARKING AREA LOADING SPACE 1 80' X 34' BUILDING OFFICE/RETAIL 10' HIGH BUILDING rW- PLATE / SEE 4.28.0 ACCESS DRIVE 24'-0" MIN REQ'D PA ING o EXISTING WOOD PRICACY FENCE TO REMAIN 9 ALL VEHICLE OR RV STORAGE TO BE ON LOWER SIDE OF PROPERTY TOWARDS STAPLES STREET DOMRSTER BUILDING 2 150' X 70' DU46STER 6' TO 8' WOOD P VACANT PROPERTY SHARED PARKING AGREEMENT AS REQUIRED PROPOSED 20.0' AREA YARD POLE SIGN LINE OPTIONAL 20.0' TALL DRIVEWAY REQUIRMENT5 FUTURE AS PER CM' ODES ACCESS 6' TO 8' WOOD PRIVACY FENCE NOTE: ALL LANDSCAPING AND ACCESS TO BE 5ARIFIED ACCORDING TO CITY OF CORPUS CHRISTI CODE REQUIREMENTS PROPOSED AREA OF REPEAT FOR SERVICE DRIVE TO STORAGE UNITS FROM CORSICA DRIVE SHARED DRIVEWAY OPENING TO CORSICA DRIVE 24'-0' MIN WITH 10'-0" FLAIR DESIGN PER CODE APPROX 268 PARK CAN MOVE REAS SPACES TO N, SPACES L psARKI CREASE couLp REDUCE PARKING OR RESIDE UAL ZONING EDGE OF 2A VORE LOT QcGfSs pRVE CAULD E LESS BENEKT p VERIFIED O COR"RESIDENTIAL SUBDIVISION 0'X 45 OFF GE o SO: T, j U I I I I I I L 1 -97 ACRES Potential Site Plans for Surrounding Properties ❑■ Potential Site Plans for Surrounding Properties TOC#20N4029996 1.73 Acres. 75217.74 Sq.ft. 1.30 Acres. R 4.86 Acres. 211541.76 Sq.ft. zs B2 M.I N.CT. 8zs- LOT 15 4.85 Acres. 5/s- 7211268.30 Sq.ft. '16 �° o / ITT 1/ R 111121121 �oIP R. N� DtiR LIEN TNaT8 IN LOT 11R ET 5/e 3 1.34 Acres. 58463.10 Sq.ft. sd726 e 7 ry� s Nabu� wNR AN re 5 i $ s try oih^� ' \ 5/s'0 `� \ � � 1 N MEEro AE ""' AREA cONTAIxs e22 ACRES o SND. v ,) Ax3/ TdIAME— er EE RE.. PIA: Z. AT _ caRN�. L- Sre RED SET IM PuSac 27 s \ R .a�003 I SIRANCE RATE IM, M / C. TENehr 1.27-5 ANEL �NCET 1—ATE I ITYSON xME PART OF � 32 } � \ 25 METY E5JR1iRM2 ANOT REA aF'UU, RaoDixa MATS RGooSTA// // 1 \ 2/ 41 PVNS COORDINATE SYSIEN OF19e]. TO 1ESOUTHSZONE. \ / GRAPHIC SCALE za ') PTMROPflERnNSOME OSSO FBnY Bn STORM MWA R RUNOFF FROM MIS too D too 200 300 THE AauAnc uFE FOR rxE oso n:=Ex, euT°rHissREor�a— AT OIRECRY INTO aME ORO BAY. ME rCEA HAS CPnON ED ME Scale: I = 100 feet A00 TC _ S FORAnd THE a5a BAv AS 'Ex¢PaaxAi' AxDS 'CONTACT f£CrfAIION' USE.ffO ME AECEiwxa WATER A \ e) rx RECUREMENT, AS DEPICTED, IS A REQUIREMENT UP AS THE ZONINOMYAY dl�if£.D is SUBdf<r TO Ij "" xtEIvnM ME PEDu uC OPENEso�WAl REtliSu ec r�DURm OUMNO THE EU -N. TERN T PHng.s 8) DRIVEVAYS ONTO SaUTR STARES ST. (FM 244) MUST REMILADON. Txaai s TRAFAE ACCESS MAxn(EMExT PVN A/ ASITE VICINITY MAP NOT TO SCALE PLAT OF: BARCLAY GROVE UNIT 11 BLOCK 2 - LOTS 11 R, 13, 14 AND 15 BEING A PLAT OF A 7.61 ACRE TRACT OF LAND AS DESCRIBED IN DOCUMENT NUMBER 2016007669, OFFICIAL PUBLIC RECORDS, NUECES COUNTY, TEXAS AND BIENG PART OF LOT 17 AND LOT 32 OF SECTION 11 OF THE w/DRR A PLAT RECORDED IN VOLUME A, PAGES 41-42 MAP STATE OF TEXAS RECORDS NUECES COUNTY, TEXAS, AND A REPLAT OF LOT 11 - BLOCK 2 OF THE BARCLAY GROVE UNIT 11, COUNTY OF NUECES A'/u/ / THE MAP RECORDS OF NUECES COUNTY, TEXAS. This final plat of the herein described property was G a approved on behalf of the City of Corpus Christi, 14 Q`y/a py s/e .a 1.300 Acres. � 56610.00 Sq.ft. (ij /o/ N67?sepy'f STATE OF TEXAS This the_______ day of _____________ 2016. COUNTY OF NUECES COUNTY OF NUECES I,CORNER STONG LIMITED. owner, hereby certify that I We Blanch Fernandez and Johnny Fernandez are the m part o her of Lot 13, 14 & 15 who owns the LOT 13 1.73 Acres. boundaries of the foregains plot; that we have 4T. 5A/sR. 75147.08 Sq.ft. /p/urea N foregoing plat; that we have s rvey and subdivided rvey and subdWided as shown; that street shown ue M. A.I.C.P. Director of Development SerN<es / /C° h" N se for the installation, operation and use of public /rte °� utilities; and that this map was made for the g �Qa T END,5/re"rR. rte° TOC#20N4029996 1.73 Acres. 75217.74 Sq.ft. 1.30 Acres. R 4.86 Acres. 211541.76 Sq.ft. zs B2 M.I N.CT. 8zs- LOT 15 4.85 Acres. 5/s- 7211268.30 Sq.ft. '16 �° o / ITT 1/ R 111121121 �oIP R. N� DtiR LIEN TNaT8 IN LOT 11R ET 5/e 3 1.34 Acres. 58463.10 Sq.ft. sd726 e 7 ry� s Nabu� wNR AN re 5 i $ s try oih^� ' \ 5/s'0 `� \ � � 1 N MEEro AE ""' AREA cONTAIxs e22 ACRES o SND. v ,) Ax3/ TdIAME— er EE RE.. PIA: Z. AT _ caRN�. L- Sre RED SET IM PuSac 27 s \ R .a�003 I SIRANCE RATE IM, M / C. TENehr 1.27-5 ANEL �NCET 1—ATE I ITYSON xME PART OF � 32 } � \ 25 METY E5JR1iRM2 ANOT REA aF'UU, RaoDixa MATS RGooSTA// // 1 \ 2/ 41 PVNS COORDINATE SYSIEN OF19e]. TO 1ESOUTHSZONE. \ / GRAPHIC SCALE za ') PTMROPflERnNSOME OSSO FBnY Bn STORM MWA R RUNOFF FROM MIS too D too 200 300 THE AauAnc uFE FOR rxE oso n:=Ex, euT°rHissREor�a— AT OIRECRY INTO aME ORO BAY. ME rCEA HAS CPnON ED ME Scale: I = 100 feet A00 TC _ S FORAnd THE a5a BAv AS 'Ex¢PaaxAi' AxDS 'CONTACT f£CrfAIION' USE.ffO ME AECEiwxa WATER A \ e) rx RECUREMENT, AS DEPICTED, IS A REQUIREMENT UP AS THE ZONINOMYAY dl�if£.D is SUBdf<r TO Ij "" xtEIvnM ME PEDu uC OPENEso�WAl REtliSu ec r�DURm OUMNO THE EU -N. TERN T PHng.s 8) DRIVEVAYS ONTO SaUTR STARES ST. (FM 244) MUST REMILADON. Txaai s TRAFAE ACCESS MAxn(EMExT PVN A/ ASITE VICINITY MAP NOT TO SCALE PLAT OF: BARCLAY GROVE UNIT 11 BLOCK 2 - LOTS 11 R, 13, 14 AND 15 STATE OF TEXAS COUNTY OF NUECES I, Kara Sands, clerk of the County Court in and ME said County, do hereby certifity that the foregoing instrument dated the day of _________. 2016 at ________ -clock ____—M. and duly recorded the _ ______day of __________ 2016, at _ o'clock _ __—M. in said Caun ty in Volume _ . Page ______— Map Records. No. Filed for Record By. O Karo Sands, At______oclock _ —M. Clerk County Court _____________ 2016 Nu.— County, Texas STATE OF TEXAS COUNTY OF NUECES I, Jarrel L. Moore, a registered professional land surveyor far Texas Geo Tech Land Surveying, Inc. hereby certify that the foregoing plat w s prepared from a u rvey made on the ground under my direct supervision and istrue and correct to the best of my knowledge and belief; That Texas Gea Tech Land Surveying Inc. has been engaged under contract to set all Lot and Block corners and complete such operation without delay. This the_______ day of _____________ 2016 Jarrel L. Macre Registered Professional Land Surveyor No. 4854 TEXAS CEO TECH LAND SURVEYING, INC 5525 SOUTH STAPLES — SUITE B2 Corpus Christi, TX 78411 (361) 993-0808 F.E. (361) 993-2955 JOB #: 160514 BEING A PLAT OF A 7.61 ACRE TRACT OF LAND AS DESCRIBED IN DOCUMENT NUMBER 2016007669, OFFICIAL PUBLIC RECORDS, NUECES COUNTY, TEXAS AND BIENG PART OF LOT 17 AND LOT 32 OF SECTION 11 OF THE FLOUR BLUFF D, ENCINAL FARM AND GARDEN TRACTS, A PLAT RECORDED IN VOLUME A, PAGES 41-42 MAP STATE OF TEXAS RECORDS NUECES COUNTY, TEXAS, AND A REPLAT OF LOT 11 - BLOCK 2 OF THE BARCLAY GROVE UNIT 11, COUNTY OF NUECES RECORDED IN VOLUME 68, PAGES 302 - 303 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS. This final plat of the herein described property was approved on behalf of the City of Corpus Christi, Texas by the Department of Development Services. STATE OF TEXAS STATE OF TEXAS This the_______ day of _____________ 2016. COUNTY OF NUECES COUNTY OF NUECES I,CORNER STONG LIMITED. owner, hereby certify that I We Blanch Fernandez and Johnny Fernandez are the m part o her of Lot 13, 14 & 15 who owns the owners of Lot 11R property embraced within the property embraced within the boundaries of the boundaries of the foregains plot; that we have Daniel Grimsho P.E., foregoing plat; that we have s rvey and subdivided rvey and subdWided as shown; that street shown ue M. A.I.C.P. Director of Development SerN<es shown; that street shown are dedicated to the r public use forever, that a cements a shown a e detlicated to the public use forever; that oseme,is a shown are dedicated to the public detlicated to the public use for the installation, se for the installation, operation and use of public operation and u of public utilities; and that this utilities; and that this map was made for the map w made for the purpose of description and purpose of description and dedication. dedication. This the_______ day of _____________ 2016. This the_______ day of _____________ 2016. KAMRAN ZARCHOUNI, Owner Blanch Fernandez, Owner STATE OF TEXAS COUNTY OF NUECES BLANCH FERNADEZ, Owner Johnny Femandez, Owner This final plat of the herein described property was STATE OF TEXAS STATE OF TEXAS opproved by the department of Oevelopment Services Engineer of the City of Corpus Christi, Texas. COUNTY OF NUECES COUNTY OF NUECES This instrument was acknowledged before me by This instrument was acknowledged before me by Blanch This the_______ day of _____________ 2016. CORNER STRONG LIMITED Fernandez and Johnny Fernandez. This the_______ day of _____________ 2016. This the_______ day of _____________ 2016. Ratno P-itumuthu, P.E, Leed AP Development Services Engineer Notary Public in and for the State of Texas Notary Public in antl for [h< State of Texas STATE OF TEXAS COUNTY OF NUECES I, Kara Sands, clerk of the County Court in and ME said County, do hereby certifity that the foregoing instrument dated the day of _________. 2016 at ________ -clock ____—M. and duly recorded the _ ______day of __________ 2016, at _ o'clock _ __—M. in said Caun ty in Volume _ . Page ______— Map Records. No. Filed for Record By. O Karo Sands, At______oclock _ —M. Clerk County Court _____________ 2016 Nu.— County, Texas STATE OF TEXAS COUNTY OF NUECES I, Jarrel L. Moore, a registered professional land surveyor far Texas Geo Tech Land Surveying, Inc. hereby certify that the foregoing plat w s prepared from a u rvey made on the ground under my direct supervision and istrue and correct to the best of my knowledge and belief; That Texas Gea Tech Land Surveying Inc. has been engaged under contract to set all Lot and Block corners and complete such operation without delay. This the_______ day of _____________ 2016 Jarrel L. Macre Registered Professional Land Surveyor No. 4854 TEXAS CEO TECH LAND SURVEYING, INC 5525 SOUTH STAPLES — SUITE B2 Corpus Christi, TX 78411 (361) 993-0808 F.E. (361) 993-2955 JOB #: 160514 v WE •�: REZONING APPLICATION >% Case No.: 0716-06 Map No.: 044032 O PC Hearing Date: July 27, 2016 Proj.Mgr: w t/1 Hearing Hearing Location: Ci Hall Council Chambers 1201 Leopard Street Development Services Dept. P.O. Box 9277 U Time: 5:30 p.m. Corpus Christi, Texas 78469-9277 (361) 826-3240 11= 0 *A MAXIMUM OF FIVE R1=ZONINGS CASESARE SCHEDULED PER HEARING. Located at 2406 Leopard Street * INCOMPLETE APPLICATIONS WILL NOT BEACCEPTED. 1. Applicant: r mer 9+ror bio)—ifbio)-ifj Contact Person: kAti'`n9AM ZMeC-f 10V M- ki Mailing Address: 94l-7L(CO�n`fi� R C� S j city: Cal pState.--TX ZIP:--B`� < Phone: ( )72-9- 20S-2 E-mail: Y V cell: 3r �0 r2- 2. Property Owner(s): Cor U Br -< �s L-ty%) Contact Person -dl Z4,e &HDUN-' Mailing Address: 9-1-W �rn7- 1 City: corallI GState: ZIP: Phone:3�WF- 7b6 E-mail: Cell: �D 3. Subject Property Address: S• STia PLf ST' P-0. Area of Request (SF/acres): Current Zoning & Use: C ki - I Proposed Zoning & Use: C- 12 -Digit Nueces County Tax ID: CC) u L( - d Z - O' ? I ��/ 7 ` Ga ! - " U l8 U Subdivision Name:. // Block: Z Lot(s): [ f LUvt2 t�UUFl- Awo 0,U 'elf lyrlC t=AvZk" A-Ajo c-) >*42-66-&) "T(R,4c0f 5e,�--7om 11 tq , ZO, Legal Description if not platted: z, �Z 4. Submittal Requirements: [1'€arlyAssistance Meeting: Date Held^'Z- 1 ; with City Staff ��(�.� !S �4N & 'and Use Statement [ Disclosure of Interest Copy of Warranty Deed IFAPPLICABLE: -Peak Hour Trip Form (if request is inconsistent with Future Land Use Plan) ❑ Site Plan for PUD or Special Permit [9-g+letes & Bounds Description with exhibit if property includes un -platted land (sealed by RPLS) ❑ Lien Holder Authorization LR Appointment of Agent Form if landowner is not signing this form I certify that I have provided the City of Corpus Christi with a complete application for review, that [ am authorized to initiate this rezoning as or on ehalf of the Property O ner(s); and the information provided is accurate. Owner or Agent'blTidnature Applicant's Signature �jAlJGff FE�dIofAND�Z �/Alt'►�,4nizi4fi?G!-lcy.N1 Owner or Agent's Printed Name Applicant's Printed Name Office Use Only: Date Received: 6-24-16 Received By: ADP: Rezoning Fee: 1699 5U + PUD Fee 0 + Sign Fee Total Fee 1712.50 No. Signs Required _@ $101sign Sign Posting Date: PMEVELOPMENTSVCSISHAREMLAND OEVELOPMZNNIW,PPLICATION FORMSRQONINGIZONINGAPPLICATION 2015.DOC Form Revised 5/12/2015 LAND USE STATEMENT State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)lunit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. The purpose of this request to re -zone a 4.89 acre tract of land from its current CN -1 Neighborhood Business zoning to the CG -2 General Business zoning, to allow development and use of the property as a self service storage (mini warehouse) facility. The property is currently vacant and used for agricultural purposes. The proposed self storage development would include 8 storage buildings, 1 with approximately 6,300 square feet of area, and 7 with approximately 10,500 square feet of area each. The proposed development would also include an office building of approximately 1,350 square feet in floor area. All proposed structures would be single story, and sited to provide all required set back clearances. Parking will be provided in accordance with the applicable sections of the Unified Development Code. 2. Identify the existing land uses adjoining the area of request: North - 1 c_�a,�, -r .-lo n 0., n4 i, /ze-,4 L South - \/Acs,,, -r- .tar+ Cejen r, 42 rr_c, <'L East - S I uG t.p 1* AvA, C,—, 6s rr�, F, rJ-r-r 4_1_ West - Oo vmm I -re ,,, t C:IUSERS\TANYAR.ODOIDESKTOPTAILY USEANNIKAILAND USE STATEMENT FOR ZONING.DOC ✓ I FIRM is:QCorporation 0Partnership 0Sole Owner 0Association 0Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if [mown) ----IUL,4 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title A21 Ld 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 IV Board, Commission, or Committee 1 V /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 Iva 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, T xas as changes occur. Certifying Person: �Mn �Cv�� � /Jl/�Df% Sar e: 29121) IZ 5 (Print Name) Signature of Certifying Person: �iLC' ��C,!% �Date: KADEVELOPMENTSVCSLSHAREDILAND DEVELOPMENTIAPPLICATION FDRMSIREZONINMDISCLOSURE OF INTERESTS STATEMENT 5.12.2015.DOC APPOINTMENT OF AGENT As owner of the subject property, I hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: 7 k 4-S 6"7 Ga I `� Mailing Address: S 5 Z S S, S �' A P I__ c- S ST• _ City: Co fL(2( )s C N iZ 1 r> 1 � State: 77 Zip: 7�� i l� Home Phone: ( 1 Business Phone: )9q'> -05o °n Cell:( ) I acknowledge and affirm that I will be legally bound by the words and acts of my agent, and by my signature below, I fully authorize my agent to: Be the point of contact between myself and the City of Corpus Christi; snake legally binding representations of fact and commitments of every kind on my behalf; grant Iegally binding waivers of rights and releases of liabilities of every kind on my behalf; consent to legally binding modifications; conditions, and exceptions on my behalf; and, to execute documents on my behalf which are legally binding on me. I understand that the City of Corpus Christi will deal only with a fully authorized agent. At any time it should appear that my agent has less than full authority to act, then the application may be suspended and I will have to personally participate in the disposition of the application. I understand that all communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, I agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising from this matter. If my property is owned by a corporation, partnership, venture, or other legal entity, then I certify that I have the legal authority to make this binding appointment on behalf of the entity, and every reference herein to CT', "my", or "me" is a refe ee to the entity, t j *Signature of Agent: G c.� „ Title:�oSt?UT Printed/Typed Name of Agent: T as iES Date: a -1l6 ~ ! b v," *Signature of Property Owner: Printed/Typed Name of Property Owner: � it - �"/'IC�!? �. Date: - —1� r � � *Signature of Property Owner: Title: fl-Z�5.v9 etvM� Printed/Typed Name of Property Owner: r Date: IL *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Application must be signed by the individual applicant, each partner of a partnership, or by an authorized officer of a corporation or association. D.W.Brown.APPOINTMENT OF AGENn-19-09.doc Ordinance amending the Unified Development Code ("UDC"), upon application by Corner Strong, Ltd ("Owner"), by changing the UDC Zoning Map in reference to a 4.99 -acre tract of land of which 4.52 acres is out of Lots 17, 18, 31 and 32, Section 11, Flour Bluff and Encinal Farm Garden Tracts and 0.47 acres is out of Lot 11, Block 2, Barclay Grove Unit 11, from the "CN -1" Neighborhood Commercial District and "CG -2" General Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Corner Strong, Ltd. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 27, 2016, and on Wednesday, August 24, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning from the "CG -2" General Commercial District and "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District and, in lieu thereof, approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit, and on Tuesday, September 20, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Corner Strong, Ltd. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 4.99 -acre tract of land of which 4.52 acres is out of Lots 17, 18, 31 and 32, Section 11, Flour Bluff and Encinal Farm Garden Tracts and 0.47 acres is out of Lot 11, Block 2, Barclay Grove Unit 11, located on the east side of South Staples Street (FM 2444) between Corsica Road and Timbergate Drive (the "Property"), from the "CG -2" General Commercial District and "CN -1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit (Zoning Map No. 044032), as shown in Exhibits "A," "B," and "C." Exhibit A, which is a metes and bounds description of the Property, Exhibit B, which is a map to accompany the metes and bounds description, and Exhibit C, which is a conceptual site plan of the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the requirements of Exhibit C and the following conditions: Use: The only use allowed on the Property other than uses permitted in the base zoning districts is a mini -storage facility and related accessory uses. 2. Setbacks: The storage of boats and campers, a permitted accessory use to mini -storage, and the location of dumpsters shall be limited to the west half of the Property. 3. Access: Access shall be limited to the west portion of the property fronting Corsica Road. 4. Building Design: Any buildings constructed within 260 feet of Corsica Road shall have a non-metal fagade. Mini -storage buildings shall be prohibited from having doors/openings facing residential uses. 5. Screening Fence: A minimum six-foot tall solid wood screening fence is required to be constructed, remain in place, and maintained between the mini - storage facility and the residential uses. 6. Buffer Yard: A 15 -foot wide buffer yard and 15 buffer yard points shall be required along the property boundaries adjacent to residential zoning districts. Trees and shrubs shall be planted, remain in place, and be maintained between the mini -storage facility and the residential uses. A continuous line of shrubs shall border the fence. A canopy or understory tree other than palm trees shall be planted every 50 feet on center within the buffer yard. 7. Lighting: All lighting shall be shielded to direct light downward and pole lights shall be of the full cut-off type. Freestanding pole lights are prohibited within 50 feet of the property line of a residential use. No light source shall exceed the roof height of the buildings on site or 15 feet, whichever is more restrictive. 8. Building Height: Buildings, excluding the office, shall not exceed 15 feet where adjacent to a single-family residential use. Otherwise, the maximum building height shall be 35 feet. Boat and camper storage is limited to the west half of the Property and shall not be considered "adjacent" to single-family residential uses. 9. Hours of Operation: The hours of operation for the public shall be limited from 6 AM to 10 PM Sunday through Thursday and from 6 AM to 11 PM on Friday and Saturday. 10.Signage: Freestanding signage shall be limited to the west portion of the property fronting on Corsica Road. Wall signs shall not be oriented toward the east. Ordinance -SP- Corner Strong, Ltd Page 2 of 4 11. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. The change of zoning does not result in an amendment to the Future Land Use Map, an element of the Comprehensive Plan. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. Ordinance -SP- Corner Strong, Ltd Page 3 of 4 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the ATTEST: Rebecca Huerta City Secretary day of Nelda Martinez Mayor 20 Ordinance -SP- Corner Strong, Ltd Page 4 of 4 TexasGeoTech ENGINEERING &LAND SURVEYING, INC. EXHIBIT "A" Being a total of 4.99 acre tract of land of which 4.52 acres deeded to Corner strong limited, in Document file no. 2016007669 Official Public Records Nueces County, Texas and 0.47 acres out of Lot 11 - Block 2 Barclay Grove Unit 11 as per record in Volume 68 Page 302-303 of the Map Records of Nueces County, Texas and being out of Lots 17, 18, 31 & 32 Section 11 of the Flour Bluff & Encinal Farm Garden Tracts, a plat recorded in volume A, pages 41-42 map records Nueces County, Texas and being more particularly described by metes and bounds as follows; BEGINNING at a 518inch iron rod found southeast corner of said Lot 11, same being the southwest corner of Lot 1, of said Block 2 — Barclay Grove Unit 11, and being on the north right of way line of Corsica Road, said 518inch iron rod being the southeast corner of this tract; THENCE N 610 02' 30" W — with the north right of way line of said Corsica Road, a distance of 82.66 feet to a point for a corner of this tract; THENCE N 280 31' 45" E — being 60 feet parallel to the southeast lot line of said Lot 11, a distance of 262.87 feet to a point for the interior corner of this tract; THENCE N 610 28' 18" W — with the northeast lot line of said Lot 11, a distance of 211.32 feet to a point for the west — southwest corner of this tract; THENCE N 280 37' 23" E — a distance of 395.67 feet to a point on the north property line of said 7.61 acre tract, for the northwest corner of this tract; THENCE S 610 26' 53" E — with the north property line of said 7.61 acres, a distance of 494.99 feet to a 5/8inch iron found for the northwest corner of a tract deeded to Golden Real Estate & Construction Group Inc., recorded in Doc# 201203880 of the Official Public Records of Nueces County, Texas, and being the northeast corner of this tract; THENCE S 280 37' 53" W — with the west property line of said Golden Real Estate property, a distance of 395.47 feet to a 518inch iron rod found on the north lot line of Lot 6, said Block 2, and being the east southeast corner of this tract; THENCE N 61' 28' 18" W — with the north block line of said Block 2, a distance of 200.72 feet to a 518inch iron rod found for the northwest corner of Lot 9, of said Block 2 and being an interior corner of this tract; THENCE S 28' 34' 45" W — with the west lot line of said Lot 9 and said Lot 1, a distance of 263.49 feet to the POINT OF BEGINNING, and containing 4.99 acres of land, more or less. This field notes description constitutes a legal document, unless it appears in its entirety, in its original from, seat and signature, surveyor assumes no responsibility or liability a distance of its correctness. It is strongly recommended , a distance of the continuity of future surveys, that this document be incorporate in all future conveyances, without any revisions or deletions. July 29, 2076 760574-"A" doc JkAdl L. Moore Register Professional Land Surveyor License Number 4854 Is, JiRREl- L. E.• °p 4854 Q� JkAdl L. Moore Register Professional Land Surveyor License Number 4854 / / FND. 5/8" I.R. W/URBAN CAP OCEAN HARBOR II LLC. CALLED 7.61 AC. DOC#2014029996 O.R.N.C.T. 1179 01B04110G1 mi SET 5/8" I.R. 19, FND. 5/8" I.R. W/URBAN CAP 04 02, LOT 12- A (100 1Op ,a 1. Lin • X1.1181- "8" THE VILLAGE AT TIMBERGATE UNIT 1 BLOCK 1 - LOT2 VOL. 68 - PAGE 382 M. R. N. C. T. :•99. 4.99/ Acres. 21750,0.26 Sq. ft. X04 110, FND. 5/8" I.R. WiURBAN CAP 7(9 ••,. h3 to 01B04110G1 mi SET 5/8" I.R. LJ9 01M4110G1 ND. 5/8" I.R. W/URBAN CAP RAR REV r = 200' 01NT 67 w END. /8" 1 M V � \ 37 / GOLDEN REAL E, TA'TL & CONSTRUCTION CROUP DOC#201203880 O. P. R.b.C.T. 36 4 / / /// 39 17 ' 40 \V / X04 19 Lou X309 eC C 4IZ0G7 / 27 P/ 26 25 32 /i / 24 14 13 I, JARREL L. MOORE, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE, THIS PLAT RE— PRESENTS AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION AND SUBSTANTIALLY COMPLIES WITH THE MINIMUM STANDARDS �= D SURVEYING IN TEXAS AS SET FORTH BY THE TEXAS BOAR r�: 8��� AL LAND SURVEYORS THIS JULY 29, 2016. r �� • ��• • E L L. MOORE STERED PROFESSIONAL LAND SURVEYOR LICENSE No. 4854 2 SURVEY OF: A TOTAL OF 4.99 ACRE TRACT OF LAND OF WHICH 4.52 ACRES DEEDED TO CORNER STRONG LIMITED, IN DOCUMENT FILE No. 2016007669 OFFICIAL PUBLIC RECORDS NUECES COUNTY, TEXAS AND 0.47 ACRES OUT OF LOT 11 — BLOCK 2 BARCLAY GROVE UNIT 11 AS PER RECORD IN VOLUME 68 PAGE 302-303 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS AND BEING OUT OF LOTS 17, 18, 31 & 32 SECTION 11 OF THE FLOUR BLUFF & ENCINAL FARM GARDEN TRACTS, A PLAT RECORDED IN VOLUME A, PAGES 41-42 MAP RECORDS NUECES COUNTY, TEXAS. TEXAS GEO TECI.1 ENGINEERING & LAND SURVEYING, INC 5525 S. STAPLES ST. SUITE B2 Corpus Christi, TX 78411 (361) 993-0808 Fax (361) 993-2955 Completion Date: 07/29/2016 Checked by: VSM Scale: 1" = 200' File Name: 160514-1B" Drawn by: RC Surveyed by: JJ & NG NOTE: 15'-0" LANDSCAPE BUFFER ALONG RESIDENTIAL BOUNDRIES AS REQUIRED 6' TO 8' WOOD PRIVACY FENCE DRIVE WAY AND FIRE ACCESS pNLY NO STORAGE UNITS OPENING ON,THIS END OF UNITS 7 30,-0' 7 0 0 4 7 -0' BUILDING 1 35'X78' RV STORAGE NOTE: 15'-0" LANDSCAPE BUFFER ALONG RESIDENTIAL BOUNDRIES AS REQUIRED NOTE: ALL LIGHTING TO HAVE SHEILD PROTECTORS OR DIRECTED DOWNWARDS 0.0' UE PROPOSED ENGINEER TO VERIFY EDGE OF 2.4 ACRE LOT CHECK IN TRUCK TRUCK/TRAILER PARKING PARKING AREA LOADING SPACE 1 80' X 34' BUILDING OFFICE/RETAIL 10' HIGH BUILDING PLATE / SEE 4.28.0 ACCESS DRIVE 24'-0" MIN REO'D PARKING EXISTING WOOD PRICACY FENCE TO REMAIN SHARED PARKING AGREEMENT AS REQUIRED 1 OPTIONAL DRIVEWAY FUTURE ACCESS PROPOSED'., 20.0' AREA YARD POLE SIGN LINE 20.0' TALL REQUIRMENTS AS PER CITY CODES PROPOSED AREA OF REPLAT FOR SERVICE DRIVE TO STORAGE UNITS FROM CORSICA DRIVE SHARED DRIVEWAY OPENING TO CORSICA DRIVE 24'-0' MIN WITH 10'-0" FLAIR DESIGN PER CODE Exhibit C Ordinance amending the Unified Development Code ("UDC"), upon application by Corner Strong, Ltd ("Owner"), by changing the UDC Zoning Map in reference to a 4.99 -acre tract of land of which 4.52 acres is out of Lots 17, 18, 31 and 32, Section 11, Flour Bluff and Encinal Farm Garden Tracts and 0.47 acres is out of Lot 11, Block 2, Barclay Grove Unit 11, from the "CN -1" Neighborhood Commercial District and "CG -2" General Commercial District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Corner Strong, Ltd. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 27, 2016, and on Wednesday, August 24, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning from the "CG -2" General Commercial District and "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District and, in lieu thereof, approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit, and on Tuesday, September 20, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Corner Strong, Ltd. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 4.99 -acre tract of land of which 4.52 acres is out of Lots 17, 18, 31 and 32, Section 11, Flour Bluff and Encinal Farm Garden Tracts and 0.47 acres is out of Lot 11, Block 2, Barclay Grove Unit 11, located on the east side of South Staples Street (FM 2444) between Corsica Road and Timbergate Drive (the "Property"), from the "CG -2" General Commercial District and "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District (Zoning Map No. 044032), as shown in Exhibits "A" and "B". Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds description, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. The change of zoning does not result in an amendment to the Future Land Use Map, an element of the Comprehensive Plan. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. Ordinance -CG -2 - Corner Strong, Ltd Page 2 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the ATTEST: Rebecca Huerta City Secretary day of Nelda Martinez Mayor 20 Ordinance -CG -2 - Corner Strong, Ltd Page 3 of 3 TexasGeoTech ENGINEERING &LAND SURVEYING, INC. EXHIBIT "A" Being a total of 4.99 acre tract of land of which 4.52 acres deeded to Corner strong limited, in Document file no. 2016007669 Official Public Records Nueces County, Texas and 0.47 acres out of Lot 11 - Block 2 Barclay Grove Unit 11 as per record in Volume 68 Page 302-303 of the Map Records of Nueces County, Texas and being out of Lots 17, 18, 31 & 32 Section 11 of the Flour Bluff & Encinal Farm Garden Tracts, a plat recorded in volume A, pages 41-42 map records Nueces County, Texas and being more particularly described by metes and bounds as follows; BEGINNING at a 518inch iron rod found southeast corner of said Lot 11, same being the southwest corner of Lot 1, of said Block 2 — Barclay Grove Unit 11, and being on the north right of way line of Corsica Road, said 518inch iron rod being the southeast corner of this tract; THENCE N 610 02' 30" W — with the north right of way line of said Corsica Road, a distance of 82.66 feet to a point for a corner of this tract; THENCE N 280 31' 45" E — being 60 feet parallel to the southeast lot line of said Lot 11, a distance of 262.87 feet to a point for the interior corner of this tract; THENCE N 610 28' 18" W — with the northeast lot line of said Lot 11, a distance of 211.32 feet to a point for the west — southwest corner of this tract; THENCE N 280 37' 23" E — a distance of 395.67 feet to a point on the north property line of said 7.61 acre tract, for the northwest corner of this tract; THENCE S 610 26' 53" E — with the north property line of said 7.61 acres, a distance of 494.99 feet to a 5/8inch iron found for the northwest corner of a tract deeded to Golden Real Estate & Construction Group Inc., recorded in Doc# 201203880 of the Official Public Records of Nueces County, Texas, and being the northeast corner of this tract; THENCE S 280 37' 53" W — with the west property line of said Golden Real Estate property, a distance of 395.47 feet to a 518inch iron rod found on the north lot line of Lot 6, said Block 2, and being the east southeast corner of this tract; THENCE N 61' 28' 18" W — with the north block line of said Block 2, a distance of 200.72 feet to a 518inch iron rod found for the northwest corner of Lot 9, of said Block 2 and being an interior corner of this tract; THENCE S 28' 34' 45" W — with the west lot line of said Lot 9 and said Lot 1, a distance of 263.49 feet to the POINT OF BEGINNING, and containing 4.99 acres of land, more or less. This field notes description constitutes a legal document, unless it appears in its entirety, in its original from, seat and signature, surveyor assumes no responsibility or liability a distance of its correctness. It is strongly recommended , a distance of the continuity of future surveys, that this document be incorporate in all future conveyances, without any revisions or deletions. July 29, 2076 760574-"A" doc JkAdl L. Moore Register Professional Land Surveyor License Number 4854 Is, JiRREl- L. E.• °p 4854 Q� JkAdl L. 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UNITS OPUSES NIS END OF 8 8 i 8 m 848 4 0000 o v4 a QJ A 8 1 1_:)) 8 8 9 ¢1CP ag �1 e oe •1 NOTE IS' -O'• LANDSCAPE SUFFER ALONG RIMOPIIAL E01.119RE3 M fdAVIRU} t NOM ALLY 6111MS TOOP DIRECTED NOMMPOS 0.0' DE PROPOSED DECREER TO 1ERN\ EDGE OF PA ACM LOT DOSING AUSO DRIGGY MILL TO RENNIN sumo %•S]S' M SLOWS 8 O PTIONAL O PYEMAY TEMPE ACCESS PROPOSED can x„a. YARD POLE SION UNE 20A° TALL MOLT MEIPS AS PLR CY WOOS N PROPOSED AREA OF REPEAT FOR SERACE LIME wartsm POWS PPILE MARCO GRAMPLY OPSIfPO M COMCA MALE SA• -n YU WITH IS RAP OMEN PER WE Special Permit Conditions 1. Uses: The only use allowed on the Property other than uses permitted in the base zoning districts is a mini -storage facility and related accessory uses. 2. Setbacks: The storage of boats and campers, a permitted accessory use to mini -storage, and the location of dumpsters shall be limited to the west half of the Property. Special Permit Conditions 3. Access: Limited to the west portion of the property fronting Corsica Road. 4. Building Design: Any buildings constructed within 260 feet of Corsica Road shall have a non-metal facade. Mini -storage buildings shall be prohibited from having doors/ openings facing residential uses. 5. Screening Fence: A minimum six-foot tall solid wood screening fence is required to be constructed, remain in place, and maintained between the mini -storage facility and the residential uses. Special Permit Conditions 6. Buffer Yard: • 15 -foot wide plus 15 • Provide a continuous line of shrubs along the fence. • Canopy or understory trees other than palm trees required every 50 feet. 7. Lighting: • Shielded • Pole lights shall be of the full cut-off type • No freestanding pole lights within 50 feet of a residential use. • No light source shall exceed the roof height of the buildings on site or 15 feet, whichever is more restrictive. Special Permit Conditions 8. Building Height: Buildings, excluding the office, shall not exceed 15 feet where adjacent to a single-family residential use. Otherwise, the maximum building height shall be 35 feet. Boat and camper storage is limited to the west half of the Property and shall not be considered "adjacent" to single-family residential uses. 9. Hours of Operation: 6 AM to 10 PM Sunday through Thursday and 6 AM to 11 PM on Friday and Saturday. Special Permit Conditions 10. Signage: Freestanding signage shall be limited to the west portion of the property fronting on Corsica Road. Wall signs shall not be oriented toward the east. 11. Time Limit: 12 months to submit a Building Permit application. SC o� Va. v AGENDA MEMORANDUM con 1EFirst Reading for the City Council Meeting of September 20, 2016 1852 Second Reading for the City Council Meeting of September 27, 2016 DATE: September 8, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, AICP, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Revised Draft of Plan CC, the City's Proposed Comprehensive Plan CAPTION: Ordinance adopting a new comprehensive plan for the City of Corpus Christi titled "Plan CC Comprehensive Plan"; providing that the adopted comprehensive plan shall amend, supersede, and replace the previous comprehensive plan titled "City of Corpus Christi Policy Statements: An Element of the Comprehensive Plan"; and providing for severance, publication and effective date. PURPOSE: The purpose of this item is to hold a public hearing on the latest draft of Plan CC, review the Planning Commission's recommendations, and seek input on additional changes to the plan desired by the City Council. BACKGROUND AND FINDINGS: 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 d raft. 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, is submitted to the City Council for review and input and for a public hearing. ALTERNATIVES: Revise the content of Plan CC. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This item conforms to City policies and the City Charter. Where any conflict between current policies and Plan CC's policies exists, Plan CC's policies will overrule and conflicting policies are repealed. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015-2016 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): n/a Comments: none RECOMMENDATION: The Planning Commission recommends approval of Plan CC with their changes. LIST OF SUPPORTING DOCUMENTS: • Plan CC as Recommended By Planning Commission (Changes Shown) • Plan CC as Recommended By Planning Commission (Clean Version) • Ordinance Ordinance adopting a new comprehensive plan for the City of Corpus Christi titled "Plan CC Comprehensive Plan"; providing that the adopted comprehensive plan shall amend, supersede, and replace the previous comprehensive plan titled "City of Corpus Christi Policy Statements: An Element of the Comprehensive Plan"; and providing for severance, publication and effective date WHEREAS, the City of Corpus Christi, Texas ("City"), engaged in a two and a half-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 to replace policies adopted in 1987; WHEREAS, the City invited the public to workshops to give input to 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 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 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 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. Plan CC Comprehensive Plan ("Plan CC") is hereby adopted as the comprehensive plan for the City of Corpus Christi and shall serve as a guide for the physical and economic growth of the City and its extra -territorial jurisdiction, said document being attached hereto in draft form and labeled Exhibit A. The Plan CC maps illustrating future land use shall contain the following clearly visible statement: "A comprehensive plan shall not constitute zoning regulations or establish zoning district boundaries." 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) Effect any previous zoning ordinances, (2) Constitute zoning regulations or establish zoning district boundaries, (3) Constitute an enforceable regulation upon any person, (4) Constitute cause to deny a plat or the development of land, (5) Restrict the City from preparing plans, policies, or strategies, (6) Obligate the City to provide any program or regulate any activity, (7) Restrict the right of the City to adopt any ordinance not related to the development of land, (8) Create any cause of action against the City or any City official, employee, or agent, (9) Constitute a defense to the prosecution of any crime, or (10) 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. Plan CC Comprehensive Plan shall amend, supersede, and replace the previous Comprehensive Plan titled "City of Corpus Christi Policy Statements: An Element of the Comprehensive Plan," adopted by Ordinance 19865 in 1987. SECTION 8. If a provision of any adopted plan, policy, or strategy conflicts with a provision of Plan CC, the provision of Plan CC supersedes the provision of the adopted plan, policy, or strategy. SECTION 9. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final Page 2 of 4 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 10. Publication shall be made in the City's official publication as required by the City's Charter. SECTION 11. This ordinance takes effect after final passage on second reading. 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 Nelda Martinez City Secretary Mayor Page 4 of 4 Plan CC Comprehensive Plan Ll PLAN 'VE PLAN CITY OF CORPUS CHRISTI, TEXAS I SEPTEMBER 2016 EXHIBIT A EXHIBIT A Plan CC Comprehensive Plan PLAN CC COMFT L FiL 4 51 VE PLAN CITY OF CORPUS CHRISTI, TEXAS I ADOPTED XXXX 2016 EXHIBIT A PLAN CC CC:MPWEHER58L'E 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 EXHIBIT A 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 PLA 3 EXHIBIT A 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 1 PLAN CC COMPREHENSIVE PLAN EXHIBIT A 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 20 ATTEST: Rebecca Huerta City Secretary day of , EXHIBIT A Nelda Martinez Mayor PLAN CC COMPREHENSIVE PLA1 PPLAN CC COMPREHENSIVE PLAN EXHIBIT A 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 1.. GREEN AND BLUE: NATURAL SYSTEMS, PARKS & RECREAT'I • Vision 24 • Goals and Policies 25 Element 2 ®� INCE AND RESOURCE EFFICIENCY • Vision 28 • Goals and Policies 29 Element 3 HOUSING AND NEIGHBORHOODS • Vision 31 • Goals and Policies 32 Element 4 DIVERSIFYING THE ECONOMY AND STRENGTHENING THE WORKFORCE • Vision 35 • Goals and Policies 36 Element 5 GETTING FROM HERE TO THERE: TRANSPORTATION ®ND MORILITY • Vision 40 • Goals and Policies 41 Element 6 Cr '41T`ir iNfrf Ab i RUCTURE FACILITIES AND SF • Vision 44 • Goals and Policies 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 PLA1 EXHIBIT A 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 70 8 1 PLAN CC COMPREHENSIVE PLAN EXHIBIT A 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 PLA1 EXHIBIT A 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 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 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 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. 1PLAN CC COMPREHENSIVE PLAN EXHIBIT A Comprehensive Plan Plan CC (Vision/Principles/Goals/Strategies) Implementation Plan (Prioritized Action Items) Background Information (Findings/Challenges & Other Helpful Information) Area Development Plans (ADPs) Northwest ADP CC Airport ADP Westside ADP 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 0 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 PLAN CC COMPREHENSIVE PLAN1 EXHIBIT A 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 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 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 EXHIBIT A 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 EXHIBIT A 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, suA 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 EXHIBIT A In order to achieve the vision, we as a community need to: 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 a 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. 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 that promote healthy lifestyles in Corpus Christi through easy access to physical activity, healthy food, and health care. T Prepare students for good jobs by keeping the focus on educational achievement. 21st- . 4 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. i 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 Pursue high-quality in an orderly fashion for the benefit of the community as a whole and development. Make public for the environment. However, the City understands investments a model of excellent an obligation, in compliance with applicable law or design and function and explore having design standards for 22 regulation, to support private property rights. PLAN CC COMPREHENSIVE PLV EXHIBIT A Be strategic. Strategically .r integrate public physical, economic, and social investments _ F 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 a 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. 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 that promote healthy lifestyles in Corpus Christi through easy access to physical activity, healthy food, and health care. T Prepare students for good jobs by keeping the focus on educational achievement. 21st- . 4 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. i 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 Pursue high-quality in an orderly fashion for the benefit of the community as a whole and development. Make public for the environment. However, the City understands investments a model of excellent an obligation, in compliance with applicable law or design and function and explore having design standards for 22 regulation, to support private property rights. PLAN CC COMPREHENSIVE PLV EXHIBIT A 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. jL.LP CC COMPREHENSIVE PLAN EXHIBIT A 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 PLAN17 EXHIBIT A 5. Plan CCMonth 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 EXHIBIT A • 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 PLV EXHIBIT A • 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 EXHIBIT A 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 PLV2.1 EXHIBIT A 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. 1PLAN �� CC COMPREHENSIVE PLAN EXHIBIT A 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, maintain green corridors, improve green infrastructure and expand public access to diverse, high quality recreation opportunities. EXHIBIT A IL PLAN CC COMPREHENSIVE PLAN23 �M 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. r-3 Goals and Strategies MUM 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. Element 1- Natural Systems, Parks & Recreation 1. Support initiatives to ensure that water quality at public beaches on the bayand on Padre and Mustang Islands is safe for swimming. 2. Supportinitiativestoimprovewaterqualitysothataquaticlife can thrive throughout the city's natural water bodies. 3. Continuetosupportprogramstomanagethebalance offresh and salt water in the estuary. 4. Promote preservation of watersheds and environmentally sensitive land and water using public funds or incentives to developers. 5. Promote preservation of land around creeks and drainage corridorstoachieveagreen networkof interconnected parks, multi -use paths, passive and active recreational spaces, and conservation land. 2. Wetland areas are protected or 1. Support initiatives to preserve wetlands in the estuary. effectively replaced so that there is no 2. Support creation of a wetlands mitigation bank, if feasible net loss of wetlands. 3. Important natural areas are preserved 1. Support initiatives for preservation of bird rookeries and and protected as usable habitat similar critical habitat sites. networks with ecological integrity. 2. Continue to support and protect nature preserves. 3. Support ecotourism as a way to encourage and fund preservationof the natural environment and wildlife habitat. 4. The city has a network of green 1. Give priority to natural, green drainage systems for storm corridors including Oso Creek, water management. drainage ways, medians and street 2. Give prioritytostrengthening thegreencharacterofexisting trees, parks, and urban wilds to open spaces. enhance connections for birds and 3. Continue to protect the Oso Creek corridor through other wildlife. implementation of the adopted Oso Parkway Plan. 4. Coordinate storm water management with trails and green network projects. 5. Natural barrier -beach environments 1. Support continued enforcement of regulations that protect are protected. barrier beaches. 6. Corpus Christi has reduced air 1. To reduce air pollution,theCityshouldencourage alternative pollution. modes of travel. 2. Support policies to reduce airborne dust. 3. Encourage industrial areas to eliminate industrial odors. PLAN CC COMPREHENSIVE PLr EXHIBIT A Element 1- Natural Systems, Parks & Recreation GOALS 6. Native and other trees adapted to the environment provide shade along major streets and in parks and other public spaces. 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 corridors and otherpubIicspaces,withsufficientshort-term irrigation toestablishtrees for long-term,drought-tole rant survival. Open Space, Parks and Recreation 4 7. Corpus Christi has a network of 1. Promote strategicimplementationofthe 2012ten-year Parks attractive, safe, and well-maintained and Recreation MasterPlan (PRM Pjtosupportcomprehensive parks that provide shade and other plan goals, including periodic updates. amenities, are well -used by the public, 2. When improving parks, ensurethatparksaresafeandprovide and meet the diverse needs of the sufficient shade. population. 8. Parks, beaches, recreational areas, 1. Support adequate resources for basic maintenance and and other green public spaces are of operation of all parks, beaches, recreational facilities, and high quality and are well-maintained. othergreen 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. Promote publicartfacilitiesandprogramsthatreflectcultural heritage in parks. 9. Corpus Christi offers residents an 1. Continue tosupportand promote water safety programs and array of opportunities for water-based training. recreation. 2. Promote public accessibility to all beaches, including those within the Extra -territorial Jurisdiction (ETJj. 26 1 PLAN CC COMPREHENSIVE PLAN EXHIBIT A Resilience and PP(:;ni,jr(-p-FffiriPr 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 PLAN 27 EXHIBIT A 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. Element 2 - Resilience & Resource Efficiency Goals and Strategies L 779ATEwEs FOR DECISION 1. Corpus Christi has a holistic 1. Support periodic review of resilience planning and community standard of resilience that implementation to adapt to changing conditions. adapts to changing conditions such 2. Promote public understanding of risk and the as storm hazards, high winds, and sea responsibilities of individual households, as well as city, level rise. state, and federal governments. 2. The City has a multiple lines -of- 1. Promote implementation of regulations that protect defense strategy for protection barrier beaches, dunes, and natural or storm -made against flooding from coastal storm passes to lessen the erosional impact of tidal surges. surges. 2. Promote implementation of flood -protection measures throughout the city. 3. Support emergency management evacuation plans. 3. Government operations and buildings 1. Continue organizational and operational improvements are models of resource -efficiency and to maximize energy and resource- efficiency and reduce renewable sources. waste. 2. Give preference to energy-efficient designs, materials and equipment in public facilities and in infrastructure. 3. Support the use of renewable energy sources for City operations and facilities. 4. Support the reuse of water resources, minerals, and energy available as by-products of wastewater treatment and solid waste disposal. 4. Renewable sources of energy, 1. Support programs that make renewable- and clean - including solar and wind, and other energy options available to homes and businesses. energy -conservation strategies, are 2. Raise awareness of the energy options available to available to city households and residents and businesses. businesses. 5. Green building techniques are used in 1. Support residential and commercial green building new development and retrofits. 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. 6. Reinvestment in existing communities 1. Encourage clean-up and adaptive reuse of brownfields. conserves resources and sensitive 2. Encourage the preservation and adaptive reuse of environments. 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 PLV s��®c EXHIBIT A a 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. 80 1 PLAN CC COMPREHENSIVE PLAN EXHIBIT A 9 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. Element 3 - Housing & Neighborhoods Goals and Strategies 1. Corpus Christi has a comprehensive 1. Support a community-based system to develop and housing policy to advise the City on implementahousingpolicy that includesstakeholdersfrom development of quality housing for government, the nonprofit sector, and the private sector. residents of all income levels in all parts 2. Support nonprofit organizations in housing production and of the city. explore creation of Community Development Corporations that assist with neighborhood revitalization projects. 2. Quality housing meets the diverse 1. Support the planning, regulatory and funding initiatives needs of households at all income levels needed to provide a diversity of housing types—rental and and all stages of the life cycle. ownership, market -rate and assisted—to meet community needs. 3. Chronic homelessness addressed in 1. Encourage proactive city leadership in planning and an organized and sympathetic manner. implementing homelessness policies. 2. Encourage partnershipsamonghomelessservicesproviders and organizations. 4. Housing is in good condition and 1. Support effective, efficient, and sensitive code enforcement code -compliant. that focuses on compliance. 5. New and redeveloped housing is 1. Supportresource-efficiencyinCity-assistedhousing,whether resource -efficient. new or rehabilitated. 2. Promote resource -efficiency in all new housing through financial or non-financial incentives, such as permit streamlining. 6. New cost-effective residential 1. Support protection of areas in high-growth corridors within subdivisions are established in high- the City's ETJ. growth corridors to support the demand 2. Promote orderly developmentwith fairness to all tax payers for new housing. and rate payers while keeping in mind impacts to the affordability of housing. 7. Corpus Christi sustains and maintains established neighborhoods. 1. Support programs to encourage infill development and rehabilitate housing stock in established neighborhoods. 2. Support preservation and reuse of historically significant buildings, areas, and sites. 3. Support enhanced code enforcement and campaigns to address litter issues. 4. Promote the organization of neighborhood associations and community initiativesto maintain neighborhoods and keep them safe and free from crime. 5. Support exploration of local nonprofit Community Development Corporations, which can assist in revitalizing neighborhoods through affordable housing and commercial development,jobcreationinitiatives, neighborhood planning and advocacy. 1PLAN CC COMPREHENSIVE PLAN EXHIBIT A Element 3 - Housing & Neighborhoods CEMWAMMSTRATEGIES FOR DECISION 8. Neighborhoods are enhanced by 1. Support public investments—physical, environmental, investments in "urban villages" to functional, and social—to be built in areas to support improve quality of life. walkableneighborhood commercialandmixed -usedistricts, including compact centers along major roads. 2. Encourage the location of public facilities, civic, and cultural useswithinoradjacenttoneighborhood commercial districts to act as anchors where feasible. 3. Support coordination among city departments, the Housing Authority, school districts, county, stateandfederal agencies 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 measuresto reduce urban blightand evaluatetheir cost effectiveness. PLAN CC COMPREHENSIVE PLAN1 ...�®�� EXHIBIT A 9. The design of new developments 1. Give consideration to regulations, projects, incentives, and promotes a broader sense of guidelinesthat promote interconnected development, such neighborhood and community rather as developments with a well-connected street network than creating isolated subdivisions or or appropriate connections to neighboring subdivisions, apartment complexes developments destinations or bicycle/pedestrian facilities. with a lack of interconnection. 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 a nd low-density residential developments. PLAN CC COMPREHENSIVE PLAN1 ...�®�� EXHIBIT A 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. 84 1 PLAN CC COMPREHENSIVE PLAN EXHIBIT A 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. Element 4 - Economy & Workforce Goals and Strategies 6STRATEGIESOR DECISION MAKERS 1. Corpus Christi has a diversified 1. Promote the technological strengths of companies economy of well -paying jobs that in the oil and gas cluster by supporting new product builds on existing industry strengths development and expansion into new markets. and technological innovation. 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 1. Promote strong lines of communication between local and retain firms because of its government and businesses to ensure timely response competitive assets and supportive to business needs. business environment. 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 1. Promote a community culture that recognizes and "entrepreneurial ecosystem" that embraces innovation and entrepreneurship. supports a thriving small business 2. Support investment of resources and capacity that community. 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 EXHIBIT A Element 4 - Economy & Workforce S. Unemployed and underemployed 1. Encourage responsiveness of career training programs workers have access to training and and other workforce development services to changing support services that enable them employer demand. to improve their employment status 2. Support an easily accessible and seamless service and qualify for jobs offered by local delivery system for jobseekers, such as through more employers. 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. 6. Every student completes his or her 1. Encourage school completion as a high civic priority education, whether high school, with broad community support and engagement. technical school, or college, with the 2. Promote partnerships and encourage integrated early skills needed to enter a well -paying childhood services—incorporating cognitive, intellectual career. 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. 7. The Port of Corpus Christi continues 1. Encourage improvements of the port area and its to be a major economic engine for facilities according to the Port of Corpus Christi's Corpus Christi. 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. 8. Corpus Christi has maintained a 1. Make Corpus Christi an attractive place for military harmonious relationship with the installations. military and seen growth in military 2. Encourage the adoption of regulations consistent with facilities. 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 PLV 3.7 EXHIBIT A 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. 88 1 PLAN CC COMPREHENSIVE PLAN 1. 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. 2. Support the preservation of the natural state of public lands. 3. Preserve nature to promote ecotourism for its contribution to economic development, for education, and in trust for future generations. 4. 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. 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. 6. 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. EXHIBIT A t;� t7�;" 7 5 a NOW" t 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 COMPREHENSIVE PLAN1 EXHIBIT A 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 Wit -efficient manner. jF 6- 1111121W Element 5 - Transportation & Mobility Goals and Strategies 1. Corpus Christi has an efficient 1. Support a multi -modal transportation network that is and safe transportation network, integrated with land uses, where destinations are easily including bicycles, pedestrians, connected by accessible paths. public transportation, aviation, 2. Support compliance with transportation design shipping, trucks and automobiles, standards. that is integrated with land uses and promotes transportation choice, 3. Support the development of mode -choice corridors for healthy lifestyles, sustainable bicycles, pedestrian and public transportation. development patterns, and economic 4. Support and coordinate with the Corpus Christi development. 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. 2. Corpus Christi's street system 1. Support a long-term program to repair existing streets is designed, constructed, and and regularly maintain the system to minimize life -cycle maintained to standards for long- costs. term effective and safe use. 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 PLAN 141 EXHIBIT A Element 5 - Transportation & Mobility 5. Support and enhance continuing 1. Support enhancements to rail service essential to the national freight rail service from city's economic success. Corpus Christi. 2. Support minimizing delays and improve safety at at - grade railroad crossings. 6. Access to, from, and around Padre 1. Promote and support a plan for a second access on and Island is safe and accommodates off Padre Island. growth both in residential and tourist populations. 42 1 PLAN CC COMPREHENSIVE PLAN EXHIBIT A STRATEGIES FOR DECISION MAKERS 1 3. Corpus Christi has a convenient 1. Support the partnership with the Corpus Christi Regional and efficient public transportation Transportation Authority to increase ridership and reduce system. 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 syste m. 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. 4. Corpus Christi International Airport 1. Support implementation of the Airport Master Plan. is the aviation gateway to the 2. Support enhancements to and expansion of airline Coastal Bend and supports economic service. development. 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. 5. Support and enhance continuing 1. Support enhancements to rail service essential to the national freight rail service from city's economic success. Corpus Christi. 2. Support minimizing delays and improve safety at at - grade railroad crossings. 6. Access to, from, and around Padre 1. Promote and support a plan for a second access on and Island is safe and accommodates off Padre Island. growth both in residential and tourist populations. 42 1 PLAN CC COMPREHENSIVE PLAN EXHIBIT A k_.ummunity Infrastructure, Facilities and Public Services 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 PLAN 43 EXHIBIT A 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 growth, employing best practices in a cost- efficient manner. ■ 9 r 8 'Piff ". N, I Element 6 -Infrastructure, Facilities & Public Services Goals and Strategies 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. 2. Corpus Christi has a water treatment and distribution system that meets or exceeds state water quality requirements. 1. Support the development of integrated water - management strategies considering surface, reuse, conservation, groundwater, aquifer storage and recovery and desalination. 2. Support a water supply master plan to meet current and future demand. 3. Encourage the continued implementation of the city's water -conservation plan. 4. Support efforts to find a regional solution to the water supply. 1. Support the operation of a safe, efficient, and sustainable water supply, treatment, and distribution system in an environmentally sound manner. 2. Support the maintenance and improvement of existing water infrastructure, including the incorporation of innovative and cost-effective technologies where appropriate. 3. Support a strategic approach to providing adequate water infrastructure to support redevelopment and new development. 4. Support improvements to the water distribution system to accommodate adequate pressure and flow for fire protection in existing and developing areas. 5. 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. 6. Support adequate water infrastructure for infill, redevelopment and new development. 3. Corpus Christi has a cost-effective 1. Support the updating and revising of the wastewater and environmentally sustainable master plans, taking into account current conditions, wastewater -treatment system that anticipated future growth, and compatibility with land supports existing development and uses and environmentally sensitive areas. accommodates future growth. 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 EXHIBIT A Element 6 -Infrastructure, Facilities & Public Services 4. Corpus Christi has a storm water 1. Support the updating and revising of the storm water and drainage system that is master plans, taking into account current conditions environmentally and economically and anticipated future growth. sustainable. 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. 5. All residences and businesses have 1. Support the continued operation of city and regional a dependable, environmentally safe waste -management services. means to dispose of solid waste. 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. 6. The City maintains all municipal 1. Support investment in an asset -management system. buildings and facilities for long-term 2. Continue to invest in best practices for long-term, life - use. 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. Support programs to meet all outstanding ADA and open spaces that are required deficiencies in public facilities. to comply with ADA (Americans with 2. Support making ADA accessibility information available Disabilities Act) standards do comply. to the public. 46 1 PLAN CC COMPREHENSIVE PLAN EXHIBIT A Element 6 -Infrastructure, Facilities & Public Services 8. Corpus Christi has state-of-the-art 1. Support continued state-of-the-art high-speed Internet broadband and telecommunications and telecommunications access to all City departments services. 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. 9. The city's electric grid is protected 1. Encourage cooperation with electric service providers and resilient. 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. Explore revenue strategies for providing an equal level access to emergency services and of service to all parts of the city. public safety is improved. 2. Consider a systematic method to fairly evaluate existing police and fire stations and the need for new stations. 3. Building codes should be reviewed periodically to include the latest cost-effective fire prevention devices. 4. Evaluate options to curb abusive use of the emergency transport facilities. 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:' 11. In order to provide for orderly 1. Encourage the identification and acquisition of growth to new development areas, sufficient right-of-way or easements for proposed expansion of capacity to existing drainage and utility infrastructure in accordance with infill development, or reorganization Area Development Plans and appropriate Master of existing facilities, the City must Plans in advance of development. plan for and purchase property or easement rights. PLAN CC COMPREHENSIVE IAN 47 EXHIBIT A 11 1W #460 -so Buy. 6� m&V A Y �� CPj i ■L r g,:��-� 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. 48 1 PLAN CC COMPREHENSIVE PLAN EXHIBIT A I. 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. I P z: • Op -, Element 7 - Future Land Use, Zoning & Urban Design Goals and Strategies 2. Downtown and mixed-use urban 1. Support planning to explore the idea of creating 1. Corpus Christi development patterns 1. Encourage the protection and enhancement of support efficient and cost-effective residential neighborhoods. use of resources and high quality of 2. Promote the stabilization, revitalization and life. 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. 2. Downtown and mixed-use urban 1. Support planning to explore the idea of creating and neighborhood villages provide urban and neighborhood villages at major walkable environments and new intersections as identified by the mixed-use category housing options. 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. =LP LAN �� CC COMPREHENSIVE PLAN EXHIBIT A Element 7 - Future Land Use, Zoning & Urban Design 3. Corpus Christi has well-designed 1. Encourage and incentivize, with both financial and neighborhoods and built non-financial incentives, design standards that result environments. 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 1. Adopt appropriate regulations consistent with the civilian airfield and airport use are in recommendations of the Joint Land Use Study. place. 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. 5. Transitions from residential enclaves 1. Support city involvement in setting up a fair transition to non-residential uses have occurred process. in industrial and aviation special districts. PLAN CC COMPREHENSIVE PLAN 51 M EXHIBIT A Element 7 - Future Land Use, Zoning & Urban Design 6. Annexation plans provide for orderly 1. Support policies and regulations that ensure orderly growth and industrial agreements in development in annexed areas, as rapid unorderly the ET) (Extra -territorial jurisdiction). growth can cause numerous urban problems that Orderly Development: Development include traffic congestion and the inability to meet that occurs and is managed by local infrastructure needs. government according to adopted land 2. Support an orderly and prioritized annexation use plans and utility master plans, program to insure an adequate supply of developable thereby providing cost effectiveness land. and land use compatibility. 3. 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. 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. 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. 6. Support the evaluation of the use of industrial district agreements in lieu of annexation for industrial areas of the city and ETJ. 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. 8. Adopt master utility plans to facilitate orderly development. 1P ��LAN CC COMPREHENSIVE PLAN EXHIBIT A EXHIBIT A E t t X, PLAN CC COMPREHENSIVE PLAN 53 IL 54 1 PIAN CC COMPREHENSIVE PIAN EXHIBIT A g °n co I un Y W'- - a O a' c E o a •N N i a u T f £ ? % li E E ly N li y = Ol li Ol CIn Ol y C Dl = Vf y Z% -;i> Zd N -;iE �9r_ o E e m c d o d m 3 rn o f am 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 PLAN 55 EXHIBIT A 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 1PLAN CC COMPREHENSIVE PLAN 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. EXHIBIT A • 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. Mixed Use Agriculture/Rural Enterprise Commercial Government Institutional Heavy Industrial Light Industrial Low -Density Single -Family Residential 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. Medium -Density Single -Family Residential Flood Plain Conservation High -Density Single -Family Residential Water Multifamily Residential 100 -Year Flood Plain Transition Aviation Special District s ° : City Limit Transition Special District Extraterritorial Jurisdiction Transportation 0 Planning District Planned Development 7j Central Business District Permanent Open Space = Proposed Harbor Bridge Alignment PLAN CC COMPREHENSIVE 2AN1 EXHIBIT A 58 EXHIBIT A Downtown Future Land Use =Mixed Use Agriculture/ Rural Enterprise =Commercial =Government =Institutional ®Heavy Industrial I Light Industrial Low -Density Single–Fatwily Residential Medium -Density Seigle -Family Residential �MYRifalxity High Density Residential =Transition Aviation Special District Transportation Planned Development Permanent Open Space EXHIBIT A —Flood Plain Conservation Water 100 -Year Flood Plain I, City Limit Extraterritorial Jurisdiction C3 Planning District ^J Central Business District Proposed Harbor Bridge Alignment Westside Planning District 0 0.5 1 1.5 Miles Mixed Use Medium -Density Single-Fark Residential Flood Plain Conservation Agriculture/Rural Enterprise Water =Commercial ®M ++01 High -Density Residential 100 -Year Flood Plain =Government ®Transition Aviation SpeciaIkDistrict 1:JCityLimit =Institutional Extraterritorial Jurisdiction =Heavy Industrial Transportation � Planning District ■ Light Industrial Planned Development ^✓Central Business District Low-DensitySiHgle-Fam" Residential Permanent Open Space = Proposed Harbor Bridge Alignment Better distinguish Flood Plain Conservation from Permanent Open Space 60 EXHIBIT A Midtown Planning District Future Land Use 40 EXHIBIT A 0 a O Y� O C •p C > > E Ci C d y. D X Q O O Y d p Mab :5 N Southside Planning District Future Land Use [Planning Commission: the Flood Plain ✓ation area (revert to i known as -vation/Preservation" irrent adopted Future 3e Map. This affects )stly on the Laguna ind Oso Creek/Bay.] 0 a a � 9 Legend: Better distinguish Flood Plain Conservation from Permanent Open Space EXHIBIT A A d 9 W CCy Q 'F d W A d O>> > > E O C d y a D X O O O Y d p f ¢uts5x�� M 1 1 1 1 h 62 Flour BZufPlanning District - _�91111K=,:� Removei ._L I Turtle Cove neighborhood from the Transition Special � n 1 Aviation District and m`nTm.T�i unnmutg1■ I �h . _- �I f I,r � I:- + li • -residential] _ _ IlJol�. TT mmIil ' -will P I F [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)1 6- Mixed Use Medium -Density Sin Residential Flood Plain Conservation Agriculture/Rural Enterprise jmgh DeRsitySiRgle Family ResideRtial Water =Commercial MuRmfauiity High -Density Residential 100 -Year Flood Plain r Government Transition Aviation Special District r: J City Limit Institutional TFaRAWOR `""'''' "'""`'' Extraterritorial Jurisdiction Heavy Industrial Transportation Q Planning District Light Industrial Planned Development ^✓Central Business District Low -Density Si^l Residential Permanent Open Space = Proposed Harbor Bridge Alignment [Planning Commission: Better distinguish Flood Plain Conservation from Permanent Open Space EXHIBIT A 63 Padre/Mustang Planning District Future Land Use PC: Add missing land masses and designate as PC: Change to ..'- medium-density residential Planned Development PC: Change to Planned ........... C.. ,4 Development PC PC: Change to PC: Change to cChange to Planned Mixed Use Planned Development Development PC: Change golf ,- �'� PC: Change to course property to Mixed Use Permanent Open,, Space ! _0 PC: Change to Planned Development PC: Change Cape Summer to -' Staff: Change the Planned s left out parcels in the DevelopmentJones Tract to WI Planned Development 0 0.5 1 1.5 Miles Mixed Use Medium -Density Single-Femily Residential Flood Plain Conservation Agriculture/Rural Enterprise Water =Commercial �Meki#amily High-oensity Residential 100 -Year Flood Plain =Government =Transition Aviation Special District I, City Limit =Institutional Transition Special District Extraterritorial Jurisdiction Heavy Industrial =Transportation C3 Planning District Light Industrial MPlanned Development ^J Central Business District Low -Density Sipgle-Family Residential Permanent Open Space = Proposed Harbor Bridge Alignment Better distinguish Flood Plain Conservation from Permanent Open Space 64 EXHIBIT A CCAirport Planning District Future Laud Use Legend: Better distinguish Flood Plain Conservation from Permanent Open Space 0 y a 0 EXHIBIT A y a o X OI O O y W OI p Q U C7 - 2 d 1 1 1 1 m 65 Northwest Planning District Future Land Use Legend: Better distinguish Flood Plain Conservation from Permanent n 0 y a c A w s 'J v � •O O 9 C y T D X OI O O y N� p M EXHIBIT A Chapman Ranch Planning District Future Land Use Legend: Better distinguish Flood Plain Conservation from Permanent Open Space 0 y a y a o X OI O O y W a p 67 EXHIBIT A 68 1 PLAN CC COMPREHENSIVE PLAN EXHIBIT A 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. EXHIBIT A PLAN CC COMPREHENSIVE PLAN69 �M Element 8 - Stewardship & Implementation of the Plan Goals and Strategies ..STRATEGIES FOR, 1. A new, long-range planning system is 1. Establish a comprehensive plan system based on a in place. 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 1. Establish public review of progress in implementing the development plans, utility and plan. transportation master plans are 2. Review and update the plan on an annual basis, subject to regular public review of identifying short-, medium-, and long-term goals with progress. specific objectives. 3. A new Planning Department is in 1. Give the Planning Department a proactive role in place. coordinating initiatives to implement comprehensive and other plans. 4. The City has enhanced and new tools 1. Make City programs and resources consistent with to implement the plan. 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. 70 1 PLAN CC COMPREHENSIVE PLAN 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. EXHIBIT A PLAN CC COMPREHENSIVE PLAN 1 71 EXHIBIT A PLAN CC COMPREHENSIVE PLAN CITY OF CORPUS CHRISTI, TEXAS I ADOPTED XXXX 2016 EXHIBIT A 09 PLAN CC Comprehensive Plane 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 1 111�i'F � _,, «,�t. Corpus Christi City Council,''^�6 ■ 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 2 Ordinance adopting a new comprehensive plan for the City of Corpus Christi titled "Plan CC Comprehensive Plana" 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 2025 ("Plan CC"), which includes policies to guide the physical and economic growth of the City and its extra -territorial jurisdiction thFG 1gh 20 2F 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 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 -regular meetings of the Planning Commission, and on Tuesday, October 13, 2015, and [Month Day Yearl, during a -regular meeting2 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 2-025 ("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. 12 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 ATTEST: Rebecca Huerta City Secretary day of '20 5 Nelda Martinez Mayor I�l�,'1f � 1�SLt 14115 T-+'lnmnnt ![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.] 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 enioyed 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 p91+6+e-s-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-2-0bin the next 20 years, nor is it a 20 yeaFprojection 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.] D EO Comprehensive Plan Plan CC (Vision/Principles/Goals/Strategies) Implementation Plan (Prioritized Action Items] Background Information (Findings/Challenges & Other Helpful Information) Area Development Plans (ADPs) Northwest ADP CC Airport ADP Westside ADP 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 N/ Flour Bluff ADP Padre/Mustang Island ADP Chapman Ranch ADP Transportation Plan ("MobilityCC") • Urban Transportation Plan Map • HikeBikeCC • ADA Master Plan Capital Improvement Plan <— Specific Plans Oso Parkway Plan Joint Land Use Study Erosion Response Plan 7 1)l� rid T 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 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 GGRWFeheR4v�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, D^IOGOeS arm r Gq;a4: c need to be updated to align with " npla� 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] Amendinq 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] The Vision for 2035 and Guiding Principles 2011, the Gity has eNeyed the -he—pe-fits of the Eagle Ford Shale -heem, but this time GqFp61G quality Of life {^" R- AeFYGRe [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 EO 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, aPA-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 inReW live -work - play neighborhoods [Magill]; resulted in compact, mixed renters in key rnmmorni-Al rlic+rin+c; and established new neighborhoods in the south side and northwest areas. [Planning Commission] preFnete d nr\r,rion+o.d SeRGe of plaGe and Reighherhr\r\rl ih AeW hr\616MR . ,_o„ol9PRger+ 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. fMclntyre/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 EO 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 highquality 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 moi-rtcdivai 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] 5 �,Y� ,taw [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 Enpapement 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 EO • Transportation and Infrastructure • Housing and Neighborhoods • Parks, Open Space, and Resilience • Economic Development C. Public Outreach 1. Website A website. www.Dlancc2035.com. provided information on the Droiect 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 communitv outreach In advance of the district meetinas. open houses. and citvwide forums. the team used a varietv 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 utilitv 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 meetinas 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 �l�,'1f � 1lll� 14115 • 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 Everly 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 beaan with a brief presentation exolainina 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 auide creation of new ADPs to provide more detailed auidance for specific areas After the presentation. residents worked in small arouos at each table. Thev 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 mob 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 mobs; 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 5 �,Y� ,taw • 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 mob 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 �l�,'1f � 1lll� 14115 Results • The Best and Challenqes. 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 strenath on manv 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 mob 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 datel. The City Council requested the plan be reviewed again by the Planning Commission with consideration of comments submitted by City Council members. 16 EO [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, expaR t RebYerks „f 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 PeUeies Strate-eies im POI IGI10ES-STRATEGIES 1. Corpus Christi Bay,the Nueces River, 1. Support initiatives to ensure that always safe +„ swim water Oso Bay, Oso Creek, and otherwaterua ality at public beaches on the bay and on Padre and Mustang resources meet orexceed federal and state quality standards, provide environmentally healthyaquatic and wetland habitat, and are- fishable ^nr! ^hie meet EPA water quality 2. 3. Islands is safe for swimming. [McIntyre] Support initiatives to improve water quality so that shellfish heds e„ +hFG61ghn61+the ,.i+„ and aquatic life can thrive throu hout e GP8R the city's natural water bodies. [Staff] th Continue to support programs to manage the balance of fresh standards for their specific designated uses. [Planning and saltwater in the estuary. [McIntyre] Commission] 4. Promote preservation of watersheds and environmentally sensitive land and water using public funds or incentives to developers. (10/13/15 Public Comment/Staffl 3-5. Promote preservation of land around creeks and drainage corridors to achieve a preen network of interconnected parks, multi -use paths, passive and active recreational spaces, and conservation land. 2. Wetland areas are protected or 1. Support initiatives to preserve wetlands in the estuary- effectively replaced so that there is no feasible on J nnc+ effen+ive rnn net loss of wetlands. 2. Support creation of a wetlands mitigation bank, if feasible. 3. Important natural areas, sUGh as bird 1. Support initiatives for preservation of bird rookeries and similar breeding sites-, are preserved and critical habitat sites, if feasible ^^,+ ,.,,4+ effen+i.,e rnn protected as usable habitat networks with ecological integrity. [Staff] 2. Continue to support and protect nature preserves, ,.,,s+e +i.+i.,e [M 3. Pry^+^+e Support ecotourism as a way to encourage and fund preservation of the natural environment and wildlife habitat. [Staff] im 4. The city has a network of green 1. Give priority to natural, green drainage systems for storm water corridors including Oso Creek, o rnn management, if feasible on,+ ^^^+ offo,8. drainage ways, medians and street 2. Give priority to strengthening the green character of existing trees, parks, and urban wilds to open spaces, if fo^^;hlo ^^ + ^^^+ offs^+i.,o rnn enhance connections for birds and 3. Continue to 9ee6IFe protect4p-&f-the Oso Creek corridor through other wildlife. implementation of o linear nark a'^n^ ^s^ Qrooh the adopted Oso Parkway Plan. [Staff] 4. Coordinate storm water management with trails and green network projects, if feasible on,+ ^^^+ offs^+i.,o [Martinez] 5. Natural barrier-beach environments 1. Support continued enforcement of regulations that protect barrier are protected. beaches. New Goal: Corpus Christi has 1. To reduce air pollution, the City should encourage alternative modes of travel. [Magill] reduced air pollution. [Staff addition based on Magill's 2. t-Support policies to reduce airborne dust. [Magill] policies] 3. Encourage industrial areas to eliminate industrial odors. 4GxxGi AdArs o no+inn from inrJiic+riol o shp-ld ho m ni+nrPd +n o +h-.+ -.II inrJi ustrops -.hirJo h" In^-.I state, nrJ forJor-.I a4— quality ro lila+inngs. [Magill] b as €G. -st Natural Shade 6. Native and other trees adapted to the 1. Promote tree preservation and tree planting on public spaces environment provide shade along and private ppeper+„ major corridors. major streets and in parks and other 2. Support creation of "adopt a tree" programs. public spaces. 3. Give priority to diverse native tree planting along major corridors and other publicspaces, with sufficient short-term irrigation to establish trees for long-term, drought-tolerant survival. [10/13/15 Public Comment] it [Mal4iReZ] Cis 94 C, nl a full limn fnrof^rost pe ngrrgm with apn io+o the PaRks Rd. Do^roo+inn Depa +mon+ 4 rlVlnln+,rel 96ippo4 ,92 n fiill urhon fere '+h n,+ Donroo+inn Depal+w.on+ 19 20 7. Corpus Christi has a network of 1. Promote strategic implementation of the 2012 ten- year Parks and attractive, safe, and well-maintained Recreation Master Plan (PRMP) to support comprehensive plan parks that provide shade and other goals, including periodic updates. amenities, are well-used by the public, 2. Update the oonao 8V8 „+o., yeaps and meet the diverse needs of the 3-2. When improving p,,.+ arks, �c„nnG96t offertiVe Feder,, Rte population. ensure that parks are safe and provide sufficientshade. [Staff] 8. Parks, beaches. recreational areas, 1. Support Drrn�vvraciide adequate resources for basic maintenance and othergreen publicspaces are and operation of all parks, beaches, recreational facilities, of high quality and are well- and other green public spaces, as discussed in the PRMP maintained. [Planning and for enforcement of City regulations that protect the Commission] quality of these public spaces. [Planning Commission] 2. Continue to support reel-fundinq and partnerships Tto 661PPG1`t-PaI*-provide enhancements and maintenance of public parks. [10/13/15 Public Comment] 3. leseppepate Encourage sustainable maintenance practices- e,horo fOn;;n,.O�u„ f000fh�o [Staff] 4. Encourage the dloint construction and use of recreational facilities between governmental entities should be encouraged. [Magilll 5. Promote public art facilities and programs that reflect cultural heritage in parks. [Magilll 20 P evelen rnn+ini ie a plan ferfanili+ieo and n l that evepy residents haye has the n G14 inifii+n learn h tA s, AA m Seek nane%hin nn+inns +n n ea+e n nifii hna+inn [McIntyre] r+Continue to support and promote 9. Corpus Christi offers residents an water safety programs and training. [McIntyre's array of opportunities forwater-based Comment. Fishing, surfing, sailboarding, and boating are recreation 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. €+,&s Promote public accessibility to all beaches, including those within the Extra-territorial Jurisdiction (ETJ), +h Fei inh +he nla#inn n Rd i of bea- aGGeSS en+s an,+ , nhts of way dedOGa+innr [Magilll 21 111�i1'�� ��1r ierz 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 P, llc 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 heritaqe because it is at the foundation of our way of life and our economy. [Staff] Goals and PoUeies Strategies 22 1. Corpus Christi has a holistic 1. Support periodic review of resilience planning and implementation to community standard of changing conditions. resilience that adapts to 2. Promote public understanding of risk and the responsibilities of changing conditions such as individual households, as well as city, state, and federal storm hazards, high winds, and governments. sea level rise. 1. Promote implementation of regulations that protect barrier beaches, aPd-dunes, and natural or storm -made passes to lessen the erosional impact of tidal surges. and rpd-i^^ ^r^� 2. Promote implementation of flood -protection measures throughout 2. The City has a multiple lines -of- defense strategy for protection the city. against flooding from coastal '3. ^^ thisd^d ll" C..nrn.n+^ .� .�In frAm e ans Row yRq h„rriA_Ape ^m^r^^^^., rnn. ^,In Support emergency management storm surges. evacuation plans. 22 �90 Element 3 Resilience & Resource -Efficiency 5. Green building techniques are used in new development and retrofits. 1. 2. ori^+^+^ Support residential and commercial green building programs through awards and nonfinancial incentives. Supper++he re^S;+e1 ❑enli r-reen Q. d1+ n Ya lent 3. Government operations and 1. c„^^^.+ ^ gFeenhaHse ^ ^,,,++ ^n,+ , of rene,.,ehle ^ buildings are models of SGUFGeS, if life ^ ,ele neo+ to t effee+iwZ earl flnenn{e IL, c n l resource -efficiency and [Plenn"Rq Qemmissien/D1 Ihlie GAMM' Support passive design strategies, such as Visite renewable sources. 2. Continue organizational and operational improvements to consumption. [10/13/15 Public Comment] maximize energy and resource- efficiency and reduce waste-, 44+fe- ,ele eec+ is ost effee+6,e and fnenniell., c nA FMGln+.,rel 1. 2. 3. 4. 3. Give preference to energy-efficient designs, materials and ^ff^^+^^^cr. [Martinez]Move to Element 4, Goal 7. equipment in public facilities and in infrastructure, where the life il�rc-ov'"$#-Is Siiiv"irrt8-iic-ovorlPn+M".nnl! fnnn^i^II., c`rl 4. f�Ae�. Expand -Support the use of renewable energy sources for City operations and facilities, 'f life a ,ele neo+ io eo+ effw;W.4e enrl fipanAmally c nll FMGIR 5 %Nhen eeene.mieelh, feeoihle Support the reuse of water resources, minerals, and energy available as by-products of wastewater treatment and solid waste disposal. the-uld- be [Magill] 4. Renewable sources of energy, otherinergy-can ervatind, and other energy -conservation strategies, are availableto city 1. Support programs that Premete makiA = !ake renewable- and clean -energy options available to homes and businesses. households and businesses. 2. En.s r^ s;d^n+� ^nd h, of the ener^„ en+ens Wile hle to +hem Fanning f �mm nl 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. ori^+^+^ Support residential and commercial green building programs through awards and nonfinancial incentives. Supper++he re^S;+e1 ❑enli r-reen Q. d1+ n Ya lent as the n n building stander4 fer recilien+iel !l e.,elenm en+ n!! n e+e I CCfI /I en!lerchin in Cnern., and Cnyiren men+el Desien\ c+enAerlic er the equivalent far P.An. rps0pntmnl hdl!linnc �2. [Plenn"Rq Qemmissien/D1 Ihlie GAMM' Support passive design strategies, such as Visite designs that take advantage of reneviable re eh 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. 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. Sinner+ �reo to redu-ne --rhea blight enrl evaluate their eec+ ^ff^^+^^^cr. [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 sede-^^mnli, in good condition, and rami it Plan CC's Vision High-quality, safe, sennesfed 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; rocs i1ted in ^mmpa^+ mixed-, ,so ^on+orc in key ^nmmor^i;;l dictri^+c; and promoted a sennested sense of place and neighborhood in new housing development. Mixed- in,rtNeighborhoods 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 PolieiesStrategries 24 onl�S STRATEGIES I' i 1. Corpus Christi has a comprehensive 1. Support a community-based system to develop and implement housing policy to gee advise the City a si#�Wide housing policy that includes stakeholders from on development of quality housing for residents of all income levels in all parts of the city [Planning Commission/Staff] 2. 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 protects. [Staff] 2. Quality housing meets the diverse 1. Support the planning, regulatory and funding initiatives needed needs of households at all income to provide a diversity of housing types—rental and ownership, levels and all stages of the life cycle_; market -rate and assisted—to meet community needs. .+�.,n ,ff....+,Hie H.. �i„n roi,,,,, .,� ^aTnT^�$ `Z Thp h.e usina and n lila+inn rJenciW of the nifii choi 11d r nd + ohannin 3*8t 8RGIS referennec alo+iec and d8SmQn +enhnoloU � 3. Chronic homelessness is SigAifi^^^+'�F 1_ProvocIp Encourage proactive city leadership in planning and rpd-cpci addressed in an organized and implementing homelessness policies. sympathetic manner. [Magill] 4-2. Encourage partnerships among homeless services providers and organizations. 4. Alf #Housing 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 1. Cnciie+ha++ha+Support resource -efficiency inCity-assisted resource -efficient. housing, whethernewor rehabilitated_, iS a effinien+� teeme t �+ effen+i.,e 2. [MG'R+„rel Promote resource -efficiency in all new housing through financial or non-financial incentives, such as permit streamlining. [Staff] 3 . 1 1. Innally Greater! Geastal Reny. (goon Built prowam as he Primary prowam tom effioien y for n housonq as i+ is a prowam qeared +oviards theGloc nifin Irmo mate of (`orni s (`hristi [Staffl 24 VW 6. New cost-effective residential 1. Support protection of areas in high-growth resodeR+iol oro__ ;^ subdivisions are established in high- corridors within the City's ETJ. [Staff] growth corridors to support the 2. Promote orderly development with fairness to all tax pavers demand for new housing. [Staff] and rate pavers while keeping in mind impacts to the affordability of housing. [Staff] 25 7.6 -.-Corpus Christi sustains and maintains 1. Support programs to encourage infill development and established neighborhoods. rehabilitate housing stock in established neighborhoods. 2. Support-Ppreservation and reuse of historically significant buildings, areas, and siteschp ild he 0 o J ,.,horn Via. [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, lob creation initiatives, neighborhood planning and advocacy. [Staffl 6 Cvnonoinn of nnmmorniol A_.F M.R.d--ustriol use. non Fe's 0. de Rtiol o may be mi#8d nnlY if the expaRSOOR intoinc OF Oho r sOdPntiol rJocirohilifii 4n the i onto rJ o f�Aorrilll 7. 8. Neighborhoods are enhanced by investments in "urban villages" to improve quality of life 1. 1=esi 5gpport 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. 1esate Encourage the location of public facilities, civic, and cultural uses within or adjacent to neighborhood commercial districts to act as anchors where feasible. 2 (`rooto 000thotinolly nl000inrr niihlin fonili4i86 thrniirrh n OG rJocirrn and oro wo pkc [Magill] 4. SeerdinateSupport coordination among city departments,aa4 wi+t4 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. [Martinezl Moved from Element 3, Goal 6. 25 26 9. The design of new developments promotes a broader sense of neighborhood and community rather than creating isolated subdivisions or apartment complexes developments with a lack of 1. ertGive consideration to regulations, protects, incentives, and guidelinesthatpromote interconnected development, such as developments with awell-connected street network or appropriate connections to neighboring subdivisions, destinations or bicycle/pedestrian facilities. [Staff] interconnection. [Planning Commission] 2. Ansi inn +ho++"; Support making safe pedestrian and bicycle fonds+in+;os routes aye available in new and redeveloped areas p where appropriate and consider offering financial or non -financial 3. 4. incentives. [Staff/McIntyre] Fnnn""'nn 61"i19+.616iV8 paPkinn 691640nner Encourage e9+at�appropriate transitions," [Martinez: Amend policies to be consistent with the goal. Policies should focus on alternative modes of transportation and connectivity.] 196101GIORQ hninh+ , ndow and no+io Irmo+inn n fonnoo n nrJcnoninn hiiilrJinn cn+honks aFkORQ layout and o met- of n+hnr+nnhniniino should n is+ between commercial and residential developments and between high and low-density residential developments. [Magill] 26 �90 Element S 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 21stcenturyjobs 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 NoUe Strategies IGOALS FOR DECISION 1. Corpus Christi has a diversified 1. Levepage-Promote the technological strengths of companies in the oil economy of well -paying jobs and gas cluster by supporting new product development and expansion that builds on existing industry into new markets. strengths and technological 2. Support market diversification by the tourism industry. innovation. 3. Promote and protect the natural amenities of the area for ecotourism- [Magill] 4. 96 100014 na+„rep ,a+ion for [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 1. novel^„ an,+ maintain Promote strong lines of communication between attract and retain firms local government and businesses to ensure timely response to business because of its competitive needs. assets and supportive 2. Ens, rp that h, usinesstaxes, fees, and regulat�nsare realer a a,,a business environment. equitable. +ran 3. Make regt;,lateFy PFGG8656e5e#iment and eRt. 4.2. orevidide Promote financial incentives j6IGI+s0e6161Yfor business investments that offer the potential for strong catalytic impacts, and structure incentives to provide the maximum public benefits. 5. Inrreasethe availabilityf t8GhRiGal and finanpial r 6061,oe68668Ati;l to n+re s h' p 6-3. Cos+er 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 OR ^^,+ r and male ad.d.i+iopal mo,+erni;za+ion es+w.en+s a a +imoh, m 9-5. Promote programs that identify optimal sites for industrial uses wi4 industrially land for expansion promote Gompetotovely_prioed zoned should be suppG494. [Magill] 27 ��TElement S ,°"t' Economy and Workforce 3. Corpus Christi has a robust 1. Cn�+or Promote a community culture that recognizes and embraces "entrepreneurial ecosystem" that innovation and entrepreneurship. supports a thriving small 2. fives Support investment of in ho resources and capacity that support business community. new venture startup and growth. 3. Encourage youth to develop entrepreneurial talents. 4. Support the development of ^ ve4ig-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. Encourage in -migration from the surrounding areas, the state, and nation. [Magill] 2. Cns+or Promote a community culture that embraces diversity, values new ideas, and welcomes new residents. 3. r.�+o 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. [Magill] 5. Strengthen community institutions and amenities that provide a high quality of life. 6. Promote an economic environment and quality of life that provides Provide positive incentives, 6I^h aS G04RHORg Typa n fi Rdk; t„ cirJi�o nnllono in+omchiv.c „ oLinn n oli+„ of lifo ; o.,+�, 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 1 Ens, +ho++ham+Encourage responsiveness of career training programs and other workforce development services are aligR8GI With ow,,,'^„o, R88 and Fe6P ,.,6,.,o to changing employer demand. 2. Support an easily accessible and seamless service delivery system for jobseekers, such as through more effective marketing of workforce for jobs offered by local development services, greater employer engagement, and improved employers. matching of available mobs with qualified mob seekers. [Martinez: Her comment was to clarify how we can support job seekers.] 3. Support o.,,,,,,,+o PFGVOSOGRof !GI8 Nand , ,,donate essential suppe14 services, such as childcare, transportation, and substance abuse counseling, thatenable workers to seek and maintain employment. [Martinez/Planning Commission] 4. 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 college, with the skills needed to enter a well -paying career. [McIntyre] 1. 5Aake Encourage school completion as a high civic priority with broad community support and engagement. [Martinez] 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 readyto learn. 3. Promote provision ofa range of age-appropriate careerexploration and experienceopportunitiesfor children, beginning attheelementary level. 4. Promote alignment of education, including school boards and workforce development agencies, with the needs of local industry. 7. The Port of Corpus Christi 1. Encourage improvements of the port area and its facilities according to the Port of Corpus Christi's Strategic Plan. [Magill/Staff] continues to be a major economic engine for Corpus Christi. [Staff 2. Support the expansion of port activities and consider land use suggestion based on Magill's compatibility. [Staff] comment: "Support the Port of 3. Encourage coordination with the Port and trucking industry to establish designated truck routes and to minimize delays on truck routes and seek Corpus Christi."] funding mechanisms to maintain and operate truck routes. [Staff] W Element S Economy and Workforce 8. Corpus Christi has maintained a 1. Make Corpus Christi an attractive place for military installations. rMag1111 harmonious relationship with the military and seen growth in military 2. Ad&pt-Encourage the adoption of regulations consistent with the recommendation of the Joint Land Use Study. fMagilll 3. Se�Support the development of a contingency plan to allow for the facilities. [Magill] expansion and contraction of military activities. rMagilll nc chn-,Id h 4. Q4 pnliniec n apeas arJia en++n mill+a r„ a r+ +;holo+„ use. rMagilll 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. rStaffl 9. . €RG06IFsloe hmQh d8RS' PsidpRtmal d.ei.4eleP,; 8RtO^ +h8 oQ' 's+pzss .. niR+loin+ has; nm+nlized .. P nnain+ain au papLs ,.,�+hin +he loontrat ❑--cinecc [Dic+rip+apea .,d p „i,+e Inns+inn „ ..++.. +he hn., .. e.,+i.,n ., GOR ter fnr Cn„+h Texas; nrJcnapinpr and n+holo omoni+iec fop a ple frienrJl„ perJec+ria en+ fnr r soden+c an J +n-- is+c 66Inh a walkways an J [Magill] edec+pion a ni+ioc s, -Ah ac ho nhec +roch nnn+ainerc GIFOR Linn fo--n+ainc Rd infnrma+innal 16m. rnnaprilll 2 [Develn entpd +o- ris+ a nh ac h„onasasapeop expandORpr hiisinoss an+i„i+iec nc+pian+inn n cha-de s+pain+--roc ollinn lanrJcnapinpv f61FROtupe, Rd p--hlin ar+ and i iQh+inn rnnonilll it nnain+ain Magee Qeanh a a mamop F8GFea+conal pap! rnnonilll m5-1. [Develop +hem ea+conalapea, en+i„e +o erfrn n+ de„elnpmen+ anrJ a aR mage fnr+hen ni+„ rnnonilll 10. Alis+h Qennh hoc hennme n1 r, ifinn n++nnric+n++ran+inR Imagilll Cnnn--ropre merJi--m nrJ hiprh rJenci+„ rJevelnp men+s +ha+ a e +o --pis+ en+e rJ rnnonilll 'L R8GOQROZ8 the val--e ofthe Teves State Arv--a pi --m and the 1 ICC 1=8XO R pr+on M6ce6m Wh inh a Fe Q ea++o--pist a++po n+inns and val--ahle se+c +n P86iren+cnJ +Le efnr+n a of+hese rnnaamill [Move to Goal 11] 11. 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 1. 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. rMagilll 2. or�p e Support the preservation of the natural state of public lands A,hinh a e,01d en+a11„ c ci+i„e rMagilll 3. Preserve nature to promote ecotourism for its contribution to economic promoting, where appropriate, man- development, for education, and in trust for future generations. rMagilll 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 +o - -post hi iciness in (`nrp--c Chris+i sho--LJ he rJevelnperJ eRt8d Rd updated a 011„ The ppomaw als of the plan c ho --Id he +o - usp the na+--po1 and m ;;dp ;;mpnotops of the ni+„ Ma ill 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-p4g-f p hen en+inn h--cinecc chn--IrJ he developed plemen+erJ and updated p OGIinall„ The plan chO611d p ymde a c+pa+err„ fop+h not effen+ive wsp of the (`on„en+ion (`enter and. other n--I+--pal fanili+iec +hr,- he -a . rMagiI11 a-6. Recognize the value of area attractions and take efforts to encourage success of these organizations. rMagilll [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 "o.lie Strategies 30 °^I'�vTRATEGIES 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, a-nd 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 s9treets serving storage and shipping terminals at the Port of Corpus Christi should be expap4o4to accommodate demand state, Rd n nfi, f61Rd6 6h061Id ho F8Q 86t8d 4n n ncri4int_ orJditinnol or#ool , oglis to sPP4P Oho RA [Magill] 10. IG184fy and nh4o odV;_;nno of fi ill Jo iolnnmon4 suffinion4 r nh4 of way fGF od r ;;ds rAnrOrtPnt,A,Oth Arno floiolnnmon4 Dlonc onrJ Oho I Irhon Tronc 9r4o4inn Dlon [Magill] 11. Promote desirable patterns of development consistent with the Urban Transportation and Future Land Use Plans Rresen4 and futw: .no,4 R.PbA.,ARks shpuld n mote desopohlo no#ornc of d8V8lnnw.8n+ [Magill] 44-12. Support the improvement and aesthetics of major thoroughfares and city entrances. 30 2. Corpus Christi's street system is 1. Support a long-term programto repairexisting streets and regularly designed, constructed, and maintain the system to minimize life-cycle costs. maintained to standards for long-term effective and safe use. [Revised to incorporate Goal 3.] 2. Support adequate and balanced funding sources for long-term operation and maintenance of the street network. 3. 'Support the integration oftransportation and neighborhood 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. 4t44aSupport the utilization of road improvements to stimulate redevelopment and orderly growth. [Magill] 6 poffi^ im o^+ o oh,oio ohpuld he i G'61ded in the, Plonnin^ PFOGeSS 60 +ho+^ is+i fii+lire, r ods, ly me,e,++he, n e,rJc offii+lir^ RQ a R d will ad eg61ate ';;Ad [Magill] 7 Pr^� o,,� ^'Awer Support appropriate vehicular speeds and bicycle/pedestrian use on neighborhood streets. [Martinez] [Moved from Goal 3, which was deleted] 3. improve the design and hi^"^le, pedestpion 616e GR ghberheed stre,e,+s [Mal4iReZ] [This strategy was edited and moved under Goal 2.] [Combined with Goal 2.] —I`e,noi.Je,p rpe,o+e, on,+ iw.nle,MeRi ^ R6# 1^+ie,n n m f^p I^^^ streets [Planning r^,, e,mm�^In+„pe,i [This strategy was deleted because it was thought to be covered by Goal 2, Strategy 1 more broadly.] 4. Corpus Christi has a convenient 1. 961np GRtOR6;ed iMpleMeRtatien ^f+he, r„ppusrhp;sti oegal and efficient public Tponone,p+o+ie,n n„+he,pi+„ I ^ ^ Ra e gtpe,tegi^ Plan +e, n e,pi#Z- transportation system. f61Rdin^ +e, in^pe,ose pidepshin and re,d,-Ae sin^Ie, e,^^„non^, Vehi^Ie, use. CAnton, e Support the partnership with the Corpus Christi Regional Transportation Authority to increase ridership and reduce single-occupancy vehicle use [Martinez], ^,"i^" e,'�^ "^'n.s re,dii^e, while helping to reduce air pollution. [Magill] 2. Support an operations plan to increasethe efficiencyand lowerthe life-cycle costs of the public transportation system. 3. Support transit-oriented development (TODs) near public transportation stations. 4. Support the extension of Ttransit services shp ild. he, e4PR e + to all areas +R-of the city'^,"e,pe, it ii neede + he,^oi s +paRspo +o+ie,n &"s+e,w to provides universal access to employment, social and recreational opportunities, eWeGi^u„fe,pthe peep eldepl„ wed. [Magill] 5. Corpus Christi International Airport is the aviation gateway to the Coastal Bend and supports economic development. 1 re,n+mile,tGOR;p,leMeRtSupport implementation of theAirport Master Plan. 2. Support enhancements to and expansion of airline service. [Planning Commission] 3. Encourage Sdevelopment of areas adjacent to the Corpus Christi International Airport she ld be im^'^m^^+^d in compliance with the Joint Land Use Study in order to On o m^nne,p that-minimizes +h4q# the impact on the airport and its operations. [Magill] 4. A land o ci+ie,n ppeqpam she ld be n ed +e, PFGte^+ frAm ^ ^hme,n+ h” i p,^+ihle, Ion, . [Magill] 6. Support and enhance continuing 1. Support enhancements to rail service essential to the city's economic national freight rail service from Corpus Christi. success. 2. Minimize Support minimizing delays and improve safety at at-grade railroad crossings. [Martinez] 3 II roilrnorJ AFAsSORQ6ohe,i 11d Rept fpelprol onrJ stater i latmo Ro _ that all r ped safety feat apes he, planed An , [Magill] 31 7. Access to, from, and around Padre Island is safe and 1. Promote and support a plan for a second access on and off Padre Island. [Planning Commission) accommodates growth both in residential and tourist Populations. [Mclntyrel improve8. the n stMatins of -m theFouWaFe ^*r��. [Magill] [Moved under Strategies of Goal 1.] 32 �1� ►lf � ,,�t. te,s 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 -a446, 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 pavers, and the environment. The systems are expensive to expand, maintain, and compensate for prior underinvestment. The City must support a strategic approach to orovidina adeauate water. wastewater -treatment and storm drainaae 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, 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 p^'�s Stratezies 33 nnI i�i�c STRATEGIES [This goal will focus on water supply.] 1. Support the development of ever p�;n+ain integrated water - 1. Corpus Christi has an management strategies, Wothin finannial nnns+mini of considering integrated, sustainable water- surface, reuse, conservation, groundwater, aquifer storage and resource management recovery and desalination. [McIntyre/Martinez] program that provides a long- 2. Support a water supply system and mana,.eM8R+ master plan to term supply of the right water meet current and future demand. +hpe gh the year P060 for the right use—drinking 3. Encourage the continued implementation of rnn+in„o imnlomon+; water for residents and processed water for business the city's water -conservation plan. and irrigation— while ensuring 4. Supp94 a stpategiG apppeaGh tG PFGVmdmRg adequate ao+o,nio+or +ro a+mon+ anrJ infroc+ri watep, in+i ire +n of inner+ the integrity of environmental stepm dFainage Jo"olnnmon+ ar, nn ., Jo.,olnnmon+ in +ar.o+o �s r, roa� ren ,.+:.,..x• systems. ro Define targeted a f„ prieritiZe in estnients' [Moved to Goal 2, then edited] rJ , ffinion+,A,o+or n o fnr fire rnton+inn ohniilrJ hon ref. ilh, seas+de ed a i��ie QeVe RQ apeas. [Magill] [Moved to Goal 2, then edited] 6 he riff, must Update and hap.m.Anoze i+o Utility .Aao+or Plano a a ORGOPPopate the hoc+ n an+inoo a ailahle from n on+ well +onhnnlogy and moo+ n on+orJ Igeq i rnnaniln [Deleted; idea covered in the Plan's introduction] 7. Support efforts to find a regional solution to the water supply. Mclnt re [Moved from Goal 2 strategies] 33 qtr teas [This goal will focus on water quality.] 1. Pridide Support the operation of a safe, efficient, and 2. Corpus Christi has fen -term sustainable water supply, treatment, and distribution system in wale^^Urity a water an environmentally sound manner. treatment and distribution 2 Maintain and ;„,„.e.,e Support the maintenance and improvement of system that meets or exceeds existing water infrastructure, including the incorporation of Re state water quality innovative and cost-effective technologies where appropriate. requirements. [Martinez] [Planning Commission] 3. 961PP914 effe46 +e foRd a FeGi.Anal cell tie„ +e the water supply. [nn�l„„ YF8] [Moved to Goal 1] 3-4. ac+en,a+er +rea+vv.e„+ a„rJ c+n m rJrai„aee i„frac# ie+i ire +n PWai4inez. Define "eted ^ s to a r4tize investments. i Support a strategic approach to providing adequate water infrastructure to support redevelopment and new development. Maginez• Define "eted ^ s to a r4t4e investments. i [Edited and moved from Goal 1] coder + OR is+i„e and Je.,eleei„e a [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] 46 he riff, must update and hap.m.AnoZe its Utility Master ala„o ell a ailahle --- ...G9ppepate the best ppaGtoGes +eeh„eloay and meet „ ee+erJ land [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 adeauate water infrastructure for infill. redevelopment and new development Corpus Christi has a cost- effective and environmentally sustainable wastewater - 1. Support improvements to meet state and federal standards where applicable., e.,ee„+ as ape hei„e appealed OR aged faith er treatment system that „.e"ee„+§ rw f^,„eh ; nnel„+,,.e supports existing development and accommodates future growth. 2. Support an approach that establishes priorities for the replacement and correction of existing facility deficiencies and for meeting future needs. 3. Nle�n, faeili+leo chni ilrJ he ela„„erJ far arJ"a„ee of. „eerJ a„rJ Inea+e rJ e +ha++he” a ea+ihle �n,i+h arJiaee„+ la„rJ i 4. e„+all„ ci+i.,e a rnna^iln Promote existing and aAlternative„,e+�^,+c uses of esysl+ recycled wastewater. she, lid he ^ ci+e.e+ i„ Arde. GapaGOW „reIa+ P40 . . --- -- -.6toRQ ,. ac+e,.,a+e, fa^ill+iec [Magill] 5. Support the updating and revising of tT-he wastewater &Yste4;;-master plans, taking into ,.yhieh +akec i„ +e account current conditions, -a-R4 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 vg� 4. Corpus Christi has a 1. Promote natural drainage approaches ("green infrastructure") and storm water and drainage other alternative non-structural and structural best practices for system that isf environmentally and feaible anpr ggo+ effeg+ive managing and treating storm water odJ economically �� sustainable. 2. Promote reduction of pollutants and litter in +he Pay by rer,,,ging dioghargeo through the use of best management practices. [10/13/15 Public Comment] 3. Promote economic development by reducing potential losses due to flooding and water-quality degradation. 4. Support the incorporation of changes to FEMA flood zones and federakregulations and their impacts on storm water and land use planning. [Staff] 4-L. Support R4v4w-the creation of a more equitable billing system for storm water services. [Martinez: Reviewing a more equitable funding source for storm water services is a major policy decision and should be considered in our comprehensive plan.] 5. Dodi e,,A, the n ea+inn of a m ii+able billing c totem fgr c+g F ,a+er sen, gem [McIntyre] 2.6. n+egra+e the Cit+tire I and IIce Plan +a Ling in+n g oirJero+iAn the til+ima+e rJevelnnmen+ of+he a [Magill] [Too similar to Strategy 7below] 3-7. Support the updating and revising of t-The storm water master plans, taking system ohei ld beg rated a gr,+ing +e a Maw+er PIaDlan +ham++a Le++aLe& into account current conditions and a� anticipated future growth. [Magill] [Move to top of list] 4-8. Support adequate storm water infrastructure for infill, redevelopment, and new development. 5. All residences and 1. Support the continued operation of cit and regional G�� y g businesses have a dependable, waste-management services. environmentally safe 2. Qpn+ince +e maximi_e landfill ganagity by suppo #+ Support means to dispose of recycling that meets or exceeds state and regional goals in order to solid waste. maximize landfill capacity. and pupsue an+fiinrIOR Q mee++heoe [ n�� nil n+YF,84 9.2 3. Support the planning for Nnew solid waste facilities e 94RP.e4-far in advance of need and aerated-identify locations that se that44ey are compatible with adjacent land uses or environmentally sensitive areas. [Magill] 35 vg� 6. The City maintains all municipal buildings and facilities for long-term use. 1. 2. 2 Support investment in an asset-management system. Continue to invest in best practices for long-term, life-cycle energy and resource efficiency in improvements, renovations, or new hon + is+ offon+.,o [MagiIn facilities. n Innrp;;s the viability of rocirJon+iol n rrhhn rhnnrJc her m n+oininrr 4.3. Support the identification and obtainment of adequate sources of funding for the development and maintenance of public services and facilities. [Magill] 4 opened„ mamRta;R Support the proper maintenance of public facilities. and sRd n nstr„n+ new fonllotmes at optiw.ol sites. [Magill] [NEW Strategy] Support construction of new public facilities at optimal sites. [Magill] 6-5 " ax4 4o 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] 9-7 Tho r,+„ ohni I.GI &Encourage voluntary contributions and City support ^ffer Otis aiss,is+�nno in planning creative financing solutions for cultural/public facilities needing maintenance and repair. [Magill] 7. New or renovated lLbuildings, facilities and open spaces, b0th and that are required to comply with 1. 2. Support programs to meet all outstanding ADA deficiencies in public facilities. a Support making ADA accessibilityinformation available to the public. ADA (Americans with Disabilities Act) standards do comply. [Staff] TWO ALTERNATIVES: [McIntyre: Delete Goal 8 and its Policy] [Martinez: Leave and edit the Policy] 4-4—Seek Support continued state-of-the-art p;Gv s&�high-speed of-8. Corpus Christi has state- the-art broadband and tel telecommunicationsv Internet and telecommunications access to all residents �� aand h„�,��o�City departments and services. [Staff] -,..+inez• Past ex-p .r4enGe with ,.r able rnn n-,+„+,,,e „ „1,,,+e ties+ nt mest services. ssful ei a FaGti^e- 2{.➢6fi, 77 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 qtr Deis [Staff/AEP Suggestion] 9. The city's electric grid is 1. k -Encourage cooperation with electric service providers to protected and resilient. harden the electric grid to increase resiliency upg;a,+e +he ^rim' [Staff/AEP] 2. Promote the installation of underground electric distribution lines whenever practical and financially and operationally feasible. [Staff/AEP] [r.*arrr^e-r-] 9. The 6ity's e!e6#IG grid -6a re+en+ed and r cilien+ 1. WArk F=nr --r .o GGGWatmemwith olo +., 56 ; +o.� + 6ipgpade the grid and P61t it i Rd8Fgrei 1Rd Where feecihleh;;Pden [McIntyre] 9. The Gity's eleGtFm . grid retented and r cil'en+. I. rk with ele6trric^ Seib✓iiAe-p,pev'-i'rdeps to up Fade the rigit 61Rd8FgFG61Rd. 10. All areas of the city receive 1. Explore revenue strategies for providing an equal level of service to all parts of the city. [Staff suggestion based on Magill's equal access to emergency services and public safety is comments] improved. [Staff suggestion 2. Consider a systematic method to fairly evaluate existing police and fire stations and the need for new stations. (Staff suggestion based on Magill's comments] based on Magill's commentl 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. Wa maim. to e e +heoe Fights m e thew +e henew.e growth to new development., .. - r.-8 to dOsoFQaROZ8d r e,e,+h OF eS+ nrehihi+ive in aR areas, expansion of capacity to existing infill development, or 2. Coil' ire +e e these r nh+s w „ rw i+ r e,ehh of cern o rhrio+i nrt ho+en+iel a herw [Magi reorganization of existing facilities, the City must plan for and purchase property or 1. Encourage the identification and acquisition of sufficient right -of - way or easements for proposed drainage and utility infrastructure easement rights. [Magill] 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 ^^n4 -sense of place; revitalized downtown and older parts of the city created mixed-use centers in key rv,i.,o.- „Go rGeRteFS it 1I commercial districts resulting in live -work -play neighborhoods [Magill]; and established new neighborhoods in the south side and northwest areas [Planning Commission]i GFeated ReW li.,o_,, c)Fk resulted in nOmpaGt, r„IVo.d co no.Rte FG OR II nO-mmornial diStFi GtG; 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 developmeRt 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 p^'r-vUeies Strategies W 11 �� � � iiiiiiiiiiiiii 111 1111111 11 pi III pill III onl�cS-STRA • - • 1. Corpus Christi development patterns 1 pro+ep+ epd enh^ ^°Encourage the protection and support efficient and cost-effective use of resources and high quality of life. enhancement of ale residential neighborhoods. 2. Promote the stabilization, revitalization and redevelopment of older neighborhoods. 3. Supp94 Explore the creation of a City redevelopment authority or similar agency. [Martinez] 4. Encourage orderly growth of new residential, commercial, and industrial areas. [Magill] 5. Promote a balanced mix of land uses to accommodate D rnvirJe ci iffinien+ land use by type for continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. [Magill] 6. AGtwal deyelep-mpn+ chp-ld he m ni+n rerJ a nc+ nfr;;iI io+i ire o ni+iec +o p in+ problem 061t Kten+lel apeas [Magill] Promote the monitoring of current development to identify infrastructure capacity deficiencies in advance of future development. W 39 &7. �_ e Promote and incentivize with both financial and non-financial incentives the location of new residential developments adjacent to and connected to existing development. [Staffl 2. Downtown and mixed-use urban and neighborhood villages provide walkable environments and new housing options. 1. Support planning to create 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 Commissionl [From the Land Use Principles] 39 llti�i��J � stit� �t,t� 3. PubliG and private developments 1 Adept G186ign standar s and guidelines that PRIG611t in high demons-trate high standards ..f quality built envirenments,, [Staff] 2. Encourage and incentivize, with both financial and non - Corpus Christi has well-designed financial incentives, design standards that result in high neighborhoods and built environments. [Staff] quality built environments. [Staff] 3. Support having a stakeholder committee to develop design standards and policies for areas of the city where deemed appropriate. [Staff] 4 4. Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. -[From 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#ie#-volume traffic sheuld be separa-ted from residential areas or other noise - sensitive land uses. [Magill] [From the Land Use Principles] 5-7. Encourage direct arterial access for highdensity apartments shpuld he 1PA-ate J ,yith dmrogt ;3 4e4a �or a449 - 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 mWedium-density residential development shp-ld hp'gg;;tpd with g ont aGGe6Tto arterial roads. [Magill] [From the Land Use Principles] 9 C;AM .orgiol go nto rc of high Jo cit i chn111 J hoc ndpd Promote medium density activities, such as 494s4y-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] 9,12. 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 1. Adopt appropriate regulations consistent with the civilian airfield and airport use are in place. 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 1. Support city involvement in setting up a fair transition process. occurred in industrial and aviation special districts. .N EO 6. Annexation plans provide for orderly 1. AdW EAE ff-2 [ "FiRez+5Upport policies and regulations that growth m^ the seutherR FT' and industrial agreements in the Rarthem ensure orderly development in annexed areas, as rapid unorderly growth can cause numerous urban problems that ETJ (Extra-territorial jurisdiction). [Staff] include traffic congestion and the inability to meet infrastructure needs. [Magill] [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 2. 4t44eSupport an orderly and prioritized annexation program to insure an adequate supply of developable land. [Magill] 3. Pe-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 providing cost effectiveness and land use Corpus Christi and to achieve orderly growth. [Magill] compatibility. [Staff] 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. �^^+'^"P- to eya4 ate 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. fStaffl 6 8. Adopt master utility plans to facilitate orderly development. [From the Land Use Principles] 41 1]l� r1F3 nttr rets Plan CC's Land Use Principles (This section will be deleted and the ideas will be moved to the Goals/Strategies table of Element B. See notations.] Housing and Neighborhoods (The remaining bullet points were moved to the Strategies of Goal 3.] Dresenie an!# sumeter+ the nharan+ter of S+ahle rPsirlPn+ial neinhhnrheeds • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. I nn-A#e Drn PYln+e the Innes+inn of miAl deyelnnmen# where there is nearby anness +n rettaailrseivfcess, ` Rd ni Ahlin +ranSSPel4a Snh as in mive rl_Ise nen+e rs ter i rhan villages [Planning Ge RgMiSSinnl • Promote interconnected neighborhoods with appropriate transitions between lower - intensity and higher -intensity land uses. VA -id Iona+inn Smell areas of residential uses wheFe they ^gill he by in+PA!.;MnnmmPrnial ter inr#i is+rial i ISPs • 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 3.1 Gemnan# nemmerni-AI nen#ers Shp- dd he Innes+e!# at m-Ainr in#e rsen#inns • (;emmernial nen+ters that -Arte Encourage compact as opposed to linear +R -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 :A 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 c-Qommercial centers chnu ddl else he desinned in a manner that minimizesthe impacts of automobile intrusion, noise and visual blight on surrounding areas v.4011 he rninimiz-er# • Screening fences, open space or landscaping can provide an essential buffer between shop)inq and residential areas. Mixed -Use Centers (The bullet points will be moved to Goal 2.] • Promote residential and mixed-use development downtown. PrAvopliz fAr 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] • Preyode fer Promote neighborhood villages— smaller mixed -used areas to concentrate neighborhood -serving retail and services along with some residential development. [Planning Commission] Efficient Development Patterns •Leeate Promote and incentivize with both financial and non-financial incentives the location of new residential developments adjacent to and connected to existing development. [Staff]I� v c+ _ � I 11 yeV# "leanfrng01 deyelnnmen# that Iona#e0 Shr#iiisinns far frnm n#her rtesir#ten#i-AI ernes. [Staff: same concept stated above] • Avoid development that is incompatible with the operation of military airfields and the airport. [Moved to Goal 41 • 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 - �XhTere feasible, the Gity She ild exte.Ad all eGe sapy #ili#ie�n f-Anili#-A#e nrr#erhi n ry-'R' crn-crc v-racm-ccRc-vracny deyelnnmen# n-A##erns [Staffl Adopt master utility plans to facilitate orderly development. [Move to Goal 6] 1)1;1F3 Element 8 Future Land Use, Zoning & Urban Design Environment and Resilience (The remaining bullet points were moved to Element 2, Goal 1.] PrPC;PP4cPromote preservation of apd pFeteGt-watersheds and environmentally sensitive land and water using public funds or incentives to developers. [10/13/15 Public Comment/Staff] • or�(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. yeird rdeyelepmeptyVithe it resilieAre measures -Anrd mitigatieR in areas v i ilnorable 4n h 43 45 1 c 0 I C O_ C_ m 9 a - 0 3 0 0 d m E E Z. E > c v E c E. = E c o U W o U U UTim 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 11SIFF The predominant residential land use in the City of Corpus Christi is the single-family dwelling at a range of densities.'Ac+, teaGf a geReFal rocirlori4inl nm4onn'!" the C, h, ,ro I orirl lose-Map-fer Plan CC designates twee density levels for single-family housing, duplexes, townhouses, and a sepaFn+o';;Ad 16o GategeFy f9F multifamily development, and fGr 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 SiRgl family residential: up to 4 3 units per acre • Medium -density residential: 5; to 124 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, 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. COiv mERGiAL 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, �l�,'1f � 1lll� 14115 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 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. I ikR_ Oho I_27 Dic4rin4 +ho The 0 Aviation Transition District is home to a low - and moderate income population of owner - occupants and tenants and the transition tuts tet, process is likely to take many years -4 Prnnocc nrnvi`Jinn for fair nmmPonRAtinn ARG a636.6;turn.GR_ shni ilr! ho P1t in piano f n r this ar roimh1 ircomon4 nrnnramc n in by the Federal 4�ii�4inn -a [Planning [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, EN 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. GOVERNMEN1 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 I-LUUU PLAIN L;UNSLKVA I IUN 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. PLtuvivcu vEVELOPMENT 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 �l�,'1f � 1lll� 14115 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 29 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.} 4 a r d [Planning Commission: Designate the land y around Ship Channel as Light z and Heavy Industrial, matching the current adopted Future Land Use Map.1 Wiu�Ul��r sa«�f� W a i Ln CO N N Ln N 0 C lc E 1 a 'XI K[Planning Commission: Reduce the Flood Plain Conservation area (revert k� to the area known as "Conservation/ Preservation" in the . current adopted Future l Land Use Map. This affects land mostly on the Laguna Madre and Oso Creek/Bay.] \01\ 50 ri Wiu�Ul��r sa«�f� W a i Ln CO N N Ln N 0 C lc E 1 a 'XI K[Planning Commission: Reduce the Flood Plain Conservation area (revert k� to the area known as "Conservation/ Preservation" in the . current adopted Future l Land Use Map. This affects land mostly on the Laguna Madre and Oso Creek/Bay.] \01\ 50 LW Downtown Future Land Use ,sion. The changes will be 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 I, City Limit Extraterritorial Jurisdiction Planning District ^J Central Business District Proposed Harbor Bridge Alignment �f� iu�v sa« Westside Planning District ad" y" si f 3 See changes to the Future Land Use Map 1 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. 0 0.5 1 1.5 Miles Mixed Use Medium-DensitySingle-Family Residential Flood Plain Conservation FUTURE LAND USE Agriculture/Rural Enterprise High -Density Single Family Residential Water =Commercial Multifamily Residential 100 -Year Flood Plain Westside =Government Transition Aviation Special District f:jCityLimit DistrictPlanning =Institutional Transition Special District Extraterritorial jurisdiction =Heavy Industrial Transportation Planning District ■ Light Industrial Planned Development ^✓Central Business District Low-DensitySingle-Family Residential Permanent Open Space = Proposed Harbor Bridge Alignment 52 LW Midtown Planning District Future Land Use �Y W 9 C C T W d C > > > > E C C W y T p X O O O y W p 53 Southside Planning District Future Land Use [Planning Commission: Reduce the Flood Plain ✓ation area (revert to i known as -vation/Preservation" irrent adopted Future 3e Map. This affects )stly on the Laguna ind Oso Creek/Bay.] �f� iu�v sa« 0 a 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. 54 i _T W O g W O>> 'J u E O O 9 C > > 0 O � C d y a D X O O Y Zd p f a'sO A M 11116 [�Kl Flour BZufPlanning District Remove Aviation District and MINE i i'L1 Turtle Cove neighborhood from the -All Transition Special V unnmutg1■ I �h . _- �I f I.,r I:- + li _ _ • -residential] IlJol�. TT mull 3 f Li -• LM P NN I F [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)1 6- Mixed Use Medium-Densitysin Residential Flood Plain Conservation Agriculture/Rural Enterprise jmgh DeRsity SiRgle Family ResideRtial Water =Commercial MuRmfauiity High -Density Residential 100 -Year Flood Plain r Government Transition Aviation Special District City Limit Institutional Transition Special District Extraterritorial Jurisdiction Heavy Industrial Transportation Q Planning District Light Industrial Planned Development ^✓Central Business District Low -Density Si^l Residential Permanent Open Space = Proposed Harbor Bridge Alignment [Planning Commission: Better distinguish Flood Plain Conservation from Permanent Open Space 55 Padre/Mustang Planning District Future Land Use PC: Add missing land masses and designate as PC: Change to ..'- medium -density residential Planned Development PC: Change to Planned -•-----DevelopmentPCC: ChPC: 4eveloL Change to Change to lanne=•�� - Mixed UsePlanned — Development PC: Change golf ,- �'� PC: Change to course property to f:' -- Mixed Use Permanent Open ;°,,.� Space ! PC: Change to - _ Planned Development PC: Change Cape Summer to -' Staff: Change the Planned s left out parcels in the Development ', Jones Tract to W11 Planned Development ............. Wl 0 0.5 1 1.5 Miles Mixed Use Medium -Density Single -Family Residential FUTURE LAND USE Agriculture/Rural Enterprise High -Density Single Family Residential MCommercial =Multifamily Residential Padre Island/ =Government =Transition Aviation Special District Mustang Island =Institutional Transition Special District Heavy Industrial Transportation Planning District ment Planned Development M Light Industrial P Low -Density Single -Family Residential 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 �f� iu�v sa« Flood Plain Conservation Water 100 -Year Flood Plain I, City Limit Extraterritorial Jurisdiction Planning District ^J Central Business District Proposed Harbor Bridge Alignment I�K] CCAirport Planning District Future Laud Use >a 57 E C 0 _ �.y W 9 C .c d 9 d C n •� � _ T > > E C C d y T D X O O O y W p Q U C7 - 2 d 1 1 1 1 m Northwest Planning District Future Land Use See change: on Page 50 r Commission, Legend on e. 0 y a M .c m 9 d C n •� C O A y O•'d E = C C E C C d y T p v E ._ E a •• a ai 3 a v 5 z �f� iu�v sa« I�K] Chapman Ranch Planning District Future Land Use O 1 0 a., E a Ol U Q � O v 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 'w d c o o u a U O C p O y O y i J y C a n li A � �"• A C i 0,111 �y W 9 C ai i - v E O C 9 C > > E c d y a o s 0 1 1 1 1 N �99 This is a placeholder for the draft FEMA maps. .E 1]1��1FS Element 9 Stewardship and Implementation of the Plan This element focuses on implementation of the plan antes bAVA- , 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 se -rue -Ind- ce^ti^n pFey itoo o matrix of ontien mono that nArroonGnit to oonh of the plan elements. Although there is more focus onaGtie 4s -goals that the City of Corpus Christi government can -take t„ implement the accomplish, many aGtieRTgoals will also need the participation of private -sector partners. [Staff] Goalsand PoUe Strategies .. DECISION MAKERS 1. A new, long-range planning system is 1. Establish a comprehensive plan system based on a in place. 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 1. Establish publicreviewof progress in implementing development plans, utility and theplan. transportation master plans ares 2. Review and update the plan on an annual basis, subject to regular public review of identifying short-, medium-, and long-term goals progress. [McIntyre] with specific objectives. [Planning Commission] 3. A new Planning Department is 1. Give the Planning Department a proactive role in in place. coordinating initiatives to implement comprehensive and other plans. 4. The City has enhanced and new 1. Make City programs and resources consistent with tools to implement the plan. implementation of Plan CC. 2. Use incentives strategically to create a critical mass of improvements in designated areas. 5. Implementation of the 1. Use the plan in preparing and approving other comprehensive plan is incorporated planning and implementation activities by City in decision- making at multiple levels. agencies. 6. The City has expanded 1. Use the funding approach that fits the goal. funding options to achieve the goals. 2. Consider new revenue strategies to meet capital and operational needs in the future. [Staff] 3. Build relationships with governmentfunders and philanthropies. 4. Actively pursue grants to assist in implementation of the comprehensive plan. [McIntyre] 61 Plan CC Comprehensive Plan Ll PLAN 'VE PLAN CITY OF CORPUS CHRISTI, TEXAS I SEPTEMBER 2016 Plan CC Comprehensive Plan PLAN CC COMFT L FiL 4 51 VE PLAN CITY OF CORPUS CHRISTI, TEXAS I ADOPTED XXXX 2016 PLAN CC CC:MPWEHER58L'E 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 PLA 3 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 PLAN 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 20 ATTEST: Rebecca Huerta City Secretary day of , Nelda Martinez Mayor PLAN CC COMPREHENSIVE PLA 6PLAN 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 & RECREAT'I • Vision 24 • Goals and Policies 25 Element 2 -NCE AND RESOURCE EFFICIENCY • Vision 28 • Goals and Policies 29 Element 3 HOUSING AND NEIGHBORHOODS • Vision 31 • Goals and Policies 32 Element 4 DIVERSIFYING THE ECONOMY AND STRENGTHENING THE WORKFORCE • Vision 35 • Goals and Policies 36 Element 5 GETTING FROM HERE TO THERE: TRANSPORTATION ®ND MORILITY • Vision 40 • Goals and Policies 41 Element 6 Cr °41T`ir iNfrf Ab i RUCTURE FACILITIES AND SF • Vision 44 • Goals and Policies 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 PLA1 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 70 8 1 PLAN CC COMPREHENSIVE PLAN 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 PLA 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 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 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 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. 1PLAN 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) Northwest ADP CC Airport ADP Westside ADP 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 0 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 PLAN CC COMPREHENSIVE PLAN1 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 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 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 supportgrowth 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, saw 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 cost-effective. Establish cost- effective best practices and systems to support ongoing city services and infrastructure. �. Act transparently. Promote civic engagement and keep everyone a 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 that promote healthy lifestyles in Corpus Christi through easy access to physical activity, healthy food, and health care. T Prepare students for good jobs by keeping the focus on educational achievement. 21st- . 4 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. i 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 PLV Be strategic. Strategically .r integrate public physical, economic, and social investments _ F 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 a 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 that promote healthy lifestyles in Corpus Christi through easy access to physical activity, healthy food, and health care. T Prepare students for good jobs by keeping the focus on educational achievement. 21st- . 4 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. i 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 PLV 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. jL.LP 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 PLAN 17 5. Plan CCMonth 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 PLV • 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 > Diversifyjob 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 PLV 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. 1PLAN CC COMPREHENSIVE PLAN 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, maintain green corridors, improve green infrastructure and expand public access to diverse, high quality recreation opportunities. IL PLAN CC COMPREHENSIVE PLAN 23 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. r-3 Goals and Strategies MUM 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. Element 1- Natural Systems, Parks & Recreation 1. Support initiatives to ensure that water quality at public beaches on the bayand on Padre and Mustang Islands is safe for swimming. 2. Supportinitiativestoimprovewaterqualitysothataquaticlife can thrive throughout the city's natural water bodies. 3. Continuetosupportprogramstomanagethebalance offresh and salt water in the estuary. 4. Promote preservation of watersheds and environmentally sensitive land and water using public funds or incentives to developers. 5. Promote preservation of land around creeks and drainage corridorstoachieveagreen networkof interconnected parks, multi -use paths, passive and active recreational spaces, and conservation land. 2. Wetland areas are protected or 1. Support initiatives to preserve wetlands in the estuary. effectively replaced so that there is no 2. Support creation of a wetlands mitigation bank, if feasible net loss of wetlands. 3. Important natural areas are preserved 1. Support initiatives for preservation of bird rookeries and and protected as usable habitat similar critical habitat sites. networks with ecological integrity. 2. Continue to support and protect nature preserves. 3. Support ecotourism as a way to encourage and fund preservationof the natural environment and wildlife habitat. 4. The city has a network of green 1. Give priority to natural, green drainage systems for storm corridors including Oso Creek, water management. drainage ways, medians and street 2. Give prioritytostrengthening thegreencharacterofexisting trees, parks, and urban wilds to open spaces. enhance connections for birds and 3. Continue to protect the Oso Creek corridor through other wildlife. implementation of the adopted Oso Parkway Plan. 4. Coordinate storm water management with trails and green network projects. 5. Natural barrier -beach environments 1. Support continued enforcement of regulations that protect are protected. barrier beaches. 6. Corpus Christi has reduced air 1. To reduce air pollution,theCityshouldencourage alternative pollution. modes of travel. 2. Support policies to reduce airborne dust. 3. Encourage industrial areas to eliminate industrial odors. PLAN CC COMPREHENSIVE PLr2.5 .-®�� Element 1- Natural Systems, Parks & Recreation GOALS 6. Native and other trees adapted to the environment provide shade along major streets and in parks and other public spaces. 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 corridors and otherpubIicspaces,withsufficientshort-term irrigation toestablishtrees for long-term,drought-tole rant survival. Open Space, Parks and Recreation 7. Corpus Christi has a network of 1. Promote strategicimplementationofthe 2012ten-year Parks attractive, safe, and well-maintained and Recreation MasterPlan (PRM Pjtosupportcomprehensive parks that provide shade and other plan goals, including periodic updates. amenities, are well -used by the public, 2. When improving parks, ensurethatparksaresafeandprovide and meet the diverse needs of the sufficient shade. population. 8. Parks, beaches, recreational areas, 1. Support adequate resources for basic maintenance and and other green public spaces are of operation of all parks, beaches, recreational facilities, and high quality and are well-maintained. othergreen 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. Promote publicartfacilitiesandprogramsthatreflectcultural heritage in parks. 9. Corpus Christi offers residents an 1. Continue tosupportand promotewatersafetyprograms and array of opportunities for water-based training. recreation. 2. Promote public accessibility to all beaches, including those within the Extra -territorial Jurisdiction (ETJj. 26 1 PLAN CC COMPREHENSIVE PLAN Resilience and PP(:;ni,jr(-p-FffiriPr 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 PLAN 27 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. Element 2 - Resilience & Resource Efficiency Goals and Strategies L 7STRATEGIES FOR DECISION 1. Corpus Christi has a holistic 1. Support periodic review of resilience planning and community standard of resilience that implementation to adapt to changing conditions. adapts to changing conditions such 2. Promote public understanding of risk and the as storm hazards, high winds, and sea responsibilities of individual households, as well as city, level rise. state, and federal governments. 2. The City has a multiple lines -of- 1. Promote implementation of regulations that protect defense strategy for protection barrier beaches, dunes, and natural or storm -made against flooding from coastal storm passes to lessen the erosional impact of tidal surges. surges. 2. Promote implementation of flood -protection measures throughout the city. 3. Support emergency management evacuation plans. 3. Government operations and buildings 1. Continue organizational and operational improvements are models of resource -efficiency and to maximize energy and resource- efficiency and reduce renewable sources. waste. 2. Give preference to energy-efficient designs, materials and equipment in public facilities and in infrastructure. 3. Support the use of renewable energy sources for City operations and facilities. 4. Support the reuse of water resources, minerals, and energy available as by-products of wastewater treatment and solid waste disposal. 4. Renewable sources of energy, 1. Support programs that make renewable- and clean - including solar and wind, and other energy options available to homes and businesses. energy -conservation strategies, are 2. Raise awareness of the energy options available to available to city households and residents and businesses. businesses. 5. Green building techniques are used in 1. Support residential and commercial green building new development and retrofits. 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. 6. Reinvestment in existing communities 1. Encourage clean-up and adaptive reuse of brownfields. conserves resources and sensitive 2. Encourage the preservation and adaptive reuse of environments. 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 PLV s��®c a 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 9 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. Element 3 - Housing & Neighborhoods Goals and Strategies 1. Corpus Christi has a comprehensive 1. Support a community-based system to develop and housing policy to advise the City on implementahousingpolicy that includesstakeholdersfrom development of quality housing for government, the nonprofit sector, and the private sector. residents of all income levels in all parts 2. Support nonprofit organizations in housing production and of the city. explore creation of Community Development Corporations that assist with neighborhood revitalization projects. 2. Quality housing meets the diverse 1. Support the planning, regulatory and funding initiatives needs of households at all income levels needed to provide a diversity of housing types—rental and and all stages of the life cycle. ownership, market -rate and assisted—to meet community needs. 3. Chronic homelessness addressed in 1. Encourage proactive city leadership in planning and an organized and sympathetic manner. implementing homelessness policies. 2. Encourage partnershipsamonghomelessservicesproviders and organizations. 4. Housing is in good condition and 1. Support effective, efficient, and sensitive code enforcement code -compliant. that focuses on compliance. 5. New and redeveloped housing is 1. Supportresource-efficiencyinCity-assistedhousing,whether resource -efficient. new or rehabilitated. 2. Promote resource -efficiency in all new housing through financial or non-financial incentives, such as permit streamlining. 6. New cost-effective residential 1. Support protection of areas in high-growth corridors within subdivisions are established in high- the City's ETJ. growth corridors to support the demand 2. Promote orderly developmentwith fairness to all tax payers for new housing. and rate payers while keeping in mind impacts to the affordability of housing. 7. Corpus Christi sustains and maintains established neighborhoods. 1PLAN CC COMPREHENSIVE PLAN 1. Support programs to encourage infill development and rehabilitate housing stock in established neighborhoods. 2. Support preservation and reuse of historically significant buildings, areas, and sites. 3. Support enhanced code enforcement and campaigns to address litter issues. 4. Promote the organization of neighborhood associations and community initiativesto maintain neighborhoods and keep them safe and free from crime. 5. Support exploration of local nonprofit Community Development Corporations, which can assist in revitalizing neighborhoods through affordable housing and commercial development,jobcreationinitiatives, neighborhood planning and advocacy. Element 3 - Housing & Neighborhoods CEMWAMMSTRATEGIES FOR DECISION 8. Neighborhoods are enhanced by 1. Support public investments—physical, environmental, investments in "urban villages" to functional, and social—to be built in areas to support improve quality of life. walkableneighborhood commercialandmixed -usedistricts, including compact centers along major roads. 2. Encourage the location of public facilities, civic, and cultural useswithinoradjacenttoneighborhood commercial districts to act as anchors where feasible. 3. Support coordination among city departments, the Housing Authority, school districts, county, stateandfederal agencies 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 measuresto reduce urban blightand evaluatetheir cost effectiveness. PLAN CC COMPREHENSIVE PLAN1 ■®�� 9. The design of new developments 1. Give consideration to regulations, projects, incentives, and promotes a broader sense of guidelines that promote interconnected development, such neighborhood and community rather as developments with a well-connected street network than creating isolated subdivisions or or appropriate connections to neighboring subdivisions, apartment complexes developments destinations or bicycle/pedestrian facilities. with a lack of interconnection. 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 ■®�� 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 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. Element 4 - Economy & Workforce Goals and Strategies 2. Corpus Christi is able to attract 1. Promote strong lines of communication between local and retain firms because of its government and businesses to ensure timely response competitive assets and supportive to business needs. business environment. 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 1. Promote a community culture that recognizes and "entrepreneurial ecosystem" that embraces innovation and entrepreneurship. supports a thriving small business 2. Support investment of resources and capacity that community. 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 1. Encourage in -migration from the surrounding areas, choice for talented entrepreneurs and the state, and nation. professionals. 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 6 Ad STRATEGIESOR DECISION MAKERS 1. Corpus Christi has a diversified 1. Promote the technological strengths of companies economy of well -paying jobs that in the oil and gas cluster by supporting new product builds on existing industry strengths development and expansion into new markets. and technological innovation. 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 1. Promote strong lines of communication between local and retain firms because of its government and businesses to ensure timely response competitive assets and supportive to business needs. business environment. 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 1. Promote a community culture that recognizes and "entrepreneurial ecosystem" that embraces innovation and entrepreneurship. supports a thriving small business 2. Support investment of resources and capacity that community. 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 1. Encourage in -migration from the surrounding areas, choice for talented entrepreneurs and the state, and nation. professionals. 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 Element 4 - Economy & Workforce S. Unemployed and underemployed 1. Encourage responsiveness of career training programs workers have access to training and and other workforce development services to changing support services that enable them employer demand. to improve their employment status 2. Support an easily accessible and seamless service and qualify for jobs offered by local delivery system for jobseekers, such as through more employers. 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. 6. Every student completes his or her 1. Encourage school completion as a high civic priority education, whether high school, with broad community support and engagement. technical school, or college, with the 2. Promote partnerships and encourage integrated early skills needed to enter a well -paying childhood services—incorporating cognitive, intellectual career. 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. 7. The Port of Corpus Christi continues 1. Encourage improvements of the port area and its to be a major economic engine for facilities according to the Port of Corpus Christi's Corpus Christi. 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. 8. Corpus Christi has maintained a 1. Make Corpus Christi an attractive place for military harmonious relationship with the installations. military and seen growth in military 2. Encourage the adoption of regulations consistent with facilities. 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 PLAN3.7 J�� 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 1. 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. 2. Support the preservation of the natural state of public lands. 3. Preserve nature to promote ecotourism for its contribution to economic development, for education, and in trust for future generations. 4. 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. 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. 6. 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. t;� t7�;" t 7 5 a NOW" s, l Y e k . 4 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 COMPREHENSIVE PLAN39 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. 0 71' F i 9: 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. Element 5 - Transportation & Mobility 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 PLr Element 5 - Transportation & Mobility 5. Support and enhance continuing 1. Support enhancements to rail service essential to the national freight rail service from city's economic success. Corpus Christi. 2. Support minimizing delays and improve safety at at - grade railroad crossings. 6. Access to, from, and around Padre 1. Promote and support a plan for a second access on and Island is safe and accommodates off Padre Island. growth both in residential and tourist populations. 42 1 PLAN CC COMPREHENSIVE PLAN STRATEGIES FOR DECISION MAKERS 1 3. Corpus Christi has a convenient 1. Support the partnership with the Corpus Christi Regional and efficient public transportation Transportation Authority to increase ridership and reduce system. 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 syste m. 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. 4. Corpus Christi International Airport 1. Support implementation of the Airport Master Plan. is the aviation gateway to the 2. Support enhancements to and expansion of airline Coastal Bend and supports economic service. development. 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. 5. Support and enhance continuing 1. Support enhancements to rail service essential to the national freight rail service from city's economic success. Corpus Christi. 2. Support minimizing delays and improve safety at at - grade railroad crossings. 6. Access to, from, and around Padre 1. Promote and support a plan for a second access on and Island is safe and accommodates off Padre Island. growth both in residential and tourist populations. 42 1 PLAN CC COMPREHENSIVE PLAN k_.ummunity Infrastructure, Facilities and Public Services 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 PLAN 43 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 growth, employing best practices in a cost- efficient manner. U Element 6 -Infrastructure, Facilities & Public Services Goals and Strategies 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. 2. Corpus Christi has a water treatment and distribution system that meets or exceeds state water quality requirements. 1. Support the development of integrated water - management strategies considering surface, reuse, conservation, groundwater, aquifer storage and recovery and desalination. 2. Support a water supply master plan to meet current and future demand. 3. Encourage the continued implementation of the city's water -conservation plan. 4. Support efforts to find a regional solution to the water supply. 1. Support the operation of a safe, efficient, and sustainable water supply, treatment, and distribution system in an environmentally sound manner. 2. Support the maintenance and improvement of existing water infrastructure, including the incorporation of innovative and cost-effective technologies where appropriate. 3. Support a strategic approach to providing adequate water infrastructure to support redevelopment and new development. 4. Support improvements to the water distribution system to accommodate adequate pressure and flow for fire protection in existing and developing areas. 5. 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. 6. Support adequate water infrastructure for infill, redevelopment and new development. 3. Corpus Christi has a cost-effective 1. Support the updating and revising of the wastewater and environmentally sustainable master plans, taking into account current conditions, wastewater -treatment system that anticipated future growth, and compatibility with land supports existing development and uses and environmentally sensitive areas. accommodates future growth. 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 PLAN 45 Element 6 -Infrastructure, Facilities & Public Services 4. Corpus Christi has a storm water 1. Support the updating and revising of the storm water and drainage system that is master plans, taking into account current conditions environmentally and economically and anticipated future growth. sustainable. 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. S. All residences and businesses have 1. Support the continued operation of city and regional a dependable, environmentally safe waste -management services. means to dispose of solid waste. 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. 6. The City maintains all municipal 1. Support investment in an asset -management system. buildings and facilities for long-term 2. Continue to invest in best practices for long-term, life - use. 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. Support programs to meet all outstanding ADA and open spaces that are required deficiencies in public facilities. to comply with ADA (Americans with 2. Support making ADA accessibility information available Disabilities Act) standards do comply. to the public. PLAN CC COMPREHENSIVE PLAN Element 6 -Infrastructure, Facilities & Public Services 8. Corpus Christi has state-of-the-art 1. Support continued state-of-the-art high-speed Internet broadband and telecommunications and telecommunications access to all City departments services. 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. 9. The city's electric grid is protected 1. Encourage cooperation with electric service providers and resilient. 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. Explore revenue strategies for providing an equal level access to emergency services and of service to all parts of the city. public safety is improved. 2. Consider a systematic method to fairly evaluate existing police and fire stations and the need for new stations. 3. Building codes should be reviewed periodically to include the latest cost-effective fire prevention devices. 4. Evaluate options to curb abusive use of the emergency transport facilities. 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:' 11. In order to provide for orderly 1. Encourage the identification and acquisition of growth to new development areas, sufficient right-of-way or easements for proposed expansion of capacity to existing drainage and utility infrastructure in accordance with infill development, or reorganization Area Development Plans and appropriate Master of existing facilities, the City must Plans in advance of development. plan for and purchase property or easement rights. PLAN CC COMPREHENSIVE PLAN 47 P 1W #460 -SO Buy. 6� m&V A Y �� CPj i ■L r g,:��-� 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 �� I. 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. P z: • Op -, Element 7 - Future Land Use, Zoning & Urban Design Goals and Strategies •� I 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. =LP LAN CC COMPREHENSIVE PLAN 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. Element 7 - Future Land Use, Zoning & Urban Design 3. Corpus Christi has well-designed 1. Encourage and incentivize, with both financial and neighborhoods and built non-financial incentives, design standards that result environments. 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 1. Adopt appropriate regulations consistent with the civilian airfield and airport use are in recommendations of the Joint Land Use Study. place. 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. 5. Transitions from residential enclaves 1. Support city involvement in setting up a fair transition to non-residential uses have occurred process. in industrial and aviation special districts. PLAN CC COMPREHENSIVE PLAN 51 M®����� Element 7 - Future Land Use, Zoning & Urban Design 6. Annexation plans provide for orderly growth and industrial agreements in the ET) (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. 1PLAN CC COMPREHENSIVE PLAN 1. 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. 2. Support an orderly and prioritized annexation program to insure an adequate supply of developable land. 3. 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. 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. 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. 6. Support the evaluation of the use of industrial district agreements in lieu of annexation for industrial areas of the city and ETJ. 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. 8. Adopt master utility plans to facilitate orderly development. ■ m - . � �` ~% \� ^`\�� \ �� \ .�` PLAN CC COMPREHENSIV "PLAN 5.3 //� u Lu.R �\ y� - . � �` ~% \� ^`\�� \ �� \ .�` PLAN CC COMPREHENSIV "PLAN 5.3 54 1 PLAN CC COMPREHENSIVE PLAN g °n col '- u a O a' c E o a •N N i a u T f £ ? % E li E E ly N li y = Ol li Ol CIn Ol y C Vf Dl = Vf V) ,_ y Z% Zd •VI E c9_m o E e c d o d m 3 rn o f am 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 PLAN 55 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 1PLAN CC COMPREHENSIVE PLAN 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. • 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. Mixed Use Agriculture/Rural Enterprise Commercial Government Institutional Heavy Industrial Light Industrial Low -Density Single -Family Residential 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. 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 s ° City Limit Extraterritorial Jurisdiction 0 Planning District Central Business District = Proposed Harbor Bridge Alignment PLAN CC COMPREHENSIVE PLAN57 Future Land Use N N N 0 5 [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 =Mixed Use Agriculture/ Rural Enterprise =Commercial =Government =Institutional ®Heavy Industrial I Light Industrial Low -Density Single–Fatwily Residential Medium -Density Seigle -Family Residential �MYRifalxity High Density Residential =Transition Aviation Special District Transportation Planned Development Permanent Open Space —Flood Plain Conservation Water 100 -Year Flood Plain I, City Limit Extraterritorial Jurisdiction C3 Planning District ^J Central Business District Proposed Harbor Bridge Alignment Westside Planning District 0 0.5 1 1.5 MileS Mixed Use Medium -Density Single-Fark Residential Flood Plain Conservation Agriculture/Rural Enterprise Water =Commercial ®M ++01 High -Density Residential 100 -Year Flood Plain =Government ®Transition Aviation SpeciaIkDistrict City Limit =Institutional Extraterritorial Jurisdiction =Heavy Industrial Transportation � Planning District ■ Light Industrial Planned Development ^✓Central Business District Low-DensitySiHgle-Fam" Residential Permanent Open Space = Proposed Harbor Bridge Alignment Better distinguish Flood Plain Conservation from Permanent Open Space 60 Midtown Planning District Future Land Use 0 a O Y� O C •p C > > E Ci C d y. D X Q O O Y d p Mab :5 61 40 Southside Planning District Future Land Use [Planning Commission: the Flood Plain ✓ation area (revert to i known as -vation/Preservation" irrent adopted Future 3e Map. This affects )stly on the Laguna ind Oso Creek/Bay.] 0 a a � 9 Legend: Better distinguish Flood Plain Conservation from Permanent Open Space A d 9 W CCy Q 'F d W A d O>> > > E O C d y a D X O O O Y d p f ¢uts5x�� M 1 1 1 1 h 62 Flour BZufPlanning District - _�91111K=,:� Removei ._L I Turtle Cove neighborhood from the Transition Special Aviation District and m`nTm.T�i unnmutg1■ I �h . _- �I f I,r � I:- + li • -residential] _ _ IlJol�. TT mmSil ' -will P I F [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)1 6- Mixed Use Medium -Density Sin Residential Flood Plain Conservation Agriculture/Rural Enterprise jmgh DeRsitySiRgle Family ResideRtial Water =Commercial MuRmfauiity High -Density Residential 100 -Year Flood Plain r Government Transition Aviation Special District r: J City Limit Institutional TFaRAWOR `""'''' "'""`'' Extraterritorial Jurisdiction Heavy Industrial Transportation Q Planning District Light Industrial Planned Development ^✓Central Business District Low -Density Si^l Residential Permanent Open Space = 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 Agriculture/Rural Enterprise masses and designate as PC: Change to ..'- medium-density residential Planned =Government Development =Institutional 111111111110ransition Special District Extraterritorial Jurisdiction Heavy Industrial =Transportation C3 Planning District Light Industrial MPlanned Development ^J Central Business District Low -Density Sipgle-Family Residential PC: Change to Planned ........... C . . ,4 Development PC PC: Change to PC: Change to Change to Planned =•�� - Mixed Use Planned — Development Development PC: Change golf ,- �'� PC: Change to course property to Mixed Use Permanent Open,, Space 0 PC: Change to - _ Planned Development PC: Change Cape Summer to -' Staff: Change the Planned s left out parcels in the Development Jones Tract to WI Planned Development ............. 0 0.5 1 1.5 Miles Mixed Use Medium -Density Single-Femily Residential Flood Plain Conservation Agriculture/Rural Enterprise Be sity So gle Fe ily Reside Rial Water =Commercial 1111111111Meki#amily High-oensity Residential 100 -Year Flood Plain =Government =Transition Aviation Special District I, City Limit =Institutional 111111111110ransition Special District Extraterritorial Jurisdiction Heavy Industrial =Transportation C3 Planning District Light Industrial MPlanned Development ^J Central Business District Low -Density Sipgle-Family Residential IMW Permanent Open Space Proposed Harbor Bridge Alignment Better distinguish Flood Plain Conservation from Permanent Open Space 64 CCAirport Planning District Future Laud Use Legend: Better distinguish Flood Plain Conservation from Permanent Open Space 0 y a 0 y a o X O O O y W p Q U C7 - 2 d 1 1 1 1 m 65 Northwest Planning District Future Land Use Legend: Better distinguish Flood Plain Conservation from Permanent n 0 y a c A w s 'J v � •O O 9 C y T D X OI O O y N� p M Chapman Ranch Planning District Future Land Use Legend: Better distinguish Flood Plain Conservation from Permanent Open Space 0 y a y a o X OI O O y W a p 67 Corpus c1in ti Bair Nuathes County *end Qa+a+untri Special liaaard Zoom 1.11 AE 1M AO Goff of Mexico 0 125 2.S 5 ?.S 10 May, 2016 Preliminary Flood Insurance Rate Map 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 ..STRATEGIES FOR, 1. A new, long-range planning system is 1. Establish a comprehensive plan system based on a in place. 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 1. Establish public review of progress in implementing the development plans, utility and plan. transportation master plans are 2. Review and update the plan on an annual basis, subject to regular public review of identifying short-, medium-, and long-term goals with progress. specific objectives. 3. A new Planning Department is in 1. Give the Planning Department a proactive role in place. coordinating initiatives to implement comprehensive and other plans. 4. The City has enhanced and new tools 1. Make City programs and resources consistent with to implement the plan. 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. 70 1 PLAN CC COMPREHENSIVE PLAN 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. 3. Build relationships with government funders and philanthropies. 4. Actively pursue grants to assist in implementation of the comprehensive plan. PLAN CC COMPREHENSIVE PLAN1 PLAN CC COMPREHENSIVE PLAN CITY OF CORPUS CHRISTI, TEXAS I ADOPTED XXXX 2016 Plan CC Comprehensive Plan PLAN SCC COMPREHENSIVE PLAN City Council Public Hearing September 20, 2016 7 What's Happened 0 PIAN CC COMPREHENSIVE PLAN City Council Public Hearing City Council Submits Written Comments Staff Incorporates City Council's Comments Into a Revised Draft Planning Commission Public Hearing Planning Commission Subcommittee Formed Subcommittee Revises Plan Planning Commission Public Hearing on Subcommittee's Work City Council Presentation/ Public Hearings Oct. 2015 Dec. 2015 May 2016 May 2016 May -July '16 Aug. 2016 Sept. 2016 Plan CC's Content 0 PLAN 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 0 PLAN cC COMPREHENSIVE PLAN • 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 0 PLAN cc COMPREHENSIVE PLAN 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 0 PLAN cC COMPREHENSIVE PLAN 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 Introduction (formerly Element 1) • Changed title from "Element 1" to "Introduction." • Legal effect of the plan. • How the plan is implemented. • All goals and strategies shall first be evaluated for feasibility and cost-effectiveness before pursuing. • How to amend the plan. • Chart showing organization of various City plans. • Amended vision statements & some principles. • Added a summary of public outreach. 0 PLAN cC COMPREHENSIVE PLAN Planning Commission Changes to Plan CC 0 PLAN cC COMPREHENSIVE PLAN 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 0 PN cC COLAMPREHENSIVE PLAN 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 0 PLAN cC COMPREHENSIVE PLAN 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 0 PLAN cC COMPREHENSIVE PLAN 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. 11 Planning Commission Changes to Plan CC 0 PLAN cC COMPREHENSIVE PLAN 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. 0 PLAN CC COMPREHENSIVE PLAN Questions? SC v AGENDA MEMORANDUM N�ORPOBFirst Reading Ordinance for the City Council Meeting of September 13, 2016 1852 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. Firefiahter 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 ATTEST: day of 12016. Rebecca Huerta Nelda Martinez City Secretary Mayor Attachment A - Schedule of Adjustments City of Corpus Christi Amendments to the FY 2016-2017 Proposed Budget TOTAL PROPOSED REVENUES TOTAL PROPOSED EXPENDITURES posed Revenues Adiustments: Latchkey Service Fee Total Adjusted Revenues posed Expenditures Adiustments: Latchkey Operating Expenses Transfer to Street Fund 1041 Increase City Secretary Expenditures to Account for Election Costs Reduce General Fund Reserve for Appropriations Due to City Secretary Election Costs Total Adjusted Expenditures INTERNAL SERVICES FUNDS $ 864,617,372 $ 879,534,697 230,749,915 1 236,750 $ 230,986,665 $ 231,749,915 1 222,545 14,205 350,000 (350,000) $ 231,986,665 posed Revenues $ 18,732,134 Adiustments: Repair fees - non fleet 15,000 Direct part sales 10,000 Sale of scrap/city property 10,000 Interest on investments 19,200 Net gain on sale of assets 60,000 Recovery on damage claims 30,000 Total Adjusted Revenues $ 18,876,334 lice Health - 5609 )posed Expenditures $ 9,552,808 Adiustments: Health Plan Redesign (1,174,631) Total Adjusted Expenditures $ 8,378,177 up Health - 5610 posed Expenditures $ 20,850,944 Adiustments: Health Plan Redesign (2,700,686) Total Adjusted Expenditures $ 18,150,258 SPECIAL REVENUE FUNDS Hotel Occupancy Tax - 1030 Proposed Expenditures Adiustments: Texas State Aquarium Total Adjusted Revenue $ 18,616,418 150,000 S 18.766.418 Ilight Photo Enforcement -1045 posed Revenues $ 1,750,000 Adiustments: Redlight Photo Enforcement Revenue 250,000 Total Adjusted Revenue $ 2,000,000 Street Fund - 1041 Proposed Revenues $ 31,591,533 Adiustments: Additional Transfer from General Fund 14,205 Total Adjusted Revenues $ 31,605,738 Gas System Debt Fund - 4420 Proposed Expenditures Adiustments: Gas System Debt Payment Total Adjusted Expenditures TOTAL PROPOSED AMENDED REVENUES TOTAL PROPOSED AMENDED EXPENDITURES $ 1,252,990 136,979 $ 1,389,969 F$--865,262,527 $ 876,183,109 SC o� � AGENDA MEMORANDUM First Reading for the City Council Meeting of September 13, 2016 ,NCORP08 1Ev Second Readingfor the Cit Council Meeting of September 20, 2016 1852 Y g p DATE: August 17, 2016 TO: Margie C. Rose, City Manager FROM: Lawrence Mikolajczyk, Director of Solid Waste Operations LawMLwcctexas.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 DEPARTMENTALCLEARANCES: 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 Presentation 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, whiGh 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 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, W"iGh e greater than three k34 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 "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, `"'hinh aro loss than throe () five(5),inches or less in diameter and less +haR fiV8 (5) foo+ ;R lonrr+h and other similar plant matter, including palm fronds and fruit tree limbs. "Section 21-2. * "Sec. 21-12. Collection of tree T+" 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 scheduled 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. «� Information regarding area collection on designated set out days is also available on the city's website and by contacting the City's call center. "(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. "(3) It is also a defense to prosecution for a violation of this chapter that there was a delay by the department in picking up yard waste, heavy brush, clean wood waste, or bulky items from the customer's location and such delay occurred after the authorized set out period but before collection of the customer's items was concluded by the department. Page 3 of 19 "(d c) Yard waste, heavy brush, clean wood waste, and bulky items &ha4 must be set out for collection befere 7:2-0- on the days designated PI I but may not be set out earlier than the Saturday immediately befere the days designated A-A-Wer--tiep Play. "(# 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. "(# 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. t, 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. "(a) Yard waste. heavv brush. clean wood waste. and bulkv items collected from a customer is limited to one truckload per scheduled pick-up. An additional assessment 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 assessment will be applied to the customer's next monthly utility bill. "(h) The director may assess a surcharge, as provided in section 21-40(x)(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 Page 4 of 19 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 settina out vard waste. heavv brush. clean wood waste. or bulkv items. "(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. "(i) 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(x)(11), and will be applied to the customer's next monthly utility bill or, if applicable, will be billed directly to the Property owner. "(1) 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, heavv brush. clean wood waste. or bulkv 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.). Page 5 of 19 "(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. "(a) Hcavy brush and cican wood wastc, which is not mixcd with othcr customers on a regularly scheduled basis as published in local media. minglcd with thc hcavy brush and cican wood wastc sct out for collcction. "(c) Hcavy brush and cl an wood wastc shall gcncrally bc collcctcd in thc same location as garbage is collcctcd as providcd by section 21 22. R r door garbagc collection customers shall set out hcavy brush and cican wood wastc at thc curb in thc sidc yard of a rcsidcncc, if thc sidc yard adjoins an arterial or collcctor street. "(d) Hcavy brush and cican wood wastc may bc placcd in the right of way, but may not bc placcd on thc street pavement, 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. The owncr or occupant of a rcsidcncc or waste. "(c) Hcavy brush and cican wood wastc may bc sct out only on days designated and cican wood wastc is published weekly in a paper of gencral distribution within thc city. Information is also available by tcicphoning thc Solid Wactc Operations Department. "(2) It is a dcfcnsc to prosecution for violation of this section that thc hcavy brush and cican wood wastc was sct out on an unauthorizcd day if thc hcavy brush and cican wood wastc was sct out after thc authorized set out period, but bcforc thc next hcavy brush/cican wood wastc pickup at that address. The property owncr or occupant has thc burden of proving thc date Page 6 of 19 hcavy brush/cican wood wastc pickup. spccial fcc, as providcd by scction 21 '10(a)(11), shall bc chargcd for each truckload (or major fraction thereof) of hcavy brush or cican wood waste: "(1) Which was placcd for collcction during a period not dcsignatcd for "(2) When thc dircctor dctcrmincs thc wastc should bc rcmovcd in thc intcrcst of public hcalth, safcty, acsthctics, or wclfarc prior to thc ncxt scheduled pickup. "(3) Whcn thc wastc has bccn sct out in violation of any othcr ordinancc. "(g) The spccial collcction fcc is payable at thc timc of rcmoval, and, if not paid at the time of removal, will bc applied to the customer's next monthly utility bill. "(h) In ordcr to bc managcablc by thc collcction cquipmcnt: "(1) Any trec limbs placcd for collcction may not excccd tcn (10) fcct in Icngth. "(2) Trcc trunks Icss than onc foot in diamctcr may not cxcccd tcn (10) fcct in Icngth. "(3) Trcc trunks or root balls grcatcr than onc foot in diametcr may not exceed five (5) feet in length. "(i) Pilcs of hcavy brush and cican wood wastc ma of-ebstruct thc vicw of motorist at street intersections. No pile of heavy brush or clean wood waste may "(j) Hcavy brush or cican wood wastc collcctcd from collcction scrvicc customcrs shall bc limitcd to onc truck load per schcdulcd pickup. "(k) A fcc shall be chargcd for cach additional truckload of hcavy brush and cican wood wastc (or major fraction thcrcof) aftcr thc first load as providcd by scction 21 '10(a)(9), and shall bc billcd at thc timc of rcmoval. If not paid at thc it will bc applicd to thc customcr's ncxt monthly utility bill. "(I) A surchargc, as providcd in scction 21 '10(a)(10), will bc applicd to thc customer's ncxt monthly utility bill for each pilc of solid wa-stc that is sct out for collcction, which contains any solid wastc, othcr than hcavy brush or cican wood wastc, that is sct out for collcction. Page 7 of 19 "(m) Special, non schcdulcd hcavy brush and cican wood waste collcction and if not paid it will bc applied to customer's next monthly utility bill. "(n) Because mechanical equipment is used 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 be collccted in thc samc location as garbagc is collectcd as providcd by scction 21 22. Rear door garbagc collcction customcrs not bc sct out in thc sidc yard of a rcsidcncc, if thc sidc yard adjoins an artcrial or collector street. "(c) Bulky itcms may bc placcd in the right of way, but may not bc placcd on the strcct pavcmcnt, in thc guttcr, on thc sidcwalk, or in a drainagc ditch. Exccpt 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 rcsidcncc or busincss, damagc causcd by thc bulky itcms. "(d) No othcr litter, garbagc, rcfusc, construction/dcmolition matcrial, trash, hcavy brush, cican wood wastc, or yard wastc may bc co minglcd with thc bulky items set out for collection. "(c) Bulky itcms may bc sct out only on days dcsignatcd for sct out for that address. will bc publishcd in a paper of gcncral distribution within thc city. Information is also availablc by tcicphoning thc Solid Wastc Operations Dcpartmcnt the City's call ccntcr or by acccssing thc City's wcbsitc. "(2) It is a dcfensc 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 spccial fcc, as providcd by scction 21 '10(a)(11), shall bc chargcd for each truckload (or major fraction thereof) of bulky items: "(1) Which was placcd for collcction during a period not dcsignatcd for setting out bulky items. "(2) When thc dircctor dctcrmincs thc wastc should bc rcmovcd in the intcrcst of public hcalth, safcty, acsthctics, or wclfarc prior to thc ncxt scheduled pickup. "(3) Whcn thc wastc has bccn sct out in violation of any othcr ordinancc. "(g) The spccial collcction fcc is payable at thc timc of rcmoval, and, if not paid at the time of removal, will bc applied to the customer's next monthly utility bill. "(h) Bulky items collectcd from collcction scrvicc customcrs shall bc limitcd to one truckload per schcdulcd pickup. "(i) A fcc shall bc chargcd for cach additional truckload of bulky itcms (or major . • bc billcd at thc timc of rcmoval. If not paid at thc timc of rcmoval, thc fcc shall be payablc at the time of collection, and, if not paid, it will bc applied to thc customcr's ncxt monthly utility bill. "(j) A surchargc, as providcd in scction 21 '10(a)(11), will bc applicd to the customcr's ncxt monthly utility bill for cach pilc of solid wastc that s sct out for collection, which conta144s any waste other than authorized bulky items that is set out for collection. "(k) Spccial, non schcdulcd bulky itcm collcction scrvicc cstablishcd by the dircctor shall bc availablc at a dircct chargc as providcd by and shall bc payable at thc time of collcction and, if not paid, it will be applicd to customer's ncxt monthly utility bill. .. _ intcrscctions. No pilc of bulky itcms may bc grcatcr than six (6) fcct high, tcn "(m) Becausc mcchanical cquipmcnt is used to pick up bulky itcms, any containers uscd to hold bulky itcms will be considcrcd wastc and will bc pickcd up for disposal. Page 9 of 19 "(n) Bulky itcms shall be scparated into two (2) distinct piles as follows: "(1) Non grindablc/non compostablc matcria-ls and dcbris (i.c., mattrcsscs, box springs, furniture, couches, tv's, etc.). "(2) Mctal applia+Rec* and mctal matcrials (i.e., washing machines, watcr "Sec. 21-15. Bricks, broken concrete, ashes, dirt, etc., not included. "(a) The Solid Waste Operations Department 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. Page 10 of 19 "(b) Filled paper or plastic bags collected by the department may not weigh more than thirty (30) pounds. "(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) * * * * "(e-1) Refuse receptacles must be removed from the public right-of-way (which includes the street, curb, gutter, and sidewalk area) by midnight on the designated collection day and stored elsewhere at the customer's location until the next scheduled and designated set out day for collection of solid waste. "(f) Not morc than two (2) containcrs may be sct out for collcction by a residential customer. 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 number of containcrs of uscd gift wrapping and Day, and Ncw Year's Day. (2) Thcrc is no limit on thc number of containcrs or boxcs that may sct out on thc first collection day of a new residential customcr. Page 11 of 19 (3) The dircctor may grant waivcrs to thc rulcs in this subscction to allow occasional basis. "Sec. 21-23. * * * * * "Sec. 21-25. Secs. 21-25 and 21-26. Reserved. "Sec. 21 26. Procedure as to damaged, etc., receptacles. "(a) A customcr may not use a rcfusc rcccptacic that has dctcrioratcd or bccomo damagcd to thc cxtcnt that it has jaggcd or sharp cdgcs capablc of causing injury to the collcctors or to thc extcnt that thc covcrs will not fit sccurcly. "(b) A solid waste scrvicc cmploycc designatcd by thc dircctor may givc noticc to the owner that a receptacle may no longer be used because of its defectivc condition, and solid wastc in thc rcccptacic will no longcr be collcctcd. "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 container 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 containcr refuse receptacle may only be set out for collection on a day designated for setting out waste under subscction 21 13(b) this chapter. "(4) If any refuse that will not fit in a containcr 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 pilc of trash set out for collection that is picked up. The surcharge shall be applied to the customer's next monthly utility bill. "(5) * * Page 12 of 19 "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 sem ns _21 42,Z24 13, d- 21-14 section 21- 12. "Sec. 21-30. Disposal services—Available. "(a) The disposal services of the Selid Waste Operatie s DepaFt,,,o„+ 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/Assessments—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 $16.91 each unit Page 13 of 19 Page 14 of 19 and/or gas meters (4) Apartment $16.91 per unit (5) One -family dwelling and single apartment on one (1) water $33.82 and/or gas meter (6) Apartment house, travel trailer park, or manufactured home park $16.91 per unit on one (1) water and/or gas meter (7) Apartment house, travel trailer park, or manufactured home $16.91 per unit park—Each apartment, travel trailer pad, or manufactured home site on separate water and/or gas meter (8) Additional charge for rear doorpiekup icp k up on any type above $11.86 per unit (9) Additional truckloads of yard waste, heavy brush, clean wood $75.00 per waste, or bulky items at time of scheduled yard waste, heavy truckload brush or bulky item collection (10) Surcharge for bulky itempickyp icp k up $12.00 per item (11) Special non-scheduled yard waste, heavy brush, clean wood; Actual cost not waste, debris, or bulky items picky 4 collection, including pickyp to exceed pick up of yard waste, heavy brush, clean wood waste, &P4 $200.00 per debris, and bulky items set out more than twe (2) weeks five days truckload prior to the scheduledpiczkup icp k up of brush, waste, e debris or bulky items and that is a traffic, safety, or health hazard (12) neGyGliRgEeRtainers: Each se -lid- setrviEes-custemeF aeceem inn i-nntainorc that ho rofi Inedoed 61peR nasi a foo fpr r@G $ 6.99 peF !"nF1taiA@@ will yG 4,411 termin,ti„n of the „,-e-upt -aped return of the Feet', kRg eeRt,inors cvrrcccrrtc.T Reserved Reserved Page 14 of 19 (13) Surcharge for tires set out for collection on a non -designated $ 5.00 per tire collection day; size of tires must be 20 inches or less in diameter. (14) Garbage cart delivery fee—assessed for every second and $10.00 per cart additional residential cart delivered and for every third commercial cart delivered per account 1(L Monthly collection fee on second and additional residential carts $10.00 per cart and commercial carts (15) G„GU^g IRGeRtive PFegFarA r.ellectinn of bins -;;Ad ,-,res, $0.68 per month Improvements to Solid Waste Services (16) Recycling education—surcharge $0.25 per month (17) ReeyeliRgca;i ,SSoSiSod- nor ear* Solid Waste Capital $1.00 per month Improvements 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 "(c) Collection services for an apartment house, travel trailer park, or manufactured home park on one 4water 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: 140 ) * Page 15 of 19 "(2) The director may not set a rate below thirty throe and eighty tw e GeRtSx$33.823 a month (the minimum rate), plus any applicable state disposal fees and state and city taxes. "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 Selid Waste OperatieRs Depart.,,or,+ department shall make a deposit based upon the estimated size of the load as determined by the landfill superintendent, or an employee designated by the superintendent. The minimum deposit will be the commercial charge for one O+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 No charge determined by landfill superintendent or designee of the superintendent) B Clean wood waste, heavy brush, or rubble suitable for recycling, $ 9.57 per ton including crushed concrete, asphalt, bricks, etc. C Large household appliances, such as stoves, washing machines, $10.00 each 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 D Tires Automobile $ 1.75 Truck or large trailer tires (16-19") $ 2.75 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){A4 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 {&}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 eee hupdred dlellaFs x$100.004 and any amount remaining unpaid shall bear interest at the rate of e„e mord- ^Ae-half (1'/24% "aper 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 withinsixty(60) days of the due date. "Sec. 21-42. * "Sec. 21-43. Disposal fee for large dead animals. "A direct charge, not to exceed tv.ge h, pdred dellaFs x$200.004 per animal, as established by the director for removal and disposal of large dead animals sal Page 17 of 19 Tractor tires (<_ 20") $ 3.75 Larger than 20" Net accept@4 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 $10.00 the contents of the transported load from being ejected or dropped during transport of the load F Use of scales $25.25 G Any solid waste that requires special preparation, handling, or As determined by cover the director "(f) The city manager is authorized to adjust the commercial tipping fees at the city's landfill established in subsection 21-41(e)(2){A4 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 {&}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 eee hupdred dlellaFs x$100.004 and any amount remaining unpaid shall bear interest at the rate of e„e mord- ^Ae-half (1'/24% "aper 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 withinsixty(60) days of the due date. "Sec. 21-42. * "Sec. 21-43. Disposal fee for large dead animals. "A direct charge, not to exceed tv.ge h, pdred dellaFs x$200.004 per animal, as established by the director for removal and disposal of large dead animals sal Page 17 of 19 will be assessed GhaFged at the time of removal and will be applied to the customer's next monthly utility bill or, if applicable, will be billed directly to the Property owner. "Sec. 21-44. Bills for services; when charges payable. «(a) * "(e) Subject to the limitations in GGGtien 402.0025 025 Chapter 402 of the Texas Local Government Code, a customer is liable for all unpaid services rendered to a premises; while the premises is owned or occupied by the customer. Any unpaid charges must be paid before the customer opens a new or additional utility account. "Sec. 21-45. Credit No credit for vacancy. "No credit will be given to any customer for a vacancy at a residence or business or commercial establishment that has an active utility service account or that is receiving collection services. "Sec. 21-46. Suspension of services for failure to pay charges; reinstatement of service. "(a) The service of any person who fails or refuses to pay the charges specified in this article `""thin ton (10) days from the gate by the date the Gharge-is charges are due and payable shall -fie may be suspended. "(b) Upon the renewal of services to premises where services have been discontinued under the provisions immediately above, the customer of the premises shall be charged the fees provided under Chapter 55 for reinstatement. "(c) If, upon reinstatement, the director finds it necessary to either clean up the premises or remove more than the maximum amount provided for by the minimum fee, or to make an additional trip to remove accumulated solid waste, the customer shall be charged, in addition to the reinstatement charge, #4 d$Itars ($50.004. "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, Page 18 of 19 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. 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 PASSED AND APPROVED this the ATTEST: Rebecca Huerta City Secretary Brian Rosas Lucio Rubio Mark Scott Carolyn Vaughn day of '2016 CITY OF CORPUS CHRISTI Nelda Martinez Mayor Page 19 of 19 Solid Waste Operations Changes Made to Chapter 21 Amendments of the Code of Ordinances - Prior to 2nd Reading Council Presentation September 20, 2016 Changes Resulting From the September 13, 2016 Reading Note that all changes made from the first reading are double - underlined, or double-line stricken. • Sec. 21-12(a) removes the word "published". • Sec. 21-12a(1) eliminates language that the set out schedule is published weekly in a paper of general circulation. The City's call center replaces the Solid Waste Operations department as a point of contact. Changes Resulting From the September 13, 2016 Reading • Sec. 21-12a(3) adds new language to provide relief from late set out violations during periods when there are delays in the department's collection schedule. • Sec. 21-22e(1) adds new language to clarify the areas that carts may not be stored after midnight on designated collection days. • Sec. 21-40 adds the term "assessments" to the title of the section to clarify that the items may be assessed based upon individual incidents or on a recurring/monthly basis. Questions? AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 20, 2016 Second Reading Ordinance for the City Council Meeting of September 27, 2016 DATE: September 8, 2016 TO: Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema(d-)cctexas.com 886-2603 Accepting and appropriating the Victims of Crime Act (VOCA) Outreach Program grant to continue the program in the Police Department CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $179,149.24 to continue the Victims of Crime Act (VOCA) Outreach Program within the Police Department with a City match of $21,340 and an in-kind match of $40,480 from the No. 1020 Police General Fund; appropriating the $179,149.24 in the No. 1061 Police Grants Fund for the VOCA Outreach grant in the Police Department; and authorizing the transfer of $21,340 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $240,969.24. PURPOSE: Funding is available from the State of Texas, Criminal Justice Division, which provides funds to projects with the primary mission of providing direct services to victims of crime. BACKGROUND AND FINDINGS: The Victim Assistance Program Community Outreach grant is designed to assist victims in stabilizing their lives after victimization. In high crime rate districts, many victims are resistant to cooperation with law enforcement and the criminal justice system due to the emotional and physical impact of the crime. The grant provides funding for a Victim Case Manager to provide community outreach to identify resistant or reluctant victims of crime and assist victims in understanding and participating in the criminal justice system. Through public presentations, multi -disciplinary meetings and legal advocacy, the case manager will provide crisis intervention and follow up services in order to establish rapport and build resiliency of victims in districts at high risk for violence. A Staff Assistant will keep accurate and timely records, including information properly entered into database systems. The State provides for the salary/benefits of one Victim Case Manager, one Staff Assistant, equipment, supplies, training, and mileage, volunteer hours contribute in-kind contribution, and the City contributes for training, travel, supplies and miscellaneous equipment as the required match. The funding is not on a declining percentage or ending funding cycle. This grant period is for 10/01 /2016 to 6/30/2018. ALTERNATIVES: OTHER CONSIDERATIONS: 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: 2016- 2017 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $21,340 $21,340 BALANCE $21,340 $21,340 Fund(s): General Fund, Cash contribution to grants Comments: RECOMMENDATION: Staff recommends acceptance of the grant application and appropriation of 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 State of Texas, Criminal Justice Division in the amount of $179,149.24 to continue the Victims of Crime Act (VOCA) Outreach Program within the Police Department with a City match of $21,340 and an in-kind match of $40,480 from the No. 1020 Police General Fund; appropriating the $179,149.24 in the No. 1061 Police Grants Fund for the VOCA Outreach program in the Police Department; and authorizing the transfer of $21,340 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $240,969.24. 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 State of Texas, Criminal Justice Division in the amount of $179,149.24 to continue the Victims of Crime Act (VOCA) Outreach Program within the Police Department with a City match of $21,340 and an in-kind match of $40,480 from the No. 1020 Police General Fund SECTION 2. That $179,149.24 grant is appropriated in the No. 1061 Police Grants Fund to continue the Victims of Crime Act (VOCA) Outreach Program in the Police Department. SECTION 3. The transfer of $21,340 from the No. 1020 General Fund to the No. 1061 Police Grants Fund as grant matching funds is authorized and appropriated for a total project cost of $240,969.24. 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 Michael Hunter Chad Magill Colleen McIntyre Lucy Rubio Mark Scott Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre PASSED AND APPROVED, this the ATTEST: Rebecca Huerta City Secretary Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn day of , Nelda Martinez Mayor Office of the Governor Page 1 of 2 Statement of Grant Award (SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor (OOG). This Grant Agreement and all terms, conditions, provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments, divisions, governmental entities, public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the `Narrative' and `Budget/Details' tabs. By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes, regulations, policies, guidelines and requirements. In instances where conflicting requirements apply to a Grantee, the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award; the OOG Grantee Conditions and Responsibilities; the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code, Title 34, Part 1, Chapter 20, Subchapter I of the Texas Administrative Code, and the Uniform Grant Management Standards (UGMS) developed by the Comptroller of Public Accounts; the state Funding Announcement or Solicitation under which the grant application was made, and for federal funding, the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department of Justice, the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and requirements, with or without advance notice to the Grantee. 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 Grant Agreement, including all provisions incorporated herein, 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: 2677104 Date Awarded: 91:2016 Grant Period: 10"01..-2016 - 06.30.2018 Liquidation W28:2018 2018 Date: Program Fund: VZ -Victims of Crime Act Formula Grant Program [VA clone] Grantee Name: Corpus Christi, City of Project Title: Victim Assistance Community Outreach Grant Manager: Cecilia Acuff DUNS Number: 069457786 Award Amount: $179,149.24 Grantee Cash Match: $21,340.00 Grantee In Kind $40,480.00 Match: Total Project Cost: $240,969.24 CFDA: 16.575 - Victims of Crime Act Formula Grant Program [VA clone] Federal Awarding U.S. Department of Justice, Office of Justice Programs, Office for Victims of Crime Agency: Federal Award Date: 8:25 2015 Federal/State Award ID 20 1 5-VA-GX-0009 Number: Total Federal Award/State Funds $161,830,424.00 Appropriated: Pass Thru Entity Name: Texas Office of the Governor Criminal Justice Division (CJD) Is the Award R&D: No https:llegrants.gov.texas.gov/projectlawardstatement.aspx?i2=4&i l=8&gh=8E-FO-63-EE-A... 9/81i2016 Office of the Governor Page 2 of 2 Federal/State Award This grant award provides funds from the Crime Victims Fund to enhance crime victim services Description: in the Stale. Victims of Crime Act (VOCA) assistance funds are typically competitively awarded by the State to local community-based organizations that provide direct services to crime victims. List of Post -Award Conditions of Funding and Other Fund -Specific Requirements https://egrants.gov.texas.gov/project/awardstatement.aspx?i2=4&i 1=8&gh=8E-FO-63-EE-A... 9,'8!2016 Hold Hold Condition of Funding Project Requirement Date ©ate Met Project Line m Created Funds Funds Other Condition of Funding. The grant end date has been changed to 6/30/2018. Once the award is accepted and activated, the recipient must initiate a grant adjustment to change the end date to 9/30/2018 (which will 8/19/2016 result in a 30 day liquidationperiod). https://egrants.gov.texas.gov/project/awardstatement.aspx?i2=4&i 1=8&gh=8E-FO-63-EE-A... 9,'8!2016 SC v AGENDA MEMORANDUM N�ORPOBFirst Reading Ordinance for the City Council Meeting of September 20, 2016 1852 Second Reading Ordinance for the City Council Meeting of September 27, 2016 DATE: August 30, 2016 TO: Margie C. Rose, City Manager FROM: Steven Viera, Interim Director of Human Resources stevev(o-)cctexas.com 361-826-3445 Ordinance Amending Code of Ordinances, Chapter 39, Personnel, Article III CAPTION: Ordinance amending Section 39-309 of the Corpus Christi Code of Ordinances to change employee contribution for health plan coverage and remove Citicare Premium Plan; and providing for severance and an effective date. PURPOSE: Update the Corpus Christi Code of Ordinances to comply with employee contributions coverage under the city's group health plan for eligible employees and members. BACKGROUND AND FINDINGS: Full-time employees are eligible for group health plan coverage as defined by the city manager and, where elected, shall contribute an amount not to exceed 9.5% of the federal poverty line for a single individual for the applicable calendar year. Full-time employees shall contribute fifty (50) percent of the cost for dependent group health plan coverage for Citicare, if such coverage is elected. Members of the city council and their dependents are eligible for the city's group health plan coverage, and where elected, shall contribute at the same rate as full-time employees for the cost of such coverage. ALTERNATIVES: No alternative; rules and regulations must be periodically reviewed and kept up to date. OTHER CONSIDERATIONS: "Not applicable" CONFORMITY TO CITY POLICY: This is consistent with the City's Human Resources Mission to support City departments in meeting their workforce requirements. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Human Resources FINANCIAL IMPACT: No 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: Human Resources recommends the ordinance be passed. LIST OF SUPPORTING DOCUMENTS: Ordinance — Amending Section 39-309 of the Corpus Christi Code of Ordinances Ordinance Amending Section 39-309 of the Corpus Christi Code of Ordinances to change employee contribution for health plan coverage and remove Citicare Premium Plan; and providing for severance and an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Chapter 39, Section 309 Coverage under the city's group health plan for eligible employees and members of the city council, is amended as follows: Sec. 39-309. - Coverage under the city's group health plan for eligible employees and members of the city council. (a) Full-time employees are eligible for group health plan coverage as defined by the city manager and, where elected, shall contribute an amount not to exceed 9.5% of the federal poverty line for a single individual for the applicable calendar year. (b) Full-time employees shall contribute fifty (50) per cent of the cost for dependent group health plan coverage for Citicare, if such coverage is elected. (c) Members of the city council and their dependents are eligible for the city's group health plan coverage, and where elected, shall contribute at the same rate as full-time employees for the cost of such coverage. 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. Page 1 SECTION 3. This ordinance takes effect upon passage. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio 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 Page 2 SC F v AGENDA MEMORANDUM NCORPOBPIE� First Reading Item for the City Council Meeting of September 20, 2016 1852 Second Reading Item for the City Council Meeting of September 27, 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 Constance P. Sanchez, Director of Finance constancep@cctexas.com (361) 826-3227 Ordinance Appropriating Fund Proceeds Fiscal Year 2015 - 2016 CAPTION: Ordinance appropriating amounts of: (a) $12,448.80; (b) $634,195.66 (c) $970,898.79; (d) $87,186.67; and (e) $66,872.15 into the Airport CIP, Bond Proceeds, Utility Revenue Bond, Specialty Bond Proceeds and other Unappropriated Funds, respectively, for the following purposes: City's match for future FAA Grant Projects, Bayfront, Public Facilities, Fire, Police, Public Health and Safety, Sanitary Landfill, Library, Convention Center, Parks, and Streets, and as further detailed in Attachment 1; changing the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase expenditures accordingly. PURPOSE: This item will appropriate all unappropriated capital proceeds accrued from August 1, 2015 through May 31, 2016 in the City's respective Capital Improvement Program Funds. BACKGROUND AND FINDINGS: This agenda item is a routine practice to efficiently manage City finances and provides additional funds which can be used for approved projects and debt service payments. It also facilitates the closure of older funds to comply with arbitrage regulations and is a responsible fiduciary practice for governmental accounting. These unappropriated capital revenues come from a variety of sources including interest earnings, miscellaneous revenues collected, and reimbursements. (See Attachment A). Miscellaneous funding for this year includes Clean Energy Credit Rebates, Street Assessments collected, and recovery of expenses on a closed project. ALTERNATIVES: 1. Appropriate the funds as recommended. 2. Do not appropriate funds (not recommended) OTHER CONSIDERATIONS: I CONFORMITY TO CITY POLICY: Conforms to statutes regarding the City's financial policies. EMERGENCY/NON-EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: Finance Department FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 15-16 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount This item 1,771,602.07 1,771,602.07 BALANCE 1,771,602.07 1,771,602.07 Fund(s): This item will appropriate $1,771,602.07 in interest and other revenues to the funds listed in Attachment One. RECOMMENDATION: City Staff recommend the approval of this item so the unappropriated funds can be appropriated into their corresponding funds. LIST OF SUPPORTING DOCUMENTS: Attachment One Ordinance UNAPPROPRIATED REVENUE FROM CAPITAL IMPROVEMENT FUNDS From 08/01/2015 to 05/31/2016 SECTION 1 : AIRPORT FUND FUND NAME AMOUNT 3018 Airport CIP Fund (Capital Reserves) 2,080.70 3019 Airport CIP Fund (Other) 1,110.35 3024 Airport 2000A CIP Fund (Rev) 718.21 3025 Airport 2000B Rev/2012 GO 30.73 3026 Airport 2012 CO CIP Fd 7,310.76 4621 AIRPORT PFC (2) FUND (4621) 27.08 4631 Airport CFC 2010 CO CIP fund 86.62 4632 Airport CFR 1,084.35 SECTION 1 -AIRPORT TOTAL: 12,448.80 SECTION 2: BOND PROCEEDS FUND FUND NAME AMOUNT 3126 Bayfront Dev 09 GO CIP (Bond 08) 19,211.04 3160 City Facilities CIP Fund 325.40 3162 Public Facility 2013 GO (Bd 2012) 14,073.32 3164 Facility Maintenance CIP 2015 CO 3,118.46 3191 Fire Improvements 09 GO CIP Fd (Bond 08) 6,505.19 3341 Police Improvements 09 GO CIP Fd (Bond 08) (6.60) 3342 Police 2013 GO (Bond 2012) 1,911.99 3350 Public Hlth and Safety CIP Fd 27.93 3359 Public H & S 2004 CIP Fund (CO) 287.46 3362 Sanitary Landfill 2006 CIP FD 225.17 3365 Sanitary Landfill 2008 CIP(CO) 2,104.56 3366 Public H&S 2013 GO CIP (Bd 2012) 720.60 3367 Landfill 2015 CO's 19,033.48 PUBLIC H&S SUB -TOTAL: 67,538.00 3226 Library 09 GO CIP Fd (Bond 08) 264.78 3182 Convention Center 2010 CIP Fund (CO) 90.66 3280 Park CIP 33.27 3289 Park & Rec 2005 CIP Fund (GO) 372.51 3290 Park & Rec 08 Tax Notes CIP Fund (NT) 6.40 3291 Park&Rec 09 GO CIP Fd (Bond08) 802.67 3292 Parks & Rec 2010 GO (Bond 08) 2,996.33 3293 Parks & Rec 2013 GO (Bd 2012) 46,351.48 3294 Park and Rec 2015 GO (Bd 2014) 23,385.42 PARK SUB -TOTAL: 73,948.08 SECTION 2: BOND PROCEEDS (continued) FUND FUND NAME 3530 Street CIP Fund 3541 Street 2005 CIP Fund (GO) 3544 Street 2007A CIP Fund (GO) 3545 Street 08 TN CIP Fund (NT) 3546 Street 09 GO CIP Fund (Bond 08) 3548 Street 2012 GO CIP Fund (Bond 08) 3549 Street 2013 GO CIP (Bond 2012) 3550 Streets 2013 TN (Bd 2014 Design) 3551 Streets 2015 GO (Bond 2014) 3701 Developer Participation (Bond 2012) STREET SUB -TOTAL: AMOUNT 4,741.83 5,577.59 44.29 338.59 10,164.35 27,281.72 142,391.41 12,104.90 281,541.90 8,167.56 492,354.14 SECTION 2 - BOND PROCEEDS TOTAL: 634,195.66 SECTION 3: UTILITY REVENUE BONDS Amount 3480 Storm Water CIP Fund 1,703.38 3492 Storm Water 2006 CIP Fd (RVBd) (0.58) 3493 Storm Water 2012 CIP Fd (RvBd) 865.23 3494 Storm Water 2012A CIP Fd (RvBd) 14,205.55 3495 Storm Water 2012B CIP (Rev Bds) 58,336.95 3496 Storm Water 2012A CIP (Bond 2012) 6,588.44 3497 Storm Water 2013 CIP (Rev Bds) 38,864.96 3498 Storm Water 2013 CIP (Bond 2012) 42,062.95 4525 Storm Water 09 CIP Fd -(rev bonds) (0.18) 4526 Storm Water 09 CIP Fd -(rev bd 08 GO) 905.51 4528 Storm Water 2010A CIP REV tax-exmpt 395.86 4529 Storm Water 2010B REV Txbl BAB 3,085.17 4530 Storm Water 2015 CIP 36,836.47 4531 Storm Water 2015 CIP (Bd Sprt) 39,378.09 4540 Storm Water Capital Reserves 6,602.07 STORM WATER SUB -TOTAL: 249,829.87 3600 Gas CIP Fund 2.71 4551 Gas 09 CIP Fund -(rev bd-08GO) 820.41 4553 Gas 2010A CIP REV tax -exempt (1.41) 4556 Gas 2012A CIP (bd 2012) 135.65 4555 Gas 2012B CIP Fd (Rev Bds) 15.19 4557 Gas 2013 CIP (Rev Bds) 4,315.23 4558 Gas 2013 CIP (bd 2012) 741.79 4559 Gas 2015 CIP 8,286.58 4560 Gas Capital Reserve 1,701.04 4561 Gas 2015 CIP (Bond Support) 3,453.64 GAS SUB -TOTAL: 19,470.83 4080 Water CIP Fund 12,290.34 4086 Water 2007A-1 CIP (TMPC CO) 242.95 4087 Water 2010 TWDB-WIF Loan (Rev) 0.00 4088 Water 2012 CIP Fd (RvBd) 3,879.04 4089 Water 2012A CIP Fd (RvBd) 31,094.02 4091 Water 2012B CIP Fund (Rev Bds) 29,686.94 4092 Water 2012A CIP (Bd 2012) 2,016.54 4093 Water 2013 CIP (Rev Bds) 63,259.16 4094 Water 2013 CIP (Bd 2012) 10,839.70 4095 Water 2014 CIP MRP 2 120,630.79 4096 WTRCP PL Water 2015 CIP 76,786.57 4097 WTRCP PL Water 2015 CIP (bd sprt) 24,031.63 4475 Water 09 CIP Fd (rev bd) (0.40) 4476 Water 09 CIP Fd (rev bd-08GO) 108.10 4478 Water 2010A CIP REV tax-exmpt 1,060.70 4479 Water 2010B REV Txbl BAB 7,453.46 4480 Water capital reserves 506.77 4481 Raw Water Supply Development Charge CIP 1,018.28 WATER SUB -TOTAL: 384,904.59 3430 Wastewater CIP Fund 66.53 4242 Wastewater 1995A CIP Fund(SRF) 2,001.33 4247 Wastewater 2012 CIP Fd (RvBd) 524.84 4248 Wastewater 2012A CIP Fd (RvBd) 6,850.22 4249 Wastewater 2012B CIP (Rev Bds) 50,558.23 4250 Wastewater 2006 CIP Fd (Rev Bds) 248.26 4251 Wastewater 2012A CIP (Bd 2012) 1,239.64 4252 Wastewater 2013 CIP (Bd 2012) 82,574.97 4253 Wastewater 2013 CIP (Rev Bds) 8,243.63 4254 WWWCP PL Wastewater 2015 CIP 105,314.58 4255 WWWCP Wastewater 2015 CIP 25,772.13 4501 WasteW 09 CIP Fd -(rev bd-08GO) 467.95 4503 WasteW 2010A CIP Rev Tax Exempt 39.19 4504 Wastewater 2010B REV Txbl BAB 3,063.92 4510 Wastewater Capital Reserves 29,728.08 WASTEWATER SUB -TOTAL: 316,693.50 SECTION 3 -UTILITY REVENUE BONDS TOTAL: 970,898.79 SECTION 4: SPECIALTY BONDS Amount 3489 Storm Water 2007A-1 (TMPC CO) 5,587.69 4246 Wastewater 2007A-1 (TMPC CO) 659.93 3542 Street 2007A-1 CIP (TMPC GO) 2,274.94 3543 Street 2007A-1 CIP (TMPC CO) 8,306.88 TMPC SUB -TOTAL: 16,829.44 3270 Seawall CIP Fund (2002 Sales Tax Rev.Bds) 8.79 3271 Seawall System CIP Fund 2,236.61 3272 Seawall Maintenance Reserve Fd 56,651.48 3274 Arena Type A 338.95 SALES TAX BOND SUB -TOTAL: 59,235.83 3163 Energy Effcny CIP 2014 PPFCO 3,955.17 3278 Packery Channel Projects TIF#2 7,166.23 SECTION 4 - SPECIALTY BONDS TOTAL: 87,186.67 SECTION 5: OTHER UNAPPROPRIATED FUNDS 3160 City Facilities CIP Fund 3530 Street CIP: Street Assessments 3530 Street CIP: Recovery of expenses SECTION 5 - OTHER UNAPPROPRIATED TOTAL: Amount 13,357.74 44,514.41 9,000.00 66,872.15 GRAND TOTAL UNAPPROPRIATED REVENUE: 1,771,602.07 Ordinance appropriating amounts of: (a) $12,448.80; (b) $634,195.66 (c) $970,898.79; (d) $87,186.67; and (e) $66,872.15 into the Airport CIP, Bond Proceeds, Utility Revenue Bond, Specialty Bond Proceeds and other Unappropriated Funds, respectively, for the following purposes: City's match for future FAA Grant Projects, Bayfront, Public Facilities, Fire, Police, Public Health and Safety, Sanitary Landfill, Library, Convention Center, Parks, and Streets, and as further detailed in Attachment 1; changing the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 to increase expenditures accordingly. NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: Section 1. An amount of $12,448.80 in Airport Capital Improvement Plan (CIP) interest earnings is appropriated in the funds as listed in Attachment 1, Section 1 for the City's match for future FAA Grant Projects. Section 2. An amount of $634,195.66 in Bond Proceed interest earnings for Bayfront, Public Facilities, Fire, Police, Public Health and Safety, Sanitary Landfill, Library, Convention Center, Parks, and Streets is appropriated in the funds as listed in Attachment 1, Section 2 for the stated bond projects not yet complete, similar projects to be approved by City Council or the payment of debt service. Section 3. An amount of $970,898.79 in Utility Revenue Bond interest earnings is appropriated in the funds as listed in Attachment 1, Section 3 for the support of the City's approved Capital Improvement Program. Section 4. An amount of $87,186.67 in Specialty Bond Proceed interest earnings, Sales Tax Bonds for the Seawall and Arena, Packery Channel Bonds, and Energy Efficiency Bonds is appropriated in the funds as listed in Attachment 1, Section 4 for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and as determined by the Type A Board. Section 5. An amount of $66,872.15 in Other Appropriated Funds for street assessments, energy rebates and lease rental is appropriated in the funds as listed in Attachment 1, Section 5 for the repair of city streets and other street expenses to be approved by City Council. Section 6. The FY 2015 Capital Improvement Budget adopted by Ordinance No. 030621 is changed to increase expenditures by $1,771,602.07. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED on this the day of 4111• ATTEST: Rebecca Huerta City Secretary CITY OF CORPUS CHRISTI Nelda Martinez Mayor muS AGENDA MEMORANDUM First Reading of an Ordinance for the City Council Meeting of Sept 20, 2016 NCORROP pEO 1852 Second Reading of an Ordinance for the City Council Meeting of Sept 27, 2016 DATE: August 9, 2016 TO: Margie C. Rose, City Manager FROM: Alyssa M. Barrera, Business Liaison AlyssaB(a-)-cctexas.com (361) 826-3356 Daniel McGinn, Interim Director, Development Services Department DanielMcacctexas.com (361) 826-3595 Disannexation of CITGO Owned Property and Creation of new Industrial District Agreement CAPTION: Ordinance disannexing from the City of Corpus Christi, Texas, an approximately 54.35 - acre tract of land and an approximately 3.89 -acre tract of land, both owned by CITGO Refining and Chemicals Company, L.P., and located in Nueces County; adjusting the City boundaries; amending ordinance no. 029958 by adjusting the boundary of the City's Industrial District No. 1 to include the disannexed tracts; authorizing the City Manager, or designee, to execute an industrial district agreement with CITGO Refining and Chemicals Company, L.P., requiring the payment in lieu of taxes in an amount equal to 100 percent of the ad valorem taxes that would be due if the tracts were in city limits, and to file the industrial district agreement in the official records of Nueces County; providing for publication; and providing for severance. PURPOSE: This item is a two-part action to disannex certain property owned by CITGO Refining and Chemicals Company, LP (CITGO), from the City and create an Industrial District Agreement (IDA) with CITGO for 100% Payment -In -Lieu -of -Taxes (PILOT). CITGO intends to invest $8 million in these properties over the next three years. BACKGROUND AND FINDINGS: In September 2013, the City Council approved a Master IDA with modifications to key financial provisions, including the removal of a clause regarding treatment of "contiguous property," in the City limits. Since the creation of the Industrial District in 1980, companies had acquired properties inside City limits, but the "contiguous property," clause created an avenue for operations to continue as though the property was in the Industrial District. Many of these properties were vacant, meaning the PILOT on land was the same as the taxes due on land in city limits. For the 2015 IDA, the clause was removed because as development continued and improvements were constructed on the properties, future PILOT would be lower at a rate. Removal of the "contiguous property" clause was agreed to by industry representatives during our 5 -month negotiation process, but the City did receive inquiries during the first billing cycle of the new IDA. One inquiry came from CITGO, who had begun planning construction of $8 million in improvements on vacant properties inside City limits (no longer subject to a "contiguous property," clause). CITGO provided written request to have the properties disannexed and included in their existing IDA. Another key provision in the 2015 IDA, the Most Favored Nations clause, states the City cannot offer any more favorable treatment to one landowner in the Industrial District. Thus disannexing the property to accommodate a lower PILOT on the improvements was not an option. CITGO has agreed to a 100% PILOT on Land and Improvements for the properties, and continuing to pay Business Personal Property at 100%. The subject properties are generally located between Poth Lane and Buddy Lawrence Drive and between IH 37 and Gibson Street. All of the properties are located within the boundaries of Industrial District No. 1 and, once disannexed the property will be subject to an executed Industrial District Agreement. (See attached) ALTERNATIVES: To deny CITGO's request for disannexation. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Provide adequate and suitably -zoned land for both light and heavy Industries. (Corpus Christi Policy Statements, Land Use, Industrial a.) EMERGENCY/NON-EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal Department Development Services Business Liaison, Executive Departments FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2015-2016 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: No budgetary impact as CITGO will pay a fee in lieu of property taxes equal to the amount of taxes required if the property was inside city limits. RECOMMENDATION: Approval LIST OF SUPPORTING DOCUMENTS: Ordinance — CITGO Disannexation / IDA 6B Site Maps - Disannexation Area Industrial District Agreement 6B - CITGO Presentation — CITGO Disannexation / IDA 6B ORDINANCE DISANNEXING FROM THE CITY OF CORPUS CHRISTI, TEXAS, AN APPROXIMATELY 54.35 -ACRE TRACT OF LAND AND AN APPROXIMATELY 3.89 - ACRE TRACT OF LAND, BOTH OWNED BY CITGO REFINING AND CHEMICALS COMPANY, L.P., AND LOCATED IN NUECES COUNTY; ADJUSTING THE CITY BOUNDARIES; AMENDING ORDINANCE NO. 029958 BY ADJUSTING THE BOUNDARY OF THE CITY'S INDUSTRIAL DISTRICT NO. 1 TO INCLUDE THE DISANNEXED TRACTS; AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH CITGO REFINING AND CHEMICALS COMPANY, L.P., REQUIRING THE PAYMENT IN LIEU OF TAXES IN AN AMOUNT EQUAL TO 100 PERCENT OF THE AD VALOREM TAXES THAT WOULD BE DUE IF THE TRACTS WERE IN CITY LIMITS, AND TO FILE THE INDUSTRIAL DISTRICT AGREEMENT IN THE OFFICIAL RECORDS OF NUECES COUNTY; PROVIDING FOR PUBLICATION; AND PROVIDING FOR SEVERANCE. WHEREAS, under Texas Local Government Code Chapter 42, Section 42.044, the Governing body of any city has the right, power and authority to designate any part of the area located in its extraterritorial jurisdiction as an Industrial District, and to treat such area from time to time as such governing body may deem to be in the best interest of the City; and WHEREAS, included in such rights and powers of the governing body of any city is the permissive right and power to enter into written agreements with the owner or owners of land in the extraterritorial jurisdiction of a city to guarantee the continuation of the extraterritorial status of such land, and immunity from annexation by the city for a period of time, and other such terms and considerations as the parties might deem appropriate; and WHEREAS, it is the established policy of the City Council of the City of Corpus Christi, Texas (the " City"), to adopt reasonable measures permitted by law that will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein as being in the best interest of the City and its citizens; and WHEREAS, under said policy and the provisions of Section 42.044, Texas Local Government Code, the City of Corpus Christi has enacted Ordinance No. 15898, approved November 26, 1980, as amended, indicating its willingness to enter into industrial district agreements with industries located within its extraterritorial jurisdiction and designating the specified land areas as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2; and WHEREAS, in order to correct certain boundary issues and to authorize new industrial district agreements to replace those that were about to expire, the City of Corpus Christi has enacted Ordinance No. 029958, approved September 17, 2013, which reestablished the boundaries of the land areas known as Corpus Christi Industrial Development Area Page 1 of 4 No. 1 and Corpus Christi Industrial Development Area No. 2 and renamed such areas "Industrial District No. 1 and Industrial District No. 2", herein collectively called "Industrial Districts;" and WHEREAS, CITGO Refining and Chemicals Company, LP ("CITGO") wishes to have certain parcels that it owns added to an Industrial District Agreement ("IDA") with the City in order to have consistent regulations governing its adjacent property inside the current boundaries of Industrial District Number 1 ("ID1"); and WHEREAS, in order to add the parcels owned by CITGO to ID1, the City must disannex these parcels from the City boundaries, as authorized by Texas Local Government Code Section 43.142 and Article 1, Section 2 of the City Charter, and adjust the boundaries of ID1 to include those parcels; and WHEREAS, CITGO has agreed to enter into an IDA pertaining to the parcels that will commit to paying 100 percent of ad valorem taxes that would be due for the parcels were they inside city boundaries, and the City Council has determined that this arrangement would best serve the public's health, necessity, and convenience and the general welfare of the City and its citizens. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The findings contained in the preamble of this Ordinance are determined to be true and correct and are hereby adopted as a part of this Ordinance. SECTION 2. An approximately 54.35 -acre tract of land owned by CITGO and located in Nueces County is disannexed from the City of Corpus Christi, Texas city limits and boundaries depicted and described in the attached Map and Metes and Bounds Describing Tract A. SECTION 3. An approximately 3.89 -acre tract of land owned by CITGO and located in Nueces County is disannexed from the City of Corpus Christi, Texas city limits and boundaries depicted and described in the attached Map and Metes and Bounds Describing Tract B. SECTION 4. The boundaries of the City of Corpus Christi, Texas are adjusted to exclude that property comprising the above referenced tracts of land. SECTION 5. Ordinance 029958, is amended by replacing that portion of Exhibit A of Ordinance 029958, which lays out the boundaries of Industrial District No. 1, with the attached Map and Metes and Bounds Showing the Boundary of Industrial District No. 1. That portion of Exhibit A laying out the boundaries of Industrial District No. 2 shall remain the same. Ordinance 029958 as amended is re -authorized. SECTION 6. The City Council approves and authorizes the City to enter into the attached Industrial District Agreement No. 6B with CITGO, which requires CITGO to pay as a Page 2 of 4 payment in lieu of taxes an amount equal to 100 percent of the ad valorem taxes that would be due for the two tracts were they inside the city boundaries, and to file such agreement in the official records of Nueces County. The City Manager, or designee, is hereby authorized to execute such documents and all related documents on behalf of the City of Corpus Christi. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. SECTION 7. If Section 5, Section 6, or the attached Industrial District Agreement No. 6B is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, then this ordinance shall be void and no longer in effect. If any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, thatjudgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 8. 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. Page 3 of 4 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 Michael Hunter Chad Magill Colleen McIntyre Lucy Rubio Mark Scott Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre PASSED AND APPROVED, this the ATTEST: Rebecca Huerta City Secretary Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn th day of Nelda Martinez Mayor Page 4 of 4 Map and Metes and Bounds Describing Tract A HD DEVELOPMENT, LLC fx6l,V zmxc Di visio v 9s10 Leopard 5t. corpus mristl, TX 78409 www.govinddevelopmenl.com Office: (361) 241.2777 • Fai: (361) 241.2200 METES AND BOUNDS OF A 54.35 ACRE TRACT Being 54.35 acres of land, more or less, out of portions of Harbor View Estates Subdivision recorded in Volume 5, Pages 48-49, Grace Heights Addition recorded in Volume 12, Page 11, Revised Map of Oak Park recorded in Volume 5, Pages 9-10, Oak Lawn recorded in Volume 5, Page 27, and Driscoll Village recorded in Volume 12, Page 43, all in Map Records of Nueces County, Texas, and this 54.35 acre tract being more particularly described by metes and bounds as follows: Beginning at the north corner of this tract, said comer also being the north comer of Lot 1, Block M, of said Harbor View Estates Subdivision, said corner being at the intersection of the southeast right-of-way of Poth Lane with the southwest right-of-way line of the now closed Gibson Street; Thence southeassterly with a curve to the left having a radial bearing of N 30-55-31 E, 300.07 feet, a central angle of 20-17-23, a radius of 300.07 feet, a length of 106.26 feet, to a corner of this tract being the east comer of said Lot 1 and the north comer of Lot 50, Block M; Thence S 30-47-06 W with the northwest boundary of said Lot 50, 73.79 feet, to an interior corner of this tract, said interior comer being the west comer of said Lot 50 and a common comer to Lots 3, 4, and 44, Block M; Thence S 59-12-54 E, 50.00 feet, to an interior comer of this tract, said corner being the south corner of Lot 49 and the west corner of Lot 48, Block M; Thence N 30-47-06 E, at 92.95 feet pass the north comer of said Lot 48, the same being the former south right-of-way line of Gibson Street, in all 123.32 feet to the beginning of a curve to the right; Thence with said curve to the right and with the north boundary of this tract, said curve having a radial bearing of S 16-55-32 W, 239.50 feet, a central angle of 14-00-05, a radius of 239.50 feet, a length of 58.53 feet; Thence S 59-0423 E with the northeast boundary of this tract, 697.21 feet, to the east comer of this tract and the east comer of said Harbor View Estates Subdivison, said comer being at the centerline of Retama Avenue; Thence S 30-08-06 W with the east boundary of this tract and said Harbor View Estates Subdivision, the same being the centerline of Retama Avenue, 685.28 feet, to an interior comer of this tract, said corner being on the northeast boundary of said Oak Lawn Subdivision; Thence S 59-12-54 E with a north boundary of this tract and the north boundary of said Oak Lawn Subdivision, 430.19 feet, to an east comer of this tract, said corner being on the present west right-of-way of Buddy Lawrence Drive; Thence S 00-29-49 E with the west right-of-way line of Buddy Lawrence Drive, 752.65 feet, to a southeast comer of this tract and the southeast corner of Lot 1C, Block 1, Driscoll Village recorded in Volume 14, Page 59, Map Records of Nueces County, Texas; Thence S 88-18-30 W with the south boundary of said Lot 1C, 78.06 feet, to a comer of this tract and a common comer of Lots 1B and 1C of said Driscoll Village; Thence N 59-45-00 W with a south boundary of this tract, at 78.06 feet pass the southwest corner of said Lot 1B, being on the southeast right-of-way line of the now closed portion of Erwin Avenue, in all 128.06 feet, to an interior comer of this tract, said corner being south corner of Lot 16 and the east comer of Lot 17, Block 4 of the aforementioned Oak Lawn Subdivision; Thence S 30-15-00 W with the northwest right-of-way of Erwin Avenue, 150.00 feet, to the south comer of Lot 19 and the east comer of Lot 20 of said Block 4; Thence N 59-45-00 W, 140.00 feet, to a common comer of Lots 3, 4, 19 and 20 of said Block 3; Thence S 30-15-00 W, 50.00 feet, to a common comer of Lots 2, 3, 20 and 21 of said Block 3; Thence N 59-45-00 W, at 140.00 feet pass the southeast right-of-way of Oak Park Avenue, in all 210.00 feet to a corner being on the northwest right-of-way line of Oak Park Avenue and being the south corner of Lot 20 and the east corner of Lot 21, Block 1, Oak Lawn Subdivision; Thence S 30-04-31 W, 50.11 feet, to the common comer of Lots 21 and 22 at the northwest right-of-way of Oak Park Avenue; Thence N 59-45-02 W, 139.61 feet, to the common corner of Lots 1,2, 21, and 22; Thence S 30-19-42 W, 62.48 feet, to the south comer of Lot 1 and the west corner of Lot 22 being on the northeast right-of-way line of Ash Street; Thence N 59-49-29 W, at 140.00 feet pass the west comer of Lot 1 being at the intersection of the northwest right-of-way line of Ash Street with the southeast right -of way line of Retama Avenue, at 167.50 feet leave Oak Lawn Subdivison and enter Grace Heights Addition, in all 195.76 feet to the south corner of intersection of the northwest right-of-way line of Retama Avenue with the northeast right-of-way line of the now closed Ash Street; Thence S 29-28-54 W with the northwest right-of-way line of Retama Avenue, at 27.50 feet leave Grace Heights Addition and enter Oak Park Addition, in all 170.14 feet, to the south corner of Lot 11 and the east comer of Lot 10, Block 17, Oak Park Addition; Thence N 59-42-06 W, 127.00 feet, to the common comer of Lots 2, 3, 10 and 11, of said Block 17; Thence S 29-28-54 W, 120.00 feet, to the common corner of Lots 4, 5, 8 and 9, of said Block 17; Thence N 59-42-06 W, at 127.00 feet pass the north comer of said Lot 5, the same being the west comer of said Lot 4, in all 177.00 feet, to the south comer of Lot 9 and the east comer of Lot 8, Block 16; Thence S 29-28-54 W, 59.97 feet, to the south comer of said Lot 8 and the east comer of Lot 7; Thence N 58-37-09 W, 122.50 feet, to the common corner of Lots 5, 6, 7 and 8; Thence S 30-52-24 W, 60.00 feet, to the south comer of said Lot 6 and west comer of Lot 7; Thence N 59-42.06 W, at 129.13 feet pass the west comer of said Lot 6, in all 179.13 feet to the south comer of Lot 7, Block 15, Oak Park Addition; Thence S 30-47-47 W, at 50.00 feet pass the east corner of Lot 7, Block 12, Oak Park Addition, in all 108.07 feet, to the south comer of Lot 7 and the east comer of Lot 6; Thence N 59-37-15 W, 126.31 feet, to the north comer of said Lot 6 and the west comer of Lot 7, said comer being on the southeast boundary of Lot 8; Thence S 30-01-38 W, 25.00 feet, to a corner being on the common boundary between said Lots 7 and 8; Thence N 59-12-54 W, 63.51 feet, to a corner being on the common boundary of Lots 8 and 1, Block 12, Oak Park Addition; Thence S 30-01-38 W, 17.82 feet, to the common corner of Lots 1, 2, 3 and 8. Thence N 59-12-54 W, 68.39 feet, to the west corner of Lot 1 and the north comer of Lot 2, said comer being on the southeast right-of-way line of Poth Lane; Thence N 30-47-06 E with the east right-of-way line of Porth Lane at 540.32 leave Oak Park Addition and enter Grace Heights Addition, in all 1017.99 feet to the north comer of Lot 39, Block 1, Grace Heights Addition being on the south boundary of Harbor View Estates; Thence S 59-12-54 E, 104.00 feet, to the south corner of Lot 11, Block C, Harbor View Estates; Thence N 30-47-06 E, 122.50 feet, to the east comer of Lot 7, Block C, Harbor View Estates; Thence N 59-12-54 W, 104.00 feet, to the north comer of said Lot 7, said comer being on the southeast right-of-way line of Poth Lane; Thence N 30-47-06 E, 50.00 feet, to the west comer of Lot 15, Block D, Harbor View Estates; Thence S 59-12-54 E, 104.00 feet, to the south corrner of said Lot 15; Thence N 30-47-06 E, 379.72 feet, to the east comer of Lot 1, Block D, Harbor View Estates; Thence N 59-12-54 W, 104.00 feet, to the north comer of said Lot 1 being on the southeast right-of-way line of Poth Lane; Thence N 30-47-06 E, 50.00 feet, to the west comer of Lot 23, Block M, Harbor View Estates; Thence S 59-12-54 E, 104.00 feet, to the south comer of said Lot 23; Thence N 30-47-06 E, 51.80 feet, to the east comer of Lot 22 and south comer of Lot 21; Thence N 59-12-54 W, 104.00 feet, to the west comer of said Lot 21 and the north comer of said Lot 22 on the southeast right-of-way of Poth Lane; Thence N 30-47-06 E, 100.00 feet, to the west comer of Lot 17 and north comer of Lot 18, Block M, Harbor View Estates; Thence S 59-12-54 E, 104.00 feet, to the south corner of Lot 17 and the east comer of Lot 18; Thence N 30-47-06 E, 50.00 feet, to the south corner of Lot 15 and the east corner of Lot 16,Block M, Harbor View Estates; Thence N 59-12-54 W, 104.00 feet,—to the west corner of Lot 15 and the north corner of Lot 16 being on the southeast right-of-way line of Poth Lane; Thence N 30-47-06 E, 355.30 feet, to the place of beginning and containing 54.35 acres of land, more or less. Notes: 1. This metes and bounds description based on recorded information and found monumentation on the ground. 2. Limits of this description based on criteria provided by Citgo. 3. Bearings are State Plane Grid. GOVIND DEVELOPMENT, LLC OF rF George Rubalcaba RPLS LSLS g GEORGE RUBALCABA .................... Survey Group Manager 8-17-2016 'r qR 4229 °SUS�W 0 F Zo y� ¢�a,l GEORGE RUBALCABA \�•:°,p 4229 P� IN D W PA8 x.34 ALIS iRICT 8y 3 Tract A 1r e° 54.35 ACRE TRACT n N 37 S 3.89 ACRE TRACT Tract B zq am NDa Harr dt o CURVE TABLE a4vE our. 4.+ous NIDNI m.+4ucs IPc uNCD+ a rlrn ]oo m•, ass•]rE 1 cx � m'a» xxssa•'i v'm' + l� v 1 —1. V n iWi rN5 —1 is ME wro coNNEn ro ra efsr v w 8/17/1 ND•12DDE IS AUr2ttD ON rME . cNamo. wcusr a. xo+e GEORGE RUBALCABA 42N ua u4 '.,IRrIDb4t —W u + ' Ns+Yw1e +wm of Nu.rat 44.4D ui Wtp4at to. mf w N]rn'Nt v4.7x' us xsru4.1 m•m' E]e Nlr.rwt mm ur W+x'!a +wm• L]4 N]r1Twt 41.40' Vo ' Nlr+x'Sllr +alm' N1r17'mt UI Wv'wt ux Nga'wt +v m L4] 1x54'+rw1P w m' NE E. 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GPS a45CW.rtlNi MS DUN'Na REPRCS[Hi4 'N aallarDONa TMr pRtO Ar � I tIC R rNE .D CDNDUCRa W4JSt ] xa'e 4DNL Nl}H DLtO IND YM RECa4a PlraRl{Irinl oFIEs AMD AD1mDs GESC.— •[CaNPN INR aArnNc. EXHIBIT A OOVIND DEVELOPMENT, LLC. CITOO 84.38 ACRE AND 3.89 ACRE TRACTS UECES COUNTY TEXAS ne No o.n..ia w 0° 1p � 16CTODT4T SMT T Map and Metes and Bounds Describing Tract B DEVELOPMENT, LLC ENG/NffR/NG D/V/5I0 v 9510 Leopard St. Corpus Will, TX 78409 www.jovingdevelopmeol.com 0111ce: (361) 241.2777 • Fax: (361) 241.2200 METES AND BOUNDS OF 3.89 ACRE TRACT Being 3.89 acres of land, more or less, out of a 4.90 acre tract referred to as Tract 1 in plat of Southwestern Oil and Refining Company Tracts 1, 2, and 3 recorded in Volume 28, Page 1, Map Records of Nueces County, Texas save and except the 1.02 acre tract in plat of Southwestern Oil and Refining Company Tract 1-R recorded in Volume 39, Page 89, M.R.N.C.T., and this 3.89 acre tract being more particularly described by metes and bounds as follows: Beginning at the southwest corner of this tract and said 4.90 acre tract, said comer being at the intersection of the east right-of-way of Buddy Lawrence Drive with the former northeast right-of-way line of the now closed Huisache Street; Thence N 01-41-30 W with the west boundary of this tract and said 4.90 acre tract, the same being the east right-of-way line of Buddy Lawrence Drive, 435.75 feet, to the northwest comer of this tract and said 4.90 acre tract; Thence S 59-18-00 E with the northeast boundary of this tract and said 4.90 acre tract and leaving said east right-of-way line of Buddy Lawrence Drive, 575.05 feet, to the northeast comer of this tract, the same being the northwest corner of said Tract 1-R; Thence S 32-47-27 W with the east boundary of this tract, the same being the west boundary of said Tract 1- R and crossing said 4.90 acre tract, 385.05 feet to the southeast corner of this tract, the same being the southwest comer of said Tract 1-R said comer lying on the southwest boundary of said 4.90 acre tract, the same being the northeast right-of-way line of the now closed Huisache Street; Thence N 56-21-30 W with the southwest boundary of this tract and said 4.90 acre tract, the same being the former northeast right-of-way line of Huisache Street, 328.01 feet, to the point of beginning and containing 3.89 acres of land, more or less. Notes: 1. This metes and bounds description based on recorded information and not from an on the ground survey. 2. Limits of this description based on criteria provided by Citgo. 3. Bearings are based on east right-of-way line of Buddy Lawrence Drive as per recorded plat. GOVIND DEVELOPMENT, LLC OF fa.�+ George Rubalcaba, RPLS, LSLS GEORGE RUBALCABA .................... Survey Group Manager 8-11-2016�•44229 ,� o� ,�o.SU Rv��� IN raa w.a .na iM°Li 8. vn ts•, .a]a 1 ir: c.T ? Tract A �r Qo 54.35 ACRE TRACT LINE TABLE tK K— emwlcE u swn•mv n.n' u iir13'wt mm' u - Mlrarmt m ]Y La �mPu'»vl nor u yMsvo'aawt.. »m' Le 'swlrm m- L> NSPa!'mY 1a0 m' u mPlrmv moo' u M woov ;lom• uo srw]IY m.n' MSPa!'eSY , —.1' LII 9]Ole'aSY ' e3.N' W :nr.M`o nvr ius 'sn»'wv IToer U. 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Ola NM ocE as suM,rt.]o ox TME !� r.,ILc GEORGE RUBALCA8.4 4zt nr. � • ^•w��O1'• .. eI39 EXHIBIT A GOVIND DEVELOPMENT, LLC. CITOO 8.95 ACRE AND 9.88 ACRE TRACTS IJECEG COUNTY TEX" 17gwrzT ;; ' m waoe Mo orr°wc Mo °°�'° ts7 SHT 1 Map and Metes and Bounds Showing the Boundary of Industrial District No. 1 Corpus Christi Industrial District No. 1 Approximately 9,775 Acres within Nueces County, Texas, outside the city limits of the City of Corpus Christi and generally bounded on the southwest by the northeast right-of-way of Interstate Highway No. 37, on the north by the south shoreline of the Nueces River and Nueces Bay, on the West by the East right-of-way of Carbon Plant Road (Joe Fulton Corridor) from Interstate Highway No. 37 to McKinzie Lane and the north right-of-way of McKinzie Lane from the east right-of-way of Carbon Plant Road to the east property line of the City's Allison Wastewater Treatment Plant and along the east property line of the City's Allison Wastewater plant from McKinzie Lane to the Nueces River. 1) BEGINNING at the northeast corner of Tract "B", Nueces View Tracts as recorded in Volume 28, Page 64 of the Map Records of Nueces County, TX, same being the northeast corner of the City's Allison Wastewater Treatment Plant; 2) THENCE in an easterly direction with the meanders of the south shoreline of the Nueces River and Nueces Bay to the northwest corner of Block 1, Lot 150 of the Porto Bello Subdivision as recorded in Volume 47, Pages 144-145 of the Map Records of Nueces County, Texas; 3) THENCE southwesterly along the westerly boundary line of the Porto Bello Subdivision to the southwesterly corner of Lot 1, Block 1; 4) THENCE southeasterly along the southerly boundary line of said Lot 1 to the current City Limits of the City of Corpus Christi; 5) THENCE southwesterly along said City Limit line to a point where the centerline of Avenue "F" intersects the northerly right-of-way line of Burleson Street; 6) THENCE northwesterly along the north right-of-way of Burleson Street to the southwesterly boundary line of lot 1, Block 174 of the Brooklyn Addition as recorded in Volume A, Page 32 of the Map Records of Nueces County, Texas; 7) THENCE northeasterly through said Block 174 to the northwesterly corner of Lot 11: 8) THENCE southeasterly along the northeasterly boundary line of said Lot 11 to the northeasterly corner thereof, 9) THENCE northeasterly along the northwesterly right-of-way line of Avenue "H" to a point on the northerly boundary line of a 6.19 Acre Tract of land known as Tract "A" of the Brooklyn Acreage; 10) THENCE northwesterly along the northeasterly boundary of said Tract "A" to the northwesterly corner thereof; 11) THENCE southwesterly along the westerly boundary of said Tract "A" and the continuation thereof to the southerly right-of-way of Burleson Street; 12) THENCE southeasterly along the southerly right-of-way of Burleson Street to the centerline of Avenue „F,,, 13) THENCE southwesterly along the centerline of said Avenue "F" and the extension thereof to a point on the original City Limit line as surveyed by C. F. H. Von Blucher in August, 1883; 14) THENCE westerly along said original City Limit line to the northwest corner thereof; 15) THENCE southerly continuing along said original City Limit line to the north corner of a 13.602 acre tract annexed by City Ordinance #022441; 16) THENCE around said 13.602 acre tract: a. S31041'45"W a distance of 1257.54' to a point on the northwesterly right-of-way line of the Missouri Pacific railroad; b. S61027'47"E along said right-of-way a distance of 290.36' c. S61023'34"E continuing along said right-of-way a distance of 175.07' d. S31015'00"W crossing said right-of-way a distance of 130.06' to a point; e. 561123'30"E a distance of 87.35' to a point; f. S31°41'45"W a distance of 159.95' to a point; g. 558118'15"E a distance of 416.24' to a point on said original City Limits; 17) THENCE southerly continuing along said original City Limit line to the north corner of a 0.0018 acre tract annexed by City Ordinance #022441; 18) THENCE around said 0.0018 acre tract: a. S27134'30'W a distance of 16.58' to a point;. b. 558°18'14"E a distance of 9.37' to a point on said original City Limits; 19) THENCE southerly continuing along said original City Limit line to a point on the northwesterly right-of- way line of Nueces Bay Boulevard; 20) THENCE southwesterly along the northwesterly right-of-way line of Nueces Bay Boulevard to the easterly corner of Tract 1, Pontiac Tracts as recorded in Volume 57 Page 64 of the Map Records of Nueces County, Texas; 21) THENCE around said Tract 1: a. N55°55'12"W a distance of 300.09' to a point at the northerly corner thereof, b. 531015'0(Y"W a distance of 171.81' to an angle point therein; c. S34059'12"W a distance of 98.43' to a point at the westerly corner thereof, being on the northeasterly boundary line of the Baymoor Addition as recorded in Volume 4, Page 42 of the Map Records of Nueces County, Texas; 22) THENCE northwest along the northeasterly boundary line of said Baymoor Addition to the northwest corner of Lot 20S, same point being a northerly corner of Tract "H" of the Pontiac Tracts as recorded in Volume 55, Page 135 of the Map Records of Nueces County, Texas; 23) THENCE 522042'30"W along said Tract "H" a distance of 31.49' to an angle point therein; 24) THENCE northwesterly, with the northerly line of said Tract "H" and the northerly line of a 4.90 acre tract referred to as Tract 1 in plat of Southwestern Oil and Refining Company Tracts 1, 2, and 3 recorded in Volume 28, Page 1, Map Records of Nueces County, Texas, to the northwest corner of Southwestern Oil and Refining Company Tract 1-11, recorded in Volume 39, Page 89, Map Records of Nueces County, Texas, for a corner of this tract; 2 25) THENCE 5 32.47'27" W, with the west boundary of said Tract 1-11 and crossing said 4.90 acre tract, 385.05 feet to a corner of this tract, the same being the southwest corner of said Tract 1-11 said corner lying on the southwest boundary of said 4.90 acre tract, the same being the northeast right-of-way line of the now closed Huisache Street; 26) THENCE N 56°21'30" W, with the southwest boundary of said 4.90 acre tract, the same being the former northeast right-of-way line of Huisache Street, 328.01 feet the east right-of-way of Buddy Lawrence Drive for a corner of this tract; 27) THENCE N O1°41'30" W, with the west boundary of said 4.90 acre tract, the same being the east right- of-way line of Buddy Lawrence Drive, 435.75 feet, to the northwest corner of said 4.90 acre tract; 28) THENCE northwesterly, crossing Buddy Lawrence to the present west right-of-way of said Buddy Lawrence Drive; 29) THENCE S 00-29-49 E with the west right-of-way line of Buddy Lawrence Drive, 752.65 feet, to a corner of this tract and the southeast corner of Lot 1C, Block 1, Driscoll Village recorded in Volume 14, Page 59, Map Records of Nueces County, Texas; 30) THENCE 5 88-18-30 W with the south boundary of said Lot 1C, 78.06 feet, to a corner of this tract and a common corner of Lots 1B and 1C of said Driscoll Village; 31) THENCE N 59-45-00 W with a south boundary of this tract, at 78.06 feet pass the southwest corner of said Lot 1B, being on the southeast right-of-way line of the now closed portion of Erwin Avenue, in all 128.06 feet, to an interior corner of this tract, said corner being south corner of lot 16 and the east corner of lot 17, Block 4 of the aforementioned Oak Lawn Subdivision; 32) THENCE S 30-15-00 W with the northwest right-of-way of Erwin Avenue, 150.00 feet, to the south corner of lot 19 and the east corner of lot 20 of said Block 4; 33) THENCE N 59-45-00 W, 140.00 feet, to a common corner of Lots 3,4, 19 and 20 of said Block 3; 34) THENCE 5 30-15-00 W, 50.00 feet, to a common corner of Lots 2, 3, 20 and 21 of said Block 3; 35) THENCE N 59-45-00 W, at 140.00 feet pass the southeast right-of-way of Oak Park Avenue, in all 210.00 feet to a corner being on the northwest right-of-way line of Oak Park Avenue and being the south corner of Lot 20 and the east corner of lot 21, Block 1, Oak Lawn Subdivision; 36) THENCE S 30-04-31 W, 50.11 feet, to the common corner of Lots 21 and 22 at the northwest right-of- way of Oak Park Avenue; 37) THENCE N 59-45-02 W, 139.61 feet, to the common corner of Lots 1,2, 21, and 22; 38) THENCE S 30-19-42 W, 62.48 feet, to the south corner of Lot 1 and the west corner of Lot 22 being on the northeast right-of-way line of Ash Street; 39) THENCE N 59-49-29 W, at 140.00 feet pass the west corner of Lot 1 being at the intersection of the northwest right-of-way line of Ash Street with the southeast right -of way line of Retama Avenue, at 3 167.50 feet leave Oak Lawn Subdivison and enter Grace Heights Addition, in all 195.76 feet to the south corner of intersection of the northwest right-of-way line of Retama Avenue with the northeast right-of-way line of the now closed Ash Street; 40) THENCE S 29-28-54 W with the northwest right-of-way line of Retama Avenue, at 27.50 feet leave Grace Heights Addition and enter Oak Park Addition, in all 170.14 feet, to the south corner of Lot 11 and the east corner of Lot 10, Block 17, Oak Park Addition; 41) THENCE N 59-42-06 W, 127.00 feet, to the common corner of Lots 2, 3, 10 and 11, of said Block 17; 42) THENCE S 29-28-54 W, 120.00 feet, to the common corner of Lots 4, 5, 8 and 9, of said Block 17; 43) THENCE N 59-42-06 W, at 127.00 feet pass the north corner of said Lot 5, the same being the west corner of said Lot 4, in all 177.00 feet, to the south corner of lot 9 and the east corner of Lot 8, Block 16; 44) THENCE S 29-28-54 W, 59.97 feet, to the south corner of said Lot 8 and the east corner of Lot 7; 45) THENCE N 58-37-09 W, 122.50 feet, to the common corner of Lots 5, 6, 7 and 8; 46) THENCE 5 30-52-24 W, 60.00 feet, to the south corner of said Lot 6 and west comer of Lot 7; 47) THENCE N 59-42.06 W, at 129.13 feet pass the west corner of said Lot 6, in all 179.13 feet to the south corner of Lot 7, Block 15, Oak Park Addition; 48) THENCE 5 30-47-47 W, at 50.00 feet pass the east corner of Lot 7, Block 12, Oak Park Addition, in all 108.07 feet, to the south corner of Lot 7 and the east corner of Lot 6; 49) THENCE N 59-37-I5 W, 126.31 feet, to the north corner of said Lot 6 and the west corner of Lot 7, said corner being on the southeast boundary of Lot 8; 50) THENCE 5 30-01-38 W, 25.00 feet, to a corner being on the common boundary between said Lots 7 and 8; 51) THENCE N 59-12-54 W, 63.51 feet, to a corner being on the common boundary of Lots 8 and 1, Block 12, Oak Park Addition; 52) THENCE 5 30-01-38 W, 17.82 feet, to the common corner of Lots 1, 2,3 and 8. 53) THENCE N 59-12-54 W, 68.39 feet, to the west corner of Lot 1 and the north corner of Lot 2, said corner being on the southeast right-of-way line of Poth Lane; 54) THENCE N 30-47-06 E with the east right-of-way line of Poth Lane at 540.32 leave Oak Park Addition and enter Grace Heights Addition, in all 1017.99 feet to the north corner of lot 39, Block 1, Grace Heights Addition being on the south boundary of Harbor View Estates; 55) THENCE S 59-12-54 E, 104.00 feet, to the south comer of lot 11, Block C, Harbor View Estates; 56) THENCE N 30-47-06 E, 122.50 feet, to the east corner of Lot 7, Block C, Harbor View Estates; 0 57) THENCE N 59-12-54 W, 104.00 feet, to the north corner of said Lot 7, said corner being on the southeast right-of-way line of Poth Lane; 58) THENCE N 30-47-06 E, 50.00 feet, to the west corner oftot 15, Block D, Harbor View Estates; 59) THENCE 5 59-12-54 E, 104.00 feet, to the south corner of said Lot 15; 60) THENCE N 30-47-06 E, 379.72 feet, to the east corner of Lot 1, Block D, Harbor View Estates; 61) THENCE N 59-12-54 W, 104.00 feet, to the north corner of said Lot 1 being on the southeast right-of- way line of Path Lane; 62) THENCE N 30-47-06 E, 50.00 feet, to the west corner of Lot 23, Block M, Harbor View Estates; 63) THENCE S 59-12-54 E, 104.00 feet, to the south corner of said Lot 23; 64) THENCE N 30-47-06 E, 51.80 feet, to the east corner of lot 22 and south corner of Lot 21; 65) THENCE N 59-12-54 W, 104.00 feet, to the west corner of said Lot 21 and the north corner of said Lot 22 on the southeast right-of-way of Poth Lane; 66) THENCE N 30-47-06 E, 100.00 feet, to the west corner of Lot 17 and north corner of Lot 18, Block M, Harbor View Estates; 67) THENCE 5 59-12-54 E, 104.00 feet, to the south corner of Lot 17 and the east corner of Lot 18; 68) THENCE N 30-47-06 E, 50.00 feet, to the south corner of Lot 15 and the east corner of Lot 16, Block M, Harbor View Estates; 69) THENCE N 59-12-54 W, 104.00 feet, to the west comer of Lot 15 and the north corner of Lot 16 being on the southeast right-of-way line of Poth Lane; 70) THENCE N 30-47-06 E, 355.30 feet, to the place of beginning and containing 54.27 acres of land, more or less; 71) THENCE southeasterly with a curve to the left having a radial bearing of N 30-55-31 E, 300.07 feet, a central angle of 20-17-23, a radius of 300.07 feet, a length of 106.26 feet, to a corner of this tract being the east corner of said Lot 1 and the north corner of Lot 50, Block M; 72) THENCE S 30-47-06 W with the northwest boundary of said Lot 50, 73.79 feet, to an interior corner of this tract, said interior corner being the west corner of said Lot 50 and a common corner to Lots 3, 4, and 44, Block M; 73) THENCE S 59-12-54 E, 50.00 feet, to an interior corner of this tract, said corner being the south corner of Lot 49 and the west corner of Lot 48, Block M; 74) THENCE N 30-47-06 E, at 92.95 feet pass the north corner of said Lot 48, the same being the former south right-of-way line of Gibson Street, in all 123.32 feet to the beginning of a curve to the right; 75) THENCE with said curve to the right and with the north boundary of this tract, said curve having a radial bearing of 516-55-32 W, 239.50 feet, a central angle of 14-00-05, a radius of 239.50 feet, a length of 58.53 feet; 76) THENCE northwesterly along the northerly boundary line of said Harbor View Estates and the extension thereof, partially along the centerline of Gibson Street, to a point on the west right-of-way line of Poth Lane; 77) THENCE northeasterly along the west right-of-way line of Poth Lane to the northeasterly corner of land of Magellan Terminal Holdings, LP as described in Documents #2004020907 and #1999033783 of the Official Public Records of Nueces County, Texas; 78) THENCE northwesterly along the northeasterly boundary line of said Magellan Terminal Holdings LP to a point on the southerly right-of-way line of the Missouri Pacific Railroad; 79) THENCE southwesterly along said southerly right-of-way line to the northwesterly boundary line of said Magellan Terminal Holdings, LP to a point; 80) THENCE southwesterly along the westerly boundary line of said Magellan Terminal Holdings, LP to a point where the northwesterly boundary line of Country Club Place as recorded in Volume 4, Page 3 of the Map Records of Nueces County, Texas, meets the northerly right-of-way line of Interstate Highway 37; 81) THENCE northwesterly along said northerly right-of-way to its intersection with the northeasterly right- of-way line of Up River Road (Shell Road); 82) THENCE northwesterly along said northeasterly right-of-way of Up River Road to the southeasterly corner of Lot 3, Navigation Heights Annex #3 as recorded in Volume 40, Page 119 of the Map Records of Nueces County, Texas; 83) THENCE around said Lot 3: a. N36017'20"E a distance of 177.95' to a point at the northeasterly corner thereof, b. N53138'30"W a distance of 186.97' to the northwesterly corner thereof, c. S18033'30"W a distance of 176.57' to the northeasterly right-of-way of Up River Road; 84) THENCE northwesterly along said northeasterly right-of-way line of Up River Road to the easterly right- of-way line of Cantwell Lane; 85) THENCE northeasterly along said easterly right-of-way to its intersection with the extension of the northerly boundary line of a 3.37 Acre tract of land out of Share 3A of the Kaler Tract "D" (unrecorded plat) 86) THENCE northwesterly across said right-of-way and along the northerly boundary line of said 3.37 Acre Tract (tax ID3875-0003-0140) to the northwesterly corner thereof; 87) THENCE southwesterly along the westerly boundary line of said 3.37 Acre Tract and of Share 2A, F. H. Kaler Partition as shown on plat thereof recorded in Volume 9, Page 58 of the Map Records of Nueces County, Texas, to a point on the northeasterly right-of-way line of Up River Road; 6 88) THENCE northwesterly along said northeasterly right-of-way line of Up River Road to the easterly extension of a right-of-way to a 1 Acre tract of land out of Lot 1, Block 1, Coastal Javelina Addition as recorded in Volume 54, Page 56 of the Map Records of Nueces County, Texas, said 1 Acre tract described by metes and bounds in City Ordinance #028451; 89) THENCE southwesterly across said Up River Road and along said easterly right-of-way line to the north boundary line of said 1 Acre tract (not platted, see tax ID 1661-0001-0012 and Document #2013013372 of the Official Public Records of Nueces County, Texas); 90) THENCE easterly, southerly, westerly, and northerly around said 1 Acre tract to the southerly right-of- way serving said tract; 91) THENCE westerly along said southerly right-of-way line to the west boundary line of said Lot 1, Block 1; 92) THENCE northeasterly along said west boundary line of said Lot 1, Block 1 and the extension thereof to a point on the northeasterly right-of-way line of Up River Road; 93) THENCE northwesterly along said northeasterly right-of-way line of Up River Road to the westerly extension of the right-of-way line of County Road 52A; 94) THENCE southwesterly across said Up River Road and along said westerly right-of-way line of County Road 52A to its terminus; 95) THENCE southeasterly along said right-of-way and along the southerly boundary of a 13.28 Acre tract out of the Ohler Tract of the Dunn Tract and described in Document #2004014391 of the Official Public Records of Nueces County, Texas, to a point on the northwesterly boundary line of Block 8, Academy Heights Unit 1 as recorded in Volume 26, Page 85 of the Map Records of Nueces County, Texas; 96) THENCE southwesterly along said northwesterly boundary line of Academy Heights Unit 1 and along the northwesterly boundary line of Academy Heights Unit 2 as recorded in Volume 42, Page 188 of the Map records of Nueces County, Texas to a point on the northerly right-of-way line of Interstate Highway 37; 97) THENCE northwesterly along said right-of-way line of Interstate Highway 37 to the southeasterly boundary line of Lot 1, Block 3 of the Interstate Industrial Complex as recorded in Volume 32, Page 36 of the Map Recoded of Nueces County, Texas; 98) THENCE around said Lot 1: a. N00039'47"E a distance of 300.00' to a point at the northeasterly corner thereof; b. N80051'25"W a distance of 519.65' to the northwesterly corner thereof, c. S00°44'41"W along the east right-of-way of Corn Products Road a distance of 200.00' to the northerly right-of-way of Interstate Highway 37; 99) THENCE northwesterly crossing said Corn Products Road and continuing along said right-of-way line of Interstate Highway 37 to the southwesterly boundary line of Lot 15, Block 1 of the Interstate Industrial Complex Unit 1 as recorded in Volume 34, Page 24 of the Map Recoded of Nueces County, Texas; 100) THENCE northwesterly along the east right-of-way line of Complex Boulevard to the southwesterly boundary line of Lot 16, Block 1 of said Interstate Industrial Complex; 7 101) THENCE northeasterly along the southeasterly boundary line of said Lot 16 to the southeast corner thereof; 102) THENCE northerly along the easterly boundary line of said Block 1 to the midpoint of Lot 19; 103) THENCE westerly along said midpoint of Lot 19 and extending across Complex Boulevard to a point on the west right-of-way thereof; 104) THENCE southerly along the west right-of-way of Complex Boulevard to a point on the northerly right-of- way of Interstate Highway 37; 105) THENCE northwesterly along said right-of-way line of Interstate Highway 37 to the easterly right-of-way of Southern Minerals Road; 106) THENCE northerly along the east right-of-way line of Southern Minerals Road to the southerly right-of- way line of Up River Road; 107) THENCE southeasterly along the south right-of-way line of Up River Road to the northwesterly corner of Lot 1, Block 1 of the Missouri Pacific Industrial Area as Recorded in Volume 52, Page 83 of the Map Records of Nueces County, Texas; 108) THENCE around said Lot 1: a. 501026'W a distance of 437.96' to a point at the southwesterly corner thereof; b. 554°44'45"E a distance of 172.72' to the southeasterly corner thereof; c. N01026'W a distance of 507.96' to a point on the south right-of-way line of Up River Road; 109)THENCE southeasterly along the south right-of-way line of Up River Road to the northwesterly corner of a 3.75 Acre tract of land described in Document #200100777 of the Official Public Records of Nueces County, Texas; 110) THENCE around said tract southerly, southeasterly, and northerly, crossing Up River Road to a point on the north right-of-way thereof; 111) THENCE northwesterly along the north right-of-way line of Up River Road to its intersection of the west right-of-way line of Southern Minerals Road; 112) THENCE southerly along the west right-of-way of Southern Minerals Road to a point on the northerly right-of-way of Interstate Highway 37; 113) THENCE northwesterly along said right-of-way line of Interstate Highway 37 to the southerly corner of Lot 7, Block 1, Goldston Addition as Recorded in Volume 55, Page 87 of the Map Records of Nueces County, Texas; 114) THENCE around said Lot 7 northerly, westerly, and southerly to a point on the north right-of-way line of Interstate Highway 37; 115) THENCE northwesterly along said right-of-way line of Interstate Highway 37 to the easterly right-of-way line of Hunter Road; 8 116) THENCE northerly along the east right-of-way line of Hunter Road to the southwesterly corner of a tract of land described in Document #2012022560 of the Official Public Records of Nueces County, Texas (Tax ID 0272-0100-0300); 117) THENCE easterly along the south boundary line of said tract to the southeast corner thereof; 118) THENCE northerly along the east boundary line of said tract and along the east boundary line of a tract of land described in Document #2012022560 of the Official Public Records of Nueces County, Texas (Tax ID 0272-0100-0200); 119) THENCE northwesterly and westerly along the north boundary line of said tract to the east right-of-way line of Hunter Road; 120) THENCE northerly along the east right-of-way line of Hunter Road to its intersection with the south right- of-way line of Up River Road; 121) THENCE southeasterly along the south right-of-way line of Up River Road to the northwest comer of Lot 3, P. V. Alexander as shown on Volume 34, Page 18 of the Map Records of Nueces County, Texas; 122)THENCE southwesterly along the west boundary line of said Lot 3 to the southwest corner thereof, 123) THENCE southeasterly along the southwest boundary line of said tract and along the southwest boundary line of a tract of land described in Document #2012022560 of the Official Public Records of Nueces County, Texas (Tax ID 0272-0100-0000); 124) THENCE easterly along the southerly boundary line of boundary line of a tract of land described in Document #2012022560 of the Official Public Records of Nueces County, Texas (Tax ID 0272-0100-0400); 22S) THENCE northerly along the east boundary line of said tract and crossing Up River Road to a point on the north right-of-way thereof, 126)THENCE northwesterly along the north right-of-way line of Up River Road to its intersection of the west right-of-way line of Hunter Road; 127) THENCE southerly crossing Up River Road and along the west right-of-way line of Hunter Road to its Intersection with the north right-of-way line of Interstate Highway 37; 128) THENCE northwesterly along said right-of-way line of Interstate Highway 37 to the southeast corner of Lot 1, Block 1, Hunter Industrial Park as recorded in Volume 43, Page 128 of the Map Records of Nueces County, Texas; 129) THENCE northerly along the east boundary line of said Lot 1 to its intersection with the south right-of-way line of Up River Road; 130) THENCE northwesterly along the south right-of-way line of Up River Road to its intersection of the west right-of-way line of Suntide Road; 131)THENCE northwesterly crossing Up River Road to the intersection of the west right-of-way line of Suntide Road meets the north right-of-way of Up River Road; D 132) THENCE southeasterly crossing Suntide Road to the intersection of the east right-of-way line of Suntide Road meets the north right-of-way of Up River Road; 133) THENCE northerly along the east right-of-way line of Suntide Road to the southwest corner of an unplatted tract of land described in Document #946716 of the Official Public Records of Nueces County, Texas (Tax ID 0267-0002-0000); 134) THENCE around said tract easterly, northerly, and westerly crossing Suntide road to a point on the west right-of-way line thereof; 135) THENCE southerly along the west right-of-way line of Suntide Road to the northeast corner of West End Heights as recorded in Volume 15, Page 4 of the Map Records of Nueces County, Texas; 136) THENCE around said West End Heights: a. 589°3S'W a distance of 574.53' to a point at the northwest corner thereof; b. S00025'E a distance of 927.92' to the southwest corner thereof, being on the northeast right-of-way of Up River Road; 137) THENCE southeasterly along the northeast right-of-way line of Up River Road to the extension of the easterly boundary line of an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 7946-0000-3715); 138) THENCE southerly, crossing said Up River Road, and along the east boundary line of said unplatted tract to the southeast corner thereof, 139) THENCE northwesterly along the southwest boundary line of said unplatted tract and of an unplatted tract of land described in Document #978850 of the Official Public Records of Nueces County, Texas (Tax ID 7946-0000-3710) to the southwest corner thereof, 140) THENCE northerly along the west boundary line of said tract and the east boundary line of Tuloso Road Subdivision as recorded in Volume 13, Page 23 of the Map Records of Nueces County, Texas to the northeasterly corner thereof; 141) THENCE northeasterly crossing Up River road to the southeasterly corner of an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 0265- 0040-0100) to the southeast corner thereof; 142) THENCE northwesterly along the northeasterly right-of-way of Up River Road to its intersection with the northerly extension of the westerly right-of-way of Tuloso Road; 143) THENCE southwesterly crossing Up River road to the northeasterly corner of Lot 1, Block 1, Covington industrial Tracts recorded in Volume 46, Page 11 of the Map Records of Nueces County, Texas; 144) THENCE around said Covington Industrial Tract: a. 500003'14"W along the westerly right-of-way line of Tuloso Road a distance of 487.74' to a point at the southeasterly corner thereof, b. N66008'W a distance of 363.81' to the southwesterly corner thereof, c. N00003'14"E a distance of SOS.18' to a point on the southeasterly right-of-way of Up River Road; 10 145) THENCE northwesterly along the southeast right-of-way line of Up River Road to the northeasterly corner of an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 7946-0000-3920); 146) THENCE southerly along the easterly boundary line of said unplatted tract to the southeast corner thereof, 147) THENCE northwesterly along the southwest boundary line of said unplatted tract and of an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 7946.0000-0410) to the southwest corner thereof; 148) THENCE southerly along the easterly boundary line of an unplatted tract of land described in Document #2004031460 of the Official Public Records of Nueces County, Texas (Tax ID 7946-0000-3641) to the southeast corner thereof; 149) THENCE northwesterly along the northeasterly right-of-way of Interstate Highway 37 and the southwest boundary line of said unplatted tract to the southwesterly corner thereof; 150)THENCE northerly along the westerly boundary line of said unplatted tract and of an unplatted tract of land described in Document #2004031460 of the Official Public Records of Nueces County, Texas (Tax ID 7946-0000-4030) to the northwest corner thereof, 151) THENCE northwesterly along the southeast right-of-way line of Up River Road to the northeasterly corner of an unplatted tract of land described in Document #2007056023 of the Official Public Records of Nueces County, Texas (Tax ID 7946-0000-3505); 152) THENCE southerly along the easterly boundary line of said unplatted tract to the southeast corner thereof; 153) THENCE northwesterly along the northeasterly right-of-way of Interstate Highway 37 and the southwest boundary line of said unplatted tract and of an unplatted tract of land described in Document #2007056023 of the Official Public Records of Nueces County, Texas (Tax ID 7946-0000-3510) and of an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 8057-0000-0011) to the southwest corner thereof; 154)THENCE northerly along the westerly boundary line of said unplatted tract and of an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 8057-0000-0100) and of an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 8057-0000-0010) to the northwest corner thereof; 155) THENCE northeasterly crossing Up River Road to a point on the westerly right-of-way line of Renfrow Lane; 156) THENCE northeasterly along the westerly right-of-way line of said Renfrow Lane to its intersection with northeasterly corner of an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 0271-0042-0000); 157) THENCE westerly, southwesterly, northwesterly, and southwesterly to a point on the northeast right-of- way of Up River Road; 11 158) THENCE northwesterly along the northeast right-of-way line of Up River Road to the southeasterly corner of Lot 1, Block 1, Tecolote Tract as recorded in Volume 55, Page 100 of the Map Records of Nueces County, Texas; 159) THENCE northerly along the east boundary line of said Lot 1 to the southwesterly corner of an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 0266-0140-0100); 160) THENCE easterly, northeasterly, westerly and southerly to the northeast corner of said Tecolote Tract; 161) THENCE northwesterly along the northerly boundary line of said Tecolote Tract and an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 0266-0010-0305) to the northwest corner thereof, 162) THENCE southerly along the westerly boundary line of said unplatted lot to a point on the northeast right- of-way of Up River Road; 163) THENCE northwesterly along the northeast right-of-way line of Up River Road to its intersection with the westerly right-of-way line of Hearns Ferry Road; 164) THENCE northwesterly along the southwest right-of-way line of Hearns Ferry Road to the northeast corner of Lot 7, Awkerman Garden Lots as recorded in Volume 4, Page 38 of the Map Records of Nueces County, Texas; 165) THENCE southerly along the easterly boundary line of said Lot 7 to a point on the northeast right-of-way line of Up River Road; 166) THENCE northwesterly along the northeast right-of-way line of Up River Road to the southwesterly corner of Lot 6 of said Awkerman Garden Lots; 167) THENCE northerly along the westerly boundary line of said Lot 6 to a point on the southwest right-of-way line of Hearns Ferry Road; 168) THENCE northwesterly along the southwest right-of-way line of Hearns Ferry Road to the northerly boundary line of the said Awkerman Garden Lots; 169) THENCE westerly along the north boundary line of the said Awkerman Garden Lots and the extension thereof to a point on the northeasterly right-of-way line of Up River Road where it meets Interstate Highway 37; 170) THENCE northwesterly along the northeast right-of-way line of interstate Highway 37 to the southeasterly boundary line of an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 0268-0090-0500); 171) THENCE around said unplatted tract northerly, northwesterly, southwesterly, and southerly to a point on the northeasterly right-of-way of Interstate Highway 37; 172) THENCE northwesterly along the northeast right-of-way line of Interstate Highway 37 to the southeasterly boundary line of an unplatted tract of land described in Document #2008047494 of the Official Public Records of Nueces County, Texas (Tax ID 0268-0060-0003); 12 173) THENCE around said unplatted tract northeasterly, westerly, southwesterly, and southeasterly to a point on the northeasterly right-of-way of Interstate Highway 37; 174) THENCE northwesterly along the northeast right-of-way line of Interstate Highway 37 to its intersection with the easterly right-of-way line of Carbon Plant Road (Joe Fulton Corridor); 175) THENCE northeasterly along the southeast right-of-way line of Carbon Plant Road (Joe Fulton Corridor) to its intersection with the northerly right-of-way line of McKinzie Lane; 176)THENCE northwesterly along the northeast right-of-way line of McKinzie Lane to its intersection with the southeasterly corner of the Allison Wastewater Treatment Plant; 177) THENCE northerly along the easterly property line of the Allison Wastewater Treatment Plant to the south shoreline of the Nueces River and Point of Beginning and containing 9,775 Acres more of less; Together with 3 Island parcels described as follows: Area 1: 2.73 acres out of Lot 2, Block 1, Stateway Subdivision as recorded in Volume 38, Page 80 of the Map Records of Nueces County, Texas. Said 2.73 Acres being further described in Document #12011026606 of the Official Public Records of Nueces County, Texas. Area 2: Beginning at the southeast corner of Lot 1, Block 1, Stateway Subdivision as recorded in Volume 38, Page 12 of the Map Records of Nueces County, Texas; THENCE North 499.57' along the easterly boundary of said Lot 1 to the northeast corner thereof; THENCE southeasterly along the southwest right-of-way line of Up River Road to the westerly right-of-way line of Clarkwood Road; THENCE southwesterly along the west right-of-way line of Clarkwood Road to the northerly right-of-way line of Interstate Highway 37; THENCE northwesterly along the northeasterly right-of-way line of Interstate Highway 37 to the Point of Beginning; Area 3: 13 Lot 1, Block 1, Meaney Industrial Tracts as recorded in Volume 46, Page 180 of the Map Records of Nueces County, Texas; This document was prepared under 22 TAC§663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. il, 0 C -L �' 30-16 Russell D. 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Map and Metes and Bounds Describing Tract A HD DEVELOPMENT, LLC fx6l,V zmxc Di visio v 9s10 Leopard 5t. corpus mristl, TX 78409 www.govinddevelopmenl.com Office: (361) 241.2777 • Fai: (361) 241.2200 METES AND BOUNDS OF A 54.35 ACRE TRACT Being 54.35 acres of land, more or less, out of portions of Harbor View Estates Subdivision recorded in Volume 5, Pages 48-49, Grace Heights Addition recorded in Volume 12, Page 11, Revised Map of Oak Park recorded in Volume 5, Pages 9-10, Oak Lawn recorded in Volume 5, Page 27, and Driscoll Village recorded in Volume 12, Page 43, all in Map Records of Nueces County, Texas, and this 54.35 acre tract being more particularly described by metes and bounds as follows: Beginning at the north corner of this tract, said comer also being the north comer of Lot 1, Block M, of said Harbor View Estates Subdivision, said corner being at the intersection of the southeast right-of-way of Poth Lane with the southwest right-of-way line of the now closed Gibson Street; Thence southeassterly with a curve to the left having a radial bearing of N 30-55-31 E, 300.07 feet, a central angle of 20-17-23, a radius of 300.07 feet, a length of 106.26 feet, to a corner of this tract being the east comer of said Lot 1 and the north comer of Lot 50, Block M; Thence S 30-47-06 W with the northwest boundary of said Lot 50, 73.79 feet, to an interior corner of this tract, said interior comer being the west comer of said Lot 50 and a common comer to Lots 3, 4, and 44, Block M; Thence S 59-12-54 E, 50.00 feet, to an interior comer of this tract, said corner being the south corner of Lot 49 and the west corner of Lot 48, Block M; Thence N 30-47-06 E, at 92.95 feet pass the north comer of said Lot 48, the same being the former south right-of-way line of Gibson Street, in all 123.32 feet to the beginning of a curve to the right; Thence with said curve to the right and with the north boundary of this tract, said curve having a radial bearing of S 16-55-32 W, 239.50 feet, a central angle of 14-00-05, a radius of 239.50 feet, a length of 58.53 feet; Thence S 59-0423 E with the northeast boundary of this tract, 697.21 feet, to the east comer of this tract and the east comer of said Harbor View Estates Subdivison, said comer being at the centerline of Retama Avenue; Thence S 30-08-06 W with the east boundary of this tract and said Harbor View Estates Subdivision, the same being the centerline of Retama Avenue, 685.28 feet, to an interior comer of this tract, said corner being on the northeast boundary of said Oak Lawn Subdivision; Thence S 59-12-54 E with a north boundary of this tract and the north boundary of said Oak Lawn Subdivision, 430.19 feet, to an east comer of this tract, said corner being on the present west right-of-way of Buddy Lawrence Drive; Thence S 00-29-49 E with the west right-of-way line of Buddy Lawrence Drive, 752.65 feet, to a southeast comer of this tract and the southeast corner of Lot 1C, Block 1, Driscoll Village recorded in Volume 14, Page 59, Map Records of Nueces County, Texas; Thence S 88-18-30 W with the south boundary of said Lot 1C, 78.06 feet, to a comer of this tract and a common comer of Lots 1B and 1C of said Driscoll Village; Thence N 59-45-00 W with a south boundary of this tract, at 78.06 feet pass the southwest corner of said Lot 1B, being on the southeast right-of-way line of the now closed portion of Erwin Avenue, in all 128.06 feet, to an interior comer of this tract, said corner being south corner of Lot 16 and the east comer of Lot 17, Block 4 of the aforementioned Oak Lawn Subdivision; Thence S 30-15-00 W with the northwest right-of-way of Erwin Avenue, 150.00 feet, to the south comer of Lot 19 and the east comer of Lot 20 of said Block 4; Thence N 59-45-00 W, 140.00 feet, to a common comer of Lots 3, 4, 19 and 20 of said Block 3; Thence S 30-15-00 W, 50.00 feet, to a common comer of Lots 2, 3, 20 and 21 of said Block 3; Thence N 59-45-00 W, at 140.00 feet pass the southeast right-of-way of Oak Park Avenue, in all 210.00 feet to a corner being on the northwest right-of-way line of Oak Park Avenue and being the south corner of Lot 20 and the east corner of Lot 21, Block 1, Oak Lawn Subdivision; Thence S 30-04-31 W, 50.11 feet, to the common comer of Lots 21 and 22 at the northwest right-of-way of Oak Park Avenue; Thence N 59-45-02 W, 139.61 feet, to the common corner of Lots 1,2, 21, and 22; Thence S 30-19-42 W, 62.48 feet, to the south comer of Lot 1 and the west corner of Lot 22 being on the northeast right-of-way line of Ash Street; Thence N 59-49-29 W, at 140.00 feet pass the west comer of Lot 1 being at the intersection of the northwest right-of-way line of Ash Street with the southeast right -of way line of Retama Avenue, at 167.50 feet leave Oak Lawn Subdivison and enter Grace Heights Addition, in all 195.76 feet to the south corner of intersection of the northwest right-of-way line of Retama Avenue with the northeast right-of-way line of the now closed Ash Street; Thence S 29-28-54 W with the northwest right-of-way line of Retama Avenue, at 27.50 feet leave Grace Heights Addition and enter Oak Park Addition, in all 170.14 feet, to the south corner of Lot 11 and the east comer of Lot 10, Block 17, Oak Park Addition; Thence N 59-42-06 W, 127.00 feet, to the common comer of Lots 2, 3, 10 and 11, of said Block 17; Thence S 29-28-54 W, 120.00 feet, to the common corner of Lots 4, 5, 8 and 9, of said Block 17; Thence N 59-42-06 W, at 127.00 feet pass the north comer of said Lot 5, the same being the west comer of said Lot 4, in all 177.00 feet, to the south comer of Lot 9 and the east comer of Lot 8, Block 16; Thence S 29-28-54 W, 59.97 feet, to the south comer of said Lot 8 and the east comer of Lot 7; Thence N 58-37-09 W, 122.50 feet, to the common corner of Lots 5, 6, 7 and 8; Thence S 30-52-24 W, 60.00 feet, to the south comer of said Lot 6 and west comer of Lot 7; Thence N 59-42.06 W, at 129.13 feet pass the west comer of said Lot 6, in all 179.13 feet to the south comer of Lot 7, Block 15, Oak Park Addition; Thence S 30-47-47 W, at 50.00 feet pass the east corner of Lot 7, Block 12, Oak Park Addition, in all 108.07 feet, to the south comer of Lot 7 and the east comer of Lot 6; Thence N 59-37-15 W, 126.31 feet, to the north comer of said Lot 6 and the west comer of Lot 7, said comer being on the southeast boundary of Lot 8; Thence S 30-01-38 W, 25.00 feet, to a corner being on the common boundary between said Lots 7 and 8; Thence N 59-12-54 W, 63.51 feet, to a corner being on the common boundary of Lots 8 and 1, Block 12, Oak Park Addition; Thence S 30-01-38 W, 17.82 feet, to the common corner of Lots 1, 2, 3 and 8. Thence N 59-12-54 W, 68.39 feet, to the west corner of Lot 1 and the north comer of Lot 2, said comer being on the southeast right-of-way line of Poth Lane; Thence N 30-47-06 E with the east right-of-way line of Porth Lane at 540.32 leave Oak Park Addition and enter Grace Heights Addition, in all 1017.99 feet to the north comer of Lot 39, Block 1, Grace Heights Addition being on the south boundary of Harbor View Estates; Thence S 59-12-54 E, 104.00 feet, to the south corner of Lot 11, Block C, Harbor View Estates; Thence N 30-47-06 E, 122.50 feet, to the east comer of Lot 7, Block C, Harbor View Estates; Thence N 59-12-54 W, 104.00 feet, to the north comer of said Lot 7, said comer being on the southeast right-of-way line of Poth Lane; Thence N 30-47-06 E, 50.00 feet, to the west comer of Lot 15, Block D, Harbor View Estates; Thence S 59-12-54 E, 104.00 feet, to the south corrner of said Lot 15; Thence N 30-47-06 E, 379.72 feet, to the east comer of Lot 1, Block D, Harbor View Estates; Thence N 59-12-54 W, 104.00 feet, to the north comer of said Lot 1 being on the southeast right-of-way line of Poth Lane; Thence N 30-47-06 E, 50.00 feet, to the west comer of Lot 23, Block M, Harbor View Estates; Thence S 59-12-54 E, 104.00 feet, to the south comer of said Lot 23; Thence N 30-47-06 E, 51.80 feet, to the east comer of Lot 22 and south comer of Lot 21; Thence N 59-12-54 W, 104.00 feet, to the west comer of said Lot 21 and the north comer of said Lot 22 on the southeast right-of-way of Poth Lane; Thence N 30-47-06 E, 100.00 feet, to the west comer of Lot 17 and north comer of Lot 18, Block M, Harbor View Estates; Thence S 59-12-54 E, 104.00 feet, to the south corner of Lot 17 and the east comer of Lot 18; Thence N 30-47-06 E, 50.00 feet, to the south corner of Lot 15 and the east corner of Lot 16,Block M, Harbor View Estates; Thence N 59-12-54 W, 104.00 feet,—to the west corner of Lot 15 and the north corner of Lot 16 being on the southeast right-of-way line of Poth Lane; Thence N 30-47-06 E, 355.30 feet, to the place of beginning and containing 54.35 acres of land, more or less. Notes: 1. This metes and bounds description based on recorded information and found monumentation on the ground. 2. Limits of this description based on criteria provided by Citgo. 3. Bearings are State Plane Grid. GOVIND DEVELOPMENT, LLC OF rF George Rubalcaba RPLS LSLS g GEORGE RUBALCABA .................... Survey Group Manager 8-17-2016 'r qR 4229 °SUS�W 0 F Zo y� ¢�a,l GEORGE RUBALCABA \�•:°,p 4229 P� IN D W PA8 x.34 ALIS iRICT 8y 3 Tract A 1r e° 54.35 ACRE TRACT n N 37 S 3.89 ACRE TRACT Tract B zq am NDa Harr dt o CURVE TABLE a4vE our. 4.+ous NIDNI m.+4ucs IPc uNCD+ a rlrn ]oo m•, ass•]rE 1 cx � m'a» xxssa•'i v'm' + l� v 1 —1. V n iWi rN5 —1 is ME wro coNNEn ro ra efsr v w 8/17/1 ND•12DDE IS AUr2ttD ON rME . cNamo. wcusr a. xo+e GEORGE RUBALCABA 42N ua u4 '.,IRrIDb4t —W u + ' Ns+Yw1e +wm of Nu.rat 44.4D ui Wtp4at to. mf w N]rn'Nt v4.7x' us xsru4.1 m•m' E]e Nlr.rwt mm ur W+x'!a +wm• L]4 N]r1Twt 41.40' Vo ' Nlr+x'Sllr +alm' N1r17'mt UI Wv'wt ux Nga'wt +v m L4] 1x54'+rw1P w m' NE E. GPS a45CW.rtlNi MS DUN'Na REPRCS[Hi4 'N aallarDONa TMr pRtO Ar � I tIC R rNE .D CDNDUCRa W4JSt ] xa'e 4DNL Nl}H DLtO IND YM RECa4a PlraRl{Irinl oFIEs AMD AD1mDs GESC.— •[CaNPN INR aArnNc. EXHIBIT A OOVIND DEVELOPMENT, LLC. CITOO 84.38 ACRE AND 3.89 ACRE TRACTS UECES COUNTY TEXAS ne No o.n..ia w 0° 1p � 16CTODT4T SMT T LINE TABLE UNE 4LUN< parNxn Lx W lx'wt Sa m' u Nm.ra4tT +nm• y� `q u Nsvaa'mr +a w' u •zwls'mw +m.m• SITE Nsr.s'm1. +m Ea sorts v m• q a„� L4 NlP.S'm'M x+0 m' d s]rw•f+'N m n• LOCAT ON PLAN su x NR m Ns•a'v11 +am MIT !]r+Wft ax x L+] NSr11'11M � 1N r/' U. SA1]4'!1^4 i+e Ner•roer +nm• - ur •Nsr.rN+. u4 mm• U. s»xa'a.w 44.41 C]a NXfrwlr Ixfb' ul—Ax'x.'11• W 9fr•T•Tt~ mor Ir xsiarR'e no? Ea smox'N+4 am' tie mrlf•wb um' u4 '.,IRrIDb4t —W u + ' Ns+Yw1e +wm of Nu.rat 44.4D ui Wtp4at to. mf w N]rn'Nt v4.7x' us xsru4.1 m•m' E]e Nlr.rwt mm ur W+x'!a +wm• L]4 N]r1Twt 41.40' Vo ' Nlr+x'Sllr +alm' N1r17'mt UI Wv'wt ux Nga'wt +v m L4] 1x54'+rw1P w m' NE E. GPS a45CW.rtlNi MS DUN'Na REPRCS[Hi4 'N aallarDONa TMr pRtO Ar � I tIC R rNE .D CDNDUCRa W4JSt ] xa'e 4DNL Nl}H DLtO IND YM RECa4a PlraRl{Irinl oFIEs AMD AD1mDs GESC.— •[CaNPN INR aArnNc. EXHIBIT A OOVIND DEVELOPMENT, LLC. CITOO 84.38 ACRE AND 3.89 ACRE TRACTS UECES COUNTY TEXAS ne No o.n..ia w 0° 1p � 16CTODT4T SMT T Map and Metes and Bounds Describing Tract B DEVELOPMENT, LLC ENG/NffR/NG D/V/5I0 v 9510 Leopard St. Corpus Will, TX 78409 www.jovingdevelopmeol.com 0111ce: (361) 241.2777 • Fax: (361) 241.2200 METES AND BOUNDS OF 3.89 ACRE TRACT Being 3.89 acres of land, more or less, out of a 4.90 acre tract referred to as Tract 1 in plat of Southwestern Oil and Refining Company Tracts 1, 2, and 3 recorded in Volume 28, Page 1, Map Records of Nueces County, Texas save and except the 1.02 acre tract in plat of Southwestern Oil and Refining Company Tract 1-R recorded in Volume 39, Page 89, M.R.N.C.T., and this 3.89 acre tract being more particularly described by metes and bounds as follows: Beginning at the southwest corner of this tract and said 4.90 acre tract, said comer being at the intersection of the east right-of-way of Buddy Lawrence Drive with the former northeast right-of-way line of the now closed Huisache Street; Thence N 01-41-30 W with the west boundary of this tract and said 4.90 acre tract, the same being the east right-of-way line of Buddy Lawrence Drive, 435.75 feet, to the northwest comer of this tract and said 4.90 acre tract; Thence S 59-18-00 E with the northeast boundary of this tract and said 4.90 acre tract and leaving said east right-of-way line of Buddy Lawrence Drive, 575.05 feet, to the northeast comer of this tract, the same being the northwest corner of said Tract 1-R; Thence S 32-47-27 W with the east boundary of this tract, the same being the west boundary of said Tract 1- R and crossing said 4.90 acre tract, 385.05 feet to the southeast corner of this tract, the same being the southwest comer of said Tract 1-R said comer lying on the southwest boundary of said 4.90 acre tract, the same being the northeast right-of-way line of the now closed Huisache Street; Thence N 56-21-30 W with the southwest boundary of this tract and said 4.90 acre tract, the same being the former northeast right-of-way line of Huisache Street, 328.01 feet, to the point of beginning and containing 3.89 acres of land, more or less. Notes: 1. This metes and bounds description based on recorded information and not from an on the ground survey. 2. Limits of this description based on criteria provided by Citgo. 3. Bearings are based on east right-of-way line of Buddy Lawrence Drive as per recorded plat. GOVIND DEVELOPMENT, LLC OF fa.�+ George Rubalcaba, RPLS, LSLS GEORGE RUBALCABA .................... Survey Group Manager 8-11-2016�•44229 ,� o� ,�o.SU Rv��� IN raa w.a .na iM°Li 8. vn ts•, .a]a 1 ir: c.T ? Tract A �r Qo 54.35 ACRE TRACT LINE TABLE tK K— emwlcE u swn•mv n.n' u iir13'wt mm' u - Mlrarmt m ]Y La �mPu'»vl nor u yMsvo'aawt.. »m' Le 'swlrm m- L> NSPa!'mY 1a0 m' u mPlrmv moo' u M woov ;lom• uo srw]IY m.n' MSPa!'eSY , —.1' LII 9]Ole'aSY ' e3.N' W :nr.M`o nvr ius 'sn»'wv IToer U. 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Ola NM ocE as suM,rt.]o ox TME !� r.,ILc GEORGE RUBALCA8.4 4zt nr. � • ^•w��O1'• .. eI39 EXHIBIT A GOVIND DEVELOPMENT, LLC. CITOO 8.95 ACRE AND 9.88 ACRE TRACTS IJECEG COUNTY TEX" 17gwrzT ;; ' m waoe Mo orr°wc Mo °°�'° ts7 SHT 1 Map and Metes and Bounds Showing the Boundary of Industrial District No. 1 Corpus Christi Industrial District No. 1 Approximately 9,775 Acres within Nueces County, Texas, outside the city limits of the City of Corpus Christi and generally bounded on the southwest by the northeast right-of-way of Interstate Highway No. 37, on the north by the south shoreline of the Nueces River and Nueces Bay, on the West by the East right-of-way of Carbon Plant Road (Joe Fulton Corridor) from Interstate Highway No. 37 to McKinzie Lane and the north right-of-way of McKinzie Lane from the east right-of-way of Carbon Plant Road to the east property line of the City's Allison Wastewater Treatment Plant and along the east property line of the City's Allison Wastewater plant from McKinzie Lane to the Nueces River. 1) BEGINNING at the northeast corner of Tract "B", Nueces View Tracts as recorded in Volume 28, Page 64 of the Map Records of Nueces County, TX, same being the northeast corner of the City's Allison Wastewater Treatment Plant; 2) THENCE in an easterly direction with the meanders of the south shoreline of the Nueces River and Nueces Bay to the northwest corner of Block 1, Lot 150 of the Porto Bello Subdivision as recorded in Volume 47, Pages 144-145 of the Map Records of Nueces County, Texas; 3) THENCE southwesterly along the westerly boundary line of the Porto Bello Subdivision to the southwesterly corner of Lot 1, Block 1; 4) THENCE southeasterly along the southerly boundary line of said Lot 1 to the current City Limits of the City of Corpus Christi; 5) THENCE southwesterly along said City Limit line to a point where the centerline of Avenue "F" intersects the northerly right-of-way line of Burleson Street; 6) THENCE northwesterly along the north right-of-way of Burleson Street to the southwesterly boundary line of lot 1, Block 174 of the Brooklyn Addition as recorded in Volume A, Page 32 of the Map Records of Nueces County, Texas; 7) THENCE northeasterly through said Block 174 to the northwesterly corner of Lot 11: 8) THENCE southeasterly along the northeasterly boundary line of said Lot 11 to the northeasterly corner thereof, 9) THENCE northeasterly along the northwesterly right-of-way line of Avenue "H" to a point on the northerly boundary line of a 6.19 Acre Tract of land known as Tract "A" of the Brooklyn Acreage; 10) THENCE northwesterly along the northeasterly boundary of said Tract "A" to the northwesterly corner thereof; 11) THENCE southwesterly along the westerly boundary of said Tract "A" and the continuation thereof to the southerly right-of-way of Burleson Street; 12) THENCE southeasterly along the southerly right-of-way of Burleson Street to the centerline of Avenue „F,,, 13) THENCE southwesterly along the centerline of said Avenue "F" and the extension thereof to a point on the original City Limit line as surveyed by C. F. H. Von Blucher in August, 1883; 14) THENCE westerly along said original City Limit line to the northwest corner thereof; 15) THENCE southerly continuing along said original City Limit line to the north corner of a 13.602 acre tract annexed by City Ordinance #022441; 16) THENCE around said 13.602 acre tract: a. S31041'45"W a distance of 1257.54' to a point on the northwesterly right-of-way line of the Missouri Pacific railroad; b. S61027'47"E along said right-of-way a distance of 290.36' c. S61023'34"E continuing along said right-of-way a distance of 175.07' d. S31015'00"W crossing said right-of-way a distance of 130.06' to a point; e. 561123'30"E a distance of 87.35' to a point; f. S31°41'45"W a distance of 159.95' to a point; g. 558118'15"E a distance of 416.24' to a point on said original City Limits; 17) THENCE southerly continuing along said original City Limit line to the north corner of a 0.0018 acre tract annexed by City Ordinance #022441; 18) THENCE around said 0.0018 acre tract: a. S27134'30'W a distance of 16.58' to a point;. b. 558°18'14"E a distance of 9.37' to a point on said original City Limits; 19) THENCE southerly continuing along said original City Limit line to a point on the northwesterly right-of- way line of Nueces Bay Boulevard; 20) THENCE southwesterly along the northwesterly right-of-way line of Nueces Bay Boulevard to the easterly corner of Tract 1, Pontiac Tracts as recorded in Volume 57 Page 64 of the Map Records of Nueces County, Texas; 21) THENCE around said Tract 1: a. N55°55'12"W a distance of 300.09' to a point at the northerly corner thereof, b. 531015'0(Y"W a distance of 171.81' to an angle point therein; c. S34059'12"W a distance of 98.43' to a point at the westerly corner thereof, being on the northeasterly boundary line of the Baymoor Addition as recorded in Volume 4, Page 42 of the Map Records of Nueces County, Texas; 22) THENCE northwest along the northeasterly boundary line of said Baymoor Addition to the northwest corner of Lot 20S, same point being a northerly corner of Tract "H" of the Pontiac Tracts as recorded in Volume 55, Page 135 of the Map Records of Nueces County, Texas; 23) THENCE 522042'30"W along said Tract "H" a distance of 31.49' to an angle point therein; 24) THENCE northwesterly, with the northerly line of said Tract "H" and the northerly line of a 4.90 acre tract referred to as Tract 1 in plat of Southwestern Oil and Refining Company Tracts 1, 2, and 3 recorded in Volume 28, Page 1, Map Records of Nueces County, Texas, to the northwest corner of Southwestern Oil and Refining Company Tract 1-11, recorded in Volume 39, Page 89, Map Records of Nueces County, Texas, for a corner of this tract; 2 25) THENCE 5 32.47'27" W, with the west boundary of said Tract 1-11 and crossing said 4.90 acre tract, 385.05 feet to a corner of this tract, the same being the southwest corner of said Tract 1-11 said corner lying on the southwest boundary of said 4.90 acre tract, the same being the northeast right-of-way line of the now closed Huisache Street; 26) THENCE N 56°21'30" W, with the southwest boundary of said 4.90 acre tract, the same being the former northeast right-of-way line of Huisache Street, 328.01 feet the east right-of-way of Buddy Lawrence Drive for a corner of this tract; 27) THENCE N O1°41'30" W, with the west boundary of said 4.90 acre tract, the same being the east right- of-way line of Buddy Lawrence Drive, 435.75 feet, to the northwest corner of said 4.90 acre tract; 28) THENCE northwesterly, crossing Buddy Lawrence to the present west right-of-way of said Buddy Lawrence Drive; 29) THENCE S 00-29-49 E with the west right-of-way line of Buddy Lawrence Drive, 752.65 feet, to a corner of this tract and the southeast corner of Lot 1C, Block 1, Driscoll Village recorded in Volume 14, Page 59, Map Records of Nueces County, Texas; 30) THENCE 5 88-18-30 W with the south boundary of said Lot 1C, 78.06 feet, to a corner of this tract and a common corner of Lots 1B and 1C of said Driscoll Village; 31) THENCE N 59-45-00 W with a south boundary of this tract, at 78.06 feet pass the southwest corner of said Lot 1B, being on the southeast right-of-way line of the now closed portion of Erwin Avenue, in all 128.06 feet, to an interior corner of this tract, said corner being south corner of lot 16 and the east corner of lot 17, Block 4 of the aforementioned Oak Lawn Subdivision; 32) THENCE S 30-15-00 W with the northwest right-of-way of Erwin Avenue, 150.00 feet, to the south corner of lot 19 and the east corner of lot 20 of said Block 4; 33) THENCE N 59-45-00 W, 140.00 feet, to a common corner of Lots 3,4, 19 and 20 of said Block 3; 34) THENCE 5 30-15-00 W, 50.00 feet, to a common corner of Lots 2, 3, 20 and 21 of said Block 3; 35) THENCE N 59-45-00 W, at 140.00 feet pass the southeast right-of-way of Oak Park Avenue, in all 210.00 feet to a corner being on the northwest right-of-way line of Oak Park Avenue and being the south corner of Lot 20 and the east corner of lot 21, Block 1, Oak Lawn Subdivision; 36) THENCE S 30-04-31 W, 50.11 feet, to the common corner of Lots 21 and 22 at the northwest right-of- way of Oak Park Avenue; 37) THENCE N 59-45-02 W, 139.61 feet, to the common corner of Lots 1,2, 21, and 22; 38) THENCE S 30-19-42 W, 62.48 feet, to the south corner of Lot 1 and the west corner of Lot 22 being on the northeast right-of-way line of Ash Street; 39) THENCE N 59-49-29 W, at 140.00 feet pass the west corner of Lot 1 being at the intersection of the northwest right-of-way line of Ash Street with the southeast right -of way line of Retama Avenue, at 3 167.50 feet leave Oak Lawn Subdivison and enter Grace Heights Addition, in all 195.76 feet to the south corner of intersection of the northwest right-of-way line of Retama Avenue with the northeast right-of-way line of the now closed Ash Street; 40) THENCE S 29-28-54 W with the northwest right-of-way line of Retama Avenue, at 27.50 feet leave Grace Heights Addition and enter Oak Park Addition, in all 170.14 feet, to the south corner of Lot 11 and the east corner of Lot 10, Block 17, Oak Park Addition; 41) THENCE N 59-42-06 W, 127.00 feet, to the common corner of Lots 2, 3, 10 and 11, of said Block 17; 42) THENCE S 29-28-54 W, 120.00 feet, to the common corner of Lots 4, 5, 8 and 9, of said Block 17; 43) THENCE N 59-42-06 W, at 127.00 feet pass the north corner of said Lot 5, the same being the west corner of said Lot 4, in all 177.00 feet, to the south corner of lot 9 and the east corner of Lot 8, Block 16; 44) THENCE S 29-28-54 W, 59.97 feet, to the south corner of said Lot 8 and the east corner of Lot 7; 45) THENCE N 58-37-09 W, 122.50 feet, to the common corner of Lots 5, 6, 7 and 8; 46) THENCE 5 30-52-24 W, 60.00 feet, to the south corner of said Lot 6 and west comer of Lot 7; 47) THENCE N 59-42.06 W, at 129.13 feet pass the west corner of said Lot 6, in all 179.13 feet to the south corner of Lot 7, Block 15, Oak Park Addition; 48) THENCE 5 30-47-47 W, at 50.00 feet pass the east corner of Lot 7, Block 12, Oak Park Addition, in all 108.07 feet, to the south corner of Lot 7 and the east corner of Lot 6; 49) THENCE N 59-37-I5 W, 126.31 feet, to the north corner of said Lot 6 and the west corner of Lot 7, said corner being on the southeast boundary of Lot 8; 50) THENCE 5 30-01-38 W, 25.00 feet, to a corner being on the common boundary between said Lots 7 and 8; 51) THENCE N 59-12-54 W, 63.51 feet, to a corner being on the common boundary of Lots 8 and 1, Block 12, Oak Park Addition; 52) THENCE 5 30-01-38 W, 17.82 feet, to the common corner of Lots 1, 2,3 and 8. 53) THENCE N 59-12-54 W, 68.39 feet, to the west corner of Lot 1 and the north corner of Lot 2, said corner being on the southeast right-of-way line of Poth Lane; 54) THENCE N 30-47-06 E with the east right-of-way line of Poth Lane at 540.32 leave Oak Park Addition and enter Grace Heights Addition, in all 1017.99 feet to the north corner of lot 39, Block 1, Grace Heights Addition being on the south boundary of Harbor View Estates; 55) THENCE S 59-12-54 E, 104.00 feet, to the south comer of lot 11, Block C, Harbor View Estates; 56) THENCE N 30-47-06 E, 122.50 feet, to the east corner of Lot 7, Block C, Harbor View Estates; 0 57) THENCE N 59-12-54 W, 104.00 feet, to the north corner of said Lot 7, said corner being on the southeast right-of-way line of Poth Lane; 58) THENCE N 30-47-06 E, 50.00 feet, to the west corner oftot 15, Block D, Harbor View Estates; 59) THENCE 5 59-12-54 E, 104.00 feet, to the south corner of said Lot 15; 60) THENCE N 30-47-06 E, 379.72 feet, to the east corner of Lot 1, Block D, Harbor View Estates; 61) THENCE N 59-12-54 W, 104.00 feet, to the north corner of said Lot 1 being on the southeast right-of- way line of Path Lane; 62) THENCE N 30-47-06 E, 50.00 feet, to the west corner of Lot 23, Block M, Harbor View Estates; 63) THENCE S 59-12-54 E, 104.00 feet, to the south corner of said Lot 23; 64) THENCE N 30-47-06 E, 51.80 feet, to the east corner of lot 22 and south corner of Lot 21; 65) THENCE N 59-12-54 W, 104.00 feet, to the west corner of said Lot 21 and the north corner of said Lot 22 on the southeast right-of-way of Poth Lane; 66) THENCE N 30-47-06 E, 100.00 feet, to the west corner of Lot 17 and north corner of Lot 18, Block M, Harbor View Estates; 67) THENCE 5 59-12-54 E, 104.00 feet, to the south corner of Lot 17 and the east corner of Lot 18; 68) THENCE N 30-47-06 E, 50.00 feet, to the south corner of Lot 15 and the east corner of Lot 16, Block M, Harbor View Estates; 69) THENCE N 59-12-54 W, 104.00 feet, to the west comer of Lot 15 and the north corner of Lot 16 being on the southeast right-of-way line of Poth Lane; 70) THENCE N 30-47-06 E, 355.30 feet, to the place of beginning and containing 54.27 acres of land, more or less; 71) THENCE southeasterly with a curve to the left having a radial bearing of N 30-55-31 E, 300.07 feet, a central angle of 20-17-23, a radius of 300.07 feet, a length of 106.26 feet, to a corner of this tract being the east corner of said Lot 1 and the north corner of Lot 50, Block M; 72) THENCE S 30-47-06 W with the northwest boundary of said Lot 50, 73.79 feet, to an interior corner of this tract, said interior corner being the west corner of said Lot 50 and a common corner to Lots 3, 4, and 44, Block M; 73) THENCE S 59-12-54 E, 50.00 feet, to an interior corner of this tract, said corner being the south corner of Lot 49 and the west corner of Lot 48, Block M; 74) THENCE N 30-47-06 E, at 92.95 feet pass the north corner of said Lot 48, the same being the former south right-of-way line of Gibson Street, in all 123.32 feet to the beginning of a curve to the right; 75) THENCE with said curve to the right and with the north boundary of this tract, said curve having a radial bearing of 516-55-32 W, 239.50 feet, a central angle of 14-00-05, a radius of 239.50 feet, a length of 58.53 feet; 76) THENCE northwesterly along the northerly boundary line of said Harbor View Estates and the extension thereof, partially along the centerline of Gibson Street, to a point on the west right-of-way line of Poth Lane; 77) THENCE northeasterly along the west right-of-way line of Poth Lane to the northeasterly corner of land of Magellan Terminal Holdings, LP as described in Documents #2004020907 and #1999033783 of the Official Public Records of Nueces County, Texas; 78) THENCE northwesterly along the northeasterly boundary line of said Magellan Terminal Holdings LP to a point on the southerly right-of-way line of the Missouri Pacific Railroad; 79) THENCE southwesterly along said southerly right-of-way line to the northwesterly boundary line of said Magellan Terminal Holdings, LP to a point; 80) THENCE southwesterly along the westerly boundary line of said Magellan Terminal Holdings, LP to a point where the northwesterly boundary line of Country Club Place as recorded in Volume 4, Page 3 of the Map Records of Nueces County, Texas, meets the northerly right-of-way line of Interstate Highway 37; 81) THENCE northwesterly along said northerly right-of-way to its intersection with the northeasterly right- of-way line of Up River Road (Shell Road); 82) THENCE northwesterly along said northeasterly right-of-way of Up River Road to the southeasterly corner of Lot 3, Navigation Heights Annex #3 as recorded in Volume 40, Page 119 of the Map Records of Nueces County, Texas; 83) THENCE around said Lot 3: a. N36017'20"E a distance of 177.95' to a point at the northeasterly corner thereof, b. N53138'30"W a distance of 186.97' to the northwesterly corner thereof, c. S18033'30"W a distance of 176.57' to the northeasterly right-of-way of Up River Road; 84) THENCE northwesterly along said northeasterly right-of-way line of Up River Road to the easterly right- of-way line of Cantwell Lane; 85) THENCE northeasterly along said easterly right-of-way to its intersection with the extension of the northerly boundary line of a 3.37 Acre tract of land out of Share 3A of the Kaler Tract "D" (unrecorded plat) 86) THENCE northwesterly across said right-of-way and along the northerly boundary line of said 3.37 Acre Tract (tax ID3875-0003-0140) to the northwesterly corner thereof; 87) THENCE southwesterly along the westerly boundary line of said 3.37 Acre Tract and of Share 2A, F. H. Kaler Partition as shown on plat thereof recorded in Volume 9, Page 58 of the Map Records of Nueces County, Texas, to a point on the northeasterly right-of-way line of Up River Road; 6 88) THENCE northwesterly along said northeasterly right-of-way line of Up River Road to the easterly extension of a right-of-way to a 1 Acre tract of land out of Lot 1, Block 1, Coastal Javelina Addition as recorded in Volume 54, Page 56 of the Map Records of Nueces County, Texas, said 1 Acre tract described by metes and bounds in City Ordinance #028451; 89) THENCE southwesterly across said Up River Road and along said easterly right-of-way line to the north boundary line of said 1 Acre tract (not platted, see tax ID 1661-0001-0012 and Document #2013013372 of the Official Public Records of Nueces County, Texas); 90) THENCE easterly, southerly, westerly, and northerly around said 1 Acre tract to the southerly right-of- way serving said tract; 91) THENCE westerly along said southerly right-of-way line to the west boundary line of said Lot 1, Block 1; 92) THENCE northeasterly along said west boundary line of said Lot 1, Block 1 and the extension thereof to a point on the northeasterly right-of-way line of Up River Road; 93) THENCE northwesterly along said northeasterly right-of-way line of Up River Road to the westerly extension of the right-of-way line of County Road 52A; 94) THENCE southwesterly across said Up River Road and along said westerly right-of-way line of County Road 52A to its terminus; 95) THENCE southeasterly along said right-of-way and along the southerly boundary of a 13.28 Acre tract out of the Ohler Tract of the Dunn Tract and described in Document #2004014391 of the Official Public Records of Nueces County, Texas, to a point on the northwesterly boundary line of Block 8, Academy Heights Unit 1 as recorded in Volume 26, Page 85 of the Map Records of Nueces County, Texas; 96) THENCE southwesterly along said northwesterly boundary line of Academy Heights Unit 1 and along the northwesterly boundary line of Academy Heights Unit 2 as recorded in Volume 42, Page 188 of the Map records of Nueces County, Texas to a point on the northerly right-of-way line of Interstate Highway 37; 97) THENCE northwesterly along said right-of-way line of Interstate Highway 37 to the southeasterly boundary line of Lot 1, Block 3 of the Interstate Industrial Complex as recorded in Volume 32, Page 36 of the Map Recoded of Nueces County, Texas; 98) THENCE around said Lot 1: a. N00039'47"E a distance of 300.00' to a point at the northeasterly corner thereof; b. N80051'25"W a distance of 519.65' to the northwesterly corner thereof, c. S00°44'41"W along the east right-of-way of Corn Products Road a distance of 200.00' to the northerly right-of-way of Interstate Highway 37; 99) THENCE northwesterly crossing said Corn Products Road and continuing along said right-of-way line of Interstate Highway 37 to the southwesterly boundary line of Lot 15, Block 1 of the Interstate Industrial Complex Unit 1 as recorded in Volume 34, Page 24 of the Map Recoded of Nueces County, Texas; 100) THENCE northwesterly along the east right-of-way line of Complex Boulevard to the southwesterly boundary line of Lot 16, Block 1 of said Interstate Industrial Complex; 7 101) THENCE northeasterly along the southeasterly boundary line of said Lot 16 to the southeast corner thereof; 102) THENCE northerly along the easterly boundary line of said Block 1 to the midpoint of Lot 19; 103) THENCE westerly along said midpoint of Lot 19 and extending across Complex Boulevard to a point on the west right-of-way thereof; 104) THENCE southerly along the west right-of-way of Complex Boulevard to a point on the northerly right-of- way of Interstate Highway 37; 105) THENCE northwesterly along said right-of-way line of Interstate Highway 37 to the easterly right-of-way of Southern Minerals Road; 106) THENCE northerly along the east right-of-way line of Southern Minerals Road to the southerly right-of- way line of Up River Road; 107) THENCE southeasterly along the south right-of-way line of Up River Road to the northwesterly corner of Lot 1, Block 1 of the Missouri Pacific Industrial Area as Recorded in Volume 52, Page 83 of the Map Records of Nueces County, Texas; 108) THENCE around said Lot 1: a. 501026'W a distance of 437.96' to a point at the southwesterly corner thereof; b. 554°44'45"E a distance of 172.72' to the southeasterly corner thereof; c. N01026'W a distance of 507.96' to a point on the south right-of-way line of Up River Road; 109)THENCE southeasterly along the south right-of-way line of Up River Road to the northwesterly corner of a 3.75 Acre tract of land described in Document #200100777 of the Official Public Records of Nueces County, Texas; 110) THENCE around said tract southerly, southeasterly, and northerly, crossing Up River Road to a point on the north right-of-way thereof; 111) THENCE northwesterly along the north right-of-way line of Up River Road to its intersection of the west right-of-way line of Southern Minerals Road; 112) THENCE southerly along the west right-of-way of Southern Minerals Road to a point on the northerly right-of-way of Interstate Highway 37; 113) THENCE northwesterly along said right-of-way line of Interstate Highway 37 to the southerly corner of Lot 7, Block 1, Goldston Addition as Recorded in Volume 55, Page 87 of the Map Records of Nueces County, Texas; 114) THENCE around said Lot 7 northerly, westerly, and southerly to a point on the north right-of-way line of Interstate Highway 37; 115) THENCE northwesterly along said right-of-way line of Interstate Highway 37 to the easterly right-of-way line of Hunter Road; 8 116) THENCE northerly along the east right-of-way line of Hunter Road to the southwesterly corner of a tract of land described in Document #2012022560 of the Official Public Records of Nueces County, Texas (Tax ID 0272-0100-0300); 117) THENCE easterly along the south boundary line of said tract to the southeast corner thereof; 118) THENCE northerly along the east boundary line of said tract and along the east boundary line of a tract of land described in Document #2012022560 of the Official Public Records of Nueces County, Texas (Tax ID 0272-0100-0200); 119) THENCE northwesterly and westerly along the north boundary line of said tract to the east right-of-way line of Hunter Road; 120) THENCE northerly along the east right-of-way line of Hunter Road to its intersection with the south right- of-way line of Up River Road; 121) THENCE southeasterly along the south right-of-way line of Up River Road to the northwest comer of Lot 3, P. V. Alexander as shown on Volume 34, Page 18 of the Map Records of Nueces County, Texas; 122)THENCE southwesterly along the west boundary line of said Lot 3 to the southwest corner thereof, 123) THENCE southeasterly along the southwest boundary line of said tract and along the southwest boundary line of a tract of land described in Document #2012022560 of the Official Public Records of Nueces County, Texas (Tax ID 0272-0100-0000); 124) THENCE easterly along the southerly boundary line of boundary line of a tract of land described in Document #2012022560 of the Official Public Records of Nueces County, Texas (Tax ID 0272-0100-0400); 22S) THENCE northerly along the east boundary line of said tract and crossing Up River Road to a point on the north right-of-way thereof, 126)THENCE northwesterly along the north right-of-way line of Up River Road to its intersection of the west right-of-way line of Hunter Road; 127) THENCE southerly crossing Up River Road and along the west right-of-way line of Hunter Road to its Intersection with the north right-of-way line of Interstate Highway 37; 128) THENCE northwesterly along said right-of-way line of Interstate Highway 37 to the southeast corner of Lot 1, Block 1, Hunter Industrial Park as recorded in Volume 43, Page 128 of the Map Records of Nueces County, Texas; 129) THENCE northerly along the east boundary line of said Lot 1 to its intersection with the south right-of-way line of Up River Road; 130) THENCE northwesterly along the south right-of-way line of Up River Road to its intersection of the west right-of-way line of Suntide Road; 131)THENCE northwesterly crossing Up River Road to the intersection of the west right-of-way line of Suntide Road meets the north right-of-way of Up River Road; D 132) THENCE southeasterly crossing Suntide Road to the intersection of the east right-of-way line of Suntide Road meets the north right-of-way of Up River Road; 133) THENCE northerly along the east right-of-way line of Suntide Road to the southwest corner of an unplatted tract of land described in Document #946716 of the Official Public Records of Nueces County, Texas (Tax ID 0267-0002-0000); 134) THENCE around said tract easterly, northerly, and westerly crossing Suntide road to a point on the west right-of-way line thereof; 135) THENCE southerly along the west right-of-way line of Suntide Road to the northeast corner of West End Heights as recorded in Volume 15, Page 4 of the Map Records of Nueces County, Texas; 136) THENCE around said West End Heights: a. 589°3S'W a distance of 574.53' to a point at the northwest corner thereof; b. S00025'E a distance of 927.92' to the southwest corner thereof, being on the northeast right-of-way of Up River Road; 137) THENCE southeasterly along the northeast right-of-way line of Up River Road to the extension of the easterly boundary line of an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 7946-0000-3715); 138) THENCE southerly, crossing said Up River Road, and along the east boundary line of said unplatted tract to the southeast corner thereof, 139) THENCE northwesterly along the southwest boundary line of said unplatted tract and of an unplatted tract of land described in Document #978850 of the Official Public Records of Nueces County, Texas (Tax ID 7946-0000-3710) to the southwest corner thereof, 140) THENCE northerly along the west boundary line of said tract and the east boundary line of Tuloso Road Subdivision as recorded in Volume 13, Page 23 of the Map Records of Nueces County, Texas to the northeasterly corner thereof; 141) THENCE northeasterly crossing Up River road to the southeasterly corner of an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 0265- 0040-0100) to the southeast corner thereof; 142) THENCE northwesterly along the northeasterly right-of-way of Up River Road to its intersection with the northerly extension of the westerly right-of-way of Tuloso Road; 143) THENCE southwesterly crossing Up River road to the northeasterly corner of Lot 1, Block 1, Covington industrial Tracts recorded in Volume 46, Page 11 of the Map Records of Nueces County, Texas; 144) THENCE around said Covington Industrial Tract: a. 500003'14"W along the westerly right-of-way line of Tuloso Road a distance of 487.74' to a point at the southeasterly corner thereof, b. N66008'W a distance of 363.81' to the southwesterly corner thereof, c. N00003'14"E a distance of SOS.18' to a point on the southeasterly right-of-way of Up River Road; 10 145) THENCE northwesterly along the southeast right-of-way line of Up River Road to the northeasterly corner of an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 7946-0000-3920); 146) THENCE southerly along the easterly boundary line of said unplatted tract to the southeast corner thereof, 147) THENCE northwesterly along the southwest boundary line of said unplatted tract and of an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 7946.0000-0410) to the southwest corner thereof; 148) THENCE southerly along the easterly boundary line of an unplatted tract of land described in Document #2004031460 of the Official Public Records of Nueces County, Texas (Tax ID 7946-0000-3641) to the southeast corner thereof; 149) THENCE northwesterly along the northeasterly right-of-way of Interstate Highway 37 and the southwest boundary line of said unplatted tract to the southwesterly corner thereof; 150)THENCE northerly along the westerly boundary line of said unplatted tract and of an unplatted tract of land described in Document #2004031460 of the Official Public Records of Nueces County, Texas (Tax ID 7946-0000-4030) to the northwest corner thereof, 151) THENCE northwesterly along the southeast right-of-way line of Up River Road to the northeasterly corner of an unplatted tract of land described in Document #2007056023 of the Official Public Records of Nueces County, Texas (Tax ID 7946-0000-3505); 152) THENCE southerly along the easterly boundary line of said unplatted tract to the southeast corner thereof; 153) THENCE northwesterly along the northeasterly right-of-way of Interstate Highway 37 and the southwest boundary line of said unplatted tract and of an unplatted tract of land described in Document #2007056023 of the Official Public Records of Nueces County, Texas (Tax ID 7946-0000-3510) and of an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 8057-0000-0011) to the southwest corner thereof; 154)THENCE northerly along the westerly boundary line of said unplatted tract and of an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 8057-0000-0100) and of an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 8057-0000-0010) to the northwest corner thereof; 155) THENCE northeasterly crossing Up River Road to a point on the westerly right-of-way line of Renfrow Lane; 156) THENCE northeasterly along the westerly right-of-way line of said Renfrow Lane to its intersection with northeasterly corner of an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 0271-0042-0000); 157) THENCE westerly, southwesterly, northwesterly, and southwesterly to a point on the northeast right-of- way of Up River Road; 11 158) THENCE northwesterly along the northeast right-of-way line of Up River Road to the southeasterly corner of Lot 1, Block 1, Tecolote Tract as recorded in Volume 55, Page 100 of the Map Records of Nueces County, Texas; 159) THENCE northerly along the east boundary line of said Lot 1 to the southwesterly corner of an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 0266-0140-0100); 160) THENCE easterly, northeasterly, westerly and southerly to the northeast corner of said Tecolote Tract; 161) THENCE northwesterly along the northerly boundary line of said Tecolote Tract and an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 0266-0010-0305) to the northwest corner thereof, 162) THENCE southerly along the westerly boundary line of said unplatted lot to a point on the northeast right- of-way of Up River Road; 163) THENCE northwesterly along the northeast right-of-way line of Up River Road to its intersection with the westerly right-of-way line of Hearns Ferry Road; 164) THENCE northwesterly along the southwest right-of-way line of Hearns Ferry Road to the northeast corner of Lot 7, Awkerman Garden Lots as recorded in Volume 4, Page 38 of the Map Records of Nueces County, Texas; 165) THENCE southerly along the easterly boundary line of said Lot 7 to a point on the northeast right-of-way line of Up River Road; 166) THENCE northwesterly along the northeast right-of-way line of Up River Road to the southwesterly corner of Lot 6 of said Awkerman Garden Lots; 167) THENCE northerly along the westerly boundary line of said Lot 6 to a point on the southwest right-of-way line of Hearns Ferry Road; 168) THENCE northwesterly along the southwest right-of-way line of Hearns Ferry Road to the northerly boundary line of the said Awkerman Garden Lots; 169) THENCE westerly along the north boundary line of the said Awkerman Garden Lots and the extension thereof to a point on the northeasterly right-of-way line of Up River Road where it meets Interstate Highway 37; 170) THENCE northwesterly along the northeast right-of-way line of interstate Highway 37 to the southeasterly boundary line of an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 0268-0090-0500); 171) THENCE around said unplatted tract northerly, northwesterly, southwesterly, and southerly to a point on the northeasterly right-of-way of Interstate Highway 37; 172) THENCE northwesterly along the northeast right-of-way line of Interstate Highway 37 to the southeasterly boundary line of an unplatted tract of land described in Document #2008047494 of the Official Public Records of Nueces County, Texas (Tax ID 0268-0060-0003); 12 173) THENCE around said unplatted tract northeasterly, westerly, southwesterly, and southeasterly to a point on the northeasterly right-of-way of Interstate Highway 37; 174) THENCE northwesterly along the northeast right-of-way line of Interstate Highway 37 to its intersection with the easterly right-of-way line of Carbon Plant Road (Joe Fulton Corridor); 175) THENCE northeasterly along the southeast right-of-way line of Carbon Plant Road (Joe Fulton Corridor) to its intersection with the northerly right-of-way line of McKinzie Lane; 176)THENCE northwesterly along the northeast right-of-way line of McKinzie Lane to its intersection with the southeasterly corner of the Allison Wastewater Treatment Plant; 177) THENCE northerly along the easterly property line of the Allison Wastewater Treatment Plant to the south shoreline of the Nueces River and Point of Beginning and containing 9,775 Acres more of less; Together with 3 Island parcels described as follows: Area 1: 2.73 acres out of Lot 2, Block 1, Stateway Subdivision as recorded in Volume 38, Page 80 of the Map Records of Nueces County, Texas. Said 2.73 Acres being further described in Document #12011026606 of the Official Public Records of Nueces County, Texas. Area 2: Beginning at the southeast corner of Lot 1, Block 1, Stateway Subdivision as recorded in Volume 38, Page 12 of the Map Records of Nueces County, Texas; THENCE North 499.57' along the easterly boundary of said Lot 1 to the northeast corner thereof; THENCE southeasterly along the southwest right-of-way line of Up River Road to the westerly right-of-way line of Clarkwood Road; THENCE southwesterly along the west right-of-way line of Clarkwood Road to the northerly right-of-way line of Interstate Highway 37; THENCE northwesterly along the northeasterly right-of-way line of Interstate Highway 37 to the Point of Beginning; Area 3: 13 Lot 1, Block 1, Meaney Industrial Tracts as recorded in Volume 46, Page 180 of the Map Records of Nueces County, Texas; This document was prepared under 22 TAC§663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. il, 0 C -L �' 30-16 Russell D. Ochs R.P.L.S. #15241 G1 S En 'fes Q' � o•N RUSSELL O.'0C'HS 5241 14 F'OINI OF tittiININU IF NUECES BAY 4.,)A„el AAA. u OAA ' ASA ■AC• a.: AeAA. NUECES BAY INDUSTRIAL DISTRICT NO. 1 Revised: 8/24/2016 61.111 CITY of CORPUS CHRISTI, TEXAS Department of Engineering Services Survey Division Date: 9/6/2013 Drawn By: Checked By. Projects SHEET 1 OF 2 K..\Engineering\Survey PROJECTS\INDUSTRLL DISTRICTS 1 AND ?\uulrs OF /NOUSTRNL DISTRIcr /JAM INDUSTRIAL DISTRICT NO. 1 Revised. 8/24/2016 le 0 Want' CITY of CORPUS CHRISTI, TEXAS Department of Engineering Services Survey Division Dot, 9/6/2013 Drown By: Checked By: Project. SHE& 2 OF 2 K:\Engincerino\Survey\PROJECTS\INDUSTRAL DISTRICTS 7 AND 2\LNAI1S OF INDUSTRIAL DISTRICT 1,01K Industrial District Agreement No. 6B INDUSTRIAL DISTRICT AGREEMENT NO. 6B THE STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI § This Industrial District Agreement ("Agreement") made and entered into under the authority of Section 42.044 of the Local Government Code, by and between the CITY OF CORPUS CHRISTI, TEXAS, a Texas home -rule municipal corporation of Nueces County, Texas, hereinafter called the "CITY," and CITGO Refining and Chemicals Company, LP, a Delaware Corporation, Land and Improvements Owner, hereinafter collectively called the "COMPANY." WITNESSETH: WHEREAS, it is the established policy of the City Council of the City of Corpus Christi, Texas, to adopt reasonable measures permitted by law that will tend to enhance the economic stability and growth of the CITY and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the CITY and its citizens; and WHEREAS, the COMPANY is the owner and/or lessee of Land or owner of Improvements on land within the Extra Territorial Jurisdiction of the CITY; and WHEREAS, under said policy and the provisions of Section 42.044, Texas Local Government Code, the CITY has enacted Ordinance No. 15898, approved November 26, 1980, as amended, incorporated for all purposes, indicating its willingness to enter into Industrial District Agreements with industries located within its Extra Territorial Jurisdiction and designating the specified land areas as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2; and WHEREAS, in order to correct certain boundary issues, Ordinance No. 029958 reestablished the boundaries of the land areas known as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2 and renamed such areas "Industrial District No. 1 and Industrial District No. 2", herein collectively called "Industrial Districts"; and WHEREAS, the CITY desires to encourage the updating, expansion and growth of industries within said Industrial Districts, and for this purpose, desires to enter into this Agreement with the COMPANY; and WHEREAS, the COMPANY desires to avoid regulation by the CITY of the COMPANY'S structures and properties within such Industrial Districts. NOW, THEREFORE, in consideration of the premises, the mutual agreements of the parties herein contained and under the authority granted under Section 42.044, Texas Local Government Code, and the Ordinances of the City referred to above, the CITY and the COMPANY hereby agree as follows: Article 1 Section 1.01 Immunity from Annexation. The CITY covenants and agrees that during the term of this Agreement, and subject to the terms and provisions herein, the Land shall retain its extraterritorial status as an Industrial District, and shall continue to retain this status until and unless the same is changed under the terms of this Agreement. Except as herein provided, the CITY further covenants and agrees that the Land shall be immune from annexation during the term of this Agreement. Section 1.02 Limited to Industrial Use. COMPANY covenants and agrees that during the term hereof, COMPANY will not use or permit the use of the Land, Improvements, and personal property covered by this Agreement for purposes not included within the term "industry". "Industry" as used herein shall mean for the same industrial uses to which the Land, or similarly situated land within the Industrial Districts, is now devoted by the COMPANY or other such parties holding such similarly situated land. Holding the Land and Improvements for future "industry" use, without using same for non -industry purposes, does not violate this paragraph. If the COMPANY uses, or permits use of, the Land, Improvements, and/or personal property covered by this Agreement for purposes not included within the term "industry" as defined above, the CITY shall have the right, in its sole and absolute discretion: (1) to obtain an injunction from a court of competent jurisdiction, upon the court's determination that the use is not an "industry" use, requiring that the use be permanently discontinued, or (2) to annex the Land covered by this Agreement and until the Land is annexed, the COMPANY shall continue to make payments equal to one hundred percent (100%) of ad valorem taxes on Land, Improvements, and personal property. Section 1.03 Annexation Corridor. If any other company within the Extra Territorial Jurisdiction of the CITY fails to enter into an Industrial District Agreement with the CITY or defaults on their in lieu of tax payments, and said defaulting company is not contiguous with the CITY'S boundary, the COMPANY shall, after the CITY provides the COMPANY with sixty (60) days prior written notice of intent to initiate annexation proceeding, permit the CITY to annex a suitable strip of land out of the COMPANY'S Land from the CITY'S boundary to the defaulting company's land to permit its annexation. In the event the CITY must annex a part of the COMPANY'S property in order to annex property owned by third parties, the CITY will annex the absolute minimum amount of the COMPANY'S property legally necessary to annex such property owned by third parties. The location of such annexed property shall be subject to the approval of the COMPANY, such approval shall not be unreasonably withheld. COMPANY and such annexed property shall have no right to any CITY services as a result of such annexation; nor shall the CITY extend, by ordinance, any rules, or regulations, including, but not limited to, those (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (C) attempting to exercise in any manner whatsoever control over the conduct of COMPANY'S business thereon. Such annexed portion of land shall remain a part of this Agreement and shall not be subject to CITY taxes, but shall continue to be included within the in lieu of tax payment. In the event that the need for an annexation corridor no longer exists, including but not limited to the defaulting company entering into an Industrial District Agreement, or has met its obligations to the CITY, the CITY agrees to immediately cease any annexation proceedings related to the annexation corridor over the COMPANY'S 2 Land, or within (60) days, take the steps necessary to complete disannexation proceedings required to remove from the city limits any unnecessary annexation corridor. Section 1.04 City Services. During the term hereof, pursuant to this Agreement, the CITY shall have no obligation to extend to the Land any utility or other CITY services, except for services that are being provided to and paid for by the COMPANY on the date hereof, or as otherwise stated herein. Section 1.05 Fire Protection Services. The CITY may provide fire protection services to the COMPANY at the option of the COMPANY for an additional payment to the CITY as set forth under Section 3.05 hereof. Section 1.06 Compliance with City Rules and Regulations. The CITY and the COMPANY agree that during the term hereof, with respect to the Land, the CITY shall not require compliance with its rules or regulations: (1) governing zoning and platting of the Land, or any additions thereto, outside the CITY limits and in an Industrial District; provided, however, COMPANY further agrees that it will in no way divide the Land or additions thereto without complying with State law and CITY ordinances governing subdivision of land; (2) prescribing any building, electrical, plumbing or inspection code or codes; or (3) prescribing any rules governing the method of operation of COMPANY'S business, except as to those regulations relating to the delivery of utility services and industrial waste disposal through CITY -owned facilities. Section 1.07 Definitions. A. Com. As defined in the preamble hereof and includes its successors and assigns. B. Commencement of Construction. Physical construction (including, at a minimum, excavation for foundations or the beginning of installation or erection of improvements) at the primary site of the eligible project has begun. C. Existing Improvements. In use prior to January 1, 2015. D. Extra Territorial Jurisdiction (ETJ). The unincorporated area that is contiguous to the corporate boundaries of the City of Corpus Christi and that is located within five miles of those boundaries. E. Improvements. As defined in Section 1.04(3) of the Texas Tax Code, and shall also include power generation facilities, petroleum and/or chemical refining, processing, extraction or storage facilities, structures, or equipment erected on or affixed to the land, regardless of the land ownership, and pipelines on, under, or across the land which are owned by COMPANY. Includes Existing Improvements and New Improvements. F. Industrial District. The industrial districts created pursuant to Ordinance No. 029958, a copy of which is attached hereto as Exhibit C and incorporated herein by reference. G. Industrial District Agreement. An agreement made and entered into under the authority of Section 42.044 of the Texas Local Government Code. 3 H. Land. All of the real property owned, leased or possessed by COMPANY and located within the Industrial Districts and designated on Exhibit A attached hereto. I. Market Value. As determined and defined by NCAD. J. NCAD. The Nueces County Appraisal District and includes its successors and assigns. K. New Improvement. Improvement which was not in use prior January 1, 2015. L. Placed in Use. Improvements that are completed and Placed in Use and are not listed by NCAD as Construction Work in Progress (CWIP). Article 2 Section 2.01 Term. The term of this Agreement shall be no more than ten (10) years beginning on the date on which the de -annexation ordinance regarding the subject property becomes effective, and continuing until December 31, 2024, unless terminated as herein provided or extended for additional period or periods of time upon mutual consent of the COMPANY and the CITY as provided by the Local Government Code; provided however, if this Agreement is not extended, or replaced with a similar agreement that provides for an additional period or periods of time, on or before March 31 of the final calendar year of the term hereof, then the immunity from annexation granted herein shall terminate on that date, but all other terms of this Agreement shall remain in effect for the remainder of the term; provided, however, the effective date and time of annexation shall be no earlier than midnight of December 31 of the final year of the term. Section 2.02 Extended Term. This Agreement may be extended for an additional period or periods only by written agreement between the CITY and the COMPANY. Article 3 Section 3.01 Payment in lieu of Ad Valorem Taxes. Each year during the term hereof, the COMPANY shall pay to the CITY: A. Land. An amount in lieu of tax on the Land (excluding Improvements and personal property located thereon) equal to one hundred percent (100%) of the amount of ad valorem taxes based upon the Market Value of the Land which would otherwise be payable to CITY by COMPANY if the Land were situated within the CITY limits. B. Existing Improvements. An amount in lieu of tax on Existing Irnprovements (excluding personal property) located on the Land equal to one hundred percent (100%) of the amount of ad valorem taxes based upon the Market Value of the Existing Improvements which would otherwise be payable to the CITY by the COMPANY if said Existing Improvements were situated on land within the CITY limits. 4 C. New Improvements. With respect to any New Improvements, the in lieu of tax payment shall be one hundred percent (100%) of the amount of ad valorem taxes based upon the Market Value of the New Improvements which would otherwise be payable to the CITY by the COMPANY if said New Improvements were situated on land within the CITY limits. D. Personal Property. An amount in lieu of tax on personal property equal to one hundred percent (100%) of the amount of ad valorem taxes based upon the Market Value of the personal property which would otherwise be payable to CITY by COMPANY if the personal property were situated on land within the CITY limits. E. With respect to any new land acquired by the COMPANY located within an Industrial District, the use of which relates directly to the primary use of the parent tract, the new land shall be included in the COMPANY'S land known as the Land, and shall be considered in calculating the in lieu of tax payment on the Land as of January 1 of the first year following the date which the new land is acquired by the COMPANY. Within ninety (90) days after the acquisition of new land by the COMPANY, the COMPANY shall provide the CITY with a revised Exhibit A that includes a complete listing by NCAD Geographic ID number of the newly acquired land. F. With respect to any new land acquired by the COMPANY after January 1, 2015, located within the Extra Territorial Jurisdiction of the CITY, the use of which does not relate to the primary use of the parent tract, the COMPANY shall report such purchase to the CITY and the CITY shall determine whether an Industrial District Agreement is desired for such newly acquired land. Section 3.02 Company Schedule of Value. On or before August 31 of each year of this Agreement, or upon final determination of Market Values by NCAD, whichever is later, the COMPANY shall provide to the CITY an itemized Schedule of Value by sworn affidavit, on the form attached hereto as Exhibit B, listing all NCAD Geographic ID numbers and the values related thereto, and showing all Land, Improvements, and personal property, owned or controlled by the COMPANY including and identifying the property to be valued as part of this Agreement (the "Schedule"). The Schedule shall also list the year any Improvements were Placed in Use. The COMPANY has no objection to the CITY'S review of all forms, information, and documents provided by the COMPANY to NCAD and, in the event of appeal, the Appraisal Review Board. Failure to provide the Schedule to the CITY shall constitute a breach of this Agreement. Section 3.03 Determination of Value. In determining the COMPANY'S annual in lieu of tax payment required under this Agreement, the calculation shall be made utilizing the Market Value of all Land, Improvements, and personal property as determined by NCAD, or its successor, under provisions of the Texas Property Tax Code. The COMPANY shall timely provide information and reports required under this Agreement and under Texas law, rules and regulations to NCAD or its designee, so that the appraisal process can be completed in accordance with all applicable state laws. Section 3.04 Company Protest of Value or Billing. If the COMPANY elects to protest the valuation set on any of its properties by NCAD for any year or years during the term hereof, it is agreed that nothing in this Agreement shall preclude the protest, and the COMPANY shall have the right to take all legal steps desired to reduce the same as if the property were located within the CITY, except with regard to the exemptions in Section 3.06 below. The COMPANY shall notify the CITY of its appeal within 30 days after its protest of the valuation is submitted to NCAD. Notwithstanding any protest of valuation by the COMPANY or any non NCAD related billing dispute, the COMPANY agrees to pay to the CITY an initial in lieu of tax payment, on or before the Due Date in Section 3.07 below, based on the amount billed by the CITY. When the valuation on said property or any billing dispute has been finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final settlement of the controversy, then within thirty (30) days thereafter, the COMPANY shall make to the CITY any additional payment due based on the final determination. If, as a result of final judgment of a court of competent jurisdiction, or as the result of other final settlement of the controversy, the amount of in lieu of tax payment due to the CITY is established to be an amount less than the amount of the initial in lieu of tax payment for that year paid by the COMPANY, the excess in lieu of tax payment, if any, collected by the CITY shall be returned to COMPANY within thirty (30) days after said final determination. Any non NCAD related billing disputes shall be resolved by the CITY within ninety (90) days from the date notice of the dispute is received by the CITY. Section 3.05 Fire Protection. An additional amount for city fire protection equal to fifteen percent (15%) of the amount which would be payable on 100% of Market Value of Improvements located on the Land will be paid annually; provided, however, that if and as long as the COMPANY, as of January 1 of each year, is a member in good standing of the Refinery Terminal Fire Company, or its successor, or the COMPANY agrees to provide fire protection and emergency services either from a qualified external provider or by use of a qualified internal emergency response organization, it shall not be obligated to pay the additional amount provided by this Section 3.05. Minimum qualifications would include meeting certain standards as defined by applicable OSHA, state regulatory and NFPA Standards that apply to fire control, emergency management, disaster planning and rescue services as recognized by the Texas Industrial Fire Training Board, the State Fireman's and Fire Marshal's Association of Texas or equivalent. The COMPANY will provide equipment, training, and facilities necessary to safely handle all expected emergencies and properly protect the COMPANY and the community from the adverse effects of an industrial disaster, which obligation may be satisfied by the COMPANY being a member in good standing of the Refinery Terminal Fire Company, or its successor. (Calculation: Market Value of Improvements x 15% x City Tax Rate = Fire Protection Fee) Section 3.06 Calculation of Amount Due. The CITY shall mail an invoice to the COMPANY, which sets forth the amount of payment in lieu of tax owed to the City calculated in accordance with this Agreement. Such invoice shall be postmarked at least thirty (30) days prior to the Due Date defined in Section 3.07 below, and shall be mailed to the address shown in Section 10.03 of this Agreement. The calculation shall be made without reference to the exemption for pollution control property in Section 11.3 1, Texas Property Tax Code, and Article VIII, Section 1-1, Texas Constitution, as same presently exist or may be hereafter amended, using the Market Value of pollution control equipment certified by NCAD. In addition, all the amounts shall be calculated without reference to any new tax exemption or any increase in an existing tax exemption enacted after January 1, 1995. Section 3.07 Payment. The COMPANY agrees to pay to the CITY on or before January 31 of the year following each year during the term hereof (the "Due Date"), all payments in lieu of tax provided for hereunder and invoiced by the CITY in accordance with Section 3.06 above, without discount for early payment. The present ratio of ad valorem tax assessment used by the CITY is one hundred percent (100%) of the Market Value of property. Any change in the ratio used by the CITY shall be reflected in any subsequent computations hereunder. This Agreement, and the method of determining and fixing the amount of in lieu of tax payments hereunder, shall be subject to all provisions of law relating to determination of Market Value and taxation, including, but not limited to, laws relating to rendition, 6 assessment, equalization and appeal. Any invoiced amounts that are not paid by the Due Date shall be considered delinquent. Delinquent amounts shall be immediately subject to interest at twelve (12%) per annum, compounded monthly and the COMPANY shall reimburse the CITY for its costs of collections, including reasonable attorneys' fees. Article 4 Section 4.01 Company Failure to Pay/Company Breach. If the COMPANY fails to make a payment due to the CITY hereunder or if the COMPANY fails to perform any other obligation incumbent upon the COMPANY to be performed hereunder, and if such default is not fully corrected within sixty (60) days after the CITY gives written notice of said default to the COMPANY (or, if within such 60 day period, the COMPANY has not demonstrated a satisfactory plan of compliance approved by the CITY (where compliance requires more than 60 days)), the City shall have the option to either (1) declare this Agreement terminated and immediately commence annexation proceedings and sue to recover all damages; (2) bill COMPANY and sue to recover 100% of all monies that the CITY would have received from the COMPANY if it had been within the CITY limits, which includes 100% of all taxes, attorneys' fees and court costs; or (3) continue this Agreement for its term and collect the payments required hereunder. Section 4.02 Lien. The CITY shall be entitled to and have a tax lien on the Land, Improvements, and personal property which may, in the event of default in payment of any sum due hereunder that is not cured in accordance with Section 4.04 below, be enforced by CITY in the same manner as provided by law and for the collection of delinquent ad valorem taxes. Additionally, the CITY shall be entitled to and have a contractual lien on the Land, Improvements, and personal property which may be foreclosed in the event of such uncured default (1) judicially or (2) extra judicially in the same manner as a deed of trust under Texas Property Code, and for that purpose may appoint a trustee or trustees. Section 4.03 City Breach. If the CITY breaches this Agreement by annexing or attempting to pass an ordinance annexing any of the Land (except with reference to the agreed annexation corridor in Section 1.03), the COMPANY shall be entitled to enjoin the CITY from the date of its breach for the balance of the term of this Agreement, from enforcing any annexation ordinance adopted in violation of this Agreement and from taking any further action in violation of this Agreement. If the COMPANY elects to pursue this remedy, then so long as the CITY specifically performs its obligations hereunder, under injunctive order or otherwise, the COMPANY shall continue to make the annual payments required by this Agreement. Section 4.04 Notice of Default. Notwithstanding anything to the contrary contained herein, in the event of any breach by the COMPANY of any of the terms or conditions of this Agreement, the CITY shall give the COMPANY written notice specifying the nature of the alleged default, and manner in which the alleged default may be satisfactorily cured. Thereafter, the COMPANY will be afforded sixty (60) days within which to cure the alleged default (or, if cure requires more than 60 days, the COMPANY shall have the right to demonstrate a satisfactory plan of cure approved by the CITY within such 60 days, which shall be deemed to be a cure so long as the COMPANY is diligently pursuing such plan). 7 Section 4.05 Cumulative Remedies. The remedies provided herein are cumulative, none is in lieu of any other, and any one or more or combination of the same is available. Each party, in addition to remedies expressly provided herein is entitled to any and all other remedies available at law or in equity. Section 4.06 No Waiver of Rights and Remedies. It is expressly understood that if at any time the COMPANY is in default in any provision of this Agreement, the failure on the part of the CITY to promptly avail itself of the rights and remedies that the CITY may have, will not be considered a waiver on the part of the CITY; provided that if the CITY within ten (10) years from the date of any default by the COMPANY, does not avail itself of the rights or remedies or elect to terminate this Agreement on account of such default, then such default is deemed waived. Further, is expressly understood that if at any time the CITY is in default in any provision of this Agreement, the failure on the part of the COMPANY to promptly avail itself of the rights and remedies that the COMPANY may have, will not be considered a waiver on the part of the COMPANY; provided that if the COMPANY within ten (10) years from the date of any default by the CITY, does not avail itself of the rights or remedies or elect to terminate this Agreement on account of such default, then such default is deemed waived. Section 4.07 Limitation of Liability. To the fullest extent permitted by law, and not withstanding any other provision of this Agreement, in no event will either party be liable to the other party hereunder for punitive, exemplary, or indirect damages, lost profits or business interruptions damages; provided however, this limitation in not meant to limit the CITY'S rights under this Agreement to collect from the COMPANY any unpaid in lieu of tax payments, late penalties and interest associated therewith, and any costs of collection including but not limited to attomey fees. Article 5 Section 5.01 Description of Property. The COMPANY agrees to provide the CITY with a listing of Geographic ID numbers, as available from NCAD or its successor, to be attached hereto and incorporated herein as Exhibit A. With respect to COMPANY'S acquisition of new land, as described in Section 3.01 F, which becomes included in the Land, COMPANY agrees to provide to CITY a listing of Geographic ID numbers as available from NCAD or its successor. Article 6 Section 6.01 Annexation By Another Entity. If any attempt to annex any of the Land owned, used, occupied, leased, rented or possessed by COMPANY, is made by another municipality, or if the incorporation of any new municipality should attempt to include within its limits the Land or property, the CITY shall seek a temporary and permanent injunction against the annexation or incorporation, with the cooperation of the COMPANY, and shall take any other legal action necessary or advisable under the circumstances. The cost of the legal action shall be borne equally by the parties hereto; provided, however, the fees of any special legal counsel shall be paid by the party retaining same. Section 6.02 Termination. If the CITY and the COMPANY are unsuccessful in obtaining a temporary injunction enjoining the attempted annexation or incorporation described in Section 6.01 above, the COMPANY shall have the option of (1) terminating this Agreement, effective as of the date of the annexation or incorporation, or (2) continuing to make the in lieu of tax payment required hereunder. This option shall be exercised within thirty (30) days after the application for the temporary injunction is denied. If the COMPANY elects to continue the in lieu of tax payment, the CITY shall place future payments hereunder together with part of the payment for the calendar year in which the annexation or incorporation is attempted, prorated to the date the temporary injunction or relief is denied, in a separate interest-bearing escrow account which shall be held by CITY subject to the following: A. If final judgment (after all appellate review, if any, has been exhausted) is entered denying a permanent injunction and/or upholding the annexation or incorporation, then all these payments and accrued interest thereon shall be refunded to the COMPANY; or B. If final judgment (after all appellate review, if any, has been exhausted) is entered granting a permanent injunction and/or invalidating the annexation or incorporation, then all the payments and accrued interest thereon shall be retained for use by the CITY. Article 7 Section 7.01 Sale or Lease. Whenever the COMPANY sells all or a portion of the Land or Improvements to any entity that is not an affiliate of the Company, unless such affiliate will be responsible for payment hereunder, the COMPANY shall within ninety (90) days give notice to the CITY of said sale, and this Agreement shall continue in effect as to all Land and Improvements sold. If COMPANY sells only a portion of the Land or Improvements, the COMPANY shall furnish to the CITY a revised Exhibit A effective for the calendar year next following the calendar year in which the conveyance occurred. If the COMPANY leases all or a portion of the Land or Improvements to an entity that will be responsible for payment hereunder, the COMPANY shall within ninety (90) days give notice to the CITY of said lease, and this Agreement shall continue in effect as to all Land and Improvements leased. Section 7.02 Company's Responsibility for Payment. The COMPANY as seller or lessor in a transaction pursuant to Section 7.01 above, shall remain solely responsible for any payment in lieu of tax attributable to the Land or Improvements sold or leased unless the COMPANY has entered into an assignment and assumption agreement with the buyer or lessee of such Land or Improvements, which shall be consented to by the CITY, in which the buyer or lessee assumes all responsibilities and obligations under this Agreement as to the purchased or leased Land and/or Improvements. Section 7.03 Assignment. This Agreement may be assigned by the COMPANY. If this Agreement is assigned, the COMPANY shall notify the CITY of such assignment within thirty (30) days. Article 8 Section 8.01 Inurement. This Agreement shall inure to the benefit of and be binding upon the CITY and the COMPANY, and shall inure to the benefit of and be binding upon the COMPANY'S successors and 9 assigns, affiliates and subsidiaries, and, subject to Section 7.02, shall remain in force whether the COMPANY sells, assigns, or in any other manner disposes of, either voluntarily or by operations of law, all or any part of the Land, and the agreements herein contained shall be held to be covenants running with the Land for so long as this Agreement or any extension thereof remains in force. The word "affiliates" as used herein shall mean: (1) all companies with respect to which the COMPANY directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise control over fifty percent (50%) or more of the stock having the right to vote for the election of directors; or (2) all corporations (or other entities) controlled by or under common control with the Company as contemplated by Section 1239(c) of the Internal Revenue Code of 1954, as amended. Article 9 Section 9.01 Buy Local. COMPANY shall use reasonable efforts to acquire all of its procurements, including, but not limited to, supplies, materials, equipment, service contracts, construction contracts, and professional services contracts from businesses located within Nueces and San Patricio Counties, unless such procurements are not reasonably and competitively available within said area. COMPANY shall not be required to maintain records regarding this requirement other than those normally kept in its usual course of business. Section 9.02 Water Procurement. COMPANY acknowledges that the CITY provides a regional water system that is critical to the well-being and economic growth of the entire area and that it is important for each customer to continue to use the system as its principal source of water. COMPANY agrees to provide six months written notice of any intent or action to obtain more than ten percent (10%) of its total water needs from any source other than the CITY. Article 10 Section 10.01 Severability. In the event any word, phrase, clause, sentence, paragraph, section, article or other part of this Agreement or the application thereof to any person, firm, corporation or circumstances shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of the word, phrase, clause, sentence, paragraph, section, article or other part of this Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. Section 10.02 Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes any and all prior understandings, or oral or written agreements, between the parties respecting such subject matter, except as otherwise provided in the instruments referenced herein. This Agreement may be amended only by written instrument signed by all of the parties hereto. Section 10.03 Notices. Any notice to the COMPANY or the CITY concerning the matters to which this Agreement relates may be given in writing by registered or certified mail addressed to the COMPANY or the CITY at the appropriate respective addresses set forth below. The COMPANY must notify the CITY 10 of any change of address in writing. Notices by a party to the other party hereto, shall be mailed or delivered as follows: To the City- With ity With copies to: If to Company: With copies to: Ms. Margie C. Rose City Manager City of Corpus Christi 1201 Leopard P.O. Box 9277 Corpus Christi, Texas 78469-9277 Phone: 361-826-3220 Fax: 361-826-3845 City of Corpus Christi -City Secretary 1201 Leopard P.O. Box 9277 Corpus Christi, Texas 78469-9277 Phone: 361-826-3105 Fax: 361-826-3113 City of Corpus Christi -City Attorney 1201 Leopard P.O. Box 9277 Corpus Christi, Texas 78469-9277 Phone: 361-826-3360 Fax: 361-826-3239 CITGO Refining and Chemicals Company, LP 1802 Nueces Bay Blvd. Corpus Christi, Texas 78407 Phone: 361-844-4633 Fax: 361-844-4853 CI TGO Refining and Chemicals Company, LP Debra Gibson — N4073 P.O. Box 4689 Houston, Texas 77210 Phone: 8324864322 Fax: 832486-1828 Section 10.04 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. This Agreement is to be performed in Nueces County, Texas. Section 10.05 Counterparts. This Agreement may be executed in multiple counterparts, each of which is deemed an original, and all of which taken together, shall constitute but one and the same instrument, which may be sufficiently evidenced by one counterpart. 11 Section 10.06 Authority. By acceptance of this Agreement and/or benefits conferred hereunder, each parry represents and warrants to the other that its undersigned agents have complete and unrestricted authority to enter into this Agreement and to obligate and bind such party to all of the terms, covenants and conditions contained herein. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 12 ENTERED into this day of , 2016. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Margie C. Rose, City Manager LEGAL FORM APPROVED -j 1 of , 2016 ln�i, aQ,,. -Ad Aimee Alcorn -Reed Assistant City Attorney FOR CITY ATTORNEY CITY OF CORPUS CHRISTI ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2016, by Margie C. Rose, City Manager of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas Printed Name: My Commission expires: 13 ATTEST: Name: �= 46"'1.- Title: LAND & IMPROVEMENTS OWNER CITGO m' lg and he al Company, LP By: ` Name: Art Klein Title: Vice President & General Manager �GO l•Ya� 4 LAND & IMPROVEMENTS OWNER ACKNOWLEDGMENT THE STATE OF ��s § COUNTY OF § This instrument was acknowledged before me on I day of Q 9 lkJ , 2016, by Art Klein, as the Vice President & General Manager of CITGOing and Chemicals Company, LP, a Delaware Corporation, on behalf of said corporation. I Given rider my hand and seal of office s b ( day of , A.D., 2016 Not Public, St of I- -t- Printe Name: << .Zl� My Cc C mission expires: 14 °'��• t' JANIE GONZALEZ My Commission BONS July 19. 2017 EXHIBIT A Geographic ID Number Designated By Nueces County Appraisal District Nueces County Appraisal District Exhibit A Industrial District Agreement #613 Geographic IDs and Legal Descriptions CITGO M�:Legal Description UW -9001-0010 6R; OVWM—�ee Viand � i15Cb� L VILLAGE LT51-A _ X892-0001-0010 6B Outside Land GRACE HTS LT 1 BK 1 W2-0001.0020 6B, Outside Land GRACE HTS LTS 2 THRU 39 SK 1 1_ 2892-0002-0010 6B Outside Land GRACE HTS LTS 1 THRU 12 BK 2 3191.0001.0010 661Outside Land HARBOR VIEW ESTS LTS 1 THRU 11 BIL( A 3191-0002-0010 6B Outside Land HARBOR VIEW EST5 ITS 1 THRU 10 BLK 8 �- 3191-00030010 jjde land HARBOR VIEW ESTS LTS 17HRU 6 BLK C 3191-0004-0160 6B Outside Land HARBOR VIEW E515 LTS 16 THRU 33 BLK DrX 1910005 6010 y, _ 6�8 amide an8_ _ _;"OR VIEW ESTS M i THRU 32 BLK E 3191-0008.0010 66 Outside Land HARBOR VIEW ESTS LTS 1 THRU 33 BLK H 3191-0070-01010 6&Gutslde Land HARBOR VIEW jt[� 1 THRU 51 BLK! 3191-0011-0010 6B Outside Land HARBOR VIEW ESTS LTS 1 THRU 50 BLK K j1g1-0013-9240 6B (Outside Land "ARBOR VIEW ESTS LTS 1 THRU 15, 18 THRU 21 & 24 THRU 48 BLK M_-- 5933-0000-0000 6B Oustide Land OAK LAWN STREET CLOSURES IN THE NE PART OF ABS #1,149147 ACS 9 -Q001-0010 69 outside Land OAK LAWN LTS 1 THRU 218K 1 5933-0002-0010 6B Outside Land OAK LAWN LTS 1 THRU 14 BK 2 $933-QO03-0010 68. Outside Land OAK LAWN LTS 11HRU 4, SA, 611, 6B, 7 & PT LTS 5 & 10 THRU ALL LT 14 @K 3 5933.0004-0040 68 Outsi a Land OAK LAWN LTS 3 THRU 19 BK 4 988-0012-0010 68 Outside Land OAK PARK LTS 1, 7 & N 85' OF LT 8A BK 1.2 5938-0015-0010 6B Outside Land OAK PARK LTS 1 THRU 12 BK 15 4938-0016-0010 68, -Outside Land OAK PARK LTS 1 THRU 6 8t 8 THRU 12 BK 16 ] 5936-0017-0010 6B Outside Land OAK PARK LTS 1 THRU 4 & 11 & 12 BK 17 6849.0000-0015 65 Outside Land 'PONTIAC TRACTS 2.43 ACS OUTTR B ICL (PT PARCEL 7 TRACT 1) EAST PLANT EXHIBIT B Schedule of Value CITY OF CORPUS CHRISTI INDUSTRIAL DISTRICT SCHEDULE OF VALUE Company Name: Contact Name: Telephone: Address: Address: Contract Number As of 1/1/ 2015 Due 8/31/ 2015 to the best of my knowledge. Email Sworn to and subscribed before me by (Personalized Seal) a duly authorized official of the above company, do swear that the information provided is accurate Signature of Authorized Official Printed Name on this day of 20_. Notary Public's Signature Authorized Official's Title loft EXHIBIT C City Ordinance Creating Industrial Districts AN ORDINANCE AUTHORIZING THE REESTABLISHMENT OF LAND AREAS LOCATED WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS AS INDUSTRIAL DISTRICTS; RESERVING AND PRESERVING ALL RIGHTS, POWERS AND DUTIES OF THE CITY COUNCIL; AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE INDUSTRIAL DISTRICT AGREEMENTS BY AND BETWEEN THE CITY AND VARIOUS PROPERTY OWNERS LOCATED MUM THE EXTRATERRITORIAL JURISDICTION OF THE CITY WHEREAS, under Texas Local Government Code Chapter 42, Subchapter 42.044, the Governing body of any city has the right, power and authority to designate any part of the area located in its extraterritorial jurisdiction as an Industrial District, and to treat such area from time to time as such governing body may deem to be in the best interest of the City, and WHEREAS, included in such rights and powers of the governing body of any city is the permissive right and power to enter into written agreements with the owner or owners of land in the extraterritorial jurisdiction of a city to guarantee the continuation of the extraterritorial status of such land, and immunity from annexation by the city for a period of time, and other such terms and considerations as the parties might deem appropriate; and WHEREAS, it is the established policy of the City Council of the City of Corpus Christi, Texas (the "City), to adopt reasonable measures permitted by law that will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein as being in the best interest of the City and its citizens; and WHEREAS, under said policy and the provisions of Section 42.044, Texas Local Government Code, the City of Corpus Christi has enacted Ordinance No. 15898, approved November 26, 1980, as amended, indicating its willingness to enter into industrial district agreements with industries located within its extraterritorial jurisdiction and designating the specified land area as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2; and WHEREAS, in order to correct certain boundary issues, the City Council desires to reestablished the boundaries of the land area known as Corpus Christi Industrial Development Area No. I and Corpus Christi Industrial Development Area No. 2 and renamed such area "Industrial District No. In and "Industrial District No. 2"; and NOW, THEREFORE, BE rT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The findings contained in the preamble of this Ordinance are determined to be true and connect and are hereby adopted as a part of this Ordinance. INDEXED SECTION 2. Industrial District 1 and Industrial District 2 are herby established as described in ExWbit A attached hereto and incorporated herein. SECTION 3. The City may create new Industrial Districts, and expand or diminish the size of any Industrial District and the City hereby reserves all rights and powers it may have or acquire to revoke in whole or in part the creation of all or any part of an Industrial District, except to the extent that it has agreed not to do so in any industrial district agreement. SECTION 4. The City Council approves and authorizes the entering of contractual obligations with property owners in within the extraterritorial jurisdiction of the City in substantially the foan as shown in the document which is attached hereto and incorporated herein as Exhibit 8. The City Manager, or his designee, is hereby authorized to execute such documents and all related documents on behalf of the City of Corpus Christi, The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. ATTEST: Armando Chapa City Secretary THE OF CORPUS CHRISTI Nelda Martinez Mayor That a Lmegoing din ce as d far the first time and passed to its second reading on this the day of ��y the following vote: Nelda Martinez Kelley Allen Rudy Gama Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Marls Scott That themi ordin ce was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the —ilith day of ATTEST: Armando Chaps Nelda Martinez City Secretary Mayor 029958 EXECIBIT A Boundaries of Industrial District 1 and Industrial District 2 Corpus Christi Industrial District No.1 Approximately %775 Acres within Nueces County, Texas, outside the city Omits of the City of Corpus Christi and generally bounded an the southwest by the northeast right-of-way of Interstate Highway No. 37, on the north by the south shoreline of the Nuaces River and Nueces Bay, an the West by the East right-ofway of Carbon Plant Road {Joe Fulton Corridor) from interstate Highway No. 37 to Mclantk Lane and the north right -of --way of Mckinzle Lane from the east right-of-way of Carbon Plant Road to the east property We of the City's Allison WastewMerTreatment Plant and along the east property line of the Chty's Allison Wastewater plant from Mclanzle Lane to the Nueces River. 1) BEGINNING at the northeast comer of Tract "8", Nueces View Tracts as recorded In Volume 28, Page 64 of the Map Records of Nuecas County, TX, same being the northeast comer of the City's AOison Wastewater Treatment Plant 2) THENCE In an easterly direction with the meanders of the south shoreline of the Nueces River and Nueces Bay to the northwest corner of Black 1, Lot 150 of the Porto Bello Subdivision as recorded in Volume 47, Pages 144-145 of the Map Records of Nueces County, Texas, 3) THENCE southwesterly along the westerly boundary line of the Porto Bello Subdivision to the southwesterly corner of Lot 1, Black 1; 4) THENCE southeasterly along the southerly boundary fine of said Lot 1 to the current City tlmlts of the City of Corpus Christi; 5) THENCE southwesterly along said City Limit line to a point where the centedine, of Avenue Or intersects the northerly right-of-way line of Burleson Street; 6) THENCE northwesterly along the north right-of-way of Burleson Street to the southwesterly boundary One of Lat 1, Block 174 of the Brooklyn Addition as recorded in Volume A, Page 31 of the Map Records of Nuaces County, Texas; 7) THENCE northeasterly through said Block 174 to the northwesterly comer of Lot IL, B) THENCE southeasterly along the northeasterly boundary line of said Lot 11 to the northeasterly comer thereof; 9) THENCE northeastariy along the northwesterly right-of-way One of Avenue WHO to a point on the northerly boundary One of a 6.19 Acre Tract of land known as Tract "A' of the Brooklyn Acreage; 10) THENCE northwesterly along the northeasterly boundary of said Tract 'A' in the northwesterly corner thereat, 11) THENCE southwesterly along the westerly boundary of said Tract 'A" and the continuation thereof to the southerly right-of-way of Burleson Street; 24 THENCE southeasterly along the southerly right-of-way of Burleson Street to the centerline of Avenue "F'; 13) 'THENCE southwesterly along the centerBne of sold Avenue "r and the extension thereof to a point on the original City Umit line as surveyed by C. F. H. Von Blucher in August, 1883, 14) THENCE westerly along said original City limit One to the northwest corner thereof; 15) THENCE southerly continuing along said original City limit line to the north comer of a 13.602 acre tract annexed by City Ordinance 8022441; 161 THENCEaround said 13.602 acre tract: 531'4114S"W a distance of 125754'to a point on the northwesterly right -of --way line of the Missouri Pacific railroad; 561"2717"E along said right-of-way a distance of 290.36' 561°23'34"E continuing along said right-cf=way a distance of 175.07' 53ftWO(rW crossing sold right-of-way a distance of 130,06' to a paint; S6102313WE a distance of 8795 to a point; 53104V4S'W a distance of 15995' to a point; SS9018'15'E a distance of 416.24' to a point on said original City Umlts; 17) THENCE southerly continuing along said original City Umit line to the north comer of a 0.0018 acre tract annexed by City Ordinance 4022441; 18) THENCE around said 0.D18 acre tract: S27034WW a distance oF16.S8' to a point; 558'161140E a distance of 9.37' to a point on said original City Umlts; 12) THENCE southerly continuing along said original City Umit line to a point an the northwesterly right-af-way One of Nueces Bay Boulevard; 20) THENCE southwesterly along the northwesterly fight -of -way line of Nueces Bay Boulevard to the easterly corner of Tract 1, Pontiac Tracts as recorded in Volume 57 Page 64 of the Map Records of Nueces County, Texas; 22) THENCE around said Tract l: N55°SS'12'W a distance of 300.09' to a point at the northerly comer thereof, 531°15'00"W a distance oF171.81' to an angle point therein; 534°59'12"W a distance of 98.43' to a point at the westerly corner thereof, being on the northeasterly boundary One of the Baymoor Addition as recorded In Volume 4, Page 42 of the Map Records of Nuems County, Texas; 22) THENCE northwest along the northeasterly boundary One of said Baymoor Addition to the northwest cornerof Lot 205, same point being a northerly corner ofTract "H' of the Pontiac Tracts as recorded In Volume 55, Page 135 of the Map Records of Nuecas County, Texas, 73) THENCE 522"42'30'W along said Tract OW a distance of 31.49' to an angle point thereln, 24) THENCE northwasterly crossing Buddy Lawrence Drive and Oak Park Avenue to a point on the northeasterly boundary One of Lot 7, 8kuk 2 of Oak Lawn Addition as recorded in Volume 5, Page 27 of the Map Records of Nueces County, Texas, same point being at the southeast terminus of Naokes Street as shown on Plat of Harbor Vlew Estates recorded In Volume 5, Page 48 of the Map Records of Nueces County, Texas; 25) THENCE northeasterly along the easterly boundary line of said Harbor View Estates to the northeasterly comer theraot 26) THENCE northwesterly akrng the northerly boundary line of said Harbor View Estates and the extension thereof, partially along the centerline of Gibson Street, to a point on the west right-of- way One of Path lane; 27) THENCE northeasterly along the west right cf-way line of Path Lane to the northeasterly comer of land of Magellan Terms W Holdings, LP as described to Documents 42004020907 and N1999033783 of the Official Pubk Retards of Nueces County, Texas; 28) THENCE northwesterly along the northeasterly boundary One of said Magellan Terminal Holdings LP to a point on the southerly right-of-way One of the Missouri Pacific Railroad; 29) THENCE southwesterly along said southerly right -of -my One to the northwesterly boundary Una of sold Magellan Terminal Holdings, LP to a point; 30) THENCE southwesterly along the westerly boundary line of said Magellan Terminal Holdings, LP to a point where the northwesterly boundary One of Country Club Place as recorded in Volume 4, Page 3 of the Map Records of Nueces County, Texas, meets the northerly right-of-way Line of Interstate Highway 37; 31) THENCE northwesterly elan& sold northerly right-of-way to Its intersection with the northeasterly right-of-way line of Up River Road (Shen Road); 32) THENCE northwesterly along said northeasterly right-of-way of Up River Road to the southeasterly corner of lot 3, Navigation Heights Annex 43 as recorded in Volume 40, Page 112 of the Map Records of Nuems County, Texas; 33) THENCE around said Lot 3: N36017WE a distance of 177.95' to a point at the northeasterly comer thereof; N53'38'3("W a distance of 166.97' to the northwesterly comer thereof; SIOM390"W a distance of 17657' to the northeasterly right -of way of Up River Road; 34 THENCE northwesterly along said northeasterly right -or way line of Up River Road to the easterly right-of-way We of Cantwell Lane; 35) THENCE northeasterly along said easterly right-of-way to ib intersection with the extension of the northerly boundary One of a 3.37 Acre tract of land out of Share 3A of the Kaler Tract "D" (unrecorded plat) 36) THENCE northwesterly across said right-of-way and along the northerly boundary line of said 337 Acre Tract (tax ID387S-00O3-0140) to the northwesterly comer thereof, 37) THENCEsouthwesterly along the westerly boundary One of said 337 Acre Tract and of Share 2A, F. H. Kaler Partition as shown on plat thereof recorded in Volume 9, Page 66 of the Map Records of Nueces County,Texes, to a point on the northeasterly right-of-way, line ofUp River Road; 38) THENCE northwesterly along said northeasterly right-of-way One of Up River Road to the easterly extension of a right -of way to a 1 Acre tract of land out of lot 1. Block 1, coastal Javelin Addition as recorded In Volume 54, Page 56 of the Map Records of Nueces County, Texas, said 1 Acre tract described by metes and bounds In qty Ordinance 4O2B451; 39) THENCE southwesterly across said Up River Road and along said easterly right-of-way One to the north boundary line of said 1 Acre tract (not platted, see tax ID 1661-0001-0012 and Document 42413033372 of the Offload Public Records of Nueces County, Texas); 401 THENCE easterly, southerly, westerly, and northerly around said 1 Acre tract to the southerly right-cf-way serving said tract; 41) THENCE westerly along said southerly right-of-way line to the west boundary One of said lot 1, Block 1; 42) THENCE northeasterly along said west boundary line of said lot 1. Block 1 and the extension thereof to a point on the northeasterly rtght-of--way tine of Up River Road; 43) THENCE northwesterly along sold northeasterly right-of-way line of Up River Road to the westerly extension of the right-of-way One of County Road S2A; 44) THENCE southwesterly across said Up River Road and along said westerly right-afway One of County Road S2A to its terminus; 45) THENCE southeasterly along said right-of-way and along the southerly boundary of a 13.26 Arne tract out of the Ohler Tract of the Dunn Tract and described in Document 92004014391 of the Of&dal Public Records of Nueees County, Texas, to a point on the northwesterly boundary One of Block 8, Academy Heights Unit 1 as recorded in Volume 26, Page BS of the Map Records of Nueces County, Texas; 46) THENCE southwesterly along said nordwoesterly boundary line of Academy Heights Unit 1 and along the northwesterly boundary One of Academy Heights Unit 2 as recorded In Volume 42, Page 186 of the Map records of Nueces County, Texas to a point on the northerly right-of-way line of Interstate Hlghway37; 47) THENCE northwesterly along Bald right-of-way One of interstate Highway 37 to the southeasterly boundary line of lot 1, Block 3 of the interstate Industrial Complex as recorded in Volume 32, Page 36 of the Map Reeoded of Nueces County, Texas; 48) THENCE around said Lot 1: NOO'39147"E a distance of 300W to a point at the northeasterly career thereof, NBti'S1'25`W a distance of 519.65 to the northwesterly comer thereof; SW44141V along the east right-c&way of Corn Products Road a distance of 20OW to the northerly right-of-way of interstate Highway 37; 49) THENCE northwesterly crossing said Corn Products Road and continuing along said right-of-way One of interstate Highway 37 to the southwesterly boundary line of tot 15, Block 1 of the Interstate industrial Complex Unit 1 as recorded In Volume 34, Page 24 of the Map Receded of Nueces County, Texas; SO) THENCE northwesterly along the east right -of way One of Complex Boulevard to the southwesterly boundary Hire of lot 14 Block 1 of said Interstate Industrial Complex; 51) THENCE northeasterly along the southeasterly boundary tine of said lot 16 to the southeast comer thereof; 52) THENCE northerly along the easterly boundary One of said Black 1 to the midpoint of lot 19; 53) THENCE westerly along said midpoint of lot 19 and extending across Complex Boulevard to a point on the west right-of-waythereoP,, 54) THENCE southerly along the west right-of-way of Complex Boulevard to a point on the northerly right-of-way of Interstate Highway 37; 55) THENCE northwesterly along sold right-of-way line of Interstate Highway 37 to the easterly right-of-way ofSouthem Minerals Road; 56) THENCE northerly along the east right-of-way tine of 5outhem Minerals Road to the southerly right-of-way line of Up River Road; 57) THENCE southeasterty along the south right-of-way One of Up River Road to the northwesterly comer of lot Z, Glark 1 of the Missouri Pacific Industrial Area as Recorded in Volume 52, Page 63 of the Map Records of Nueces County, Texas; 56) THENCE around said lot 1: 501'26'W a distance of 437.96' to a point at the southwesterly corner thereof; 5S4'44'45'E a distance of 172.72' to the southeasterly corner themoF, N01'261W a distance of 507.96' to a point on the south right-of-way line of Up River Road; 591 THENCE southeasterly along the south right-of-aw line of Up River Road to the northwesterly corner of a 3.75 Acre tract of land described in Document It200100777 of the Official Public Records of Nueces County. Texas; 60) THENCE around said tract southerly, southeasterly, and northerly, crossing Up River Road to a point on the north right-ofwray thereof, 61) THENCE northwesterly along the north right•of-way One of Up Raver Road to its intersection of the west right-of-way Ina of Southern Minerals Road; 62) THENCE southerly along the west right-of-way of Southern Minerals Road to a point on the northerly right-of-way of Interstate Highway 37; 63) THENCE northwesterly along said right-of-way One of interstate Highway 37 to the southerly corner of lot 7, Block 1, Goldston Addition as Recorded In Volume 55, Page 67 of the Map Records of Nuaces County, Texas; 64) TMCE around sold tot 7 northerly, westerly, and southerly to a point on the north right -of, way line of Interstate Highway 37; 65) THENCE northwesterly along said right-of-way line of Interstate Highway 37 to the easterly right-of-way One of Hunter Road; 66) THENCE northerly along the out right-of-way One of Hunter Road to the southwesterly comer of a tract of land described In Document 02012022560 of the Official Public Records of Nueces County, Texas (Tax ID 0272.0100-0300); 671 THENCE easterly along the south boundary One of said tract to the southeast comer thereat, 6a) THENCE northerly along the east boundary line of said tract and along the east boundary Pne of a tract of land described In Document 02012022560 of the Official Public Records of Nueces County, Texas (Tax ID 0272-01004MOk 69) THENCE northwesterly and westerly along the north boundary One of said tract to the east right- of-way line of Hunter Road; 70) THENCE northerly along the east right-of-way One of Hunter Road to its Intersection with the south right-cf-way line of Up River Road; 71) THENCE southeasterly along the south right-of-way One of Up Rhrer Road to the northwest comer of lot 3, P. V. Alexander as shown on Volume 34, Page 18 of the Map Records of Nueces County, Texas; 72) THENCE southwesterly along the west boundary One of salo Lot 3 to the southwest comer thereat 73) THENCE southeasterly along the southwest boundary line of sold tract and along the southwest boundary tine of a tract of land described in Document #2012022560 of the Official Public Records of Nueces County, Texas (Tax ID 0272.0100.0000); 74) THENCE easterly alone the southerly boundary line of boundary One of a tract of land deserted In Document 02D12022560 of the Official Public Records of Nueces County, Texas (Tax 10 0272- M00 -04M);, 75) THENCE northerly along the east boundary One of said tract and crossing Up Rhrer Road to a point on the north right-of-way thereof; 76) THENCE northwesterly a" the north right-of-way line of Up River Road to Its Intersection of the west right-of-way One of Hunter Road; 77) THENCE southerly crossing Up River Road and along the west right-of-way line of Hunter Road to Its Intersection with the north right-of-way One of Interstate Hlhway 37; 78) THENCE northwesterly along said right-of-way One of Interstate Highway 37 to the southeast corner of Lot 1, Block 1, Hunter industrial Park as recorded in Volume 43, Page 128 of the Map Records of Nueces County, Texas; 791 THENCE northerly along the east boundary line of said Lot 1 to its Intersection with the south right-of,way line of Up River Road; 80) THENCE northwesterly along the south right-of-way line of Up River Road to Its Intersection of the west right-of-way line of Suntide Road; 81) THENCE northwestiariy crossing Up River Road to the Intersection of the west right-of-way line of Sw0de Road meets the north right-of-way of Up River Road; 82) THENCE southeasterly crossing Suntide Road to the Intersection of the east right-of-way line of Surdide Road meets the north right-of-way of Up River Road; 83) THENCE northerly along the east right-of-way Erre of Suntide Road to the southwest comer of an unplatted tract or land described in Document #946716 of the Official Public Records of Nueces County, Texas (Tax ID0267.0002-0000); 84) THENCEaround said tract easterly, northerly, and westerly crossing Suntide road to a pointon the west right-of-way, line thereof, 85) THENCE southerly along the west right -or -way Eine of 5untide Road to the northeast corner of West End Heights as recorded in Volume 1S, Page 4 of the Map Records of Nueces County, Texas; 86) THENCE around said West End Heights: 589*35'W a distance of 57453' to a point at the northwest corner thereof; 50&25'E a distance of 927.92' to the southwest comer thereof, being on the northeast right-of- way of Up River Road; 87) THENCE southeasterly along the northeast right-of-way line of Up River Road to the extension of the easterly boundary line of an unplatted tract of land described In Document 02010040428 of the Official Public Records of Nuaces County, Texas (Tax ID 79464000-3715); 88) THENCE southerly, crossing said Up River Road, and along the east boundary One of said unplatted tract to the southeast comer thereof; 89) THENCE northwesterly along the southwest boundary One of said unplatted tract and of an unplatted tract of land described In Document #978850 of the Official Public Records of Nueces County, Texas (Tax ID 7946-0000-3710) to the southwest comer thereof, 90) THENCE northerly along the west boundary tine of said tract and the east boundary Nae of Tulaso Road Subdivision as recorded in Volume 13, Page 23 of the Map Records of Nueces County, Texas to the northeasterly comer thereoP, 91) THENCE northeasterly crossing Up River road to the southeasterly comer of an unplatted tract of land described In Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax 1D 026S-0040.0100) to the southeast comer thereof, 92) THENCE northwesterly along the northeasterly right-of-way of Up River Road to Its intersection with the northerly extension of the westerly right-of-wayofAdaso Road; 931 THENCE southwesterly crossing Up River mad to the northeasterly comer of Lot 1, Block 1, Covington Industrial Tracts recorded in Volume 46, Page 11 of the Map Records of Nueces County, Texas; 94) THENCE around sold Covington Industrial Tract: 5006031M along the westerly right-of-way line of Tutoso Road a distance of 487.74' to a point at the southeasterly corner thereof, N66008'W a distance of 363.81' to the southwesterly comer thereof; N00'03'14"E a distance of 505.111' to a point on the southeasterly right-of-way of Up River Road; 95) THENCE northwesterly along the southeast right-of-way line of Up River Road to the northeasterly corner of an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax 10 7946-0000-3920); 96) THENCE southerly along the easterly boundary fine of said unplatted tract to the southeast comer thereof; 971 THENCE northwesterly along the southwest boundary line ofsald unplatted tract and of an unplatted tract of land described in Document 42010040428 of the Official Public Records of Nueces County, Texas (Tax ID 7946.0000-0410) to the southwest comer thereof; 98) THENCE southerly along the easterly boundary Ina ofan unplatted tract of land described in Document #2004031460 of the Official Public Records of Nueces County, Texas (Tax ID 7946- 0000.3641) to the southeast comer thereof; 991 THENCE northwesterly along the northeasterly right -of --way of Interstate Highway 37 and the southwest boundary line of said unplatted tract to the southwesterly corner thereof; 100) THENCE northerly along the westerly boundary line of said unplatted tract and of an unplatted tract of land described in Document 02004031460 of the Official Puble Records of Nueces County, Texas (Tax 1D 79464KKW 4030) to the northwest comer thereof; 101) THENCE northwesterly along the southeast right-of-way line of Up River Road to the northeasterly comer of an unplatted tract of land described in Document #2007056023 of the Official Public Records of Nueces Caunty, Texas (Tax 10 794600004505r 102) THENCE southerly along the easterly boundary One of said unplatted tract to the southeast comer thereof; 103) THENCE northwesterly along the northeasterly right-of-way of Interstate Highway 37 and the sou thwest boundary line of said unplatted tract and of an unplatted tract of land described in Document N2007056023 of the Official Public Records of Nueces County, Texas (Tax ID 79464000.3510) and of an unplatted tract of land described in Document N2010040428 of the Official Public Records of Nuecas County, Texas (Tax ID 8057.0000-0011) to the southwest cornerthereof; 1041 THENCE northerly along the westerly boundary line of said unplatted tract and of an unplatted tract of land described In Document N2010040428 of the Official Public Records of Nueces County, Texas (Tax ID8057-0000.0100) and of an unplatted tract of land described In Document 112010040428 of the Official Public Records of Nueces county, Texas (Tax ID 8057- 00011-0010) to the northwest corner thereof; Iasi THENCE northeasterly crossing Up River Road to a point an the westarty right-of-way line of Renfrew Lane; 105) THENCE northeast" along the westerly, right-of-way tine of said Renfrow Lane to Its Intersection with northeasterly comer of an unplatted tract of land described In Document 112010040428. of the Official Public Records of Nueces County, Texas (Tax IIA 0271-0042-0000); 107) THENCE westerly, southwesterly, northwesterly, and southwesterly to a point on the northeast right-of-way of Up River Road; 108) THENCE northwesterly along the northeast rlght-of-way fine of Up River Road to the southeasterly corner of lot 1, Block L Tecolote Tract as recorded In Volume 55, Page 100 of the Map Records of Nueces County. Texas; 109) THENCE northerly along the east boundary tine of said Lot 1 to the southwesterly comer of an unplatted tract of land described In Document N2010040428 of the Official Public Records of Nueces County. Texas (Tax 100266-0140-0100); 130) THENCE easterly, northeasterly, westerly and southerly to the northeast comer of said Tecolote Tract; 331) THENCE northwesterly along the nordwrly boundary fine of said Tecolote Tract and an unplatted tract of farad described In Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 0266-0010-0305) to the nortfwW comer thereof•, 112) THENCE southerly along the westerly boundary One of said unplatted lot to a point on the northeast right-of-way of up River Road; 133) THENCE northwesterly along the northeast dight -of -way One of Up River Road to Its Intersection with the westerly right-of-way One of Heams Ferry Road; 314) THENCE northwesterly along the southwest right-of-way line of Heams Ferry Road to the northeast comer of Lot 7, Awkerman Garden lots as recorded In Volume 4, Page 3B of the Map Reco rds of Nuaces County, Texas; 115) THENCE southerly along the easterly boundary line of sold Lot 7 to a point an the northeast right-af-way line of Up River Road; 116) THENCE northwesterly along the northeast right-of-way line of Up River Road to the southwesterly comer of Lot 6 of said Awkerman Garden Lots; 117) THENCE northerly along the westerly boundary line of said Lot 6 to a point on the southwest right-of-way line of Heams Ferry Road; 318} THENCE northwestedy along the southwest dght-ohway line of Heams Ferry Road to the northerly boundary One of the said Awkerman Garden Lots; 324) THENCE westerly along the north boundary line of the said Awkerman Garden Lots and the extension thereof to a point on the northeasterly right-ofway One of Up River Road where It meets Interstate Highway37; 320) THENCE northwesterly along the northeast right-of-way line of Interstate Highway 37 to the southeasterly boundary line of an unplatted tract of land described M Document N2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 0268.00904500); 121) THENCE around said unplatted tract northerly, northwesterly, sauthwesterfy, and southerly to a point on the northeasterly right•cf-way of Interstate Highway 37; 122) THENCE northwesterly along the northeast right-of-way One of Interstate Highway 37 to the southeasterly boundary line of an unplatted tract of land described in Document ®2008047444 of the Offidai Public Records of Nueces County, Texas (Tax ID 0268.0060-0009); 123) THENCE around said unplatted tract northeasterly, westerly, southwesterly, and southeasterly to a point on the northeasterly right-of-way of Interstate HigMaay 37; 1241 THENCE northwesterly along the northeast right-ofway line of Interstate Highway 37 to Its Intersection with the easterly right-of-way line of Carbon Plant Road Yoe Fulton Corridor), 225) THENCE northeasterly along the southeast right-of-way line of Carbon Plant Road poe Fulton Corridor) to Its Intersection with the northerly right-of-way line of MckWe Lane; 126) THENCE northwest" along the northeast right-of-way One of MckirWe lane to Its Intersection with the southeasterly comer of the Allison Wastewater Treatment Plant; 127) THENCE northerly along the easterly property line of the Allison Wastewater Treatment Plant to the south shoreline of the Nueces River and Point of Beginning and containing 9,775 Acres more of less; Together with 3 Island parcels described as k9lows: Area 1u 2.73 acres out of tot 2. Block 1, Stateway subdivision as recorded in Volume 38, Page till of the Map Records of Nueces County, Texas. Sold 2.73 Acres being further described In Document 02o11426MB of the Official Public Records of Nueces County, Texas. Ara 1 Beginning at the southeast comer of tot 1. Block 2, Steteway Subdivision as recorded in Volume 38, Page 12 of the Map Records of Nueces County, Texas; THENCE North 4995i along the easterly boundaryof said lot Ito the northeast comer thereof, THENa southeasterly along the southwest right-ol-way tine of Up River Road to the westerly► right-of- way line of Ciarkwood Road; THENCE southwesterly along this west rlght-ofrway line of Clarkwood Road to the northerly right-of-way One of Interstate Highway 37; THENCE northwesterly along the northeasterly right-of-way line of interstate Highway 37 to the PoIr t of Beginning; Area 3: tot 1, Block 1, Meaney industrial Tracts as recorded M Volume 46, Page 180 of the Map Records of Nueces County, Texas; This document was prepared under 22 TA 1663.21, does not reflect the results of an on the ground survey, and Is not to be used to convey or establish interests in real property except those rights and Interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. Russell D. Ochs RUSSELL D. C � - R.P.1-S. A5241 r INDUSTRIAL DISTRICT NO. 1 CITY of CORPUS CHRISTI. TEXAS Department of Engineering Services Survey Division Doti: SI/Valli I died Orem ter Moj e& Ea29 KADitheeringVinivICity el a-.eal i+ ', 1Tr W2 i i E INDUSTRIAL DISTRICT NO. 1 CITY of CORPUS CHRISTI, TEXAS Deportment of Engineering Services Survey Division &Mc 11/1/X112 I �(�l/fC.l.sd Fr Drawn Op RAd+pl g1 4Oly d CC -72k SheabANlMaly [SJEIT2Gr2 Corpus Christi Industrial District No. 2 Approxknnetely 4,157 acres of land within Nueces County, texas, outside the city limits of the Oty of Corpus Christi and generally bounded on the south by the existing north right-of-way line orstate Highway No. 44; an the west by the east right-of-way of Farm to Market Road 15% (Callcoatte Road), from State Highway No. 44 to Swetllck Road (County Road 44); on the north by the south right-of-way Swetlick Road, form Farm to Market Road 1694 to Faun to Market Road 24 (Violet Road) and on the east fight -of way One of farm to Market Road 24, from Swetlkk Road to the north property line of EquistarChemicals LP, extended wesOariY to Farm to Market Road 24; on the north by the north property line of Equistar Chemicals LP extended from Farm to Market Road 24 to and along the north property Ilene of Equistar Chemicals LP and extended easterly to the present city Omit line and on the east by the present city iknit Ina and the easterly right-of-way line of Rand Morgan Road and being more fully described as follows: Beginning at the Intersection of the existing north right-ofway line of State Highway 44 with the existing east right-of•way line of Farm to Market Road No.1694 (Callkoatte Road) for the southwest corner of a 1.5 acre tract out Lot 4 of the W.B. Baker 5ubdivision of the Cody Partition (Volume 2, Page 16, Map Records of Nueces County, Texas), described In Document No. 2007836659 of the Official Public Records of Nueces County. Texas (Tax 10 03764000404001 and for the southwest corner of this Olstrict; THENCE, in a northerly direction, with the east right-of-way of Farm to Market Road No. 2694 (CaMcoatte Roadb approximately 6,785 feet to the Intersection of said east right-of-way sine of Farm to Market Road No.1694 (Calikoatte Road) with the south right-of-way line of Swetik k Road {County Road No. 441, for the northwest comer of a 4.88 etre tract out of lot 25 of the W.B. Baker Subdivision of the Cody Partition (Volume 2, Page 16, Map Records of Nueoes County, Texas), described in Document No. 2012000442 of the Official Public Records of Nueces County, Texas (Tax 10 0376400X).2508) and for the northwest comer of this District; THENCE, in an easterly direction, with the south right-of-way One of Swedick Road (County Road No. 44), at apprvrdmately 5,144 Not pass the northeast comerof a 153.4117 acre tract out of tots 22 thru 25 of the W.B. Baker Subdivision of the Cody Partition jVohane 2, Page 16, Map Records of Nuacas County, Texas), dascrlbed in Document No. 20010158 /41/ of the Official Public Records of Nueeas County, Texas an 10 0376.0000-2210) and the westerly right-of-way of said Fain to Market Road No. 24 (Violet Road) and continuing In an easterty direction to the east right-of-way of said Farm to Market Road No. 24 (Met Road) for an interior corner of this District; THENCE. in a northerly direction, with the east right-oFway of said Farm to Market Road No. 24 (Violet Road), same being the west boundary of the Equistar Chemicals, LP 131A9 acre tract, being out of Assessors Map 139, described in Document No. 2005033213, Official Public Records of Nuec es County, Texas (Tax 10 0270-0040- 0000), a distance of approximately 2265A feet for the northwest comer. of salt Equister Chemicals, LP 131.49 acre UW and for comer of this District; THENCE, In an easterly direction, with the north boundary of sold Equtstar Chemicals. LP 131.49 acre tract and the north boundary of the Eauistairchemicals LP 333.74 acre tract, being out of Assessors Map 145 and out of Tract 12, Surrey 412 of the Charles land, Abstract 6S4, said 333.74 acre tract described in Document No. 19980376- /W Official Pub0c Records of Nueces County, Texas (Tax ID 0276.0120-0000), a distance of approximately 6,050 het to the intersection of the north boundary line of said 333.74 acre with the qty of Corpus Christi city Ibrrits One, for the northeast comer of this Oistrict; THENCE, in a southeasterly direction, with the above•mentloned City of Corpus Christi city limits line, at approxhnately 4,840 feet pass the approximate center of Mclanzie Road and continuing In a southeasterly direction, with the above-mentioned City of Corpus Christi city Amps 8ne, a total distance of approximately 15,290 feet to the intersection of said dty limits line with the existing west right-of-way of Rand Morgan Road, same being the east boundary of a 187.47 acre tract out of lots 1 thru 4, Black 403 of the Rowena Shaefer land (Volume 3, Page 17, Map Records of Nueces County, Texas), described In Document No. 2008044422, Official Public Records of NuacesCounty, Texas (Tax ID 74110000-0210) and for a corner of this Distrki; THENCE, M a southerly direction, with the existing west boundary of said Rand Morgan Road, same being the east boundary of said 187.47 acre tract, a distance of approximately 645 feet to the intersection of said west boundary of Rand Morgan Road with the existing north right-of-way One of State Nlghway 44 for the southeast comer of said197.47 acre tract and for the southeast comer of this District; THENCE, In a westerly direction, with the existing north boundary of State Highway 44, at approxlmately7,900 feet pass the approximate center of MNlfrule Road, at approximately 1B,100 feet pass the approximate center of Farm to Market Road Z4 IVIolet Roadh in all a total approximate distance of 23,206 feet to the Point of Beginning and containing approximately 4,157 atm of land This document was prepared under 22 TAC§663.21, does not reflect the results of an on the ground survey, and Is not to be used to convey or establish Interests In real property except those rights and interests Implied or established by the creation or reconfiguration of the boundary of the political subdivision forwhich It was prepared. a,��°i"sriR,j D.o Russell D. oche RUSSELL....00AS. 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J.14 , INDUSTRIAL DISTRICT NO. 2 CITY of CORPUS CHRISTI, TEXAS Deportment of Engineering Services Survey Division Oeh: 9/5,/2O0 I Checked D Own Bl" Plrn/3ef• 87059 SHUT OFf K 1 1SrveyWily or CC=rffe SI errs 1rf MOP" EXHIBIT B Industrial District Agreement THE STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI § This Industrial District Agreement ("Agreement') made and entered into under the authority of Section 42.044 of the Local Government Code, by and between titre CITY OF CORPUS CHRIST!, TEXAS, a Texas home -rule municipal corporation of Nueces County, Texas, hereinafter called the "CITY", and [Name of landowner], a[State][type of entity], Landowner, and [name of lessee 8l: improvements owner], a [state][type of entity], lessee and Improvements Owner, hereinafter collectively called the "COMPANY". WITNESSETH: WHEREAS, it is the established policy of the City Council of the City of Corpus Christi, Texas, to adopt reasonable measures permitted by law that will teed to enhance the economic stability and growth of the CITY and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the CITY and its citizens; and WHEREAS, the COMPANY is the owner and/or lessee of Land or owner of Improvements on land within the Extra Territorial Jurisdiction of the CITY; and WHEREAS, under said policy and the provisions of Section 42.044, Texas Local Government Code, the CITY has enacted Ordinance No. 15898, approved November 26, 1980, as amended, incorporated for all purposes, indicating its willingness to enter into Industrial District Agreements with industries located within its Extra Territorial Jurisdiction and designating the specified land area as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2; and WHEREAS, in order to correct certain boundary issues, Ordinance No. reestablished the boundaries of the land areas }mown as Corpus Christi Industrial Development Area No. I and Corpus Christi industrial Development Area No. 2 and renamed such areas "Industrial District No. 1 and Industrial District No. 2", herein collectively called "Lrdustrial Districts' ; and WHEREAS, the CITY desires to encourage the updating, expansion and growth of industries within said Industrial Districts, and for this purpose, desires to enter into this Agreement with the COMPANY; and WHEREAS, the COMPANY desires to minimize its tax burden and avoid regulation by the CITY of the COMPANY'S structures and properties within such Industrial Districts. NOW, THEREFORE, in consideration of the premises, the mutual agreements of the parties herein contained and under the authority granted under Section 42.044, Texas Local Government Code, and the Ordinances of the City referred to above, the CITY and the COMPANY hereby agree as follows: Ardele 1 Secdon 1.41 Immunity ftM AnuezMka. The CITY covenants and agrees that during the term of this Agreement, and subject to the terms and provisions herein, the Land shall retain its extraterritorial status as an Industrial District, and shall continue to retain this status until and unless the same is changed under the terms of this Agreement. Except as herein provided, the CITY Sather covenants and agrees that the Land shall be Inatome from annexation during the term of this Agreement, Section UO2 Limited to Industrial Use. COMPANY covenants and agrees that during the term hereof, COMPANY will not use or permit the use of the Land and Improvements covered by this Agreement for purposes not included within the term "industry". "Industry' as used herein shall mean for the same industrial uses to which the Land, or similarly situated land within the Lsdustrial Districts, is now devoted by the COMPANY or other such parties holding such similarly situated land. Holding the Land and Improvements for future "industry" use, without using same for non -industry purposes, does not violate this paragraph. If the COMPANY uses, or permits use of, the Land and/or Improvements covered by this Agreement for purposes not included within the term "industry" as defined above, the payment in lieu of tax to be paid by the COMPANY under this Agreement shall be increased to an amount equal to one hundred percent (100%) of the amount of ad valorem taxes on Land, Improvements, and personal property sited on the Land that would otherwise be payable to the CITY by the COMPANY if said Improvements were situated on land within the CITY limits of the CITY. The increase shall be immediately effective for all payments from the inception of this Agreement, and the COMPANY shall transmit to the CITY within sixty (60) days of being notified by the CITY of the determination of a non -industry use, subject to the notice provided for in Section 4.04, an amount equal to said one hundred percent (100%) of ad valorem taxes from the inception of this Agreement, less any amounts previously paid, plus penalties and interest as if the amounts were delinquent taxes. The CITY shall be entitled to its attorneys' fees and other tests in collecting any of these amounts. In addition, the CITY shall have the rigbt, in its sole and absolute discretion: (1) to obtain an injunction from a court of competent jurisdiction, upon the court's determination that the use is not an "industry" use, requiring that the use be permanently discontinued, or (2) to annex the Land covered by this Agreement and until the Land is annexed, the COMPANY shall continue to make payments equal to said one hundred percent (100A) of ad valorem taxes. +fin 1.03 Annexation Corridor. If any other company within the Extra Territorial Jurisdiction of the CITY fags to eater into an Industrial District Agreement with the CITY or defaults on their in lieu of tax payments, and said defaulting company is not contiguous with the CITY'S boundary, the COMPANY shall, after the CITY provides the COMPANY with sixty (60) days prior written notice of intent to initiate annexation proceeding, permit the CITY to annex a suitable strip of land out of the COMPANY'S Land from the CITY'S boundary to the defaulting company's land to permit its annexation. In the event the CITY must annex a part of the COMPANY'S property in order to annex property owned by third parties, the CITY will annex the absolute minimum amount of the COMPANY'S property legally necessary to annex such property owned by third parties. The location of such annexed property shall be subject to the approval of the COMPANY, such approval shall not be unreasonably withheld. COMPANY and such annexed property shall have no right to any CITY services as a result of such annexation; nor shall the CITY extend, by ordinance, any Hiles, or regulations, including, but not limited to, those (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (C) attempting to exercise in any manner whatsoever control over the conduct of COMPANY'S business thereon. Such annexed portion of land shall remain a part of this Agreement and shall not be subject to CITY taxes, but shag continue to be included within the in lieu of tax payment. In the event that the need for an annexation corridor no longer exists, including but not limited to the defaulting company entering into an Industrial District Agreement, or has met its obligations to the CITY, the CITY agrees to immediately cease any annexation proceedings related to the annexation corridor over the COMPANY'S Land, or within (60) days, take the steps necessary to complete disannexation proceedings required to remove from the city limits any unnecessary annexation corridor. Section 1.04 City Services. During the term hereof, pursuant to this Agreement, the CITY shall have no obligation to extend to the Land any utility or other CITY services, except for services that are being provided to and paid for by the COMPANY on the date hereof, or as otherwise stated herein. Section 1.05 Fire Plotecdon Services. The CITY may provide fire protection services to the COMPANY at the option of the COMPANY for an additional payment to the CITY as set forth under Section 3.05 bereof. Section 1.06 Compliance with City Rules and BMIations. The CITY and the COMPANY agree that during the term hereof, with respect to the Land, the CITY shall not require compliance with its Hiles or regulations: (1) governing zoning and platting of the Land, or any additions thereto, outside the CITY limits and in an Industrial District; provided, however, COMPANY ftirther agrees that it will in no way divide the Land or additions thereto without complying with State law and CITY ordinances governing subdivision of land; (2) prescribing any building, electrical, plumbing or inspection code or codes; or (3) prescribing any rules governing the method of operation of COMPANY'S business, except as to those regulations relating to the delivery of utility services and industrial waste disposal through CITY -owned facilities. Sm -dog 1.07 Definitions. A. QU. As defined in the preamble hereof and includes its successors and assigns. B. Commencement of Constriction. Physical construction {including, at a minimum, excavation for foundations or the beginning of installation or erection of improvements) at the primary site of the eligible project has begun. C. EAistingjmpnovements. In use prior to January 1, 2015 and no longer on a payment scale or have completed the phase in scale set fortb in Section 3.01 E of the Agreement. D. Extra Territorial Jurisdiction lE'I71, The unincorporated area that is contiguous to the corporate boundaries of the City of Corpus Christi and that is located within five miles of those boundaries. E. Grandfathered Inroyements. Improvements that are in use prior to January 1, 2015 and were progressing through the eight year phase in scale set forth in the Prior Industrial District Agreement. F. Imarovements. As defined in Section 1.04(3) of the Texas Tax Code, and shall also include power generation facilities, petroleum and/or chemical refining, processing, extraction or storage facilities, structures, or equipment erected on or affixed to the land, regardless of the land ownership, and pipelines on, under, or across the land which are owned by COMPANY. Includes Existing Improvements, Grandfathered Improvements, In Progress and New Improvements. G. In -Progress Imuroyements Improvements for which construction has commenced, but which are not Placed in Use, prior to January 1, 2015, or for which government permits related to the construction of an Improvement or the expansion of Existing Improvements have been issued prior to January 1, 2015, but for which construction has not commenced. H. industrial District. The industrial districts created pursuant to Ordinance No. . a copy of which is attached hereto as Exhibit C and incorporated herein by reference. I. Industrial District Agracme An agreement made and entered Into under the authority of Section 42.044 of the Texas Local Government Code. jmd. All of the real property owned, leased or possessed by COMPANY and located within the Industrial Districts and designated on Exhibit A attached hereto. K Market Value. As determined and defined by NCAD. L. NCAD. The Nueces County Appraisal District and includes its successors and assigns. M. New ImoroMment. Improvement for which no government permit has been secured and for which construction has not commenced prior January 1, 2015. N. Placed in Use. Improvements that am completed and Placed in Use and are not listed by NCAD as Construction Work in Progress (CWIP). O. Prior Industrial District Agreement. Industrial District Agreement by and between the CITY and the COMPANY that expired December 31, 2014. Article 2 Section 2.01 Term. The term of this Agreement shall be ten (10) years beginning January 1, 2015, and continuing until December 31, 2024, unless terminated as heroin provided or extended for additional period or periods of time upon mutual consent of the COMPANY and the CITY as provided by the Local Government Code; provided however, if this Agreement is not extended, or replaced with a similar agreement that provides for an additional period or periods of time, on or before March 31 of the final calendar year of the term hereof, then the immunity from annexation granted herein shall terminate on that date, but all other terms of this Agreement shall remain in effect for the remainder of the term; provided, however, the effective date and time of annexation shall be no earlier than midnight of December 31 of the final year of the term. Section 2.02 Extended Term This Agreement may be extended for an additional period or periods only by written agreement between the CITY and the COMPANY. Article 3 Section 3.01 Payment in lieu,gf Ad Valorem Taxes. Each year during the term hereof, the COMPANY shall pay to the CITY: A. Land. An amount in lieu of tax on the Land (excluding Improvements and personal property located thereon) equal to one hundred percent (100%) of the amount of ad valorem taxes based upon the Market Value of the Land which would otherwise be payable to CITY by COMPANY if the Land were situated within the CITY limits. B. Existing Improvements. An amount in lieu of tax on Existing Improvements (excluding personal property) located on the Land equal to sixty-two and one half percent (62S1/6) of the amount of ad valorem taxes based upon the Market Value of the Existing Improvements which would otherwise be payable to the CITY by the COMPANY if said Existing Improvements were situated on land within the CITY limits. C. Grandfathered Improvements. If prior to January 1, 2015, the COMPANY was progressing through the eight year phase in scale set forth in the Prior Industrial District Agreement, then the amount of in lieu of tax payments on Grandfathered Improvements (excluding personal property) shall be phased in as follows: Yr Pbccd in Use Yr 1 of Conhad Yr 2 of Caatrad Yr 3 of Contract Yr 4 of cb1amt Yr 5 or Connor Yr 6 of centrad Yr 7 of Contras Yr 8 of Cotrbad Yr 9 of Contract W 10 of Contract Pmf t0 2007 62.$% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 2007 580/6 62.5% 625% 62.5% 62.5% 62.5%6 62.5% 625% 62.5% 625% 2= 50% 58%6 62.5% 62.5% 62.50/a 62.5% 62.5% 62.5% 62.5% 62.5% 2°19 42°ro 500/a 58% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 2010 341/6 42% 50% 580/a 62.5% 62.5% 62.5% 162.50% 62.5% 62.5% Zoll 260A 340/6 42%b 50% 58% 62.5% 62.5% 62.5% 62.5% 62.5% 2012 19% 26% 34% 420/* 50010 58% 62.5% 62.5% 62.5% 62.50/a 2013 12% 19% 26% 340/a 42% 500/6 58% 62.5% 62.5% 62.5% 2414 6% 12% 19%6 26% 349/o 42% 1 SO% 58% 62.5% 62.50/o D. In -Progress Improvements. If prior to January 1, 2015, the COMPANY has In -Progress Improvements, the COMPANY may, at its option, choose to have the in lieu of tax payment for said In -Progress Improvements phased in as shown in Section 3.01 C above, or as in Section 3.01 E below. No later than January 1, 2015, COMPANY shall elect an option and must present the City with documentation of government permit or proof of Commencement of Construction. E. New Improvements. With respect to any New Improvements,, the in lieu of tax payment shall be phased in as follows: for the first four years after the New Improvement is Placed in Use, the COMPANY shall pay no in lieu of tax payment to the City for said New Improvement. Commencing with the fifth calendar year after the New Improvement is Placed in Use, the in lieu of tax payment shall be equal to sixty two and one half percent (62.5%). The first year of use for purposes of this New Improvements payment shall be deemed to begin on tete first day of January following the date when the New Improvements are Placed in Use. F. With respect to any new land acquired by the COMPANY located within an Industrial District, the use of which relates directly to the primary use of the parent tract, the new land shall be included in the COMPANY'S land known as the Land, and shall be considered in calculating the in lieu of tax payment on the Land as of January 1 of the fust year following the date which the new land is acquired by the COMPANY. Within ninety (90) days after the acquisition of new land by the COMPANY, the COMPANY shall provide the CITY with a revised Exhibit A that includes a complete listing by NCAD Geographic ID number of the newly acquired land G. With respect to any new land acquired by the COMPANY after January 1, 2015, located within the Extra Territorial Jurisdiction of the CITY, the use of which does not relate to the primary use of the parent tract, the COMPANY shall report such purchase to the CITY and the CITY shall determine whether an Industrial District Agreement is desired for such newly acquired land. Section 3.02 Company Schedule of Value. On or before August 31 of each year of this Agreement, or upon final determination of Market Values by NCAD, whichever is later, the COMPANY shall provide to the CITY an itemized Schedule of Value by swum affidavit, on the form attached hereto as Exhibit B, listing all NCAD Geographic ID numbers and the values related thereto, and showing all Land and Improvements, owned or controlled by the COMPANY including and identifying the property to be valued as part of this Agreement (the "Schedule'). The Schedule shall also list the year any Improvements were Placed in Use. The COMPANY has no objection to the CrN'S review of all forms, information, and documents provided by the COMPANY to NCAD and, in the event of appeal, the Appraisal Review Board. Failure to provide the Schedule to the CITY shall constitute a breach of this Agreement. Section 3.03 Determloaden of Value. In determining the COMPANY'S annual in lieu of tax payment required under this Agreement, the calculation shall be made utilizing the Marled Value of all Land and Improvements as determined by NCAD, or its successor, under provisions of the Texas Property Tax Code. The COMPANY shall timely provide information and reports required under this Agreement and under Texas law, rules and regulations to NCAD or its designee, so that the appraisal process can be completed in accordance with all applicable state laws. Segdou 3.04 Carnnax% Bmtest of Value or BUM If the COMPANY elects to protest the valuation set on any of its properties by NCAD for any year or years during the term hereof, it is agreed that nothing in this Agreement shall preclude the protest, and the COMPANY shall have the right to take all legal steps desired to reduce the same as if the property were looted within the CITY, except with regard to the exemptions in Section 3.06 below. The COMPANY shall notify the CITY of its appeal within 30 days after its protest of the valuation is submitted to NCAD. Notwithstanding any protest of valuation by the COMPANY or any non NCAD related billing dispute, the COMPANY agrees to pay to the CITY an initial in lien of tax payment, on or before the Due Date in Section 3.07 below, based on the amount billed by the CITY. When the valuation on said property or any billing dispute has been finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final settlement of the comiroversy, then within thirty (30) days thereafter, the COMPANY shall make to the CITY any additional payment due based on the final determination. If, as a result of final judgment of a court of competent jurisdiction, or as the result of other final settlement of the controversy, the amount of in lieu of tax payment due to the CrN is established to be an amount less than the amount of the initial in lieu of tax payment for that year paid by the COMPANY, the excess in lieu of tax payment, if any, collected by the CrN shall be returned to COMPANY within thirty (30) days after said final determination. Any non NCAD related billing disputes shall be resolved by the CITY within ninety (90) days from the date notice of the dispute is received by the CITY. Secdon 3.05 Flee Proteet%n. An additional amount for city fire protection equal to fifteen percent (15%) of the amount which would be payable on 100% of Market Value of Improvements located on the Land will be paid annually, provided, however, that if and as long as the COMPANY, as of January I of each year, is a member in good standing of the Refinery Terminal Fire Company, or its successor, or the COMPANY agrees to provide fire protection and emergency services either from a qualified external provider or by use of a qualified internal emergency response organization, it shall not be obligated to pay the additional amount provided by this Section 3.05. Minimum qualifications would include meeting certain standards as defined by applicable OSHA, state regulatory and NFPA Standards that apply to fire control, emergency management, disaster planning and rescue services as recognized by the Texas Industrial Fire Training Board, the State Fireman's and Fire Marshal's Association of Texas or equivalent. The COMPANY will provide equipment, training, and facilities necessary to safely handle all expected emergencies and properly protect the COMPANY and the community from the adverse effects of an industrial disaster, which obligation may be satisfied by the COMPANY being a member in good standing of the Refinery Terminal Fire Company, or its successor. (Calculation: Market Value of Improvements x 15% x City Tax Rate - Fire Protection Fee) Section 3.06 CtWadoa of AmEnt Due. The Cfl'Y shall mail an invoice to the COMPANY, which sets forth the amount of payment in lieu of tax owed to the City calculated in accordance with this Agreement Such invoice shall be postmarked at least thirty (30) days prior to the Due Date defined in Section 3.07 below, and shall be mailed to the address shown in Section 10.03 of this Agreement. The calculation shall be made without reference to the exemption for pollution control property in Section 11.3 1, Texas Property Tax Code, and Article VIII, Section 1-1, Texas Constitution, as same presently exist or may be hereafter amended, using the Market Value of pollution control equipment certified by NCAD. In addition, all the amounts shall be calculated without reference to any new tax exemption or any increase in an existing tax exemption enacted after January 1, 1995. Section. 3.07 Payment+ The COMPANY agrees to pay to the CITY on or before January 31 of the year following each year during the term hereof (the "Due Date'), all payments in lieu of tax provided for hereunder and invoiced by the CITY in accordance with Section 3.06 above, without discount for early payment. Tice present ratio of ad valorem tax assessment used by the CITY is one hundred percent (1001/4) of the Market Value of property. Any change in the ratio used by the CITY shall be reflected in any subsequent computations hereunder. This Agreement, and the method of determining and fixing the amount of in lieu of tax payments hereunder, shall be subject to all provisions of law relating to detemination of Market Value and taxation, including, but not limited to, laws relating to rendition, assessment, equalization and appeal. Any invoiced amounts that are not paid by the Due Date shall be considered delinqueat. Delinquent amounts shall be immediately subject to interest at twelve (12%) per annum, compounded monthly and the COMPANY shall reimburse the CITY for its costs of collections, including reasonable attorneys' fees. IIrt'. P r!r. I Section 4.01 Camnanv Fallnre to PayXomnanv $,reach. If the COMPANY fails to make a payment due to the C17Y hereunder or if the COMPANY fails to perform any other obligation incumbent upon the COMPANY to be performed hereunder, and if such default is not fully corrected within sixty (60) days after the CITY gives written notice of said default to the COMPANY (or, if within such 60 day period, the COMPANY has not demonstrated a satisfactory plan of compliance approved by the CITY (where compliance requires more than 60 days)), the City shall have the option to either (1) declare this Agreement terminated and immediately commence annexation proceedings and sue to recover all damages; (2) bill COMPANY and sue to recover 100% of all monies that the CITY would have received fiam the COMPANY if it had been within the CITY limits, which includes 1000/6 of all taxes, attorneys' fees and court costs; or (3) continue this Agreement for its term and collect the payments required hereunder. $calor 4 en. The CITY shall be entitled to and have a tax lien an the Land and Improvements which may, in the event of default in payment of any sum due hereunder that is not cured in accordance with Section 4.04 below, be enforced by CITY in the same manner as provided by law and for the collection of delinquent ad valorem taxes. Additionally, the CITY shall be entitled to and have a contractual lien on the Land and Improvements which may be foreclosed in the event of such uncured default (1) judioially or (2) extrajudicially in the some manner as a deed of trust under Texas Property Code, and for that purpose may appoint a trustee or trustees. Section 4.03 City Breach. If the CITY breaches this Agreement by annexing or attempting to pass an ordinance annexing any of the Land (except with reference to the agreed annexation corridor in Section 1.03), the COMPANY shall be entitled to enjoin the CITY firm the date of its breach for the balance of the term of this Agreement, from enforcing any aamexation ordinance adopted in violation of this Agreement and Gam taking any fwther action in violation of this Agmmement. If the COMPANY elects to pursue this remedy, then so long as the CITY specifically performs its obligations hereunder, under injunctive order or otherwise, the COMPANY shall continue to make the annual payments required by this Agreement. §Section 4.04 Kadce of Default. Notwithstanding anything to the contrary contained herein, in the event of any breach by the COMPANY of any of the terms or conditions of this Agreement, the CITY shall give the COMPANY written notice specifying the nature of the alleged default, and manner in which the alleged default may be satisfactorily cured. Thereafter, the COMPANY will be afforded sixty (60) days within which to cure the alleged default (or, if cure requires more than 60 days, the COMPANY shall have the right to demonstrate a satisfactory plan of cure approved by the CITY within such 60 days, which shall be deemed to be a cure so long as the COMPANY is diligently pursuing such plan). Section 4.05 Cttmnladve Remedies. The remedies provided herein are cumulative, none is in lieu of any other, and any one or mora or combination of the same is available. Each party, in addition to remedies expressly provided herein is entitled to any and all other remedies available at law or in equity. Section 4.06 No Waiver of ]Rights and Remedies. It is expressly understood that if at any time the COMPANY is in default in any provision of this Agreement, the failure on the part of the CITY to promptly avail itself of the rights and remedies that the CITY may have, will not be considered a waiver on the part of the CITY; provided that if the CITY within ten (10) years from the date of any default by the COMPANY, does not avail itself of the rights or remedies or elect to terminate this Agreement on account of such default, then such default is deemed waived Further, is expressly understood that if at any time the CITY is in default in any provision of this Agreement, the failure on the part of the COMPANY to promptly avail itself of the rights and remedies that the COMPANY may have, will not be considered a waiver on the part of the COMPANY; provided that if the COMPANY within ten (10) years from the date of any default by the CITY, does not avail itself of the rights or remedies or elect to terminate this Agreement on account of such default, then such default is deemed waived. Section 4.07 Limitation of LiabWty. To the fullest extent permitted by law, and not withstanding any other provision of this Agreement, in no event will either party be liable to the other party hereunder for punitive, exemplary, or indirect damages, lost profits or business interruptions damages; provided however, this limitation in not meant to limit the CITY'S rights under this Agreement to collect from the COMPANY any unpaid in lieu of tax payments, late penalties and interest associated therewith, and any costs of collection including but not limited to attorney fres. Article S Seen 5.01 Descriotlan of Property. The COMPANY agrees to provide the CITY with a listing of Geographic ID numbers, as available from NCAD or its successor, to be attached hereto and incorporated herein as Exhibit A. With respect to COMPANY'S acquisition of new land, as described in Section 3.01 F, which becomes included in the Land, COMPANY agrees to provide to CITY a listing of Geographic ID numbers as available from NCAA or its successor. Article 6 Secftn 6.01 Annexation By Another Entity. If any attempt to annex any of the Land owned, used, occupied, leased, rented or possessed by COMPANY, is made by another municipality, or if the incorporation of any new municipality should attempt to include within its limits the Land or property, the CITY shall seek a temporary and permanent injunction against the annexation or incorporation, with the cooperation of the COMPANY, and shall take any other legal action necessary or advisable under the circumstances. The cost of the legal action shall be borne equally by the parties hereto; provided, however, the fees of any special legal counsel shall be paid by the party retaining same. SRWqn ¢,Q2 Tgrminadon. If the CITY and the COMPANY are unsuccessful in obtaining a temporary injunction enjoining the attempted annexation or incorporation described in Section 6.01 above, the COMPANY shall have the option of (1) terminating this Agreement, effective as of the date of the annexation or incorporation, or (2) continuing to make the In lieu of tax payment required hereunder. This option shall be exercised within thirty (30) days after the application for the temporary injunction is denied. If the COMPANY elects to continue the in lieu of tax payment, the CITY shall place btum payments hereunder together with part of the payment for the calendar year in which the annexation or incorporation is attempted, prorated to the date the temporary ityunction or relief is denied, in a separate interest-bearing escrow account which shall be held by CITY subject to the following: A. If final judgment (after all appellate review, if any, has been exhausted) is entered denying a permanent injunction and/or upholding the annexation or incorporation, then all these payments and accrued interest thereon shall be reftded to the COMPANY; or B. If final judgment (after all appellate review, if any, has been exhausted) is entered granting a permanent injunction and/or invalidating the annexation or incorporation, then all the payments and accrued interest thereon shall be retained for use by the CITY. Article 7 Section 7.01 Sale or Lease. Whenever the COMPANY sells all or a portion of the Land or Improvements to any entity that is not an affiliate of the Company, unless such affiliate will be responsible for payment hereunder, the COMPANY shall within ninety (90) days give notice to the CITY of said sale, and this Agreement shall continue in effect as to all Land and Improvements sold. If COMPANY sells only a portion of the Land or Improvements, the COMPANY shall flunish to the CITY a revised Exhibit A effective for the calendar year next following the calendar year in which the conveyance occurred. If the COMPANY leases all or a portion of the Land or Improvements to an entity that will be responsible for payment hereunder, the COMPANY shall within ninety (90) days give notice to the CITY of said lease, and this Agent shall continue in effect as to all Land and Improvements leased. Section 7.02 Company's Responsibillty for Payment. The COMPANY as seller or lessor in a transaction pursuant to Section 7.01 above, shall remain solely responsible for any payment in Ilea of tax attributable to the Land or Improvements sold or leased unless the COMPANY has entered into an assignment and assumption agreement with the buyer or lessee of such Land or Improvements, which shall be consented to by the CrTY, in which the buyer or lessee assumes all responsibilities and obligations under this Agreement as to the purchased or leased Land and/or Improvements. Section 7.03 Assignment. This Agreement may be assigned by the COMPANY. If this Agreement is assigned, the COMPANY shall notify the CrN of such assignment within thirty (30) days. Article 8 Section 8.01 Inaremeat. This Agreement shall inure to the benefit of and be binding upon the CITY and the COMPANY, and shall inure to the benefit of and be binding upon the COMPANY'S successors, and assigns, affiliates and subsidiaries, and, subject to Section 7.02, shall amain in force whether the COMPANY sells, assigns, or in any other manner disposes of, either voluntarily or by operations of law, all or any part of the Land, and the agreements herein contained shall be held to be covenants running with the Land for so long as this Agreement or any extension thereof remains in force. The word "atiiliatW as used herein shall mean: (1) all companies with respect to which the COMPANY directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise control over fifty percent (50%) or more of the stock having the right to vote for the election of directors; or (2) all corporations (or other entities) controlled by or under common control with the Company as contemplated by Section 1239(c) of the Internal Revenue Code of 1954, as amended Article 9 Section 9.01 Buy Local. COMPANY shall use reasonable efforts to acquire all of its procurements, including, but not limited to, supplies, materials, equipment, service contracts, construction contracts, and professional services contracts from businesses located within Nueces and San Patricio Counties, unless such procurements are not reasonably and competitively available within said anis. COMPANY shall not be required to maintain records regarding this requirement other than those normally kept in its usual course of business. Section 9.02 Water Procurement. COMPANY acknowledges that the CITY provides a regional water system that is critical to the well-being and economic growth of the entire arse and that it is important for each customer to continue to use the system as its principal source of water. COMPANY agrees to provide six months written notice of any intent or action to obtain more than ten petrent (10%) of its total water needs from any source other than the CITY. Article 10 Section 10.01 Severability. In the event any word, phrase, clause, sentence, paragraph, section, article or other part of this Agreement or the application thereof to any person, firm, corporation or circumstances shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of the word, phrase, clause, sentence, paragraph, section, article or other part of this Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. Section IOM Entire AereemenL This Agreement constitutes the entire agreement of the patties and supersedes any and all prior understandings, or oral or written agreements, between the parties respecting such subject matter, except as otherwise provided in the instruments referenced herein. This Agreement may be amended only by written instrument signed by all of the parties hereto. Section 10,03_Nodees. Any notice to the COMPANY or the CITY concerning the matters to which this Agreement relates may be given in writing by registered or certified mail addressed to the COMPANY or the CITY at the appropriate respective addresses set forth below. The COMPANY must notify the CITY of any change of address in writing. Notices by a party to the other party hereto, shall be mailed or delivered as follows: To the City. Mr. Ronald L Olson City Manager Cityof Corpus Christi 1201 Leopard P.O. Box 9277 Corpus Christi, Texas 78469-9277 Phone: 3614$803220 Fax: 361480-3839 With copies to: City of Corpus Christi -City Secretary 1201 Leopard P.O. Box 9277 Corpus Cbdsd, Texas 78469-9277 Telephone: 361.880-3105 Fax: 361-880-3113 City ofCorpus Christi -City Attorney 1201 Leopard P.O. Box 9277 Corpus Christi, Texas 78469-9277 Telephone: 361-880-3361 Fax: 361-980-3239 If to Company. with copy to: Sermon 10.04 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. This Agreement is to be performed in Nueces County, Texas. Section 10.05 CQuntergarts. This Agreement maybe executed in multiple counterparts, each of which is deemed an original, and all of which taken together, shall constitute but one and the same instrument, which may be sufficiently evidenced by one counterpart Section 10.06 Authority. By acceptance of this Agreement andlor benefits conferred hereunder, each party represents and warrants to the other that its undersigned agents have complete and unrestricted authority to enter into this Agreement and to obligate and bind such party to all of the terms, covenants and conditions contained herein. Section 10.07 Most Favored Nations, If CITY enters into a new Industrial District Agreement, or a renewal of any Industrial District Agreement, with a landowner which contains in lieu of tax payment terms and provisions more favorable to the landowner than those in this Agreement, COMPANY and its assigns shall have the right to either terminate this Agreement, or amend this Agreement to contain the more favorable in lieu of tax payment terms and provisions. "Landowner" shall not include any tourist -related business or facilities under Section 42044, Texas Local Government Code. The foregoing does not preclude the CITY from entering into a onetime, economic development agreement with any new major employer within the City's non -industrial district ETJ, or with any conpnny proposing a major new investment within the City's non -industrial district ETJ, as part of the CITY'S economic development program. EDIT A Geographic ID Number Designated By Nueces County Appraisal Dishict EX I T B Schedule of Value ERBIBIT C City Ordinance Creating Industrial Districts CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 2016-112477 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. CITGO Refining and Chemicals Company, L.P. Corpus Christi, TX United States Date Filed: 09/15/2016 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 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. IDA 6B Industrial District Agreement 6B between City of Corpus Christi and CITGO Refining and Chemicals Company, L.P. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Elizondo, Larry Corpus Christi, TX United States X Shah, Yogesh Corpus Christi, TX United States X Ocanas, Elbert Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm er penalty of perjury, that the above disclosure is true and correct. JANJE GONIALEZ My Qommissjon 9wres duly 19. holy Vg-nature of authorized agent of contracting business entity Sworn to and subscribed before me, b the said ��41le __ _ `1 / rt ��f� -5e y ,this the day of d 20 to certify which, witness my hand and seal of office. G.�4c+. Si re o Pri ed name of officer administering oath Title of officer ministering oath Forms pr v ed by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 Disannexation & Expansion of Industrial District No. 1 Proposed Ordinance to Disannex Land and to Place the Land in Industrial District No. 1 City Council Meeting September 20, 2016 Aerial Overview -4t4, Awe, 4,444 „A , • ,-Wof6yel-'_* - • '1 MI • - . OVIND EXHIBIT A GOWN° DEVELOPMENT, LLC. CITGO 57.25 ACRE ARO 3.90 ACRE TRACT INUECES COUNTY TEXAS SHT 1 City Limit Boundaries Proposed Disannexation OCL 1 ICL ICL = Inside City Limits z) OCL = Outside City Limits — Disannexation Boundary Proposed Disannexation Area Including Street Right -of -Way / Tract A: 54 Acres Tract B: 4 Acres OCL TRACT MJECfl Mr to IN Mar rxarrro ..BRAY � KL 1';0007" OF ��"�'":'i��C'`'JC\X ti Y /X/!/). 'T7_` `�7 t N 3 New Industrial District No. 1 Boundaries INDUSTRIAL DISTRICT NO. 1 Rev O/24/20I6 CITY of CORPUS CHRISTI, TEXAS Deportment of Engineering Services Survey Division 0cten 9/$/204 Orann By: IOhxkw 0y: PmTncf: SHEET 1 OF 1 Kr\E prramAnR\S rveY1RR0/EOTS\NIOUSTRA[ OISTRbi MO 2\11W7 OF woosTRlµ OrSTROT TOMO t N 4 New Industrial District No. 1 Boundaries INDUSTRIAL DISTRICT NO, 1 Rawaed: B/24/20P6 Lr7� CITY ©f CORPUS CHRISTI TEXAS Deportment of Engineering Services Survey Division Dee: 4/8/10/3 Crtecked Byr Dram By: Pr,*Cf: S.CE7 r OF 2 .C1F/gineeke4\5Yrwy1P ECTS k S t 6C ICS 1 MO 2114N115 OF NOISIFMI. PS]RCT LONG t N 5 Questions? SC o� Va. AGENDA MEMORANDUM con First EQ First Reading Ordinance for the City Council Meeting of September 20, 2016 1 08 1 Second Reading Ordinance for the City Council Meeting of September 27, 2016 DATE: August 12, 2016 TO: Margie C. Rose, City Manager FROM: Alyssa M. Barrera, Business Liaison AlyssaB(a-)-cctexas.com (361) 826-3356 Approval of Second Amendment to the TIRZ #3 Project & Financing Plan CAPTION: Ordinance approving the Second Amendment to the Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan approved by the Board Of Directors Of Reinvestment Zone Number Three, Corpus Christi, Texas on August 23, 2016. PURPOSE: The purpose of this item is to update the Amended Project & Financing Plan for Tax Increment Reinvestment Zone #3 (TIRZ #3) . BACKGROUND AND FINDINGS: In 2008, the City of Corpus Christi created TIRZ #3 in the City's Downtown, adopting a draft Project & Financing Plan. The Project & Financing Plan is required by Texas Tax Code Chapter 311, must include all activities of a Tax Increment Reinvestment Zone and must be adopted by the municipality by ordinance after adoption by the board. In 2015, the TIRZ #3 Board and City Council approved an Amended Project & Financing Plan, which created programs and initiatives to facilitated type of development needed in the downtown. Staff proposes a Second Amendment to the Project & Financing Plan in order to: • Expand programming and services from the Downtown Management District; • Refine the Incentive Programs; • Enable funds to be expended for public, cultural and/or historic properties within the Zone; • Update Del Mar College's Participation; and • Update Project Plan Budget for FY 2017. This Second Amendment was approved by the TIRZ #3 Board on August 23, 2016. ALTERNATIVES: City Council may chose not to adopt the Second Amendment to the Project Plan. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Conforms with the Tax Code and City Charter. EMERGENCY / NON -EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Not Applicable FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE RECOMMENDATION: Staff recommends approving the Project and Financing Plan. LIST OF SUPPORTING DOCUMENTS: Ordinance — Second Amendment to TIRZ #3 Amended Project & Financing Plan Second Amendment to TIRZ #3 Amended Project & Financing Plan (Track Changes Version) TIRZ #3 Board Resolution — Second Amendment to TIRZ #3 Amended Project & Financing Plan ORDINANCE APPROVING THE SECOND AMENDMENT TO THE TAX INCREMENT REINVESTMENT ZONE #3 AMENDED PROJECT & FINANCING PLAN APPROVED BY THE BOARD OF DIRECTORS OF REINVESTMENT ZONE NUMBER THREE, CORPUS CHRISTI, TEXAS ON AUGUST 23, 2016. WHEREAS, in 2008, through Ordinance 027996, the City of Corpus Christi created a tax increment financing district, to be known as "Reinvestment Zone Number Three, Corpus Christi, Texas," over a portion of the city that includes the City's downtown area; WHEREAS, Ordinance 027996 included a preliminary reinvestment zone financing plan; WHEREAS, on August 25, 2015, the City Council passed Ordinance 030592, which approved the "Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan"; WHEREAS, on August 23, 2016, the Board of Directors of Reinvestment Zone Number Three passed a resolution approving a second amendment to Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan; WHEREAS, Texas Tax Code Section 311.011(d) provides that the governing body of the municipality that designated the zone must approve a project plan or reinvestment zone financing plan after its adoption by the board and the approval must be by ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves the Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan ("the Plan") for the Reinvestment Zone Number Three, Corpus Christi, Texas, as amended and approved by the Board of Directors of Reinvestment Zone Number Three by resolution on August 23, 2016. A copy of the Plan is attached hereto and incorporated as "Exhibit A." 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 Michael Hunter Chad Magill Colleen McIntyre Lucy Rubio Mark Scott Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre PASSED AND APPROVED, this the ATTEST: Rebecca Huerta City Secretary Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn th day of , Nelda Martinez Mayor City of Corpus Christi / Corpus Christi Downtown Management District Tax Increment Reinvestment Zone #3 Amended Project &Financing Plan Introduction Tax Increment Financing is an economic development tool authorized by Chapter 311 of the Texas Tax Code, through which governments can designate a portion of tax increment to finance improvements to promote development of a defined area, called a "Reinvestment Zone." The defined area must meet one of the five criteria outlined in Chapter 311. In 2008, through Ordinance 027996, the City of Corpus Christi created Tax Increment Reinvestment Zone #3 ("TIRZ #3" or "the Zone"), over a portion of the city that includes the city's Downtown area. There have been three amendments to the ordinance; expansion of boundaries (April 2009), correction of termination date (March 2012) and correction of board composition (August 2014). A change in the economic climate immediately after the creation of TIRZ #3 hindered the performance of the fund and prevented any investment from occurring. Throughout this time, there has not been an update to the Preliminary Project & Financing Plan in the 2008 Ordinance. This document, the 2015 Amended Project & Financing Plan, is intended to replace the previous Project & Financing Plan and any future amendments will modify this version. This 2015 Amended Project & Financing Plan is based on research conducted for the Downtown Area Development Plan (DADP), currently underway. Upon completion of the DADP, there will be an amendment to refine aspects of the 2015Amended Project& Financing Plan. TIRZ #3 consists of a Board of Directors and is supported by the City Manager's designee, currently the City's Business Liaison, and the Executive Director of the Corpus Christi Downtown Management District (DMD). Second Amendment — To continue and enhance the Zone's efforts, this Amendment provides for programming and services from the DMD; refines some of the Incentive Programs; and provides the ability for TIRZ funds to be expended for public, cultural and/or historic properties within the Zone. Updates also include the commitment from Del Mar Colleee's extended participation to the end of the Zone. Note: Schedule of Project Expenditures (Pape 7) updated os Exhibit C — FY 2017 Project Plan Budget. Criteria for Zone Creation The 2008 Project Plan stated that the defined area of TIRZ #3 qualified for designation as a "Reinvestment Zone" because it suffered from "economic stagnation, inadequate infrastructure, and deteriorating properties. Without intervention by the public sector, private market forces will not be sufficient to generate significant development and redevelopment." Conditions listed that met the Criteria of Chapter 311, Section 005 included: • A substantial number of substandard, slum, deteriorated, or deteriorating structures; • The predominance of defective or inadequate sidewalk or street layout; • Unsanitary or unsafe conditions; • The deterioration of site or other improvements; and 11 Page City of Corpus Christi / Corpus Christi Downtown Management District • Conditions that endanger life or property by fire or other cause. According to Chapter 311, these conditions must "substantially arrest or impair the sound growth of the municipality or county creating the zone, retard the provision of housing accommodations, or constitute an economic or social liability and be a menace to the public health, safety, morals, or welfare in its present condition and use." Conditions in 2008 met these requirements, as indicated by the Market and Economic Study undertaken at that time. While our community has benefitted from a boost in economic activity since 2008, the Downtown did not see the same level of development. This solidifies the 2008 position that conditions would not be overcome or corrected without significant intervention and assistance from the public sector. A Consistent Vision for Downtown For decades, efforts had been made to improve and revitalize Downtown Corpus Christi, with various levels of success. The 2006 Downtown Redevelopment Vision resulted in the creation of TIRZ #3, but a change in environment prevented immediate implementation. Other efforts have included: 2004 — Bayfront Master Plan 2006 — Downtown Redevelopment Report 2013 — Central Business Development Plan 2014 — RUDAT 2015 — Downtown Area Development Plan (Underway) The 2006 Redevelopment Report vision statement is consistent with the vision illustrated in the 2015 Downtown Area Development Plan, which is currently in draft form. "Downtown Corpus Christi is a safe, clean, pedestrian friendly community comprised of a central business district, arts and culture, sports and entertainment areas. This unique vibrant waterfront community will provide local residents, tourists and families' opportunities to enjoy fine restaurants, shops and residential facilities." Anticipated Zone Bole in Downtown Improvements The 2008 Market and Economic Study indicated the nature of the intervention and assistance needed to spur economic growth in different areas of the Zone. It stated that the "current structure of Corpus Christi's economy, the aging of existing development, and inadequate public infrastructure and facilities together depress the viability of new development and redevelopment in Downtown." The 2014 Analysis of Residential Market Potential repeated those themes, with extra emphasis on residential development and introduction of the concept of gap financing. Additionally, the 2015 environment has the new dynamic of regional investment valued at tens of billions of dollars. The primary functions of TIRZ #3 will be • To Support Private Sector Development & Investment • To Plan & Construct Public Improvements • To Provide Revitalization Focused Programs & Services The Zone is expected to be one of a variety of planned funding sources and programs that will be acting in concert to accomplish a changed public environment in Downtown. By improving and enhancing streets, sidewalks, and public spaces, plus upgrading utilities, the zone and the other programs will 21 Page City of Corpus Christi / Corpus Christi Downtown Management District encourage the development of new land uses and the redevelopment or rehabilitation of existing uses. The intended result is that Downtown will become a vibrant and economically vital urban waterfront district with a variety of residential, retail, and lodging uses, a strong office base, and popular public facilities. Project Plan Existing Uses and Conditions/Boundaries §311.01 (b) (1) The Zone includes approximately 856 acres wholly within the City of Corpus Christi. Its boundaries encompass nearly all of the Downtown area. A very wide variety of land uses are present within the TIRZ. The boundaries and land uses within the Zone are shown in Exhibit A. The existing conditions within the Zone are chawR described generally below. A legal description of the Zone with a specific accounting for the proposed boundaries is given in Exhibit B. In the 2015 DADP, the identities of neighborhoods in the Downtown were emphasized as way to build unifying identities and create distinct experiences. Each of those regions is described generally below. SEA District - A large area of publicly owned cultural and entertainment facilities comprises the north end of the zone. These facilities include: • Port of Corpus Christi's Ortiz Center • Harbor • Corpus Christi Museum of Science & History Playhouse • Art Museum of South Texas • Brewster • Whataburger Field Street Icehouse • American Bank Convention Center & Arena • Heritage Park — Restored Historic Homes, now used as Non -Profit Offices or Cultural Museums. Moving south, the next few blocks vary between vacant, undeveloped land and low density residential, bordered to the west by Port facilities and storage space, southeast by the Port of Corpus Christi Offices and the Federal Courthouse. The southern portion of the SEA District also includes two restaurants, a vacant hotel, U -Haul, Fire Station #1 and the historic Nueces County Courthouse. IH 37 is the physical southern border of this area, with the transition from a highway to on and off ramps coming to surface grade. Uptown — South of IH 37, a natural bluff distinguishes the high-rise, office building core of the Uptown. Broadway marks a topo-graphical change as the edge of a bluff, and the higher elevation area to the west of the street north of Lipan Street is characterized mainly by professional office uses, some in high-rise towers. TIRZ #3 picks up two blocks of Uptown, with Tancahua as the west border. Of Downtown's office properties, only the Frost Bank building is one of two Class "A" properties. Overall occupancy for the Downtown office market is around 80 percent. Outside of the Zone, Uptown continues to include major government anchors, including Corpus Christi Independent School District Offices, Nueces County Courthouse, a Regional Transportation Authority Service Center (URGIe. 68RStF 'Gti8R) and Corpus Christi City Hall. Marina Arts District (Downtown Management District) — The area east of Broadway is lower in elevation and features a walkable pedestrian grid with a mix of land uses, including hotels, office, residential and retail. The boundary of this neighborhood is based on the petition of property owners that created the Downtown Management District in 1993. This area is the historic center of Corpus Christi, 31 Page City of Corpus Christi / Corpus Christi Downtown Management District but many of the original buildings have been demolished, due to neglect or natural disasters. The last large wave of construction occurred in the 1980's. The most recent ;r v^;r large scale private investment is currently under construction, a $27 million residential property with ground floor retail, the Cosmopolitan. The area is interspersed with surface parking lots and vacant, blighted property. In several places, public spaces and sidewalks are in deteriorated condition. Another unique feature of this neighborhood is the Corpus Christi Municipal Marina, spanning three man- made T -heads along the Bayfront. The Marina is comprised of over 600 slips, several restaurants and the Corpus Christi Yacht Club, the third oldest yacht club in the Gulf Coast. Bayshore Park Neighborhood — At Kinney Street, the Zone gets divided by a redundancy of roadways and a few vacant parcels. This portion of the Zone includes the YMCA, a Greek Orthodox Church, Episcopal Church, Methodist Church and several parks. Additionally, there is a mix of early 20th century single family homes and multi -family residential developments. The multi -family developments are truly a diverse mix, including high rise and mid -rise, market rate and affordable, ownership and rental, constructed at all different times with various architectural styles. Many of the original homes, especially at the south end of the neighborhood, have been converted to professional office use. This neighborhood would lend itself to the revitalization seen in older neighborhoods across the country, however an absence of neighborhood support services prevents the unification necessary to create this self identity. A potentially defining feature of this neighborhood is the 34 acres of park land for which the City is currently undergoing a Design -Build process to complete a Bond 2008 project that relocated traffic lanes to unite a patchwork of public space. The southeastern corner of the zone includes the Emerald Beach hotel and Marina del Sol condominiums. This neighborhood abuts the Christus Spohn Shoreline hospital complex. Christus Spohn Shoreline is just outside TIRZ #3 Boundaries, but the system is planning a $325 million investment in the community in the coming years. Municipal Ordinances §311.011 (b) (2) The City may modify existing ordinances in order to make the area in and around TIRZ #3 more friendly to the types of residential and recreational activity desired. Some other policies that will be updated include building design, setbacks and streetscape requirements, in order to establish a built environment that supports the downtown character. City Planned Improvements (Non Project Costs) §311.011 (b) (3) The City of Corpus Christi has over $29 million in improvement projects currently funded and in some stage of planning or construction, independent from this TIRZ #3 Project Plan. The City will continue to use Bonds packages a major source of public improvement funding. Project Source Timeframe Cost Shoreline Realignment Bond 2008 Ongoing $13,000,000 SEA District Improvements Bond 2012 2015-2016 $500,000 Chaparral St. Phase II Bond 2014 2015-2016 $9,000,000 Water Street Improvements Bond 2014 2015-2016 $5,000,000 Streetscape Improvements Bond 2014 2015-2015 $1,500,000 Wayfinding Program HOT Funds 2015 $200,000 Total $29,200,000 41 Page City of Corpus Christi / Corpus Christi Downtown Management District Relocation §311.011 (b) (4) No relocation of existing residents is anticipated to be required as part of the Project Plan. Financing Plan Estimated Project Cost Description (§311.011 (c) (1) & Kind, Number and Location of TIRZ Improvements §311.001 (c) (2) TIRZ #3 is anticipated to participate in projects that support the development and economic activity projected in the DADP, especially when cost of development creates a gap due to utility or infrastructure conditions. The initial focus is on residential and mixed-use development. 1. Chaparral Street Property Improvement Grant Program — This three-year matching grant program will support and encourage private investment in the built environment along Chaparral Street for active businesses. Due to its "Main Street" characteristics and its function of connecting the Marina Arts District (Downtown Management District Boundary) and SEA District, Chaparral Street is a first phase priority for successful revitalization of the Zone. During FY 2016-2019, TIRZ #3 will make $200,000 available per year to match approved property improvements funded by the property owners. The Zone will consider from a 50/50, up to 30/70 match, depending on how the scope of the project meets the priorities of the Zone. Applications will be accepted until the allocation is exhausted for each fiscal year. 2. New Tenant Commercial Finish -Out Grant Program— In order to support mixed-use developments and the demand for more dining and entertainment venues in the Downtown, the Zone will reimburse approved leasable new tenant finish -outs at a maximum rate of $10 per square foot. First -floor, active street use projects will be a priority consideration. During FY 2016- 2019, $100,000 will be allocated annually. Qualified expenses include: floor and wall upgrades, HVAC, kitchen equipment, awnings and other permanent, semi-permanent fixtures. Grant is reimbursable to the Tenant, but written approval must come from Landlord in application. Applications will be accepted until the allocation is exhausted for each fiscal year. 3. Downtown Living Initiative —The Residential Demand Study conducted for the DADP stated that over the next 5 years, 1,850 new units could be absorbed in the greater downtown if the threshold made investment attractive. Apartment occupancy was 94.2% in the first Quarter of 2015 (industry considers 96% to be full occupancy). In order to stimulate development, for FY 2016-2019, the Zone will provide a $10,000 per unit reimbursement grant for multi -family developments of over 10 units that meet the required design criteria. Applications will be accepted until the allocation is exhausted for each fiscal year, and allocations may be split between years and committed in advance. 4. Project Specific Development Agreement — In situations where higher development costs create a financing gap, TIRZ #3 can provide assistance to property owners or developers through a Development Agreement for reimbursement of net new tax increment. A pro -forma is required to qualify for up to 75% reimbursement of the new taxes for 10 years if a development is 5,000 sq. ft or creating 25 or more new residential units. If further gap exists, staff will undertake additional third 51 Page City of Corpus Christi / Corpus Christi Downtown Management District party review to justify any additional reimbursement, based on the "but, for" principle. The qualifying cost elements for this Program include: • Environmental Remediation/Code Compliance • Historic Preservation • Structured Parking • Urban Design/Landscaping • Public Improvements/Utilities Further, Residential Developments over 100 Units may be considered as an individual cost element. S. Site Assembly & Development — In order to activate strategically located properties, TIRZ #3 may place properties under option and work towards developing proposals for development, then assist in acquisition and development of the properties. Additionally, the Zone may purchase properties outright for redevelopment and dispose of properties, if approved by the Board. Under this initiative, funding may also be expended for stabilization or redevelopment of public, cultural and/or historic properties. 6. Parking Study & Development— In key locations where parking is undersupplied or inadequately distributed, the Zone can assist in providing public parking facilities such as on -street spaces or off- street lots and structures. TIRZ #3 will contribute up to $100,000 for a study in FY 2016 in order to develop a strategic approach for parking in the Downtown. Additionally, the Zone may support any efforts City may undertake for appropriate parking management infrastructure such as meters, structured lots and occupancy monitoring systems. 7. Traffic Pattern Study & Streetscapes — TIRZ #3 may contribute to studies for traffic movement and improvements in roadway infrastructure (repaving, repair, widening, redesign), traffic management infrastructure (signals, signs), and beautification (landscaping in medians, special lighting, etc Y 2916,The Zone will contribute up to $150,000 for a traffic pattern study as the first phase of this initiative. Additionally, pedestrian accommodations and streetscapes will be a priority. 8. Other Programs & Initiatives — TIRZ #3 will develop other programs and initiatives that will be presented to the Board for approval, during the life of the Zone. In FY 2017, the following initiatives are being added: • Downtown Management District Bike Share Initiative • Downtown Management District Expanded Scope of Services. 9. Management & Professional Services- Zone funds will compensate for the costs of ongoing administration of the Zone, including but not limited to accounting, legal services, consulting services, document production and maintenance, and other administrative costs. These costs were originally estimated at $50,000 per year for the 20 -year life of the Zone, but to date the only dollars expended have been for state reporting requirements. Staff plans to strategically engage outside resources to evaluate revenue projections and continue to develop innovative, effective programs. 61 Page City of Corpus Christi / Corpus Christi Downtown Management District Economic Feasibility Study §311.011 (c) (3) The 2008 Market and Economic Feasibility Study for TIRZ #3 was completed by CDS Market Research I Spillette. In 2014 and 2015, Goody Clancy completed additional studies that reflect the more recent environment, and emphasize the importance of residential development in any revitalization. Those studies include: • Residential Market Potential (Zimmerman/Volk) —final • Retail Market Analysis & Strategy (Mike Berne) — draft • Hotel, Office, Retail (W-ZHA, Sarah Woodworth) — draft • Incentives & Development Economics (W-ZHA, Sarah Woodworth) — draft Estimate of Bonded Indebtedness §311.011 (c) (4) It was not anticipated that TIRZ would issue bonded debt, but would be funded on a pay-as-you-go basis. If the annual revenue and available non -bonded debt financing are insufficient to address the needs of TIRZ #3, we may issue bonded debt commensurate with the specific project costs under consideration and anticipated annual Zone revenues to support debt service payments. Timing of Incurring Costs or Monetary Obligation §311.011(c) (5) Costs will be incurred over the life of the Zone based on its Board of Directors' identification of priority activities and projects, opportunities for implementation, and available revenues to sustain a pay-as-you- go project expenditure approach. The following table summarizes proposed planned expenditures for TIRZ #3 until FY 2019. Another set of programs will be proposed in FY 2018, based on an assessment of needs at that time. Schedule of Project Expenditures FY FY 14-15 FY 15-16 FY 16-17 FY 17-18 FY 18-19 Year 2015 2016 2017 2018 2019 Beg. Bal $1,563,751 $2,333,342 $1,730,387 $1,540,935 $1,631,307 + New Increment' 794,591 997,045 1,160,548 1,440,372 1,615,149 1 Chaparral Street Grant ProgramZ 200,000 200,000 200,000 2 New Tenant Commercial Fin'sh Grant ProgramZ Out loo.o0o 10o.000 100,000 See Exhibit C for FY 2017 3 Downtown Living Initiative 00,000 4 Project Specific Developmen Agreement' Update of Project Budget TBD TBD 5 Site Assembly & Developme 6 Parking Study & Developme 7 Traffic Pattern Analysis & Streetscapes 150,000 8 Other Programs & Initiative 9 Management & Professional Services 25,000 50,000 50,000 50,000 50,000 Expenditure Totals 25,000 1,600,000 1,350,000 1,350,000 50,000 TIRZ Ending Balance 2,333,342 1,730,387 1,540,935 1,631,307 3,196,456 Notes: 1 Increment Projection developed by CCREDC, will be monitored closely to ensure program allocations 71 Page City of Corpus Christi / Corpus Christi Downtown Management District 2 Program allocations will be authorized each Fiscal Year. 3 Incentive available will be based on the amount of investment and increment generated by private sector. Method of Financing and Sources of Revenue §311.011(c) (6) Methods of Financing. TIRZ #3 will initially take a primarily pay-as-you-go approach to financing projects that could utilize the following methods: • Cash funds generated from existing property value increment, • Developer cash reimbursement agreements where the revenues from the Zone's property tax increment compensate a developer for fronting eligible expenditures in a specific taxable project. • If future Zone revenues to support debt service payments are anticipated, the Zone may also issue bonded debt, the term of which will not extend past the expected life of the Zone. Sources of Revenue. The primary source of revenue for TIRZ #3 will be funds from the contributed property tax collections of the City of Corpus Christi, Nueces County, and Del Mar College on the taxable property value increment within TIRZ #3. The City, County, and Del Mar Colley have agreed to participate in funding TIRZ #3 with 100% of the incremental property taxes collected over the life of the Zone. The assessed value base year for the City of Corpus Christi is 2009; the base year or Nueces County and Del Mar College is 2010. The 2015 adjusted projection of incremental property tax revenue contributed to the Zone is as follows: These estimates will continue to be monitored and adjusted quarterly. .5 35,963,109 81 Page Sources of Revenue Year Increment Value Tax Revenue City County Del Mar City County Del Mar TOTAL FY 10 $ 8,655,793 $ 50,400 $ - $ - $ 50,400 FY 11 21,931,954 4,698,427 4,674,139 127,703 16,488 12,059 156,251 FY 12 22,782,697 15,449,665 15,290,811 129,988 54,227 39,451 223,666 FY 13 43,910,295 38,988,148 38,041,488 250,533 136,845 98,148 485,526 FY 14 57,920,528 52,767,539 51,604,697 338,988 179,932 129,355 648,275 FY 15 71,728,002 65,346,609 63,906,562 419,798 21L),- ,: 158,535 794,591 FY 16 90,003,549 81,996,244 80,189,287 526,758 271,358 198,928 997,045 FY 17 104,763,037 95,442,631 93,339,356 613,140 315,858 231,550 1,160,548 FY 18 130,022,872 118,455,186 115,844,781 760,977 392,01E 287,380 1,440,372 FY 19 145,800,015 132,828,691 129,901,537 853,315 439,583 322,251 1,615,149 FY 20 173,112,004 157,710,826 154,235,343 1,013,162 521,928 382,616 1,917,707 FY 21 189,976,968 173,075,373 169,261,300 1,111,867 572,776 419,892 2,104,534 FY 22 207,413,655 188,960,778 184,796,638 1,213,917 625,347 458,431 2,297,695 FY 23 225,441,446 205,384,699 200,858,623 1,319,428 679,700 498,276 2,497,404 FY 24 244,080,379 222,365,390 217,465,110 1,428,515 735,896 539,472 2,703,883 FY 25 263,351,172 239,921,727 234,634,557 1,541,300 793,997 582,065 2,917,362 FY 26 283,275,244 258,073,223 252,386,047 1,657,908 854,068 626,102 3,138,077 FY 27 303,874,743 276,840,056 270,739,314 1,778,469 916,174 671,631 3,366,275 FY 28 325,172,564 296,243,083 289,714,756 1,903,118 980,387 718,704 3,602,209 FY 29 1 47,192,382 1 316,303,874 309,333,466 2,031,992 1 1,046,776 1 767,373 1 3,846,141 These estimates will continue to be monitored and adjusted quarterly. .5 35,963,109 81 Page City of Corpus Christi / Corpus Christi Downtown Management District Current Appraised Value & Estimated Captured Appraised Value §311.011(c)(7), (8) According to the Nueces County Appraisal District, the 2009 certified taxable appraised value for the Zone is $310,019,372. The table above projects taxable value increment captured by the Zone over the remainder of its duration, if all taxing entities continue participation. Due to differences in policies regarding exemptions and tax abatements, the captured increment differs among the three jurisdictions. Captured value projections assume a 3.39% annual value appreciation rate for existing development, based on estimates by economist Dr. Ray Perryman and do not take into account future investments. Duration of the Zone §311.011(c)(9) TIRZ #3 will exist until 2028, however, the Board, City and other taxing entities may agree to extend the Zone. 91 Page City of Corpus Christi / Corpus Christi Downtown Management District List of Exhibits Exhibit A TIRZ #3 Boundaries and Land Uses Exhibit B Legal Description Exhibit C FY 2017 Project Plan Budget 10 1 Page City of Corpus Christi / Corpus Christi Downtown Management District Exhibit A— Boundaries & Land Use 1 H fY ' • TIRZ Boundary D • SEA District • Uptown • Marina Arts District (DMD) • Bayshore Park (� T`Vfllli J MNEV+tL ' ® m AR UN® Tax Increment Finance District #3 •wrong ®AOP�M mr 4. nr.rnw�f ,6 AmW,hs cp � ngI�MM MdFry �._ F' .Wlw By. MBS wincing oaf.: Tn."X., ()=W 16, 2007 9:14:47 AM ".ffl ! S.— crly N Corpus Chas@ - Cewekpm.nl Se cuvor COT -PUN Chrm 111 Page City of Corpus Christi / Corpus Christi Downtown Management District Exhibit B - Legal Description of the Zone BEGINNING AT A POINT on the center line of the Corpus Christi Ship Channel and commonly known as the Corpus Christi — Port Aransas Waterway at its intersection with the northerly extension of the West right-of-way line of Sam Rankin Street; Thence Easterly along the centerline of the Corpus Christi — Port Aransas Waterway to its intersection with the northerly extension of a line parallel with the breakwater 50' feet on the east side for a point in the Corpus Christi Bay and the Northeast corner; Thence Southerly along said line, being 50 feet on the East side and parallel with the breakwater, following the meanders of the breakwater in the Corpus Christi Bay to its intersection with an "A-2" zoning line approximately 1,000 feet from the shoreline and parallel with the East right-of-way line of Shoreline Boulevard for a point in the Corpus Christi Bay; Thence Southwesterly along said "A-2" zoning line extending parallel and approximately 1,040 feet from the East right-of-way line of South Shoreline Boulevard to its intersection with a second "A-2" zoning line extending parallel and approximately 1,000 feet from an existing 18 foot seawall easement, inside the Marina Del Sol Boat Harbor, for a point in the Corpus Christi Bay; Thence Southeasterly along said line 200 feet more or less past its intersection with the easterly extension of the south most boundary of Lot 3, Block 1 of Marina Del Sol Subdivision for a point in the Corpus Christi Bay and the Southeast corner; Thence Southwest along a line 200 feet more or less to the South and parallel with the extension of the south boundary of Lot 3, Block 1 of Marina Del Sol Subdivision to the Corpus Christi Bay Shoreline; Thence Northwest along the Corpus Christi Bay Shoreline to its intersection with the extension of the South most boundary of Lot 3, Block 1 of Marina Del Sol Subdivision; Thence Southwest along the South boundary of Lot 3, Block 1 of Marina Del Sol Subdivision, 540 feet more or less to the centerline of Ocean Drive for a point; Thence Northwest along the centerline of Ocean Drive to its intersection with the centerline of Morgan Avenue; Thence Southwest along the centerline of Morgan Avenue, to a point in the center line of Santa Fe Street for the Southwest corner; Thence Northwest along the centerline of Santa Fe Street to its intersection with the centerline of Hancock Street; Thence Southeast along the centerline of Hancock Street to its intersection with the centerline of South Tancahua Street:; Thence Northerly along the centerline of South Tancahua Street, passing Furman, Coleman, Park, Agnes, and Laredo Street, to a point in the centerline where South Tancahua becomes North Tancahua, and continuing along North Tancahua, passing Kinney, Blucher, Comanche, Lipan, Leopard, Antelope and Buffalo Street and continuing past IH 37 to its intersection with the centerline of the existing northwest frontage road of I.H. 37, for a point; Thence Northeast along the centerline of said existing northwest frontage road of I.H. 37 to its intersection with the South right-of-way line of West Broadway Street for a point; Thence along the South right-of-way line of West Broadway Street to its intersection with the westerly extension of the South right-of-way line of Concrete Street for a point; Thence Northeasterly along the South right-of-way line of Concrete Street extended, to its intersection with the north right-of- way line of West Broadway Street, for a point; Thence Northwesterly along the North right-of-way line of West Broadway Street to the Southeast property line of the City of Corpus Christi's Broadway Wastewater Treatment Plant; Thence Northeasterly along the City of Corpus Christi's Broadway Wastewater Treatment Plant Southeast property line to its intersection with the common South boundary line of Lots 1, Block 58 of the Beach Addition; Thence West along the South boundary line of Lot 1, Block 58 out of the Beach Addition, to its Southwest corner for a point; 12 1 Page City of Corpus Christi / Corpus Christi Downtown Management District Thence Northwest along the common, West boundary line of Lots 1 thru 6, Block 58, of the Beach Addition, to its intersection with the South right-of-way line of Resaca Street; Thence Northeast along the South right-of-way line of Resaca Street to its intersection with the centerline of Tancahua Street, for a point; Thence Northwest along the centerline of Tancahua Street to its intersection with the centerline of Port Avenue, for a point; Thence Southwest along the centerline of Port Avenue, to its intersection with the West right-of-way line of Sam Rankin Street for an outside corner; Thence Northerly along the West right-of-way line of Sam Rankin Street and its extension to its intersection with the centerline of the Corpus Christi — Port Aransas Waterway center line in the Corpus Christi Ship Channel to the POINT OF BEGINNING. Excluded properties to meet state statute prohibiting Tax Increment Financing Districts from containing 10% or more of the area used for residential purposes: Beach Addition Block 55 Lots 10 thru 12 131 Page City of Corpus Christi / Corpus Christi Downtown Management District Exhibit C Tax Increment Reinvestment Zone #3 Proposed Budget FY 2017 Year FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 Budget Actual Budget Estimated Proposed Future Future Beg. Bal $ 1,563,751 $ 1,553,751 $ 1,297,833 $ 2,253,569 $ 2,934612 S 2,253,464 5 1,508,279 + Increment Revenue $ 734,082 $ 691,162 $ 994,117 $ 865,843 $ 1,127,852 S 1,409,815 $ 1,752,269 1 Chaparral St. Grant Program $ - $ - $ 200,000 $ 72,800 $ 200,000 $ 200,000 $ - 2 New Tema Int Commercial Finish Out Grant Pr $ - $ $ 100,000 $ - $ 104000 $ 100,000 $ 3 Downtown Living Initiative $ - $ - $ 1,000000 $ - $ 9105,000 $ 910,000 $ - 4Project Specific Development Agreement $ - $ - $ - $ - $ - $ - $ - 5 Site Assembly & Development $ - $ - $ - $ - $ - $ - $ - 6 Parking Study & Development $ S $ 100,000 $ 100,000 $ 50,000 $ $ 7 Traffic Pattern Analysis & Streetscapes $ $ $ 150,000 $ - $ 1501000 $ 500,000 $ 1,000,000 8 Other Programs & Initiatives $ - $ - $ - $ 350,.000 $ 395,000 $ 410,000 9 Management & Professional Services $ - $ 1,344 $ 50,000 $ 16,000 $ 50,000 $ 50,000 $ 56,000 TOTAL EXPENDITURES $ $ 1,344 $ 5,604000 $ 188,800 $ 1,8015,000 $ 2,155,000 $ 1,470,000 End Bal $ 2,297,833 $ 2,253,569 $ 1,691,950 $ 2,930,612 $ 2,253,464 $ 1,508,279 $ 1,800,548 1 Ending FY 2016 Increment is not final. 2 Other Programs & lnitiatives are DMD Requests for funding in FY 17. Project Plan will need to be updated to reflect changes.. 14 1 Page ,muS ct,� GO H v AGENDA MEMORANDUM /rygoHPNNSEO First Reading Item for the City Council Meeting of September 20, 2016 1852 Second Reading Item for the City Council Meeting of October 18, 2016 DATE: September 8, 2016 TO: Margie C. Rose, City Manager FROM: Stacie Talbert Anaya, Interim Director, Parks and Recreation Department StacieT�cctexas.com 361-826-3460 Regional Youth Sport Complex Agreement CAPTION: Ordinance authorizing the City Manager to execute forty -year lease agreement with SQH Sports & Entertainment, Inc. For lease of approximately 68 acres located near intersection of state highway 286 and FM 43 for construction and operation of a regional youth sports complex, including right of first refusal on adjacent 30 acre tract; and providing for publication. PURPOSE: Approve a lease agreement with SQH Sports and Entertainment, Inc. for the construction and operation of regional youth sports complex. BACKGROUND AND FINDINGS: The Parks & Recreation Department has been working with SQH Sports and Entertainment, Inc. since January 2015 to finalize a lease agreement for the construction and operation of a regional youth sports complex on approximately 68 acres of city property located near the JC Elliot Landfill on Highway 286. This complex will focus on hosting national and regional youth sports tournaments providing support to the local tourism and economic development industries. The proposed agreement features the following points: • Initial term — 40 years with four 5 -year option periods • SQH is fully responsible for the design, construction and operation of complex • Rent - $1 per year; City can utilize the complex for city coordinated events one weekday and one weekend each year. Acreage — 67.69 acres with an option for additional 30.22 for the development of wetlands, retention pond development Complex includes — 0 6 outdoor rectangular fields 0 8 diamond fields o Field house with 6 basketball courts or 12 volleyball courts 0 10 sand volleyball courts o Playground o Outdoor concession facility 0 5,000 square foot restaurant. The agreement includes performance milestones and timelines for SQH to meet during the course of development of the property. These milestones must be met within the stated timeframe after the effective date of the agreement: • 6 months — adjacent property must be conveyed to SQH and a utilities plan for the entire development must be coordinated • 9 months — funding for construction must be secured • 13 months —final design and construction documents complete • 14 months — begin construction • 27 months — construction of complex substantially complete • 29 months — begin operations of major components of complex. This type of agreement requires 28 days between first and second readings. In addition, the effective date of the agreement is 61 days after the second reading. The Parks and Recreation Department will be responsible for overseeing the contract and working with SQH throughout the term of the lease: ALTERNATIVES: Do not approve the lease and explore alternative uses for the property OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The City Council must approve all leases of city property. Lease requires a 28 -day delay between readings. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating Revenue ❑ Capital X Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount This item BALANCE Fund(s): N/A Comments: RECOMMENDATION: Approve the lease agreement LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Lease Agreement Page 1 of 1 ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE FORTY -YEAR LEASE AGREEMENT WITH SQH SPORTS & ENTERTAINMENT, INC. FOR LEASE OF APPROXIMATELY 68 ACRES LOCATED NEAR INTERSECTION OF STATE HIGHWAY 286 AND FM 43 FOR CONSTRUCTION AND OPERATION OF A REGIONAL YOUTH SPORTS COMPLEX, INCLUDING RIGHT OF FIRST REFUSAL ON ADJACENT 30 ACRE TRACT; AND PROVIDING FOR PUBLICATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS THAT SECTION 1. The City Manager or her designee is authorized to execute a Lease Agreement with SQH Sports & Entertainment, Inc. for lease of 40 years with up to 5 additional five-year extensions of approximately 68 acres located near intersection of State Highway 286 and FM 43 for construction and operation of a regional youth sport complex, including option to lease adjacent 30 acres. A copy of the lease is on file with the City Secretary. SECTION 2. Publication shall be made as required by the City Charter. 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 PLAYGROUND 1 1 MILE WALKING PATH J e AOMIN, MERCK ®IFITrl II IIIIIIIIIIII I,llflll�dsss 2.� ;,� Ipfyqll!{IIIII.�I1I1II¢IIIINIIIIIIIIIIIIIIIIIlIII 11,1 �elP1"° 9� Il llllllllllltllllllll `I It1111171� C11IIIt4111111IIllllllflllllllllll1111111111(j „r„n PRELIMINARY SITE PLAN ® 21,10 © Copy Right. All rights reserved. SQH Sports & Entertainment, Inc. and PMG Retail & Entertainment, Inc. 2016 Regional Youth Sports Complex CORPUS CHRISTI PAR S& neCR ATION City Council Presentation September 20, 2016 Contract Negotiations CORPUS CHRISTI PARKS& a•Cf•ATION • Term: 40 years • Four, 5 -year option periods • Rent: $1 • City has exclusive access to facility • one weekday and one weekend day each year • Access: SQH must maintain City access to the rear of the property • Acreage: 67.69 • option to consider additional 30.22 for wetlands; retention ponds development Contract Negotiations CORPUS CHRISTI PARKS& a•Cf•ATION • Complex includes: • 6 outdoor rectangular fields • 8 diamond fields • 60,000 square foot field house • 6 basketball courts or • 12 volleyball courts • Concession stand • Meeting and party rooms • 10 sand volleyball courts • Playground • Outdoor concession facility • 5,000 square foot restaurant • All ADA accessible 5 Il‘frit'"v)' - Contract Negotiations CORPUS CHRISTI PARKS& a•Cf•ATION • Performance Milestones by: • 6 months — adjacent property must be conveyed to SQH • 9 months — funding for construction must be secured • 13 months — final design and construction documents complete • 14 months — begin construction • 27 months — construction of complex substantially complete • 29 months — begin operations of major components of complex • Utilities: • SQH responsible for connection and payment for usage • Waste Water • Master Plan • Self annexation or private facility • Within six months Ground Lease Between CITY OF CORPUS CHRISTI, a home rule city and SQH SPORTS & ENTERTAINMENT, INC., a Texas corporation Dated: /? ���6---��2016 TABLE OF CONTENTS Page ARTICLE 1: DEMISE OF PREMISES AND INTENDED USE...................................................1 ARTICLE2: DEFINITIONS..........................................................................................................1 2.1. Effective Date.................................................................................................................. 2 ARTICLE 3: TERM, OPTION TERM...........................................................................................3 ARTICLE 4: PERMITTED USE.....................................................................................................3 ARTICLE 5 UTILITIES & TAXES................................................................................................3 5.1 Utilities.......................................................................................................................................3 5.2 Real and Personal Property Taxes.............................................................................................4 ARTICLE 6: INSPECTION PERIOD AND CONTINGENCIES..................................................4 6.1. Preliminary Information.................................................................................................. 4 6.2. Right of Entry; Restoration of Premises and Indemnification by Tenant ........................ 4 6.3. Inspection Period............................................................................................................. 4 6.4 General Contingencies...................................................................................5 6.5 Title and Survey Contingency..........................................................................5 6.6 Tenant's Election to Proceed...........................................................................6 6.7 Closing.....................................................................................................6 6.8 Acceptance of Premises Disclaimer...................................................................7 ARTICLE 7. PERMITTING AND FEES.......................................................................................7 ARTICLE 8: CONSTRUCTION OF IMPROVEMENTS; REPAIRS AND MAINTENANCE; ALTERATIONS AND IMPROVEMENTS....................................................8 8.1. Construction of Improvements........................................................................................ 8 8.2. Repairs and Maintenance............................................................................................... 10 8.3. Alterations and Improvements....................................................................................... 11 8.4. Ownership of Buildings, Improvements, and Fixtures .................................................. 11 8.5 Right to Remove Trade Fixtures.................................................................................... 11 8.6 Naming and Other Rights........................................................................11 ARTICLE 9: LIENS......................................................................................................................12 ARTICLE 10: INSURANCE AND INDEMNITY.......................................................................12 10.1. Tenant's Insurance......................................................................................................... 12 10.2. Exculpation of Landlord................................................................................................ 13 10.3. Tenant's Indemnification of Landlord........................................................................... 13 10.4 Tenant's Property ........................................................................................................... 14 ARTICLE 11: DAMAGE AND DESTRUCTION........................................................................14 ARTICLE 12: CONDEMNATION...............................................................................................14 12.1. Complete Taking........................................................................................................... 14 12.2. Partial Taking Rendering Premises"Untenantable........................................................ 14 12.3. Partial Taking Not Rendering Premises"Untenantable................................................. 15 12.4. Allocation of Condemnation Award.............................................................................. 15 ARTICLE13: BANKRUPTCY....................................................................................................16 ARTICLE 14: ASSIGNMENT AND SUBLETTING..................................................................16 ARTICLE 15: EVENTS OF DEFAULT; REMEDIES.................................................................17 15.1. Events of Defaul............................................................................................................ 17 15.2. Remedies........................................................................................................................17 ARTICLE 16: QUIET ENJOYMENT AND OPERATIONS AT PREMISES ............................17 16.1. Covenant of Quiet Enjoyment....................................................................................... 17 16.2. Right to Possession........................................................................................................ 18 16.3 Operations at the Premises..................................................................18 ARTICLE 17: TRADE FIXTURES..............................................................................................20 ARTICLE 18: LEASEHOLD MORTGAGE................................................................................20 ARTICLE 19: HAZARDOUS SUBSTANCE OR WASTE.........................................................20 19.1. Definitions....................................................................................................................20 19.2. Landlord's Representation and Warranty...................................................................... 21 19.3. Tenant Indemnification.................................................................................................. 21 19.4. Survivability...................................................................................................................22 ARTICLE 20: REAL ESTATE COMMISSIONS........................................................................22 ARTICLE 21: NOTICES AND DEMANDS................................................................................22 ARTICLE 22: GENERAL PROVISIONS....................................................................................23 23.1. Binding on Successors................................................................................................... 23 23.2. Severability.................................................................................................................... 23 23.3. Entire Agreement........................................................................................................... 23 23.4. Captions......................................................................................................................... 23 23.5. No Waiver...................................................................................................................... 23 23.6. Holdover..................................................................................24 23.7. Time of Essence............................................................................................................. 24 23.8. Governing Law.............................................................................................................. 24 23.9. Counterparts...................................................................................................................24 23.10. No Third Party Rights.................................................................................................... 24 23.11. Interpretation.................................................................................................................. 24 ii 23.12. Short Form Lease........................................................................................................... 24 23.13. Estoppel Certificates...................................................................................................... 24 23.14. Due Authorization.......................................................................................................... 24 23.15. Relationship of Parties................................................................................................... 25 23.16. Authorization................................................................................................................. 25 23.17. Incorporation of Exhibits............................................................................................... 25 23.18. Anti -Terrorism Warranties............................................................................................. 25 23.14 Right of First Refusal regarding Lease for Optional Land .... 25 23.20 Publication......................................................................................26 iii LIST OF EXHIBITS EXHIBIT A Site Plan EXHIBIT B Legal Description of Land EXHIBIT C Notice of Election EXHIBIT D Memorandum of Lease EXHIBIT E Mortgagee Protection Provisions EXHIBIT F Legal Description of Optional Tract EXHIBIT G Insurance iv STATE OF TEXAS COUNTY OF NUECES GROUND LEASE AGREEMENT This GROUND LEASE AGREEMENT (the "Lease") is made and entered into as of the Effective Date (defined below) by and between CITY OF CORPUS CHRISTI, a home rule city (the "Landlord"), and SQH SPORTS & ENTERTAINMENT, INC., a Texas corporation (the "Tenant"), for the purpose of constructing and operating a Regional Youth Sports Complex to build sports related tourism by hosting multi -day and multi -sport regional, state and national tournaments and events in effort to increase city hotel occupancy and sales tax revenues. The parties to this Lease may be referred to individually herein as "Party" or collectively herein as the "Parties." RECITALS A. Landlord is the fee simple owner of that certain 67.69 acre parcel of unimproved land, more or less, located near intersection of State Highway and FM 43 (Weber Road) in Corpus Christi, Nueces County, Texas as shown on Exhibit A (the "Site Plan"), and as more particularly described on Exhibit B (the "Land"), attached to and made a part of this Lease. B. The Parties desire for Landlord to lease the Premises (defined herein) to Tenant, and to permit Tenant to construct and operate the Improvements (defined herein) on the Premises in accordance with this Lease. NOW, THEREFORE, in consideration of the premises set forth above, the rent to be paid, the mutual covenants and agreements of the Parties set forth below, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged by the Parties, the Parties agree as follows: VIR1 caj11offM11p riI&IM)aw pur,Igjf For one dollar and other good and valuable consideration stated herein, the receipt and sufficiency are hereby acknowledged, including but not limited to the performance by Tenant of the terms herein including the construction of improvements described herein, Landlord demises and lets to Tenant, and Tenant leases from Landlord, the Land, including any structures or improvements presently located thereon together with all easements and other rights, privileges and appurtenances thereto (collectively, the "Premises"). ARTICLE 2: DEFINITIONS In addition to terms defined elsewhere in this Lease, the following terms, for the purposes of this Lease, shall have the meanings set forth below: 2.1 "Closing" shall have the meaning ascribed to it in Section 6.7. "Coastal Bend Community Foundation Tracts" shall mean the land adjacent to the Land owned by the Coastal Bend Community Foundation. "Commitment" shall have the meaning ascribed to it in Section 6.5. "Cure Period" shall have the meaning ascribed to it in Section 15.1. "Director" shall mean the Director of Parks and Recreation or designee, The "Effective Date" of this Lease for purposes of measuring performance hereunder shall be the sixty-first day after final approval by the Corpus Christi City Council. "Event of Default" shall have the meaning ascribed to it in Section 15.1. "Land" means that certain 67.69 acre parcel of unimproved land, more or less, located near the intersection of State Highway 286 and FM 43 (Weber Road) in Corpus Christi, Nueces County, Texas as shown on Exhibit A (the "Site Plan"), and as more particularly described on Exhibit B attached hereto and made part hereof. "Laws" shall have the meaning ascribed to it in Section 8.1. "Lease" means this Lease Agreement between the City of Corpus Christi, Texas and SQH Sports & Entertainment, Inc. "New Survey" shall have the meaning ascribed to it in Section 6.5 "Option Term" shall have the meaning ascribed to it in Article 3. "Optional Land" means any portion of that certain 30.22 acre parcel of unimproved land, more or less, located at adjacent to the Land along Oso Creekin Corpus Christi, Nueces County, Texas as more particularly shown or described on Exhibit F attached hereto and made part hereof. "Permitted Exceptions" shall have the meaning ascribed to it in Section 6.5. "Permitted Transfer" shall have the meaning ascribed to it in Article 14. "Preliminary Information" shall have the meaning ascribed to it in Section 6.1. "Premises" shall have the meaning ascribed to it in Article 1. "Renewal Notice" shall have the meaning ascribed to it in Article 3. "Site Plan" is shown on Exhibit A attached hereto and made part hereof. "Survey" shall have the meaning ascribed to it in Section 6.1. "Taking" shall have the meaning ascribed to it in Article 12. C\Users\BStatzer.PMGSUCCESS\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\ZK45R2WH\0 9-09-16 City Clean.docx 2 "Term" shall have the meaning ascribed to it in Article 3. "Title Company" shall have the meaning ascribed to it in Section 6.4. "Title Defects" shall have the meaning ascribed to it in Section 6.5 "Title Policy" shall have the meaning ascribed to it in Section 6.7. "TLTA" means the Texas Land Title Association. ARTICLE 3: TERM, OPTION TERM This Lease shall be effective as a contract between the Parties as of the Effective Date, with the term hereof ("Term") commencing upon the Effective Date and expiring on the last day of the calendar month in which the fortieth (40th) anniversary of the Effective Date occurs, unless terminated as herein provided. Landlord and Tenant may mutually agree to extend the Term by up to four additional periods of five (5) years (each 5 -year period referred to as an "Option Term"), upon Tenant delivering written notice of its request to renew (the "Renewal Notice") to Landlord no later than six (6) months, before the expiration of the original forty (40) year Term. Upon Landlord's receipt of Tenant's Renewal Notice, Landlord shall notify Tenant within sixty (60) days whether the Lease will be renewed for an additional Option Term. ARTICLE 4: PERMITTED USE . The permitted use for this Lease, between Landlord and Tenant, is to enable Lessee to utilize Premises to construct, operate, repair and maintain a regional youth sports complex to build sports related tourism by hosting multi -day and multi -sport regional, state and national tournaments and events in effort to increase city hotel occupancy and sales tax revenues (the "Intended Use"). Tenant shall not use or allow use of the Premises for any other purpose without Director's prior written approval. ARTICLE 5: UTILITIES & TAXES 5.1. Utilities. During the Term Tenant will make all arrangements for obtaining service contracts and shall pay for all utilities (including without limitation electricity, water, gas, sewer and telephone service) and services furnished to, or to be used on, the Premises and/or in connection with the Improvements, and for all service commencement charges and meter reading fees. Such charges and expenses shall be paid by Tenant promptly and without delinquency directly to the utility companies or other entities to which such charges and fees are payable. Tenant shall comply with the Landlord's water conservation measures which are enacted pursuant to City ordinance. All utilities installed by Tenant must be done in compliance with all applicable City Codes and regulations including but not limited to the requirement at Unified Development Code Sections 8.5.2.F which provides that when property requesting wastewater service is located outside the City limits, the property owner shall agree to annex or sign a contract to annex such property prior to wastewater service being made available. In addition, reimbursement for a lift station installed by Tenant or any other developer shall only be made upon compliance with the Unified Development Code, which requires prior City Council approval of a separate reimbursement agreement prior to start of construction. Finally, per the C:\Users\BStatzer. PMGSUCCESS\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\ZK45R2 WH\O 9-09-16 City Clean.docx 3 Unified Development Code, the Tenant's or any other developer's application for reimbursement may not be considered until an amendment to the applicable Master Plan has been approved by the City Council. Real and Personal Property Taxes. During the Term and any Option Term, Tenant shall pay all real and personal property taxes, if any, levied upon the leasehold created by this Lease, Tenant's personal property on the Land and/or in the Improvements, before the date on which such taxes would be delinquent. ARTICLE 6: INSPECTION PERIOD AND CONTINGENCIES 6.1. Preliminary Information. Within five (5) business days following the Effective Date, Landlord shall provide to Tenant the following information in Landlord's possession related to the Premises that may assist Tenant in its inspection of the Premises (the "Preliminary Information"): Special Warranty Deed recorded in the Official Public Records of Nueces County Texas as document #941343, a survey of the Premises (the "Survey"). 6.2. Right of Entry; Restoration of Premises and Indemnification by Tenant. Tenant and its consultants and agents are granted and shall have full right of entry upon the Land up to and including the termination date of this Lease as reasonably necessary to perform surveys and otherwise conduct due diligence tests and inspections of the Premises. If this Lease terminates prior to Tenant's construction of the Improvements, Tenant will restore the Land so that the Premises are in substantially the same condition as existed prior to any inspections, surveys and tests performed by or for Tenant as permitted herein. Tenant specifically agrees to defend, indemnify and save and hold Landlord harmless from and against any loss, damage, liability, suit, claim, cost or expense (including reasonable attorneys' fees) caused by the acts of Tenant, its consultants, agents or assigns, in the exercise of such right of entry, which indemnity will survive termination of this Lease. The foregoing restoration obligations and indemnity do not apply to any matters or conditions of the Land merely discovered or uncovered in the course of any inspections, surveys or tests. 6.3. Inspection Period. Tenant shall have until 11:59 p.m. central time on the date that is Sixty (60) days after the Effective Date (the "Inspection Period") in which to complete, at Tenant's expense, any and all physical inspections and other investigations of and concerning the Premises as Tenant, in its sole discretion, may deem appropriate. Tenant's inspections and investigations may include, without limitation, determination by Tenant as to the sufficiency of the Premises with respect to zoning, soil and environmental conditions, utilities, title, licenses, permits, easements and parking in connection with the Intended Use; provided, however, that notwithstanding any provision of this Lease to the contrary, Tenant shall not have the right to undertake any environmental testing beyond the scope of a standard "Phase II" environmental site assessment without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall diligently pursue from the applicable governmental authorities all permits needed for the Intended Use. In the event that the results of the inspections, investigations and evaluations are, in Tenant's sole and absolute discretion, unacceptable to Tenant or Tenant decides, in Tenant's sole discretion, that the Premises is unsuitable for any reason or no reason at all, then Tenant shall not provide the Notice of Election (as hereinafter defined), in which event this Lease shall be terminated, and neither C:\Users\BStatzer.PMGSUCCESS\AppData\Local\Microsoft\Windows\INetCache\Content.Out1ook1ZK45R2 WH\0 9-09-16 City Clean.docx 4 party shall have any further liability under this Lease except for such matters which are expressly designated to survive the termination hereof. 6.4. General Contingencies. Each of the following contingencies shall be satisfied as an express condition to this Lease, unless otherwise noted herein: a. Tenant obtaining at Tenant's expense and prior to the expiration of the Inspection Period all necessary permits and governmental and private party approvals determined by Tenant to be necessary or advisable for the operation of the Premises and Improvements as a Regional Youth Sports Complex b. Prior to the expiration of the Inspection Period, Tenant (ii) obtaining environmental reports satisfactory to Tenant, at Tenant's expense, including but not limited to, acceptable environmental assessment(s), acceptable soil tests, and an acceptable topographical survey, reflecting that there are no recognized environmental conditions or other environmental matters for which remediation is recommended, or with respect to which additional testing needs to be performed or is recommended; and (iii) confirming the Land has legal access as shown on the Site Plan and sufficient for the Intended Use. C. Tenant receiving prior to the expiration of the Inspection Period, at Tenant's expense a commitment for a TLTA leasehold title insurance policy from a title company reasonably acceptable to Tenant (the "Title Company"), with all Title Defects (as defined in Section 6.5 below) being satisfied or waived as provided in Section 7.6 below. In the event that any of the contingencies provided for in this Section 6.4 are not timely satisfied, and Tenant does not provide the Notice of Election (defined in Section 6.6 below), then this Lease shall be terminated and neither Party shall have any further liability under this Lease, except for such matters which are designated to survive the termination hereof. 6.5. Title and Survey Contingency. Within thirty (30) days after the Effective Date, Landlord shall furnish Tenant at Tenant's expense with a commitment for a TLTA leasehold title insurance policy from the Title Company, together with complete and legible copies of Landlord's vesting deed and all requirement and exception documents referenced therein (collectively, the "Commitment'). Upon and after the Effective Date, Landlord shall not create or consent to any new document or matter which would affect the title to the Premises without Tenant's express written consent. During the Inspection Period, Tenant may obtain a new ALTA/ACSM Land Title Survey of the Premises from a surveyor reasonably acceptable to Tenant (the "New Survey"). Within forty-five days after Tenant's receipt of both the Commitment , Tenant shall notify Landlord of (i) any liens, encumbrances, exceptions, qualifications or other matters of or affecting title, and (ii) any matters, circumstances, or conditions disclosed by the Survey or New Survey which are not acceptable to Tenant (the "Title Defects"). Landlord shall notify Tenant within ten (10) days following its receipt of the list of Title Defects which, if any, of such Title Defects Landlord will attempt to cure. If Landlord declines to attempt to cure one (1) or more C:\Users\BStatzer.PMGSUCCESS\AppData\Local\Microsoft\Windows\1NetCache\Content.Outlook\ZK45R2 WH\0 9-09-16 City Clean.docx 5 Title Defect(s), Tenant may terminate this Lease by notice in writing delivered to Landlord prior to the expiration of the Inspection Period. If Tenant fails to notify Landlord of Title Defects, or fails to terminate the Lease after giving such notice, the Title Defects, to the extent Landlord declined to attempt to cure, shall be deemed "Permitted Exceptions." In the event Landlord fails to eliminate or otherwise resolve, to the reasonable satisfaction of Tenant, one (1) or more Title Defects that Landlord agreed to attempt to cure in its response to Tenant, then Tenant may either: (i) terminate this Lease; or (ii) waive Tenant's objection(s) to such uncured Title Defect(s) and lease the Premises. In the event of such waiver, all such matters not cured shall be deemed Permitted Exceptions. If at any time after Tenant receives the initial Commitment, Tenant discovers new Title Defects not present in the initial Commitment, Tenant shall have the right to deliver a supplemental notice of such new Title Defects to Landlord within thirty (30) days following Tenant's discovery of such Title Defects. Landlord shall notify Tenant within ten (10) days following its receipt of any supplemental notice of Title Defects which, if any, Landlord will attempt to cure and if Landlord declines to cure, or if Landlord agrees to cure but fails to cure such new Title Defects to Tenant's reasonable satisfaction within thirty (30) days after receipt of Tenant's supplemental notice, then Tenant shall have the right to terminate the Lease (notwithstanding that Tenant may have already delivered the Notice of Election) or Tenant may, in its discretion, waive such objections and continue under the Lease. 6.6. Tenant's Election to Proceed. If Tenant has determined that it does not wish to terminate the Lease in accordance with Section 6.3, Section 6.4 or Section 6.5, it will deliver to Landlord on or before the expiration date of the Inspection Period the executed notice of election attached hereto as Exhibit C (the "Notice of Election"). Tenant's failure to deliver the Notice of Election by such time will be construed as its election to terminate the Lease on the final day of the Inspection Period. 6.7. Closing. If Tenant has not terminated this Lease and the Lease has not been automatically terminated in accordance with Section 6.6, Landlord and Tenant will proceed to close (the "Closing") Tenant's purchase of the leasehold title insurance policy that is the subject of the Commitment (the "Title Policy") within thirty (30) days of the date Tenant delivers the Notice of Election. (a) At the Closing, the Landlord shall duly execute and deliver to the Title Company: (i) any curative documents necessary to cure the Title Defects which Landlord agreed to cure, if any, to the extent not already recorded; and (ii) any documents and instruments required from Landlord under the Commitment as a condition to the issuance of the Title Policy or otherwise reasonably requested by the Title Company. (b) At the Closing, the Tenant shall pay the premium for the Title Policy, and shall duly execute and deliver to the Title Company any documents and instruments required from Tenant under the Commitment from the Tenant as a condition to the issuance of the Title Policy or otherwise reasonably requested by the Title Company. C:\Users\B Statzer.PMGSUCCESS\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\ZK45R2 WH\0 9-09-16 City Clean.docx 6 If necessary to conform the legal description of the Land or as otherwise required by the Title Company, the Parties shall also duly execute and deliver at Closing an amendment to this Lease correcting any errors in the legal description. 6.8 Acceptance of Premises Disclaimer: A. TENANT ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS IS" WITH ALL FAULTS AS MAY EXIST IN, ON, OR UNDER THE PREMISES, INCLUDING BUT NOT LIMITED TO DEBRIS, MULCH, CONCRETE AND CONSTRUCTION MATERIALS LOCATED AT THE PREMISES, AND THAT NEITHER LANDLORD, NOR ANY EMPLOYEE OR AGENT OF LANDLORD, HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. B. TENANT HEREBY WAIVES ANY AND ALL CAUSES OF ACTION, CLAIMS, DEMANDS, AND DAMAGES BASED ON ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF SUITABILITY FOR A PARTICULAR PURPOSE, ANY AND ALL WARRANTIES OF HABITABILITY, AND ANY OTHER IMPLIED WARRANTIES NOT EXPRESSLY SET FORTH IN THIS LEASE. C. TENANT ACKNOWLEDGES AND AGREES THAT TENANT HAS BEEN PROVIDED, TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE PREMISES FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR THE PURPOSE TO WHICH TENANT INTENDS TO USE THE PREMISES, AND IS RELYING ON ITS OWN INSPECTION. D. TENANT ACKNOWLEDGES THAT ANY AND ALL STRUCTURES AND IMPROVEMENTS EXISTING ON THE PREMISES ON THE COMMENCEMENT DATE, IF ANY, ARE ACCEPTED "AS IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY LESSOR WITH RESPECT THERETO. TENANT ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT OR OTHER ASSERTION BY LANDLORD WITH RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS, BUT IS RELYING ON ITS EXAMINATION THEREOF. E. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. ARTICLE 7: PERMITTING AND FEES; AND REZONING Subject to Tenant complying with all applicable laws, Landlord agrees to cooperate with Tenant to expeditiously process permits, including plat applications, zoning, site plan applications, building permit applications, building and construction inspections required for the Premises to be in a state of completion. Tenant shall be responsible to pay all applicable permitting fees. Landlord agrees to pursue rezoning of Premises for use of the Land as a regional youth sports complex consistent with the Intended Purpose. In the event the rezoning is C:\Users\BStatzer.PMGSUCCESS\AppData\Local\Microsoft\Windows\INetCache\Content Outlook\ZK45R2WH\0 9-09-16 City Clean.docx 7 not approved, then this Lease may be terminated by Tenant upon 30 days written notice as Tenant's sole and exclusive remedy. ARTICLE 8: CONSTRUCTION OF IMPROVEMENTS; REPAIRS AND MAINTENANCE; ALTERATIONS AND IMPROVEMENTS 8.1. Construction of Improvements. Tenant shall use good faith efforts, subject to events beyond Tenant's reasonable control which render its performance hereunder commercially impracticable, to construct or cause to be constructed on the Land the buildings and other site improvements needed from time to time and as determined in Tenant's sole discretion (including any monument or pylon signs) for the Intended Use (collectively, the "Improvements"), subject to the provisions and requirements of this Lease and of all government agencies having jurisdiction thereover. Tenant will perform all construction, including alterations and improvements referenced below in material compliance with all applicable laws, statutes, ordinances, codes, rules, regulations, and directives (collectively, "Laws"), including, but not limited to, the Americans with Disabilities Act and only after obtaining and maintaining in full force and effect all necessary licenses and permits. The construction and installation of the Improvements by Tenant shall be completed in a good and workmanlike manner. The cost of the Improvements and any fines imposed for failure of Tenant to comply with applicable Laws shall be borne solely by Tenant. 8.1.1. Specific Improvements. Specifically, the Improvements shall consist of the following: • 6 outdoor fields for soccer, lacrosse, and flag football • 8 baseball/softball diamonds, capable of adjusting for age of participants and particular sport • 10 sand volleyball pits • Concessions at fields and Fieldhouse • Children's outdoor play area • Fieldhouse that will host a minimum of 6 full-size basketball courts, 12 volleyball courts, and a cheer area • Outdoor Picnic Area • 5,000 square foot restaurant • Admissions and Administration offices 8.1.2. Performance Milestones — Tenant agrees to complete the following performance milestones by the dates shown below with all dates running from the Effective Date. The determination of tenant's successful compliance with these Performance Milestones is within the C:\Users\BStatzer.PMG SUCC ESS\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\ZK45R2 WH\0 9-09-16 City Clean.docx 8 sole determination and discretion of the Director of Parks and Recreation, whose approval shall not be unreasonably withheld. Tenant agrees to provide Director of Parks and Recreation with documentation of completion of each Performance Milestone, subject to review and approval of Director of Parks and Recreation. Failure to timely and successfully complete a Performance Milestones shall be considered an "Event of Default" and subject to further action under Article 15. 8.1.2.A. The Coastal Bend Community Foundation Tracts have been conveyed to SQH by third party owner within six (6) months from the Effective Date. 8.1.2.B. Within six months from the Effective Date, Tenant demonstrates to the satisfaction of the Director of Parks and Recreation that all utilities for the Premises have been approved in accordance with the Unified Development Code. 8.1.2.C. Tenant secures funding for construction of Improvements listed above within nine (9) months from the Effective Date. 8.1.2.D. Tenant completes final design of complex within 13 months from the Effective Date. 8.1.2.E. Tenant begins construction of complex within 14 months from the Effective Date. 8.1.2.F. Tenant substantially completes construction of complex within 27 months from the Effective Date. 8.1.2.G. Tenant begins operations of major components of complex within 29 months from the Effective Date. Notwithstanding anything in this Lease to the contrary, the Parties agree and understand that failure to enter into a mutually agreeable utility line agreement to provide proper utilities to the Premises within six months from the Effective Date shall be grounds for either party to terminate this Lease upon written notice, and at no cost or liability to the other party. 8.1.3 Construction at the Premises A. No construction or modifications may be made at the Premises, and no drilling, excavation, or penetration of the soil surface may be conducted at the Premises without the prior written approval of the Director of Parks and Recreation ("Director"), whose approval shall not be unreasonably delayed. Tenant shall not make any additions or alterations to the Premises or to any Improvements without the Director's prior written approval. If approved, Tenant must obtain clearance, in writing, from the City's Risk Management Department ("Risk Management") that the proposed addition or alteration will be covered under the insurance policy in force during the term of this Lease before proceeding with any type of addition or alteration to the Premises or to the Improvements. C:\Users\BStatzer.PMGSUCCESS\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\ZK45R2 WH\0 9-09-16 City Clean.docx 9 B. All additions or alterations must be made at Tenant's expense. Tenant must provide proof to the Director of sufficient funds on hand to complete the construction. All additions or alterations installed by Tenant must be repaired or replaced at Tenant's expense and may be removed by Tenant at the expiration or termination of the Lease only if they may be removed without damaging the Premises or any Improvements. All additions or alterations made by Tenant which are not removed at the expiration or termination of this Lease become the property of the City without necessity of any legal action. C. The plans and specifications for all additions or alterations shall be prepared by state - licensed architects or engineers. The Improvements must be designed and constructed to meet American Sports Builder Association guidelines and American Society for Testing Material standards. The plans and specifications must be approved in writing by the Director of Capital Programs or designee prior to construction. The plans and specifications must be prepared to ensure that any runoff from the Premises does not negatively impact Oso Creek. D. A payment bond is required for construction contracts that exceed $25,000. A performance bond is required for construction contracts that exceed $100,000. The bond(s) shall be made with the City as the obligee. E. Lessee shall ensure that an indemnity clause acceptable to the City is included in all construction contracts. F. All construction contracts must be approved in writing by the Director of Engineering or designee. All construction contracts must include terms regarding the City's ability to inspect, reject and accept the work. G. Tenant shall include in all construction contracts for the Improvements, in large, bold face text: "Contractor does hereby agree to release, indemnify, defend and hold harmless City of Corpus Christi, and all of its officials, officers, agents and employees, in both their public and private capacities, from and against any and all liability, claims, losses, damages, suits, demands or causes of action including all expenses of litigation and/or settlement, court costs and attorney fees which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property occasioned by error, omission, or negligent act of contractor, its officers, agents, employees, subcontractors, invitees or any other person arising out of or in connection with the performance of the construction contract, and contractor shall at his or her own cost and expense defend and protect the City of Corpus Christi from any and all such claims and demands." H. Tenant shall also require the contractors in all construction agreements for the Improvements to furnish insurance in such amounts as specified in the attached insurance exhibit. 8.2. Repairs and Maintenance. Subject to the provisions of Article 11, Tenant agrees that during the Term it will, at its expense and without any expense to Landlord, promptly make all necessary repairs to or replacements of the Improvements and all parking areas, sidewalks, curbs, lawns, lighting, irrigation and landscaping on the Land, and maintain the Premises and the Improvements, in accordance with all applicable Laws, and in good condition C:\Users\BStatzer.PMGSUCCESS\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\ZK45R2 WH\0 9-09-16 City Clean.docx 10 and repair. Tenant shall, at all times during the Term, assure that the Premises and the Improvements are in compliance with all applicable Laws. Tenant shall not commit waste with respect to the Premises. The Parties intend that Landlord have no obligation, in any manner whatsoever, to repair and maintain the Premises or the Improvements or any equipment therein or thereon, whether structural or non-structural, during the Term, all of which obligations are intended to be imposed on Tenant. 8.3. Alterations and Improvements. After construction of the agreed Improvements as shown on the Site Plan, Tenant may, at its expense and with the prior written consent of Landlord acting through its City Manager (i) make changes or alterations, structural or otherwise, to the Premises and to the exterior and interior of the Improvements; and (ii) erect, construct or install upon the Land buildings and improvements in addition to those now or hereafter located thereon. 8.4. Ownership of Buildings, Improvements, and Fixtures. Any and all buildings, improvements, additions, alterations, and fixtures, except Trade Fixtures (as defined herein), constructed, placed, or maintained on any part of the Premises during the Term shall be considered part of the real property of the Premises and shall remain on the Premises and become the property of Landlord on termination of this Lease. 8.5. Right to Remove Trade Fixtures. Tenant shall have the right at any time during Tenant's occupancy of the Premises, or within a reasonable time thereafter, to remove any and all Trade Fixtures (as defined herein), owned or placed by Tenant, its sublessees or licenses, in or on the Premises, or acquired by Tenant, whether before or during the Term, but prior to the termination of the Lease. Tenant must repair any damage to the Premises to any buildings or improvements on the Premises resulting from such removal. Any such personal property items which are not removed by the termination date of the Lease shall become the property of Landlord as of that date. 8.6. Naming and Other Rights. A. Tenant shall have the full right to provide a name or names for the regional youth sports complex during the Term of this Lease; provided, however, that except for city names which are incorporated into the brand name of any nationally or regionally offered product or service (such as, by way of example and not limitation, "Seattle's Best" coffee, or "Boston Market" goods), Tenant shall display no reference to any country or to any city other than the City in any signage, advertising, and other identification monuments or visible media containing the name used by or identifying the regional youth sports complex facility on the Premises. B. Tenant agrees to use a name for the regional youth sports complex that is appropriate for a City -owned facility. C. Within thirty (30) days after the Tenant's disclosure to the City of the name of the regional youth sports complex, the City shall have the right to disapprove and thus prohibit such name for the regional youth sports complex (including the name for any part of the regional youth sports complex) if the City Council reasonably deems such name to be in bad taste or offensive to the City's image or a potential source of embarrassment to the City. C:\Users\B Statzer. PMG SUCCESS\AppData\L,ocal\Microsoft\WindowsllNetCache\Content.Outlook1ZK45R2 WH10 9-09-16 City Clean.docx 11 D. Any advertising, documents or media information prepared by or within the control of Tenant describing any event at the regional youth sports complex shall identify the City as the location of the regional youth sports complex. E. Without limiting the foregoing, Tenant shall have the exclusive right to contract with any person with respect to use and enjoyment of such name for the regional youth sports complex and the exclusive right to enter into such agreements with others whereby such others may display names, logos, trademarks, advertisements, slogans, emblems, brand names, and the like in or about the Premises. F. Tenant reserves the right to change the name of the regional youth sports complex from time to time. Cr. Tenant also retains exclusive control over, and the right to grant to others, the rights to broadcasts to and from the Premises, regardless of the medium used (e.g. television, radio, internet, satellite) and all revenues therefrom. H. Any agreement executed by Tenant that sells the right to name the regional youth sports complex shall provide that should the party to whom said right has been sold perform or be the subject of any Act of Bankruptcy, Landlord shall have the right to immediately terminate such agreement and have the right to seek a new agreement with respect to the naming rights for the regional youth sports complex. I. Notwithstanding anything herein to the contrary, the naming rights shall be subject to and subordinate to this Lease Agreement. ARTICLE 9: LIENS Tenant shall keep the Premises free from any liens arising out of any work performed, materials furnished or obligations incurred by Tenant, and shall indemnify, protect and hold harmless Landlord from any liens and encumbrances arising out of any work performed or materials furnished by or at the direction of Tenant. If, at any time during the Term, any interest of Landlord or Tenant in the Premises becomes subject to a lien for labor or materials furnished to Tenant in the repair or improvement of the Premises, within thirty (30) days after Tenant's receipt of written notice informing Tenant of the recording of such lien, Tenant shall cause the lien to be bonded or discharged, and shall otherwise defend and hold Landlord harmless on account thereof, provided, however, that if Tenant desires in good faith to contest the validity or correctness of any such lien, it may do so, and Landlord shall cooperate to whatever extent may be necessary, provided only that Tenant shall defend and indemnify Landlord against any costs, loss, liability or damage on account thereof, including reasonable attorneys' fees. The interest of Landlord in the Premises shall not be subject to liens for improvements made by or for the account of Tenant, for which Tenant shall provide due notice to all parties who provide any services or materials with respect to any work on the Premises. ARTICLE 10: INSURANCE AND INDEMNITY 10.1. Tenant's Insurance. Tenant shall obtain, maintain and keep in force, or cause to be obtained, maintained and kept in force, for the period commencing upon delivery of the C:\Users\BStatzer.PMGSUCCESS\AppData\Local\MicrosoftiWindows\1NetCache\Content.Outlook\ZK45R2 WH\0 9-09-16 City Clean.docx 12 Premises to Tenant and continuing thereafter during the Term, insurance as required by the attached Exhibit "G" — Tenant's Insurance Requirements. 10.2. Exculpation of Landlord. It is expressly understood and agreed by and between Landlord and Tenant that Landlord shall have no liability for damage or injury to any person or property in, on or about the Premises or the Improvements caused by or resulting from acts or omissions of any tenant, occupant, licensee or invitee of or on the Premises, unless (i) such damage or injury is caused by or results from the negligence or willful misconduct of Landlord or Landlord's agents, employees, representatives, or contractors and (ii) Landlord is responsible for such damage under the Texas Tort Claims Act. Nothing in this Lease shall waive any defenses or immunities available to Landlord. 10.3. Tenant's Indemnification of Landlord. NOTWITHSTANDING THE LIMITS OF INSURANCE SPECIFIED HEREIN, TENANT SHALL INDEMNIFY AND HOLD LANDLORD, ITS OFFICERS, AGENTS AND EMPLOYEES ("INDEMNITEES") HARMLESS OF, FROM, AND AGAINST ALL CLAIMS, DEMANDS, ACTIONS, DAMAGES, LOSSES, COSTS, LIABILITIES, EXPENSES, AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST INDEMNITEES ON ACCOUNT OF INJURY OR DAMAGE TO PERSON OR PROPERTY TO THE EXTENT ANY DAMAGE OR INJURY MAY BE INCIDENT TO, ARISE OUT OF, OR BE CAUSED, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, BY AN ACT OR OMISSION, NEGLIGENCE, OR MISCONDUCT ON THE PART OF THE INDEMNITEES OR ON THE PART OF TENANT, OR ANY OF TENANT'S AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, VENDORS, PATRONS, GUESTS, LICENSEES, OR INVITEES ("INDEMNITORS") ENTERING UPON THE PREMISES, WITH THE EXPRESS OR IMPLIED INVITATION OR PERMISSION OF TENANT, OR WHEN ANY INJURY OR DAMAGE IS THE RESULT, PROXIMATE OR REMOTE, OF THE VIOLATION BY INDEMNITEES OR INDEMNITORS OF ANY LAW, ORDINANCE, OR GOVERNMENTAL ORDER OF ANY KIND, OR WHEN THE INJURY OR DAMAGE ARISE OUT OF, OR BE CAUSED BY, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, BY AN ACT OR OMISSION, NEGLIGENCE, OR MISCONDUCT ON THE PART OF INDEMNITORS UNDER THIS AGREEMENT. THESE TERMS OF INDEMNIFICATION ARE EFFECTIVE WHETHER THE INJURY OR DAMAGE MAY RESULT FROM THE SOLE NEGLIGENCE, CONTRIBUTORY NEGLIGENCE, OR CONCURRENT NEGLIGENCE OF INDEMNITEES, AND IN ALL CASES WHERE INDEMNITEES' ACTIONS ARE DIRECTLY RELATED TO THE USE OF THE PREMISES, BUT NOT IF THE DAMAGE OR INJURY RESULTS FROM GROSS NEGLIGENCE OR WILFULL MISCONDUCT ON INDEMNITEES. TENANT COVENANTS AND AGREES THAT IF ANY OF THE INDEMNITEES ARE MADE A PARTY TO ANY LITIGATION AGAINST TENANT OR IN ANY LITIGATION COMMENCED BY ANY PARTY, OTHER THAN TENANT, RELATING TO THIS AGREEMENT OR RELATING TO THE PREMISES, TENANT SHALL C:\Users\BStatzer.PMGSUCCESS\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\ZK45R2 WH\0 9-09-16 City Clean.docx 13 DEFEND INDEMNITEES UPON RECEIPT OF REASONABLE NOTICE REGARDING COMMENCEMENT OF LITIGATION. 10.4. Tenant's Property. All property belonging to Tenant or its agents, employees, invitees or otherwise and located at or in the Premises or the Improvements shall be kept at the risk of Tenant only, and Landlord shall not be liable for damage thereto or theft, misappropriation or loss thereof and Tenant agrees to defend and hold Landlord and Landlord's agents, employees and servants harmless and indemnify them against third -party claims and liability for injuries to such property. ARTICLE 11: DAMAGE AND DESTRUCTION Except in the case of a casualty loss which occurs in the last two (2) years of the Term or during the Option Term, if the Improvements or any part thereof are damaged or destroyed by fire or other casualty, this Lease shall continue in full force and effect. If, during the last two (2) years of the Term or during the Option Term, any of the Improvements shall be damaged by fire or other casualty to the extent that, in Tenant's reasonable judgment, the Premises are not usable in its damaged condition for the conduct of Tenants business, Tenant may, upon written notice to Landlord, elect to terminate this Lease, in which event all proceeds of the insurance payable in respect for pertaining to the Improvements shall belong to and be paid to Landlord with reduction for any deductible. If Tenant elects to terminate this Lease due to casualty loss which occurs in the last two (2) years of the Term, Tenant shall so notify Landlord within thirty (30) calendar days after the date of such casualty, whereupon this Lease shall terminate as of the later to occur of: (i) Tenant's vacation and surrender of the Premises, and (ii) Landlord's receipt of such termination notice. If Tenant terminates this Lease, Tenant shall not be required to repair any damage resulting from such casualty. If the Improvements are damaged or destroyed by fire or other casualty in years 1 through 38 of the Lease, or during the Option Term, then the parties will develop a mutually agreed upon schedule for reconstruction of the Improvements at the Premises, which schedule shall take into account sufficient time necessary for third party processing of Tenant's insurance claims. ARTICLE 12: CONDEMNATION 12.1. Complete Taking. If the whole of the Premises and/or Improvements are taken for any public or quasi -public purpose by any lawful power or authority by the exercise of the right of condemnation or eminent domain ("Taking"), then this Lease shall terminate as of the earlier of the date that title vests in the condemnor or the date that the condemnor takes possession of the property so taken ("Date of Taking"). In such event, all charges payable hereunder shall be prorated and paid to the Date of Taking. Installation of City utilities upon or across the Premises does not constitute a Taking for purposes of this Lease. 12.2. Partial Taking Rendering Premises "Untenantable." If a Taking by any lawful power or authority by the exercise of the right of condemnation or eminent domain of a portion of the Premises or Improvements or a portion of any access drive or curb cut adjacent to the Premises necessary, in Tenant's sole but reasonable judgment, for the Intended Use, occurs and such Taking renders the entire Premises and/or Improvements "untenantable," as such term is hereinafter defined, then Tenant shall have the right to terminate this Lease, as of the Date of C:\Users\BStatzer.PMGSUCCESS\AppData\Local\Microsoft\Windows\[NetCache\Content.Outlook\ZK45R2WH\0 9-09-16 City Clean.docx 14 Taking, by giving written notice of such termination to Landlord within ninety (90) days after the date of Tenant's receipt of notice from the condemnor of the Date of Taking. Installation of City utilities upon the Premises does not constitute a Taking for purposes of this Lease. In the event of termination of this Lease in accordance herewith, all charges payable hereunder shall be prorated and paid to the Date of Taking. For purposes of this Article 12, "untenantable" shall be deemed to refer to a situation in which any Improvement(s) or any parking spaces, driveways or access ways, or other improvements on or included in the Premises, or adjacent to the Premises, that may have been displaced by the Taking cannot, in the sole discretion of the Tenant, be relocated, restored or re- routed upon the portions of the Land that remain after the Taking in a commercially reasonable manner that results in an economically viable operation of the Intended Use, thereby causing the Premises and/or Improvements to be unsuitable for Tenant to carry on the Intended Use as contemplated by this Lease. In the event that a Taking of any portion of the Premises and/or Improvements occurs which renders the entire Premises and/or Improvements "untenantable," and Tenant fails to terminate this Lease within the time period provided above, then this Lease shall continue in full force and effect. 12.3. Partial Taking Not Rendering Premises "Untenantable". In the event of a Taking of any portion of the Premises and/or Improvements which does not render the Premises and/or Improvements "untenantable," as defined above, all charges shall be abated for a reasonable period of time, not to exceed one hundred fifty (150) days after Tenant's receipt of the condemnation award, in order to allow Tenant to make any alterations and/or improvements that in the sole discretion of Tenant are necessary to relocate, restore or re-route any Improvements or parking spaces, driveways or access ways, or other improvements on or included in the Premises which were displaced by the Taking. Following the completion by Tenant of any such improvements, repairs, restoration or alterations to the Premises and/or Improvements that may be necessary as a result of any such Taking, the abatement of charges provided for herein shall cease, and all other charges shall again be assessed against the Premises as provided for hereinabove. Notwithstanding anything to the contrary in the foregoing, Tenant, after Tenant's receipt of the condemnation award, shall have an affirmative obligation to exercise all reasonable efforts in order to perform any construction, repairs, restoration or alterations to the Premises and/or Improvements that may be necessary to relocate, repair, restore or re-route any Improvements or parking spaces, driveways or access ways, or other improvements on the Land that may have been displaced by the Taking, and which can be, in the sole discretion of Tenant, relocated, repaired or re-routed upon the portions of the Premises that remain after the Taking in a commercially reasonable manner that results in an economically viable operation of the Intended Use. 12.4. Allocation of Condemnation Award. The condemnation award payable with respect to any Taking of all or a part of the Land and/or Improvements shall be made available to Tenant to pay for the relocation, re-routing or construction and completion of any replacements, restoration, alterations and improvements, but Tenant shall not be obligated to expend an amount greater than the amount awarded to Landlord and Tenant on account of the taking of the C:\Users\BStatzer.PMGSUCCESS\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\ZK45R2 WH\0 9-09-16 City Clean.dou 15 Improvements, exclusive of that portion of the award attributable to the taking of the Land. If the amount awarded to Landlord and Tenant on account of the Taking is not sufficient to permit Tenant to so alter, repair and restore the Premises and/or Improvements, Tenant, at Tenant's discretion, may give notice to Landlord of such deficiency within thirty (30) days after the Date of Taking and Landlord may elect to contribute the amount of the deficiency to the cost of the repair and restoration or to terminate this Lease. Landlord shall notify Tenant of its election within thirty (30) days after the date on which Landlord receives the notice of deficiency from Tenant. If Landlord elects to terminate this Lease, the termination shall be effective as of the Date of Taking and all Rent and other charges payable hereunder shall be prorated and paid to the date of termination. The condemnation award received by Landlord and Tenant shall be otherwise allocated as set forth below. If a Taking of the whole or a part of the Premises and/or Improvements shall occur, then Landlord shall have the unqualified right to pursue its remedies against the condemnor for the full value of Landlord's fee interest and other property interests in and to the Premises and/or Improvements. Similarly, Tenant shall have the unqualified right to pursue its remedies against the condemnor for the full value of Tenant's leasehold interest, moving and relocation expenses, and other property interests in and to the Premises and/or Improvements. If the laws of the State of Texas allow or require the recovery from the condemnor to be paid into a common fund or to be paid to Landlord only, and if such recovery is so paid into a common fund or to Landlord only, then the recovery so paid shall be apportioned between the Parties according to the value of their respective property interests as they existed on the date of the Taking, giving due consideration to the number of years remaining in the Term and the condition of the Improvements and any other improvements on the Land. The provisions of this Section 12.4 shall survive any termination of this Lease pursuant to the provisions of Article 12. ARTICLE 13: BANKRUPTCY If, at any time during the Term, bankruptcy, insolvency or other similar proceedings shall be instituted by or against Tenant, whether or not such proceedings result in an adjudication against Tenant or should a receiver of the business or assets of Tenant be appointed, such proceedings or adjudication shall not affect the validity of this Lease so long as the Rent and the other terms, covenants and conditions of this Lease on the part of Tenant to be performed are performed, and in such event this Lease shall remain in full force and effect in accordance with its terms. ARTICLE 14: ASSIGNMENT AND SUBLETTING Except for a Permitted Transfer (defined herein), Tenant may not assign this Lease or sublet the Premises, in whole or in part, without obtaining the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld or delayed. Landlord's consent shall not be considered unreasonably withheld or delayed if the proposed transferee's financial net worth is less than that of Tenant. Landlord's failure to approve or disapprove any assignment or sublease request within thirty (30) business days shall be deemed to be Landlord's approval of such request. For purposes of this Lease, a "Permitted Transfer" shall include an assignment of this Lease or a sublease of the Premises, in whole or in part, an entity controlled or majority-owned by Tenant or any successor resulting from a reorganization of, or merger with, C:\Users\BStatzer.PMGSUCCESS\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\ZK45R2 WH\0 9-09-16 City Clean.docx 16 Tenant. In the event of a Permitted Transfer, the assignee or sublessee, as applicable, shall assume in writing all present and future obligations of Tenant under this Lease, and upon such assumption the Tenant shall have no further obligations under this Lease other than those that accrued prior to the effective date of the Permitted Transfer. Except in the case of a Permitted Transfer, Tenant shall remain fully liable hereunder for any obligation of Tenant arising under this Lease, whether past, present or future; provided, however, that Tenant's liability shall be limited to obligations of Tenant arising during the initial Term of the Lease (or any remaining Option Term if the assignment or sublease occurs during an Option Term) and Tenant shall have no liability for any obligations arising during a subsequent Option Term elected by the assignee or sublessee. Any assignee or sublessee hereunder shall expressly assume in writing all obligations on Tenant's part to be performed under this Lease from and after the effective date of the assignment or subletting. Notwithstanding anything in this Lease to the contrary, Tenant may enter into any type of sublease, license or any other type of agreements with third parties relating to any retail, equipment supplies, sports medicine, restaurants or any other types of operations in connection with the Intended Use. ARTICLE 15: EVENTS OF DEFAULT; REMEDIES 15.1. Events of Default. The occurrence of any one or more of the following events (each an "Event of Default") shall constitute a default and breach of this Lease by Tenant: If Tenant fails to perform any of Tenant's obligations or breaches any covenant or representation or warranty under this Lease for a period of sixty (60) days after written notice from Landlord (the "Cure Period"). 15.2. Remedies. Upon the occurrence of an Event of Default, and at any time thereafter, at Landlord's option, and without limiting Landlord in the exercise of any other rights or remedies which Landlord may have at law or in equity by reason of such breach, if such Event of Default shall not have been cured during such Cure Period, Landlord may terminate this Lease by giving written notice to Tenant of Landlord's election to so terminate, re-enter the Premises and take possession of the same, and expel or remove Tenant and all other parties occupying the Premises and/or Improvements, and remove all property of Tenant and store such property in a public warehouse or elsewhere at the cost of and for the account of Tenant without being deemed guilty of trespass. In such event, and subject at all times to the law of the State of Texas pertaining to and/or dictating the duty of a landlord to mitigate damages in the event of a tenant's breach of a lease, Landlord shall thereupon be entitled to recover from Tenant all costs to remove Tenant's personal property and return Premises to good condition. 16.1. Covenant of Quiet Enjoyment. Subject to the terms of this Lease, upon paying the Rent and performing the other terms, covenants and conditions of this Lease on C:\Users\BStatzer.PMGSUCCESS\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\ZK45R2 WH\O 9-09-16 City Clean.docx 17 Tenant's part to be performed, Tenant shall and may peaceably and quietly have, hold, occupy, possess and enjoy the Premises during the Term. However, Landlord retains the right to use or cross the Premises with utility lines and easements needed for utility operations. Landlord must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. Landlord exercises these rights without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. In addition, Landlord's vehicles including solid waste vehicles shall have emergency use of roads on the Premises to allow Landlord access through the Premises. 16.2. Right to Possession. Landlord covenants, warrants and represents that: (i) as of the Effective Date, Landlord alone will have the full right to lease the Premises for the Term and as set forth in this Lease, and (ii) the Premises are now unoccupied and tenant -free, and (iv) Tenant shall have at all times during the term absolute, tenant -free possession of the Premises. 16.3 Operations at the Premises. Tenant's use and operations of the Premises shall be in compliance with all applicable Federal, State and local laws and regulations. Tenant shall ensure that its activities at the Premises shall not negatively impact Oso Creek. Tenant agrees to comply with the following regarding its operations at the Premises: 16.3.1. Tenant shall be the exclusive manager and operator of the Regional Youth Sports Complex and shall have the exclusive right to contract for its use during the Term in a manner that will promote and further the purposes for which the Regional Youth Sports Complex has been constructed. Tenant shall do all things and take all commercially reasonable actions necessary for the operation and maintenance of the Regional Youth Sports Complex in accordance with this Lease and in a manner generally consistent with the operation and maintenance of the comparable facilities as of the Effective Date, subject to normal wear and tear. Without limiting the foregoing, Tenant is authorized to and shall: A. charge and collect all operating revenue, parking use charges, concession revenue and seat and suite use charges for the Regional Youth Sports Complex and Premises and, in connection therewith, use all commercially reasonable efforts to obtain all fees, rents and other amounts due from concessionaires and other users of the Regional Youth Sports Complex and Premises, and shall cause notices to be served upon such users to quit and surrender space occupied or used by them where desirable or necessary in the opinion of Tenant and shall ask for, demand, collect and give receipts for all amounts which at any time may be due from any licenses and other users of the Regional Youth Sports Complex and Leased Premises; B. prepare and submit to the Landlord (for its review and comment but not approval) on or before September 30 each year, a renewal and replacement account budget projecting the estimated capital repair work expenditures for the Regional Youth Sports Complex; C. commence, defend and settle in good faith such legal actions and proceedings concerning the operation of the Regional Youth Sports Complex (except for City events) as are necessary or required in the opinion of Tenant and shall retain legal counsel in connection therewith; C:\Users\BStatzer. PMGSUCCESS\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\ZK45R2 WH\0 9-09-16 City Clean.docx 18 D. employ, pay and supervise all personnel that Tenant determines to be necessary for the operation of the Regional Youth Sports Complex (such personnel, during the course of such employment shall be employees of Tenant and shall not be employees of Landlord); determine all matters with regard to such personnel, including without limitation, compensation, bonuses, fringe benefits, hiring and replacement and shall prepare, on its own behalf and file when due, all forms, reports and returns required by law relating to the employment of such personnel; E. purchase and maintain all materials, tools, machinery, equipment and supplies deemed necessary by Tenant for the operation of the Regional Youth Sports Complex; F. maintain the Regional Youth Sports Complex in accordance with comparable facilities subject to normal wear and tear, and maintain and operate the Regional Youth Sports Complex in compliance with all requirements necessary for the conduct of all games; G. prepare, coordinate, implement, revise as necessary and administer a preventative maintenance pian and program for the Regional Youth Sports Complex, its machinery and equipment, and provide a maintenance log for each calendar year of this Lease; H. from and after the Effective Date, arrange for and provide all utility and other services for the Regional Youth Sports Complex and pay or cause to be paid when due all charges for water, sewer, gas, light, heat, telephone, electricity, and other utilities and services rendered to or used on or about the Regional Youth Sports Complex; I. maintain or cause to be maintained all necessary licenses, permits and authorizations for the operation of the Regional Youth Sports Complex; J. furnish to the Landlord such reports and other information concerning the condition of the Regional Youth Sports Complex and operation thereof (excluding any financial operating results or other information deemed commercially sensitive by Tenant) as may be reasonably requested from time to time by the Landlord, it being understood, however, that Tenant shall not be required to generate any special reports but rather just make available to Landlord any reports already prepared by Tenant in the normal conduct of its business; K. procure and negotiate contracts with concessionaire(s) for the operation of consumable and/or non -consumable concessions at the Regional Youth Sports Complex (unless Tenant shall self -operate such concessions); and L. control the issuance and issue all credentials for events at the Regional Youth Sports Complex. M. As additional consideration for this Lease, Tenant shall allow Landlord the right to use the Regional Youth Sports Complex for City of Corpus Christi sponsored activities that specifically benefit the Corpus Christi community, for example, a sporting event coordinated through the City Parks & Recreation Department ("City Activities") free of any facility rental or admission charge, as follows: one weekday City Activity and one full weekend City Activity. Further, no more than one City Activity may be held within a calendar month and no more than two City Activities may be held during any calendar year. Any City Activity shall be scheduled with Tenant at mutually agreeable dates. C:\Users\BStatzer.PMGSUCCESS\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\ZK45R2WH\0 9-09-16 City Clean.docx 19 ARTICLE 17: TRADE FIXTURES Anything contained in this Lease to the contrary notwithstanding, Landlord acknowledges, consents and agrees that all furniture, machinery and equipment which are installed or placed in, on or about the Improvements or the Premises by Tenant, its agent, or its tenants or assigns ("Trade Fixtures"), whether affixed to the Premises, the Improvements, or otherwise (excluding heating, ventilating, and air conditioning system, and all electrical, mechanical, and plumbing systems and components thereof that constitute an integral part of the Improvements), shall be and at all times remain the property of Tenant or its tenant or assigns and may be removed at any time during the Term or upon the expiration or earlier termination of this Lease, whether or not such Trade Fixtures may be regarded as property of Landlord by operation of law or otherwise. Landlord hereby waives any rights it may have arising under Subchapter B of Chapter 54 of the Texas Property Code with respect to the Trade Fixtures. Tenant shall promptly cause any damage to the Improvements caused by such removal to be repaired at no cost to Landlord, including performing any work that may be required to restore the Improvements to a complete architectural unit, such as, by way of example only, restoring an exterior wall section left open after removal of equipment that theretofore served to complete the wall section. Landlord further agrees that, upon expiration or earlier termination of this Lease, Tenant shall have the right to remove from the Premises and the Improvements all signs and other distinctive features of the business on the Premises and the Improvements. Tenant shall, at its expense, repair any damage caused by such removal. ARTICLE 18: LEASEHOLD MORTGAGE Tenant may encumber by an appropriate Security Instrument its leasehold interest in the Premises, together with all Improvements placed on the Premises by Tenant, as security for indebtedness of Tenant, provided that Tenant shall refrain from encumbering or purporting to encumber, by means of any such Security Instrument or otherwise, the Landlord's fee interest in the Land. Landlord shall cooperate with Tenant and Tenant's lender with respect to any reasonable request to perfect such lender's rights in Tenant's leasehold interest in the Premises. In addition, if Tenant notifies Landlord of the existence of any such Security Instrument, the terms and conditions set forth on Exhibit E attached hereto (the "Mortgagee Protection Provisions") shall be deemed to have been incorporated into this Lease and Landlord shall comply therewith and abide thereby. ARTICLE 19: HAZARDOUS SUBSTANCE OR WASTE 19.1. Definitions. a. "Environmental Laws" means (i) the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"); the Emergency Planning and Community Right -to -Know Act; the Hazardous Materials Transportation Act; the Toxic Substances Control Act; the Occupational Safety and Health Act of 1970; the Federal Water Pollution control Act, the Solid Waste Disposal Act; the Clean Air Act; the Clean Water Act; the Safe Drinking Water Act; the Resource Conservation and Recovery Act (including, without limitation, Subtitle I relating to underground storage tank systems); and the Federal Insecticide, Fungicide and Rodenticide Act, (ii) regulations promulgated under any of the above statutes; (iii) C:\Users\BStatzer.PMGSUCCESS\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\ZK45R2 WH\0 9-09-16 City Clean.docx 20 any applicable federal, state or local statute, ordinance, rule or regulation, or any common law, that relates to environmental conditions, human health, industrial hygiene, Hazardous Substances or underground storage tank systems; in each case, as amended; and (iv) the applicable terms and conditions associated with any permit issued to and held by Landlord or Tenant pursuant to any of the foregoing. b. "Governmental Entity" means any federal, state or local governmental authority or regulatory agency, including, but not limited to, any Environmental Agency (defined below). C. "Hazardous Substances," for purposes of this Lease, shall be interpreted broadly to include, but not be limited to, any material or substance that is defined or classified under federal, state or local laws as: (i) a "hazardous substance" pursuant to Section 101 of CERCLA or Section 311 of the Federal Water Pollution Control Act, 33 U.S.C. § 1321, as now or hereafter amended; (ii) a "hazardous waste" pursuant to Section 1004 or Section 3001 of the Resource Conservation and Recovery Act, 42 U.S.C. § 6903, 42 U.S.C. § 6921, as now or hereafter amended; (iii) a toxic pollutant under Section 307(1)(a) of the Federal Water Pollution Control Act, 33 U.S.C. § 1317(1)(a); (iv) a "hazardous air pollutant" under Section 112 of the Clean Aix Act, 42 U.S.C. § 7412, as now or hereafter amended; (v) a "hazardous material" under the Hazardous Material Transportation Act, 49 U.S.C. § 1802(2), as now or hereafter amended; (vi) toxic or hazardous pursuant to regulations promulgated now or hereafter under the aforementioned laws; or (vii) presenting a risk to human health or the environment under other applicable federal, state or local laws, ordinances, or regulations, as now or as may be passed or promulgated in the future. "Hazardous Substances" shall also mean any substance that, after release into the environment and upon exposure, ingestion, inhalation or assimilation, either directly from the environment or directly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavior abnormalities, cancer or genetic abnormalities. "Hazardous Substances" specifically includes, but is no limited to, asbestos, polychlorinated byphenyls (PCBs), petroleum and petroleum-based derivatives, and urea formaldehyde. d. "Release" means any presence, release, deposit, discharge, emission, leaking, spilling, seeping, migrating, injecting, pumping, pouring, emptying, escaping, dumping, disposing or other movement of Hazardous Substances. 19.2. Landlord's Representation and Warranty. Landlord has no actual knowledge of the presence or disposal on the Premises, of any Hazardous Substance. To the best of available records Landlord has no actual knowledge, without inquiry, of any contamination of the Premises from any Hazardous Substance as may have been disposed of or stored on neighboring tracts. 19.3. Tenant Indemnification. Tenant for its part, agrees to indemnify, defend (with counsel reasonably acceptable to Landlord) and hold Landlord and its managers, employees, and agents harmless from any claims, judgments, damages, penalties, fines, liabilities, losses and costs and expenses which arise during or after the Term from or in connection with the presence of Hazardous Substances introduced by Tenant during the Term and those Hazardous Substances introduced during the Term by any of Tenant's shareholders, directors, officers, partners, C:\Users\BStatzer.PMGSUCCESS\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\ZK45R2 WH\0 9-09-16 City Clean.docx 21 members, managers, employees, or agents in, on, under or over the Premises, including the soil, groundwater or soil vapor on or under the Premises, unless the Hazardous Substances are present solely as a result of the negligence or willful misconduct of Landlord, managers, employees, agents, independent contractors, guests or invitees. Without limiting the foregoing, but in addition thereto, Tenant shall be solely responsible for the cleanup of such Hazardous Substances and such remediation of the Premises as may be required under or by virtue of any Environmental Law, and to the extent the cleanup of such Hazardous Substances and remediation of the Premises is required by Environmental Law. Tenant shall undertake and complete such cleanup and remediation in a prompt and diligent manner in accordance with Environmental Law and other applicable Requirements of Law. 19.4. Survivability. Without limiting the generality of the provisions of Section 19.2, Section 193, and Section 19.4, each of the representations and warranties, and indemnifications provided herein shall survive the expiration, termination or cancellation of this Lease and shall specifically cover costs and expenses incurred in connection with any investigation of site conditions, and any clean-up, remedial, removal and restoration work required by Environmental Law because of the presence or suspected presence of toxic or hazardous substances, including, without limitation, oil, gas and petroleum products, in, on, under or over the Premises, including the soil, groundwater or soil vapor on or under the Premises. ARTICLE 20: REAL ESTATE COMMISSIONS The Parties represent and warrant to each other that they have not employed nor engaged any brokers, consultants or real estate agents to be involved in this transaction. The representations and covenants contained in this Article 20 shall survive the expiration of the Term (or any extension(s) thereof) or earlier termination of this Lease. ARTICLE 21: NOTICES AND DEMANDS All notices and demands of any kind which either Party may be required or may desire to serve upon the other Party in connection with this Agreement shall be in writing, signed by the Party or its counsel identified below, and shall be served (as an alternative to personal service) by certified mail, overnight courier service or confirmed facsimile transmission during normal business hours (followed promptly by personal service or mailing of a hard copy), at the addresses set forth below: To Landlord: City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 Facsimile No.: (361) 826-3839 Telephone No.: (361) 826-3220 To Tenant: SQH Sports & Entertainment Attn.: Derrick Hegmon 16035 University Oak San Antonio, TX 78249 C:\Users\BStatzer.PMGSUCCESS\AppData\Local\Microsoft\Windows\lNetCache\Content.Outlook\ZK45R2 WH\0 9-09-16 City Clean.docx 22 Facsimile No.: (210) :;31J / — a553 Telephone No.: (210) 341-8877 With copy to: Porter, Rogers, Dahlman & Gordon, F.C. Attn.: R. Bryan Stone 800 N. Shoreline, Suite 800S Corpus Christi, TX 78401 Facsimile No.: (361)880-5844 Telephone No.: (361)880-5830 Any such notice or demand so served shall constitute proper notice hereunder upon delivery, if personally served, three (3) business days following deposit with the United States Postal Service if mailed, or one (1) business day following deposit with an overnight courier if couriered, or by confirmation of receipt of the facsimile if faxed. If the time period by which any notices, acts or payments required hereunder must be delivered, performed or paid expires on a Saturday, Sunday or legal holiday, then such time period shall be automatically extended to the close of business on the next business day. Telephone numbers have been included in this Article 22 as a matter of convenience and imply no obligation or right to give or receive notice other than in writing as required by this Lease. ARTICLE 22: GENERAL PROVISIONS 22.1. Binding on Successors. All of the covenants, agreements, provisions and conditions of this Lease shall inure to the benefit of and be binding upon the Parties hereto, their successors, legal representatives and assigns. 22.2. Severability. If any term or provision of this Lease or the application thereof to any person or circumstance shall be invalid or unenforceable, to any extent, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be -affected thereby, and each term and provision of this Lease shall be valid and enforceable to the maximum extent permitted by law. 22.3. Entire Agreement. This Lease and the exhibits attached hereto contain the entire agreement between the Parties concerning the subject matter hereof, and shall not be modified in any manner except by a document executed by the Parties hereto or their respective successors in interest. 22.4. Captions. The captions used in this Lease are inserted as a matter of convenience only, and in no way define, limit or describe the scope of this Lease or the intentions of the Parties hereto, and shall not in any way affect the interpretation or construction of this Lease. 22.5. No Waiver. A waiver by Landlord or Tenant of any breach of any provision of this Lease shall not be deemed a waiver of any breach of any other provision hereof or of any subsequent breach by Tenant or Landlord of the same or any other provision. 22.6. Holdover. If Tenant holds over after the Term with the express consent of Landlord, such holding over shall be construed to be a tenancy from month-to-month only. The C:\Users\BStatzer.PMGSUCCESS\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\ZK45R2 WH\0 9-09-16 City Clean.docx 23 foregoing provision shall not affect Landlord's right of reentry or any rights of Landlord hereunder or as otherwise provided by law. 22.7. Time of Essence. Except as specifically provided to the contrary herein, time is of the essence with regard to every provision of this Lease and the exhibits attached hereto. 22.8. Governing Law. This Lease shall be governed by and construed in accordance with the laws of the Mate of Texas. 22.9. Counterparts. This Lease may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same document. 22.10. No Third Party Rights. The terms and provisions of this Lease shall not be deemed to confer any rights upon, nor obligate any Party hereto to, any person or entity other than the Parties hereto. 22.11. Interpretation. Each Party has had the opportunity to participate in the negotiation and drafting of this Lease and has had the opportunity to have the Lease reviewed by its own legal counsel. The rule of interpretation requiring that any ambiguities be interpreted against the drafting party shall not apply to this Lease. 22.12. Short Form Lease. The Parties shall execute and record within five (5) business days following the Effective Date a short form of this Lease, substantially in the form attached hereto as Exhibit D (the "Memorandum"). In no event shall this Lease be recorded in its entirety. In the event this Lease should terminate as a result of a failure of any contingency or as a result of Tenant's election not to give the Notice of Election, Tenant agrees to promptly deliver to Landlord a termination of the Memorandum as necessary to provide record notice that this Lease has terminated. If necessary to conform the legal description of the Land or as otherwise required by the Title Company, the Parties shall duly execute and deliver at Closing an amendment to the Memorandum correcting any errors in the legal description. 22.13. Estoppel Certificates. Landlord and Tenant agree that, within fifteen (15) business days after receipt of a written request from either to the other, the Party receiving the request will execute and deliver to the other a certificate in form and substance mutually acceptable to the Parties certifying: (i) that this Lease is unmodified and in full force and effect, or, if modified, stating the nature of the modifications and that, as so modified, this Lease is in full force and effect; (ii) the date to which the Rent and other charges hereunder are paid in advance, if any; (iii) the then -scheduled expiration date of the Term and the duration of any unexercised, unexpired Option Term; (iv) that, to the certifying Party's knowledge, as of the date of the certificate, there are no uncured defaults hereunder on the part of the requesting Party or specifying such defaults as are claimed by the certifying Party; and (v) as to such other matter as may be reasonably requested by the requesting Party. 22.14. Due Authorization. Each person executing this Lease on behalf of Landlord and Tenant, respectively, warrants and represents that the Party for whom he or she is acting has been duly formed, is in good standing, and has duly authorized the transactions contemplated herein C:\Users\BStatzer.PMGSUCCESS\AppData\Local\Microsoft\Windows\TNetCache\Content.Outlook\ZK45R2WH\0 9-09-16 City Clean.docx 24 and the execution of this Lease by him or her and that, when so executed, this Lease shall constitute a valid and binding obligation of the Parry on whose behalf it is so executed. 22.15. Relationship of Parties. Nothing contained in this Lease shall be deemed to create a partnership or joint venture between Landlord and Tenant, and Landlord and Tenant's relationship in this Lease shall be deemed to be one of landlord and tenant only. 22.16. Authorization. a. Tenant hereby acknowledges, confirms and agrees that it is a duly incorporated corporation in accordance with the laws of the State of Texas and that it is in good standing under the laws of its state of incorporation. Tenant further acknowledges, confirms and agrees that it has been authorized by all necessary corporate action to enter into this Lease, that the entry into this Lease by Tenant and performance of all obligations to be performed by Tenant hereunder will not violate the terms of any governing documents of the Tenant, or any other agreements or arrangements to which the Tenant may be a party, and that the individual executing this Lease on behalf of the Tenant is duly authorized to do so. b. Landlord hereby acknowledges, confirms and agrees that it is a duly created and existing municipal corporation and home rule municipality of the State of Texas under the laws of the State of Texas and is duly qualified and authorized to carry on the governmental functions and operations as contemplated by this Lease. 22.17. Incorporation of Exhibits. All exhibits attached to this Lease are hereby incorporated herein as though set forth in full in this Lease itself. 22.18. Anti -Terrorism Warranties. Landlord represents and warrants that Landlord is not, and shall not become, a person or entity with whom Tenant is restricted from doing business with under regulations of the Office of Foreign Asset Control ("OFAC') of the Department of the Treasury (including, but not limited to, those named on OFAC's Specially Designated and Blocked Persons list) or under any statute, executive order (including, but not limited to, the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism), or other governmental action and is not and shall not engage in any dealings or transaction or be otherwise associated with such persons or entities. Tenant represents and warrants that Tenant is not, and shall not become, a person or entity with whom Landlord is restricted from doing business with under regulations of OFAC of the Department of the Treasury (including, but not limited to, those named on OFAC's Specially Designated and Blocked Persons list) or under any statute, executive order (including, but not limited to, the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism), or other governmental action and is not and shall not engage in any dealings or transaction or be otherwise associated with such persons or entities. 22.19. Right of First Refusal regarding Lease for Optional Land. Prior to Landlord's execution of a lease agreement regarding the Optional Land, and subject to Tenant's successful completion of all performance milestones, and Tenant's successful construction and operation of a Regional Youth Sports Complex with Improvements as described herein and shown on the Site C:\Users\BStatzer.PMGSUCCESS\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\ZK45R2 WH\0 9-09-16 City Clean.docx 25 Plan in Exhibit A, Landlord shall provide Tenant with written notice as provided in this section. If Landlord shall receive a bona fide offer for the lease for any portion of the Optional Land during the term of this lease agreement and the offer shall be acceptable to Landlord, Landlord shall give Tenant the right to lease the Optional Land for the intended purpose of Tenant's expansion of the Regional Youth Sports Complex or for use as an irrigation pond, at the price and on the terms of the offer so made, subject to final approval of the City Council and compliance with applicable provisions of the City Charter. This right shall be extended by Landlord giving written notice of the offer by registered mail to Tenant, requiring Tenant to sign a lease agreement within thirty days after the mailing of the notice, such final lease approval to be subject to final approval by City Council. This right of first refusal is contingent upon Tenant's successful completion of performance as listed in Article 8 above. 22.20 Publication. Tenant shall pay costs to publish this Lease Agreement as required by the City Charter. [SIGNATURE PAGE FOLLOWS] C:\Users\BStatzer.PMGSUCCESS\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\ZK45R2 WH\0 9-09-16 City Clean.docx 26 IN WITNESS WHEREOF, the Parties have executed this Lease Agreement to be effective as of the Effective Date defined above. LANDLORD: CITY OF CORPUS CHRISTI, a home -rule municipal corporation Attest: Name: Title: City Secretary CITY OF CORPUS CHRISTI By: Name: Title: City Manager Date: TENANT: SQH SPORTS & ENTERTAINMENT, INC., a Texas corporation Name: Title:�`?vt PIP— Date: 1-3 544P ':P41& C:\Users\BStatzer.PMGSUCCESS\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\ZK45R2 WH\0 9-09-16 City Clean.docx 27 Obb :: SITE. PLAN , ml 4:i1.. LEGAL DESCRIPTION [to be inserted I EXHIBIT C NOTICE OF ELECTION l3 A P , 2016 City of Corpus Christi Attn: City Manager P.Q. Box 9277 Corpus Christi, TX 78469-9277 Re: Ground Lease dated f .3 , 2016 ("Lease") by and between City of Corpus Christi ("Landlord") and SQH Sports & Entertainment, Inc. ("Tenanf') Gentlemen: The undersigned is the Tenant under the Lease, and we are providing this notice to you that we have satisfied or waived all the contingencies set forth in Article 6 of the Lease to be satisfied before the expiration of the Inspection Period; provided, however, and notwithstanding the foregoing, the Tenant does not waive its right to terminate the Lease under Section 6.5 of the Lease. Capitalized terms not defined in this notice have the same meanings given to them in the Lease. Very truly yours, SQA _ , 1 T 1 C 6 Name: -D2?l�l Title: C-1 MEMORANDUM OF LEASE Prepared By/Return To: R. Bryan Stone Porter Rogers Dahlman & Gordon, P.C. 800 N. Shoreline, Suite 800S Corpus Christi, TX 78401 MEMORANDUM OF LEASE STATE OF TEXAS ) )SS: COUNTY OF NUECES ) This Memorandum of Lease is made the day of , 2015, by and between CITY OF CORPUS CHRISTI, a home rule city, ("Landlord"), and SQII SPORTS & ENTERTAINMENT, INC., a Texas corporation, ("Tenant"). RECITALS.- For ECITALS. For good and valuable consideration, Landlord has leased to Tenant and Tenant has leased from Landlord certain real property situated in Corpus Christi, Nueces County, Texas, and certain rights appurtenant thereto, more particularly described on attached Exhibit A ("Premises") pursuant to that certain Lease Agreement dated effective , 2016 (the "Effective Date"). The Lease provides for the following: 1. The Term of the Lease commenced on the Effective Date and will expire at midnight on the fortieth (40`x') anniversary of the Effective Date as defined in the Lease. 2. Landlord- and Tenant may mutually agree to extend the term for one (1) additional period of twenty (20) years. 3. Landlord agrees that from and after the Effective Date, Tenant may use the Land for the construction and operation of a Regional Youth Sports Complex and any and all purposes related thereto. This Memorandum is not a complete summary of the Lease. Provisions in this Memorandum shall not be used to interpret the provisions of the Lease, and, in the event of conflict between this Memorandum and the Lease, the Lease shall control. D-1 IN WITNESS WHEREOF, the Landlord has executed and delivered this Memorandum of Lease as of the date stated above. _Tl 1 _ • ' t CITY OF CORPUS CHRISTI, a home -rule municipal corporation Attest: Name: Title: City Secretary CITY OF CORPUS CHRISTI By: Name: Title: City Manager THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me this day of , 2016, by of City of Corpus Christi, a home -rule municipal corporation, on behalf of said corporation. NOTARY PUBLIC, STATE OF TEXAS My Commission Expires: D-2 IN WITNESS WHEREOF, the Tenant has executed and delivered this Memorandum of Lease as of the date stated above. TENANT: SQH SPORTS & ENTERTAROWNT, INC., a Texas corpor 'on By: Name: _ /�L A&Tg/ 4AJ Title: eoo THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me this day of '2016, by , of SQH SPORTS & ENTERTAINMENT, INC., a Texas corporation, on behalf of said corporation. NOTARY PUBLIC My Commission Expires: D-3 EXHIBIT E MORTGAGEE PROTECTION PROVISIONS "Collateral" shall mean: (i) the Lease; (ii) all or any part of Leasehold Interest, the Improvements; and/or (iii) fixtures or other items of personal property on the Premises; that are subject to a Mortgage. "Improvements" shall mean the Improvements, as such term is defined in the Lease. "Incurable Defaults" shall mean Events of Default that cannot be cured by the payment of money or through the exercise of reasonable diligence. "Lease" shall mean the Lease to which this Exhibit is attached. "Leasehold Interest" shall mean the rights, title, estate, and interests of Tenant: (i) under the Lease; and (ii) in and to the Premises. "Mortgage" shall mean: (i) a mortgage, pledge, or grant of security interest granted by Tenant in all or any part of. (A) the Lease; (B) all or any part of the Leasehold Interest, the improvements; and/or (C) fixtures or other items of personal property on the Premises; and/or (ii) a collateral assignment of the Lease and/or the Leasehold Interest. "Mortgagee" shall mean a holder of a Mortgage, and all successors and assigns of such holder. "Mortgagee Cure Period" shall mean the period that commences upon the Event of Default and expires on the date that is ninety (90) days after the later of. (i) the expiration of the applicable notice and/or cure period under the Lease or this Exhibit; or (ii) receipt of the Mortgagee Notice. "Mortgagee Notice" shall mean a copy of any notice or demand required or permitted to be made or delivered by Landlord to Tenant. "Mortgagee Remedies" shall mean: (i) obtaining possession of all or any part of the Collateral; (ii) obtaining a receiver for all or any part of the Collateral; (iii) foreclosing a Mortgage and effecting a foreclosure sale of all or any part of the Collateral; (iv) enforcing a Mortgage and effecting: (A) an assignment of the Lease and/or the Leasehold Interest; and/or (B) a transfer of all or any part of the other Collateral; or (v) otherwise acquiring and transferring all or any part of the Collateral. "Permitted Termination" shall mean a termination of the Lease in accordance with the terms and conditions of this Exhibit, after the rights of all Mortgagees under Sections 1 and 2 of this Exhibit have expired. "Replacement Lease" shall mean a replacement of the Lease entered into by and between Landlord and the Replacement Tenant upon: (i) the purported termination of the Lease by Landlord; and (ii) a request by the Replacement Tenant in accordance with the terms and conditions of this Exhibit; which lease shall be: (i) effective as of the date of the purported termination; and (ii) upon the same terms and conditions in effect under the Lease on the date of the purported termination. "Replacement Tenant" shall mean a Mortgagee that requests the execution of a Replacement Lease in accordance with the terms and conditions of this Exhibit, its designee, or the purchaser of the Lease and/or the Leasehold Interest at a foreclosure sale. 1. Mortgagee Rights. During all such times as there is a Mortgage outstanding, and until Landlord has received written notices from each Mortgagee that its Mortgage has been satisfied or otherwise released, the following terms and conditions shall apply: (a) Tenant or each Mortgagee shall deliver written notice to Landlord when a Mortgage becomes effective, which notice shall: (i) identify the Mortgagee with respect to such Mortgage; and (ii) set forth the notice address for the Mortgagee with respect to such Mortgage. (b) Landlord shall deliver to each Mortgagee, at its notice address and in accordance with the terms and conditions of the Lease, a Mortgagee Notice. No notice or demand delivered by Landlord to Tenant shall be effective, unless and until a Mortgagee Notice is served upon all Mortgagees in accordance with the terms and conditions of this Section. (c) If there is an Event of Default with respect to the failure to pay money, then: (i) each Mortgagee shall have the right to remedy the Event of Default or cause the Event of Default to be remedied, until the date that is forty-five (45) days after the latest of: (A) the expiration of the applicable notice and/or cure period under the Lease; or (B) receipt of the Mortgagee Notice; and (ii) Landlords acceptance of performance by any Mortgagee as performance by Tenant. (d) If there is an Event of Default with respect to any obligation other than the failure to pay money, then: (i) each Mortgagee shall have the right to remedy the Event of Default or cause the Event of Default to be remedied until the expiration of the Mortgagee Cure Period; and (ii) Landlord shall accept performance by any Mortgagee as performance by Tenant. Notwithstanding any other term or condition of the Lease or this Exhibit, Landlord shall not exercise any of its rights and remedies under the Lease with respect to such Event of Default, if: (i) within the first sixty (60) days after receipt of the Mortgagee Notice, a Mortgagee notifies Landlord of its intention to cure the Event of Default; and (ii) within the first seventy-five (75) days after receipt of the Mortgagee Notice, the Mortgagee: (A) commences a cure of the Event of Default and diligently pursues such cure to completion; or (B) commences the exercise or pursuit of one or more of the Mortgagee Remedies, and: (1) after commencement of the exercise or pursuit of the selected Mortgagee Remedies, diligently exercises or pursues such Mortgagee Remedies; provided that, if the Mortgagee has commenced the exercise or pursuit of the selected Mortgagee Remedies within seventy-five (75) days after receipt of the Mortgagee Notice, and continues such exercise or pursuit, then, for a period of six (6) months after the date on which the Mortgagee commenced the exercise or pursuit of the selected Mortgagee Remedies, which period shall be extended as reasonably required by the Mortgage, such exercise or pursuit by the Mortgagee shall be deemed to be diligent; and (2) after obtaining or effecting the selected Mortgagee Remedies, commences a cure of the Event of Default and diligently pursues such cure to completion. The Mortgagee Cure Period shall be extended for the duration of any period when Landlord is prohibited under this Subsection from exercising its rights and remedies with respect to an Event of Default. 2. Replacement Lease. Notwithstanding anything to the contrary set forth in the Lease, if. (i) Landlord purports to terminate the Lease for any reason; and (ii) within ninety (90) days after the date of such purported termination, a Mortgagee requests that Landlord enter into a replacement lease with respect to the Premises, then Landlord shall enter into the Replacement Lease with the Replacement Tenant. Upon the execution of the Replacement Lease, the Replacement Tenant shall pay or cause to be paid to Landlord all amounts owing from Tenant to Landlord under the Lease, if any. Promptly after the execution of the Replacement Lease, the Replacement Tenant shall: (i) commence a cure of any other uncured Events of Default that can be cured: (A) by the payment of money; or (B) by the Replacement Tenant through the exercise of reasonable diligence; and (ii) diligently pursue such cure to completion; provided that the Replacement Tenant shall not be: (i) required to cure any Incurable Defaults; (ii) liable for or, with respect to, any Incurable Defaults; or (iii) liable for any damages, losses, or expenses (including, without limitation, attorneys' fees), incurred by Landlord in connection with any uncured Events of Default that existed before, or at the time of, the purported termination. If a Replacement Lease is executed, then, at the election of the Replacement Tenant: (i) the purported termination shall be deemed to be void and unenforceable, and shall have no force or effect as of the moment Landlord first acted to effect the purported termination; and (ii) the Replacement Lease shall be deemed to be a continuation and supplement of the Lease for all purposes. 3. Amendments. During all such times as there is a Mortgage outstanding, no amendment, modification, supplement, surrender, cancellation, or termination of the Lease shall be effective, unless all Mortgagees consent in writing to the amendment, modification, supplement, surrender, cancellation, or termination of the Lease; provided that a Permitted Termination shall be effective. Any attempted amendment, modification, supplement, surrender, cancellation, or termination of the Lease without the consent of all Mortgagees, other than a Permitted Termination, shall be void and unenforceable, and shall have no force or effect. If, in connection with any attempts by Tenant to obtain mortgage financing from a prospective mortgagee, such prospective mortgagee requires reasonable amendments, modifications, or supplements of or to the Lease as a condition to closing such financing, then Tenant and Landlord shall execute an lease amending, modifying, or supplementing the Lease as required by the mortgagee; provided that such amendments, modifications, or supplements shall not: (i) materially adversely affect Landlord, or the rights of Landlord under the Lease, in any material respect; or (ii) reduce any obligations of Tenant under the Lease in any material respect. 4. Default Cures. No term or condition of the Lease or this Exhibit shall be deemed to: (i) require any Mortgagee to satisfy any obligation of Tenant under the Lease, or cure any breach by Tenant of its obligations under the Lease; or (ii) otherwise make any Mortgagee liable for any such breach; except as expressly provided in Section 2 of this Exhibit after a Mortgagee becomes the Replacement Tenant; provided that, if there are multiple Mortgages outstanding, then only the Mortgagee that becomes the Replacement Tenant may be: (i) required to satisfy any obligation of Tenant under the Lease, or cure any breach by Tenant of its obligations under the Lease; or (ii) otherwise liable for any such breach; and then only to the extent of the express provisions set forth in Section 2 of this Exhibit. wol LEGAL DESCRIPTION OF OPTIONAL TRACT (To be provided by City) WN0111:3 1 TENANT'S INSURANCE REQUIREMENTS (To be provided by City) 49 11 I� �t sacs AGENDA MEMORANDUM First Reading for the City Council Meeting of September 20, 2016 Second Reading for the City Council Meeting of September 27, 2016 DATE: September 7, 2016 TO: Margie C. Rose, City Manager FROM: Stacie Talbert Anaya, Interim Director, Parks and Recreation Department StacieT(d-)cctexas.com 361-826-3464 FY17 Community Youth Development Program Contract Extension Amendment CAPTION: Ordinance ratifying execution of Community Youth Development program contract extension amendment with Texas Department of Family and Protective Services from September 1, 2016 to May 31, 2017 in the amount of $355,156.38; authorizing appropriation in the No. 1060 Grants Fund for the Community Youth Development Program; and authorizing extension of subcontracts with Youth Odyssey, SERCO of Texas, Communities in Schools, and Boys & Girls Club of Corpus Christi. PURPOSE: For FY17, the State awarded the City $355,156.38 to continue services for the term of September 1, 2016 to May 31, 2017. The State opted to extend all current contracts through May 31, 2017. For FY2017, we are continuing services with the same 4 subcontractors for the 9 month grant extension. The total for the subcontracts will be $246,040. As fiscal agent, the City's portion will be $109,116.38, to maintain the program. BACKGROUND AND FINDINGS: On 8/31/2010, M2010-198, The City entered into a new contract term with the Texas Department of Family and Protective Services (TDFPS) for youth services from September 1, 2010 — August 31, 2011 with the option to renew the contract on an annual basis for a total contract term not to exceed 54 months. In FY12, the City's Purchasing Department released a Request for Proposals (Bid Invitation No. BI -0134-11) for providers to service the youth of 78415 with services including but not limited to Youth Leadership Development, Youth Advisory Committee, Mentoring and Recreation. A review committee was formed and reviewed 11 proposals in which 4 were recommended for award. Based on those recommendations and continuing service, for FY2017 we are offering an extension of services with funding based on the approved budget from the FY17 RFP. The Texas Department of Family and Protective Services (DFPS) funds the Community Youth Development (CYD) Program in fifteen zip codes throughout the State. The City of Corpus Christi has been allocated $355,156.38 in program funds for 2017, Contract Period September 1, 2016 through May 31, 2017, to be used in the 78415 ZIP Code. ALTERNATIVES: Do not approve ordinance. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This award conforms to all City purchasing policies and procedures and State statues regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Purchasing Department; Legal Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015 & 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount This item $355,156.38 1 $0 $355,156.38 BALANCE $355,156.38 1 $0 $355,156.38 Fund(s): Grant Fund 1060 Comments: For FY17 the funded amount is for a nine month period. The subcontractor contract extensions are processed through the City's Purchasing Department. RECOMMENDATION: Staff recommends appropriation of the grant money. LIST OF SUPPORTING DOCUMENTS: Ordinance, State Contract Ordinance ratifying execution of Community Youth Development program contract extension amendment with Texas Department of Family and Protective Services from September 1, 2016 to May 31, 2017 in the amount of $355,156.38; authorizing appropriation in the No. 1060 Grants Fund for the Community Youth Development Program; and authorizing extension of subcontracts with Youth Odyssey, SERCO of Texas, Communities in Schools, and Boys & Girls Club of Corpus Christi Be it Ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. That the execution of contract extension amendment with Texas Department of Texas Department of Family and Protective Services for funding for September 1 2016 to May 31, 2017 in the amount of $355,156.38 is hereby ratified. Section 2. That these funds described in Section 1 are appropriated in the No. 1060 Grants Fund for the Community Youth Development ("CYD") Program for the 78415 area. Section 3. That the City Manager or designee is authorized to execute extensions of the following CYD subcontracts with contract periods of September 1, 2016 through May 31, 2017 with funding as follows: Youth Odyssey - $29,640.00 SERCO of Texas - $103,338.89 Communities in Schools - $70,047.92 Boys & Girls Club of Corpus Christi - $43,013.19. TOTAL - $246,040 Attest: City of Corpus Christi Rebecca Huerta Nelda Martinez City Secretary Mayor 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 ATTEST: Rebecca Huerta City Secretary day of '2016. Nelda Martinez Mayor COMMISSIONER H. L. Whitman, Jr. TEXAS DEPARTMENT OF FAMII.Y AND PROTECTIVE SERVICES September 2, 2016 Becky Perrin, Assistant Director, Parks & Recreation City of Corpus Christi 615 Leopard Ste. 105 Corpus Christi, TX 78401 RE: Fiscal Year 2017 Community Youth Development (CYD) Contract Extension Amendment Contract #: 24186672 Dear Mrs. Perrin: Enclosed is the fully executed FYI Contract Extension Amendment between City of Corpus Christi and the Texas Department of Family and Protective Services (DFPS) to provide services for the Community Youth Development (CYD) program. Thank you for your cooperation during the process of finalizing the FY 17 Contract Extension Amendment. I am looking forward to working with you this year. If you have any questions or concerns, please contact me by phone at 512-840-7828 or via email at carol.gordon@dfps.state.tx.us. Sincerely, CAAQ-Q-1 Q>Dl)d &W -L Carol Gordon, CTCM Contract Manager Division of Prevention and Early Intervention (PEI) Enclosure(s): Form 9077 Contract Amendment FY 17 Performance Measures Form 2030 Budget FYI 7 Plan of Operation Cc: Matthew Delgado 701 W. 51ST STREET ♦ P. O. Box 149030 ♦ AUSTIN, TEXAS 78714-9030 • (512) 4384800 An Equal Opportunity Employer and Provider Texas Dept. of Family Purchased Client Services Contract Form 9077 and Protective Services Amendment October 2013 Contract #24186672 Amendment #1 The Texas Department of Family and Protective Services, hereinafter referred to as the Department, and City of Corpus Christi, hereinafter referred to as the Contractor, entered into a contract effective 3/1/2015 for the purpose of providing Community Youth Develo m nt Program services with a payment type of Cost Reimbursement. The contract dated 3/1/2015 and all prior amendments and renewals are referred to herein as the "Original Contract." This AMENDMENT (Amendment) of contract #24186672 (Agreement or Contract), is entered into by and between the Texas Department of Family and Protective Services (DFPS or the Department) and City of Corpus Ch, risti {Contractor). I. Purpose Section 1.36 of the Agreement stipulates that the Contract may only be modified through a written amendment mutually agreed upon and signed by both parties. DFPS procured this Contract under 530-15-0004 for Community Youth Develo ment Program services and has been amended 0 times, Both DFPS and the Contractor agree that the contract should be amended in order to extend Community Youth Development Program services. 2. Effective Date of Contract. Section 1.2 of the Original Contract is deleted in its entirety and the following substituted for the same: The effective date of the contract is September 1, 2016 to May 31, 2017. 3. Contract Amount. Section 1.3 of the Original Contract is deleted in its entirety and the following provision substituted for same: DFPS will pay the Contractor u to $355.156.38 from available funds for services rendered in accordance with the terms of this Contract upon receipt of a proper and verified statement and after deducting any known previous overpayment made by the Department. 4. Performance Measures and Plan of Operation The FY 2017 Amended Performance Measures attached to this amendment replaces the FY16 Performance Measures, The FY 2017 Plan of Operation, Section B, Contract Outputs, is amended and replaced with the following output amounts for. • Average number of target youth to be served monthly: 300 • Number of unduplicated target youth to be served annually: 600 Pagel oF3 Texas Dept. of Family Purchased Client Services Contract Form 9077 and Protective Services Amendment October 2013 5. Notice of Funding. Section 1.18 of the Original Contract is deleted in its entirety and the following substituted for the same: Contractor may not use "DFPS", "Department of Family and Protective Services" or the DFPS logo on outreach materials, forms or other material provided by or distributed by PEI contractors. 6. DFPS Background Check Policy. Section 1.35 of the Original Contract is deleted in its entirety and the following substituted for the same: Contractors must submit criminal abuse and neglect history information for background checks electronically through the DFPS Automated Background Check System (ARCS) according to the instructions in the user guide located at: hftp://www.dfps.state.tx.us/documents/PCS/ABCSUserGuideFY09.pdf unless contractor is a residential operation regulated by Child Care Licensing and is required to conduct background checks on its staff and volunteers, according to Licensing rules. See: 40 Texas Administrative Code, Chapter 745, Subchapter F 5300 Central Registry and Criminal History Searches, Licensing Policy and Procedure Handbook 6.1. Disclosure and Release. Contractor will disclose and release, or cause its employees, subcontractors, and volunteers with direct client contact and/or access to client records to disclose and release, any allegation made against that employee, subcontractor, or volunteer alleging the commission of 6.1.1, an act of abuse, neglect, or exploitation of children, the elderly, or persons with disabilities; 6.1.2. criminal history or any current criminal indictment (for felonies) or information (for misdemeanors) involving an offense under the Texas Penal Code against: 6.1.2.1. the person; 6.1.2.2. the family; 6.1.2.3. public order or decency; 6.1.2.4. public health, safety, or morals; or 6.1.2.5. property; 6.1.3. an offense under Chapter 481 of the Texas Health and Safety Code (Texas Controlled Substances Act); or 6.1.4. any act or offense that can reasonably be associated with potential risk of harm or loss to the Department and/or its clients based on the job duties or contractual role(s) of the person in question at any time during the contract period. 6.2. Method of Disclosure and Release. This disclosure and release is required of all individuals who have, or will have, direct contact with clients and/or access to client records, prior to such contact or access and will be accomplished through the use of: Pnge 2 of 3 Texas Dept. of Family Purchased Client Services Contract Form 9077 and Protective Services Amendment October 2013 6.2. 1. a criminal history background check; 6.2.2. a DFPS abuse and neglect history check; and 6.2.3. a signed disclosure and release by each person attesting to this information, which will be maintained by Contractor, available for review by the Department, and renewed at intervals not to exceed 24 months while the Contract is in effect. 6.3. Direct Contact with Clients. Contractor will prevent or promptly remove any employee, subcontractor, or volunteer from direct client contact and/or from access to client records who is alleged to have committed any act listed in this Contract. If it is determined with certainty that the person in question has not committed the acts or offenses alleged, that person may again be assigned to direct client contact and/or access to client records. However, the Contractor or subcontractor will notify the Department of its intent to do so no later than ten (10) business days and receive Department approval prior to the reassignment. Contractor or subcontractor must provide the Department with further information concerning the reasons for the reassignment upon the request of the Department. if the person in question is found to have committed any of the acts or offenses listed in this Contract, that person will not be reassigned to duties involving any direct contact with clients and/or access to client records. 7. Effect of Amendment on Contract Unless otherwise modified, the terms and conditions of the Contract shall remain in full force and effect_ The parties to Contract #24186672 have duly executed this Amendment to be effective September 1 2016. Texas Department of Family and Protective Services 6-12" i�� - Signature Printed Name: Sasha Rasco Title: Associate Commissioner Date Pegc 3 of 3 Contractor: City of Corpus Christi �ED Signature Printed Name: Becky Perrin Title: Assistant Director. Parks & Recreation Date FY 2017 Performance Measures for Community Youth Development (CYD) Program City of Corpus Christi Procurement Number: 530-15-0004 Attachment I Goal of the Contract: To prevent delinquency in Target Youth Output Measures Output #1: The expected average number of Target Youth that are served monthly. Performance Period: Contractor performance for this output is determined for each month of the contract period, either wholly or partially, depending on the contract start and end dates. Indicator: Average number of unduplicated Target Youths served in the Contractor's CYD Program each month Target: 300 Purpose: To evaluate the Contractor's effort at providing services to youths in the CYD Program Data Source: PETS Database Methodology: The numerator is the total number of unduplicated Target Youths served by the Contractor during the most recent completed month, added to the total number of unduplicated Target Youths served by the Contractor during each previous completed month (if any). The denominator is the total number of completed months. Divide the numerator by the denominator. Output #2: The expected number of Target Youth that are served during the contract period. Performance Period: Contractor performance for this output is determined annually each state fiscal year but measured quarterly, year to date, for one or more of the following periods of the state fiscal year, wholly or partially, depending on the contract start dates; September 1 through November 30; December 1 through February 28129; March 1 through May 31. Indicator: Total number of unduplicated Target Youths served in the Contractor's CYD Program during the contract period. : 600 Purpose: To evaluate the Contractor's effort at providing services to youths in the CYD Data Source: PETS Database Methodology: Total number of unduplicated Target Youths with unique client ID numbers that were served by the Contractor during the contract period. Output #3: Completed Satisfaction Survey Questionnaires are obtained from eligible Primary Caregivers of 6-9 year old children. Performance Period: Contractor performance for this output is determined annually each fiscal year but measured quarterly, year to date, for one or more of the following periods of the state fiscal year, wholly or partially, depending on the contract start and end dates: September 1 through November 30; December 1 through February 28129; March 1 through May 31. _ Indicator: Percentage of eligible Primary Caregivers of 6-9 year old Target Youths served in the Contractor's CYD Program from whom completed Satisfaction Survey Questionnaires is obtained by the Contractor Target: 50% To evaluate the Contractor's effort at obtaining outcome data Data Sources: PEIS Database Methodology: The numerator is the number of eligible Primary Caregivers whose 6-9 year old children were served during the contract period from whom completed questionnaires are obtained. The denominator is the total number of eligible Primary Caregivers whose 6-9 year old children were served by the Contractor during the contract period. Divide the numerator by the denominator, multiply by 100 and state as a percentage. Output #4: Pre -Service and Post -Service Protective Factors Survey Questionnaires are completed by the 10-17 year old Target Youths served. Performance Period: Contractor performance for this output is determined annually each state fiscal year but measured quarterly, year to date, for one or more of the following periods of each state fiscal year, wholly or partially, depending on the contract start and end dates: September 1 through November 30; December 1 through February 28129, March 1 through May 31. Indicator: Percentage of eligible 10-17 year old Target Youths served in the Contractor's CYD Program from whom completed Pre -Service Protective Factors Survey Questionnaires and matching Post -Service Protective Factor Survey Questionnaires are obtained by the Contractor Target: 60% Purpose: To evaluate the Contractor's effort at obtaining outcome data Data Sources PEIS Database Methodology: The numerator is the number of eligible 10-17 year old Target Youths served by the Contractor during the contract period from whom completed Pre -Service Protective Factors Survey Questionnaires and matching Post -Service Protective Factor Survey Questionnaires were obtained. The denominator is the total number of eligible 10-17 year old Target Youths served by the Contractor during the performance period. Divide the numerator by the denominator, multiply by 100 and state as a percentage. Outcome Measures Outcome #1: Primary Caregivers of 6-9 year old children are satisfied with the Contractor's CYD Program services received. Performance Period: Contractor performance for this outcome is determined annually each state fiscal year but measured quarterly, year to date, for one or more of the following periods of the state fiscal year, wholly or partially, depending on the contract start and end dates: September 1 through November 30; December 1 through February 28129; March 1 through May 31. Indicator: Percentage of Satisfaction Surveys Questionnaires completed by Primary Caregivers of 6-9 year old children with average scores of five or higher for the first five items. Target: 80% Purpose: To evaluate the Contractor's success at providing services that are perceived as satisfactory by Primary Caregivers of 6-9 year old children. Data Sources: PEIS Database Methodology: The numerator is the number of completed DFPS Satisfaction Survey Questionnaire for the contract period with an average score of five or higher for the first five items. The denominator is the total number of completed Satisfaction Survey Questionnaires for the contract period. Divide the numerator by the denominator, multiply by 100 and state as a percentage. (The Contractor must meet or exceed the target for Output #3 in order to achieve the target for this outcome.) Outcome #2: 10-17 year old Target Youths report an increase in the protective factors. Performance Period: Contractor performance for this outcome is determined annually each state fiscal year. Indicator: The number of Protective Factors Survey subscales (protective factors) for which 10-17 year old Target Youth indicate an absolute increase by comparing Pre -Service Protective Factors scores to Post -Service Protective Factors scores obtained during the state fiscal year. Target: One protective factor for which 75% of 10-17 year old Target Youths indicate an absolute increase (The Contractor's ability or inability to meet or exceed this target will not be the sole means for assessing their success in providing the contracted client services. DFPS reserves the right to revise the target for this outcome measure for any subsequent contract periods based on statewide Contractor performance data.) Purpose: To evaluate the Contractor's success at increasing protective factors in the 10-17 year old Target Youth who are served by the Contractor's CYD Program Data Sources: PEIS Database Methodology: For each eligiblel0-17 year old Target Youth from whom both Pre- and Post -Service Protective Factors Survey Questionnaires are obtained by the Contractor during the state fiscal year. 1. Calculate the subscale scores for both the Pre- and Post -Service Questionnaires per instructions in the Protective Factors Survey User Manual. 2. For each 10-17 year old Target Youth, subtract the subscale scores in the Pre -Service Protective Factors Survey Questionnaire from the corresponding subscale scores in the Post -Service Protective Factors Survey Questionnaire to determine an absolute increase, if any. 3. For each subscale, count the number of Post -Service Protective Factors Survey Questionnaires that indicate an absolute increase. 4. For each subscale, the numerator is the number of Post -Service Protective Factors Survey Questionnaires that indicate an absolute increase in that subscale score (protective factor). The denominator is the total number of Post -Service Protective Factors Survey Questionnaires completed by eligible10-17 year old Target Youth. Divide the numerator by the denominator, multiply by 100 and state as a percentage. 5. Count the number of subscales (protective factors) for which the percentage equals 75% or more. (The Contractor must meet or exceed the target for Output #4 in order to achieve the target for this outcome.) Outcome #3: 10-16 year old Target Youths served in the Contractor's CYD Program will not engage in delinquent behavior. _ Outcome Performance Period: Contractor performance for this outcome is determined annually each state fiscal year. Outcome Indicator: Percentage of 10-16 year old Target Youths that are not referred to a county juvenile probation program while registered in and receiving services from the Contractor's CYD Program during the state fiscal year. Outcome Target: 95% Purpose. To evaluate the Contractor's success in providing services that deter delinquent behavior in 10-16 year old Target Youths receiving services from the CYD Program Data Sources: Texas Juvenile Justice Department database and PEIS database Methodology: The numerator is the total number of unduplicated 10-16 year old Target Youths served in the Contractor's CYD Program during the contract period who were also referred to a county juvenile probation program while registered in the Contractor's CYD Program. An existing protocol for matching youth data maintained in the CYD database with youth data maintained by the Texas Juvenile Justice Department database will be used to establish the numerator. The denominator is the total number of unduplicated 10-16 year old Target Youths served in the Contractor's CYD Program during the performance period. Divide the numerator by the denominator, subtract this number from one, multiply by 100 and state as a percentage. Definitions Absolute Increase — A documented increase in the score for the Post -Service Protective Factors Survey Questionnaire relative to the corresponding score for the matching Pre -Service Protective Factors Survey Questionnaire. Completed Protective Factors Survey Questionnaire — For the Youth (age 10-17) Protective Factors Survey Questionnaire, the Youth must have responded to a minimum of 20 items. Eligible (to respond to the Post -Service Protective Factors Survev Questionnaire) — A 6-17 year old Target Youth that has completed a Pre -Service Protective Factors Survey Questionnaire and; • Completed the prescribed CYD Program; or • Participated in the CYD Program for 12 months from the date the Pre -Service Protective Factors Survey Questionnaire was completed; or • Exited the CYD Program. (The "Exited" option is used in calculating results only for Output measures #3 and #4. Eligible (to resoond to the Pre -Service Protective Factors Survey Questionnaire) — A 10-17 year old Target Youth must be newly registered into the CYD Program during the current performance period. The youth's age is calculated as of the date of registration in the contract period assessed. Eligible (to respond to the Satisfaction Survey Questionnaire) - A Primary Caregiver of a 6-9 year old child that has: Completed the prescribed CYD Program; or Participated in the CYD Program for 12 months; or Exited the CYD Program Exited - A 10-17 year old youth OR a 6-9 year old child who stopped accepting services during the output performance period without completing the program. Post-Service Protective Factors Survey Questionnaire — A tool identical to the Pre-Service Protective Factors Survey Questionnaire administered to the 10-17 year old Target Youth following the receipt of services and designed to assess changes in the levels of the Target Youth's protective factors. Pre-Service Protective Factors Survey Questionnaire — A tool administered to the 10-17 year old Target Youth prior to the receipt of services and designed to assess the levels of the Target Youth's protective factors. Protective Factors — Personal characteristics or environmental conditions that interact with risk factors to reduce the likelihood of problem behaviors. Subscale — Groups of questions on the Youth (age 10-17) Protective Factor Survey Questionnaire indicative of one of five protective factors: Family Bonding/Communication; School Involvement; Individual Self-Esteem/Self- Efficacy; Positive Peer Association; Community Involvement. Target Youth — Youth through 17 years of age who live in and/or attend school in one of the designated ZIP Code areas or attend school at another eligible public middle or high school located outside of the designated ZIP Code area that has at least 30% enrollment from the designated ZIP Code area as determined by DI=PS. Unduplicated Target Youth — A Target Youth with a unique client ID number who receives at least one service is only counted one time during the performance period. T, --.as Deparzarenr al Fc.pili and Prarecth a Sen rens Fewin 203OPEI ,filar 31 :016 Budget for Purchase of Service Contracts Cumnt Approved Budget (Reimbursable) SUMMARY Contractor: City of CorpusChristt S000 Contract X 24186672 SON C ntractPeriod: 09101/2016-05.31 =017 S000 PAC k 310D0 S000 Program , JCYD S0 00 $000 Original Approved 2030 S7.12530 Cast Categories (A.) (B ) (C ) Reimbursable Other (Alatch) Program Total (I A) Personnel -Salaries 560,097.72 $0 00 S60,097.72 ( i 13) Personnel - Fringe Benefits - by Employee 523,868,88 S000 S23,96888 (I C) Personnel - rringe Benefits - by Type 50.00 S000 S000 (2) Travcl 53.504,48 S000 S3,50448 (3) Supplies and Controlled Assets S14,520.00 S000 514,520 00 (4) Capital Equipment (greater than S51:) 50.00 SO 00 50.00 l5) Other Costs 57,125.30 5000 57,12530 (61 Contractual $246,040.00 S0.001 S246,04000 Direct Casts Total 5355,156.38 SO.00 S355,15638 Indirect Costs Total SO.00 S000 S0 00 TOTAL 5355,156.38 50100 5355,15638 Program Allocation 100% it°„ 1009. Certified By: Name Title: a, Date 8123/2016 Cumnt Approved Budget (Reimbursable) Current Approved Budget (Match) S60,097.72 S000 S23.868$8 SON S000 S000 S3.50448 S000 S14,52000 S0 00 $000 SON S7.12530 SON S246,04000 SO 00 S355.15638 S000 SO O0 S000 5355,156.38 SO.00 FY17 Contract Budget Cohleaicur City of Corpus Christi DFi`3 AC rr 31000 Community Youth Development Program Total DEPS Contractual Obligation : $355355.38 PERSONNEL - S. LI RIES 1 Program Manager(Matt) 2 Administrative Assistant (Hilda) Total Match Contract Budget Period Budget Prepare, Candying Approver Orin Contract Budget 32,38263 $0.00 9/01/2016 to 05/31/2017 Matthew Delgado Becky Perrin MOth0iakagyfor Contract Budget 7fars4ttv9 A full-time (40 hours a weekl CYD Fashion responsible for preparing correspondence, plans, contracts, aggreements, budgets. and monitoring reports all related 10 CYD Monitors subcontractor and fiscal agent budgets and expenditures and ensures contract compllance. Conducts annual subcontractor formal monitoring and quarterly site v1160. Collects and analyzes data to monitor contract compliance Works with subcontractors on resolving problems and answering questions. Oversees the management of database on CYO panklpantu. Reviews monthly subcontractor Wings and reports for payment processing. Performs Community Outreach by creating collaborative relationships. Maintains an Inventory list. In addition. This position also assists In CYO data entry as needed. 10014 time spent on CYD. 19,007.32 A fu;. time 140 hours a week) CYD posh.sn responsible for all data entry Into the PETS database system and assisting the CYO Program Manager. Also responsible lar maintaining files, assisting with community events and sense correspondence with providers. 100x time spent on CYO. 3 Accountant (Adrlannal 1,707.77 Full -lune (40 hours a week) position responsible for processing payment requests to vendee and subcontractors. Records and reports expenditures and processes time reimbursement kir Fiscal Agent 9-10 hours per week (25%1 spent on CYD. Total $ 60,097.72 FRINGE by ENIPLOYEE DFPS Contract Budget Methodology for Contract Budget Narrative I Program Manager IMate] 14,589.39 TM95 lretirement) percentage on lulbtime salary for Program Manager 543.176.64 a 19 9351m$13,419.49; FICA percentage -$43,176,84 a 7 65x-53,303.03: Health insurance $565 x 12monlhs•$6,780.00, Worker's Compensatlon•540 0 26 pay periods -$1040.00 2 Administrative Assistant (Hilda) 9,279.49 TMAS (retirement) percentage on full-time salary for Adminstralive Assistant 525,343.09 K19.50%44,941.91. FICA percentage -525,343-09 7.65%41.938.75, Health Insurance -5371 a 32monthm$4,452.00; Worker's Compensation -54O n 26 pay periods=51040.00 3 Accountant (Adrianne) Total 5 23,666.66 Fringe benefits for the Accountant are being paid by the City of Corpus Christi and not being charged to thlu contract. TRAVEL DIPS Contract Budget Methodology for Contract Budget Narrative Mileage 1,140.48 Loral mileage-100miks a 50.54 a 9monthm$486.00-Local travel by the CYO Program Manager and Adminstrative Assistant wit be al a rate of $0.54/mile, estimated miles of travel 10 subcontractor sites to coordinate and monitor programs.. Partners in Prevention Conference -Aug in, 19 434 miles a 50.54.5234.36; Stregthening Youth and Families Conference- Arlington, TR 778 miles a $0.51.5420.12 Meals 504,00 Partners In Prevention Conference -$180.00 -Per diem 12 staff a 2 day • 5271. (2 staff a 1 days a $361; SIiegthening Youth and Families Conference -5324.00- 12 matt 02 clay a 5271•(2staff x3days u536) LOd(IM 1,860.00 Partners in Prevention Conlerence•5620.00-)2 rooms 02 nights' 5132/night) • 12 rooms a 2 nights a $231a.); Stre'glhening Youth and Families Conference - 51240.00 -12 rooms a 4 nights a $132/nIghtl • (2 rooms a 4 nights' $23taa) Total $ 3,504,40 FTE Allocations kcaI s.'.rr Fit °-.tv-r i,..!,elo r.M.ilr.ra.mite rlrs Carourl I.'r+h p.,ef I.ir S 43.176,84 as S 15.34309 5 46.44L43 1.03 $ 114,96136 T.n.l rr.y,p„ 1 P1 v. sm. asasr.rscrx W.. ,d ,......... rrYYr%0 VJrEtr.Jrns I:',--:htl xx.-.n Salary SUPPLIES a CONTROLLED ASSETS DI PS COseiratt BuW1 Office Supplies 1,350.00 hyethoiroloay for Contract Budget yfarrativg Office supplies to be utilised by the CYO Program Manager and Administrative Assistant In overseeing all projects under the Community Youth Development Program. Office supplies including but not limited to paper, pens, pencils, note pads, fotden, printer cartridges, binders, mit supplies and kerns for CYD meetings, subcontractor trainings, publications and correspondence. $223 a 9monthsa$t,350.00. Figure is based oh hist mlcal usage from previous years_ Outreach Materb s/Pycgcam literature 1,960.00 Community Awareness for the C50 program will be done Throughout the 76415 area including attendance at community events and school functions, Al these events, we will be distributing small nems to spread the CYD message and to recruit youth far our CYD programs. Hems to be purchased will Include CYO logo and phone number and will Include such items not limited to pens, pencils, lenyads and notebooks to be distributed to participants at events. This also Includes supplies In conduct communfy meetings and attend school events at the two high schools, four middle schools, eight elementary and one specially school. items for community events include but are not limited to decorations, hennas and acthrity supplies. Figure is based on past years usage. High schools -500 hems p $1.08.5510.00,MIddle Schools -1,000 items p 51.08n$1,080.00; Elementary Schools— 500 items p 50.66.5330.00 Technology (cordrdled assets) 720.00 The City implemented a computer leasing policy to keep computers current 10 meet specifications and current. CYO will have to replace the existing computers byconvertingto lease computers. Program Manager Laptop computer on docking station IL monkon545/month x 9months.$405 Ni; Administrative Assistant: Desktop computer 6, rnonkor$35/month a 9months$$315.00 500.00 Costs associated with the purchase ol food, drinks and/or snacks for youth that attend CYD Colla beret he Committee meetings. Youth attendance 1018 monthly meetings average about 8 youth. We invite a number o1 YAC students In attend meetings and get a feel for Collaborative Committee meetings and to yoke their opinion on programming. In eddiit'nn, as part of Community Outreach, the CYD attends schools festivals. 5 Collaborative meetings p $50; 5 school feu irals p $50 10,000.00 Tota! $ 14,520.00 CrAPITAL EQUIP_ 1ENT (greater than $Ch} IMPS Conirad FudR1T This contract period 78415 CID will be purchasing 1000 shirts for 1000 CYD part kipants. Shirts will be distributed through subcontractors during registration of youth as Incentive for participation and as a means of future outreach P3cilsoln ogyfos Contract Bodret Narrative Total POkage •Caples 1.WPS Catstra 1 t}udgot 112.50 Methodology Ice CerMrafl Oodget canaille Costs associated with mailings and deliveries of CYD documents. Fiscal agent is charged per piece, not cost allocation. The estimate of 50.50 per piece is an average cost which Includes processing the outgoing mall plus postage. 25 pieces a $0.50/piece a 9monthse5112.50 540.00 Costs for copying documents for CYD meetings, programming and copies to the State. Fiscal agent is charged per copy ata rate or $0.06 each, not by cost allocation. The estimate ol 50.06 per copy Includes the City of Corpus Christi lease agreement and the maintenance contract. 1000copies/month a 50.06 ■ 9inonthsaS540.00 Recruitment costs 600,00 Costs associated with recruiting for the CYO program throughout the year including extra pushes for summer programs. This includes visiting school events in the 7E1415 area that are held In the tall and end of year events. This gives opportunity to visit with each school, meet leachers and parents a1 the schools and engage the youth through activities while learning about CYD programs. This also allows us to showcase programs, perform surveys, increase recruitment and promote awareness of the CCC. Costs associated with these events Include but are not limited to booth costs, decorations and supplies. Booth costs- 3 events p5150 each s Booth supplies -3 events p 550 each.$600.00 Leadership recognition event 1,300.00 Towards the end of the year, we provide a Leadership Recognition event for appro.lmately 50 CYO youth. This event will Invle CYO youth to be recognhed for the lobs/community service that they provided in their commulty Throughout the year. Costs will Include but not Ilmtted to a speaker, projector. sound system, facility rental, award certificates and decorations. Figures are based on historical data. Facility Rental -$500; Presentation servkes-$150; Cenllk..tes-5150; Catering -5500 Needs assessment costs 610.00 The Community Needs Assessment will require special meetings with the YAC and CCC. A youth surveywitl be distributed to YAC peen and community surveys will be distributed through the OCC In the 78415 zip rode. Incentive to complete the survey for the youth wilt Include a small item such as a CYO wristband, CYD tag or similar Item In cost. In the past, these gems have helped lo bring In more surveys and have offered mare incentive lo the YAC students to approach their friends and peers. In addition, the CYD program *Weight assistance from Or, Philip Rhoades at Texas A&M University -Corpus Christi for compilation of data fora more comprehensive Community Needs Assessment. Connate based an historical data. Incentives- 600 items e S0 60.5360; Ilan campilatlon-$250. Registration fen 760.00 Registraian fen for attending conferences. Partners In Prevention Conference-2staff a 5105/staff; Street haling Youth and Families Conference- 2stafl s 5275/staff Lease 3052.80 The CYO fac8sty Is located at a City of Corpus Christi Parks and Recreation rental office area located at 615 Leopard 5TE. 105, Carpus [hNstl, TX 78401. The space that is utilized ler CYO business is320 square feet The monthly .ase amount paid to Wilson Ptaza Associates LP Is $5,083.33 This amount includes utilities and electricity Lease/Rental Breakdown: CYO Office square footage -320. Total square kooky for fac1llty-4,802, Monthly rens $5.1183.33; $5,083.33/4,602 sq R. $1.06/sq R; 320 sq R a $1.06.5339.10; $339.20/month a 9monlhsa53,052.80 Cultural Compelenrytralning 150 M required by the grant contract everyone involved with CYD must be trained in Cuhural Competency We will enlist the assistance of a speaker in order to fulfill this portion of the rrmtract. t ast based on histrrkaI data Lpeaker-$150/3 hour presentation TOW! $ 732530 L R-rOT,%L E'.x£tudillgStOroriiItii10T5 OEM Contract Rosa, $ 109,116311 loorthoctclarit for Centratt Budget NerratIvr C.ON 1 R:'id ..I I. Al. - UFPSCantJan Sub L -u111 r O C (11'4 BUOg4t Boys IS Girls Club of the Coastal Bend 43.013.19 Malhadalatylar ratatTait Budget Narretzve see corresponding tab for budget detail Communities In schools of Coastal Bend 70,04732 see corresponding tab for budget details tERCOofTexas 103,33839 set coerespondkrgtab for budget details Youth Odyssey 24,640.00 see corresponding tab for budget details .- .... Toto! $ 246,040.90 541b.6:1CSace.:::r Casts added to the Indirect Cost Ca rculation INDIRECT COST'S arm [awtratt thddolo yfar 8udsct [antrasr &Om t rfazrarIo0 0% - Indiren Cost Rate adjustment - TbWf $ - Subcontractor Expenses Added to indirect Cost Budget .4.1117.11.1b,1 Waall'Wnount sablo, a w..n teal n,:a FY17 Subcontractor Budget Contractor Boys & Gids Club of the Coastal Bend e 31000 Total OFPSContractual Obllgation $43,013.19 Total Match $0.00 Contract Budget Period 9/01/2016 to 95/31/2017 SudBet Preparer Nikkl Kifuki Cert0ving Approver Andrew FitspatricA t L:nh Dior Inr_ 16,67SA0 Overall responsible for program Implementation and reporting 2. Pragram Managef 18,56250 Olrectly responsible for program implemelistion and reporting 3, Membership Coordinator I 4,38953 IFtesponsIble for registration larm and data collection Totals C S 39AUM FTE AIlImflons 45,000,00 1 1 50% Im 9 33,000,00 1 75% 0% 9 19,509,00 1 30%0% 9 tolyl lrtnf. N, [mpby.. Rr -4—'a t. Of rS Cunha A•x.a'+II. maMrn an rlsrrY. [wttr.tt FY17 Subcontractor Budget Contractor Communities In Schools of Coastal Bend , . 31000 Total OFPSCoMractualObligation $70,047.92 Total Match $0.00 Contract Budget Period 9/01/2016 to 05/31/2017 BudgetPreparer OdllfaFloeres Certlfying Approver Gloria Taylor FTE Allocations '.RIES Amount Contract Reimbursementr finator • 5. Park 23,286.00 SNB Coordinatorsart responsible for their awn ampus to main home visits. S 31,048.00 1.00 100% o% 9 finator • Hicks Elementary 21,630.00 Site Coordinators are responsible to make home visits. they will prepare, Coordimte. S 28,840.00 1 1.00 1 tlau 0% 9 site Coordinator 3.0,300.00 Assists Site Coordinator throughout the school year with CYO participants and their S 13,786.67 1 1.00 1 100-A 0% 9 7etb$ S 35,256.60 3fffce Supplies 503 00 Approximately 555.55 a month based on prior years. To purchase supplies such as but rot limited to office supplies, Copy paper, pens, pendls staples, staplers, scotch tape Approximately SA9,135 per mens sr on prior years. To purchase supplies such at Program suppllos 442.22 but not limited to Still 6 crafts, school supplies to supply the children as needed such as writing tablets, folders, binders, science project boards, crayons, construction paper. Moab S 942211 Other - Insurance 1190.00 Ito cover for Parte pant Insurance rpuned by Contract. Other - stealthy Snacks 1, 466.0a Approakmately $162,89 based on prior years. To purchase healthy snacks for CVD - a ahrr an -rin or roeca. Torah IS Lamm FY17 Subcontractor Budget Contractor SERCO of Texas 4 • 31000 Total DFPS Gninctuai Obligation $103,338.89 Total Match $0.00 Contract Budget Period 9fO1f20161a ��i31liD17 Budget Piaparer Nancy Bonitla Certitying Approver Manual Ugues r�.i st.rr roe esr,�4q .. t-rt•r�. r:�, ,..,*-ems canrom,:,+ OF PS C[Iffi]Wt Mellhodology,on MileHe 972 200 miles per month a 54/mile e 9 months SedalSearltytFICA) Program Lalson-MedicareIS12,60D•1.45%j,1B2- ;Sada 103783 Seanity(S1I600.6.2%)•78129;Fiscal Program Analyst, Medlcarel$1,620•IAS%)=23A9;SocblSecurlty(1620.6.2%)•100.44; r rIM2,70,701 30-n as - I4 State Unemployment Tam Act(SUTA) 13576 Progral Llasen-(9100014.19%)•30%• 511313, Fiscal Program Analyst •a 1 I63 3. 3. 2.. = 76 i Retirement ' 399,00 Program Ueron-I550.19Pay 1,U 28500, Fiscal Program Analyst (5100.19 dads • 4 - N1 . .399.dy. insurance -Medial 226800 Program Uason-1$700.9 months) -30%-1,890 00; Flsca Program Analyst 15700+9 -3 ♦ 268.00 +Uason-(12,600' inwrence•Waker'a famjlensaNan Program 1.472%)•185,47, Fiscal Program Analyst. 204,32 5A7+ 3. 5 = SOM Insurance-Unompbtmrent 5172 Program Uason 17,000•.6%)+42.00; Fiscal Program Anaryst-(1,620•.5%). 9.72; '4..06+ d l . .7 Totals $ 4,1511.69 — r�.i st.rr roe esr,�4q .. t-rt•r�. r:�, ,..,*-ems canrom,:,+ OF PS C[Iffi]Wt Mellhodology,on MileHe 972 200 miles per month a 54/mile e 9 months Aldan $650 ;Air Fare to Chicago to attend Nati'i Youth Symposlum (53001 Air Fan to Detroit to UrndWt r ' Moab $448 Pet diem to attend NatFl Youth Sympcs.um (555 50, $74, $74, S55.50; Per .diem to attend Nat'l Dropout Prevention Conference (54050, $S4. $S4, 540501 Lodiin8 $981 Lodging - S115/night @ 3 nights for Nat'l Dropout Prevention Conference (October); .to Mlsrallnows Transportation $2DO Transportation to and from airport attend Nain Youth Symposium Outreach Mate !&IMgram UteratureCopy Tolvft f 3,151.D0 r�.i st.rr roe esr,�4q .. t-rt•r�. r:�, ,..,*-ems canrom,:,+ age Unit $1,080 Storage for pro8nm supplies @ $120 a 9 months Offire SoliqN. _ 40 shirts @ 58/each for YAC+ Walk N Roll walk 49 SSleach for 40 uth wlIMsfor Program Coordlnator S10oa9months m Currlwlum lity rental Mentorl wttkulum purchases Outreach Mate !&IMgram UteratureCopy $8,100 ,Food for program activities and out of town field trips (5)/ea s 300 youlh/mo a 9 mol paper for rc Istratiore rurvev forms @$100 r 6 $Iter i „controlled assets}Software Youth Conference Registrations/Sports Fen for laptop for program newsletter Project Supplies ZS2,9�010 Purchase of supplies fat community service projects 1S501mo a 5 sites a Stool +S20D i pairDaRecreational Supplies Gil Phone 8 kayaks @ S20O each for teambuilding for YAC op- Controlld Assets 31,240.00 Purchase of Dell laptop @ 69SO Program Camara -CoMrolldAssets $950 Purchase of Canon Rebel camera (5750) + 2lenses for tphones (S99 each) for program d�. Torah f 8.9 m r�.i st.rr roe esr,�4q .. t-rt•r�. r:�, ,..,*-ems canrom,:,+ age Unit $1,080 Storage for pro8nm supplies @ $120 a 9 months Shirts28 Illeld 40 shirts @ 58/each for YAC+ Walk N Roll walk 49 SSleach for 40 uth Trip Entrance Fres $650 Museum A, other educational entrance fees 65 a 510 lity rental $1,600 Rental for YAC retreats and/or leadershipworkshops d & Snacks $8,100 ,Food for program activities and out of town field trips (5)/ea s 300 youlh/mo a 9 mol Transportation Rentals 510,200 I CMrter bus rental msts @ 5I200c 6 bores for field trips 1$7000 + $3000 In school bus Inn fisfd tri r+artr _ Youth Conference Registrations/Sports Fen $3,040 Leadership conference fees @ 25 each a 40=S1D 0 +wa&/run entry fees @ average of Sl3 each 4'134 Staff Conference Registrations $950 $425 for Nat'l Dropout Prevention Conference + 5425 for National Youth Symposium Other Contract labor/Speakers 54000 independent City A $ISOO+5 YAC event speakers FS500/ea Gil Phone SLOW GII phone & air card usa Le $200/mo s 9mo TOWls f 31,240.00 r�.i st.rr roe esr,�4q .. t-rt•r�. r:�, ,..,*-ems canrom,:,+ Program School Uason 4,500.00 15hn/ma @ $10/hr a 9 mat for campus coordination 6 monthly reporting - Program School Uawn 4,500,00 20 hrs/mo @ $25/hr a 9 mos for chaperoning program activities Program School Uason 4,500-00 20 his/mo @ $25/hr a 9 me%for wordinaton of program activities Program School Uason 4,SW 00 20 hrs/mo @ $25/hr s 9 mos for caordinat an of program activities Program School Uason 1,100.00 lihis/ma @ S25/hr a 9 mos for chaperoning program activities Program Schaal Uason 4,500.00 20 hrtlmo @ 525/hr a 9 mas for coordination or program activities Program School Basan 2,700.00 12 hrs/mo @ $25/ht a 9 mas for coordination of program activities Program School Uason 2,700.00 12 hrs mo / @ $15/hr a 9 mos for coordination of program activities - - -. _ Program School Won- 2,7700.00. 00 12 hrs/no @ 525/hr e 9 mos For coordination of program activities .. . - Independent Gty @ SISOO+ 52500 for other speakers; Independent c" s a program 'Other Contract Labor/Speakers 3,OOo.oO that teaches youth about real life situations le getting Joh%, renting/buying housing, monthly costs, banking, insurance, etc This program utilizes kcal authorities In specific Ilelds. Costs are associated with the speakers for specific fields. 7dea6 3 as,ap9.o9.. 5 � FY17 Subcontractor Budget Contractor: Youth Odyssey ®FPS PAC # 31000 Total DFPS Contractual Obligation : $29,640.00 Total Match: $0.00 Contract Budget Period, 9/01/2016 to 05/31/2017 BudgetPreparer- Becky Meyer Certifying Approver Matthew Delgado Program Curriculum 29,640 00 lGraduation $30.00/youth=$60.00;1 Adventure Wilderness Trip @ $325.00/youth=$325.00;1 Ceremony @ $25.01666/youth=$25.01666; Totals 1 $ 29,640.00 Community Youth Development Program FY 2017 Plan of Operation 1- SUMMARY PAGE Contractor Name: City of Corpus Christi Contract Number: 24186672 Contract Amount: $355,156.58 ZIP Code: 78415 County: CYD Program Coordinator Contact Information Name: Title: E-mail: Phone Number: Matthew Delgado I Program Manager I MatthewDe cctexas.com 361-826-4028 Address Include City and ZIP): 615 Leopard STE. 105, Corpus Christi, TX 78401 Program Outputs Output #1: Number of unduplicated youth served: Monthly (average)*: 300 ' Output #2: Number of unduplicated youth served: Annually**: 600 Identify the ***Cost Per Youth Client: $591.927 Duplication Percent****: 15% NOTE: " Monthly Average: each youth or adult rec ift servkes within a month Is counted once, during each month. " Annually each youth or adult receWng services within the contract period (the fiscal year) is counted once for the fiscal agent 'Cost per youth Client Total prwarri funding amount /annual contracted output for ywth (Output #2). 'Dupikabon pencentIIs the total number of youth served by more than one ser"ce praviderincluding the fiscal agent, divided by the 11scal agent's annual target. 1. Will the fiscal agent provide services? ❑ Yes, go to question number 2. ® No, skip to question number 4. 2. Check the services to be provided by the fiscal agent: ❑ Youth -Based Curriculum Activity - 01 ❑ Academic Support Services - 08 ❑ Family -Based Curriculum Activity - 02 ❑ Life Skills Classes - 09 ❑ Parent/Caregiver-Based Curriculum Activity - 03 ❑ Mentoring -10 ❑ Family Focused Service - 05 ❑ Youth Leadership Development -11 ❑ Recreational Services - 07 ❑ Youth Advisory Committee -12 3. Funding amount for services provided directly by fiscal agent: $ 4. Identify the organizations providing the required CYD services (if not provided by the fiscal agent): Required CYD Service: Name(s) of Organization(s) Mentoring Services SERCO of Texas Youth Leadership Development Services SERCO of Texas Youth Advisory Committee SERCO of Texas Parental Involvement Communities in Schools of the Coastal Bend S. Provide the following information for all subcontractors providing CYD services (separate summer only services): Name of subcontracted service provider Funding Amount Unduplicated Youth To Be Served 1. Boys & Girls Club of the Coastal Bend $ 43,013.19 100 2. Communities in Schools of the Coastal Bend $ 70,047.92 100 3. SERCO of Texas $ 103,338.89 340 4. Youth Odyssey $ 29,640 60 Total $246,040 600 * Cut and Past additional rows as needed Z Places high values on helping others ® Sense of purpose Program Description 3. Describe the mentoring services to be provided in detail, and the mentoring guidelines, if applicable. (Who, What, When, Where, and How). Provide page(s) of where this information is provided in your proposal. Travis Elementary: 3510 Churchill Drive: Corpus Christi, TX 78415 Baker Middle School, 3445 Pecan Street, Corpus Christi_ TX 78411 South Park Middle School_ 3001 McArdle Street, Corpus Christi, TX 78415 MENTORING: A group mentor program will be facilitated at the middle school campuses to provide students with positive support and friendship, Both a girls' group and a boys' group will operate on the campuses. A boys' mentor group will be implemented on the Travis Elementary School campus. The groups will be facilitated by volunteers utilizing curriculum lessons and will meet twice a month for up to 4 months. A new group will be recruited for another 4 months. The elementary school boys' program for 5th graders will meet weekly for a total of 4 months offering guidance and support as well as learning to set goals for their futures Students will receive guidance to make healthy decisions and promote long term goals such as college and career exploration. They will have the opportunity to discuss obstacles or frustrations they face in their daily lives in a group setting with their mentors and peer group. The mentor program to be implemented will develop meaningful relationships between the mentors and their mentees in a structured environment Meetings Will take place on campus under the supervision of the counselor and as group outings for all participants A gender specific curriculum will be utilized for both groups of students and a half day retreat will be planned for a sess:on of team building and relationship building activities prior to the start of the program on campuses. Career Mentoring --A Career Club will be implemented on the middle and high school campuses to provide students with guidance to make career decisions and promote long term goals. Guest speakers will be scheduled for presentations on various career fields Students will have the opportunity to learn about various career fields through guest speakers and field trips will be planned such as the Del Mar College Health Careers Fair and the Driscoll Children's Hospital Career Fair which SERCO CYD students have attended in past years Students will participate in campus tours at Texas ABM University Corpus Christi and Del Mar College. Girls in Engineering Day at University of Texas in Austin: Explore UT; a Girls in STEM Conference at Texas A&M Kingsville, a Ready for College Conference, and more. Identify the frequency, intensity and duration of services for clients: Service Type For Whom A.A.yeraoe Average Averane f=requency Intensity Duration (use JDOI-ID12 service type names first and Identify daily, weekly, Total # of Identify individual program names in parentheses) monthly service sessions, visits, the amounts or interactions average (1 service does Mgt per participant amount of equal 1 hour) time it will take a participant to complete the program Example: Mentoring (Rites of Passage) Youth 4 sessions per month 12 Sessions 3 months (frequency x duration Mentoring Girl's Circle Youth 2 sessions permonth 8 sessions 4 months Ment ring (Knights Circle Youth 2 sessions permanth 8 sessions 4 months Mentoring (Boys to Men Youth 4 sessions per month 16 sessions 4 months 4. What is the mentor to youth ratio: 1 to 4 5. Indicate who will serve as mentors and what recruitment/retention efforts and training will be provided. Mentors will be recruited from the Professional Women's Business Association, the Hispanic Women's Network of Texas, various civic clubs, Young Lawyers Association, Young Business Professionals, etc to share their experiences with the youth and to provide them with insight into their chosen career fields. Training will be provided by program staff prior to start date. group of students will meet monthly to gauge goals established and adjust and modify activities as needed. A Youth Summit will be planned and led by these youth for the 78415 youth community to encourage leadership development for all participants. This youth group will choose date, topics, speakers, location and facilitate summit activities. They will develop a budget and assign committee chairpersons to carry out the tasks. Adults will be on hand to assist and offer guidance but youth will coordinate all activities. Recreational and sports activities will be offered to these students to promote leadership development, team building and effective communication skills. These youth will also be asked to collaborate with the CYD Program Director and staff for the City of Corpus Christi Parks & Recreation Department in the planning of any CYD program activities, such as the Lemonade Day kickoff, as another avenue to develop their organizational and leadership skills. The YAC will also participate in monthly community service project with other SERCO CYD program youth and will serve as leaders of the program as a whole. The YAC will provide feedback and guidance, as needed, to the CYD program as a whole including providing service at any CYD community festivals where they will take the lead in recruiting and encouraging CYD youth participation. They will attend CYD Collaborative Committee meetings as needed in addition to the monthly YAC meetings to be scheduled. Student photographers will document program activities to showcase to CYD city program staff and committee members as well as the state funding agency. This end product will not only document the positive outcome of continued funding for the SERCO project but it will demonstrate a measurable outcome of student participation in positive alternative behavior as well as providing a marketable skill for youth to include on their resumes. 3. Identify the frequency, intensity and duration of services for clients: Service Type For Whom Average Average Averaae Frequency Intensity Duration (use JDOl,IDl2 service type names first and Idendry daily, weekly, Total # of Identify individual program names in parentheses) monthly service sessions, visits, the amounts or Interactions average (1 service does riot per participant amount of equal 1 hour) time It will take a participant to complete the program Example: YAC (Champions) Youth 4 sessions per month 48 Sessions 12 months (frequency x duration Youth Advisory Committee Youth 3 sessions per month 27 sessions 9 months 4. Identify the frequency, Intensity and duration of services for clients: Service Type For Whom Average ftrame Average Frequency Intensity Duration (use JDOI-JD12 service type names first and Identify daily, weekly, Total # of Identify Individual program names in parentheses) monthly service sessions, visits, the amounts or interactions average (1 service does n2i per participant amount of equal i hour) time it will take a participant to complete the ram Example • YLD (All Stars) Youth 4 sessions per month 12 Sessions 3 months (frequency x duration Youth Leadership Development Youth 1 session 9 sessions 9 months 5. Describe the process for ensuring opportunities are provided for youth to serve in leadership rotes in their community. Program youth will plan and execute community service projects in the community and/or on their school campuses. YAC will have the opportunity to work on the preparation of the annual Youth Summit and program youth are invited to attend the event as well as other youth leadership conferences and opportunities held locally. 6 — FISCAL AGENT PROGRAM(S) SERVICES NOTE: Complete a separate Fiscal Agent Program section for each Individual program provided by the Fiscal Agent, except N the service type Is mentoring, YAC, or YLD which would be Indicated in the appropriate section. Program Outputs For Services Provided B Fiscal Agenat_ Output #1: Monthly (average)": Number of unduplicated youth served: Output #2:Annually': Number of unduplicated youth served, f 1. Check all the service types to be provided in this program: ❑ Youth -Based Curriculum Activity - 01 ❑ Recreational Services — 07 ❑ Family -Based Curriculum Activity - 02 ❑ Academic Support Services - 08 ❑ Parent/Caregiver-Based Curriculum Activity - 03 ❑ Life Skills Classes - 09 ❑ Family Focused Service - 05 2. Check the protective factors this program will identify for change: ❑ Involvement with positive peer group activities and norms ❑ Social competencies such as decision making skills, assertiveness and interpersonal skills ❑ Parental/guardian supervision ❑ Caring adults other than parent ❑ Strong bond between children and parents ❑ Emotional support and absence of severe criticism ❑ High parental expectations ❑ Clear rules and expectations ❑ Involvement with school/community ❑ Friendship network ❑ Positive perception of self and others ❑ Places high values on helping others ❑ Sense of purpose 7 — SUBCONTRACTED PROGRAMS NOTE: Complete a separate Subcontracted Programs section for each individual program provided by a subcontracted service provider, except if the service type Is mentoring, YAC, or YLD which would be indicated in the appropriate section. Program Outguts Output #1: Monthly (average)*: 15 Number of unduplicated youth served- Output #2: Annually**: 100 i Number of unduplicated youth served, I. Check all the service types to be provided in this program: ❑ Youth -Based Curriculum Activity - 01 ® Recreational Services — 07 ❑ Family -Based Curriculum Activity - 02 ® Academic Support Services - 08 ❑ Parent/Caregiver-Based Curriculum Activity - 03 ❑ Life Skills Classes - 09 ® Family Focused Service - 05 2, Check the protective factors this program will identify for change: ® Involvement with positive peer group activities and norms ❑ Social competencies such as decision making skills, assertiveness and interpersonal skills ❑ Parental/guardian supervision ® Caring adults other than parent ❑ Strong bond between children and parents ❑ Emotional support and absence of severe criticism ❑ High parental expectations ® Clear rules and expectations ® Involvement with school/community ® Friendship network ® Positive perception of self and others ❑ Places high values on helping others ❑ Sense of purpose Program Description 3. Describe the services to be provided in detail. Provide page(s) of where this information is provided in your proposal. (Who, What, When, Where, and How Including the days and hours). After-school Program: M - F, 3:00 p.m. — 7:00 p.m.; Includes: Power Hour/Project Learn and Triple Play Athletic leagues: Basketball, Flag Football, and Volleyball Summer Program: M — F; 8:00 a.m. — 6:00 p.m.; includes: Triple Play, Swimming, educational programs Power Hour offers extended learning opportunities and educational enrichment programming during non -school hours. It helps to improve academic performance by providing the one-on-one help that many youth do not receive either at home or at school. Students are expected to complete homework assignments before participating in recreational activities. Project Learn reinforces and enhances the skills and knowledge young people learn at school during the hours they spend at the Club. Through Project Learn, Club staff use all the areas and programs in the Club to create opportunities for high -yield learning activities, which include leisure reading, writing activities, discussions with knowledgeable adults, helping others, homework help and tutoring and games like Scrabble that develop young people's cognitive skills. Project Learn also emphasizes parent involvement and collaboration between Club and school professionals as critical factors in creating the best after-school learning environment for Club members ages 6-18. Triple Play demonstrates how eating right, keeping fit and forming positive relationships add up to a healthy lifestyle. The focus is on three components: Mind, Body and Soul. We have an agreement with A&M School of Nursing that provides an added educational and mentoring component to our Triple Play program. The student nurses come to the Club twice each week to work with the kids and to serve their families with health issues. 7 — SUBCONTRACTED PROGRAMS MOTS: Complete a separate Subcontracted Programs section for each individual program provided by a subcontracted service provider, except if the service type is mentoring, YAC, orYLD which would be Indicated In the appropriate section. Program Outputs Output #1: Monthly (average)•: 25 Number of unduplicated youth served: Output #2: Annually": 100 Number of unduplicated youth served: 1. Check all the service types to be provided in this program: ❑ Youth -Based Curriculum Activity - 01 ® Recreational Services — 07 ❑ Family -Based Curriculum Activity - 02 ® Academic Support Services - 08 ❑ Parent/Caregiver-Based Curriculum Activity - 03 ® Life Skills Classes - 09 ❑ Family Focused Service - 05 2. Check the protective factors this program will identify for change: ® Involvement with positive peer group activities and norms ® Social competencies such as decision making skills, assertiveness and interpersonal skills ❑ Parental/guardian supervision ® Caring adults other than parent ❑ Strong bond between children and parents ® Emotional support and absence of severe criticism ❑ High parental expectations ® Clear rules and expectations ❑ Involvement with school/community ® Friendship network ® Positive perception of self and others ❑ Places high values on helping others ® Sense of purpose Program Description 4. Describe the services to be provided in detail. Provide page(s) of where this information is provided in your proposal. (Who, What, When, Where, and How including the days and hours). CIS is proposing to serve two (2) sites: South Park Middle and Gloria Hicks Elementary. Communities In School's CYD program includes students, who have been referred because of a specific need such as behavior, academics and/or attendance and other students who will be registered under activities who will take part in all activities. All enrolled students attending a school in 78415 will have access to these services with CIS placing emphasis on youth 10-17 years of age_ The school sites will provide a safe environment where youth can learn and grow and serve as a resource center for other programs and agencies. Programs are age appropriate and customized per school site based on an assessment utilizing information from school staff, students and families. Some of the activities the site coordinators provide include support groups, individual guidance, family activities, homework help/tutoring, presentations and information on issues such as drug awareness, teen pregnancy, HIV/AIDS, and educational field trips. Site coordinators working full-time will invest time for preparation, coordination, and implementation of direct services. After school activities will be coordinated and implemented directly by the site coordinators. Site Coordinators work with the families to provide a full -structure of assistance to the youth. Families are invited to various activities at the schools. This gives the families an opportunity to participate with their youth, to include speakers, presentations and one-on-one counseling. Academic Support Services will be provided once a week every other week for 1 hour for 4 months. Life skills which will include presentations and individual guidance will be provided for 1 hour once a week every other week for four months. Recreational services will also be provided for 4 months 1 hour once a week every other week. CIS works year CIS/CYD staff will develop a monthly activity plan which will provide a tentative schedule of all activities. This monthly activity plan will be turned into the Director of Programs for the prior month and a tentative activity plan for the current month. CIS/CYD programs will provide structured activities at two (2) school sites where eligible youth, parents and siblings are welcomed to participate. Coordinated activities are geared towards knowledge, personal growth, and enhancing family life. Activities will be varied to meet the needs of the participants. Activities will be implemented before and during school at the elementary school and middle school site. Identified elementary school sites will also include 7 - SUBCONTRACTED PROGRAMS NOTE: Complete a separate subcontracted Programs section for each individual program provided by a subcontracted service provider, except if the service type is mentoring, YAG, or YL D which would be indicaWd in the appropriate section. I Output #1: i Monthly (average)*: Number of unduplicated youth served: Output #2: Annually**: Number of unduplicated youth served: 200 100 1. Check all the service types to be provided in this program: ® Youth -Based Curriculum Activity - 01 ® Recreational Services — 07 ❑ Family -Based Curriculum Activity - 02 ® Academic Support Services - 08 ❑ ParentlCaregiver-Based Curriculum Activity - 03 ® Life Skills Classes - 09 ❑ Family Focused Service - 05 2. Check the protective factors this program will identify for change: ® Involvement with positive peer group activities and norms ® Social competencies such as decision malting skills, assertiveness and interpersonal skills ® Parental/guardian supervision ® Caring adults other than parent ® Strong bond between children and parents ® Emotional support and absence of severe criticism ® High parental expectations ® Clear rules and expectations ® Involvement with schoollcommunity ® Friendship network ® Positive perception of self and others ® Places high values on helping others ® Sense of purpose Program Description 3. Describe the services to be provided in detail. Provide page(s) of where this information is provided in your proposal. (Who, What, When, Where, and How including the days and hours). Sam Houston Elementary, 363 Norton Street. Corpus Christi, TX 78415 Travis Elementary, 3510 Churchill Drive, Corpus Christi, TX 78415 Baker Middle School, 3445 Pecan Street. Corpus Christi, TX 78411 South Park Middle School, 3001 McArdle Street, Corpus Christi, TX 78415 Mary Carroll High School, 5301 Weber Road, Corpus Christi, TX 78411 Moody High School, 1818 Trojan Drive, Corpus Christi, TX 78416 LIFE SKILLS— Campus Program Liaisons (school counselors) will provide counseling and guidance as the need arises to meet each student's needs. These school personnel are trained to assist students in times of crisis and are able to recognize the warning signs of a youth in trouble more readily than someone not trained in these areas. Curricula on topics such as bullying. character education and decision making will be part of the classroom instruction that will be provided by the Campus Program Liaisons (school counselors) during and after the school day. It is important to leach youth the importance of setting goals and being involved in constructive activities that provide an alternative to juvenile delinquency. They need to learn the importance of having self-respect setting boundaries and taking care of themselves. Youth need to be connected to school so being involved in activities that provide positive experiences are an effective way of building their confidence and self- esteem. They need to realize the importance of slaying in school and staying focused on future goals. Financia± literacy lessons and entrepreneurship skills will also be taught through activities such as Lemonade Day and Independent City, an interactive simulation teaching budgeting skills and living independently. RECREATIONAL SERVICES—Youth will the opportunity to participate in a sports club at participating campuses. These clubs have been successful in the past as it gives students the opportunity to play sports in a non-competitive basis with their friends while providing an outlet for the students at the end of the school day. These clubs offer students the opportunity to get together after school in a friendly environment where Staffin Plan For Subcontractors J S. Describe the staffing plan, including staff supervision and support, and how adequate staffing will be ensured, In the event of vacancies or extended absences. (What staff positions will work directly on the CYD contract and which position will supervise whom and provide backup if necessary). �Dii_tlon Title Services for which this —Supervised by: Back up Staff position is responsible SERCO CYD Program Coordinator Program Operations Youth Director Youth Director/CCISD Program Liaison SERCO Fiscal Analyst Fiscal Operations Regional Accountant Campus Coordinator & Monthly SERCO CYD Regional Accountant CCISD Program Liaison SERCO CYD Reporting + Program Coordinator Coordinating program activities SERCO CYD Pro ram Coordinator CCISD Campus Liaison SERCO CYD & monthly record keeping Program Coordinator Program Coordinator This program teaches youth life -skills through fun and engaging outdoor activities. The skills we incorporate are communication, teamwork, trust, problem -solving, goal -setting, and leadership; all are skills youth need to make good decisions, reach their goals, and have a bright future. Youth Odyssey works with youth ages 10-17 to teach them these skills through team -building activities, ropes challenge courses, kayaking, camping, hiking, rock climbing, and backpacking. Portable Team Challenges These are two-hour teambuilding activities held at local recreation centers, elementary schools, middle schools, high schools, parks, and other youth agencies around the Coastal Bend. Activities are interactive games and challenges focused on developing and enhancing basic life skills. Ropes Challenge Course A fun day trip to our ropes course where youth participate in low and high elements. Low elements consist of activities on the ground that foster teamwork, overcoming challenges, and support. The high elements such as rock -climbing and walking across a cable suspended 35 feet in the air, are facilitated by trained and certified belayers. The focus for high elements are using your team and personal drive to overcome fears, problem -solving, and to push yourself to new limits in a safe, controlled way. Kayaking Day Trip A day trip to either the Nueces River at Labonte Park or in the Bay of Corpus Christi. Youth paddle together in two -person kayaks. This can be a great challenge if they do not listen to each other and work as a team, causing them to run into the shore, other boats, or flip over. Trained and certified staff teach basic paddling stokes and water safety onshore before the group enters the water and continues to teach and assist while traveling the body of water. This is a fun day -trip filled with wildlife and further coming together as a team. Adventure Wilderness Trip This is a 3-5 day camping trip to a Texas State Park. On this trip youth apply everything that they have learned in the previous levels of our program. Under the direct supervision of trained and certified staff youth set-up/take down camp, cook/clean up after meals and assist with the prepping of equipment. They also choose a "leader" and a "navigator" to share the half-day responsibility of leading the group on hikes, swimming, kayaking routes, rock climbing and camp chores. This is the highly anticipated activity for the entire program. By this time we have seen tremendous growth in the youth and have instilled within them a desire to play outside and make better choices. Youth also learn about natural consequences in our programs. If you choose not to put up your tent on a cloudy night, you may be soaking wet come morning. If you listen to your team during the Portable Team Challenges then you may get to be elected leader for a half-day during the camping trip. These little light bulb lessons teach wonders. Youth Odyssey provides all equipment and supplies for each trip. Basic camp craft, hiking, and backpacking are taught on each trip. Youth are also introduced to the concept of environmental stewardship through "Leave No Trace" ethics. This concept teaches an acceptance of personal responsibility for maintaining the health and beauty of the natural environment. Each trip in The Adventure Wilderness Trip Program includes at least two of the following challenge activities: Camping Hiking/Backpacking Rock Climbing/Bouldering Fishing Canoeing/ Kayaking • Youth restoring and repairing the area's natural areas back to health • Youth learning about nature, its' processes and purpose • Youth selflessly giving their time back to the community • Youth apply life skills during the activities 4. Identify the frequency, intensity and duration of services for clients: Service Type and for Whom Served (Who When (months Averaste Averane Averaae targeted participants are) served per program) Frequency Intensity Duration Identify daily, weekly, Total # of identify (use JDO1-1D12 service type names fast and months y service sessions, visits, the individual program names in parentheses) amounts or interactions average (1 service does not per partfdpant amount of equal 1 hour) time it will take a participant to complete the program Example: Academic Support (Future Kids) Youth 4 sessions per month 12 Sessions 3 months (frequency x duration Recreational Service: Portable Team Challenges Youth S sessions 2 months 1 session/Week Recreational Service: Ropes Courses Youth 2 sesslons 2 months 1 session week Recreational Service: Adventure Wilderness Trips Youth 1 session 2 months 1 sesslanlwesk Recreational Service: Graduation Youth 1 session 2 months 1 sessionMreek Life Skills Classes: Portable Team Challenges Youth 8 sessions 2 months 1 sesslonlweek Life Skills Classes: Ropes Courses Youth 2 sessions 2 months 1 sesslaNweek Life Skills Classes: Adventure Wilderness Trips Youth 1 session 2 months 1 sesslanlweek Life Skills Classes Graduation Youth 1 session 2 months 1 sesslanlweek Staffing Plan For Subcontractors 5. Describe the staffing plant, including staff supervision and support, and how adequate staffing will be ensured, in the event of vacancies or extended absences. (What staff positions will work directly on the CYD contract and which position will supervise whom and provide backup if necessary). Position Title Services �responsible which this Supervised by: Back up Staff position is Executive Director i Oversight I Board of Directors Program Director Program Director Oversight and facilitation I Executive Director Executive Director Program LeaderI Facilitation I Program Director Program Dir. /Program staff Part time staff Facilitation and support Program Director Program Dir. /volunteers CYD Plan of Operation Fiscal Year 2017 Pon= I of 91 Mmnlnmhor f )nig.. Arfot, 71 9n171 Tips for Completing the Plan of Operation 1. DUPLICATION — When youth participate in multiple CYD services they can only be counted once by the fiscal agent during the fiscal year for the fiscal agent's performance measures. Therefore, fiscal agents must take into account the estimated number of youth who will participate in multiple CYD services when negotiating output targets with service providers to ensure that the fiscal agent will meet its contracted annual output. Duplication between service providers may be assessed using historical data from the PEIS database. At the Service Provider level, the unduplicated youth to be served annually should count each CYD youth participant served by the provider once during the inclusive dates of service for its CYD program. 2. AVERAGE MONTHLY — In order for costs to be reasonable, service providers should be serving close to the maximum number of participants they are able to (full capacity) based on the funding provided for the CYD program and should include, but not be limited to factors such as the number of staff and service locations. As some dropout is expected, the number of participants served each month may be slightly less than the full capacity at which the service provider is capable of operating. A reasonable dropout rate may be accounted for when assessing the number of participants to be served each month. For Service Providers the average number of youth to be served monthly equals the sum of the number of youth to be served each month during the inclusive dates of service divided by the number of months in the service period. For the Fiscal Agent, the average number of youth to be served monthly will be the sum of youth served by each service provider each month minus duplicated youth, which is then divided by 12. Ideally, the operating capacity of a service provider should determine the average monthly and annual outputs. Fiscal agents are responsible for negotiating contracts with service providers that will ensure that the fiscal agent's contracted performance targets are met. 3. FREQUENCY, INTENSITY AND DURATION - The PEIS Services Provided Report may be used to track whether or not participants have received the average frequency and intensity of services within the specified duration as outlined by the service provider. Be sure to list programs separately if the frequency, intensity or duration is different during the school year and the summer. If your service lasts for a short period of time (3 months), please indicate how many cycles will be provided during the inclusive dates of service (e.g. 3 month cycle, 4 times a year). Do you run multiple cycles concurrently or consecutively? 4. BACKGROUND CHECKS — Remember all staff and volunteers working on the contract with access to clients or client data must be entered into the ABCS system and cleared with a DPS Criminal Background Check and a DFPS Child Abuse Registry check through. An FBI fingerprinting background check will also be needed if they have lived outside the State of Texas in the last 5 years. You can find information about fingerprinting services through the Texas Department of Public Safety Website (http:liwww.txdps.state.tx.us/administration/crime records) a es/a licantfin er rintservices.htm) and locations at http://www.Ilenrollment.com/locations/?st=tx 5. SUBCONTRACTOR MONITORING - Keep in mind that the role of the fiscal agent includes the responsibility for monitoring subcontractors. Consider all methods available for monitoring outputs for subcontractors. The PEIS Database is available and has reports that may be useful. Please consider corrective action steps to be taken when performance measures and other requirements are not being met. 6. AGE RESTRICTIONS - Keep in mind the age eligibility as per the RFP p. 16. Keep in mind the three mandatory service types (Youth Advisory Committee (YAC), Youth Leadership Development (YLD) and mentoring) and the specific age requirements for those service types (middle and high school for YAC and YLD and mentoring 90% 04h grades.) 7. TRANSPORTATION - if your "safe passage" plan for youthlfamilies without transportation includes driving youth, please consider including agency policy on parental consent and safety measures such as car insurance, seat belts, drivers licenses, and/or driving records, etc. 8. RACE AND ETHNICITY - All Races/Ethnicities must be served unless a program or curriculum is designed specifically for a particular race/ethnic group. If a specific racelethnicity is to be targeted, then a description of how other races/ethnicities will be served is required. 9. REQUIRED SERVICE TYPES — Mentoring, Youth Advisory Committee, Youth Leadership Development and Parental Involvement are the four required service types and are separated out for greater detail. If these service types are being offered as part of a larger program, then the rest of the program needs to be detailed in Section 6 — Fiscal Agent Program(s) or Section 7 — Subcontracted Programs as applicable. CYD Plan of Operation Fiscal Year 2017 Pane 11 of 91 manfnmhor 1 9li1R _ AAav 41 9!1171 ,muS ct,� GO H v AGENDA MEMORANDUM /rygaHPNNSEO Future Item for the City Council Meeting of September 20, 2016 1852 Action Item for the City Council Meeting of September 27, 2016 DATE: September 13, 2016 TO: Margie C. Rose, City Manager FROM: Stacie Talbert Anaya, Interim Director, Parks and Recreation Department StacieT�cctexas.com 361-826-3464 Resolution to submit a proposal for the FY2016-2017 Community Youth Development Program CAPTION: Resolution authorizing the City Manager to submit a proposal to the Texas Health and Human Services Commission for the Community Youth Development Program. PURPOSE: To submit a proposal in response to a FY2017 RFP from the Texas Health and Human Services Commission on behalf of the Texas Department of Family and Protective Services, for the Community Youth Development (CYD) Program for not more than $450,000 per fiscal year. BACKGROUND AND FINDINGS: The CYD Program is designed to provide an array of services such as mentoring, youth leadership development, and after school programs to prevent juvenile delinquency. While the City will manage the contract with the State, local organizations are subcontracted to provide youth services directly. If awarded, the initial contract period will begin on the effective date stated in the contract and will terminate on August 31,2017 with the option to amend the term of the contract for up to four one-year terms, or as necessary to complete the mission of the procurement, subject to the availability of funds. ALTERNATIVES: Do not approve the resolution. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: As per Financial Services Grants Policy and Procedures, City council must approve grant applications. EMERGENCY/NON-EMERGENCY: Non -emergency DEPARTMENTALCLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this resolution LIST OF SUPPORTING DOCUMENTS: Resolution RFP Project to Date Fiscal Year: 2016- Expenditures 2017 (CIP only) Current Year Future Years TOTALS Line Item Budget General Fund Encumbered/ Expended Amount This item (Grant Fund BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this resolution LIST OF SUPPORTING DOCUMENTS: Resolution RFP Page 1 of 1 RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT A PROPOSAL TO THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION FOR THE COMMUNITY YOUTH DEVELOPMENT PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to submit execute all documents necessary to submit a proposal to the Texas Health and Human Services Commission for the Community Youth Development (CYD) RFP No. 530-17-0002. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Nelda Martinez, Mayor Corpus Christi, Texas Day of , 2016 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad McGill Colleen McIntyre Michael Hunter Brian Rosas Lucy Rubio Carolyn Vaughn Mark Scott C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@FC056398\@BCL@FC056398.docx Community Youth Development (CYD) Program RFP No. 530-17-0002 I* )TEXAS Healthand Hyman Services Commission Charles Smith, Executive Commissioner Request for Proposals (RFP) for Community Youth Development (CYD) RFP No. 530-17-0002 Date of Release: 7/8/2016 CPA Class/Item Codes: 952-17 952-21 952-59 952-83 952-85 952-95 924-05 924-18 924-76 Pagel of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 Table of Contents 1. General Information......................................................................................................... 5 1.1. Scope...............................................................................................................5 1.2. HHSC Point of Contact.................................................................................... 5 1.3. Procurement Schedule.................................................................................... 5 1.4. Mission Statement........................................................................................... 6 1.5. Mission Objectives........................................................................................... 6 1.6. Background......................................................................................................7 1.6.1 Overview of the Health and Human Services Commission ........................ 7 1.7. Project Overview.............................................................................................. 7 1.8. Strategic Elements...........................................................................................8 1.8.1. Contract Type and Term............................................................................ 8 1.8.2. Contract Elements..................................................................................... 8 1.8.3. Data Use Agreement (DUA)...................................................................... 8 1.8.4. HHSC's Basic Philosophy: Contracting for Results ................................... 8 1.9. External Factors...............................................................................................9 1.10. Legal and Regulatory Constraints.................................................................... 9 1.10.1. Delegation of Authority............................................................................... 9 1.10.2. Conflicts of Interest....................................................................................9 1.10.3. Former Employees of a State Agency ..................................................... 10 1.11. HHSC Amendments and Announcements Regarding this RFP ..................... 10 1.12. RFP Cancellation/Partial Award/Non-Award.................................................. 10 1.13. Right to Reject Proposals or Portions of Proposals ....................................... 10 1.14. Costs Incurred................................................................................................ 10 1.15. Protest Procedures........................................................................................ 11 1.15 Interpretive Conventions................................................................................ 11 2. Mission Results/Scope of Work.....................................................................................12 2.1. Project Scope................................................................................................. 12 2.2. Eligible Population......................................................................................... 12 2.4. Services Areas............................................................................................... 14 2.5. Implementation — Requirements.................................................................... 16 2.5.1. Community Strengths and Needs Assessment (CSNA) .......................... 16 2.5.2. Community Collaboration Committee...................................................... 17 2.5.3. Procurement Implementation for Local CYD Program Services .............. 18 2.5.4. CYD Program Services - Minimum Implementation ................................. 19 2.6. Core CYD Program Services......................................................................... 21 2.6.1. Additional CYD Program Services........................................................... 23 2.7. Contractor Requirements...............................................................................24 2.7.1. CYD Contract - Program/Fiscal Management .......................................... 24 2.7.2. CYD Contract — Program/Administrative/Fiscal Monitoring ...................... 25 2.7.3. Additional Program Requirements........................................................... 26 2.7.4. Required Reports.....................................................................................28 2.7.5. Minimum Staffing Qualifications............................................................... 29 2.7.6. Minimum Organizational Qualifications.................................................... 29 2.7.7. Minimum Organizational Training............................................................ 30 2.8. Minimum Insurance/Bond Standards.............................................................31 Page 2 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 2.8.1. Minimum Insurance/Bond Requirements.................................................31 Vendor Conference........................................................................................ 2.9. Service Authorization and Referral................................................................ 32 2.10. DFPS Prevention and Early Intervention Services (PEIS) Database ............. 33 2.11. Case Records Management — Tracking Referrals ......................................... 33 2.12. Documentation...............................................................................................33 No Joint Proposals......................................................................................... 2.12.1. DFPS Client Form Files........................................................................... 34 2.13. Cost Proposal — Budget Forms...................................................................... 34 2.13.1. Admistrative Overhead Costs.................................................................. 34 2.13.2. Cost Allocation Plan................................................................................. 35 2.13.3. CYD Guidelines for Allowable Food Costs ............................................... 35 2.14. Compensation................................................................................................35 Number of Copies....................................................................................40 2.14.1. Funding.......................................................................................................... 35 2.15. Performance Measures.................................................................................. 35 2.16. Participation and Cooperation with Evaluation Agencies ............................... 37 3. General Instructions and Proposal Requirements........................................................38 3.1. Vendor Conference........................................................................................ 38 3.2. Questions and Comments.............................................................................. 38 3.3. Modification or Withdrawal of Proposal.......................................................... 39 3.4. Multiple Responses........................................................................................ 39 3.5. No Joint Proposals......................................................................................... 39 3.6. Use of Subcontractors................................................................................... 39 3.7. Texas Public Information Act......................................................................... 39 3.7.1. General Requirement for the Release of Proposals ................................ 39 3.7.2. Publication of Major Contracts.................................................................40 3.8. Instructions for Submitting Proposals............................................................. 40 3.8.1. Number of Copies....................................................................................40 3.8.2. Submission.............................................................................................. 40 3.8.3. Additional Requirements..........................................................................41 3.9. Format and Content....................................................................................... 41 3.9.1. Part 1 — Business Proposal...................................................................... 41 3.9.2. Part 2 — Cost Proposal............................................................................. 45 3.9.3. Additional Budget Specific Information.................................................... 46 3.10. News Releases.............................................................................................. 47 3.11. Incomplete Proposals....................................................................................47 3.12. State Use of Ideas......................................................................................... 47 3.13. Property of HHSC.......................................................................................... 48 3.14. Copyright Restriction......................................................................................48 3.14.1. INDEMNITY............................................................................................. 48 3.15. Additional Information.................................................................................... 49 4. Historically Underutilized Business Participation........................................................50 4.1. Introduction.................................................................................................... 50 4.2. HHSC's Administrative Rules......................................................................... 50 4.3. Statewide Annual HUB Utilization Goal ......................................................... 50 4.4. Required HUB Subcontracting Plan...............................................................51 4.5. CPA Centralized Master Bidders List............................................................. 51 4.5.1. National Institute of Governmental Purchasing (NGIP) Class/Item Code(s): 51 Page 3 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 4.6. HUB Subcontracting Procedures — If a Respondent Intends to Subcontract. 52 4.6.1. Identify Subcontracting Areas and Divide Them into Reasonable Lots ... 52 4.6.2. Notify Potential HUB Subcontractors....................................................... 52 4.6.3. Written Justification of the Selection Process .......................................... 54 4.7. Method 5: Respondent Does Not Intend to Subcontract ............................... 54 4.8. Post -award HSP Requirements..................................................................... 55 5. Proposal Evaluation........................................................................................................57 5.1. Evaluation Criteria.......................................................................................... 57 5.2. Initial Compliance Screening.......................................................................... 57 5.3. Competitive Range Determinations............................................................... 57 5.4. Oral Presentations and Site Visits.................................................................. 58 5.5. Best and Final Offers..................................................................................... 58 5.6. Discussions with Respondents...................................................................... 58 6. RFP Attachments............................................................................................................59 Attachment A — Parent Involvement Resources........................................................ 60 Attachment C — Search Institute - 40 Developmental Assets .................................... 62 Attachment D - CYD Guidelines for Allowable Food Costs ........................................ 63 Attachment E - Budget for Purchase of Service Contracts, (Form 2030PE1)............. 65 Attachment F - SERVICES AND PERFORMANCE MEASURES CHART ................ 66 Attachment G - Internal Controls Questionaire(ICSQ).............................................. 68 Page 4 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 1. General Information 1.1. Scope The Texas Health and Human Services Commission (HHSC), on behalf of the Department of Family Protective Services (DFPS), seeks to procure services in proposed service areas (ZIP code areas) to prevent juvenile delinquency and promote positive youth development by funding local programs that will reduce referrals to juvenile probation and increase protective factors in participating youth in accordance with the specifications contained in this Request for Proposals ("RFP"). 1.2. HHSC Point of Contact The sole point of contact for inquiries concerning this RFP is: Laura Steadman, C.P.M. , CTPM Texas Health and Human Services Commission (HHSC) Procurement and Contracting Services (PCS) 1100 W. 49TH Street Mail Code: 2020 Austin, Texas 78756 Email: laura.steadman(a�hhsc.state.tx.us Phone: 512.406.2546 All communications relating to this RFP must be directed to the HHSC contact person named above. All communications between respondents and other HHSC staff members concerning this RFP are strictly prohibited. Failure to comply with these requirements may result in proposal disqualification. 1.3. Procurement Schedule The following table documents the critical pre -award events for the procurement. All dates are subject to change at HHSC's discretion. Procurement Schedule RFP Release Date 07/07/2016 Vendor Conference 07/14/2016 Vendor Questions Due 07/25/2016 HHSC Posts Responses to Vendor Questions 08/02/2016 Proposals Due 10/03/2016 Deadline for Proposal Withdrawal 10/03/2016 Award Announcement 03/01/2017 Anticipated Contract Start Date 06/01/2017 Page 5 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 1.4. Mission Statement HHSC's missions for this procurement are: On behalf of the Department of Family Protective Services (DFPS), HHSC's mission of this procurement is to assist the DFPS Community Youth Development (CYD) Program in providing an array of services to promote protective factors in youth and prevent negative outcomes such as juvenile delinquency in selected service area ( ZIP codes) where there appears to be incidents of juvenile crime and other risk factors that contribute to juvenile crime and adverse outcomes for youth. Providing services such as mentoring, youth leadership development, a parental component, and after-school programs should meet the DFPS goal to increase protective factors, thus increasing the likelihood of positive outcomes for youth. 1.5. Mission Objectives HHSC's objectives for this procurement are: In accordance with the requirements of the Family Code X265.002, the DFPS Prevention and Early Intervention (PEI) Division provides services for children in at -risk situations and for the families of those children. PEI contracts for programs with the goal of providing early intervention or prevention of at -risk behavior that leads to child abuse or neglect, delinquency, running away, and truancy. PEI consolidates prevention and early intervention services within the jurisdiction of a single agency in order to avoid fragmentation and duplication of services, and to increase the accountability for the delivery and administration of these services. Also, in accordance with Section 40.0561 of the Texas Human Resources Code, subject to available funding, the department shall award community youth development contracts to communities identified by incidence of crime. The department shall give priority in awarding contracts under this Section to areas in which there is a high incidence of juvenile crime. The purpose of a contract under this Section is to assist a community in alleviating conditions in the family and community that lead to juvenile crime. 1.5.1 PEI Responsibilities 1. Planning, developing, and administering a comprehensive and unified delivery system of prevention and early intervention services to children and their families in at -risk situations; 2. Improving the responsiveness of services for at -risk children and their families by facilitating greater coordination and flexibility in the use of funds by state and local service providers; 3. Providing greater accountability for prevention and early intervention services in order to demonstrate the impact or public benefit of a program by adopting outcome measures; and 4. Assisting local communities with the coordination and development of prevention and early intervention services in order to maximize federal, state, and local resources. Page 6 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 1.6. Background 1.6.1 Overview of the Health and Human Services Commission Since 1991, the Texas Health and Human Services Commission (HHSC) has overseen and coordinated the planning and delivery of health and human service programs in Texas. HHSC is established in accordance with Texas Government Code Chapter 531 and is responsible for the oversight of all Texas health and human service agencies (HHS Agencies). HHSC's chief executive officer is Charles Smith, Executive Commissioner of Health and Human Services. As a result of the consolidation due to House Bill (HB) 2292, 78th Regular Session in fiscal year 2003, some of the contracting and procurement activities for the HHS Agencies have been assigned to the Procurement and Contracting Services (PCS) Division of HHSC. As such, PCS will administer the initial stages of the procurement process, prior to the contract award, including RFP announcement and publication, handling of communications from the Respondent, as well as managing the receipt and handling of valid responses for final review and evaluation. PCS directs the execution of the contract after the awarded vendor has been selected. 1.7. Project Overview In accordance with the requirements of Texas Family Code §265.002, the Prevention and Early Intervention (PEI) Division of DFPS provides services for at risk children and their families. The Division contracts for programs with the goal of providing early intervention or prevention of at - risk behavior that leads to child abuse or neglect, delinquency, running away, and truancy. PEI consolidates prevention and early intervention services within the jurisdiction of a single agency in order to avoid fragmentation and duplication of services and to increase the accountability for the delivery and administration of these services. Research' has shown that five protective factors are linked to a reduction of juvenile delinquency: (1) Family bonding/communication, (2) School involvement, (3) Individual self- esteem/efficacy, (4) Positive peer association, and (5) Community involvement. DFPS seeks to contract for services through utilizing the CYD Program to prevent juvenile delinquency by funding local programs that increase youth protective factors associated with juvenile delinquency. See, for example: U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention. 2003 Report to Congress: Title V Community Prevention Grants Program. Retrieved from OJJDP website: https://www.ncors.gov/pdffilesl/omodp/207694.pdf Page 7 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 1.8. Strategic Elements 1.8.1. Contract Type and Term HHSC, on behalf of DFPS, will award one contract for CYD services within a each service area. The initial Contract Period will begin on the effective date stated in the contract and will terminate on August 31, 2017, unless terminated as described in the contract. HHSC reserves the option to amend the term of the contract for up to four one-year terms, or as necessary to complete the mission of the procurement, subject to the availability of funds. HHSC will award up to eighteen (18) cost reimbursement contracts (one for each service area) for the Community Youth Development (CYD) program which is designed to provide an array of services to youth to prevent juvenile delinquency. 1.8.2. Contract Elements The term "contract" means the contract awarded as a result of this RFP and all exhibits thereto. At a minimum, the following documents will be incorporated into the contract: this RFP and all attachments and exhibits; any modifications, addendum or amendments issued in conjunction with this RFP; HHSC's Uniform Contract Terms and Conditions (HHSC UTCs), Version 2.12; DFPS Special Attachment to HHSC Terms and Conditions (DFPS STCs); and the successful respondent's proposal. HHSC and DFPS reserve the right to negotiate additional contract terms and conditions. Respondents are responsible for reviewing the HHSC UTCs and the DFPS STCs noting any exceptions, reservations, and limitations on the Respondent Information and Disclosures form (see Section 3.9.1.8 - Certifications and Other Required Forms). 1.8.3. Data Use Agreement (DUA) By entering into a contract, or purchase order, with a Texas Health & Human Services agency, you agree to be bound by the terms of the HHS Data Use Agreement (HHS-GC.DUA).: The version of the Data Use Agreement that should be used for all contractors who access agency confidential information is available on the HHSC Business Opportunites webpage. Information that explains the terms of the DUA and what laws require HHSC to protect and safeguard agency confidential data can be found at: http://h hscx. h hsc.texas.gov/sites/extranet/fi les/docs/pcs/d uac/understanding-d ua. pdf 1.8.4. HHSC's Basic Philosophy: Contracting for Results HHSC's fundamental commitment is to contract for results. HHSC defines a successful result as the generation of defined, measurable, and beneficial outcomes that satisfy the contract requirements and support HHSC's missions and objectives. This RFP describes what is required of the contractor in terms of services, deliverables, performance measures and Page 8 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 outcomes, and unless otherwise noted in the RFP, places the responsibility for how they are accomplished on the contractor. 1.9. External Factors External factors may affect the project, including budgetary and resource constraints. Any contract resulting from the RFP is subject to the availability of state and federal funds. As of the issuance of this RFP, HHSC anticipates that budgeted funds will be available to reasonably fulfill the project requirements. If, however, funds are not available, HHSC reserves the right to withdraw the RFP or terminate the resulting contract without penalty. 1.10. Legal and Regulatory Constraints 1.10.1. Delegation of Authority State and federal laws limit HHSC's ability to delegate certain decisions and functions to a contractor, including but not limited to: (1) policy-making authority; and (2) final decision-making authority on the acceptance or rejection of contracted services. 1.10.2. Conflicts of Interest A conflict of interest is a set of facts or circumstances in which either a respondent or anyone acting on its behalf in connection with this procurement has past, present or currently planned personal, professional or financial interests or obligations that, in HHSC's determination, would actually or apparently conflict or interfere with the Respondent's contractual obligations to HHSC. A conflict of interest would include circumstances in which a party's personal, professional or financial interests or obligations may directly or indirectly: • make it difficult or impossible to fulfill its contractual obligations to HHSC in a manner that is consistent with the best interests of the State of Texas; • impair, diminish or interfere with that party's ability to render impartial or objective assistance or advice to HHSC; or • provide the party with an unfair competitive advantage in future HHSC procurements. Neither the respondent nor any other person or entity acting on its behalf, including but not limited to subcontractors, employees, agents and representatives, may have a conflict of interest with respect to this procurement. Before submitting a proposal, respondents should carefully review the HHSC UTCs and the DFPS STCs for additional information concerning conflicts of interests. A respondent must certify that it does not have personal or business interests that present a conflict of interest with respect to the RFP and resulting contract (see Required Certifications Form, Section 3.9.1.8 - Certifications an Other Required Forms). Additionally, if applicable, the respondent must disclose all potential conflicts of interest. The respondent must describe the measures it will take to ensure that there will be no actual conflict of interest and that its fairness, independence and objectivity will be maintained (see the Respondent Information and Disclosure Form, Section 3.9.1.8 - Certifications and Other Required Forms). HHSC will determine to what extent, if any, a potential conflict of interest can be mitigated and managed Page 9 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 during the term of the contract. Failure to identify potential conflicts of interest may result in HHSC's disqualification of a proposal or termination of the contract. 1.10.3. Former Employees of a State Agency Respondents must comply with Texas and federal laws and regulations relating to the hiring of former state employees (see e.g., Texas Government Code 572.054 and 45 C.F.R. X74.43. Such "revolving door" provisions generally restrict former agency heads from communicating with or appearing before the agency on certain matters for two years after leaving the agency. The revolving door provisions also restrict some former employees from representing clients on matters that the employee participated in during state service or matters that were in the employees' official responsibility. As a result of such laws and regulations, a respondent must certify that it has complied with all applicable laws and regulations regarding former state employees (see the Required Certifications form). Furthermore, a respondent must disclose any relevant past state employment of the respondent's or its subcontractors' employees and agents in the Respondent Information and Disclosure form. 1.11. HHSC Amendments and Announcements Regarding this RFP HHSC will post all official communication regarding this RFP to the Electronic State Business Daily (ESBD). HHSC reserves the right to revise the RFP at any time. Any changes, amendments, or clarifications will be made in the form of written responses to respondent questions, amendments, or addendum issued by HHSC on ESBD. Respondents should check the website frequently for notice of matters affecting the RFP. To access the website, go to the ESBD search page and enter a search for this procurement. 1.12. RFP Cancellation/Partial Award/Non-Award HHSC reserves the right to cancel this RFP, to make a partial award, or to make no award if it determines that such action is in the best interest of the State of Texas. 1.13. Right to Reject Proposals or Portions of Proposals HHSC may, in its discretion, reject any and all proposals or portions thereof. 1.14. Costs Incurred Respondents understand that issuance of this RFP in no way constitutes a commitment by HHSC to award a contract or to pay any costs incurred by a respondent in the preparation of a response to this RFP. HHSC is not liable for any costs incurred by a respondent prior to issuance of or entering into a formal agreement, contract, or purchase order. Costs of developing proposals, preparing for or participating in oral presentations and site visits, or any other similar expenses incurred by a respondent are entirely the responsibility of the respondent, and will not be reimbursed in any manner by the State of Texas. Page 10 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 1.15. Protest Procedures TAC Title 1, Part 15, Chapter 391, Subchapter D, subsection 391.401 outlines HHSC's respondent protest procedures. 1.15 Interpretive Conventions Whenever the terms "shall," "must," or "is required" are used in this RFP in conjunction with a specification or performance requirement, the specification or requirement is mandatory. A respondent's failure to address or meet any mandatory requirement in a proposal may be cause for HHSC's rejection of the proposal. Whenever the terms "can," "may," or "should" are used in this RFP in conjunction with a specification or performance requirement, the specification or performance requirement is a desirable, but not mandatory, requirement. Accordingly, a respondent's failure to address or provide any items so referred to will not be the cause for rejection of the proposal. (The remainder of this page has been left intentionally blank) Page 11 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 2. Mission Results/Scope of Work 2.1. Project Scope The mission of DFPS is to protect children, the elderly, and people with disabilities from abuse, neglect, and exploitation by working with clients, families, and communities. HHSC on the behalf of the DFPS CYD Program is soliciting proposals from qualified organizations that provide services in proposed ZIP code areas to promote protective factors in youth and prevent negative outcomes such as juvenile delinquency by funding local programs that reduce referrals to juvenile probation and increase youth protective factors associated with juvenile delinquency. The CYD Program is designed to provide an array of services such as mentoring, youth leadership development, and after school programs to prevent juvenile delinquency with the specifications contained in and referenced by the RFP. Historically the original eleven (11) ZIP codes were determined by the CYD Interagency Planning Workgroup in 1995 as the ZIP codes with the highest incidence of juvenile violent crime in the State of Texas. The ZIP codes were expanded to thirteen (13) in 1998, and to fifteen (15) in the year 2000. Beginning in FY 2017 (with this solicitation,), three (3) additional ZIP codes will be added for a total of 18 ZIP codes. NOTE: The award of contracts in response to this procurement is limited to services for the proposed ZIP code areas and service areas specified in Section 2.4 of this RFP. 2.2. Eligible Population 1. Youth below 18 years of age and their families who live in and/or attend public school in one of the ZIP codes or attend school at a public, middle or high school located outside of the designated ZIP code that has at least 30% enrollment from the designated ZIP code as determined by DFPS. 2. The target age range for youth to be served is 10 - 17 years. Youth under age 6 are not eligible for this service. Youth served from ages 6-9 cannot exceed 30% of annual unduplicated performance measure. 3. Family members of eligible participants are eligible for services if the goal of the service involves preventing delinquency or reducing risk factors of the target youth. Family members eligible for such services are limited to those individuals who are related to and residing in the same household as the eligible youth, including the Primary Caregiver at a minimum. 2.3. Client Service Requirements The awarded Contractor agrees to adhere to the following conditions in the provision of services to clients under this contract: 1. All clients must enter into services voluntarily. Page 12 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 2. Contractor cannot charge clients a fee for participating in a program or for any program participation related costs. 3. Contractor must provide services to families without regard to their economic status. 4. Average number of unduplicated youth served monthly must meet the minimum. That minimum will be determined based on ZIP code needs. An unduplicated youth is a targeted youth with a unique client ID number who receives at least one service and is only counted one time during the performance period. 5. Programs are allowed to serve youth regardless of their ongoing involvement with CPS. 6. Contractor's programs target youth exhibiting at least two of the following risk factors2: a. Poor expressive language; b. Lack of self-control; c. A high degree of impulsiveness and hyperactivity; d. Aggressive temperament; e. Antisocial behavior; f. Friends who engage in "problem behavior;" g. Low school attendance; h. Parent/guardian(s) exhibit low school attainment and/or was a teen parent(s); i. Poor parental/guardian supervision and harsh and erratic discipline; j. Parental conflict and/or single parent families; k. Parent/guardian with mental illness; I. Family history of problem behaviors such as parental drug use, domestic violence or criminal activity; and/or m. History of maltreatment. (The remainder of this page is left intentionally blank) 2 See, for example: Preventing & Reducing Juvenile Delinquency (2003), p. 105. By J.C. Howell. Thousand Oaks, CA: Sage Publications and Child Delinquents: Development Intervention and Service Needs (2003), R. Loeber and D. Farrington, (Eds.). Thousand Oaks, CA: Sage Publications Page 13 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 2.4. Services Areas A Service Area is defined a county listed in Table 1 that has at least one ZIP code needing CYD services as identified in the Community Strengths and Needs Assessment (CSNA). The CYD program under this RFP will operate in eighteen (18) ZIP codes located with the service areas oullined in Table 1, and any youth who lives in or attends public school in the identified ZIP codes is eligible to participate. Also allowed to participate are youth that attend school at a public middle or high school located outside of the designated ZIP code that has at least 30% enrollment from the ZIP code or as determined by DFPS. Services provided in each of the proposed ZIP code areas are customized to address the specific needs of the community as they relate to juvenile delinquency prevention. The awarded Contractor must have the capacity to administer and provide local oversight of the Community Youth Development (CYD) program in the selected ZIP code, but no more that two (2) ZIP codes per county will be awarded. Respondents wishing to serve two ZIP codes are required to submit two separate proposals. DFPS has compiled statistical data showing current metrics specific to the targeted counties as follows: 1. JPR: Juvenile Probation Rate (Provided by Texas Juvenile Justice Department) 2. CAN: Confirmed Abuse and Neglect (Provided by DFPS) 3. TPR: Teen Pregnancy Rate (Provided by the Texas State Health Department) 4. POV: Percentage of Families with Children under 18 in Poverty in 20014 (Provided by DFPS) Table 1. Service Areas Considered for Possible Award County JPR CAN TP POV 1 Bell 19.36 10.6 58.1 21.0 2 Bexar 21.65 11.1 39.3 26.4 3 Brazos 55.08 6.5 21.2 27.4 4 Comal 37.67 11.8 46.0 23.7 5 Dallas 16.84 8.7 44.6 29 6 Denton 11.55 4.7 23.2 9.8 7 Ector 28.9 11.7 88.7 18.6 8 EI Paso 19.07 9.1 58.1 31.7 9 Fort Bend 13.24 2.7 18.4 12.4 10 Galveston 34.26 6.2 41.0 19.9 11 Gregg 19.01 16.3 65.1 26.5 Page 14 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 12 Harris 16.67 5.1 40.6 25.1 13 Hays 28.02 7.9 28.7 17.4 14 Hidalgo 14.74 7.5 66.9 45.5 15 Jefferson 26.86 10.4 42.6 32.3 16 Lubbock 44.69 17.9 41.4 21.3 17 McLennan 32.64 14.5 41.7 27.8 18 Midland 34.35 7.4 63.5 14.1 19 Montgomery 17.54 21.3 32.7 15.5 20 Nueces 32.73 14.8 49.4 23.1 21 Potter 32.88 22.8 76.7 30.2 22 Randall 22.62 11.2 33.0 12.7 23 Tarrant 13.69 11.5 32.8 21.7 24 Taylor 27.14 27.1 59.1 21.7 25 Tom Green 35.57 21.4 35.5 21.3 26 Travis 27.15 7.9 29.4 23.3 27 Tyler 18.91 19.9 67.0 26.3 28 Webb 43.27 6.9 72.1 42.3 29 Wichita 32.21 22.6 46.2 29.1 30 Willacy 36.29 27.9 55.1 45.9 To maximize the reach of the program and ensure a balance across the state between rural and urban areas, PEI will make awards in the following way based on child population: County Child Population in FY 2015 (DFPS Databook) Minimum number of zip codes to be awarded contracts Maximum number of zip codes to be awarded contracts More than 200,000 9 11 Between 40,000 and 199,999 5 6 Less than 40,000 4 5 Contractors will begin direct service delivery no later than 60 calendar days after the effective date of the contract. This transitional 60 day startup period is provided to allow contractors enough time to hire, train and establish policies and procedures for program operations. Respondents may submit one proposal for each ZIP code , but multiple service areas cannot be combined into a single proposal. If a contractor chooses to subcontract for direct services, initial services must be in place within 60 calendar days after contract execution (Or at a future date contingent on actual contract start date). Page 15 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 2.5. Implementation — Requirements 2.5.1. Community Strengths and Needs Assessment (CSNA) Contractor must provide CYD program services for the local community. In addition, the Contractor must complete and maintain a Community Strengths and Needs Assessment (CSNA) to identify local community needs for positive youth development. 1. The CSNA must be used to develop a prioritized list of service needs identified by the community as effective strategies to promote protective factors in youth and prevent negative outcomes such as juvenile delinquency and support positive youth development. a. Service needs identified must not duplicate those already provided in the community through other funding sources, but must fill gaps in service and/or complement other services. b. Strong focus on the core services are required as discussed through this RFP, to include parents of youth in services. 2. The CSNA must be focused on juvenile delinquency prevention and protective factors of youth ages 6-17. In addition: a. All information gathered in the CSNA should relate to and be analyzed in terms of the issues that impact youth. b. Contractor must describe needs for services within the community c. The CSNA must identify the protective factors in place within the community. d. The CSNA must include community's attitudes and expectations of community youth. 3. The CSNA must be a collaborative effort based on community input, including input of local youth. 4. The CSNA must: a. Be made publicly available to interested parties b. Be updated and submitted annually or as otherwise determined by DFPS. 5. Elements: A CSNA may include: a. Data from the Texas Juvenile Justice Department or the local juvenile justice entity on local juvenile crime including, but not limited to, demographics of youth committing crime (e.g. age, gender, race/ethnicity), the geographic area of crime, the geographic area of residence for the youth committing crimes, the nature of crimes committed (felonies, misdemeanors, property or violent crimes, status offenses), and the outcome status of youth involved (deferred adjudication, diversion, incarceration, etc.). Data may apply to the specific ZIP code or to a larger area (e.g. city or county) if ZIP code specific data is not available. The CYD Provider must coordinate with their local Page 16 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 juvenile justice department or the Texas Juvenile Justice Department to obtain this data. b. Data on other risk factors for youth such as school attendance, graduation rates, and teen pregnancy rates, etc. c. A variety of methods may be used to put together a CSNA These methods include focus groups, surveys (online, paper, mailed or telephone), community forums, interviewing key informants, using additional existing data from schools, etc. d. Information gathered from the larger community and not only existing CYD participants. e. Resource information gathered and analyzed from 2-1-1. Community demographics, general geographic location within the state and city, racial/ethnic make-up, income levels, history and values of the community, etc. Data may relate to the larger community such as a district, the city or county while remaining focused on the proposed ZIP code area, but must be related primarily to the community defined by the CYD ZIP code. For the purposes of the assessment, the term `community' refers foremost to the CYD ZIP code, but may also address a larger district, the city as a whole or the county. 6. Deadlines: Contractors must complete a comprehensive CYD community strengths and needs assessment and included in their response to this RFP. The assessment submitted with their response as part of the proposal will cover the period of June 1, 2016 thru August 31, 2017. 7. The assessment must be reviewed and updated annually, no later than September 1 of each fiscal year thereafter, to ensure that the data continues to be an accurate reflection of the community and that CYD services continue to fill needed service gaps. 8. If the annual review of the needs assessment reveals that any services no longer meet needs or are redundant due to newly available services, the Contractor must identify and procure new needed services. If services continue to be a good match to the local service needs and gaps, the Contractor may renew subcontracts per its internal policies and procedures. . 2.5.2. Community Collaboration Committee 1. Contractor must create or participate in an existing community-based collaborative, committee or group. While collaborative committees may have many goals, they must incorporate the following in their work: a. Determination of how to integrate and promote CYD into the community; b. Encourage collaboration among area agencies to provide an integrated means of identifying barriers to service delivery, finding solutions to these Page 17 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 barriers, providing a diverse menu of resources to meet a range of client needs; c. Assist with the CYD Strengths and Needs Assessment; and d. Work collectively to promote positive youth development in the community 2. It is recommended that the Community Collaboration include diverse social service agency representatives such as Texas Juvenile Justice Division (TJJD), Child Protective Services (CPS), CYD service providers, other PEI and DFPS contractors who are serving the same geographic area as the Contractor, local school representatives, community resource and collaboration group (CRCG) members, mental and physical healthcare service providers, law enforcement, as well as area residents/service recipients, businesses, the faith -based community, community leaders and youth. A youth/s who has shown strong leadership capabilities must be part of the collaboration 3. Updates about the Community Collaboration Committee activities including participation by active members must be submitted to PEI in the regular program quarterly reports. 4. Respondent must submit a proposed collaboration plan in its proposal that includes a list of entities that will participate in the collaboration. 5. The C ommunity Collaboration Committee must meet at least once per calendar quarter. 2.5.3. Procurement Implementation for Local CYD Program Services Contractors may subcontract with local service providers for CYD program services through a competitive procurement process. Minimum components of implementing procurement include the following: 1. Contractor must have and follow written policies and procedures for procurement of program services. These written policies must comply with 45 CFR, Part 74. 2. Contractor should utilize a selection process that provides fair and open competition, protects the integrity of the procurement process, and provides best value for expended contract funds. 3. If any subcontracts with local service providers are terminated, and the Contractor has not fully expended the funds obligated to the subcontract during the contract year, the Contractor has a maximum of 60 days to find a replacement service provider and obligate those funds in a manner consistent with the purposes of the CYD program. 4. Changes in service delivery shall be negotiated between the Contractor and their Subcontractor and reported to DFPS. Any changes to the type of service to be provided, or requiring development of a new subcontract, must be approved in advance by DFPS. Page 18 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 2.5.4. CYD Program Services - Minimum Implementation 1. CYD Program Services must include Mentoring, Youth Advisory Committee (YAC), Youth Leadership Development (YLD), and a Parent Involvement component. Also see item 12 below. 2. Additional CYD Program Services that are focused on the prevention of juvenile delinquency must be based on the needs identified in the Community Strengths and Needs Assessment. 3. If a respondent chooses to subcontract some or all CYD services, (except those proposed by the Contractor in the awarded response and approved by DFPS) those services must be procured through a formal procurement process (For FY 17 procurement implementation for CYD program Services, refer to RFP Section 2.5.3.). 4. Program services should reflect a mix of intensive services that serve a limited number of youth (e.g. one on one mentoring) with lower intensity services that serve a higher number of youth (e.g. group recreation). Strong emphasis must be given to the core services. 5. Services must be offered at times and places that meet the needs of local youth. 6. Services must have no empirical evidence or theoretical basis indicating that the practice constitutes a risk of harm to those receiving it. 7. Youth may not participate solely in one-time activities. If one-time activities are planned as a service, they should be an added value for youth already participating in other CYD Program Services or for outreach and recruitments purposes and cannot be a stand- alone service. 8. Program services must be easily accessible to youth. Contractor must address and arrange for transportation needs for any youth in order for them to participate in CYD program activities. 9. Program services must be focused on enhancement of at least one of the following protective factors associated with juvenile delinquency prevention, including, but not limited to: a. Involvement with positive peer group activities and norms; b. Social competencies such as decision making skills, assertiveness; and interpersonal skills; c. Caring adults other than parent; d. Strong bond between children and parents; Page 19 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 e. Emotional support and absence of severe criticism; f. Clear rules and expectations; g. Involvement with school/community; h. Friendship network; Positive perception of self and others; Places high values on helping others; and k. Sense of purpose. 10. CYD must not fund programs that are intended for tertiary prevention of juvenile delinquency (i.e., specifically youth who are currently on probation or are known to have been previously on probation). This will be assessed through self-report at the time of client registration. Prevention programs are intended to prevent juvenile delinquency. Note: Youth whose cases are pre -adjudicated, informally adjudicated, or whose adjudication has been deferred are eligible for CYD services in accordance with Section 2.2 of this RFP. 11. If Program Services are defined as "childcare" based on definitions in the Texas Human Resources Code, Chapter 42, the program will be regulated by DFPS pursuant to Chapter 42, Texas Human Resources Code, as well as minimum standards and other rules. If the program meets the definition of "childcare," the organization implementing the program will be considered a childcare operation and must have an appropriate permit and meet all relevant legal requirements in order to provide services under the contract. In such a situation the suspension or loss of a necessary license will result in termination of the Contract. The Contractor must ensure that all service providers apply to the appropriate regional childcare licensing office for licensing determination. The Contractor must review the results of this determination for compliance. If the Contractor will deliver services directly, they must also take this step and provide the results of the determination to DFPS. 12. CYD Program Services: The Contractor must ensure that all CYD Program Services are adequately staffed and supported (either by the Contractor or locally procured subcontractors) in order to accomplish all the deliverables outlined below. An emphasis must be placed on the four core services of Mentoring, Youth Advisory Committee, Youth Leadership Development, and Parent Involvement. Programs with an evidence - based component will be given higher value during the scoring process. 13. Entertainment costs. Costs of entertainment, including amusement, diversion, and social activities and any associated costs are unallowable, except where specific costs that might otherwise be considered entertainment have a programmatic purpose and are authorized either in the approved budget for the Page 20 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 Federal award or with prior written approval of the Federal awarding agency (Reference OMB 4200.438). Respondent should provide assurances that all field trips have an educational benefit or assist with meeting the goals of the CYD Program and the field trips not expose the participants to any safety risks. Note: Respondents may provide CYD Program Services or may choose to implement all or some of the Program Services entirely through DFPS approved subcontractors procured through the procurement process. All proposed Program Services must follow the RFP's requirements as outlined for CYD Program Services and be detailed in the Respondent's proposal, including Respondent's Subcontractor Budget Form (2030PE1) workbook found in Attachment E of this RFP. 2.6. Core CYD Program Services 1. Mentoring: a. Mentoring must be conducted in individual or small group settings and must primarily focus on facilitating an ongoing positive relationship between the target youth and a caring adult role model who provides help to the younger person as he or she goes through life. The ratio of mentoring group settings should be no larger than 4 youth to one mentor. b. Only face-to-face interactions will be considered direct services to youth. c. There must be program guidelines for the mentoring process, recruitment/training of mentors, and management of the mentoring relationship to ensure client safety and positive outcomes. Program guidelines must address at a minimum the following elements: i. recruitment of mentors and mentees to include application and screening; ii. training of mentors to include number of hours, mode of training used, and topics or content; iii. a definition of mentoring; iv. the role of a mentor and a mentee; V. expectations for the length of service and relationship for both the mentor and mentee; vi. description of the matching process; vii. allowable contact between a mentor and mentee (e.g. only at school or in community); viii. parental notification and/or consent requirements; ix. transportation of mentees; X. guidelines for any financial transactions to include gifts; A. risk assessment and guidelines including managing safety concerns for mentors and mentees; Ai. characteristics of mentees to include warning signs and problem solving for certain behaviors or crises such as self -harm, suicidal ideation, aggression, etc.; supervision and support provided to Page 21 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 mentors; and termination and closure of a mentor or mentee relationship; and xiii. list of available community resources for youth and referral agencies d. Neither peer mentoring nor family mentoring programs satisfy this requirement. 2. Youth Advisory Committee (YAC): a. The goal of the YAC is for a consistent group of youth to provide input, give feedback and help shape the local CYD program. b. The YAC must include 10-20 youth comprised of both middle and high-school youth. c. The YAC must meet monthly, must have between 10 and 20 youth in attendance at each meeting. Respondent should indicate the types of locations meetings will take place and how they will ensure the safety of youth at and transportation to and from the meetings. d. Participating youth must be between the ages of 13 and 17. e. Youth must be engaged in outreach and awareness efforts and evaluation of the CYD program: Outreach and Awareness - youth must be involved in the development of the community strengths and needs assessment and in promoting the CYD program services within their communities in order to engage additional youth into the CYD program. Evaluation - youth must be involved in collecting feedback from local youth, including CYD participants, about CYD services, and the impact of services on juvenile delinquency prevention. f. YAC youth must receive Youth Leadership Development (YLD) services in addition to participating on the YAC. g. Selected YAC youth must participate in the annual CYD Teen Summit. The Teen Summit is intended to strengthen local Youth Advisory Committees and develop leadership skills, while networking with other YAC youth from across the state. Participating YAC youth are to be chosen in collaboration with the CYD Teen Summit contractor. 3. Youth Leadership Development (YLD): a. YLD must be offered to prepare youth to meet the challenges of adolescence through a series of structured, progressive activities and experiences that help them to develop leadership skills (such as conflict resolution, negotiation, communication skills, goal setting, team building, positive self-esteem, and empowerment). Page 22 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 b. The approach must view youth as resources and build on their strengths and capabilities to develop within their own community, and may include activities such as service -learning components. c. Youth must be offered YLD services at least one time per month. d. The YAC group alone does not satisfy the requirement for a youth leadership development program. While all YAC participants must participate in YLD, an YLD program that is separate and distinct from the YAC must be offered with capacity to serve additional youth. 4. Parent Involvement: Family engagement is associated with improved program outcomes.3 Parental involvement increases youth participation in after-school programs, influences constructive parent involvement in the home, increases protective factors and may address risk factors that may lead to juvenile delinquenCy. 4 Further, father -figure involvement is linked to decreased drug use, and decreased delinquent behavior.5 Contractor must demonstrate a commitment to the meaningful involvement of parents. There are several options available to engage parents. Which strategy works best will depend on the dynamics of the community served. These strategies may include parent training/parenting classes, parent leadership programs, counseling, service -based learning, and many other strategies. See RFP Attachment A (Parent Involvement Information) for additional resources on after-school programs and parent involvement programs. a. The awarded Contractor must develop and implement a parent involvement component as one of their goals in the Collaborative Community Committee. b. During the first 90 days of the contract, the Contractor will work with DFPS to develop a Parent Involvement component suited to the Contractor's service area and the community's needs. 2.6.1. Additional CYD Program Services Additional CYD Program Services must be focused on the prevention of juvenile delinquency and based on the funding priorities identified from the results of the strengths and needs assessment. 3 See, for example: Berglund, M.L. eta]. (1998). Positive Youth Development in the United States: Research Findings on Evaluations of Positive Youth Development Programs. Retrieved on January 17, 2014 from the U.S. Department of Health and Human Services, Office of the Assistant Secretary for Planning and Evaluation website: http://aspe.hhs.gov/hsp/positiveyouthdev99/index.htm 4 MetLife Foundation After School Alert (2012). Afterschool: A Key to Successful Parent Engagement. Issue No. 57. Retrieved January 17, 2014 from the After School Alliance website: http://www.afterschoolalliance.org/issue 57 Parent Enc agement. cfm 5 Informed Families (2013). Father Involvement Leads to Healthier Children. Retrieved on January 17, 2014 from the Informed Families website: http://informedfamilies.org/campaigns/red_ribbon/news/father_involvement_leads_to_healthier_children? Page 23 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 Examples of additional CYD Program Services include: 1. Youth -Based Curriculum Class: Services provided to youth that are based upon a written curriculum. 2. Family -Based Curriculum Class: Services provided to the registered youth parent/caregiver along with his/her family member(s). These services are part of a specific written curriculum. (e.g., family skills building, family effectiveness training, etc.). These family programs encourage family unity, communication, improved decision making skills and reduce family conflict. 3. Family Focused Service: Services that are activity based, involve the youth and at least one other family member, and are not part of a written curriculum or counseling. 4. Recreational Services: Rewarding, challenging, and age-appropriate activities provided in a safe, structured, and positive environment, with the intent of reducing delinquency by way of a socializing effect through which youth develop positive qualities. Examples may include organized sports, music, arts and crafts and cultural activities. Boxing is not allowed. 5. Academic Support Services: Designed to increase student engagement in the learning process, improved academic performance and bonding to the school (e.g., cooperative learning techniques," experiential learning" strategies, tutoring and basic skill building). 6. Life Skills Classes: Provide youth participants with social, personal, and vocational skills and opportunities to help them achieve economic success, avoid involvement in criminal activity, and increase social competencies. (e.g., conflict resolution, anger management, healthy relationships, career exploration, and interviewing skills). 2.7. Contractor Requirements 2.7.1. CYD Contract - Program/Fiscal Management Contractor must meet the following minimum requirements while performing contract management: 1. Costs are identified as either operational/administrative or as Program Service costs. Program Service costs are reflected in the balance of total contract funds less the costs to implement and administer the program. 2. Contractor must maintain current policies and procedures for ongoing management of the CYD Program which include, but are not limited to: a. Planning and oversight of overall program, including administrative responsibilities; b. Contractor must have fiscal management to include: reviewing and processing bills to ensure costs are reasonable, necessary, allowable, and allocable under the contract and any Page 24 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 governing regulations, and billed to the month incurred (OMB circulars, federal regulations, and the Texas Administrative Code); proper supporting documentation for costs billed including personnel time; iii. reimbursing for allowable costs in a timely manner; and iv. management of the contract budget. c. Contractor must have appropriate and strong ability to administratively manage all aspects of the contract to include, but not limited to internal controls, personnel requirements, data entry requirements, 2-1-1 listings, reporting suspected abuse and neglect, records maintenance, staff training, job descriptions, 1-9's, and DFPS Background Check requirements. d. Contractor must have appropriate program management to include: quality assurance processes to ensure proper service delivery and progress towards contract performance measures; collection of program forms and monthly participant data from service providers and reviewing for accuracy and client eligibility; iii. adequate staffing to ensure timely and accurate data entry into PEIS database including potential staff absence; and iv. support and at a minimum, monthly supervision of all staff that provide direct services to clients, including volunteers (whether working directly for the Contractor or local service provider). This supervision must provide direct staff and volunteers an opportunity to gain professional development, support, and advice about their work with clients. 3. Contractor policies and procedures regarding program, administrative, and fiscal management of contract and subcontracts must be submitted to DFPS for approval. Updated policies and procedures must be submitted to DFPS if significant changes occur during the contract period. 4. Contractors are required to submit annual budget revisions before the end of each fiscal year of the contract. This feature will give them the flexibility to move funds as necessary to satisfy program requirements. 2.7.2. CYD Contract — Program/Administrative/Fiscal Monitoring All requirements applicable to the Contractor under this RFP will also be required of any subcontractors and the same level of service and expertise as expected of the Contractor will also be expected of any subcontractors hired by the Contractor. Contractor must meet the following minimum requirements while performing subcontract management, if a contractor Page 25 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 chooses to contract out some services based on Community Strengths Needs Assessment (CSNA) results: 1. Contractor must maintain current policies and procedures for ongoing management of the CYD Program to include, but not limited to, providing ongoing training and technical assistance to subcontractors to meet DFPS contracting requirements and individual service goals and performance measures. 2. Contractor must meet the following minimum requirements while performing subcontract compliance monitoring: a. Policies and procedures to address the process for monitoring subcontractors must include, but, are not limited to: whether or not a risk evaluation process will be used to prioritize which subcontractors will be monitored for compliance and if so, what the risk evaluation process is and how it will be used; an annual schedule for compliance monitoring activities; iii. monitoring tools; iv. training of staff who will complete compliance monitoring; V. the timely issuance of monitoring reports to the subcontractor; vi. handling of contract non-compliance; vii. corrective action requirements and follow-up; and viii. contract termination procedures. b. Contractor will ensure their subcontractor(s) are following OMB and TAC guidelines as reflected in Section 2.7.1. Contractor will also ensure that subcontractors are following all applicable DFPS policies, and State, OMB, and Federal rules and regulations. 2.7.3. Additional Program Requirements The awarded Contractor must adhere to the following: 1. Participate in webinars and conference calls as scheduled by DFPS/PEI. The contractor must ensure at least one staff member who is knowledgeable about the program and is authorized to make decisions attend all webinars and conference calls when scheduled by DFPS. 2. Per Section 2.5.4 of this RFP, DFPS will only contract for programs intended for primary and secondary prevention of juvenile delinquency. DFPS will not contract for Page 26 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 programs intended for tertiary prevention of juvenile delinquency that has already occurred or to prevent recidivism. 3. Contractor is responsible for following all policy updates and clarifications issued by DFPS subsequent to this RFP as provided by DFPS Program staff via email or as agreed upon by both DFPS and awarded Contractor. 4. Contractor is expected to provide direct client services and data entry requirements as described within this RFP, but may subcontract for other non -client services as needed (see RFP Sections 2.10 and 3.12). This requirement may change as determined by DFPS and the new PEI data system. 5. Criminal Background Checks (CBC) and Disclosure & Release for Employees, Volunteers, and Subcontractors. The Contractor will ensure the safety of youth and families by coordinating with DFPS to ensure completion of a Criminal Background Check (CBC) of all personnel, adult participants, trainers, volunteers, and others having direct access to youth participants or their information. Section 411.114 of the Texas Government Code and agency policy require DFPS to do Criminal and Abuse/Neglect/Exploitation background checks. Awarded Contractor(s) will be required to disclose and release, or cause its employees, subcontractors and volunteers with direct client contact or access to client records to disclose and release, any allegation made against that employee, subcontractor or volunteer alleging the commission of an act of abuse, neglect or exploitation of children, the elderly or persons with disabilities; criminal history or any current criminal indictment (for felonies) or information (for misdemeanors) involving an offense described in the DFPS STCs , Purchased Services Contract, included with this solicitation. This disclosure and release are required of all individuals who have, or will have, direct contact with clients or access to client records, prior to such contact or access and shall be accomplished through use of: a. A criminal history background check; b. A DFPS abuse and neglect history check; and c. A signed disclosure and release by each such person attesting to this information, which shall be maintained by the contractor and available for review by the Department. Background checks must be renewed at intervals not to exceed 24 months while any contract resulting from this solicitation is in effect. Awarded Contractor(s) will be required to submit criminal, abuse, and neglect history information for background checks electronically through the DFPS Automated Background Check System (ABCS) according to instructions in the DFPS Automated Background Check System Document. Page 27 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 An ABCS administrator will be identified and approved prior to contract initiation. Contractor information necessary to run these checks will be collected via: Forms 2970c and 2971c. It may be necessary for the Contractor to obtain additional information from the employee, subcontractor, or volunteer if the person does not live in Texas or has recently lived outside of Texas and may have a criminal history in another state. Prior to providing any services under contract, current background checks must be completed on the Contractor(s) service provider staff. 2.7.4. Required Reports Required Purpose of Report Minimum Due Date Report Requirements Quarterly Provide ongoing information Complete responses December 30 Report regarding achievements and to questions included March 30 challenges in implementing in report template. June 30 (Form 7487) the CYD Program during the September 30 Of each fiscal year preceding quarter. Annual Report Provide ongoing information Complete responses 45 days after the (Form 7488) regarding achievements and to questions included close of the prior challenges in implementing in report template. DFPS fiscal year the CYD program during the 4t" quarter and Provide a October 15* summary of the *or next business day achievements and challenges of the full contract year, and plans for program changes in the upcoming fiscal year. Community An evaluation conducted on Contractor utilizes its Initial CNSA due with Needs and an annual basis, based on own internal proposal, and Strengths the strengths and needs that assessment. February 1 of each Assessment affect and influence juvenile year thereafter. delinquency within an identified CYD ZIP code. This assessment is carried out by the Contractor in collaboration with the CCC and YAC and its results are used to develop funding Page 28 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 2.7.5. Minimum Staffing Qualifications Program Staffing. Identify and describe the Respondent's proposed labor skill set and provide resumes and proposed job descriptions of all proposed key personnel (as defined by the Respondent). Resumes must demonstrate experience germane to the position proposed. Resumes should include work on projects cited under the Respondent's corporate experience, and the specific functions performed on such projects. Each individual resume should also include at least three (3) references from people who have knowledge of the proposed key person's knowledge, skills and abilities when they perform on recent projects. References may not be the Respondent's or subcontractor's employees. If the key positions being proposed are currently "vacant" or "being created," then submit job descriptions, as we realize that resumes would not be available at the time of proposal submission. 2. If the Respondent plans to subcontract direct client services, then the Respondent should also provide resumes and staffing for subcontractor key personnel who will be involved in the project. 3. Include a staffing plan which provides staff specific qualification requirements, and an agency -based organizational chart representative of the Respondent's overall agency structure. In addition, include a program -based organizational chart that indicates the number of staff and volunteers supervised by each position and clearly show lines of reporting and supervision. 4. Describe your continuity plan for staff vacancies, your process for training new hires in the evidence -based or promising practice program, and your procedures for screening, matching, and providing assignments to volunteers (if utilized). 2.7.6. Minimum Organizational Qualifications 1. Contractor must have at least 2 years of experience in managing budgets, grants, contracts for social services, as well as have at least 2 years of experience in providing programs to youth and families. 2. Contractor must have experience and measurable positive results in procurement, financial, and programmatic oversight of subcontracts (if the respondent plans on using subcontractors). 3. A Contractor that has monitoring reports from any Texas state agency or federal funding entity and/or audits performed on their agency in the past 3 years must submit those monitoring reports with their response that will demonstrate that their agency is Page 29 of 68 priorities for the local CYD procurement. 2.7.5. Minimum Staffing Qualifications Program Staffing. Identify and describe the Respondent's proposed labor skill set and provide resumes and proposed job descriptions of all proposed key personnel (as defined by the Respondent). Resumes must demonstrate experience germane to the position proposed. Resumes should include work on projects cited under the Respondent's corporate experience, and the specific functions performed on such projects. Each individual resume should also include at least three (3) references from people who have knowledge of the proposed key person's knowledge, skills and abilities when they perform on recent projects. References may not be the Respondent's or subcontractor's employees. If the key positions being proposed are currently "vacant" or "being created," then submit job descriptions, as we realize that resumes would not be available at the time of proposal submission. 2. If the Respondent plans to subcontract direct client services, then the Respondent should also provide resumes and staffing for subcontractor key personnel who will be involved in the project. 3. Include a staffing plan which provides staff specific qualification requirements, and an agency -based organizational chart representative of the Respondent's overall agency structure. In addition, include a program -based organizational chart that indicates the number of staff and volunteers supervised by each position and clearly show lines of reporting and supervision. 4. Describe your continuity plan for staff vacancies, your process for training new hires in the evidence -based or promising practice program, and your procedures for screening, matching, and providing assignments to volunteers (if utilized). 2.7.6. Minimum Organizational Qualifications 1. Contractor must have at least 2 years of experience in managing budgets, grants, contracts for social services, as well as have at least 2 years of experience in providing programs to youth and families. 2. Contractor must have experience and measurable positive results in procurement, financial, and programmatic oversight of subcontracts (if the respondent plans on using subcontractors). 3. A Contractor that has monitoring reports from any Texas state agency or federal funding entity and/or audits performed on their agency in the past 3 years must submit those monitoring reports with their response that will demonstrate that their agency is Page 29 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 competent in managing and budgeting their organization's programs and operations as well as subcontracts. 2.7.7. Minimum Organizational Training Respondent's organization must meet the following: 1. Respondent must submit a programmatic and organizational oriented training plan for all CYD staff, including volunteers, sub -contractor staff, and anyone else working on the contract that includes both initial and on-going training. Staff training must include the following competencies: a. Youth development b. Cultural Competency c. New Employee Orientation d. Evidence -Based or Promising Practice Program Training (when appropriate) Based on the services proposed, additional training topics may include, but are not limited to: a. Child Development b. Co -Parenting c. Domestic Violence d. Effective Collaboration e. Impacts of Poverty f. Mental Health g. Motivational Interviewing h. Safe Sleep i. Substance Abuse j. Shaken Baby k. Special Populations I. Sustainability m. Trauma Contractor must document all required training in the personnel files and attendees must sign to indicate attendance/completion. All training must be noted in the regular program quarterly reports. Page 30 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 2.8. Minimum Insurance/Bond Standards 2.8.1. Minimum Insurance/Bond Requirements In order to mitigate risk under this PEN/IFB/RFP's resulting contract, HHSC will require the Contractor to submit all required insurance/bond coverage that meets or exceeds current minimum DFPS insurance requirements and provide the Certificate of Insurance with the signed contract to include in the contract file before this contract is finally executed. 2.8.1.1. The Contractor will provide DFPS with documentation that meets these requirements; which can include, but is not limited to insurance policies, accords, certificates, self-insurance plans and/or bonds. DFPS reserves sole discretion to determine whether a document provided to DFPS meets the current minimum insurance requirements, coverage and/or limits. 2.8.1.2. All required insurance coverage must be issued from a company or companies that have both: (1) a Financial Strength Rating of "A" or better from A.M. Best Company, Inc.; and (2) a Financial Size Category Class of "VII" or better from A.M. Best Company, Inc. 2.8.1.3. All certificates of insurance for required coverage other than workers compensation and professional liability must name the State of Texas and its officers, directors, and employees as additional insureds. 2.8.1.4. If the coverage will be provided through a Self -Insurance Plan, then the plan submitted has to demonstrate that it meets or exceeds these requirements. 2.8.1.5. If the coverage will be provided through a bond or other financial instrument, then the issuer must be authorized to do business in the State of Texas. 2.8.1.6. The following current DFPS minimum insurance coverage and limits must be maintained throughout the resulting contract term: a. Commercial General Liability Insurance or equivalent insurance coverage including, but not limited to, liability with minimum combined bodily injury (including death) and property damage limits of $300, 000 per occurrence, and $600, 000 aggregate. b. Commercial Crime Insurance or equivalent insurance coverage to cover losses from fraudulent and dishonest acts with a minimum limit of $25, 000. The Commercial Crime Insurance or equivalent insurance coverage must include a third party endorsement or equivalent endorsements. c. Professional Liability insurance or equivalent insurance coverage to cover losses from errors and omissions during professional services with a minimum limit of $300, 000 per occurrence, and $600, 000 aggregate. 2.8.2. Equivalent Insurance Coverage - When an equivalent insurance coverage is submitted to satisfy the minimum insurance requirements, the contractor's insurance representative must submit written verification of the equivalency for the required minimum insurance coverage. DFPS reserves sole discretion to Page 31 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 determine whether a document provided to DFPS meets the current minimum insurance requirements, coverage and/or limits. 2.8.3. Contractor Notice to DFPS of Any Material Changes - Contractor will immediately provide written notice to DFPS of any material changes to any document submitted under this Subsection; such notification also includes cancellation of coverage before the expiration date (i.e., end of policy period) of the applicable document. 2.8.4. Renewals or New Coverages during Contract Period - Contractor will be responsible for ensuring that any document submitted under this Subsection is current and in full force and effect. If the document has a period of coverage, then the Contractor will ensure that after each renewal, they immediately provide the new coverage document. In the event that the Contractor obtains coverage from a new issuer or insurer, then the Contractor will immediately provide this document to DFPS. 2.8.5. Request for Documents Contractor will provide any required documents under this Subsection without expense or delay to DFPS. 2.8.6. Proof of Insurance Unless the contractor is self-insured, a Texas Department of Insurance approved Certificate of Insurance is the only acceptable proof of insurance, the DFPS Certificate of Insurance is preferred. The contractor may attach any supporting documentation to the Certificate of Insurance. 2.9. Service Authorization and Referral Intake Process: Contractor and their subcontractors must have a process for intake and assessment of youths' need(s) for services. The intake process must include completion of the PEI Registration Form (Form 7482), the Youth Pre -Service Protective -Factor for youth ages 10-17 (Form 7465), and the CYD Risk Factor Survey. 2. Transition/Case Closure Procedure: Case closure must include collection of a Post - Service Protective Factors Survey (Form 7465) for youth ages 10-17 and a Parent Satisfaction Survey for youth ages 6-9. When services are completed, the Contractor must document closure of the case on the Client Registration Form and in the PEIS database. 3. Area Information Center 2-1-1: All Contractors must add their services to their Region's 2-1-1 Area Information Center and must update their information appropriately within 30 days of any changes in the scope of their program. Contractor and subcontractor information should also be available on the Texas 2-1-1 website. Page 32 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 2.10. DFPS Prevention and Early Intervention Services (PEIS) Database CYD Contractors must key -enter all service data, or any future database developed by DFPS, for all participants served through the CYD program into the DFPS PEIS database using a secure internet connection. Data entered into the PEIS database includes the registration information, service data, and outcome data. Contractor must ensure that computer equipment used for data entry meets minimum requirements established by DFPS for efficient connection to the PEIS database (see RFP Attachment B: Certified Computer Assurance Form). The Contractor must ensure accurate data entry into the PEIS database and must enter all data for a specific month into the system no later than 30 calendar days (or other time determined by DFPS) following the close of the month in which a registration occurred, services were provided, or the file was closed. In order to be approved for database access, prior DFPS and criminal background check clearance must be obtained. Any person given permission to enter or view CYD data must strictly adhere to DFPS rules, regulations and standards for confidentiality, security and integrity of program data. The Contractor is responsible for entering all data into the PEIS database. Note: Data entry must not be subcontracted out or performed by any subcontracted service provider. 2.11. Case Records Management — Tracking Referrals Contractor and subcontractors must track the primary means of recruitment of new clients, including names of the referring agencies/origin of referral, whether services were provided and if subsequent referrals are provided to another social service provider in a self-created referral tracking tool (e.g., basic needs support, healthcare services, and individual counseling). 2.12. Documentation Contractor must track all services provided in accordance with the Contractor's approved Plan of Operation by utilizing appropriate PEI documentation forms. Contractor must ensure all service documentation is complete, accurate, maintained in an organized fashion, and made available to DFPS staff upon request. Contractor must maintain records in a manner which protects the confidentiality of the families being served. Service Documentation must include, but is not limited to sign -in sheets, particularly for group activities. Documentation may also include, if applicable: Monthly Service Tracking forms; 2. Case notes, including phone logs, home visiting notes, office visit notes, etc.; 3. Initial and Ongoing assessment tools; 4. Service Plans; Page 33 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 5. Referral Logs; and 6. All services provided by Contractor and their subcontractors (if applicable) must have valid documentation that supports verification of participant attendance, such as sign -in sheets and attendance rolls including a signature certifying the validity of the information, individual/group progress notes, materials/hand-outs used, date and time of service provided, name of organization providing the service, type of service provided, and additional documentation as appropriate to the proposed program. 2.12.1. DFPS Client Form Files Client files maintained by the Contractor must include, at a minimum, the following DFPS forms: (1) DFPS Registration form, and (2) Risk Factor Survey, DFPS will provide the forms to the Contractor. The Contractor must choose a pre- and post -survey to utilize with clients to measure program effectiveness. The Contractor may utilize The Developmental Assets Profile, The Attitudes and Behavior Survey, and/or the Youth and Program Strengths Survey, developed by the Search Institute. A link to these resources is included in Attachment C. The Contractor may propose utilizing a different survey or assessment instead of those developed by the Search Institute if they have identified a survey or assessment that better meets the needs of the program. The Contractor must ensure clients complete a pre -service survey or assessment (either shortly before or at the beginning of the first service session). The Contractor must ensure clients complete a post -service survey or assessment when the client meets the timeframe for completing services per the performance measures. The Contractor must maintain the original Pre -Service and Post -Service surveys in the client files. In the future, DFPS may change or require different assessment forms, ample notice will be provided to contractors prior to necessary implementation. 2.13. Cost Proposal — Budget Forms Respondent must complete and submit one three month budget (June 1, 2016 -August 31, 2016) and one twelve month budget (September 1, 2016 -September 31, 2017) using the Budget Form 2030PEI workbook located in Attachment E of this RFP. The Instructions for completing both budgets are located within the Form 2030PEI workbook itself. . 2.13.1. Admistrative Overhead Costs 1. Administrative/Overhead costs should follow CFR 200.4.14 but should be capped at no more than 25% of total budget. Administrative costs include, but are not limited to, the following: procurement; payroll; personnel functions; maintenance and operation of space and property; data processing and computer services; accounting; budgeting; and auditing. This applies to both the fiscal agent and subcontractors. Page 34 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 2.13.2. Cost Allocation Plan 2. When costs are distributed between multiple programs or cost centers, the Respondent must develop and submit a Cost Allocation Plan with its response to ensure all costs are allocated properly with particular attention to personnel, building costs, and equipment. See OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards for details regarding cost allocation plans. 3. When line item costs are distributed between multiple programs or cost centers, the Respondent must provide a description of the allocation methodology used, including specific program areas involved, justification of the allocation methodology, formulas, and a summary of the percentages of the costs charged all programs. 2.13.3. CYD Guidelines for Allowable Food Costs Guidelines for allowable food costs for clients and staff are located in RFP Attachment D. 2.14. Compensation 2.14.1. Funding DFPS anticipates the maximum amount of total funding available for all contracts resulting from this RFP is $8,100,000 for FY 2017 subject to the availability of funds.The estimated range of funding amount of any single contract award is from $300,000 to $450,000 per fiscal year. DFPS does not guarantee funding at any level and may increase or decrease funds at any times during the term of a contract resulting from this procurement. Awarded Contractors may not use funds received from DFPS to replace any other federal, state, or local source of funds awarded under any other contract. Additionally, Contractors may not use DFPS funds as match (in-kind or cash match) for any other funding opportunity (grant application) in which the awarded Contractor may be participating. 2.15. Performance Measures HHSC will monitor the performance of the contract issued under this RFP. All services and deliverables under the contract shall be provided at an acceptable quality level and in a manner consistent with acceptable industry standard, custom, and practice. Page 35 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 Goal of the Contract: To prevent delinquency in Target Youths Output Measures Output #1: The expected average number of Target Youths are served monthly. Performance Period: Contractor performance for this output is determined for each month of the contract period, either wholly or partially, depending on the contract start and end dates. Indicator: Average number of unduplicated Target Youths served in the Contractor's CYD Program each month Target: The target for this output measure shall be negotiated. Purpose: To evaluate the Contractor's effort at providing services to youths in the CYD Program Data Source: PEIS Database Methodology: The numerator is the total number of unduplicated Target Youths served by the Contractor during the most recent completed month, added to the total number of unduplicated Target Youths served by the Contractor during each previous completed month (if any). The denominator is the total number of completed months. Divide the numerator by the denominator. Output #2: The expected number of Target Youths are served annually. Performance Period: Contractor performance for this output is determined annually each state fiscal year but measured quarterly, year to date, for one or more of the following periods of the state fiscal year, wholly or partially, depending on the contract start and end dates. Indicator: Total number of unduplicated Target Youths served in the Contractor's CYD Program during the state fiscal year Target: The target for this output measure shall be negotiated. Purpose: To evaluate the Contractor's effort at providing services to youths in the CYD Program Data Source: PEIS Database Methodology: Total number of unduplicated Target Youths with unique client ID numbers that were served by the Contractor during the state fiscal year Outcome Measures Outcome #1: 10-17 year old Target Youths served in the Contractor's CYD Program will not engage in delinquent behavior. Outcome Performance Period: Contractor performance for this outcome is determined annually each state fiscal year. Outcome Indicator: Percentage of 10-17 year old Target Youths that are not referred to a county juvenile probation program while registered in and receiving services from the Contractor's CYD Program during the state fiscal year Outcome Target: 95% Purpose: To evaluate the Contractor's success in providing services that deter delinquent behavior in 10-17 year old Target Youths receiving services from the CYD Program Data Sources: Texas Juvenile Justice Department database and PEIS database Methodology: The numerator is the total number of unduplicated 10-17 year old Target Youths served in the Contractor's CYD Program during the performance period who were also referred to a county juvenile Page 36 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 probation program while registered in the Contractor's CYD Program. An existing protocol for matching youth data maintained in the CYD database with youth data maintained by the Texas Juvenile Justice Department database will be used to establish the numerator. The denominator is the total number of unduplicated 10-17 year old Target Youths served in the Contractor's CYD Program during the performance period. Divide the numerator by the denominator, subtract this number from one, multiply by 100 and state as a percentage. Definitions Exited — A 10-17 year old youth OR a 6-9 year old child who stopped accepting services during the output performance period without completing the program. Protective Factors — Personal characteristics or environmental conditions that interact with risk factors to reduce the likelihood of problem behaviors. Target Youths — Youths through 17 years of age who live in and/or attend school in one of the designated service areas or attend school at another eligible public middle or high school located outside of the designated service area that has at least 30% enrollment from the designated service area as determined by DFPS. Unduplicated Target Youth — A Target Youth with a unique client ID number who receives at least one service is only counted one time during the performance period. 2.16. Participation and Cooperation with Evaluation Agencies DFPS is contracting with Texas Universities and other agencies to study the effectiveness of the Community Youth Development (CYD) program statewide. These evaluations will be comprised of focus groups, staff interviews, evaluation studies, literature reviews and statistical studies during FY17-18. Successful Respondents receiving CYD awards under this RFP are required to cooperate with these evaluation efforts. (The remainder of this page is left intentionally blank) Page 37 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 3. General Instructions and Proposal Requirements 3.1. Vendor Conference HHSC will conduct a vendor conference on Thursday, July 14, 2016 from 10:00am-12:00pm, CST . The Vendor Conference will be available through webinar and conference call, however Respondents may attend in person if desired. Interested Respondents may register for the webinar at the following web address: https://attendee.gotowebinar.com/register/l 930909919444126467 Or call the following conference call number: 877-848-7030 Participant code: 5935164 Or attend in person at the following location: John H. Winters Building 701 W. 51St Street, Conference Room 510E (5t" floor) Austin, Texas, 78752 Visitors should check in at the Security Desk in the lobby and proceed to the conference room Vendor conference attendance is strongly recommended, but is not required. Respondents may email questions for the conference to the HHSC Point of Contact (see Section 1.2) no later than three (3) days before the conference. HHSC will also give respondents the opportunity to submit oral and written questions at the conference. All questions should reference the appropriate RFP page and section number. HHSC will attempt to respond to questions during the vendor conference, but all DFPS responses are not official until posted in Section 1.3 of this RFP in final form on the ESBD. HHSC reserves the right to amend answers prior to the proposal submission deadline. People with disabilities who wish to attend the meeting and require auxiliary aids or services should contact the sole point of contact identified in the HHS RFP/solicitation at least 72 hours before the meeting so appropriate arrangements can be made. 3.2. Questions and Comments All questions and comments regarding this RFP should be sent to the HHSC Point of Contact (see Section 1.2). Questions must reference the appropriate RFP page and section number, and must be submitted by the deadline set forth in Section 1.3. HHSC will not respond to questions received after the deadline. HHSC's responses to vendor questions will be posted to the ESBD. HHSC reserves the right to amend answers prior to the proposal submission deadline. Respondents must notify HHSC of any ambiguity, conflict, discrepancy, exclusionary specification, omission or other error in the RFP by the deadline for submitting questions and comments. If a respondent fails to notify HHSC of these issues, it will submit a proposal at its own risk, and if awarded a contract: (1) shall have waived any claim of error or ambiguity in the RFP or resulting contract, (2) shall not contest HHSC's interpretation of such provision(s), and Page 38 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 (3) shall not be entitled to additional compensation, relief or time by reason of the ambiguity, error, or its later correction. 3.3. Modification or Withdrawal of Proposal Prior to the proposal submission deadline set forth in Section 1.3, a respondent may: (1) withdraw its proposal by submitting a written request to the HHSC Point of Contact; or (2) modify its proposal by submitting a written amendment to the HHSC Point of Contact. HHSC may request proposal modifications at any time. In accordance with Texas Administrative Code Title 1, Part 15, Chapter 391, Subchapter B, §391.201 , HHSC reserves the right to waive minor irregularities or genuine mistakes in a proposal and award a contract that is in the best interest of the State of Texas. HHSC may waive a minor irregularity or permit a respondent to correct a minor irregularity in a response, if the irregularity: (1) is purely a matter of form rather than substance; and (2) does not affect price, quality, or delivery of the desired goods or services. 3.4. Multiple Responses A respondent may submit one or more proposals as a prime contractor. Each proposal must be separately marked and must offer a complete solution in accordance with the RFP requirements. 3.5. No Joint Proposals HHSC will not consider joint or collaborative proposals that require it to contract with more than one respondent. 3.6. Use of Subcontractors Subcontractors providing services under the contract shall meet the same requirements and level of experience as required of the respondent. No subcontract under the contract shall relieve the respondent of the responsibility for ensuring the requested services are provided. Respondents planning to subcontract all or a portion of the work to be performed shall identify the proposed subcontractors. 3.7. Texas Public Information Act 3.7.1. General Requirement for the Release of Proposals Proposals will be subject to the Texas Public Information Act (the Act), located in Texas Government Code Chapter 552 and may be disclosed to the public upon request. Subject to the Act, respondents may protect trade secret and confidential information from public release. If the respondent asserts that information provided in the proposal is trade secrets or other Page 39 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 confidential information, it must be clearly marked such information in boldface type and include the words "confidential" or "trade secret" at top of the page. Furthermore, the respondent must identify trade secret or confidential information, and provide an explanation of why the information is excepted from public disclosure, on the Respondent Information and Disclosures form. HHSC will process any request from a member of the public in accordance with the procedures outlined in the Act. Respondents should consult the Texas Attorney General's website (www.oaq.state. tx.us) for information concerning the Act's application to proposals and potential exceptions to disclosure. 3.7.2. Publication of Major Contracts Texas Government Code 322.020 requires HHSC to provide copies of "major contracts" to the Legislative Budget Board (LBB). If the contract resulting from this procurement falls within the Texas Government Code 322.020 definition of a "major contract," the LBB will provide the public with access to all contract documents. This includes the proposal, unless the respondent can demonstrate that all or part of the proposal is excepted from disclosure under the Texas Public Information Act. In such cases, the respondent will be responsible for preparing, for HHSC's approval, an appendix that describes the exempt information contained in the proposal without disclosing its content, as required by Texas Government Code X322.020 (d). 3.8. Instructions for Submitting Proposals 3.8.1. Number of Copies Submit one (1) original and (1) copy of the proposal. An authorized representative must sign the original in ink. In addition, submit two electronic copies of the entire business and cost proposal on a portable media, such as a thumb drive, compatible with Microsoft Office 2013. The electronic copy must be organized with a file format that corresponds with Section 3.9, Format and Content, of the RFP. HHSC will not accept telephone and facsimile proposals. Any disparities between the contents of the original printed proposal and the electronic proposal will be interpreted in favor of HHSC. 3.8.2. Submission Submit all copies of the proposal to HHSC Procurement and Contracting Services (PCS) Division no later than 2:OOpm CDT, on October 3, 2016. All submissions will be date and time stamped when received by PCS. The clock in the PCS office is the official timepiece for determining compliance with the deadlines in this procurement. HHSC reserves the right to reject late submissions. It is the respondent's responsibility to appropriately mark and deliver the proposal to HHSC by the specified date. Physical Address for hand delivery and overnight and commercial mail: HHSC Procurement and Contracting Services (PCS) Bid Room Attn: Laura Steadman 1100 W. 491h Street, MC 2020 Service Building (Building S) Austin, Texas 78756 Page 40 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 All proposals become the property of HHSC after submission. 3.8.3. Additional Requirements All proposals must be: • clearly legible; • hard copy must a table of contents and have sections appropriately tabbed. • sequentially page -numbered and include the respondent's name at the top of each page; • organized in the sequence outlined in Section 3.15; • bound in a notebook or cover; • correctly identified with the RFP number and submittal deadline; • responsive to all RFP requirements; • typed on 8'/2 by 11 paper; • in Arial or Times New Roman font, size 12 for normal text, no less than size 10 for tables, graphs and appendices; and Proposals may not include materials or pamphlets or other correspondence (i.e. letters of recommendation) that are not specifically requested in this RFP. 3.9. Format and Content The proposal must consist of the following parts: Part 1 - Business Proposal Part 2 - Cost Proposal 3.9.1. Part 1 — Business Proposal The Business Proposal must include the following sections in this order: • Section 1 — Executive Summary • Section 2 — Corporate Background and Experience • Section 3 — Project Work Plan • Section 4 — Value-added Benefits • Section 5 —Assumptions • Section 7 — HUB Subcontracting Plan • Section 8 — Certifications and Other Required Forms 3.9.1.1. Section 1 — Executive Summary In this section, condense and highlight the content of the Business Proposal to provide HHSC with a broad understanding of the respondent's approach to meeting the RFP's business requirements. The summary must demonstrate an understanding of HHSC's goals and objectives for this procurement. Page 41 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 3.9.1.2. Section 2 — Corporate Background and Experience This section details the respondent's corporate background and experience. If the respondent proposes to use subcontractor(s), it must describe any existing or ongoing relationships with the subcontractor(s), including project descriptions. The section should include the following information: 1. Corporate Background and Experience Describe the respondent's corporate background as it relates to projects similar in scope and complexity to the project described in this RFP. Include a description and at least three (3) references from projects performed within the last five (5) years that demonstrate the respondent's ability to perform the Scope of Work described in the RFP. Include contract dates and contact information (customer points of contact, address, telephone number and email address). The respondent must explain whether it performed the work as a prime contractor or subcontractor. If the respondent performed the work as a subcontractor, the respondent must describe the scope of subcontracted activities. If the proposal includes the use of subcontractors, include a similar description of each subcontractor's corporate background and experience. 2. Resumes Identify and describe the respondent's and its subcontractor's proposed labor skill set and provide resumes of all proposed key personnel (as defined by the respondent). Resumes must demonstrate experience germane to the position proposed. Resumes should include work on projects cited under the respondent's corporate experience, and the specific functions performed on such projects. Each resume should include at least three (3) references from recent projects. References may not be the respondent's or subcontractor's employees. 3. Financial Capacity A Respondent must supply evidence of financial stability sufficient to demonstrate reasonable stability and solvency appropriate to the requirements of this procurement. Respondents must submit a current financial statement plus two (2) years of audited financial reports including all supplements, management discussion and analysis, and actuarial opinions. At a minimum, such financial statements and reports shall include: balance sheet; statement of income and expense; statement of changes in financial position; cash flows; and capital expenditures. If the Respondent is a corporation that is required to report to the Securities and Exchange Commission, it must submit its two most recent SEC Forms 10K, Annual Reports. If any change in ownership is anticipated during the twelve (12) months following the proposal due date, the Respondent must describe the circumstances of such change and indicate when the change is likely to occur. Page 42 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 4. Corporate Guarantee If the respondent is substantially owned or controlled, in whole or in part, by one or more other legal entities, the respondent must submit the information required under the "Financial Capacity" section above for each such entity, including the most recent financial statement for each such entity. The respondent must also include a statement that the entity or entities will unconditionally guarantee performance by the respondent of each and every obligation, warranty, covenant, term and condition of the contract. If HHSC determines that an entity does not have sufficient financial resources to guarantee the respondent's performance, HHSC may require the respondent to obtain another acceptable financial instrument or resource from such entity, or to obtain an acceptable guarantee from another entity with sufficient financial resources to guarantee performance. 3.9.1.3. Section 3 — Project Work Plan Describe the respondent's proposed processes and methodologies for providing all components of the Mission Results/Scope of Work described in Article 2, including the respondent's approach to meeting the Project Schedule. Respondent's project work plan must not exceed 30 pages. Resumes, required forms, and staffing plan pages are not included in the 30 page count. The Project Work Plan shall include, but is not limited to a detailed description of: Services provided and their intended benefit to participants; including mentoring, YAC, and YLD at a minimum; also include how services will be delivered in a culturally competent manner and how cultural competency is incorporated throughout the service delivery model. 2. Frequency, duration, and availability of services to each participant or family member, including hours, locations, and accessibility; 3. Target population, including gender and ages appropriate for your organization; 4. Program goals and objectives, including three (3) objectives and total expected number of youth served; 5. Start-up activities and plans for youth and family recruitments and subsequent service referrals, and reduction of potential barriers or other accessibility obstacles; 6. Intake and assessment processes including outreach activities of client engagement and retention; 7. Case documentation and closure; Page 43 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 8. Relationship development plans including the Community Collaborative Committee, Community Strengths and Needs Assessment, and community resources; and 9. Outreach activities and other community-based events or activities planned or participated in for the year. Note: If respondent intends to subcontract any portion of services, a monitoring plan for each proposed subcontractor must be included. 3.9.1.4. Section 4 —Value-added Benefits Describe any services or deliverables that are not required by the RFP that the respondent proposes to provide at no additional cost to HHSC. Respondents are not required to proposed value-added benefits, but inclusion of such benefits may result in a more favorable evaluation. 3.9.1.5. Section 5 — Assumptions State any business, economic, legal, programmatic, or practical assumptions that underlie the respondent's response to the Business Proposal. HHSC reserves the right to accept or reject any assumptions. All assumptions not expressly identified and incorporated into the contract resulting from this RFP are deemed rejected by HHSC. 3.9.1.6. Section 6 — Appendices In response to this Section 3.9.1.6., Section 6 - Appendices, must be submitted as part of the respons provided to this RFP. Please list and attach each appendix as required. The Community Strengths and Needs Assessment (CSNA) Attachment B. Certified Computer Assurance Form Attachment E. Budget for Purchase of Service Contracts (Form 2030PEI (3 months Attachment E, Budget for Purchase of Service Contracts (Form 2030PEI (12 months) Attachment F. Services and Performance Measures Chart 3.9.1.7. Section 7 — HUB Subcontracting Plan Attach the respondent's Historically Underutilized Business (HUB) Subcontracting Plan. Instructions for completing this section are in Article 4 of the RFP. Submit one (1) copy of the HUB Subcontracting Plan (HSP), in accordance with the RFP, in a separate sealed envelope, with the RFP submission, labeled: HUB Subcontracting Page 44 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 Plan (HSP), and include all signatures and supporting documentation in accordance with the HSP. 3.9.1.8. Section 8 — Certifications and Other Required Forms Respondents must submit the following required forms with their proposals: • Child Support Certification; • Debarment, Suspension, Ineligibility, and Voluntary Exclusion of Covered Contracts; • Federal Lobbying Certification; • Nondisclosure Statement; • Required Certifications; • Respondent Information and Disclosures; • Data Use Agreement (DUA); and • Anti-trust Certification • Direct Deposit Form The required forms are located on HHSC's website, under the HHSC Business Opportunities Webpaqe. HHSC encourages respondents to carefully review all of these forms and submit questions regarding their completion prior to the deadline for submitting questions (see Section 1.3). 3.9.2. Part 2 — Cost Proposal Respondents should refer to RFP Section 2.14 Funding, for information regarding funding thresholds. Attachment E, Budget for Purchase of Service Contracts, (Form 2030PE1), workbook provides the format and instructions for submitting cost proposals. . Respondents must complete the Budget Form 2030PEI workbook for FY 17 (for the period of June 1, 2016 -August 31, 2017 and then again for FY 18 (September 1, 2017 -August 31-2018) and place them in a separate, sealed package, clearly marked with "Part 2 - Cost Proposal", along with the Respondent's name, the RFP number, and the RFP submission date. Respondents must base their Cost Proposals on the Scope of Work described in Section 2 of this RFP. This section should include any business, economic, legal, programmatic, or practical assumptions that underlie the Cost Proposal. HHSC reserves the right to accept or reject any assumptions. All assumptions not expressly identified and incorporated into the contract resulting from this RFP are deemed rejected by HHSC. Respondents must separately identify and describe any value-added benefits, cost -savings and cost -avoidance methods and measures, that it proposes to employ, and the effect of such methods on the Cost Proposal and Scope of Work in its response. Page 45 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 3.9.3. Additional Budget Specific Information The following additional budget specific information is provided to assist Respondents in budget planning and preparation: 1. Please review the instructions tab found in Budget for Purchase of Service Contracts, (Form 2030PE1) workbook, 2. Costs shared between programs must be budgeted using your Cost Allocation Plan. 3. Budget calculations should use two decimal points. 4. Budget calculations should use exact expense figures. Please do not round up or down. 5. Average Monthly Salary - Enter the average monthly salary. Since pay periods vary from agency to agency, the average would be the annual total salary divided by 12. 6. Proposed Salary Increases. If you have an employee currently earning $2,600.00 per month, and you project a a salary increase four months after contract execution , resulting in a monthly salary of $2,700.00 per month, then please list the position twice, the first line would list the position for 4 months at $2,600.00 per month, and the second listing would be for 8 months at $2,700 per month. 7. Salary. Please be consistent with position titles and percentage of time on contract in the budget, budget narrative and your organizational chart. 8. Fringe. Texas Unemployment Compensation Act, (TUCA) calculations restart with each calendar year and is assessed on the first $9,000 earned per calendar year (not fiscal year). 9. Fringe. Federal Insurance Contribution Act (FICA), is currently calculated at 7.65%. 10. Travel. Vendor's travel expenses, which include, but may not be limited to, transportation, lodging, meals, and incidental expenses and comply with OMB A-87 and Uniform Grant Guidance (UGG). 11. Travel. Mileage is currently $.54 per mile at the time of RFP publication. 12. Travel. Hotel rates are based on approved Texas rates for in state travel and GSA rates for out of state travel. 13. Travel. Per diem in Texas is $36 per day at the time of RFP publication. Outside of Texas, use the GSA per diem rate for the out-of-state location. 14. Travel. Meals. For "in-state" meal reimbursement, DFPS reimburses for actual out-of-pocket cost up to $27 per day for the first and last day of travel associated with overnight stays. Meal reimbursements for overnight stays other than first and last dates of travel remain at actual out-of-pocket cost up to $36 per day. The reimbursement of meals should not be a flat claim of the maximum reimbursement rate per day. It should be a claim for true out-of-pocket meal cost not to exceed the daily state reimbursement allowance. Itemized receipts must be submitted with the travel claim if groceries are purchased. Groceries purchased for meals can only be purchased one day at a time, for the meals associated with that day. Meal expenses are not reimbursed if they were incurred within 50 miles of the traveler's headquarters or residence. 15. Travel. Provider Orientation Meeting. Budget estimates should include projected expenses for an orientation two day "kick off' meeting to be held in Austin shortly after contract execution and designed to discuss the contract and program requirements in depth and allow Contractors to ask questions. The projected Page 46 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 audience should be those Contractor employees directly involved in the daily development and operation of the new program (i.e. ED/CEO, Program Director, CFO, Operations Manager, Quality Director) but limited to no more than three (3) staff for two nights due to conference room space limitations. 16. Travel. Annual Partners In Prevention (PIP) Conference. Budget estimates should include projected expenses for a one day provider meeting followed by a two day conference (total of 3 nights) projected to be in the fall of 2018. Location to be determined but for budgeting puposes, please plan on a hotel rate of $135 per night (before taxes). Respondents should plan to have at least two (2) staff attending the provider meeting and PIP conference. Respondents may, and are encouraged to budget for additional staff to attend the PIP conference, but due to space limitations please only budget for two staff to attend the one day provider meeting. 17. Travel. Training and Technical Assistance (T&TA). Please add this line to your travel budget with a value of $0.00 as a place holder. This is used in case T&TA is needed and travel is involved. 18. Other Costs. Conference Registration Fees. Belong in this category, not in travel. Partners in Prevention (PIP) registration fees will be $105 per person. 19. Other Costs. Training and Technical Assistance (T&TA). Budgeted costs must include a $3,500 training and technical assistance allowance. These funds are set aside to be used if and when technical assistance is needed. 20. Methodology for Contract Budget Narrative. Please provide a short explanation of the proposed expense in this column in the "Proposed Budget" Tab. 21. Match Budget. Only applicable if your contract requires match. 3.10. News Releases Prior to final award, a vendor may not issue a press release or provide any information for public consumption regarding its participation in the procurement. Requests should be directed to the HHSC Point of Contact identified in Section 1.2. This Section 3.4 does not preclude business communications necessary for a Respondent to develop a proposal or required reporting to shareholders or governmental authorities. 3.11. Incomplete Proposals HHSC may reject without further consideration a proposal that does not include a complete, comprehensive, or total solution as requested by the RFP. 3.12. State Use of Ideas HHSC reserves the right to use any and all ideas presented in a proposal unless the respondent presents a valid legal case that such ideas are trade secret or confidential information, and identifies the information as such in its proposal (see Section 3.13). A respondent may not object to the use of ideas that are not the respondent's intellectual property and so designated in the proposal that: (1) were known to HHSC before the submission of the proposal; (2) were in the public domain through no fault of HHSC; or (3) became properly known to HHSC after proposal submission through other sources or through acceptance of the proposal. Page 47 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 3.13. Property of HHSC Except as otherwise provided in this RFP or the resulting contract, all products produced by a respondent, including without limitations the proposal, all plans, designs, software, and other contract deliverables, become the sole property of HHSC. 3.14. Copyright Restriction HHSC will not consider any proposal that bears a copyright. 3.14.1. INDEMNITY. TO THE EXTENT ALLOWED BY LAW, CONTRACTOR WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS AND ITS OFFICERS AND EMPLOYEES, AND DARS AND ITS OFFICERS AND EMPLOYEES, FROM AND AGAINST ALL CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING ATTORNEYS' FEES AND COURT COSTS ARISING OUT OF, OR CONNECTED WITH, OR RESULTING FROM: CONTRACTOR'S PERFORMANCE OF THE CONTRACT, INCLUDING ANY NEGLIGENT ACTS OR OMISSIONS OF CONTRACTOR, OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF CONTRACTOR, OR ANY THIRD PARTY UNDER THE CONTROL OR SUPERVISION OF CONTRACTOR, IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT; OR ANY BREACH OR VIOLATION OF A STATUTE, ORDINANCE, GOVERNMENTAL REGULATION, STANDARD, RULE, OR BREACH OF CONTRACT BY CONTRACTOR, ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF CONTRACTOR, OR ANY THIRD PARTY UNDER THE CONTROL OR SUPERVISION OF CONTRACTOR, IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT; OR EMPLOYMENT OR ALLEGED EMPLOYMENT, INCLUDING CLAIMS OF DISCRIMINATION AGAINST CONTRACTOR, ITS OFFICERS, OR ITS AGENTS; OR WORK UNDER THIS CONTRACT THAT INFRINGES OR MISAPPROPRIATES ANY RIGHT OF ANY THIRD PERSON OR ENTITY BASED ON COPYRIGHT, PATENT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS. CONTRACTOR WILL COORDINATE ITS DEFENSE WITH THE TEXAS ATTORNEY GENERAL AS REQUESTED BY DARS. THIS PARAGRAPH IS NOT INTENDED TO AND WILL NOT BE CONSTRUED TO REQUIRE THE CONTRACTOR TO INDEMNIFY OR HOLD HARMLESS DARS OR THE STATE FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF DARS OR ITS EMPLOYEES ACTING IN THEIR CAPACITY AS AN EMPLOYEE OF DARS. Page 48 of 68 Community Youth Development (CYD) Program RFP No. 530-17-0002 IF CONTRACTOR IS A PHYSICIAN OR PSYCHIATRIST, THE STATE OF TEXAS SHALL INDEMNIFY CONTRACTOR IN ACCORDANCE WITH TEX. CIV. PRACT. & REM. CODE, CHAPTER 104. 3.15. Additional Information By submitting a proposal, the respondent grants HHSC the right to obtain information from any lawful source regarding the respondent's and its directors', officers', and employees': (1) past business history, practices, and conduct; (2) ability to supply the goods and services; and (3) ability to comply with contract requirements. By submitting a proposal, a respondent generally releases from liability and waives all claims against any party providing HHSC information about the respondent. HHSC may take such information into consideration in evaluating proposals. (The remainder of the page is left intentionally blank) Page 49 of 68 4. Historically Underutilized Business Participation In accordance with Texas Government Code Chapter 2161, Subchapter F, X2161.252 (b) a proposal that does not contain a HUB Subcontracting Plan (HSP) is non-responsive; and in accordance with Texas Administrative Code �20.14(b)(3). Responses that do not include a completed HUB subcontracting plan in accordance with this subsection shall be rejected due to material failure to comply with Government Code, �2161.252(b). 4.1. Introduction The sole point of contact for HUB inquires: Texas Health and Human Services Commission Joy Simmons, HUB Coordinator Phone: (512) 406-2595 E-mail: joy.simmons(&hhsc.state.tx.us HHSC is committed to promoting full and equal business opportunities for businesses in state contracting in accordance with the goals specified in the State of Texas Disparity Study. HHSC encourages the use of Historically Underutilized Businesses (HUBs) through race, ethnic and gender -neutral means. HHSC has adopted administrative rules relating to HUBs and a Policy on the Utilization of HUBs which is located on HHSC's website. Pursuant to Texas Government Code X2161.181 and X2161.182 and HHSC's HUB policy and rules, HHSC is required to make a good faith effort to increase HUB participation in its contracts. HHSC may accomplish the goal of increased HUB participation by contracting directly with HUBs or indirectly through subcontracting opportunities. 4.2. HHSC's Administrative Rules HHSC has adopted the CPA's HUB rules as its own. HHSC's rules are located in the Texas Administrative Code Title 1, Part 15, Chapter 391, Subchapter G and the CPA rules are located in Texas Administrative Code Title 34, Part 1, Chapter 20, Subchapter B. If there are any discrepancies between HHSC's administrative rules and this RFP, the rules shall take priority. 4.3. Statewide Annual HUB Utilization Goal The CPA has established statewide annual HUB utilization goals for different categories of contracts in Texas Administrative Code Title 34, Part 1, Chapter 20, Subchapter B, $20.13 of the HUB rules In order to meet or exceed the statewide annual HUB utilization goals, HHSC encourages outreach to certified HUBs. Contractors shall make a good faith effort to include certified HUBs in the procurement process. This procurement is classified as an All Other Services procurement under the CPA rule and therefore has a statewide annual HUB utilization goal of 26.0% per fiscal year. 50 4.4. Required HUB Subcontracting Plan In accordance with Texas Government Code Chapter 2161, Subchapter F, &2161.252 each state agency that considers entering into a contract with an expected value of $100,000 or more shall, before the agency solicits bids, proposals, offers, or other applicable expressions of interest for the contract, determine whether there will be subcontracting opportunities under the contract. If the state agency determines that there is that probability, the agency shall require that each bid, proposal, offer, or other applicable expression of interest for the contract include a historically underutilized business subcontracting plan. In accordance with Texas Administrative Code Title 34, Part 1, Chapter 20, Subchapter B, X20.14 (a)(1)(C) of the HUB Rule, state agencies may determine that subcontracting is probable for only a subset of the work expected to be performed or the funds to be expended under the contract. If an agency determines that subcontracting is probable on only a portion of a contract, it shall document its reasons in writing for the procurement file. HHSC has determined that subcontracting opportunities are probable for this RFP. As a result, the respondent must submit an HSP with its proposal. The HSP is required whether a respondent intends to subcontract or not. Submit one (1) copy of the HUB Subcontracting Plan (HSP), in accordance with the RFP, in a separate sealed envelope, with the RFP submission, labeled: HUB Subcontracting Plan (HSP), and include all supporting documentation in accordance with the HSP. In the HSP, a respondent must indicate whether it is a Texas certified HUB. Being a certified HUB does not exempt a respondent from completing the HSP requirement. HHSC shall review the documentation submitted by the respondent to determine if a good faith effort has been made in accordance with solicitation and HSP requirements. During the good faith effort evaluation, HHSC may, at its discretion, allow revisions necessary to clarify and enhance information submitted in the original HSP. If HHSC determines that the respondent's HSP was not developed in good faith, the HSP will be considered non-responsive and will be rejected as a material failure to comply with advertised specifications. The reasons for rejection shall be recorded in the procurement file. 4.5. CPA Centralized Master Bidders List Respondents may search for HUB subcontractors in the CPA's Centralized Master Bidders List (CMBL) HUB Directory, which is located on the CPA's website at http://www2.cpa.state.tx.us/cmbl/cmblhub.html. For this procurement, HHSC has identified the following class and item codes for potential subcontracting opportunities: 4.5.1. National Institute of Governmental Purchasing (NGIP) Class/Item Code(s): 952-17 Child Abuse Identification Treatment and Prevention (Including Sexual Abuse) 952-21 Counseling 952-59 Human Services 952-83 Summer Youth Program 952-85 Support Services 952-90 Training and Instruction (for clients, not staff) 51 952-95 Youth Care Services 924-05 Advisory Services, Educational 924-18 Educational Services, Alternative 924-76 Student Activities Services Respondents are not required to use, nor limited to using, the class and item codes identified above, and may identify other areas for subcontracting. HHSC does not endorse, recommend nor attest to the capabilities of any company or individual listed on the CPA's CMBL. The list of certified HUBs is subject to change, so respondents are encouraged to refer to the CMBL often to find the most current listing of HUBs. 4.6. HUB Subcontracting Procedures — If a Respondent Intends to Subcontract An HSP must demonstrate that the respondent made a good faith effort to comply with HHSC's HUB policies and procedures. The following subparts outline the items that HHSC will review in determining whether an HSP meets the good faith effort standard. A respondent that intends to subcontract must complete the HSP to document its good faith efforts. 4.6.1. Identify Subcontracting Areas and Divide Them into Reasonable Lots A respondent should first identify each area of the contract work it intends to subcontract. Then, to maximize HUB participation, it should divide the contract work into reasonable lots or portions, to the extent consistent with prudent industry practices. 4.6.2.Notify Potential HUB Subcontractors The HSP must demonstrate that the respondent made a good faith effort to subcontract with HUBs. The respondent's good faith efforts shall be shown through utilization of all methods in conformance with the development and submission of the HSP and by complying with the following steps: Divide the contract work into reasonable lots or portions to the extent consistent with prudent industry practices. The respondent must determine which portions of work, including goods and services, will be subcontracted. Select the appropriate method(s) to demonstrate good faith effort. The respondent can use either method(s) 1, 2, 3, 4 or 5: 4.6.2.1. Method 1: Respondent Intends to Subcontract with only HUBs: The respondent must identify in the HSP the HUBs that will be utilized and submit written documentation that confirms 100% of all available subcontracting opportunities will be performed by one or more HUBs; or, 52 4.6.2.2. Method 2: Respondent Intends to Subcontract with HUB Protege(s): The respondent must identify in the HSP the HUB Protege(s) that will be utilized and should: include a fully executed copy of the Mentor Protege Agreement, which must be registered with the CPA prior to submission to HHSC, and identify areas of the HSP that will be performed by the Protege. HHSC will accept a Mentor Protege Agreement that has been entered into by a respondent (Mentor) and a certified HUB (Protege) in accordance with Texas Government Code X2161.065. When a respondent proposes to subcontract with a Protege(s), it does not need to provide notice to three (3) HUB vendors for that subcontracted area. Participation in the Mentor Protege Program, along with the submission of a Protege as a subcontractor in an HSP, constitutes a good faith effort for the particular area subcontracted to the protege; or, 4.6.2.3. Method 3: Respondent Intends to Subcontract with HUBs and Non-HUBs (Meet or Exceed the Goal): The respondent must identify in the HSP and submit written documentation that one or more HUB subcontractors will be utilized and that the aggregate expected percentage of subcontracts with HUBs will meet or exceed the goal specified in this solicitation. When utilizing this method, only HUB subcontractors that have existing contracts with the respondent for five years or less may be used to comply with the good faith effort requirements. When the aggregate expected percentage of subcontracts with HUBs meets or exceeds the goal specified in this solicitation, respondents may also use non -HUB subcontractors; or, 4.6.2.4. Method 4: Respondent Intends to Subcontract with HUBs and Non- HUBs (Does Not Meet or Exceed the Goal): The respondent must identify in the HSP and submit documentation regarding both of the following requirements: • Written notification to trade organizations and/or development centers to assist in identifying potential HUBs of the subcontracting opportunities the respondent intends to subcontract. Respondents must give trade organizations and/or development centers at least seven (7) working days prior to submission of the respondent's response for dissemination of the subcontracting opportunities to their members. A list of trade organizations and/or development centers is located on CPA's website under the Minority and Women Organization Links. 53 Written notification to at least three (3) HUB businesses of the subcontracting opportunities that the respondent intends to subcontract. The written notice must be sent to potential HUB subcontractors prior to submitting proposals and must include: o a description of the scope of work to be subcontracted; o information regarding the location to review project plans or specifications; o information about bonding and insurance requirements; o required qualifications and other contract requirements; and o a description of how the subcontractor can contact the respondent. • Respondents must give potential HUB subcontractors a reasonable amount of time to respond to the notice, at least seven (7) working days prior to submission of the respondent's response unless circumstances require a different time period, which is determined by the agency and documented in the contract file. • Respondents must also use the CMBL, the HUB Directory, and Internet resources when searching for HUB subcontractors. Respondents may rely on the services of contractor groups, local, state and federal business assistance offices, and other organizations that provide assistance in identifying qualified applicants for the HUB program. 4.6.3. Written Justification of the Selection Process HHSC will make a determination if a good faith effort was made by the respondent in the development of the required HSP. One or more of the methods identified in the previous sections may be applicable to the respondent's good faith efforts in developing and submission of the HSP. HHSC may require the respondent to submit additional documentation explaining how the respondent made a good faith effort in accordance with the solicitation. A respondent must provide written justification of its selection process if it chooses a non -HUB subcontractor. The justification should demonstrate that the respondent negotiated in good faith with qualified HUB bidders and did not reject qualified HUBs who were the best value responsive bidders. 4.7. Method 5: Respondent Does Not Intend to Subcontract When the respondent plans to complete all contract requirements with its own equipment, supplies, materials and/or employees, it is still required to complete an HSP. The respondent must complete the "Self Performance Justification" portion of the HSP, and attest that it does not intend to subcontract for any goods or services, including the class and item codes identified in Section 4.5. In addition, the respondent must identify the sections of the proposal that describe how it will complete the Scope of Work using its own resources or provide a statement explaining how it will complete the Scope of Work using its own resources. The respondent must agree to comply with the following if requested by HHSC: • provide evidence of sufficient respondent staffing to meet the RFP requirements; • provide monthly payroll records showing the respondent staff fully dedicated to the contract; • allow HHSC to conduct an on-site review of company headquarters or work site where services are to be performed and, • provide documentation proving employment of qualified personnel holding the necessary licenses and certificates required to perform the Scope of Work. 54 D M HSP and HSP cmbIsearchresuIts(1 CVDQuick Checklist. ).XIsx 4.8. Post -award HSP Requirements The HSP shall be reviewed and evaluated prior to contract award and, if accepted, the finalized HSP will become part of the contract with the successful respondent(s). After contract award, HHSC will coordinate a post -award meeting with the successful respondent to discuss HSP reporting requirements. The contractor must maintain business records documenting compliance with the HSP and must submit monthly subcontract reports to HHSC by completing the HUB HSP Prime Contractor Progress Assessment. This monthly report is required as a condition for payment to report to the agency the identity and the amount paid to all subcontractors. As a condition of award, the Contractor is required to send notification to all selected subcontractors as identified in the accepted/approved HSP. In addition, a copy of the notification must be provided to the agency's Contract Manager and/or HUB Program Office within 10 days of the contract award. During the term of the contract, if the parties in the contract amend the contract to include a change to the scope of work or add additional funding, HHSC will evaluate to determine the probability of additional subcontracting opportunities. When applicable, the Contractor must submit an HSP change request for HHSC review. The requirements for an HSP change request will be covered in the post -award meeting. When making a change to an HSP, the Contractor will obtain prior written approval from HHSC before making any changes to the HSP. Proposed changes must comply with the HUB Program good faith effort requirements relating to the development and submission of a HSP. If the Contractor decides to subcontract any part of the contract after the award, it must follow the good faith effort procedures outlined in Section 4. of this RFP (e.g., divide work into reasonable lots, notify at least three (3) vendors per subcontracted area, provide written justification of the selection process, and/or participate in the Mentor Protege Program). For this reason, HHSC encourages respondents to identify, as part of their HSP, multiple subcontractors who are able to perform the work in each area the respondent plans to subcontract. Selecting additional subcontractors may help the selected contractor make changes to its original HSP, when needed, and will allow HHSC to approve any necessary changes expeditiously. Failure to meet the HSP and post -award requirements will constitute a breach of contract and will be subject to remedial actions. HHSC may also report noncompliance to the CPA in accordance with the provisions of the Vendor Performance and Debarment Program. 55 56 5. Proposal Evaluation HHSC will use a formal evaluation process to select the successful respondent(s). HHSC will consider capabilities or advantages that are clearly described in the proposal, which may be confirmed by oral presentations, site visits, demonstrations, and references contacted by HHSC. HHSC reserves the right to contact individuals, entities, or organizations that have had dealings with the respondent or proposed staff, whether or not identified in the proposal. HHSC will more favorably evaluate proposals that offer no or few exceptions, reservations, or limitations to the terms and conditions of the RFP, including the awarding agency's UTCs. 5.1. Evaluation Criteria HHSC will evaluate proposals based on the following best value criteria, in accordance with the Texas Administrative Code Title 1, Part 15, Chapter 391, Subchapter B, X391.207. The extent to which the Respondent's proposed services meet the needs of HHSC and DFPS and the client(s) for whom the services are being procured as determined by the work plan 35% Project Work Plan 35% Respondent Background and Experience 20% Project Cost with a focus on cost per family served; 10% 5.2. Initial Compliance Screening HHSC will perform an initial screening of all proposals received. Unsigned proposals and proposals that do not include all required forms and sections are subject to rejection without further evaluation. In accordance with Section 3.3, HHSC reserves the right to waive minor irregularities or genuine mistakes in a proposal and award contracts that are in the best interest of the State of Texas. HHSC reserves the right to disqualify respondents that take numerous exceptions to the UTCs. Exceptions not stated on the Respondent Information and Disclosures form will not be considered by HHSC and will be deemed rejected. 5.3. Competitive Range Determinations HHSC and DFPS may determine that certain proposals are within the competitive range for consideration for negotiation and possible contract award, for proposals that receive the highest or most satisfactory evaluation. DFPS may, in the interest of administrative efficiency, place reasonable limits on the number of proposals that will be included in the competitive range. 57 5.4. Oral Presentations and Site Visits HHSC may, at its sole discretion, request oral presentations, site visits, and/or demonstrations from one or more respondents included in the competitive range. HHSC will notify selected respondents of the time and location for these activities, and may supply agendas or topics for discussion. HHSC reserves the right to ask additional questions during oral presentations, site visits, and or demonstrations to clarify the scope and content of the written proposal. The respondent's oral presentation, site visit, and/or demonstration must substantially represent material included in the written proposal, and should not introduce new concepts or offers unless specifically requested by HHSC. 5.5. Best and Final Offers HHSC may, but is not required to, permit respondents to prepare one or more revised offers. For this reason, respondents are encouraged to treat their original proposals, and any revised offers requested by HHSC, as best and final offers. 5.6. Discussions with Respondents HHSC may, but is not required to, conduct discussions with all, some, or none of the respondents included in the competitive range for the purpose of obtaining the best value for HHSC. It may conduct discussions for the purpose of: obtaining clarification of proposal ambiguities; requesting modifications to a proposal; and/or obtaining a best and final offer. HHSC and DFPS may make an award that represents best value to the State of Texas. 58 6. RFP Attachments Attachment A: Parent Involvement Information Attachment B: Certified Computer Assurance Form Attachment C: Search Institute 40 Developmental Assets Tool Attachment D: CYD Guidelines for Allowable Food Costs Attachment E: Cost Proposal Budget for Purchase of Service Contracts (Form 2030PE1) Attachment F: Services and Performance Measures Chart Attachment G: Internal Controls Questionaire 59 Attachment A — Parent Involvement Resources Positive Youth Development in the United States http://aspe.hhs.gov/hsp/positiveyouthdev99/index.htm 2. Family Involvement in Expanded Learning Programs for High School Students http://www.expandinglearning.org/expandingminds/article/family-involvement-expanded- learning-programs-high-school-students 3. Afterschool: A Key to Successful Parent Engagement http://www.afterschoolalliance.org/issue 57 Parent Engagement.cfm 4. Texans Care for Children http://texanscareforchildren.orq/Texas-Childrens-Mental-Health-Forum/Quick-Facts Kreider, H. M. and Mayer, E. (2006). Improve Family Engagement in After -School Programs. Our Children, 32(2), 12-14. (The remainder of this page is intentionally blank.) We Hardware Software ATTACHMENT B CERTIFIED COMPUTER ASSURACE FORM Minimum Computer Requirements • Pentium 350MHz or faster, or Power Macintosh • Internet connection using a 56K modem or faster (broadband, DSL, or Cable modem is preferred) • 512mb ram • Color Monitor set to 800 x 600 resolution or greater • Windows Vista or above or MAC OS 8.0 or above • JavaScript enabled Browser: • Internet Explorer 8.1 or greater • Netscape 9.0 or greater • Firefox 3.6 or greater • Safari (for Macintosh) • Adobe Acrobat Reader and\or MS Excel installed for reports Network Requirements • The following Address, IPS, Ports need to be accessible through firewalls: • Access the PEI system at https://peis.dfps.state.tx.us • Access to the PEI server IP and port. • Proxy servers need to add the IP address 168.38.210.20 (gw8675p.dfps.state. tx.us) to the exclusion list. • Firewalls need to permit outbound 168.38.210.20 TCP/UDP 443. • The PEI server IP address - 168.40.197.249 • The site is accessible through Port 443. Services To At -Risk Youth (STAR) Database • Java software version 1.6.0_45 (URL for this version is provided by DFPS/PEI). Additional Change Password URL and Cisco AnyConnect Software • The Change Password URL and Cisco AnyConnect Virtual Private Network application instructions are provided by DFPS/PEI. By signing below, I am certifying that the computer equipment used for data entry meets the minimum requirements established by DFPS for efficient connection to the PEIS database or will meet these requirements within 30 days of a notice of contract award. Organization's Name Signature of Authorized Official 61 Date Attachment C - Search Institute - 40 Developmental Assets Search 40 Developmental Assete I n 5 r s r u r e Searh Gr,tit-Lk'' lona id ntifiUd tloc f.iHOW ift' buddjag bki:kr A healthy � development that help young people grow up f, ithy, sang, anti nspor�sible. HEALTHY YIDIITHC,RS Category Asset Name and Definition Support L Family Support-Farnily life provides high levels of love and support. 2. positive Family {Communication -Young pe:xm and her or his parentl0 eornrmunicate positively and young person is willing to seek advice and counsel from parents. 3. Other Adult Relatioushipo-Young per -Am aeceivessuppmt from three or more nomparentadults. 4. Baring Neighborhood -Young person experiences caring neighbor-:. 5. Caring School ClimatgSchool provides a caring; enooraaging environment 6. Parerd Involvement in Schooling-Parentisjare actively involved in helping young person suomed in school. Empowerment 7, Community Values Youth -Young perscm perceives that adults in the cmmrnunity value youth & Youth as 1$esounss-Young people are given useful roles in the cormnurdty. '1 9, Service to Others -Yining perstuu serves in the coanmunity one four or moue per wreek. a) 1C, Safety -Yining per -um feeLs. safe at form school., and in the neighborhaid. N lr7 Boundaries & 1L Family Boundaries-Farnily has clear rules and co¢nequencem: and monitors the young person's Expectations whereaLaoufs. l�5 12. School Boundaries -School provides cleat rules and censequenoes. 13. Neighborhood Boundaries -Neighbors take responsibilityformomtoringyoungpeople'sbehavicr. dt 14. Adult Role Models-Parent{s� and other adultsmodel positive, responsible behaviou K15, Fbsitive Peer Influence -Young person's best friends model re&poris ihle behavior W IC High Expectations -Both parentfs) and teachen encourage the young persons to do well. Con strurtive 17. Cueafive Activities -Young perscm spends three or more hours; per week in lessors cur practice in Use of Time rnr,sic� theater on other ari&. 18. Youth Programs -Young person spends throe or more hours per week m sport -N dubs, or onganizaticons at school and/or in the community. 19. Religious Caumunuty-Youmgpersan spendsone ormore hounper week in activitiesin areligieus institution. 20. Time at Home -Young person is out with friends 'with nothing special too do" two or fewer nights per week. This pop may lx-pnxtuutt for exirxatitmal namxu eu cial-As only. ojypyr M0 21HW by S-3, 613 fii. iA- W4 Suite 123, Min-poh*, MN www..wnmac],-nigh' The follo inga. trsdemaki of Search 1rubtutic Breach lnxtilute", Dewd pTnverLal Asselsn"r, and Healthy L'Garrrrnmities"HeakhyYouth& 62 Colnmitmeat 21. Achievement Motivation-Yau ng persom is mutivated to do wcll in school. to Leaming 22. School Engagement -Young person is actively engaged in Icarning. 23. Homework -Young persam reports doing at least one hour of ho nw%,ork every school day 24. Bonding to School -Young pLTsxm cares about her or his schoKrl. 25. Reading for Pleasure -Young person readsfcr pleasure throe or more honrsper week PDAtive 26. Caring -Young persum places high value on helping other people. Values Z7. Equality and Social Justine -Young persxm placer: high value on puomnoting equality and reducing hunger and poverty. +' ru 28. Integrity -Young person acts on convictiore: and stands uup Cour her c r his beliefs. y 29. Honesty -Young person "'tells the truth even when it is not easy.'. 30. Respomsibility-Young person accepts and takesperscmal Te.possibility. 31. Restraint -Young person believes it is important not to be sexually active or to use alcohol or other _ M drug-& C a7 Social 32. Planning and Decision Making -Young person knows how to plan ahead and make Choices. C C'ompe ten€iC5 33• liderpemonal Competence -Young person has empathy, sensitivity, and friendship skills. _ 34. Cultural Com"nce-Young person has knowledge of and anont rt with people of different cultural r racial I ethnic backgrounds. 35. Resistance Skills -Young person can resist negative peer pnuane and dangerous situations. 36. Peacef ul Con flirt Resolution -Young persom seeks to resolve conflict nonviolently. Positive 37. PesonaI Power-Yonung person fee Ls he or she has control over 'things that happen to me.' Identity 38. Self-EslEem-Young perAm reports having a high self-esteem 39. Sense of Popose-Young person reports that'nry life has purpose." 40. Positive View of Personal Future -Young person is optimistic about her cor his personal future. This pop may lx-pnxtuutt for exirxatitmal namxu eu cial-As only. ojypyr M0 21HW by S-3, 613 fii. iA- W4 Suite 123, Min-poh*, MN www..wnmac],-nigh' The follo inga. trsdemaki of Search 1rubtutic Breach lnxtilute", Dewd pTnverLal Asselsn"r, and Healthy L'Garrrrnmities"HeakhyYouth& 62 Attachment D - CYD Guidelines for Allowable Food Costs Food Costs for Clients The Texas Administrative Code states that food expenses for clients may be considered direct costs and budgeted in contracts, but must follow federal guidelines found in relevant Office of Management and Budget (OMB) Circulars. Basic Guidelines found in the OMB Circulars state that to be considered allowable under federal awards, costs must be "necessary and reasonable for proper and efficient performance and administration of the award" (refer to Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards). Following these guidelines, the Division of Prevention and Early Intervention (PEI) of the Texas Department of Family and Protective Services (DFPS) allows the costs of snacks and meals only when they are a necessary but subordinate part of the delivery of prevention and early intervention services. Food costs must be shown as necessary to carrying out the purpose of the award. For CYD, this means they must be a necessary cost of providing juvenile crime prevention services. After school programs are the most common example of a CYD service during which food for clients, in the form of an after school snack, may be a reasonable cost. Recognition ceremonies celebrating the successes of clients may also incur reasonable food costs. Food and meal costs for clients are unallowable when they become the central service provided or when the service might have been offered at another time. Banquets are not an allowable food cost. A trip to a restaurant could be considered an entertainment cost, which is strictly unallowable. DFPS recognizes that program staff working with disadvantaged clients may become aware of children who do not receive regular meals. Community Youth Development funding cannot meet all of a client's needs. There are other funding streams and programs that can provide food, just as there are other programs to provide medical care, clothing, etc. Additional resources may be identified to address these needs or clients may be referred to other programs. DFPS also wants to distinguish community events from services to clients. Many CYD ZIP Codes hold community meetings and events in order to promote CYD programs, recruit participants and seek community input in conducting the strengths and needs assessment. Essential costs associated with coordinating these events, such as staff time, copying and mailing of flyers, and supplies may be allowable contract costs when the purpose of the event is to further the goals of the CYD program. Reasonable food costs may be considered for community events that provide outreach to potential CYD clients. All community events sponsored with CYD money must be described in the Plan of Operation and the costs must be clearly outlined in the budget and budget narrative. No food costs for community events will be allowed unless specifically approved as food costs by DFPS in the budget or a budget amendment. As a guide, CYD contracts should consider the following when budgeting, approving subcontract budgets, and reimbursing subcontractors for food costs for clients: 1. Are the food costs an essential cost of providing CYD services? 2. Would a snack or meal normally be served during the hours the service is being provided? 63 3. Could a service or activity be planned so that it avoids occurring during mealtime? 4. Is the food provided nutritious? 5. Is the cost of the food a prudent use of CYD money? In other words, would a reasonable person recognize those making cost decisions as good stewards of public monies? 6. Could food costs be donated to support the maximum use of CYD funds for service delivery? Food Costs for Staff According to the Texas Administrative Code (TAC), meal costs for employees can be reimbursed only if eating at a facility with clients is a condition of employment or when incurred during approved travel while performing services under the contract. Employee meal costs are allowable only in conjunction with overnight travel of more than 50 miles from their office or residence. Note: OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards list costs associated with employee morale (arguably food) and meal costs at meetings with the purpose of the dissemination of technical information, as allowable. However, the Texas Administrative Code does not allow food or meal costs other than those outlined above. (The remainder of this page is intentionally blank.) Attachment E - Budget for Purchase of Service Contracts, (Form 2030PE1) SUMMARY PAGE I cxas L�gaa•�As°csd o,� r`a,so,ti�° asdt'ro°fc•e�riuS�ivrrs Budget. for Purchiise of Sei-%-ice Collitrlacts Si--%aLI Contractor = Contract # ontract Period PAC # 0 Program : ND Original Approved 2030 Cost Categories (A.) (13.) (C.) Reimbursable Other [Match] Program Total ON Personnel - Salaries $0.00 $0.00 $0.00 (113) Personnel - Fringe Benefits - by Em $0.00 $0.00 $0.00 OQ Personnel - Fringe Benefits - by Ty $0.00 $0.00 $0.00 (2) Travel $0.00 $0.00 $0.00 (3) Supplies and Controlled Assets $0.00 $0.00 $0.00 (4) Capital Equipment [greater than 5 $0.00 $0.00 $0.00 (5) Other Costs $0.00 $0.00 $0.00 (6) Contractual $0.00 $0.00 $0.00 Direct Costs Total $0.00 $0.00 $0.00 Indirect Costs Total $0.00 $0.00 $0.00 TOTAL $0.00 $0.00 *0.00 Program Allocation F#DIVIO! #DIVIO! #DIWO! Certified By: Name: Title: Date : 65 Attachment F - SERVICES AND PERFORMANCE MEASURES CHART 1. Please arovide the following: Services Provided by Contractor Name of Contractor/Subcontractor Program/Service 1 Sep 17 to Aug 18 Sep 18 to Aug 19 2 Sep 20 to Aug 21 1 3 4 5 2 6 Output #1: The expected average number of Target Youths are served monthly. The Expected Average Number of Target Youths Served Monthly. Name of Contractor or Subcontractor Program/Service June 2017 through Aug 2017 Sep 17 to Aug 18 Sep 18 to Aug 19 Sep 19 to Aug 20 Sep 20 to Aug 21 1 2 3 4 5 6 66 Output #2: The expected number of Target Youths served annually. The Expected Number of Target Youths Served Annually Name of Contractor or Subcontractor Program/Service June 2017 through Aug 2017 Sep 17 to Aug 18 Sep 18 to Aug 19 Sep 19 to Aug 20 Sep 20 to Aug 21 1 2 3 4 5 6 CERTIFICATION STATEMENT It is understood and agreed upon by both parties that the information submitted above is incorporated as part of the contract. No changes can be made without approval of DFPS. Signature of Person certifying information above: Signature 67 Date: Attachment G - Internal Controls Questionaire (ICSQ) El Internal Controls Questionaire.doc SC o� Va. v AGENDA MEMORANDUM NcoRPOPp�EO Future Item for the City Council Meeting of September 20, 2016 1852 Action Item for the City Council Meeting September 27, 2016 DATE: September 20, 2016 TO: Margie C. Rose, City Manager FROM: Mike Markle, Police Chief m ikema(a)cctexas.com (361) 886-2601 Maria Pedraza, Procurement Manager maria pe(a)cctexas.com (361) 826-3176 Purchase of Ammunition CAPTION: Motion approving the purchase of ammunition from Precision Delta, of Ruleville, Mississippi and GT Distributors, Inc., of Austin, Texas for a total amount of $74,732.40. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. Precision Delta GT Distributors, Inc. PIIRPn.RF- 40 caliber ammunition $24,960.00 223 riffle ammunition $49,772.40 Total $74,732.40 This item is to approve the purchase of ammunition for the Corpus Christi Police Department. BACKGROUND AND FINDINGS: The purchase provides officers with annual supply of .40 caliber ammunition used for practice qualification as well as on duty ammunition. The .223 rifle ammunition is used for the patrol rifle program. ALTERNATIVE: 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. DEPARTMENTALCLEARANCES: Police Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $118,207.50 $0.00 $118,207.50 Encumbered / Expended Amount $38,148.63 $0.00 $38,148.63 This item $74,732.40 $0.00 $74,732.40 BALANCE $5,326.47 $0.00 $5,326.47 Fund(s): Police Training Comments: Funding for the purchase has been approved in the FY 2015-2016 budget. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ PRICE SHEET AMMUNITION TLGPC: 432-13 Total Price $74,732.40 Precision Delta GT Distributors, Inc RULEVILLE, MISSISSIPPI AUSTIN, TEXAS UNIT EXTENDED UNIT EXTENDED ITEM DESCRIPTION QTY. UNIT PRICE PRICE PRICE PRICE 1. 40 S&W 165 gr. FMJ 240 EA $104.00 $24,960.00 $0.00 $0.00 500 rd/case 2. Federal Cartridge .223 148 EA $0.00 $0.00 $336.30 $49,772.40 Rem 55 gr. FMJ Total Price 1 $24,960.00 1 1 $49,772.40 Total Price $74,732.40 SC o� Va. v AGENDA MEMORANDUM NcoRPOPp�EO Future Item for the City Council Meeting of September 20, 2016 1852 Action Item for the City Council Meeting of September 27, 2016 DATE: September 20, 2016 TO: Margie C. Rose, City Manager FROM: Mike Markle, Police Chief m ikema(a)cctexas.com (361) 886-2601 Maria Pedraza, Procurement Manager mariape(a)cctexas.com (361) 826-3176 Purchase of Hand Held Ticket Writers, Printers and Components for Police CAPTION: Resolution authorizing the City Manager, or designee, to purchase handheld ticket writers, related components, and licenses for Police Department vehicles from Tyler Technologies, of Dallas, Texas, for a total cost of $81,252.00 with funding available in the FY2015-2016 Crime Control and Prevention District Fund, and additionally authorizing payment and continual renewal of necessary software licenses in an amount not to exceed $25,000.00 annually, subject to budget approval and sufficient future appropriations. PIIRPn.RF- To purchase 23 handheld ticket writers, 10 printers, associated hardware, software and licenses for the Police Department. BACKGROUND AND FINDINGS: Traffic Officers will be issued handheld ticket writers to improve the quality of documentation on citations as well as enhance officer safety. The officer scans the magnetic strip on a driver license for driver information; officer fills in other blanks, and then prints the ticket on a wireless printer. This cuts down on the amount of time to issue a ticket as well as lessens the time an officer is exposed to traffic while issuing a citation. The number of citations thrown out of court due to illegible handwriting or improperly written citations is greatly reduced. The information from each ticket writer is downloaded into the Municipal Court system daily. Parking Enforcement and Code Enforcement are using the same product. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: The proposed purchase conforms to the City's purchasing policies and procedures. Tyler Technologies is the sole source procurement and is necessary to preserve and protect the public's safety according to Local Government code 252.022(a)(2) and (7)(A). EMERGENCY/NON-EMERGENCY: Non -emergency. DEPARTMENTALCLEARANCES: Police Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $655,703.89 $655,703.89 Encumbered / Expended Amount $480,902.79 $480,902.79 This item $81,252.00 $81,252.00 BALANCE $93,549.10 $93,549.10 Fund(s): Crime Control and Prevention District Comments: RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Resolution authorizing the City Manager, or designee, to purchase handheld ticket writers, related components, and licenses for Police Department vehicles from Tyler Technologies, of Dallas, Texas, for a total cost of $81,252.00 with funding available in the FY2015-2016 Crime Control and Prevention District Fund, and additionally authorizing payment and continual renewal of necessary software licenses in an amount not to exceed $25,000.00 annually, subject to budget approval and sufficient future appropriations. WHEREAS, the Police Department has previously purchased handheld ticket writers, associated components, and licenses from Tyler Technologies for the Parking Enforcement and Code Enforcement Divisions; WHEREAS, handheld ticket writers increase officers' efficiency and enhance officers' safety by reducing the length of time officers are exposed to oncoming traffic; WHEREAS, handheld ticket writers improve the quality of documentation and reduce the number of citations rejected by the court due to illegible or improperly written citations; and WHEREAS, the department desires to expand use of handheld ticket writers by uniformed officers by equipping vehicles with the necessary devices; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Govern- ment Code, Section 252.022(a)(2), as this purchase is necessary to preserve or protect the public health or safety of the municipality's residents; and WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a)(7)(A), as this purchase is available from only one source due to special processes or patents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this ordinance are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or her designee, is authorized to purchase the handheld ticket writers, associated hardware, software, and licenses for police vehicles from Tyler Technologies, for a total cost of $81,252.00. Furthermore, the City Manager is authorized to purchase continual renewals of the necessary software licenses in an amount not to exceed $25,000.00 annually, subject to budget approval and sufficient future appropriations. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Nelda Martinez, Mayor Corpus Christi, Texas day of '20 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Lucy Rubio Brian Rosas Mark Scott Carolyn Vaughn Page 2 of 2 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ PRICE SHEET PURCHASE OF HAND HELD TICKET WRITERS FOR POLICE DEPARTMENT TOTAL $81,252.00 **Item 7: 30 additional vehicle power supply wires are being purchased for existing ticket writer units. Tyler Technologies Dallas, Texas UNIT EXTENDED ITEM DESCRIPTION QTY.1 UNIT PRICE PRICE 1 License: eCitation - Brazos Rapid Extension 23 each $850.00 $19,550.00 Framework Software License - PDA Zebra Enterprise MC67, GPS, 4G WWAN HSPA+ 2 and 3.5G CDMA Verizon. WLAN 802.11 A/B/G/N 2D 23 each $1,450.00 $33,350.00 DL imager, camera, WM 6.5, 1GB/8GB, QWERTY key, Bluetooth, extended 1.5X 3600 MAH Battery 3 Zebra Enterprise, One Care Essential Service, 23 each $250.00 $5,750.00 Includes comprehensive coverage, MC67XX, 3 Year 4. Zebra Enterprise, MC55/65 Mag Stripe Reader 23 each $125.00 $2,875.00 5 Zebra Enterprise, MC55/65/67 Battery, 1.5X 23 each $59.00 $1,357.00 extended 6 Portsmith, E -cradle kit: 1 -slot USB to Ethernet for 23 each $225.00 $5,175.00 Motorola MC67 series (includes e -cradle, 12V PS, 7. Zebra, RQ420 12V power supply vehicle wires 53 each $115.00 $6,095.00 8. Zebra, Printerc ZA520,4", BT 4.0, GROUP O 10 each $670.00 $6,700.00 9. Zebra, ZQ500, DC Vehicle Adaptor, Open Ended 10 each $40.00 $400.00 TOTAL $81,252.00 **Item 7: 30 additional vehicle power supply wires are being purchased for existing ticket writer units. SC o� Va. v AGENDA MEMORANDUM NcoRPOPp�EO Future Item for the City Council Meeting of September 20, 2016 1852 Action Item for the City Council Meeting September 27, 2016 DATE: September 20, 2016 TO: Margie C. Rose, City Manager FROM Stacie Talbert Anaya, Interim Director of Park Operations StacieT(a)cctexas. com (361) 826-3476 Maria Pedraza, Procurement Manager mariape(o)cctexas.com (361) 826-3176 Purchase of Playground Equipment and Installation for Parker Park CAPTION: Motion approving the purchase of playground equipment and installation for Parker Park from T.F. Harper & Associates LP, of Austin, Texas for a total amount not to exceed $157,794.00. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. Funding for this purchase is from Bond 2012 for Parker Park funds and FY 2015-2016 Community Enrichment funds. PURPOSE: This item is to approve the purchase of playground equipment and installation for Parker Park. BACKGROUND AND FINDINGS: The current playground equipment is being replaced due to it reaching the end of its life cycle and will be replaced with three playground units. Two playground units will accommodate children in the age range of 2-5 and 5-12 and the third unit is an exercise station. The above playground equipment replacement project is part of the 2012 bond improvements to Parker Park. The park's improvement project was awarded to Ram-Bro Construction on May 24, 2016 and is currently under construction. The inclusion of all three units within Parker Park was requested in the stakeholder design meeting held at the 30% design stage. ALTERNATIVES: The equipment identified will allow for use by all age groups and meets Goal 3 of the 2012 Parks and Recreation Master Plan by providing additional opportunities and a fitness station. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/NON-EMERGENCY: Non -emergency. DEPARTMENTALCLEARANCES: Park & Recreation FINANCIAL IMPACT: X Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $526,429.00 $0.00 $526,429.00 Encumbered / Expended Amount $368,634.00 $0.00 $368,634.00 This item $157,794.00 $0.00 $157,794.00 BALANCE $1.00 $0.00 $1.00 Fund(s): 2012 Bond for Parker Park and Park & Recreation Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreement CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION PLAYGROUND AND EQUIPMENT BUYER: ROBERTA ORTIZ TLGPC: 423-13 T.F. HARPER & ASSOCIATES LP AUSTIN, TEXAS UNIT EXTENDED ITEM DESCRIPTION QTY.1 UNIT PRICE PRICE 5-12 Playground: Custom Ramped 1. 5-12 Power Scape Play Unit 1 EA $35,987.00 $35,987.00 2-5 Playground: Custom 2-5 Power 2. Scape Play Unit 1 EA $23,695.00 $23,695.00 3. Fitness Equipment 1 EA $11,635.00 $11,635.00 4. Artificial Turf Surfacing 1 EA $49,737.00 $49,737.00 5. Bonding 1 EA $4,722.00 $4,722.00 6. BuyBoard Discount 1 EA $4,992.00 $4,992.00 7. Freight / Installation 1 EA $37,010.00 $37,010.00 Total Price $157,794.00 og SERVICE AGREEMENT NO. 37092 Playground Equipment and Installation for Parker Park THIS Playground Equipment and Installation Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and T.F. Harper & Associates LP ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Playground Equipment and Installation in response to Request for Bid/Proposal No. Vendor Quote 051116- 05tb ("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 I 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 playground equipment and installation ("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 three 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 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 Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $157,794.00, 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 Page I of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 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, Park & Recreation Superintenclanf Park & 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 ("C01"), 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 Page 2 of 8 Service Agreement Standard Form Approved as to Legal Form 711116 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 Page 3 of 8 Service Agreement Standard Form Approved as to Legal Form 711116 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 faxes, 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 Park & Recreation Superintenclant Address: 1201 Leopard St., 2nd Floor, Corpus Christi, TX 78401 Fax: (361) 826-3174 IF TO CONTRACTOR: T.F. Harper & Associates LP Attn: Angie Randolph Title: Account Representative Address: 103 Red Bird Lane, Austin, Texas 78745-3122 Fax: (512) 440-0736 City of Corpus Christi Page 4 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 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 Page 5 of 8 Service Agreement Standard Form Approved as to Legal Form 7!1116 (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 low, 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 low 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 City of Corpus Christi Page 6 of 8 Service Agreement Standard Form Approved as to Legal Form 711116 supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Page 7 of 8 Service Agreement Standard Form Approved as to Legal Form 711116 CONTRACTOR TY. Haqw & AswiMM Lp Signature: Printed Name: 9"wW PNftw of T,F. Hwpw m LP r. 1& By: 0 Title: 77 Tk- F.RMIjet, or ®r LLC ft in its carft* as gen" "w"M Jr. &P . &' w Asciatcs, LP Date: A* T. 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. None Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christ! Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form 711116 Attachment A - Scope of Work Contractor will install various playground items referenced on Attachment B - Bid/Pricing Schedule and 4,675 S.F. of artificial Turf for two play areas and one fitness area. The turf will be installed over a 2" pad. Any installation charges quoted are based upon a soil work site (not rocky) that is freely accessible by truck, no fencing, tree/landscaping or utility obstacles, etc.), and level (+/- 1-2% max slope). Any site work not expressly described is excluded. All underground utilities must be located and clearly marked before any work can begin. Installation of all products (equipment, borders, ground cover, amenities) are as quoted and approved by acceptance of quote/drawing. Attachment B - Bid/Pricing Schedule M harZ�t r BUYBOARD PROPOSAL 103 Red Bird Lane Austin, Texas SSQC►8P 78745-3122 TO: City of Corpus Christi - Parker Park Attn: Joshua Wentworth Address: 1201 Leopard St, Corpus Christi, Texas 78401 Install Site: Parker Park, Corpus Christi, Texas Phone: 361-826-3483 Email: Josh uaWCakCtexas.CQ171 QTY CONTRACT #423-13 QUOTE#: FOR PURCHASE THRU BUYBOARD. DATE! PLEASE FAX YOUR PURCHASE ORDER D C\flCCll. AND SIGNED QUOTE TO BUYSOARD f�� AND T.F. HARPER & ASSOCIATES LP TO REVISED: INSURE COMPLIANCE & RECEIPT OF YOUR ORDER. Playgrounds (d Parker Park DESCRIPTION OF EOUIPMENT 051116-05tb May 11, 2016 June 16,2016 August 4, 2016 UNIT PRICE TOTAL COST 5-12 Playground: I Gametime #TJ -05010-16-2A2 Custom Ramped 5-12 Power Scape Play Unit $35,987.00 2-5 Playground: I Gametime #TJ -05010-16-2A I R I Custom 2-5 Power Scape Play Unit $23,695.00 Fitness Equipment (option 3): I Xccent #52020, Large Fitness Information Sign, In -Ground $850.00 I Xccent #50421, Knee Raise Dip Combo $2,400.00 1 Xccent #48972, Wave Ladder $2,425.00 1 Xccent #52932, Plyometric Boxes 12" $330.00 1 Xccent #52934, Plyometric Boxes 18" $345.00 I Xccent #52936, Plyometric Boxes 24" $360.00 I Xccent #48958, Step & Balance Stretch Combo $2,300.00 1 Xccent #50467, Double Lower Back Trainer $1,750.00 1 Xccent #50479, Balance Beam $875.00 Less Buyboard Discount ($4,992.00) 1 Freight on Above Equipment $8,160.00 I Installation of Above Equipment $28,850.00 Artificial Turf Surfacing: 4,675 S.F. Artificial Turf for the Two (2) Play Areas and One (1) Fitness Area, 70 oz. Weight, Installed $49,737.00 over a 2" Pad. To be Installed over Owner Furnished Concrete Slab and within Owner Furnished Concrete Curbs. Bonding $4,722.00 TOTAL $157,794.00 QUOTE IS VALID FOR 60 DAYS FROM DATE OF QUOTE OR DATE OF REVISION. OWNER RESPONSIBLE FOR CONCRETE BORDERS AND CONCRETE BASE SLAB IN THE PLAY & FITNESS AREAS. NOT INCLUDED: Sales Tax (RESALE OR EXEMPTION CERTIFICATE REQUIRED), Permits, Bonds/Fees (if required), Site Work in Excess of Normal Installation (example: site prep - excavation/infill, concrete slab, french drains, excess rock removal, landscaping). CONTINUED ON NEXT PAGE Commercial Play and Recreational Equipment playgrounds @ parker park -R080416 www.tfharper.com - - 800.976-0907 - - local: 592.440.0707 - - fax: 512.440.0736 n. harpeor BUYBOARD PROPOSAL 103 Red Bird Lane Austin, Texas associates LP2 78745-3122 PAGE 2OF2 Any installation charges quoted are based upon a soil work site (not rocky) that is freely accessible by truck, no fencing, tree/landscaping or utility obstacles, etc.), and level (+/- I-2% max slope). Any site work not expressly described is excluded. All underground utilities must be located and clearly marked before any work can begin. Installation of all products (equipment, borders, ground cover, amenities) are as quoted and approved by acceptance of quote/drawings. The installer is not responsible for any damages or re -work resulting from after-hours events or activities during the work in progress period. The customer is responsible for maintaining the integrity of completed installation work until components have seated and/or cured (concrete footings, etc.). Payment Terms: Progress Payments are Acceptable Estimated Delivery & Installation: 1 I weeks from receipt of signed quote (or Purchase Order) and color selections. Accepted by: Date: P.O. # (if applicable): PLEASE ISSUE PURCHASE ORDER IN VENDOR NAME OF T.F. HARPER & ASSOCIATES LP Thank you forgiving us the opportunity to quote this equipment. Angie Randolph Commercial Play and Recreational Equipment playgrounds @ parker park -R080416 www.tfharper.com - - 800.976-0907 - - local: 592.440.0707 - - fax: 512.440.0736 Attachment C - Insurance /Bond Requirements INSURANCE REQUIREMENTS CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained -and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Parks and Recreation 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 Bodily Injury and Property Damage cancellation, non -renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: $2,000,000 Aggregate 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non -Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part 11 (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 INSTALLATION FLOATER Value of the equipment C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, of Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. If 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 Parks and Recreation Park Equipment and Turf surfacing 08/17/2016 my Risk Management CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 219!2016 THIS CERTIFICATE CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY BELOW. THIS CERTIFICATE AMENd, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES QF INSURANCE pdES NQT CONSTITUTE A CONTRACT BETWEEN REPRESENTATIVE OR PROD THE ISSUING INSURER(S), AUTHORIZED UCER, AND THE CER71FtCATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to certificate terms and conditions of the policy, certain poi€cies may requ€re an endorsement. A statemen t on this certificate does not confer rights to the certff€cats holder in lieu of such endorsementfsl. PRODUCER CONTACT Natkins Insurance Group -Austin NAME`— Amy Perez PHONE _ FAX 3834 Spicewood Springs Rd, St 4AIC..No,Fxt). 512-452-8877 —_ _ _� Nr�. 512 Austin TX 78759 E-MAIL �..._.::__:__. _ --------- ---_ __.__.._-----....-..-----.---_nvouRERA;unictnnau insurance FINSRED Ha TFHAR-1 INsuRERe�StarStone National T F Harper t Associates, LP INSURER C.TeXiki M, tua€ (nsurai Candi Ghrastecky _ _ � _ 103 Red Bird Lane INSURER D: Austin TX 78745-3620 ""v=^„%:Ica CERTIFICATE NUMBER: 1632076031 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TRI TYPE OF INSURANCE € N0_....___._—.— WVD. POLICY NUMBER POLICYEFF POLICY EXP MMIDDlYYYY MMIODM'W I LIMITS A i X tI COMMERCIAL GENERAL LIABILITY Y Y i EPP 0179837 j 2/9!2016 12!9/2017 CLAIMS -MADE X I OCCUR EACH OCCURRENCE j $1,000,000 i--- �.._� ( DAMAGE TO RENS EO.—-""""""' I !I-EREWTUS(Eacccurronce) 15100,000 f GEN'L AGGREGATE LIMIT APPLIES PER: POLICY� PRO- JECT �_-� LOC OTHER. A i AUTOMOBILE LIABILITY X ANY AUTO ALLOW NED I � SCHEDULED HIREDAUTOS Aures Eb AUTOS B X I UMBRELLA UAB i X _! OCCUR t EXCESS UAB i L_ (.., .,,... C IWORKERS COMPENSATION AND EMPLOYERS' LIABILITY A I Contractors Equipment N 7 I tiNIA MED EXP (Any ono person) $1 PERSONALSADVINJURY �$1 S Y EBA 0179837 219/2016 2/9/2017 L L I S I IN _(Ea accident} __ ) BODILY INJURY (Per person)�I S i I BODfLV INJURY (Per accideni) t S t PROPERTY p accident AMA $ GE j I ( Per _{ )---------I-- IS I71292M150AL112!9/2016 12/9/2017 1rnr. nnn„ TSF0001141452 12/17/20162/17120`17 ER OTH. i I E.L. EACH ACCIDENT i 51,000 E.l. DIS_EASE - EA EMPLOYEE1_81,000, E.L. DISEASE -POLICY LIMIT I S1.000, EPP 0179837 219/2016 i 2/9/2017 (Scheduled 150,500 Leased/Rented 50,000 I I IDeductibte 1,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD lot, Additional Remarks Schedule, maybe attached If more space is required) SUBJECT TO POLICY TERMS AND CONDITIONS HOL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Corpus Christi THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.O. BOX 9277 ACCORDANCE WITH THE POLICY PROVISIONS. Corpus Christi TX 78469-9277 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD 006113 PERFORMANCE BOND Contractor as Principal Name: Mailing address (principal place of business) Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Purchasing Division 1201 Leopard Street 4th Floor Corpus Christi, Texas 78401 Contract Project name and number: Playground Equipment and Installation for Parker Park Service Agreement No. 37092 Award Date of the Contract: Contract Price: $157,794.40 Bond Date of Bond: (Date of Bond cannot be earlier than Award Date of the Contract) Said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original. BOND N Surety Name: Mailing address (principal place of business): Physical address (principal place of business): Surety is a corporation organized and existing under the laws of the state of: By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): Telephone (for notice of claim): Local Agent for Surety Name: Address: Telephone: E -Mail Address: The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number. 1-500-252-3439 Performance Bond 006113-1 Playground Equipment and Installation for Parker Park Req. 37092 Rev 01-13-2016 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: Date: Date: (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 006113-2 Playground Equipment and Installation for Parker Park Req. 37092 Rev 01-13-2016 00 61 16 PAYMENT BOND Contractor as Principal Name: Mailing address (principal place of business) Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Purchasing Division 1201 Leopard Street 4th Floor Corpus Christi, Texas 78401 Contract Project name and number: Playground Equipment and Installation for Parker Park Service Agreement No. 37092 Award Date of the Contract: Contract Price: $157,794.40 Date of Bond: (Date of Bond cannot be earlier than Award Date of Contract) Said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original. Surety Name: Mailing address (principal place of business): Physical address (principal place of business): Surety is a corporation organized and existing under the laws of the state of: By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): Telephone (for notice of claim): Local Agent for Surety Name: Address: Telephone: E -Mail Address: The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252-3439 Payment Bond Form 006116-1 Playground Equipment and Installation for Parker Park Service Agreement No. 37092 Rev. 01-13-2016 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full farce and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall He exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: Date: Date: (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 006116-2 Playground Equipment and Installation for Parker Park Service Agreement No. 37092 Rev. 01-13-2016 Attachment D - Warranty Requirements - ----------- FITNESS WARRANTY LIMITED WARRANTY: Xccent Fitness warrants its products to the original customer to be free from structural failure due to defect in materials or workmanship during normal use and installation in accordance with our published specifications. This warranty will commence on the date of the Xccent Fitness invoice and terminate at the end of the period stated below. This Warranty is valid ONLY if the products are installed properly and in conformance of the specifications, installation guides, Xccent Fitness design layout, and properly maintained in accordance with the maintenance schedule provided within the installation instructions. Xccent Fitness reserves the right to accept or reject any claim in whole or in part. Xccent Fitness will not accept the return of any product without prior written approval. WARRANTY EXCLUSIONS: This Warranty does not cover: cosmetic defects, such as scratches, dents, marring, or fading; damage due to incorrect installation, vandalism, misuse, accident, wear and tear from normal use, exposure to extreme weather; immersion in salt or chlorine water, unauthorized repair or modification, abnormal use, lack of maintenance, or other cause not within Xccent Fitness' control. This warranty does not cover damages due to "Acts of God", such as hail, flooding, lightning, tornadoes, sandstorms, earthquakes, windstorms. For complete warranty information, please visit Xccentfitness.com or contact your local authorized Xccent Fitness representative. For complete warranty information, please visit XccentFitness.com or contact your local authorized Xccent Fitness representative INSTALLATION: Xccent Fitness shall provide warranty repair or replacement parts free of charge, but will not be responsible for cost of freight, labor or provision of labor for removal of defective parts and installation of replacement parts. Replacement parts shall be guaranteed for the remainder of the original warranty period. LIMITED WARRANTY TIME PERIODS on Xccent Fitness Active Outdoor Fitness and Motion Wellness Systems products. 100 YEAR LIMITED WARRANTY. Stainless steel fasteners, steel posts and caps, steel arches and stainless steel fasteners, against structural failure due to corrosion or manufacturing defects and against structural failure due to material or manufacturing defects. 15 YEAR LIMITED WARRANTY. On all steel components (except 100 -year steel posts and arches), vinyl coated decks, ramps, beams, stairs and seating surfaces against structural failure due to material or manufacturing defects. 7 -YEAR LIMITED WARRANTY. Site furnishings against structural failure due to materials or workmanship. 5 -YEAR LIMITED WARRANTY. On all PVC handholds, foot pads, ropes, plastic components against structural failure due to material or manufacturing defects. 3 -YEAR LIMITED WARRANTY On bumpers, urethane handles, mechanical torsion systems, bearings, or other moving parts against structural failure due to material or manufacturing defects. Xccent Fitness 1 800.933.4748 1 www.xccentfitness.com I infora)xccent.biz Warranty Information The Industry's Best Warranty GameTime offers you peace of mind with one of the best, most all-encompassing warranties in the industry. Our Warranty We want to assure you that we are part of your community playground long after the sale is made. Our quality is legendary, and we stand behind our products with one of the best warranties in the business and a level of customer service that assures you that your needs will be met. For complete Warranty information, consult your GameTime sales representative. For the purpose of this warranty, "lifetime" encompasses no specific term of years, but rather that seller warrants to its original customer for as long as the original customer owns the product and uses the product for its intended purpose that the product and all its parts will be free from defects in material and manufacturing workmanship. • Lifetime limited warranty on PowerScapeO, PrimeTimeO and XscapeOO uprights. • Lifetime limited warranty on all hardware. • Lifetime limited warranty on GameTime PowerScape Tru -Loc® connections. • Lifetime limited warranty on PrimeTime® and XscapeOK bolt -through connections. • Fifteen -Year limited warranty on metal decks, pipes, rungs, rails and loops. Fifteen -Year limited warranty on rotationally molded products. • Five -Year limited warranty on glass fiber reinforced concrete P1ayWorx® structures. • Twenty -Year limited warranty on Timber Decor® & Timbers recycled plastic lumber. • Five -Year limited warranty on nylon -covered cable net climbers and components. • Ten -Year limited warranty on pressure -treated pine and redwood products. • Ten -Year limited warranty on Advanced, Elite & stationary Base Series posts & bars. • Ten -Year limited warranty on site furnishings. • Ten -Year limited warranty on integrated GTShade ii products. • Ten -Year limited warranty on fiberglass and DHPL signage. • Five -Year limited warranty on Super SeatsTM. • Three -Year limited warranty on SaddleMatesOR rubber and "G" -springs. • One -Year limited warranty on all other GameTime products. All warranties specifically exclude damage caused by vandalism; negligence, improper installation or improper use; changes in appearance resulting from weathering; scratches, dents or marring as a result of use. Warranties are valid only if products are installed and maintained in accordance with GameTime instructions and use approved parts. �fGRAtSS Five Year Limited Warranty XGrass warrants the Pour -in -Place Playground Safety Surfacing ("the Surfacing") installed for ("the Owner"), located at for a period of five (5) years commencing from the date of substantial completion established on and expiring on This limited warranty includes only XGrass'obligation to repair, replace or issue a credit, at XGrass'option, for defective material or workmanship in the Surfacing that has failed during the warranty period. A failure in the Surfacing includes edge raveling, bubbling, delamination, peeling or loss of integrity as a result of degradation. XGrass is under no obligation or responsibility to repair and/or replace the Surfacing if damaged by vandalism (including cuts, burns, gouges, etc.), misuse, abuse or alteration, improper subsurface design or construction, improper drainage, improper or lack of maintenance, any foreign residue that may be deposited on the surface, normal wear and tear, damage from sharp objects (high heels, spikes, etc.) or acts of God. All warranty claims shall be made in writing to XGrass within ten (10) days after Owner has knowledge thereof, but in no event later than ten (10) days after expiration of the warranty. Written notice shall include the date of discovery of the failure, description of the failure, photos of the failure and a request for a warranty claim meeting with XGrass at the location of the Surfacing for which the warranty claim is being made. XGrass shall not be responsible for warranty claims if Owner fails to provide written notice within ten (10) days of discovery of the failure. XGrass shall determine the validity of all warranty claims after sufficient evidence has been gathered. XGrass shall then repair, replace or issue a credit for any valid claims. Any credit issued to the Owner on a warranty claim shall be on a prorated basis and may only be used to purchase replacement and/or additional Surfacing. The prorated formula for issuing a credit shall be 100% of the original purchase price during year one, 80% during year two, 60% during year three, 40% during year four, and 20% of the original purchase price during year five. Any dispute as to whether and to what extent there is a Surfacing failure and a subsequent valid warranty claim within the meaning of this limited warranty shall be initially dealt with by joint investigation and discussion between XGrass and the Owner in order to achieve a mutually agreeable solution. If such a solution cannot be reached within thirty (30) days, then either XGrass or the Owner shall submit the matter to an arbitrator who shall make a determination in accordance with the rules and regulations of the American Arbitration Association. The decision of said arbitrator shall be binding on both parties. This limited warranty does not include the subsurface (existing surface, existing or new aggregate, existing or new concrete or existing or new asphalt). If the subsurface fails for any reason whatsoever (including hydrostatic pressure, cracking, shifting, heaving or settling), this limited warranty shall be rendered invalid. If the subsurface is new concrete and a curing agent was used, this limited warranty shall be rendered invalid. In addition, there is no warranty against the Surfacing cracking along expansion joints or underlying cracks, or separating from an adjacent border, curb or walkway. This limited warranty does not include discoloration as a result of exposure to ultraviolet rays, unapproved cleaning materials or vandalism. Note that surface temperature can rise significantly when exposed to direct sunlight. Shoes and/or socks must be worn. �fGR-)'��SS Owner agrees that it will not, under any circumstances, make alterations to the Surfacing without the written authorization of XGrass. Any unauthorized alterations by the Owner shall immediately void this limited warranty and shall give rise to the duty of the Owner to hold harmless, defend and indemnify XGrass from any claim, suit or cause of action, personal injury, death or property damage arising out of or related to said alteration. This limited warranty is expressly made in lieu or any other warranties and is exclusive to the original Owner. Owner acknowledges that this limited warranty shall be voided if the Owner fails to follow the maintenance guidelines provided by XGrass. Owner agrees that in no event shall XGrass have any liability to Owner for loss of use or loss of profits or any form of consequential damages. The following chemicals can damage the Surfacing and should be avoided: disinfectants, concentrated chlorine bleach, gasoline, diesel fuel, hydraulic and lubricating oils, acids and organic solvents. Failure to pay for the Surfacing within the agreed upon terms shall void this limited warranty. Any damages to the Surfacing during the curing period are the responsibility of the Owner and shall be repaired at the Owner's expense. This limited warranty does not lessen or eliminate any other obligations of Owner to XGrass. t. • Tr aSSociat $ 1.1) Supplemental Warranty The undersigned, as Installer for the above referenced project: a. Does hereby guarantee the work performed by T. F. Harper & Associates LP on the above referenced project against defects in workmanship for a period of one year from the date of the completion of the installation. b. If the workmanship should become defective within the specified time, T. F. Harper & Associates LP will replace and/or repair, as required, any such defects promptly at no additional cost to the owner of the above project. c. In addition, if any component of the manufacturer's equipment is to be replaced under warranty by said manufacturer, T. F. Harper & Associates LP will remove defective component and install replacement component free of charge to customer. d. This warranty does not include normal wear and tear, or repair and replacement of materials, which have been abused, neglected, or not maintained in accordance with the manufacturer's recommended maintenance procedures and schedules. Date of Completion of Installation: Claim Procedure: In the event a warranty claim is required, please contact Nance Carmack, Sales Administrator 800-976-0107 or 5 12-440-0707 FAX: 5 12-440-0736 T. F. Harper & Associates LP By: Title: Date: 103 Red Bird Lane • Austin • Texas • 78745 512-440-0707 • 800-976-0107 • 512-440-0736 (F) • playground@tfharper.com Forms provided by Texas Ethics Commission www.ethics.state.tx.us -_J Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-95351 TF Harper & Associates LP Austin, TX United States Date Filed: 08/05/2016 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 Date Acknowledged: 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. 37092 Provide and Install Playground & Fitness Equipment Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling I Intermediary Thomas F. Harper Austin, TX United States X 5 Check only it there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. 1pr!!upl� CINDi CiiRASiECKY Notchy Public, State of Texas My Commission Expires lillll t� October 18, 2016 Fl Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP f SEAL ABOVE �} Sworn to and subscribed before me, by the said this the day of 2, to certify which, witness my hand and seal of office. �,,A-LXr'L (2iLdgL�� CJAJAkOS-k� Signature of offieeridntntsterg oath Printed name of oath Title of ath Forms provided by Texas Ethics Commission www.ethics.state.tx.us -_J Version V1.0.277 SC o� Va. v AGENDA MEMORANDUM NcoRPOPp�EO Future Item for the City Council Meeting of September 20, 2016 1852 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 Fleet Operations iimd(a�cctexas.com (361) 826-1909 Mike Markle, Police Chief mikema@cctexas.com (361) 886-2601 Maria Pedraza, Procurement Manager mariape(a)cctexas.com (361) 826-3176 Purchase of Two Ford Transit Cargo Vans CAPTION: Motion approving the purchase of two Ford Transit Cargo Vans from Caldwell Country Ford, of Caldwell, Texas for a total amount of $96,381.06. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. Funds have been set aside by Fleet Maintenance Service in FY15-16. PURPOSE: This item is to approve the purchase of Ford Transit Cargo Vans for the Corpus Christi Police Department. BACKGROUND AND FINDINGS The new units will replace a crime scene van and a prisoner transport van. The crime scene van is used by crime scene investigators responding to crime scenes for forensic processing. The prisoner transport van is used to transport numerous prisoners to the City Detention Center. The units being replaced are used 24 hours a day, 7 days a week and have reached the end of their service life. ALTERNATIVE: These units are not available in compressed natural gas (CNG). OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/NON-EMERGENCY: Non -emergency. DEPARTMENTALCLEARANCES: Fleet Maintenance Services FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fund(s): Fleet Maintenance Services Comments: Funding for the purchase has been approved in the FY 2015-2016 budget. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Project to Date Fiscal Year: Expenditures Future 2015-2016 (CIP only) Current Year Years TOTALS Line Item Budget $4,106,461.49 $0.00 $4,106,461.49 Encumbered / Expended Amount $3,403,939.98 $0.00 $3,403,939.98 This item $96,381.06 $0.00 $96,381.06 BALANCE $606,140.45 $0.00 $606,140.45 Fund(s): Fleet Maintenance Services Comments: Funding for the purchase has been approved in the FY 2015-2016 budget. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM I DESCRIPTION PRICE SHEET CARGO VANS TLGPC BID 430-13 CALDWELL COUNTRY FORD CALDWELL, TEXAS UNIT EXTENDED QTY.1 UNIT PRICE I PRICE 2017 Ford Transit Cargo Van 1. Tran 250 Cargo Van A-48 1 EA $47,146.97 2017 Ford Transit Cargo Van 2. Tran 350 Cargo Van A-131 1 EA $48,834.09 3. jBuyBoard Fee 1 1 1 EA 1 $400.00 $47,146.97 $48,834.09 $400.00 Total Price $96,381.06 SC o� Va. v AGENDA MEMORANDUM NcoRPOPp�EO Future Item for the City Council Meeting of September 20, 2016 1852 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 Fleet Operations iimd(a�cctexas.com (361) 826-1909 Robert Rocha, Fire Chief RRocha(a)cctexas.com (361) 826-3932 Maria Pedraza, Procurement Manager mariape(a)cctexas.com (361) 826-3176 Purchase of Six 2017 Ford Fusions CAPTION: Motion approving the purchase of six 2017 Ford Fusions from Caldwell Country Ford, of Caldwell, Texas for a total amount of $151,617.10. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. PURPOSE: This item is to approve the purchase of six 2017 Ford Fusions for the Fire Department. BACKGROUND AND FINDINGS: These units will replace six units that have reached the end of their service life. ALTERNATIVE: Not replacing these units at this time will only increase vehicle repair cost. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/NON-EMERGENCY: Non -emergency. DEPARTMENTALCLEARANCES: Fire and Fleet Maintenance Services FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fund(s): General Fund and Fleet Fund Comments: Funding for the purchase has been approved in the FY 2015-2016 budget. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Project to Date Fiscal Year: Expenditures Future 2015-2016 (CIP only) Current Year Years TOTALS Line Item Budget $4,156,867.19 $0.00 $4,156,867.19 Encumbered / Expended Amount $3,402,739.98 $0.00 $3,402,739.98 This item $151,617.10 $0.00 $151,617.10 BALANCE $602,510.11 $0.00 $602,510.11 Fund(s): General Fund and Fleet Fund Comments: Funding for the purchase has been approved in the FY 2015-2016 budget. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION FORD FUSION BUYER: ROBERTA ORTIZ TLGPC BID 430-13 CALDWELL COUNTRY FORD CALDWELL, TEXAS UNIT EXTENDED ITEM DESCRIPTION QTY. UNIT PRICE PRICE 2017 Ford Fusion Hybrid S 1. 2.0 L 14 Hybrid 6 EA $25,202.85 $151,217.10 2. BuyBoard Fee 1 EA $400.00 $400.00 Total Price $151,617.10 SC H v AGENDA MEMORANDUM NCORPORp1EO Future Item for the City Council Meeting of September 20, 2016 1852 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 Fleet Operations iimd(a�cctexas.com (361) 826-1909 Stacie Talbert Anaya, Interim Director of Parks & Recreation StacieT�cctexas.com (361) 826 - Maria Pedraza, Procurement Manager mariape�cctexas.com (361) 826-3176 Lease -Purchase of Two Slope Tractor Mowers CAPTION: Motion approving the lease -purchase of two Slope Tractor Mowers from Alamo Industrial, of Seguin, Texas for a total amount of $365,600.00. $51,000.00 will be paid out of FY2015-2016 funds, leaving $314,600.00 to be lease -purchased with allowing interest of $23,706.00 for a total not to exceed $389,306.00. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. Two Slope Tractor Mowers Total Non -financed: $51,000.00 Total Lease -Purchase: $314,600.00 Total Allowable Interest for Lease: $23,706.00 Not To Exceed Grand Total: $389,306.00 PURPOSE: This item is to approve the lease -purchase of two slope mowers for the Parks & Recreation Department. BACKGROUND AND FINDINGS: This purchase will be used by Park Operations, Storm Water Mowing Division in the performance of their duties throughout the City and are replacements for units that have been taken out of service by the Fleet Maintenance Services due to rising repair cost. The two slope tractor mowers are replacements and will not increase the fleet. ALTERNATIVES: The equipment identified is the optimum choice for the tasks to be performed. The power configuration for the heavy equipment is not compatible with a CNG fuel application. OTHER CONSIDERATIONS: Financing for the lease -purchase portion of the two slope tractor mowers is based on a sixty month term with an estimated interest rate of 2.50% for an annual payment of $6,488.44. The total estimated cost over the five-year period, including principal of $314,600.00, interest of $23,706.00, plus an outright purchase payment of $51,000.00 for a total not to exceed $389,306.00. 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 Parks & Recreation FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $4,106,461.49 $338,306.00 $4,444,767.49 Encumbered / Expended Amount $3,402,739.98 $0.00 $3,402,739.98 This item $51,000.00 $338,306.00 $389,306.00 BALANCE $652,721.51 $0.00 $652,721.51 Fund(s): Fleet Maintenance Comments: The department has reserved $51,000.00 for a onetime payment in FY2017 however; all other 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. (Slope Tractor Mowers 2. **BuyBoard Fee PRICE SHEET ALAMO INDUSTRIAL TLGPC: 447-14 ALAMO INDUSTRIAL **Per Jim Harmon, the BuyBoard fee is already incorporated into the fee of the mowers, no additional fee will be charged. SEGUIN, TEXAS UNIT EXTENDED QTY.1 UNIT PRICE PRICE 2 EA $182,800.00 $365,600.00 1 EA $0.00 $0.00 Total Price $365,600.00 **Per Jim Harmon, the BuyBoard fee is already incorporated into the fee of the mowers, no additional fee will be charged. SC o� Va. v AGENDA MEMORANDUM NcoRPOPp�EO Future Item for the City Council Meeting of September 20, 2016 1852 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 Fleet Operations iimd(a�cctexas.com (361) 826-1909 Stacie Talbert Anaya, Interim Director of Parks and Recreation StacieT(a)cctexas. com (361) 826-3476 Maria Pedraza, Procurement Manager mariape(a)cctexas.com (361) 826-3176 Purchase of Four John Deere Mowers CAPTION: Motion approving the purchase of four John Deere Mowers from Deere and Company, of Cary, North Carolina, for a total amount of $73,319.40. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. PURPOSE: This item is to approve the purchase of four John Deere Mowers for Parks and Recreation. BACKGROUND AND FINDINGS: These units will replace four zero -turn mowers that have reached their service life. ALTERNATIVE: Not replacing these units will increase equipment down time and repair cost. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/NON-EMERGENCY: Non -emergency. DEPARTMENTALCLEARANCES: Park Operations 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 $118,606.86 $0.00 $118,606.86 Encumbered / Expended Amount $36,659.70 $0.00 $36,659.70 This item $73,319.40 $0.00 $73,319.47 BALANCE 8,627.76 $0.00 $8,627.76 Fund(s): General Comments: Funding for the purchase has been approved in the FY 2015-2016 budget. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM I DESCRIPTION I QTY.1 UNIT PRICE SHEET JOHN DEERE MOWERS TLGPC BID 447-14 DEERE AND COMPANY CARY, NORTH CAROLINA UNIT EXTENDED PRICE I PRICE John Deere Z997R Mowers 1. Diesel 1 4 1 EA 1 $18,329.85 $73,319.40 Total Price $73,319.40 muS v AGENDA MEMORANDUM NORROPpEO Future Item for the City Council Meeting of September 20, 2016 1852 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 Fleet Operations iimd(a�cctexas.com (361) 826-1909 Andres Leal Jr., Interim Director of Street Operations Andyl _cctexas.com (361) 826-1957 Dan Grimsbo, Interim Dane _cctexas.com (361) 826-1718 Director of Utilities Maria Pedraza, Procurement Manager mariape cctexas.com (361) 826-3176 Purchase of One Truck Mounted Excavator CAPTION: Motion approving the purchase of one Truck Mounted Excavator from Waukesha -Pearce Industries Inc., of Corpus Christi, Texas for a total amount of $311,357.98. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. PURPOSE: This item is to approve the purchase of the Truck Mounted Excavator. BACKGROUND AND FINDINGS: The equipment will be utilized by the Street Department in the repair and maintenance of curbs and gutters. The specified equipment is optimal and uniquely suited for the job due to its reach, maneuverability and grading ability. This equipment will replace an older unit and will not expand the fleet. ALTERNATIVES: The equipment identified is the optimum choice for the tasks to be performed. The power configuration for this vehicle is not compatible with a CNG fuel application. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/NON-EMERGENCY: Non -emergency. DEPARTMENTALCLEARANCES: Water and Fleet Maintenance Services 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 $320,625.59 $0.00 $362,625.59 Encumbered / Expended Amount $0 $0.00 $0 This item $311,357.98 $0.00 $311,357.98 BALANCE $9,267.61 $0.00 $9,267.61 Fund(s): Water Comments: Funding for the purchase has been approved in the FY 2015-2016 budget. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM 1. 2. DESCRIPTION Gradall XL3100 V 4X2 Truck Mounted Excavator and components Freight PRICE SHEET TRUCK MOUNTED EXCAVATOR TLGPC BID 424-13 WAUKESHA-PEARCE INDUSTRIES, INC CORPUS CHRISTI, TEXAS UNIT I EXTENDED QTY.1 UNIT PRICE PRICE 1 EA 1 EA 1$304,857.98 1 $6,500.00 $304,857.98 $6,500.00 3. 1**BuyBoard Fee 1 1 EA 1 $0.00 $0.00 Total Price $311,357.98 **Per Cris Perez with Waukesha -Pearce Industries Inc, the City of Corpus Christi will not be charged a BuyBoard fee. SC o� Va. v AGENDA MEMORANDUM NcoRPOPp�EO Future Item for the City Council Meeting of September 20, 2016 1852 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 Fleet Operations iimd(a�cctexas.com (361) 826-1909 Dan Grimsbo, Interim Director of Utilities DanG(a)cctexas.com (361) 826-1718 Andres Leal Jr., Interim Director of Street Operations andyl(a)cctexas.com (361) 826-1957 Maria Pedraza, Procurement Manager maria pe(a)cctexas.com (361) 826-3176 Purchase of 15 Vehicles for Utilities and Street Operations CAPTION: Motion approving the purchase of 15 vehicles from Caldwell Country Automotive, of Caldwell, Texas for a total amount of $461,870.00. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative, dba Buyboard. Funds for the purchase of the vehicles have been budgeted in FY 2015-2016. PURPOSE: To approve the purchase of 15 vehicles for Utilities and Street Operations. BACKGROUND AND FINDINGS: Two units are additions to the fleet and 13 units are replacements to the fleet. Replaced units will be disposed of through standard disposal of surplus property procedures, including live auctions and/or electronic auctions. 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. DEPARTMENTALCLEARANCES: Water and Fleet Maintenance Services FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fund(s): Water, Wastewater, Storm Water, Streets and Fleet Maintenance Services Comments: Funding for the purchase has been approved in the FY 2015-2016 budget. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Project to Date Fiscal Year: Expenditures Future 2015-2016 (CIP only) Current Year Years TOTALS Line Item Budget $5,366,295.10 $0.00 $5,366,295.10 Encumbered / Expended Amount $3,331,675.32 $0.00 $3,331,675.32 This item $461,870.00 $0.00 $461,870.00 BALANCE $1,572,749.78 $0.00 $1,572,749.78 Fund(s): Water, Wastewater, Storm Water, Streets and Fleet Maintenance Services Comments: Funding for the purchase has been approved in the FY 2015-2016 budget. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM DESCRIPTION 1. Ford F-150 4X2 2017 Extended Cab 2.71- Ecoboost V6: 6 -SPD Auto, A-96 & A-97 2. Ford F-150 4X2 2017 Extended Cab 3.51- FFV V6: 6 -SPD Auto, A-82 3. Ford F-150 4X2 2017 Extended Cab 2.71- Ecoboost V6: 6 -SPD Auto, A-78 4. Ford F-150 4X2 2017 Extended Cab 4X4 3.51- FFV V6: 6 -SPD Auto, A-62 5. Ford F-150 4X2 2017 Extended Cab 4X4 5.01- FFV V8: 6 -SPD Auto, A-67 & A-68 6. Ford F-250 4X2 2017 Crew Cab 6.2L V8: 6 -SPD Auto, A-108 & A-109 7. Ford F-250 4X2 2017 Crew Cab 4X4 6.21- V8: 6 -SPD Auto, A-64 8. Ford Transit Cargo Van 2017 T250 Cargo Van 3.71- V6: 6 -SPD Auto, A-107 9. Ford Transit Cargo Van 2017 T250 Cargo Van 3.71- V6: 6 -SPD Auto, A-86, A-87 & A-88 10. BuyBoard Fee PRICE SHEET VEHICLES FOR UTILITIES TLGPC: 430-13 Caldwell Country Ford CALDWELL, TEXAS UNIT EXTENDED QTY.1 UNIT PRICE PRICE 2 1 EA 1 $28,965.00 $57,930.00 1 EA $24,127.00 $24,127.00 1 EA $24,306.00 $24,306.00 1 EA $31,509.00 $31,509.00 2 EA $38,881.00 $77,762.00 2 EA $43,201.00 $86,402.00 1 EA $33,130.00 $33,130.00 1 EA $27,500.00 $27,500.00 4 EA $24,701.00 $98,804.00 1 EA $400.00 $400.00 Total Price 1 $461,870.00 SC o� Va. v AGENDA MEMORANDUM NcoRPOPp�EO Future Item for the City Council Meeting of September 20, 2016 1852 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 Fleet Operations iimd(a�cctexas.com (361) 826-1909 Andres Leal Jr., Interim Director of Street Operations AndyL(a)cctexas.com (361) 826-1957 Maria Pedraza, Procurement Manager mariape(a)cctexas.com (361) 826-3176 Purchase of one 2016 Etnyre Self -Propelled Chipspreader CAPTION: Motion approving the purchase of one 2016 Etnyre Self -Propelled Chipspreader from Cooper Equipment Company, of San Antonio, Texas for a total amount of $282,633.00. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. PURPOSE: This item is to approve the purchase of the 2016 Etnyre Self -Propelled Chipspreader for the Street Department. BACKGROUND AND FINDINGS: The chipspreader unit is used in the seal coat process to apply the aggregate (chips). This unit will replace a 1982 model unit, which has reached its service life. ALTERNATIVE: This unit is not available in compressed natural gas (CNG). OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/NON-EMERGENCY: Non -emergency. DEPARTMENTALCLEARANCES: Street and Fleet Maintenance Services 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 $744,114.00 $0.00 $744,114.00 Encumbered / Expended Amount $406,206.00 $0.00 $406,206.00 This item $282,633.00 $0.00 $282,633.00 BALANCE $55,305.00 $0.00 $55,305.00 Fund(s): Street Comments: Funding for the purchase has been approved in the FY 2015-2016 budget. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ PRICE SHEET 2016 Etnyre Self -Propelled Chipspreader TLGPC: 424-13 COOPER EQUIPMENT COMPANY SAN ANTONIO, TEXAS UNIT I EXTENDED ITEM I DESCRIPTION I QTY.1 UNIT PRICE PRICE 2016 Etnyre Self -Propelled Chipspreader EA 1$282,633.00 Total Price $282,633.00 $282,633.00 SC o� Va. v AGENDA MEMORANDUM NcoRPOPp�EO Future Item for the City Council Meeting of September 20, 2016 1852 Action Item for the City Council Meeting September 27, 2016 DATE: September 10, 2016 TO: Margie C. Rose, City Manager FROM: Jim Davis, Director of Fleet Operations iimd(a�cctexas.com (361) 826-1909 Andres Leal Jr., Interim Director of Street Operations AndyL(a)cctexas.com (361) 826-1957 Maria Pedraza, Procurement Manager mariape(a)cctexas.com (361) 826-3176 Purchase of One Deere 410L, Backhoe with a Jackhammer CAPTION: Motion approving the purchase of one Deere 410L, Backhoe with a Jackhammer from Doggett Heavy Machinery Services LTD., of Corpus Christi, Texas for a total amount of $100,673.00. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. PURPOSE: This item is to approve the purchase of one Deere 410L, Backhoe with a Jackhammer for the Street Department. BACKGROUND AND FINDINGS: This unit will be used for base restoration and concrete restoration operations. This unit will replace a 2001 model unit that has reached its service life. ALTERNATIVE: This unit is not available in compressed natural gas (CNG). OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/NON-EMERGENCY: Non -emergency. DEPARTMENTALCLEARANCES: Street and Fleet Maintenance Services 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 $744,114.00 $0.00 $744,114.00 Encumbered / Expended Amount $0 $0.00 $0 This item $100,673.00 $0.00 $100,673.00 BALANCE $643,441.00 $0.00 $643,441.00 Fund(s): Street Comments: Funding for the purchase has been approved in the FY 2015-2016 budget. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM I DESCRIPTION 1. l2016 Deere 410L Backhoe with a Deere HH 80C Hammer PRICE SHEET BACKHOE WITH A JACKHAMMER TLGPC BID 424-13 DOGGETT HEAVY MACHINERY SERVICES, LTD. CORPUS CHRISTI, TEXAS UNIT EXTENDED QTY.1 UNIT PRICE I PRICE 1 1 EA $100,673.00 $100,673.00 Total Price $100,673.00 Run: 09/09/2016 at 5:00 AM Acct # Account Description CITY OF CORPUS CHRISTI, TEXAS APPROPRIATION EXPENDITURE REPORT BY ORGANIZATION FOR THE 12 MONTHS ENDED September 30, 2016 ORGANIZATION: 12430 - Surface Preservation Fund: 1041 - Streets Annual Original Budget Amended Budget Expenditures Commitments & Encumbrances Unencumbered Balance % of Budget Expended 548010 Fleet Repair Costs Alloc 548060 MIS Alloc 548120 Self Insurance Alloc Total Allocations 550020 Vehicles & Machinery 550040 Other Equipment Total Capital 641,844.00 155,112.00 150,888.00 641,844.00 155,112.00 150,888.00 641,844.00 155,112.00 150,888.00 0.00 0.00 0.00 0.00 0.00 0.00 100.00 100.00 100.00 947,844.00 947,844.00 947,844.00 0.00 0.00 100.00 650,000.00 100,000.00 744,114.00 38,849.00 0.00 32.963.00 611,266.00 0.00 132,848.00 5,886.00 82.15 84.85 750,000.00 782,963.00 32,963.00 611,266.00 138,734.00 82.28 TOTAL 9,735,689.03 11,040,756.80 7,096,258.38 3,246,313.84 698,184.58 93.68 SC H v AGENDA MEMORANDUM NCORPORp1EO Future Item for the City Council Meeting of September 20, 2016 1852 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 Fleet Operations iimd(a�cctexas.com (361) 826-1909 Dan Grimsbo, Interim DanG�cctexas.com (361) 826-1718 Director of Utilities Maria Pedraza, Procurement Manager mariape�cctexas.com (361) 826-3176 Lease -Purchase of Two Truck Mounted Excavators CAPTION: Motion approving the lease -purchase of two Truck Mounted Excavators from Waukesha - Pearce Industries Inc., of Corpus Christi, Texas for a total amount not to exceed $735,750.04. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative (TLGPC), dba BuyBoard. Total Lease -Purchase Price: $690,478.26 Total Allowable Interest for Lease: $45,271.78 Grand Total: $735,750.04 PURPOSE: This item is to approve the lease -purchase of two Truck Mounted Excavators. BACKGROUND AND FINDINGS: The equipment will be utilized by the Storm Water Department to clean and maintain drainage ditches and basins. The specified equipment is optimal for its reach, maneuverability and ability to properly grade embankments. This equipment will replace older units and will not expand the fleet. ALTERNATIVES: The equipment identified is the optimum choice for the tasks to be performed. OTHER CONSIDERATIONS: Financing for the lease -purchase of the two Truck Mounted Excavators is based on a sixty month term with an estimated interest rate of 2.50% for an annual payment of $147,150. The total estimated cost over the five-year period, including principal of $690,478.26 and interest of $45,271.78, is $735,750.04. 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. DEPARTMENTALCLEARANCES: Fleet Maintenance Services and Utilities 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 $10,660.00 $735,750.04 $746,410.04 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $0.00 $735,750.04 $735,750.04 BALANCE $10,660.00 $0.00 $10,660.00 Fund(s): Water 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 I DESCRIPTION Gradall Truck Mounted Excavator and 1. components PRICE SHEET TRUCK MOUNTED EXCAVATOR TLGPC BID 424-13 WAUKESHA-PEARCE INDUSTRIES, INC. CORPUS CHRISTI, TEXAS UNIT I EXTENDED QTY.1 UNIT PRICE PRICE 2 1 EA 1$338,739.13 $677,478.26 2. lFreight 1 1 1 EA 1 $13,000.00 $13,000.00 Total Price Allowable Interest Grand Total $690,478.26 $45,271.78 $735,750.04 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 27, 2016 Legistar Number: 16-1041 Agenda Item: Motion approving the lease -purchase of two Truck Mounted Excavators from Waukesha - Pearce Industries Inc., Corpus Christi, Texas for a total amount not to exceed $735,750.04. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative (TLGPC), dba BuyBoard. Total Lease -Purchase Price: $690,478.26 Total Allowable Interest for Lease: $45,271.78 Grand Total: $735,750.04 Amount Required: $ 0.00 Fund Name Accounting Unit Accoount Activity No. Amount Water 4010-31510-041 530190 $0.00 Total $0.00 X Certification Not Required Director of Financial Services Date: SC o� Va. v AGENDA MEMORANDUM NcoRPOPp�EO Future Item for the City Council Meeting of September 20, 2016 1852 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 Fleet Operations iimd(a�cctexas.com (361) 826-1909 Dan Grimsbo, Interim Director of Utilities dang(a)cctexas.com (361) 826-1718 Maria Pedraza, Procurement Manager maria pe(a)cctexas.com (361) 826-3176 Purchase of One Deere 524K, Front End Loader CAPTION: Motion approving the purchase of one Deere 524K, Front End Loader from Doggett Heavy Machinery Services LTD., of Corpus Christi, Texas for a total amount of $119,882.00. The award is based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. PURPOSE: This item is to approve the purchase of one Deere 524K, Front End Loader for the Storm Water Department. BACKGROUND AND FINDINGS: This unit will be utilized by the Stormwater Department to assist in the cleaning and maintenance of drainage ditches. This equipment will replace an older unit that has exceeded its service life and will not expand the fleet. ALTERNATIVE: The equipment identified is the optimum choice for the tasks to be performed. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/NON-EMERGENCY: Non -emergency. DEPARTMENTALCLEARANCES: Storm Water 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 $187,265.00 $0.00 $187,265.00 Encumbered / Expended Amount $0 $0.00 $0 This item $119,882.00 $0.00 $119,882.00 BALANCE $67,383.00 $0.00 $67,383.00 Fund(s): Storm Water Comments: Funding for the purchase has been approved in the FY 2015-2016 budget. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM I DESCRIPTION PRICE SHEET FRONT END LOADER TLGPC BID 424-13 DOGGETT HEAVY MACHINERY SERVICES, LTD. CORPUS CHRISTI, TEXAS UNIT EXTENDED QTY.1 UNIT PRICE I PRICE 2016 Deere 524K 1. Front End Loader 1 1 1 EA 1 $119,882.00 $119,882.00 2. 1**BuyBoard Fee 1 1 1 ea 1 $0.00 $0.00 Total Price $119,882.00 **Per Drew Schuelke of Doggett, the City of Corpus Christi will not be charged a BuyBoard fee. SC o� Va. v AGENDA MEMORANDUM NcoRPOPp�EO Future Item for the City Council Meeting of September 20, 2016 1852 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(a�cctexas.com (361) 826-1909 Maria Pedraza, Procurement Manager maria pe(a)cctexas.com (361) 826-3176 Purchase of Vehicle Alignment Equipment CAPTION: Motion approving the purchase of Vehicle Alignment Equipment from Mohawk Resources LTD, of Amsterdam, New York for a total amount of $56,167.93. The award is based on the cooperative purchasing agreement with Houston -Galveston Area Council. Funds have been set aside by Fleet Maintenance Services in FY15-16. PURPOSE: This item is to approve the purchase of Vehicle Alignment Equipment for Fleet Maintenance Services. BACKGROUND AND FINDINGS This new alignment machine will replace the light equipment wheel alignment machine. The current machine's computer no longer is functional and the lift capability of the machine is unsafe. Fleet Maintenance Services has operated the current machine for more than twenty years. ALTERNATIVE: If we do not replace this machine we will continue to be required to send vehicles needing alignment to outside vendors to perform this service. This is not a cost effective way to do business. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/NON-EMERGENCY: Non -emergency. DEPARTMENTALCLEARANCES: Fleet Maintenance Services FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fund(s): Fleet Maintenance Services Comments: Funding for the purchase has been approved in the FY 2015-2016 budget. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Project to Date Fiscal Year: Expenditures Future 2015-2016 (CIP only) Current Year Years TOTALS Line Item Budget $4,106,461.49 $0.00 $4,106,461.49 Encumbered / Expended Amount $3,443,309.92 $0.00 $3,443,309.92 This item $56,167.93 $0.00 $56,167.93 BALANCE $606,983.64 $0.00 $606,983.64 Fund(s): Fleet Maintenance Services Comments: Funding for the purchase has been approved in the FY 2015-2016 budget. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ PRICE SHEET VEHICLE ALIGNMENT EQUIPMENT H -GAC FL03-15 MOHAWK RESOURCES LTD AMSTERDAM, NEW YORK UNIT EXTENDED ITEM DESCRIPTION QTY. UNIT PRICE PRICE Heavy Duty 4 -Post Rack with 1. Alignment System 1 EA $54,842.93 $54,842.93 2. Freight 1 EA $1,325.00 $1,325.00 Total Price $56,167.93 SC o� � AGENDA MEMORANDUM co., Future Item for the City Council Meeting of September 20, 2016 1852 Action Item for the City Council Meeting of September 27, 2016 DATE: September 6, 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, 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 Design Contract Elevated Water Storage Tanks - Citywide (Alternative Capacity Requirement Implementation) CAPTION: Motion authorizing the City Manager or designee to execute an Engineering Design contract with LNV, Inc. of Corpus Christi, Texas in the amount of $672,034 for the Elevated Water Storage Tanks — Citywide (Alternative Capacity Requirement Implementation) for design, bid and construction phase services. PURPOSE: The purpose of this agenda item is to obtain authority to execute an engineering design contract for the Elevated Water Storage Tanks (Alternative Capacity Requirement Implementation — Phases 3 & 4). CIP DESCRIPTION: Elevated Water Storage Tanks — Citywide (ACR Implementation) "The existing Elevated Storage Tanks (EST) have inadequate volume and elevation to meet minimum storage requirement as defined by the Texas Commission on Environmental Quality (TCEQ). This project is a phased multi-year effort that will provide four new ESTs with 7.5 million gallons of storage. This improved storage capacity, combined with the new heights and two new pump station generators (addressed under a separate CIP project) will place the City's distribution system in compliance with TCEQ's Alternative Capacity Requirement (ACR). Land acquisition and design for Tanks 1 and 2 is in process and construction is scheduled to begin in fiscal year 2016. The remaining tanks will follow the same life cycle and are scheduled to be completed by end of fiscal year 2022. Included in this project is the completion of the Water Distribution System Master Plan in accordance with TCEQ ACR Implementation criteria. BACKGROUND AND FINDINGS: In June 2012, the Texas Commission on Environmental Quality (TCEQ) approved the City's four phased approach for the ACR Implementation Plan in Pressure Zone 1 to increase the elevated storage capacity from 3.5 Million Gallon (MG) to 7.5 MG. In 2016, TCEQ approved combining Phase 3 & 4 into a single project to reduce the cost and accelerate the ACR Implementation plan." This project provides for the design and professional engineering services combining Phase 3 and Phase 4 into a single project to reduce the cost and accelerate the ACR Implementation plan with planned construction completion for both tanks in August 2020. The City's ACR Implementation Plan and status shown in the Table below. Phase Description Status 1 Construct a new emergency generator at both the Navigation Under Design and Staples Street Pump Stations 2 Construct 2 new EST's; 3.0 MG at the Holly Road Pump Construction Station and 0.75 MG EST at Rand Morgan Street 3 Construct a new 2.5 MG EST at Starry Road on City -owned Design property (DESIGN UNDER THIS PROJECT) 4 Construct a new 1.25 MG EST at Nueces Bay Blvd at Beginning Land undetermined site (DESIGN UNDER THIS PROJECT) Acquisition Phase 1 is under design with construction scheduled for completion in September 2017. The Phase 2 construction contract was approved by City Council on April 19, 2016, and planned for completion in early 2018. This contract will begin phases three and four. This project provides for a 2.5 MG EST at Starry Road located on City owned property. The 1.25 MG EST on Nueces Bay Blvd. is proposed on property owned by Flint Hills that is currently under land acquisition discussions. This project also includes demolition of the existing four ESTs that include the Morgan EST, Gollihar EST, Alameda EST, and Flour Bluff EST. LNV Engineers, Inc. was selected for this project through RFQ 2008-05 Bond Issue 2008 and other CIP Projects, dated September 19, 2008. LNV Engineers, Inc. brings expertise and excellent past performance for the Phase 2 of the ACR Implementation Plan for the City. ALTERNATIVES: 1. Authorize the execution of the engineering design contract. 2. Do not authorize the execution of the engineering design contract. (Not Recommended) OTHER CONSIDERATIONS: ►I=1=1 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 Project to 2015-2016 Date Current Year Future Years TOTALS Expenditures Line Item Budget $2,261,144 $5,200,000 $23,000,000 $30,461,144 Encumbered / Expended Amount $1,020,386 $6,063,370 $3,245,080 $10,328,836 This Item $672,034 $672,034 Future Anticipated Expenditures This Project $19,373,893 $19,373,893 BALANCE $1,240,758 -$1,535,404 $381,027 $86,381 Fund(s): Water CIP No. 3 Comments: This project requires approximately 1,480 calendar days with anticipated completion in August 2020. This contract will result in an expenditure not to exceed $672,034. RECOMMENDATION: City Staff recommends approval of the Engineering Design contract with LNV, Inc. of Corpus Christi, Texas in the amount of $672,034 for the Elevated Water Storage Tanks — Citywide (Alternative Capacity Requirement Implementation) for design, bid and construction phase services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation Pressure Zone Map Form 1295 PROJECT BUDGET Elevated Water Storage Tanks - Citywide (Alternative Capacity Requirement Implementation) FUNDS AVAILABLE: Water CIP - Storage Tanks Design (Project 8651) ................................................... $ 760,644 Water CIP - Storage Tanks Phase 2 (Project E11012) .............................................. $ 6,700,500 Future CIP Request - Storage Tanks Phase 3 & 4 (Project E11012 & E16290) .............. $ 23,000,000 TOTAL FUNDS AVAILABLE............................................................................ $ 30,461,144 FUNDS REQUIRED: Construction: **Construction (CB&I, Inc.) (Project E11012)........................................................... $ 9,245,050 Contingency(10%)............................................................................................ $ 924,505 Construction (TBD) (Project E16290)..................................................................... $ 16,500,000 Construction Observation and Testing: Construction Observation Estimate (TBD)........................................................... $ 750,000 **Construction Materials Testing (Rock Engineering) (Project E11012) ......................... $ 63,400 Design: Engineer (LNV, Inc.).......................................................................................... $ 1,423,288 * Design (Project 8651)................................................................ 701,504 Design (Project E11012)............................................................. 49,750 Design (Project E16290) THIS CONTRACT .................................... 672,034 Geotech Testing (Rock Engineering)..................................................................... $ 72,065 Geotech Testing (Project 8651) ...................................................... 30,865 Geotech Testing (Project E11012) .................................................. 41,200 Subsurface Utility Engineering Estimate (TBD) ........................................................ $ 100,000 Other: Staff Augmentation (Linda Gurley)......................................................................... $ 9,999 Land Acquisition (Rand Morgan)........................................................................... $ 190,500 Land Acquisition Estimate (Nueces Bay Blvd).......................................................... $ 220,000 Reimbursements: Total Reimbursements............................................................................... $ 875,956 Administration/Finance (Engineering/Capital Budget/Finance).................. 332,886 Engineering Services (Project Mgmt)................................................... 533,070 Misc.............................................................................................. 10,000 TOTAL FUNDS REQUIRED................................................................................ $ 30,374,763 ESTIMATED PROJECT BUDGET BALANCE........................................................ $ 86,381 *Design contract approved by City Council on February 10, 2009 by Motion No. M2009-032 **Construction contract approved by City Council on April 19, 2016 by Motion No. M2016-041 Rob Petrunda v" iDdem Tierra Grande Sf '' Taft N ueces Bay EST (1.25 MG) _� 0/1.1 Starry EST (2.5 MG) hatI Elevated Water Storage Tanks is Citywide LOCATION MAP NOT TO SCALE fir+' N Gr o' 61 Portland Oingleside Ing6eslcl? on the Bad. �1 PROJECT: E16290 CITY COUNCIL EXHIBIT Elevated Water Storage Tanks CITY OF CORPUS CHRISTI, TEXAS Citywide ( ACR Phase 3 ) DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and LNV, Inc., a Texas corporation, 801 Navigation, Suite 300, Corpus Christi, Nueces County, Texas 78408, (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT Elevated Water Storage Tanks Citywide (Alternative Capacity Requirement Implementation) (Project No. El 6290) - This project will provide the City with a 2.5 million gallon (MG) elevated storage tank (EST) at Starry Road and a 1.25 MG EST at Nueces Bay as described as Phases 3 and 4 in the Alternative Capacity Requirement Implementation Plan. This project also includes demolition of the four (4) existing ESTs in the City's Pressure Zone 1 which are identified by the City as Morgan EST, Gollihar EST, Alameda EST, and Flour Bluff EST. Antenna provisions will be included in this project for the proposed 2.5 MG EST at Starry Road to accommodate antennas for the City's Police and Municipal Information Systems (MIS) Departments. 2. SCOPE OF SERVICES The Consultant hereby agrees to perform services to complete the Project, as detailed in Exhibit "A". In addition, Consultant will provide monthly status updates (project progress or delays presented with monthly invoices) and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the Consultant (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. ORDER OF SERVICES The Consultant agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. Contract for Professional Services K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16290 ELEVATED WATER STORAGE TANK PHASE 3&4\CO NTRACT\CO NTRACT. DOC Pagel of 5 4. FEE The City will pay the Consultant a fee as described in Exhibit "A" for providing services authorized, a total fee not to exceed $672,034.00. Monthly invoices will be submitted in accordance with Exhibit "B". 5. INDEMNITY Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. 6. INSURANCE Consultant agrees to comply with the insurance requirements in Exhibit "C". 7. TERMINATION OF CONTRACT The City may terminate this contract for convenience upon seven days written notice to the Consultant at the address of record. The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. Contract for Professional Services K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16290 ELEVATED WATER STORAGE TANK PHASE 3&4\CO NTRACT\CO NTRACT. DOC Page 2 of 5 In the event of termination, the Consultant will be compensated for its services on all stages authorized based upon Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. 8. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. 9. ASSIGNABILITY The Consultant will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the Consultant staff. If the Consultant is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 10. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, inspection reports and submittal data will be the sole property of the City, may not be used again by the Consultant without the express written consent of the Director of Engineering Services. However, the Consultant may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 11. STANDARD OF CARE Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 12. DISCLOSURE OF INTEREST Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 13. CERTIFICATE OF INTERESTED PARTIES For contracts that exceed $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of Contract for Professional Services K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16290 ELEVATED WATER STORAGE TANK PHASE 3&4\CO NTRACT\CO NTRACT. DOC Page 3 of 5 this agreement. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent, b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.htm1. 14. CONFLICT OF INTEREST Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. 15. ENTIRE AGREEMENT AND CONTROLLING LAW This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral orwritten. This Agreement maybe amended only bywritten instrument signed by both the City and Consultant. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 16. CONFLICT RESOLUTION BETWEEN DOCUMENTS Consultant hereby agrees and acknowledges if anything contained in the Consultant - prepared Exhibit "A", Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. Contract for Professional Services K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16290 ELEVATED WATER STORAGE TANK PHASE 3&4\CO NTRACT\CO NTRACT. DOC Page 4 of 5 CITY OF CORPUS CHRISTI J.H. Edmonds, P.E. Date Director of Engineering Services RECOMMENDED Operating Department Date APPROVED AS TO LEGAL FORM Legal Department Date APPROVED Office of Management Date and Budget ATTEST Rebecca Huerta City Secretary Date Project Name Elevated Water Storage Tanks Citywide Alternative Capacity Reauirement Implementation Project Number E16290 Accounting Unit 4091-041 Account 550950 Activity El 6290014091 EXP Account Category 50950 Fund Name Water 2012B RVBD This is the original contract for $672,034 And r.D° n S. Leyendecker, P. E. resident 801 Navigation, Suite 300 Corpus Christi, Texas 78408 (361) 883-1984 Office (361) 883-1986 Fax loganb@lnvinc.com -1"/Z7 2-l& Date Contract for Professional Services K 4ENGINEERING OATAEXCHANGEUENNIFERIWATER1ES6290 ELEVATED WATER STORAGE TANK PHASE MCCONTRACTICONTRACT.DOC Page 5 of 5 EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS ELEVATED WATER STORAGE TANKS - CITYWIDE (ACR IMPLEMENTATION) PROJECT NO. E16290 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. Preliminary Phase. The Arch itect/Engineer-A/E (also referred to as Consultant) will: a7 Prepare PGWerPnlnt nresentatinn in Gity format fnr Gity (`ni ingil Meeting b) Hold Project Kick-off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. C) Prepare geotechnical investigation findings (see additional services). d) Request available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f7 DeV n ^reArrrmiRarry sJtreet� ss sect+e;-pee^vmrmrTei�uatiBrr�Trepare nnn`+ep t gal ,/life_GyGlre GA -St Y.githFeGA_RggFneRded Vt_Q.M.t_QA4 cen4innc i icing Cerlerol Highway 4r7ministrotinn (CI --WA) Reel Gest Program g) Identify right-of-way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. T7 Deyelnn drainage area Ihni Rdary man fnr evicting and nrnnnser7 drainage areas ''`/ serer J7 PFGPGGed systeMS. IRGII-Idt-9 aRalySiS Gf iRlet GapaGity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. wtT4F=P Irl Qty Traffin ERgiReeFiRg tG idegtify ;Gpt+eR Af elest�+e<„ PGWer gnnrli lit fnr street lighting and trafflg signalizatinn m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. 84 QeVieW -Gity P;^vvided p eliminrrrmary ffinr, �assessi eN�aiRd p e ide regnmmenrlatinn fnr integration and/nr arlrlitinnal regi iirernents as annrepriate P) Prepare an Engineering Letter Report (20 - 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic - EXHIBIT "A" Page 1 of 10 Revised November 26, 2013 level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross-sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right-of-way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include summary output tables from Hydraulic and Hydrologic analyses. 3. Include existing site photos. 4. Provide opinion of probable construction costs. 5. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet as City agent or with City participation and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 6. or,,�e—de—aRalysisGR PFGjeGt impaiGzs tewards "Fe-eRgiReeFiRg"and cffents nn nest saVines tewar`•1 Gity eeeratienso eV.4011Whinh this ereint ,ill ;;ffent 7. Provide anticipated index of drawings and specifications. 8. Provide a summary table & required ROW parcels q) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. r) Submit computer model file, results and calculations used to analyze drainage. S) Conduct Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report as scheduled by City Project Manager. 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. yyl cssist Git" in presenting s6iim,,�maFy oaf CI R fiRdiRgS to the Rin"nlo en`•I DorlostriAR `^^�� dd4" r'rttee aipcd-r—lhe Fran vrtGttiB.A 4d-� 01;c)r�, C;e nmittee (TAG). Prpp�c y y^ I�,., ,,..,, �,'.,�� '�--vvmm�T �rT� c� "1" DPG_Y eiR reGeRtatiGR, haRGIGH G ARd 4-9iChib-itsffG-.F reetiR@.. PFE)YOGle fGIIGW 616 aRGI respepse to ge M.M.49 tc+ City staff will provide one set only of the following information (as applicable): a) Electronic index and database of City's record drawing and record information. b) Requested record drawings, record information in electronic format as available from City Engineering files. b) The preliminary budget, specifying the funds available for construction. C) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (A/E to coordinate with City Operating Department) e) Applicable Master Plans and GIS mapping are available on the City's website. f) City Control survey Bench marks and coordinates. a)P-eliminery Tra#OG impar--tsyses..rsse;#7 EXHIBIT "A" Page 2 of 10 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 on/Y for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). C) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 11"x 17". 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one (1) set of the interim plans (60% submittal - electronic and hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary, project checklist & drawing checklist" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) Provide one (1) set of the pre -final plans and bid documents (90% submittal - electronic and hard copy using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. Plan execution summary, project checklist and plan checklist. h) Hold Project 90% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non -responding participants as appropriate and, upon Notice to Proceed. PFG_Virlo GRP- (1\ Gf Ral /'1(04) PlaRG (61R I ;r,d r n elertrepin r, sets �seaT-;Pd�, .1-11.15+ze harGGPY d 61SORg Git i C lard r� Impo) fn sfiRal re'/Tei j) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents EXHIBIT "A" Page 3 of 10 Revised November 26, 2013 (electronic and full-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual Property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. k) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City - provided review comments or provided submittals in accordance with City standards.. 1) Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. See Exhibit "A-2" for required form. m) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide electronic copy of the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Prepare draft Authorization to Advertise (ATA). b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. C) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. d) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. f) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re -advertise that particular portion of the Project for bids. g) Prepare Agenda Memoranda and PowerPoint presentation in City format for City Council Meeting. EXHIBIT "A" Page 4 of 10 Revised November 26, 2013 The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. h) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. i) Review Contractor -provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. EXHIBIT "A" Page 5 of 10 Revised November 26, 2013 B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following: 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: a. Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in the area b. TxDOT utility and environmental permits, multiple use agreements C. Wetlands Delineation and Permit d. Temporary Discharge Permit e. NPDES Permit/Amendments (including SSC, NOI NOT) f. Texas Commission of Environmental Quality (TCEQ) Permits/Amendments g. Nueces County h. Texas Historical Commission (THC) i. U.S. Fish and Wildlife Service (USFWS) j. U.S. Army Corps of Engineers (USACE) k. United States Environmental Protection Agency (USEPA) I. Texas Department of Licensing and Regulation (TDLR ) M. Texas General Land Office (TGLO) n. Other agency project -specific permits 2. Right -of -Way (ROW) Acquisition Survey. All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right-of-way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right-of-way to be acquired. C) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. d) Prepare Metes and Bound Instrument with supporting exhibits as required and agreed upon, subsequent to ELR acceptance for ROW parcels, utility easements and temporary construction easements. EXHIBIT "A" Page 6 of 10 Revised November 26, 2013 3. Topographic Survey a_ Daa.rnnl Desgriptions All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied - i.e. - the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third -parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. TT Cot preperty nnrnors ;nr! prepare right of way strop paFGel mars depiGtiRg SII ,mel 6 pFepesed f ^ F aac961i640err . 4e4e sGlessFipt+ens a aster ate paFeRt tFa4t-;_;TeaSGR MA-Sitti�"ccsrr'cr e�'frrtvrm'crti�' available. StYip map lvc411 shA_�.A.eRpareRttF.;;GtS at "AP -t t8 SGalo" and! fnr infnrm;;4inn nnl" All exiGtiRg yc�comori4c Within the r»rnolc 4n ho aGq sired and! 4hn69 4404hin adjaGeRt r»rnolc TF.Tt�� CST m) shall f may h Y r Fe 'sins. 19961 11 aFy GGRflln4 1= Tees ,�e� e�edse setweeQygp+�Ters41� QI Ihmit PaFGel maps and legal deGGFiPtinnc Prinr 4n 4ho 6-(10/ QI Ihr WAI 4. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 5. Public Involvement. To Be Determined. FOR.Al FERgiReeFiRg 1 49#49F R--" aRGI GRe P61bliG MeetiRg shall be held pFieF te st�art ef fA-.r MTTeetiRgS. Prev Ode felIP1,l1,_I ip and FeSPA-RIe t8Gftz:eR ^GGFnTMeflT1. fTeVTse G�Tf rCT'QQt and ovhi146 f9r nl Ihlin MeetiRgG EXHIBIT "A" Page 7 of 10 Revised November 26, 2013 6. Subsurface Utilitv Investiaation — To Be Determined 7. Construction Observation Services. To Be Determined. 8. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one- year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City 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. 9. Start-up Services. Provide authorized services as described in Exhibit A-1. 10. Provide SCADA Documentation. Provide authorized services as described in Exhibit A- 1. EXHIBIT "A" Page 8 of 10 Revised November 26, 2013 .G7:T�7A1E7.7♦LOT■ MIK.-M:7:GT.r fSfiL�T■i ■ .1110 I'M U-IT.111 MIN ♦ ♦ 7. Construction Observation Services. To Be Determined. 8. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one- year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City 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. 9. Start-up Services. Provide authorized services as described in Exhibit A-1. 10. Provide SCADA Documentation. Provide authorized services as described in Exhibit A- 1. EXHIBIT "A" Page 8 of 10 Revised November 26, 2013 11. Project Manual. —To Be Determined 12. O&M Manuals and Training. Provide authorized services as described in Exhibit A-1. 13. Process Automation System Development. Provide authorized services as described in Exhibit A-1. 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". SCHEDULE Date Activity TBD NTP 90 days after NTP Draft PER submittal 120 days after NTP City Review 150 days after NTP Final PER submittal 420 days after NTP Land Acquisition Completed 480 days after NTP 60% Design Submittal 510 days after NTP City Review 570 days after NTP 90% Pre -Final Design Submittal 600 days after NTP City Review 630 days after NTP Final Submittal 750 days after NTP Contract Award 795 days after NTP Begin Construction 1480 days after NTP Complete Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. The statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. EXHIBIT "A" Page 9 of 10 Revised November 26, 2013 B. Fee for Additional Services under Section I.B. "Additional table below: Summary of Fees For services authorized by the Director of Engineering Services Services," the City will pay the A/E a not -to -exceed fee as per the Basic Services Fees 1. Preliminary Phase $ 136,795 2. Design Phase $ 286,925 3. Bid Phase $ 11,378 4. Construction Administration Phase $ 118,992 Subtotal Basic Services Fees $ 554,090 Additional Services Fees (Allowance) 1. Permit Preparation $ 7,280 2. ROW Acquisition Survey $ 14,340 3. Topographic Survey and Parcel Descriptions $ 14,270 4. Environmental Issues $ 27,692 5. Public Involvement TBD 6. Subsurface Utility Investigation TBD 7. Construction Observation Services TBD 8. Warranty Phase $ 6,983 9. Start -Up Services $ 13,096 10. Provide SCADA Documentation $ 5,880 11. Project Manual TBD 12. O&M Manuals and Training $ 6,595 13. Process Automation System Development $ 21,808 Sub -Total Additional Services Fees Authorized $ 117,944 Total Authorized Fee $ 672,034 EXHIBIT "A" Page 10 of 10 Revised November 26, 2013 EXHIBIT "A-1" (Provides supplemental description to Exhibit'A'. Task List does not supersede Exhibit'A'.) CITY OF CORPUS CHRISTI, TEXAS ELEVATED WATER STORAGE TANKS - CITYWIDE (ACR IMPLEMENTATION) Project No. E16290 Project Background The Elevated Water Storage Tanks — Citywide (ACR Implementation Phases 3 & 4) project is based upon the analysis and recommendations made in the Alternative Capacity Requirement (ACR) for elevated storage approved by Texas Commission of Environmental Quality (TCEQ) in 2012. The ACR was requested as a result of the City receiving a violation from TCEQ for not meeting the minimum elevated storage capacity requirement of 100 gallons per connection in the City's Pressure Zone 1 water system. Using historical data and hydraulic modeling, the City in association with LNV, developed an ACR report that showed the City's Pressure Zone 1 water system could meet TCEQ requirements with only 50 gallons of elevated storage capacity per connection with a four (4) phase series of improvements as described below: Phase 1 — Install Generators at Navigation and Staples Pump Stations Phase 2 — Construct a 0.75 MG & 3.0 MG EST at Rand Morgan and Holly Roads to replace the existing ESTs in Pressure Zone 1 Phase 3 — Construct a 2.5 MG EST at Starry Road Phase 4 — Construct a 1.25 EST at Nueces Bay TCEQ approved the ACR request under the conditions that the City completes the proposed four (4) phases of improvements as outlined above in a 9 -year period (which began in the year 2012). At this time, the City has deviated from the original implementation plan as was originally approved by TCEQ. However, the City has modified their original implementation plan by combining Phases 3 and 4 into one (1) project ultimately keeping the City on track to meet the original approved deadline set by the ACR. Purpose The purpose of this project is to provide a 2.5 MG EST at Starry Road and a 1.25 MG EST at Nueces Bay as described as Phases 3 and 4 in the ACR Implementation Plan. In addition to the proposed ESTs, this project will also include demolition of the four (4) existing ESTs in the City's Pressure Zone 1 which are identified by the City as Morgan EST, Gollihar EST, Alameda EST, and Flour Bluff EST. Antenna provisions will be included in this project for the proposed 2.5 MG EST at Starry Road to accommodate antennas for the City's Police and Municipal Information Systems (MIS) Departments. Scope of Services A. Basic Services 1.0 Preliminary Phase 1.1. Refine the User Requirements by gaining input from City personnel and addressing system operational issues and issues specific to the existing elevated storage tanks. EXHIBIT "A-1" Page 1 of 7 The User Requirements will be incorporated into the design recommendations presented in the Preliminary Engineering Report. 1.2. Conduct Alternative Evaluations for tanks, piping materials, inlet/outlet configurations, valves, hydrodynamic mixing systems, chemical injection, and appurtenances. The preliminary recommendations will be presented in the Preliminary Engineering Report. 1.3. Deliver Draft Preliminary Engineering Report (PER) that builds upon the Alternate Capacity Requirement (ACR) for Elevated Storage Report recommendations specific to Starry Rd. and Nueces Bay Blvd. elevated tanks and incorporates the User Requirements and Alternative Evaluations. The PER will also include recommendations for sequencing the demolition of the four (4) existing elevated storage tanks within Pressure Zone 1 as well as plans and specifications consistent with 30% level of completion. 1.4 Deliver Final PER incorporating City review comments of the Draft PER. 2.0 Design Phase 2.1 Utility Coordination Provide coordination with electric and communication utility companies in accordance with Exhibit A. 2.2 Identify Testing, Handling and Disposal of Hazardous Materials Provide services related to hazardous materials and/or contaminated soils in accordance with Exhibit A. 2.3 60% Deliverable — Plans & Specification Package The ENGINEER shall prepare and submit plans and specifications at the 60 percent level of completion in accordance with Exhibit A. 2.4 60% Review Meeting The ENGINEER shall attend a half-day submittal review workshop with OWNER staff for the 60% design submittal to the OWNER. 2.5 90% Pre -Final Deliverable — Plans & Specification Package The ENGINEER shall prepare and submit plans and specifications at the 90 percent level of completion in accordance with Exhibit A. 2.6 90% Pre -Final Review Meeting The ENGINEER shall attend a half-day submittal review workshop with OWNER staff for the 90% design submittal to the OWNER in accordance with Exhibit A. 2.7 Final Deliverable — Plans & Specification Package ENGINEER will assimilate all final review comments and upon approval by the Director EXHIBIT "A-1" Page 2 of 7 of Engineering Services, provide one (1) set of the final plans and contract documents in accordance with Exhibit A. 2.8 QA/QC ENGINEER will provide Quality Assurance/Quality Control (QA/QC) measures in accordance with Exhibit A. 3.0 Bid Phase 3.1 Pre -Bid Conference ENGINEER will assist OWNER in conducting a Pre -Bid Conference to review the details of the project and solicit questions regarding the Bid Documents. ENGINEER will document the conference in writing within 5 working days. 3.2 Addenda Preparation and Response ENGI NEER will answer OWNER and Contractor questions, develop written responses in the form of Contract Addenda, provide (1) set of any required addenda for distribution to Bidders. 3.3 Bidding Coordination ENGINEER will assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. 3.4 Bid Evaluation and Recommendation of Award The ENGINEER will tabulate and review all bids received for compliance with the requirements of the bid documents, including addenda. After consultation with OWNER, the team will prepare a written award recommendation based on this review and knowledge of proposed contractors' and subcontractors' past performance records. 4.0 Construction Phase 4.1 Pre -Construction Meeting Attend in accordance with Exhibit A. 4.2 Change Orders, RFIs, Clarifications and Pay Requests The ENGINEER shall review and respond in writing to RFIs for those elements of the Project designed by the ENGINEER. Questions and concerns that arise during construction shall be documented using the Request for Information (RFI) format. Design team members shall provide oversight in each discipline to ensure that the decisions made in design are incorporated in the responses to RFIs generated during construction. ENGINEER will maintain an RFI log showing dates of submittal, transmittal action to other sub -consultants, dates of return, and a summary of the response. Copies of the log will be furnished to the OWNER and the Contractor monthly. EXHIBIT "A-1" Page 3 of 7 ENGINEER will review cost and time estimates for change orders and for Contractor's claims for additional cost or compensation due to differing site conditions, force majeure, material or equipment shortages, or other causes. ENGINEER will also provide an estimate of the additional Design Consultant costs (if any) that would be incurred as a result of the change order. ENGINEER will evaluate Contractor's claims to determine whether they are justified under the Contract and will review Contractor's proposals for additional compensation, credits, and/or time relating to changes or claims. ENGINEER will make recommendations to the City's Project Manager on the amount of additional compensation, credit, or time extension due to the Contractor. In addition, ENGINEER will clarify matters and work to resolve discrepancies with the Contractor. ENGINEER, with other Project Team members, will perform necessary design revisions in connection with change orders to reflect modifications requested by the City, or as required by unforeseen conditions. Coordination of the resulting change order requests and any additional Design Consultant research and design efforts, up to a maximum number of hours as shown in the fee schedule, are included in this scope. ENGINEER, with input from other Project Team members, will consider and evaluate Contractor's suggestions for changes in the Contract Drawings or Specifications and respond as appropriate or as required by the Contract Documents. ENGINEER will coordinate with the City and provide recommendations pertaining to the suggested design modifications. ENGINEER, with other Project Team members, will also perform necessary design revisions authorized by the City in connection with change orders to reflect modifications requested by the Contractor and will perform services in evaluating substitutions proposed by Contractor. Coordination of the resulting change order requests and any additional Design Consultant research and design efforts, up to a maximum number of hours as shown in the fee schedule, are included in this scope. 4.3 Submittal Review and Response ENGINEER will receive, log and distribute for review and approval the submittals, shop drawings, samples, test results, operations and maintenance manuals, and other data that Contractor is required to submit. ENGINEER will distribute and file the submittals after review action has been taken. ENGINEER will follow-up to verify that revisions are made and resubmitted as required and will verify that such required submittals are received and approved prior to installation or payment for the materials covered. ENGINEER will also perform a review of the schedule of shop drawing submissions and schedule of values prepared by Contractor and will discuss status of the submittals at construction progress meetings. ENGINEER will be responsible for completing the submittal reviews within 15 business days and for monitoring the status and timeliness of responses. ENGINEER will maintain a submittal log showing dates of submittal, transmittal action to other sub -consultants, dates of return and review action. Copies of the log will be furnished to the OWNER and the Contractor monthly. ENGINEER will also evaluate the Contractor's request for substitutions. Submittal review efforts are based on a EXHIBIT "A-1" Page 4 of 7 maximum of two (2) reviews per submittal and that no more than fifty percent (50%) of the total number of first submittal will require two (2) reviews. 4.4 Site Visits ENGINEER will make regular visits (two per month for the duration of construction and startup) to the site to observe the general progress and quality of construction for those elements of the Project designed by the ENGINEER, and to confer with OWNER's on- site staff. 4.5 Record Drawings ENGINEER will prepare and deliver to the City record drawings of the constructed work both in hard copy and complete electronic files for the project in AutoCAD and PDF. Record drawing information will be obtained from redlined drawings prepared by the Contractor and will be prepared in accordance with Exhibit A for those elements of the Project designed by the ENGINEER. B. ADDITIONAL SERVICES 1.0 Permitting ENGINEER will prepare required permits in accordance with Exhibit A. 2.0 Right -of -Way (ROW) Acquisition Survey The A/E will review existing ROW and easements to ascertain any conflicts and provide field ROW surveys and submit ROW plats and descriptions for the City's use in the acquisition process. 3.0 Topographic Survey Upon completion of the Preliminary Design and subsequent site selection and land acquisition, topographic surveys shall be performed at both new tank locations and the four existing tank locations to begin plan preparation. Engineer will provide field surveys, as required for design, including the necessary control points, coordinates and elevations of points (as required for the aerial mapping of the Project area - aerial photography to be provided by City). Base survey controls must be established for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). 4.0 Environmental Issues A Phase 1 Environmental Site Assessment shall be performed at the proposed Starry Road tank location, which consists of records review, site visits, determination of environmental concerns, and permit identification. Engineer will: a. Provide environmental site evaluations and Archeology Reports that are needed for the Project. b. Identify and develop a scope of work for any testing, handling, and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. EXHIBIT "A-1" Page 5 of 7 A Phase 2 Environmental Site Assessment shall be performed at the proposed Nueces Bay tank location due to several recognized environmental concerns in the area including contaminated soil and groundwater. In addition to the requirement of a Phase 1 Environmental Site Assessment, a Phase 2 Environmental Site Assessment includes the collecting of soil samples to screen for chemical and/or metal contamination. 5.0 Public Involvement (TBD) 6.0 Subsurface Utility Investigation (TBD) 7.0 Construction Observation Services (TBD) 8.0 Warranty Phase ENGINEER will complete Warranty Phase services in accordance with Exhibit A. 9.0 Start-up Services Provide on-site services and verification for all start-up procedures during actual start- up of major Project components, systems, and related appurtenances if needed and required. 10.0 Provide SCADA Documentation Provide standardized SCADA documentation, which will include PFDs, P&IDs, loop sheets, logics, SCADA architecture, DCS 1/0 lists, instrument lists, tie-in lists, piping lists, equipment lists, and instrumentation specification sheets. 11.0 Project Manual (TBD) 12.0 O&M Manuals & Training a. Provide workshop to identify all required manuals and training. b. Coordinate overall system training and submit training material to City for pre - review prior to training classes. c. Ensure that the Owner is in possession of all Manuals and has received all specified training prior to placing the finished product in service. 13.0 Process Automation System Development Engineer will provide the following services in addition to the required SCADA documentation (as listed in Exhibit A-1 of the original Large A/E Contract executed and dated February 19, 2009): a. Provide Engineering Services to solicit from the Owner and document User Requirements Specifications (URS) for the Process Automation. b. Provide Engineering Services to develop Detailed Functional Specification (DFS) and Sequence of Operation (SOO), based on User Requirements. EXHIBIT "A-1" Page 6 of 7 c. Provide Engineering Services to determine and specify all control system configuration parameters, such as PID parameters, setpoints, and alarm levels required to achieve correct operation, alarming, and emergency notification and response of the automated control system. These Engineering Services shall also specify parameters for new pumps and equipment, as well as modifications to control system parameters for existing equipment. d. Provide Engineering Services to develop Integration, Verification, and Validation (IV&V) documentation. Develop phased testing and acceptance plan for the new control system. Develop all required testing scenarios, checklists, acceptance and sign -off documentation, installations and cutover sequence, and other quality control and acceptance documentation to be used by the contractor. e. Provide Engineering Services to develop drawings and specifications required by the contractor to deliver a functional, integrated Process Automation System. f. Provide Engineering Services to coordinate, attend and witness acceptance tests, start-up and commissioning. Determine whether the supplied system meets the requirements and recommend acceptance to Owner. g. Upon successful start-up and commissioning, update DFS and SOO, if required, and submit to Owner with As -Built documentation. EXHIBIT "A-1" Page 7 of 7 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 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 07127100 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 B EXHIBIT "C" Insurance Requirements Pre -Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) (Defense costs shall be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. SUPPLIER NUMBER TO BE ASSIGNED BY C1TY-- _ = PURCHASING DIVISION City off . CITY OF CORPUS CHRISTI City 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: LNV, Inc. P. O. BOX: STREET ADDRESS: 801 Navigation, Suite 300 CITY: Corpus Christi ZIP: 78408 FIRM IS: 1, Corporation® 2. Partnership ❑ 3. Sole Owner El 4_ Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name 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 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. Leye_ndecker, (Type or Print) Signature of Certifying Person: EFINITIONS Title: President Date: 4112-/ 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. Engineering Elevated Water Storage Tanks - Citywide (Alternative Capacity Requirement Implementation) Council Presentation September 20, 2016 Project Vicinity Tierra Grande Pelronila Starry EST (2.5 MG) Elevated Water Storage Tanks Citywide MustarJ Isiandi Corpus CF r sti Engineering 2 Project Map Corpus CYrr sti Engineering 110, Yorktown Blvd. 410 ct L. Starry EST (2.5 MG) 3 Alternative Capacity Requirement (ACR) Implementation Plan - TCEQ .Engir;;. ceeril�r� =�1-� ➢ Texas Administrative Code (30 TAC) requirement : 100 gal/connection for water system; ➢ Currently 24 gal/connection for City; ➢ ACR Plan approved by TCEQ (2012 ): 50 gal/connection; 4 phases of construction in 9 years. • Phase 1: Emergency power generators (Under Design*) • Phase 2: Installation of ESTs at Holly RD and Rand Morgan St. (Construction ) • Phase 3: Installation of the fourth EST at Starry RD. (This Project for Design) • Phase 4: Installation of the third EST at Nueces Bay Blvd. (This Project for Design) ACR Implementation Plan 12-13 13-14 14-15 15-16 16-17 17-18 18-19 19- 20 20-21 Phase 1 Navigation and Statples Generators Design Construction Phase 2 Holly RD and Rand Morgan ESTs Land Acquisition Design Construction Phase 3 Starry RD EST Design Construction Phase 4 Nueces Bay Blvd. EST Land Acquisition Design Construction * Note: Phase 1 was delayed, and TCEQ agreed to complete before Phase 2. Project Scope Engineering This is the revised Phase 3 of ACR Implementation Plan for Elevated Storage Tank (EST) approved by TCEQ in 2012. The work includes: 1. Installation of 2.5 MG EST at the Starry Road on City -owned property; 2. Installation of 1.25 MG EST at the Nueces Bay Blvd on Flint Hills property; 3. Demolition of existing four ESTs at Morgan Ave., Gollihar Rd , Alameda St. , and Flour Bluff. Project Scope 2016 1 2017 2018 2019 2020 J A S 0 N D J F M A M J J A S 0 N D J F M Design A M J J A Bid & Award S 0 N D J F M A M J J A S 0 N D J F M A M J J A Construction Project Estimate: 1,480 Calendar Days = 50 Months Projected Schedule reflects City Council award in June 2016 with anticipated completion in August 2020. Future Rand Morgan EST City of Corpus Christi Water System Pressure Zone Map Future Nueces Bay EST Legend Pressure Zone 1 Pressure Zone 2 Future Holly EST Future Starry EST Existing Coral Vines EST CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 12016-62057 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 Date Filed: 05/26/2016 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 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. Elevated Water Storage Tanks Professional engineering, architectural, and/or surveying services 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling I Intermediary Leyendecker, Dan Corpus Christi , TX United States X Naiser, Derek San Antonio, TX United States X Viera, Robert Corpus Christi, TX United States X Trejo, Eric 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. TANYA LACHELLE SWAILS Notary Public, State of Texas Expires 03-30-2020 Comm. Notary ID 11712738 Signature of authorized agen f contracti business entity AFFIX NOTARY STAMP / SEAL ABOVE Swo 0 and subscribed before me, by the said F.. �- this the day of 20 9 , to certify which, witness my hand and seal of office. • ��AiI6)YqZ�taa�� SignatureT4/adgdmi ring oath Printed name of officer inistering oath Title of officer administering oa orms Drovided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 gyvs w 0 AGENDA MEMORANDUM NCORPORPtE Future Item for the City Council Meeting of September 20, 2016 1852 Action Item for the City Council Meeting of September 27, 2016 DATE: September 12, 2016 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 FROM CAPTION: Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Andy Leal, P.E., Interim Director of Street Operations andyl@cctexas.com (361) 826-1957 Engineering Services Street Preventative Maintenance Program (SPMP) FY 2016-2017 Motion authorizing the City Manager, or designee, to execute a construction materials testing agreement with Rock Engineering of Corpus Christi, Texas for $98,035 and professional services contract with LNV, Inc. of Corpus Christi, Texas in the amount of $676,269 for 2016 and 2017 projects in the Citywide Street Preventative Maintenance Program. (SPMP) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute professional services for preparation of the Delivery Orders with LNV, Inc. for SPMP 2017 and a construction materials testing agreement for ongoing construction under SPMP 2016. BACKGROUND AND FINDINGS: This project is the continuation of the City Council approved 10 -year street maintenance program with an annual $15M budget for citywide Street Preventative Maintenance Program (SPMP) funded in part by the approved street maintenance fee. The program is entering the 4th year (FY 2017) for design phase with the third year of construction ongoing for 2016. This item provides the engineering contract to prepare the Delivery Orders (DO's) for the 2017 program and the construction material testing for ongoing 2016 construction. To date, over 400 streets received seal coats or overlays. A program update is planned for presentation to City Council in November with the 2017 work plan and the award of the overlay construction contracts. The previous overlay construction contract was developed as one large construction contract that was awarded and being successfully completed by Haas Anderson Contracting (HAC). However, future years are planned for rebid in October 2016 with two contracts with specific areas (east and west) to increase competition and opportunities for small contractors like the seal coat project. The seal coat project was rebid in early 2016 with three individual contracts with defined areas (east, west and central) to increase competition and to improve construction capacity. Each of the three seal coat contracts is proceeding with a dedicated crew in each area to complete the work simultaneously thus reducing the overall construction duration for each program year. This engineering services item includes the consultant to prepare Delivery Orders (DO's) on the 2017 program for overlays and seal coats for selected arterial, collector and local (residential) streets. The preparation of the DO's requires Multiple "Delivery Orders" (DO's) for each 1 of the 5 contracts for a total of approximately 20 DO's. The consultant engineer will conduct multiple site visits and meetings with both the City and the successful contractor to develop detailed site specific scope and quantities for each street within each DO to implement the approved street work -plan throughout the City. The contractor's bid prices will be used for each item. Each DO requires the following minimum documentation: 1. A short narrative of the expected work for each street 2. A complete listing of included streets with pertinent data on a street by street basis. 3. Cost data utilizing unit bid price matrix. 4. Aerial photo plans, depicting limits of construction, areas of pavement repair, and any items required that are included in the unit price bids. 5. Any additional information that may assist the Contractor during construction. This agenda item also include the construction material testing agreement for on-going 2016 seal coat and overlay projects. ALTERNATIVES: 1. Authorize execution of an engineering design contract and a construction materials testing agreement. 2. Do not authorize execution of an engineering design contract and a construction materials testing agreement. (Not Recommended) OTHER CONSIDERATIONS: LNV, Inc. is the design engineer that was selected for this project under RFQ 2014-08. Rock Engineering was selected under the same RFQ for geotechnical investigations and material testing. CONFORMITY TO CITY POLICY: This contract complies with City policy regarding Professional Service Contracts and financial policies. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year Project to Date 2015-2016 Expenditures Current Year Future Years TOTALS Budget $49,760 $774,304 $15,250,221 $16,074,285 Encumbered / 49,760 0 49,760 Expended Amount This item 676,269 676,269 This item 98,035 98,035 Future Anticipated Expenditures This 14,538,410 14,538,410 Project BALANCE $0 $0 $711,811 $711,811 Fund(s): Comments: N/A RECOMMENDATION: City staff recommends professional services contract with LNV, Inc. in the amount of $676,269 for the Street Preventative Maintenance Program 2017 FY 2016-2017 and for the construction materials testing agreement with Rock Engineering for 2016 program. LIST OF SUPPORTING DOCUMENTS: Project Budget Engineering Design Contract Construction Materials Testing Agreement Form 1295 PROJECT BUDGET ESTIMATE E16261 STREET PREVENTATIVE MAINTENANCE PROGRAM 2017 (YEAR 4) FY 2016-2017 PROJECT FUNDS AVAILABLE: Street Operating Budget FY 2017...................................................................... $ 15,299,981 Street Operating Budget FY 2016...................................................................... 774,304 TOTAL......................................................................................................... $ 16,074,285 FUNDS REQUIRED: Construction: Construction (estimate) Sealcoat....................................................................... 3,450,000 Construction (estimate) Overlay......................................................................... 10,350,000 Contingency(0%)........................................................................................... - Desian Fees Work Plan Preparation(LNV)............................................................................ 49,760 Preliminary Design(LNV)................................................................................. 36,910 Total Contracts This Agenda.......................................................................... 774,304 Engineering Service Contract (LNV).... THIS ITEM ... (2017)........... 676,269.00 Testing Agreement (Rock) ... This ITEM ... (2016) ........................... 98,035.00 Geotechnical Inspection (Estimate).................................................................. 49,000 Testina and Inspection Construction Materials Testing - Overlay (Estimate) .............................................. 100,000 Construction Inspection (estimate)..................................................................... 276,000 Reimbursements: Contract Administration (Engineering/Finance/Capital Budget) ................................. 138,000 Engineering Services (Project Mgt/Constr Mgt) ..................................................... 138,000 Misc. (Printing, Advertising, etc.)....................................................................... 500 TOTAL......................................................................................................... $ 15,362,474 * ESTIMATED PROJECT BUDGET BALANCE .................................................... $ 711,811 * To be used for Development of SPMP 2018 Work Plan & Delivery Orders CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT Street Preventative Maintenance Program Year 4 FY 2016-2017 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 LNV, Inc., a Texas corporation, 801 Navigation, Suite 200, Corpus Christi, Nueces County, Texas 78408, (Consultant), hereby agree as follows: ARTICLE NO. TITLE ARTICLE 1 ARTICLE 11 ARTICLE III ARTICLE IV ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIII ARTICLE IX ARTICLE X ARTICLE XI ARTICLE XII ARTICLE XIII EXHIBITS TABLE OF CONTENTS PAGE SCOPE OF SERVICES..................................................................2 QUALITY CONTROL...................................................................... 2 COMPENSATION........................................................................... 3 TIME AND PERIOD OF SERVICE .................................................. 4 OPINIONS OF COST...................................................................... 5 INSURANCE REQUIREMENTS..................................................... 5 INDEMNIFICATION........................................................................ 5 TERMINATION OF AGREEMENT..................................................6 RIGHT OF REVIEW AND AUDIT ................................................... 6 OWNER REMEDIES.......................................................................7 CONSULTANT REMEDIES............................................................ 8 CLAIMS AND DISPUTE RESOLUTION ......................................... 8 MISCELLANEOUS PROVISIONS .................................................. 9 Page 1 Rev 07116 KIENGINEERING DATAEXCHANGEINNGIEMISTREEM16261 SPMP YEAR 4%DESIGN LNV12016 0718 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 control/constructability 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 KIENGINEERING DATAEXCHANGEMGIEM%STREErE16261 SPMP YEAR ODESIGN LNV12016 0718 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 $676,269, for a restated fee not to exceed $726,029. 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 07116 K%ENGINEERING OATAEXCHANGE% iNGIEM%STREET%E16261 SPMP YEAR 41DESIGN LNW016 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 reasbn 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). 4.2 _ 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 K%ENGINEERING OATAEXCHANGEIANGIEMISTREETIE16261 SPMP YEAR 41DESIGN LNVI2016 0716 CONTRACT PROFESSIONAL SERVICES OOC 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 contractor's 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 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. Page 5 Rev 07/16 KIENGINEERING DATAEXCNANGEWNGIEM%STREME16261 SPMP YEAR 41DESIGN LNVU016 0716 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 0716 KIENGINEERING DATAEXCHANGEV NGIEMISTREE nE16261 SPMP YEAR 41DESIGN LNVV2016 0718 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 07/16 MENGINEERING DATAEXCHANGEVANGIEM%STREEl1E16261 SPMP YEAR 41DESIGN LNV12016 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. Page 8 Rev 07/16 K%ENGINEERING DATAEXCHANGEVWGIEMISTREErE16261 SPMP YEAR 41DESIGN LNV12016 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 less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article 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 Assionability. 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 MENGINEERING OATAEXCHANGEIANGIEMISTREET1E16261 SPMP YEAR 03ESIGN I.W2016 0718 CONTRACT PROFESS ONAL 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 concerning 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:/lwww.ethics.state.tK.us/whatsnewlelf 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 hftps:/Iwww.ethics.state.tx.us/legal/ch46.html. 13.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosurefindex. 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 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. Page 10 Rev 07116 MENGINEERING DATAEXCHANGEVWGIEMISTREET%E16261 SPMP YEAR 4%DESIGN LNV(2016 0718 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 J.H. Edmonds, P. E. Director of Engineering Services RECOMMENDED Date Operating Department Date APPROVED Office of Management Date and Budget Assistant City Attorney Date ATTEST City Secretary Date LNV, INC. tan—S. eyen r, P.E. Date Preside O 801 Navigation, Suite 200 Corpus Christi, TX 78408 (361) 883-1984 Office (361) 883-1986 Fax Page 11 Rev 07116 K%ENGINEERING DATAEXCHANGEWNGIEM%STREE7XE16261 SPMP YEAR 41DESIGN LNW2016 0718 CONTRACT PROFESSIONAL SERVICES DOC EXHIBIT A SCOPE OF SERVICES (Insert Proposal & Scope of Services from A/E) Contract for Professional Services Exhibit A LNV Solutions Today with a engineers I architects I surveyors Vision for Tomorrow September 9. 2016 J.H. Edmonds, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 Re: CITY OF CORPUS CHRISTI Amendment No.1-Street Preventative Maintenance Program (SPMP) Fiscal Year 2017 (Year 4) City Project No. E16261 LNV Proj. No. 160063 Dear Mr. Edmonds: Please allow this correspondence to serve as our formal proposal for our Contract Amendment No. 1 on the above referenced project. The Small A/E contract for this project provided for the Preliminary Work -Plan for overlays and seal coats. This contract amendment consists of the preparation and development of the necessary Indefinite Delivery/Indefinite Quantity (113110) construction delivery orders for City Wide Street Overlay and Sealcoat program to support Fiscal Year 2017 (Year 4). It is our understanding this is the base year of our contract with the option of two one-year options (Year 5 & 6). Project Description: The City of Corpus Christi, Texas, hereinafter called "City", and LNV, Inc., hereinafter called "Engineer", agrees to the following contract for engineering and consulting services to perform tasks related to submitting the street IDIQ construction delivery orders for overlays and seal coats on the above referenced project. These delivery orders are for Fiscal Year 2017 (Year 4 of the program). This project is a continuation of the Citywide IDIQ program for the SPMP. This project provides for the selection of candidate streets that involves assessment of the overall street condition Including; pavement condition, curb and gutter, drainage, and ADA requirements to prepare the Annual Work Plan and Delivery Orders for Street Overlays and Seal Coats. Delivery Orders will consist of detailed information for location, work items, scope and quantities. This fee proposal is based off of a time and materials basis and it is our understanding the budget for this project is as follows: Construction Budget for Street Overlays SPMP Year 4 $10,000,000.00 Construction Budget for Seal Coats SPMP Year 4 $ 4,000.000.00 Total Construction Budget SPMP Year 4 $14,000,000.00 AMENDMENT NO.1 Pape 1 of 4 BOl NAVIGATION I SUITE 200 I CORPUS CHRISTI, TEXAS 78408 OFFICE 3GL8831984 Fax 3618931986 I WWW.WVMIC.COM Scope of Services: Construction Phase - Delivery Order Preparation It is anticipated that there will be a total of 20 Delivery Orders (DO's) issued for this project. The A/E will perform contract administration to include the following: 1. Perform site visits and field investigations to ascertain areas requiring pre -paving repairs or modifications, concrete construction or other items contained in the unit bid price contracts. 2. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the DO's 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. 3. Review the geotechnical investigation for the streets included in the DO's. 4. Coordinate work with the ADA and Miscellaneous Concrete IDIQ Contracts that may exist, If required. 5. Prepare draft delivery orders for issuance to the Contractors. The delivery orders shall incorporate City GIS to allow City staff to load appropriately into data bases. The delivery orders will include: a. A short narrative of the expected work for each street. b. A complete listing of included streets with pertinent data in tabular form. c. Cost data utilizing unit bid price matrix. d. Aerial photo plans (11" x 17'), depicting limits of construction, areas of pavement repair/replacement, areas of concrete repair/replacement, boring locations and descriptions and any items required that are included in the unit price bids. Typical cross sections (in some areas) as necessary may be required. e. Any additional information that may assist the Contractor during construction. 6. Submit the draft delivery orders to City Staff and make field visits with staff and contractor to fully review the proposed scope, costs and other ancillary items. 7. Make changes as derived from City Staff reviews and submit the final delivery orders for approval. S. Meet with Contractors and City Inspection personnel to review delivery orders and ensure coordination before commencing construction. 9. Issue delivery order(s). 10. Coordinate scheduling of delivery order work with all involved City Departments. 11. Closely monitor public notification requirements and ensure contractor compliance. 12. Review field and laboratory tests. 13. 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. 14. Coordinate and provide field engineering for DO's during construction to include witnessing exposed subgrade and base to confirm recommended improvements: a. Exposed base and subgrade for sidewalks, driveways, and curb and gutter; b. Base and subgrade proof rolling; c. Minor utility improvements for storm water inlets, adjustments to valve boxes and manhole rings and covers; d. ADA field work; S. Bus stops; AMENDMENT N0.1 Page 2 of 4 f. Landscaping and Irrigation system assessments; and g. Other pedestrian improvements 15. Prepare change orders as authorized by the City (coordinate with the City's construction division). 16. Make pre -final and final inspection with City Staff and provide the City with a Certificate of Completion for the project. 17. Prepare record drawings of construction as completed in exhibitischematic format. The City staff will perform the following tasks: 1. Prepare applications/estimates for payments to contractor 2. Conduct the final acceptance inspection with the Engineer. 3. Designate an individual to have responsibility, authority and control for coordinating activities for the construction phase. 4. Provide geotechnical information Permittina The A/E will prepare and submit identified permits as applicable to the following authorities, including: 1. Texas Department of Licensing and Regulation (TDLR) Warranty Phase During the warranty phase, the A/E will perform the following tasks: 1. Prepare a list of all sites completed at the end of a 12 -month period for the City and recommend acceptance of the sites and commencement of warranty period. 2. Provide a warranty inspection of all sites toward the end of the 12 -month period and generate a warranty items punch list. The Warranty Phase allowance is based on one (1) 12 -month warranty period. During the warranty Inspections, the A/E will note defects that require action from the contractor to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. The A/E will also document the condition and prepare a report for the City staff of the locations and conditions requiring action, along with its recommendation for the method or action to best correct defective conditions and submit to City Staff. AMENDMENT N0.1 Page 3 of 4 Schedule: The project is scheduled to be completed within twelve (12) months of Notice -To -Proceed. It is anticipated that twenty (20) delivery orders will be issued for this project. Fees: The services will be provided on a Time and Materials (T&M) basis for the total not -to -exceed amount shown in the table below. The Engineer will perform the above listed Scope of Work items on an hourly basis in accordance with the attached LNV Rate Schedule. Any additional work not listed in the above Scope of Work will also be performed as an Additional Service in accordance with the attached LNV Rate Schedule. If you have any questions or if you would like to discuss in more detail, please feel free to call me at 361-883-1984. Sincerely, LNV, Inc. TBPE Firm No. F-366 fe-- Dan S. Leyendecker, P.E. President 1 CEO Attachment LNV 2015 Rate Schedule AMENDMENT NO.1 Pepe 4 of 4 FEE SUMMARY TABLE NOT TO EXCEED CONTRACT AMOUNT LNV RATE SCHEDULE ITEM a DESCRIPTION FEE Basic Services Construction Phase-DO's • Fee based on a Time & Materials Basis in accordance $658,269.00 with LNV Rate Schedule. e Not to exceed 5.5% of the Total Construction Budget referenced above. Additional Services Allowance Permit Preparation As authorized based on a Time & Materials Basis and not- $10,000.00 to -exceed amount. Warranty Phase $8,000.00 TOTAL $676,269.00 If you have any questions or if you would like to discuss in more detail, please feel free to call me at 361-883-1984. Sincerely, LNV, Inc. TBPE Firm No. F-366 fe-- Dan S. Leyendecker, P.E. President 1 CEO Attachment LNV 2015 Rate Schedule AMENDMENT NO.1 Pepe 4 of 4 EXHIBIT B SAMPLE PAYMENT REQUEST FORM Sample form for COMPLETE PROJECT NAME Payment Request Reared 0727100 Project No. XXXX Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Basic Services: Contract Amid No. 1 Amid No. 2 Contract Invoiced Invoice Invoice Complete Preliminary Phase Design Phase Bid Phase Constriction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O 8 M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees $1,000 $0 $0 $1,000 s0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1.000 500 1.500 50% Soo 0 250 750 0 0 0 0°/4 2,500 0 1,000 3,500 0 0 0 096 $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 300,6 $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 0 096 TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 096 TBD TBD TBD TBD TBD TBD TBD 096 $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6.000 $1,000 $1.250 $9,250 $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 $3,000 2396 Contract for Professional Services Exhibit 8 EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE($/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 8-1 LNV engineers architects contractors SCHEDULE OF HOURLY CHARGES BY PERSONNEL CLASSIFICATION EFFECTIVE JANUARY 1, 2095 Solutions Today with a Vision for Tomorrow The per diem and miscellaneous expense charges for Engineering, Architecture, Drafting, Surveying, and Planning Services are based on the following hourly rates: Engineering. Planning; Principal............................................................................................................................ $195.00/hr. ProjectManager.................................................................................................................. $190.00/hr. SeniorEngineer.................................................................................................................. $175.00/hr. ProjectEngineer II............................................................................................................... $165.00/hr. ProjectEngineer I............................................................................................................... $150.001hr. ProjectArchitect.................................................................................................................. $150.001hr. SeniorDesigner.................................................................................................................. $135.00/hr. EngineerIV........................................................................................................................ $120.001hr. EngineerIII........................................................................................................................ $115.00/hr. EngineerII......................................................................................................................... $105.001hr. EngineerI.......................................................................................................................... $ 95.00/hr. Designer............................................................................................................................ $105.00/hr. SeniorCADD Technician...................................................................................................... $ 90.001hr. CADDTechnician................................................................................................................ $ 80.00/hr. Construction Superintendent.................................................................................................. $106.00/hr. Construction Observer II....................................................................................................... $106.001hr. ConstructionObserver I........................................................................................................ $ 80.00/hr. SeniorEnvironmental Scientist.................................................................................................................... $150.00/hr. ProfessionalGeosciendst............................................................................................................................ $130.00/hr. Environmental Scientist....................................................................................................... $120.00/hr. EnvironmentalTechnician...................................................................................................... $ 95.00/hr. SafetyProfessional.............................................................................................................. $ 95.00/hr. Clerical.............................................................................................................................. $ 65.00/hr. ,Survey ProfessionalSurveyor........................................................................................................... $165.00/hr. Directorof Survey Parties...................................................................................................... $100.00/hr. FieldCrew (2-Man)............................................................................................................... $175.00/hr. FieldCrew (3-Man)............................................................................................................... $220.00/hr. Reproduction work - Prevailing commercial rates; Subcontractors, Consultants, etc. - Cost plus 10%; All other expenses - Cost plus 10%. Charges are due and payable within twenty (20) days after receipt of the invoice. Late payment may be charged an interest rate of 1.5% per month of the unpaid balance. 841 NAVIGATION I SUITE 300 1 CORPUS CHRISTI, TEXAS 78408 OFFICE 361.8831984 1 FAX 361.8831486 1 WWW.LNVINC.COM RCV201S EXHIBIT C INSURANCE REQUIREMENTS Contract for Professional Services Exhibit C el 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, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Rev 07 16 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. Rev 07 16 EXHIBIT D DISCLOSURE OF INTEREST Contract for Professional Services Exhibit D TOPBER NUMBER ASSIGNED BYLIf y _ PURCHASING DIVISION CITY OF CORPUS CHRISTI City us DISCLOSURE OF INTEREST cor Christi risti City of Corpus Christi Ordinance 1711 l as amended, requires all persons or firms seeking to do business with the City to provide the Olowing information. Every questionmust be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and defirutions. COMPANY NAME: LNV, Inc. P. O. BOX: STREET ADDRESS: 801 Navigation, Suite 300 CITY: Corpus Christi ZIP: 78408 FIRM IS: t. Corporation ® 2. Partnership❑ 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an `ownership interest" constituting 3% or more of the ownership in the above named "firm.' Nam A Job Title and City Department (if known) 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3'x'0 or more of the ownership in the above named "fail." 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 r 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: Dan S. Le fr"m ar Prlaq Signature of Certifying Person: EFINITIONS Title: President Date: 4112,/l� a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entitics which for purposes of taxation are treated as non-profit organizations. C. "Official:' The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. E "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terns 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 E CERTIFICATE OF INTERESTED PARTIES (FORM 1295) Contract for Professional Services Exhibit E CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos 1.4 and 6 d there are Interested parties. OFFICE USE ONLY Complete Nos 1, 2, 3, 5, and 6 if there are no Interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-110285 LNV, Inc. Corpus Christi, TX United States Date Filed: 0910912016 2 Name of governmental endty or state agency that being filed. is a party to the contract far which the form is City of Corpus Christi, Texas 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. E16261 SPMP Yr 4 Fiscal Yr'17 Professional engineering, architectural and/or surveying services. 4 Name of Interested Parry City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Leyendecker, Dan Corpus Christi, TX United States X Nalser, Derek San Antonio, TX United States X Viera, Robert Corpus Christi, TX United States X Trejo, Eric Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. 6 AFFIDAVIT 1 swear, or affirm, under ty of perjury t the above disclosure is true and correct p.;►::l RODRIGUEZ JESSICA yPublic. Nota Public. 51afe of Texas y: ` My Commission Explres August 19, 2019 r nature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Swo n to and subscribed before me, by the said L4WQi— M - V ti , this the day of ll�� , 20, to certify which, witness my hand and seal of office. - I— F�P t IV'�ES (. NVWfi*- -un Mof officer administe ' g o Printed name of officer administering oath Title of officer administering oath Forms provide -"y Texas Ethics Commission www.ethfcs.state.tx.us Version V1.0.277 f *3:II I IJ 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 Article2 — 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 Article8 — Other Work at the Site...............................................................................................................11 Article9 — 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 Article12 — 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 Article18 —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. S. 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. 09601 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.; The Clean Water Act, 33 U.S.C. 01251 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: 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. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 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 Des�r'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. D se inner 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. Desi ner'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 Desiener'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 CERTIFICATE 4F INTERESTED PARTIES FORM 1295 iotl Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 12016-110285 I 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 Date Filed: 09109/2016 2 Name of governmental entity or state agency that is a party tot the contract for which the form is being filed. City of Corpus Christi, Texas Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identity the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16261 SPMP Yr 4 Fiscal Yr'17 Professional engineering, architectural, and/or surveying services. 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling I Intermediary Leyendecker, pan Corpus Christi, TX United States X Naiser, Derek San Antonio, TX United States X Viera, Robert Corpus Christi, TX United States X Trejo, Eric Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. t the above disclosure is true and correct. 6 AFFIDAVIT I swear, or affirm, under p Ity of per71" JESSICA RODRIGUEZ } � 1 Notary Public. State of texas My Commission Expires IF ''1?oa`:•`" August 19. 2019 nature of authorized agent of contracting business entity AFFIX NOTARY STAMP 1 SEAL ABOVE 5wo n to and subscribed before me, by the saidLr M- MVA _ , this the day ofjZMiL't1— , 20, to certify which, witness my hand and seal of office. ES4 �OWtn�� L��Wyhv� � Sign tof officer admiiniste t g o t Printed name of officer administering oath Title of officer administering oath Forms proviclea-by Texas Ethics Commission www.etnics.state.tx.us Version V1.0.277 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONSTRUCTION MATERIALS TESTING The City of Corpus Christi, Texas, a Texas home -rule municipal corporation ('City") and Rock Engineering & Testing Laboratory, Inc. ("Consultant"), agree to the following amendments to the Contract for Professional Services for Citywide Street Preventative Maintenance Program Year 3 (Project No. E15140): Original Contract Aril 5, 2016 1 Administrative Approval 1 $49,713.00 In the Original Contract, Exhibit "A", Scope of Services shall be amended as set forth in the attached Amendment No. 1, Exhibit "A". In the Original Contract, Fees shall be amended based on the modified scope of services in the attached Amendment No. 1, Exhibit "A" for a fee not to exceed $98,036.00, for a total restated fee not to exceed $147,748.00. All other terms and conditions of the April 5, 2016 Construction Materials Testing 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 ROCK ENGINEERING &TESTING LABORATORY, INC. J.H. Edmonds, P.E. Date Director of Engineering Servicers RECOMMENDED Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date APPROVED Office of Management Date and Budget ATTEST City Secretary Date Curtis A. Rock Chief Operating Officer 6817 Leopard Street Corpus Christi, TX 78409 (361) 883-4555 Office Project No. E15140 Accounting Unit: 1041-12415-051 Account: 530000 Activity: E15140011041 EXP Account Category: 30000 Fund Name: Street Fund Encumbrance No. Date KIENGINEERING DATAEXCHANGEWNGIEMISTREET%E15140 CITYWIDE STREET PREVENTATIVE MAINT PROG YEAR 3%CONSTRUCTION MATERIALS TESTING ROWAMENDMENT 1%20151001 AMENDMENT TO TESTING AGREEMENT.DOC REV. 1011115 Monday, June 06, 2016 City of Carpus Christi 1201 Leopard St Corpus Christi, TX 78401 Attn Jeffrey Edmonds, P.E. -GEOTECHNICAL ENGINEERING *CONSTRUCTION MATERIALS ENGINEERING TESTING *SOILS * ASPHALT* CONCRETE SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED El 5140 Citywide Street Preventative Maintenance Program (SPMP), Year 3, IDIQ - Amendment 1 Corpus Christi, TX R E T L Proposal Number: P021016C1 Dear Jeffrey Edmonds, P.E_ Rock Engineering and Testing Laboratory, Inc. (RETL) (TBPE Firm No. 2101) is pleased to be selected to perform the Construction Materials Testing for the above referenced project. The Construction Materials Testing for the proposed construction project is based upon quantities as derived from the Plans made available to RETL as of the date of this proposal. The estimated testing for this project is $98,035.00 We understand that we have been chosen to provide these services for this publicly funded project. Therefore, by providing cost information we are not in violation of the Texas Professional Services Procurement Act. The estimated construction materials testing budget is based on a review of the information provided to RETL. An estimated breakdown of field and laboratory testing required is included as an attachment. Please make note that the actual fees invoiced for this project will be based on the actual testing performed. The total fee assessed will be dependent on the contractor's construction techniques, number of trips made to the jjobsite, elapsed time from technician arrival to commencement of testing activities, and any time the technician is required to be on-site but not performing testing activities. Please be advised that weekend technician time will be invoiced portal to portal at an additional rate of $31.00 RETL appreciates your consideration of our firm to assist you during the construction phase of your project. If you agree with this proposal, please sign the attached Laboratory Testing Services Agreement, submit the Distribution List and provide billing information. Please do not hesitate to contact me at (361) 883-4555 extension 415 if you have any questions regarding the proposal or would like to discuss further. Sincerely, Pablo Schmitt Estimator Rock Engineering and Testing AMD. NO. 1 EXHIBIT "A" aae1 of6 Monday, June 06, 2016 Page 1 of 6 P021016C1 E15140 Citywide Street Preventative Maintenance Program (SPMP), Year 3, IDIQ - Amendment 1 City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. -------------- .......... --- -- -- 01. INVESTIGATIVE ANALYSIS DELIVERY ORDER 3 LIFTS/MIN QTYFREQ QTY RATE AMOUNT Al. SUBGRADE PI/LL and Molsture EA - i per each SY 63531 S310 ATTERBERG LIMITS/PLASTICITY INDEX 1 5532 MOISTURE CONTENT 1 A3. FLEX BASE Composite PI/LL EA - 1 per each SY 63531 5502 ATTERBERG LIMITS/PLASTICITY INDEX {with Agqreqoie} 1 52 52 ea $60.00 $3,120.00 52 52 eo $15.00 $780.00 31 31 ea $94.00 $2,914.00 F. LABJFIELD 52 Cores. Core through asphalt, base and hand auger 1 ft into subgrade SY 63531 5396 TECHNICIAN TIME 1 64 64 hr $62.00 $3,968.00 5486 VEHICLE 1 4 4 trip $45.00 $180.00 5486T TRAFFIC CONTROL 1 4 4 day $1,920.00 $7,680.00 01. INVESTIGATIVE ANALYSIS DELIVERY ORDER 3 SUBTOTAL $18,642.00 AMD. NO. 1 EXHIBIT "A" Paae 2 of 6 Monday, June 06, 2016 Page 2 of 6 P021€ 16C1 E15140 Citywide Street Preventative Maintenance Program (SPMP), Year 3, f+a IDIQ - Amendment 1 City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. -------- ...... ------ 01. _.. -- - 01. INVESTIGATIVE ANALYSIS DELIVERY ORDER 4 LIFTS/MIN QTYFREQ QTY RATE AMOUNT A1. SUBGRADE PI/LL and Moisture EA - I per each SY 72357 5310 ATTERBERG LIMITSIPLASTICITY INDEX I 5532 MOISTURE CONTENT 1 A3, FLEX BASE Composite PI/LL EA - 1 per each SY 72357 5502 ATTERBERG LIMITS/PLASTICITY INDEX (with Aggregate) 1 59 59 ea $60.00 $3,540.00 59 59 ea $15.00 $885.00 36 36 ea $94.00 $3,384.00 F. LAB/FIELD 59 Cores. Core through asphalt, base and hand auger 1 ft into subgrade SY 72357 5396 TECHNICIAN TIME 1 64 64 hr $62.00 $3,968.00 5486 VEHICLE 1 4 4 trip $45.00 $180.00 S486T TRAFFIC CONTROL 1 4 4 day $1,920.00 $7,680.00 Monday, June 06, 2016 01. INVESTIGATIVE ANALYSIS DELIVERY ORDER 4 SUBTOTAL $19,687,00 AMD. NO. 1 EXHIBIT "A" Page 3 of fi Page 3 of 6 t4 i' P021016C1 E15140 Citywide Street Preventative Maintenance Program (SPMP), Year 3, IDIQ - Amendment 1 City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 01. INVESTIGATIVE ANALYSIS DELIVERY ORDER 5 LIFTS/MIN QTYFREQ QTY RATE AMOUNT Ai. SUBGRADE PILL and Moisture EA - 1 per each SY 58469 5310 ATTERBERG LIMITS/PLASTICITY INDEX 5532 MOISTURE CONTENT Al FLEX BASE Composite PI/LL EA - I per each SY 58469 5502 ATTERBERG LIMITS/PLASTICITY INDEX (with Aggregale) 1 47 47 ea $60.00 $2,820.00 1 47 47 ea $15.00 $705.00 1 31 31 eo $94.00 $2,914.00 F. LAB/FIELD 47 Cores. Core through asphalt, base and hand auger 1 tl into subgrade SY 58469 S396 TECHNICIAN TIME 1 48 48 hr $62.00 $2,976.00 S486 VEHICLE 1 3 3 trip $45.00 $135.00 5486T TRAFFIC CONTROL 1 3 3 day $1,920.00 $5,760.00 01. INVESTIGATIVE ANALYSIS DELIVERY ORDER 5 SUBTOTAL $15,310.00 ............ 01. INVESTIGATIVE ANALYSIS REPORTS PREPARATION LIFTS/MIN QTYFREQ QTY RATE AMOUNT G. PERSONNEL LS - Lump Sum P101 SEALED ENGINEER REPORT I 1 1 Is $500.00 01. INVESTIGATIVE ANALYSIS REPORTS PREPARATION SUBTOTAL $500.00 $500.00 AMD. NO. 1 EXHIBIT "A" Paae 4 of 6 Monday, June 06, 2016 Page 4 of 6 M� P021016C1 °.+E15140 Citywide Street Preventative Maintenance Program (SPMP), Year 3, IDIQ - Amendment 1 City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. ------------------------------------------------------- ... 02. CMT SPMP ----- LIFTS/MIN - ----- QTYFREQ ----------- QTY - ---------------------------- RATE AMOUNT Al. SUBGRADE Existing Subgrade 5190 MATERIALS SAMPLING CHARGE 1 5 Sea $57.00 $285.00 5310 ATTERBERG LIMITS/PLASTICITY INDEX 1 5 Sea $60.00 $300.00 5510 PROCTOR - STANDARD ASTM D698 1 5 Sea $215.00 $1,075.00 5600 IN-PLACE DENSITIES (Min 3) 1 15 15 ea $44.00 $660.00 A3. FLEX BASE Crushed Limestone S190 MATERIALS SAMPLING CHARGE 1 6 6 ea $57.00 $342.00 5502 ATTERBERG LIMITS/PLASTICITY INDEX (wilh Aggregate) 1 6 6 ea $94.00 $564.00 5504 GRADATION Weve Analysis) 1 6 6 ea $94.00 $564-00 5522 PROCTOR - MODIFIED ASTM 131557 1 6 6 ea $253.00 $1,518.00 5546 WET BALL MILL 1 I I ea $321.00 $321.00 5548 LA ABRASION 1 I I ea $321.00 $321.00 5600 IN-PLACE DENSITIES (Min 31 1 162 162 ea $44.00 $7,128.00 B. ASPHALT HMAC Street Overlay S105 ASPHALT FULL SERIES 1 10 10 ea $635.00 $6,350.00 S200 ROLLING PATTERN 1 8 8 hr $70.00 $560.00 $202 ASPHALT CORED IN-PLACE DENSITY 1 35 35 ea $99.00 $3,465.00 CI. CONCRETE Curb & Gutter S301 CONCRETE CYLINDERS (4" X 6'i (Min 4) 4 6 24 ea $44.00 $1,056.00 5399 CONCRETE CYLINDERS PICK UP FEE 1 6 6 pour $43.00 $258.00 5600 IN-PLACE DENSITIES (Min 3) 1 18 18 ea $44.00 $792.00 Driveways 5301 CONCRETE CYLINDERS (4" x 8") (Min 4) 4 9 36 ea $44.00 $1,584.00 5399 CONCRETE CYLINDERS PkCK UP FEE 1 9 9 pour $43.00 $387.00 Manholes AMD. NO. 1 S301 CONCRETE CYLINDERS (4" x 8"') (Min 41 4 15 60 ea $44.00 EX•{..413a.0�V' 5399 CONCRETE CYLINDERS PICK UP FEE 1 15 15 pour $43.00 Pa B&A6 Monday, June 06, 2016 Page 5 of 6 b 6. P021016C1 E15140 Citywide Street Preventative Maintenance Program (SPMP), Year 3, t� R IDIQ - Amendment 1 °yw City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. Sidewalks 5301 CONCRETE CYLINDERS (4"x6') (Min 4) 4 9 36 ea $44.00 $1,584.00 5399 CONCRETE CYLINDERS PICK UP FEE 1 9 9 pour $43.00 $387.00 Valve Box 5301 CONCRETE CYLINDERS 14" x 8"1 (Min 41 4 15 60 ea $44.00 $2,640.00 5399 CONCRETE CYLINDERS PICK UP FEE 1 15 15 pour $43.00 $645.00 D. MISCELLANEOUS Transportation Fees 5486 VEHICLE 1 175 175 trip $45.00 $7,875.00 02. CMT SPMP SUBTOTAL $43,946,00 GRAND TOTAL $98,035.00 Monday, June 06, 2016 AMD. NO. 1 EXHIBIT "A" Page 6 of 6 Poge 6 of 6 CITY OF CORPUS CHRISTI -�_- DISCLOSURE OF INTEREST City of CC ti City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to o 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: Rock Engineering & Testing Laboratory, Inc. P. O. BOX: STREET ADDRESS: 6817 Leopard. Street CITY: Corpus Christi ZIP: 78409 FIRM IS: 1. Corporation e2. Partnership 8 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm: Name 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 reamed "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 `Ifirrri " Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, emplo ee or body that has been requested to act in the matter, unless the interest of the City owcial or employee in the matter is appparent. The disclosure shall also be made in a signed wasting 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: Curtis Rock Title: Chief Administrative Officer (Type or Print) Signature of Certifying a Date: Person: DEFINITIONS 05-25-16 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 furn, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Forms provided by Texas Ethics Commission www. ethics. state.tx.us Version V1,0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1.295 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: 2016-111740 Date Filed: 09/14/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Rock Engineering and Testing Laboratory, 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. E15140 Construction Materials Testing 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party, Z X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. LOREN LEILANI ROCK -_ Notary Public, State at Texas =G''.f �;,.•' My Commission Expires Match 26, 2017 r. , �+, - k —0 J1Z Signature ol au rized ag 1t of contracting business entity AFFIX NOTARY STAMP ! SEAL ABOVE (� l Sworn to and subscribed before me, by the said S ' DCV. , this the ��`� day of 20to certify which, witness my hand and seal of office. L.'Rsx.K No��YPoKic Signature of officer administering oath Printed name of officer administering oath Title of officeif administering oath Forms provided by Texas Ethics Commission www. ethics. state.tx.us Version V1,0.277 Run: 9/15/2016 at 3:04:38PM Acct # Account Description CITY OF CORPUS CHRISTI, TEXAS APPROPRIATION EXPENDITURE REPORT BY ORGANIZATION FOR THE 12 MONTHS ENDED September 30, 2016 ORGANIZATION: 12415 - Street Preventative Maint Prog Fund: 1041 - Streets Annual Original Budget Amended Budget Expenditures Commitments & Unencumbered % of Budget Encumbrances Balance Expended 510100 Salaries and Wages 510200 Overtime 511000 Retirement 513000 Group insurance benefits 513001 Other employee benefits Total Personnel Costs 251,418.57 0.00 65,645.39 9,096.00 3,684.00 198,418.57 0.00 20,320.39 9,096.00 3,684.00 37,886.45 392.47 9,614.45 9,096.00 3.684.00 0.00 0.00 0.00 0.00 0.00 160,532.12 (392.47) 10,705.94 0.00 0.00 19.09 0.00 47.31 100.00 100.00 329,843.96 231,518.96 60,673.37 0.00 170,845.59 26.21 520040 Clothing 520090 Minor tools & equip 520110 Minor office equipment 520120 Office Supplies 520130 Maint & repairs 530000 Professional services 530010 I me rd a pa rt -services 530160 Rentals 530180 Non -Capital Lease PaymE 530190 Lease purchase payment: 530215 Maint & repairs-contractec 530362 Training -General 530500 Printing advertising & PR 530520 Printing outside print shop 547010 Travel Total Operating Costs 548060 MIS Alloc 548120 Self Insurance Alloc 750.00 300.00 500.00 1,000.00 1,000.00 958,400.00 200,000.00 700.00 2,257.32 5,467.50 13,800,000.00 1,000.00 0.00 3,500.00 2,250.00 750.00 300.00 500.00 1,000.00 1,000.00 2,602,730.87 253,000.00 700.00 2,257.32 5,467.50 24,816,119.04 999.99 0.00 3,500.00 2,250.00 0.00 0.00 0.00 234.33 0.00 617,492.08 38,098.91 0.00 568.33 0.00 6,725,096.72 0.00 1,001.35 25.95 0.00 0.00 0.00 0.00 70.82 0.00 1,210,934.79 0.00 0.00 0.00 0.00 18,091,018.82 0.00 0.00 604.95 0.00 750.00 300.00 500.00 694.85 1,000.00 774,304.00 214,901.09 700.00 1,688.99 5,467.50 3.50 999.99 (1,001.35) 2,869.10 2,250.00 0.00 0.00 0.00 30.52 0.00 70.25 15.06 0.00 25.18 0.00 100.00 0.00 0.00 18.03 0.00 14,977,124.82 27,690,574.72 7,382,517.67 19,302,629.38 1,005,427.67 96.37 28,992.00 14,664.00 28,992.00 14,664.00 28,992.00 14.664.00 0.00 0.00 100.00 0.00 0.00 100.00 Total Allocations 43,656.00 43,656.00 43,656.00 0.00 0.00 100.00 TOTAL 15,350,624.78 27,965,749.68 7,486,847.04 19,302,629.38 1,176,273.26 95.79 SC o� Va. v AGENDA MEMORANDUM NcoRPOPp�EO Future Item for the City Council Meeting of September 20, 2016 1852 Action Item for the City Council Meeting of September 27, 2016 DATE: September 20, 2016 TO: Margie C. Rose, City Manager FROM: Valerie Gray, Executive Director of Public Works Valerieg(a)cctexas.com (361) 826-3729 Mike Markle, Police Chief m ikema(a)cctexas.com (361) 886-2601 Edgar Leonard, Director of Facilites and Property Management Edgarlacctexas.com (361) 826-1870 Maria Pedraza, Procurement Manager Maria Pe(a)cctexas.com (361) 826-3176 Police and Municipal Court Parking Lot Improvements Phase 2 CAPTION: Resolution authorizing the City Manager, or designee, to execute a service agreement with Total Protection, of Corpus Christi, to furnish and install access control gates for the parking area at the Police and Municipal Court Building for a not to exceed amount of $114,543.32, with funding available in the FY2015-2016 General Fund and Facilities/Property Mgmt Fund. PURPOSE: To approve a Service Agreement that will allow for improvements to the parking area of the Police and Municipal Court Building and provide enhanced safety and security for the officers and employees working in this location. BACKGROUND AND FINDINGS: This project to perform critical security and needed improvements to the building and parking area of the Police and Municipal Building located at 321 John Sartain St. was originally planned to be completed in two phases. Phase 1, which has been completed included the canopy demolition, exterior painting, minor concrete repair, signage and lettering. Phase 2 was to add a security fence with access control gates, granite finished walls, pavement striping and landscaping. However, when the bids were received the costs were over budget and a value engineering exercise was undertaken by the Engineering Department to get the project costs aligned with the budget for the project. The fencing project and access control gates are the primary pieces of work left to complete for Phase 2. The fencing will be handled as a separate award under Engineering's Facilities Multiple Award Contract (FMAC) Program. This request is to purchase and install the access control gates. Phase 3 is a future phase of this project and will include resurfacing of the parking lot and landscaping. The following table outlines the various Phases and their associated costs: Phase Description Value All Soft Costs (Engineering, Design, Geotech, Inspection, etc.) $70,898.95 1 Hard Costs (Paint Exterior, Demo Canopies, Curb, Sidewalks) $186,557.00 2 Hard Costs (Fencing, Controlled Access Gates) $406,467.92 3 Hard Costs (Parking Lot Resurfacing, Landscaping)* $265,000.00 Total $928,923.87 *Future Phase Estimate ALTERNATIVES: Allow the FMAC Contractor that is completing the fencing portion of the work to install these access controlled gates; however this will increase the cost of the work. OTHER CONSIDERATIONS: No other product available. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. This is a sole source award as the access control system must be compatible with all of the other controlled access areas owned and operated by the City. EMERGENCY/NON-EMERGENCY: Non -emergency. DEPARTMENTALCLEARANCES: Police Department Engineering Services Facilities and Property Management FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $310,679.96 $0.00 $310,679.96 Encumbered / Expended Amount $136,665.00 $0.00 $136,665.00 This item $114,543.32 $0.00 $114,543.32 BALANCE $59,471.64 $0.00 $59,471.64 Fund(s): General Fund and Facilities/Property Mgmt Fund Comments: Funding for the purchase of the controlled access gates has been approved in the FY 2015-2016 budget. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Service Agreement Form 1295 Resolution authorizing the City Manager, or designee, to execute a service agreement with Total Protection, of Corpus Christi, to furnish and install access control gates for the parking area at the Police and Municipal Court Building for a not to exceed amount of $114,543.32, with funding available in the FY2015-2016 General Fund and Facilities/Property Mgmt Fund. WHEREAS, the Police Department and Municipal Court Building is in need of facility upgrades; WHEREAS, access control gates, to include the gate's operating mechanism and connection technology, will be installed to enhance officers' and employees' safety while utilizing the parking lot of the facility; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; and WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a)(7)(A), as this purchase is available from only one source due to special processes or patents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this ordinance are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or her designee, is authorized to execute a service agreement with Total Protection, of Corpus Christi, to furnish and install access control gates for the parking area at the Police and Municipal Court Building for a not to exceed amount of $114,543.32, with funding available in the FY2015-2016 General Fund and Facilities/Property Mgmt Fund. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Nelda Martinez, Mayor Corpus Christi, Texas day of , 20 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Lucy Rubio Brian Rosas Mark Scott Carolyn Vaughn Page 2 of 2 SERVICE AGREEMENT NO. 898 Police and Municipal Court Parking Project Lot Improvements Phase 2 - Controlled Access Gates THIS Police and Municipal Court Parking Lot Improvements Phase 2 - Controlled Access Gate Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Total Protection Systems, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide and install controlled access gates in response to Request for Bid/Proposal No. Sole Source Procurement ("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 and install controlled access gates ("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 two 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 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 Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $114,543.32, 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 City of Corpus Christi Page I of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 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 this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Shane Torno Department: Engineering Phone: 361-826-3502 Email: ShoneT@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("C01"), 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 City of Corpus Christi Page 2 of 8 Service Agreement Standard Form Approved as to Legal Form 711116 Services will not be rendered until the Contractor receives the signed purchase release order. 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. S. 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. City of Corpus Christi Page 3 of 8 Service Agreement Standard Form Approved as to Legal Form 711116 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the 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 C01 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: Shane Torno Title: Project Manager Address: 1201 Leopard St., Corpus Christi, Texas 75401 Phone: 361-826-3502 IF TO CONTRACTOR: Total Protection Systems, Inc. Attn: Ed Donnell Title : President Address: P.O.Box 270837, Corpus Christi, Texas 78427 Phone : 361-289-2788 City of Corpus Christi Page 4 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 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 Page 5 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1116 (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 Page 6 of 8 Service Agreement Standard Form Approved as to Legal Form 711116 all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Page 7 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 CONTRACTO�,'-7-,'(�:iQ Signa Printed Name: Title: 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/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Page 8 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 Attachment A - Scope of Work Scope of Work: This project includes 2 full height personnel gates, 2 - 23'6" by 6'8" gates along with posts, 2 - I hp gate operator, I emergency all gates open station, I long range reader with mounting stand, 2 card readers with stands, 200 windshield tags, 4 loop detectors, as well as all hardware, enclosures, pull stations, programming, conduit, wiring, and incidentals required for a working system. All related work should be coordinated with Engineering Services, Corpus Christi Police Department, and fencing contractor. Attachment B - Schedule of Pricing Slide Gate ODerator Svstem Qty Part# Description List 2 Total $13,210.80 2 SL3000101U 1hp gate operator 115V $ 3,285.90 $ 6,571.80 2 LMRRU safety beam $ 199.80 $ 399.60 4 LOOPDETLM plugin loop detector $ 161.10 $ 644.40 2 MSEL mounting stand $ 276.30 $ 552.60 4 LOT Saw cut loos $ 600.00 $ 2,400.00 1 LOT Freight $ 150.00 $ 150.00 Tvmetal Slide Gates Qty Part# Description List Total 2 23'6"X6'8" gate/post/installed $13,210.80 $ 26,421.61 1 LOT freight $ 1,009.80 $ 1,009.80 2 ASSY Unistrut rack for enclosure $ 200.00 $ 400.00 Personal Gates Qty Part# Description List Total 2 MSGXE Full height personnel gate $12,309.50 $ 24,619.00 1 LOT Freight $ 759.00 $ 759.0'0 Access Control Svstem Qty Part # Description List Total 1 02-407 Emg all gates open station (dispatch) $ 75.01 $ 75.01 1 WS -UHF -0-0 Long Range Reader $ 2,515.50 $ 2,515.50 1 WS -UHF -0-0 LRpowersupply $ 70.00 $ 70.00 1 WS -UHF -0-0 LR mounting bracket $ 70.00 $ 70.00 1 LR -P-12 LR Mounting stand ( 3") $ 105.60 $ 105.60 200 WS -UHF -0-0 Windshield tags (per PD) $ 14.00 $ 2,800.00 1 5375G MaxiPROX reader $ 739.80 $ 739.80 2 5355G ProxPro card reader $ 317.00 $ 634.00 1 DIN -24 24V DIN power supply $ 72.00 $ 72.00 1 RS-TPSI-L Reader Stand low $ 673.60 $ 673.60 1 HS-TPSI Hood Small $ 240.00 $ 240.00 1 FP-TPSI Faceplate $ 80.00 $ 80.00 1 3270 Knox Lock Box blk Hinged $ 579.00 $ 579.00 1 EP1502 Dual door electronics $ 1,338.30 $ 1,338.30 3 MR50 Single door electronics $ 372.60 $ 1,117.80 2 181808 18x18x8 NEMA 4 enclosure $ 644.00 $ 1,288.00 3 LIN -PS Linear Power Supply $ 130.50 $ 391.50 3 T1656 Transformer $ 60.30 $ 180.90 1 ENCL Enclosure indoor $ 261.90 $ 261.90 250 Oasis Oasis Cable inside bldg.. $ 1.86 $ 465.00 1000 Beldon 4/18 cable outdoor strd $ 0.6976 $ 697.60 6 LOT TPSI System Programming $ 110.00 $ 660.00 200 LOT MH Installation $ 85.00 $ 17,000.00 1 Lot Boring from building to gates, $10,900.00 $ 10,900.00 install two 1" conduits 1 Lot Asphalt repair for boring locations $ 1,440.00 $ 1,440.00 five 2 lot In ground pull boxes with covers $ 560.00 $ 1,120.00 drive -over 4 lot Operator Pads $ 250.00 $ 1,000.00 1 lot Electrical, wiring, breakers, $ 4,100.00 $ 4,100.00 installation (sub-contract) $114,543.32 NOTES: 1. Does include any city permits 2. Does not include traffic controls Attachment C - Insurance and Bond Requirements INSURANCE REQUIREMENTS ARTICLE 1— INSURANCE REQUIREMENTS 1.01 CONTRACTOR'S INSURANCE AMOUNTS A. Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises —Completed Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products / Completed Operations $1,000,000 Per Occurrence Hazard $2,000,000 Aggregate 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal& Advertising Injury Business Automobile Liability -Owned, $1,000,000 Combined Single Limit Non -Owned, Rented and Leased Workers' Compensation Statutory Employer's Liability $500,000/ 500,000/ 500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Required if Contract Price > $5,000,000 Contractor's Pollution Liability/ $1,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental 0 Required N Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Required if excavation > 3 ft Builder's Risk (All Perils including Collapse) Equal to Full Replacement Cost of Structure and Contents Required for vertical structures and bridges El Required X Not Required Installation Floater Equal to Contract Price Required if installing city -owned equipment D Required M Not Required 1.02 GENERAL PROVISIONS A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with Article 6ofthe General Conditions and this Section. B. Provide endorsements tothe policies asoutlined inthis Section. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas toissue insurance policies for the required limits and coverages. Provide insurance from companies that have anA.K8.Best rating ofA4/|||orbetter. D. Furnish copies of endorsements and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out (redact) any confidential premium or pricing information contained inany endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required bvthe Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not beallowed toperform any Work onthe Project until the required insurance policies are ineffect. ACertificate ofLiability Insurance shall besubmitted tuthe OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 of the General Conditions if Contractor fails to obtain or maintain the required insurance. |. Owner does not represent that the insurance coverage and limits established in this Contract are adequate toprotect Contractor orContractor's interests. J. The required insurance and insurance limits do not limit the Contractor's liability under the indemnities granted toOwner's |ndemni1eexinthe Contract Documents. K. Provide for an endorsement that the "other insurance" clause shall not apply to the OPT where the OPT isanadditional insured shown unthe policy. Contractor's insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out ofoperations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers' compensation policy and Contractor's professional liability policy. 103 CONTRACTOR'S INSURANCE A. Purchase and maintain workers' compensation and employer's liability insurance for: 1. Claims under workers' compensation, disability benefits, and other similar employee company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to meet all workers' compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. The expected coverage is that which would be included in a commercially available ISO Commercial General Liability policy and should provide coverage on an occurrence basis, against: 1. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; and 4. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. If required by Paragraph 1.01, provide and maintain Installation Floater insurance for property under the care, custody, or control of Contractor. Provide Installation Floater insurance that is a broad form or "All Peril" policy providing coverage for all materials, supplies, machinery, fixtures, and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance, or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; e) Any loss to property while in transit; f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery, fixture, and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions, and all other contractual indemnity obligations of Contractor in the Contract Documents. Industry standard ISO Contractual Liability coverage will meet this obligation. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 7. Endorsement CG 2032, "Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. E. For Projects with a Contract Value that exceeds $5,000,000, purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first -dollar liability coverage as needed. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; Include coverage for Owners Indemnitees as defined in Article 1 of the General Conditions; and 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third -party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations, whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor, Owner, and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether performed by Contractor, Subcontractor, Supplier, anyone directly or indirectly employed or retained by any of them, or by anyone for whose acts they may be liable. The coverage requirements for specific policies of insurance must be met directly by those policies and may not rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT, Contractor, and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions, as named insureds. Be written on a builder's risk "all risk" policy form that includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and insures against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk, by endorsement or otherwise, this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner -furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of the General Conditions. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Section. F. Contractor, Subcontractors, or employees of the Contractor or a Subcontractor owning property items, such as tools, construction equipment, or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. 1.05 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contains provisions that the Subcontractor waive all rights against Owner's Indemnitees, Contractor, named insureds and additional insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 1.06 OWNER'S INSURANCE FOR THE PROJECT A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor, Subcontractors, or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, Contractor is fully responsible for all losses arising out of, resulting from, or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds, or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. ARTICLE 2 — EVIDENCE OF INSURANCE 2.01 ACCEPTABLE EVIDENCE OF INSURANCE A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of "Additional Insureds" for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage, or change in deductible amount. 2.02 CERTIFICATES OF INSURANCE A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code §1811.101; or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code §1811.101. 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES A. If requested by the Owner, provide a copy of insurance policies, declaration pages and endorsements, and documentation of applicable self-insured retentions and deductibles. B. Contractor may block out (redact) any proprietary information or confidential premium pricing information contained in any policy or endorsement furnished under this Contract. 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated, revised, or new evidence of insurance in accordance this Section prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 2.05 NOTICES REGARDING INSURANCE A. Notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi — Engineering Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi, TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. ARTICLE 3 —TEXAS WORKERS' COMPENSATION INSURANCE REQUIRED NOTICE 3.01 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: 1. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the Project. 2. Duration of the Project - includes the time from the beginning of the Work on the Project until the Contractor's/person's Work on the Project has been completed and accepted by the governmental entity. 3. Persons providing services on the Project ("Subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the Project, for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project. N. The Contractor shall post on each Project Site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the Project, for the duration of the Project; 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. By signing this Contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the Contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. END OF INSURANCE SECTION Payment and Performance bonds are required for this project and must be maintained at the current value of the Agreement including any change orders. Bonds must remain in effect for the duration of this Agreement. END OF BOND SECTION Attachment D - Warranty Warranty - A one year warranty will be provided on all parts and labor for work performed under this Agreement. The effective date of the warranty will begin when the project is accepted by the City as final completion. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- q and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2016-112867 Total Protection Systems, Inc. Corpus Christi, TX United Stases Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/16/2016 being filed. City of Corpus Christi & City of Corpus Christi Police Department Date Acknowledged: 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. 898 Parking Lot Gate Project 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary Donnell, Linda Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. F-1 d 6 LI swear, or affirm, under penalty of perjury, that the above+ su is true and correct. CANDY LYNN NIARR011 X My Commission Expires December 22, 201E Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said if ),�� if this the 20 , r2 , to certify which, witness my hand and seal of office. day of s Signature AT officer administering oath Printed narAe of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 Run: 9/16/2016 at 8:04:47AM Acct # Account Description CITY OF CORPUS CHRISTI, TEXAS APPROPRIATION EXPENDITURE REPORT BY ORGANIZATION FOR THE 12 MONTHS ENDED September 30, 2016 ORGANIZATION: 11870 - Police Building Maint & Oper Fund: 1020 - General Fd Annual Original Budget Amended Budget Expenditures Commitments & Unencumbered % of Budget Encumbrances Balance Expended 510100 Salaries and Wages 510200 Overtime 510300 Other Pay 511000 Retirement 513000 Group insurance benefits 513001 Other employee benefits 530070 Temporary services Total Personnel Costs 63,632.00 5,166.13 0.00 17,963.19 4,452.00 2,628.00 126,571.00 63,632.00 5,166.13 0.00 17,963.19 4,452.00 2,628.00 126,571.00 14,668.83 39.14 3,475.00 3,665.09 4,452.00 2,628.00 117,722.41 0.00 0.00 0.00 0.00 0.00 0.00 17.166.34 48,963.17 5,126.99 (3,475.00) 14,298.10 0.00 0.00 (8,317.75) 23.05 0.76 0.00 20.40 100.00 100.00 106.57 220,412.32 220,412.32 146,650.47 17,166.34 56,595.51 74.32 520020 Clinical Supplies 520030 Chem/hsld supplies 520050 Fuel & lubricants 520090 Minor tools & equip 520110 Minor office equipment 520120 Office Supplies 520130 Maint & repairs 530000 Professional services 530010 I me rd e pa rt -services 530080 Light heat & power 530140 Postage & express chargE 530150 Uniform rentals 530160 Rentals 530180 Non -Capital Lease PaymE 530200 Telephone/telegraph sere 530210 Building maint & service 530230 Equipment maintenance 530500 Printing advertising & PR Total Operating Costs 548010 Fleet Repair Costs Alloc 548030 Building Main Chgs Alloc 548060 MIS Alloc 548120 Self Insurance Alloc 0.00 25,000.00 2,925.00 0.00 3,000.00 3,000.00 0.00 176,932.00 15,000.00 268,060.00 0.00 0.00 140,218.16 0.00 171,870.00 36,644.76 1,000.00 300.00 0.00 25,000.00 2,925.00 5,573.49 3,000.00 3,000.00 0.00 242,032.00 15,000.00 268,060.00 0.00 0.00 70,218.16 0.00 121,870.00 36,644.76 1,000.00 300.00 444.60 25,929.89 2,224.82 18,071.89 2,622.70 4,024.42 2,050.01 190,389.20 165.82 253,852.39 8.20 133.90 61,703.71 173.91 34,229.41 14,042.92 279.83 91.92 0.00 552.36 0.00 0.00 0.00 0.00 0.00 24,830.93 0.00 0.00 0.00 0.00 3,890.56 0.00 5,963.40 6,630.14 0.00 0.00 (444.60) (1,482.25) 700.18 (12,498.40) 377.30 (1,024.42) (2,050.01) 26,811.87 14,834.18 14,207.61 (8.20) (133.90) 4,623.89 (173.91) 81,677.19 15,971.70 720.17 208.08 0.00 105.93 76.06 324.25 87.42 134.15 0.00 88.92 1.11 94.70 0.00 0.00 93.41 0.00 32.98 56.41 27.98 30.64 843,949.92 794,623.41 610,439.54 41,867.39 142,316.48 82.09 9,876.00 158,532.00 8,616.00 11,220.00 9,876.00 158,532.00 8,616.00 11,220.00 9,876.00 158,532.00 8,616.00 11.220.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 100.00 100.00 100.00 100.00 Total Allocations 188,244.00 188,244.00 188,244.00 0.00 0.00 100.00 550030 Improvements other than 0.00 95,000.00 0.00 95,000.00 0.00 SC o� Va. v AGENDA MEMORANDUM NcoRPOPp�EO Future Item for the City Council Meeting of September 20, 2016 1852 Action Item for the City Council Meeting of September 27, 2016 DATE: September 20, 2016 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Interim Director Water Utilities DanGa-cctexas.com (361) 826-1718 Maria Pedraza, Procurement Manager Maria Pe(a)cctexas.com (361) 826-3176 Purchase of one DRI -Prime CD300M Electric Pump and one 200 HP Variable Frequency Drive CAPTION: Motion approving the purchase of one DRI -Prime CD300M Electric Pump and one 200 HP Variable Frequency Drive from Godwin Pumps of Corpus Christi, Texas for a total amount not to exceed $88,299.45. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council (H -GAC). Funds have been set aside by the Water Department in FY2015-2016. DRI -Prime CD300M Electric Pump $54,969.20 Purchase Price: Inbound Freight: Total Amount: PURPOSE: 200 HP Variable Frequency Drive $30,930.25 $85,899.45 $2,400.00 $88,299.45 The purpose of this pump purchase is to supplement/augment existing pumping systems located at the wash -water return pit and at the wash -water recycle pond, also known as Lagoon 7, located at O.N. Stevens Water Treatment Plant. BACKGROUND AND FINDINGS: Both the wash -water return pit and the wash -water recycle pond must have adequate pumping at all time in order to prevent inundation and overflows. The wash water recycle pond is over 80% full of treatment sludge, reducing the available space for water to less than 20%. Water must be pumped out of this pond and back to the beginning of the treatment process (pre -sedimentation basin) quickly in order to prevent an overflow of the pond. Note: an overflow of the recycle pond can lead to breaching of the pond levies and damage to city and private property, along with regulatory violations. In the past, existing pumps were adequate for efficiently pumping water from the pond to the pre - sedimentation basin. However, in recent years, sludge accumulation in the recycle pond has reduced the pond's capacity for water to a degree where additional pumping has become necessary to prevent overflows. A portable diesel powered pump has been rented to augment the existing pumps. Though this rental was thought to be a short-term necessity, it has become apparent that a long-term additional pumping solution is needed until the lagoon is dredged and more space becomes available for water storage. This pump will also serve as stand-by for emergency pumping. ALTERNATIVES: The alternative is to continue renting a pump until the lagoon is dredged and additional pumping is no longer necessary. This option will cost approximately $8,132.50 per month (including necessary piping) and an additional $2,840 per month in fuel costs. The rental option cost approximately $131,670 a year. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/NON-EMERGENCY: Non -Emergency. DEPARTMENTALCLEARANCES: 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 $911,352.88 $0 $911,352.88 Encumbered / Expended Amount $633,741.35 $633,741.35 This item $88,299.45 $0 $88,299.45 BALANCE $189,312.08 $189,312.08 Fund(s): Water Fund Comments: The $88,299.45 shows the purchase price for one DRI -Prime CD300M Electric Pump and one 200 HP Variable Frequency Drive. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION DRI -PRIME CD300M ELECTRIC PUMP AND BUYER: DOMINGO VALDEZ 200 HP VARIABLE FREQUENCY DRIVE H -GAC CONTRACT: CM02-15 Total Price $88,299.45 GODWIN PUMPS CORPUS CHRISTI, TX UNIT PRICE EXTENDED PRICE ITEM DESCRIPTION QTY. UNIT 1. Dri-Prime CD300M Electric Pump 1 EA $54,969.20 $54,969.20 2. 200 HP Variable Frequency Drive 1 EA $30,930.25 $30,930.25 3 Inbound Freight Delivery 1 EA $2,400.00 $2,400.00 Total Price $88,299.45 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 27, 2016 Legistar Number: 16-0934 Agenda Item: Motion approving the purchase of one DRI -Prime CD300M Electric Pump and one 200 HP Variable Frequency Drive from Godwin Pumps of Corpus Christi, Texas for a total amount not to exceed $88,299.45. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council (H -GAC). Funds have been set aside by the Water Department in FY2015-2016. DRI -Prime CD300M Electric Pump $54,969.20 Purchase Price Inbound Freight Total Amount Amount Required: $ 88,299.45 200 HP Variable Frequency Drive $30,930.25 $85,899.45 $2,400.00 $88,299.45 Fund Name Accounting Unit Accoount Activity No. Amount Water Fund 4010-31010-062 530230 $88,299.45 Total ❑ Certification Not Required Director of Financial Services Date: SC o� Va. v AGENDA MEMORANDUM NcoRPOPp�EO Future Item for the City Council Meeting of September 20, 2016 1852 Action Item for the City Council Meeting of September 27, 2016 DATE: September 8, 2016 TO: Margie C. Rose, City Manager FROM: Belinda Mercado, Director of Information Technology BelindaM(a)cctexas.com (361) 826-3740 Microsoft Office License One Year Subscription Purchase CAPTION: Motion authorizing the City Manager, or designee, to execute a one-year Microsoft Office E3 license subscription with Software House International (DIR-SDD-2503) for $133,747.20. PURPOSE: Approval of this subscription will provide the City of Corpus Christi with one year of Microsoft's E3 licenses which includes hosted e-mail, Microsoft Office Suite, Skype for Business, and One Drive -Cloud Storage. BACKGROUND AND FINDINGS: On June 17, 2014, the City Council approved a Microsoft Enterprise contract for the City of Corpus Christi's license agreements which included an initial purchase of 500 Microsoft Office E3 licenses. Since 2014 staff has added additional E3 licenses city-wide. This purchase provides city employees with one Office product license model. In July 2017, staff will renegotiate the City's Microsoft Enterprise contract which includes accounts and licenses for all services. ALTERNATIVES: Continue to use Microsoft Office Products that are not up to date. OTHER CONSIDERATIONS: ►I=1=1 CONFORMITY TO CITY POLICY: This procurement conforms to City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: None. FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 133,747.20 0 133,747.20 Encumbered / Expended Amount 0 0 0 This item 1 1 133,747.20 1 1 133,747.20 BALANCE 1 1 133,747.20 1 0 1 133,747.20 Fund(s): Information Technology Fund 5210 Comments: Funds are available in the Information Technology Department FY2015-2016 budget. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Software House International licensing quote. AML overnmeat Solutions CITY OF CORPUS CHRISTI Richard Soliz 1201 Leopard St. MIS Corpus Christi, TX 78401 United States Phone: (361) 826-3420 Fax: Email: Richard@cctexas.com All Prices are in US Dollar (USD) Product 1 Off365PE3 ShrdSvr ALNG SU MVL ExchgOnlnPlan2 PerUsr Microsoft - Part#: UT6-00026 Coverage Term: 7/1/2016 — 6/30/2017 Note: Renewal of PO P08439 ( Line 2 on sheet) 2 Off365PE3 ShrdSvr ALNG SU MVL ExchgOnlnPlan2 PerUsr Microsoft - Part#: UT6-00026 Coverage Term: 7/1/2016 — 6/30/2017 Note: Renewal of PO 5376 ( Line 3 on sheet) 3 Off365PE3 ShrdSvr ALNG SU MVL ExchgOnlnPlan2 PerUsr Microsoft - Part#: UT6-00026 Coverage Term: 7/1/2016 — 6/30/2017 Note: Renewal of PO CITCC-0000301733 ( Line 4 on sheet) 4 Off365PE3 ShrdSvr ALNG SU MVL ExchgOnlnPlan2 PerUsr Microsoft - Part#: UT6-00026 Coverage Term: 7/1/2016 — 6/30/2017 Note: Renewal of PO CITCC-0000300113 ( Line 5 on sheet) 5 Off365PE3 ShrdSvr ALNG SU MVL ExchgOnlnPlan2 PerUsr Microsoft - Part#: UT6-00026 Coverage Term: 7/1/2016 — 6/30/2017 Note: Renewal of PO CITCC-0000299495 ( Line 6 on sheet) 6 Off365PE3 ShrdSvr ALNG SU MVL ExchgOnlnPlan2 PerUsr Microsoft - Part#: UT6-00026 Coverage Term: 7/1/2016 — 6/30/2017 Note: Renewal of PO SOLIZ112414 ( Line 7 on sheet) 7 Off365PE3 ShrdSvr ALNG SU MVL ExchgOnlnPlan2 PerUsr Microsoft - Part#: UT6-00026 Coverage Term: 7/1/2016 — 6/30/2017 Note: Renewal of PO PO 191-1 ( line 8 on sheet) Pricing Proposal Quotation #: 12163732 Created On: 9/7/2016 Valid Until: 9/30/2016 Account Representative Kerri Fitzmorris 1301 South Mo-Pac Expressway Suite 375 Austin, TX 78746 Texas@shi.com" Phone: 1-800-870-6079 Fax: 512-732-0232 Email: Kerri—Fitzmorris@shi.com Qty Retail Your Price Total 50 $0.00 $97.20 $4,860.00 50 $0.00 $97.20 $4,860.00 50 $0.00 $97.20 $4,860.00 100 $0.00 $97.20 $9,720.00 50 $0.00 $97.20 $4,860.00 5 $0.00 $97.20 $486.00 50 $0.00 $97.20 $4,860.00 8 Off365PE3 ShrdSvr ALNG SU MVL ExchgOnlnPlan2 PerUsr 350 $0.00 $97.20 $34,020.00 Microsoft - Part#: UT6-00026 Coverage Term: 7/1/2016 — 6/30/2017 Note: Renewal of PO 13890 ( line 9 on sheet) 9 Off365PE3 ShrdSvr ALNG SU MVL ExchgOnlnPlan2 PerUsr 30 $0.00 $97.20 $2,916.00 Microsoft - Part#: UT6-00026 Coverage Term: 7/1/2016 — 6/30/2017 Note: Renewal of PO CITCC-0000299493 ( line 10 on sheet) 10 Off365PE3 ShrdSvr ALNG SU MVL ExchgOnlnPlan2 PerUsr 500 $0.00 $97.20 $48,600.00 Microsoft - Part#: UT6-00026 Coverage Term: 7/1/2016 — 6/30/2017 Note: Renewal of PO PO14606 ( line 12 on sheet) 11 Off365PE3 ShrdSvr ALNG SU MVL ExchgOnlnPlan2 PerUsr 41 $0.00 $97.20 $3,985.20 Microsoft - Part#: UT6-00026 Coverage Term: 7/1/2016 — 6/30/2017 Note: Renewal of PO 10136 ( line 25 on sheet) 12 Off365PE3 ShrdSvr ALNG SU MVL ExchgOnlnPlan2 PerUsr 50 $0.00 $97.20 $4,860.00 Microsoft - Part#: UT6-00026 Coverage Term: 7/1/2016 — 6/30/2017 Note: Renewal of PO CITCC-0000299493 ( Line 26 on sheet) 13 Off365PE3 ShrdSvr ALNG SU MVL ExchgOnlnPlan2 PerUsr 50 $0.00 $97.20 $4,860.00 Microsoft - Part#: UT6-00026 Coverage Term: 7/1/2016 — 6/30/2017 Note: Renewal of PO PO 129 ( Line 27 on sheet) Total $133,747.20 Additional Comments DIRSDD-2503 Thank You for choosing SHI-GSI To ensure the best level of service, please provide End User Name, Phone Number, and E -Mail Address when submitting a Purchase Order. For any additional information including Hardware and Software Contract Numbers, please contact an SHI-GS Sales Representative at 800-870-6079. The Products offered under this proposal are subject to the SHI Return Policy posted at www.shi.com/returnpolicy. unless there is an existing agreement between SHI and the Customer. c;. R ►�►a Y i1 M 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 9, 2016 TO: Margie C. Rose, City Manager FROM: Fred A. Segundo, Director of Aviation 289-0171 ext.1213 Fred S(o-)-cctexas. com Authorize submission of Passenger Facility Charge Application No. 3 allowing for recovery of airport's grant matching funds associated with Runway Extension and Taxiway Projects at Corpus Christi International Airport. CAPTION: Motion authorizing the City Manager or designee to submit Passenger Facility Charge (PFC) Application No.3 to the Federal Aviation Administration to allow for reimbursement of $9.3 million dollars in airport operating funds used to match Runway Extension and Taxiway Project grant monies. BACKGROUND AND FINDINGS: The Federal Aviation Administration may authorize airports to collect a Passenger Facility Charge (PFC) of $4.50 per enplaned passenger to fund eligible capital projects. A formal application process is required along with airline consultation. On April 14, 1998, the FAA authorized PFC Application #2 for CCIA which provided funding for the construction of the terminal and roadway. PFCs provided pay- as-you-go as well as debt service funding for these projects. Application No. 2 has resulted in annual collections of approximately $1.3 million with $1.1 million committed to Series 2012 A & B debt service. CCIA is seeking approval from the FAA for PFC Application No. # 3. Application #3 would authorize use of the annual $200K "surplus" to reimburse funds already spent on the Runways 17-35 and 13-31 and Taxiway projects. Overall, application would allow for the collection of $9,273,439 through May 1, 2034. It should be noted that no additional charges would be assessed to passengers as the rate is "capped" at $4.50. The additional revenue would be collected by extending the expiration date through 2034.The incremental collections would be used to match/fund future airport capital projects as approved by the City Council and the FAA. ALTERNATIVES: The only possible alternative is to fund future airport capital projects with additional debt service or from Airport Fund Balance. As a result of diminished Airport Fund debt service capacity through 2030 and a fund balance of approximately $5 million dollars, Airport Staff does not recommend this as a financially viable option. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Projects to be funded are consistent with Airport Master Plan and the funding plan is consistent with the City's Financial Policies. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Financial Services Management and Budget FINANCIAL IMPACT: Revenue Fiscal Year: 2015-2016 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget $1,258,750 1,258,750 Encumbered / Expended Amount 0 0 This item BALANCE $1,258,750 $1,258,750 Fund(s): Passenger Facility Fund - 4621 Comments: Passenger Facility Charge funds and budgeted operating funds combine to provide the total debt service requirement. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Passenger Facility Charge Application #3 Packet CCI A4k ANI%L CORPUS CHRISTI INTERNATIONAL AIRPORT April 22, 2016 U. S. Department of Transportation Federal Aviation Administration —Southwest Region Texas Airports Development Office, ASW -650 10101 Hillwood Boulevard Fort Worth, Texas 76177 Attn: Cameron Bryan, Manager In accordance with CFR Part 158, please find Passenger Facility Charge Application No. 3 for Corpus Christi International Airport. PFC Application No. 3 is in association with Runway 17/35; 600 ft. Extension and Associated Taxiways and Runway 13/31; 1,000 ft. Extension and Associated Taxiways Projects. If you have any questions, please contact Mario Tapia, Assistant Director of Aviation, at (361) 289-0171 ext. 1292, or at mariot@cctexas.com Sincerely, Fred Segundo Director of Aviation Corpus Christi International Airport 1000 International Drive Corpus Christi, Texas 78406 P 361-289-0171 F 361-826-4286 1 flyccia.com CCIA AIM%L CORPUS CHRISTI INTERNATIONAL AIRPORT CORPUS CHRISTI INTERNATIONAL AIRPORT PASSENGER FACILITY CHARGE APPLICATION NO. 3 1000 International Drive Corpus Christi, Texas 78406 P 361-289-0171 F 361-826-4286 1 flyccia.com TABLE OF CONTENTS + Form 5500-1 — Passenger Facility Charge (PFC) Application + Attachment A — CRP Airport Capital Improvement Plan + Attachment B — Project 1 Description, Cost Detail, and Exhibit Project 2 Description, Cost Detail, and Exhibit + Attachment C — Draft Letter to All Air Carriers and U. S. Certified Air Carriers List + Attachment D — Request to Exclude Classes of Carriers + Attachment H — Form 5500-1 Attachment H + Attachment I — Supplemental Information on Project Bond Financing OMB Approved 2120-0557 Fyn R/31/gni.i Federal Aviation Administration PASSENGER FACILITY CHARGE (PFC) APPLICATION U. S. Department of Transportation 1. Application Type (Check all that apply) FAA USE ONLY Fa. Impose PFC Charges Date Received PFC Number F b. Use PFC Revenue Fc. Amend PFC No. PART 1 2. Public Agency Name, Address, and Contact Person 3. Airport(s) to Use 4. Consultation Dates City of Corpus Christi a. Date of Written Notice to Air Carriers: Agency Name TBD 1000 International Drive Address b. Date of Consultation Meeting with Air Corpus Christi International Carriers: Corpus Christi, Texas 78406 City, State, ZIP Airport TBD c. Date of Public Notice Contact Person TBD PART II 5. Charges a. Airport to Impose b. Level c. Total Estimated PFC d. Proposed Effective e. Estimated Expiration Revenue by Level Date: Date: Impose Corpus Christi International F_$1.00 F_$2.00 F_$3.00 Airport Use January 1, 2027 February 1, 2034 Impose $9,273,439 x$4.00 x$4.50 Use $9,273,439 PART III 6. Attachments (Check all that Apply) Attached Submitted with Application Number Document a.Airport Capital Improvement Plan b. X Project Information (Attachment B) C. F Air Carrier Consultation and Public Notice Information d. X Request to Exclude Class(es) of Carriers e. Alternative Uses/Projects f. Competition Plan/Update g.ALP/Airspace/Environmental F h. X Notice of Intent Project Information F F Supplemental Information Project Bond Financing i. on PART IV 7. With respect to this PFC application I hereby certify as follows: To the best of my knowledge and belief, all data in this application are true and correct; This application has been duly authorized by the governing body of the public agency; The public agency will comply with the assurances (Appendix A to Part 158) if the application is approved; For those projects for which approval to use PFC revenue is requested, all applicable ALP approvals, airspace determinations, and environmental reviews required by the National Environmental Policy Act have been completed. If required, the public agency has submitted a competition plan in accordance with 49 U.S.C. 47106(f); and If required by 49 U.S.C. 40117(d)(4), adequate provision for financing the airside needs, including runways, taxiways, aprons, and gates, has been made by the public agency. a. Typed Name of Authorized Representative b. Title c. Telephone Number Assistant Director of Aviation 361-289-0171 Ext 1292 Mario Tapia d. E-mail Address e. Fax Number mariot@cctexas.com f. Signature of Authorized Representative g. Date Signed Paperwork Reduction Act Statement: This form is the FAA's primary source for collecting information for the authority to collect PFC revenue for airport development This information is used to determine the eligibility and justification of airport development projects regarding safety, security, or capacity of the national air transportatio system; or which reduce noise or mitigate noise impacts resulting from an airport; or furnish opportunities for enhanced competition between or among air carriers. It i estimated that it will take approximately 5-80 hours to fill out the application depending on the complexity. The use of the form is required to obtain FAA approval of authority to collect PFC revenue (49 U.S.C. 40117(c)). No assurance of confidentiality is necessary or provided. It should be noted that an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The OMB control number associated with this collection of information is 2120-0557. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at: 800 Independence Ave. SW, Washington, DC, 20591, Attn: Information Collections Clearance Officer, AIO-20. FAA Form 5500-1 (8-10) Supersedes Previous Edition ATTACHMENT A 11,100,000 $ 29,000,000 $ 9,687,724 $ 4,455,556 $ 54,243,281 Date: April 25, 2016 City of Corpus Christi Corpus Christi International Airport FY 2016 - 2020 Airport Capital Improvement Plan Funding AIP Other Funds Fiscal Year Protect Description Entitlement Discretionary PFC Local Total 2016 RVVY 17/35; 600 ft. Extension and Associated Taxiways* RVVY 13/31; 1000 ft. Extension and Associated Taxiways** Rehabilitate East GA Apron, Phase I Perimeter Security Road $2,400,000 $2,000,000 $ 3,362,501 $488,889 $ 3,362,501 $0 $3,000,000 $ 6,325,223 $333,333 $ 6,325,223 $0 $2,300,000 $255,556 $2,555,556 $1,500,000 $4,700,000 $688,889 $6,888,889 2016 Annual Subtotals $1,500,000 $ 7,000,000 $ 9,687,724 $ 944,444 $ 19,132,168 2017 Rehabilitate East GA Apron, Phase II Rehabilitate Terminal Apron, Phase I $2,400,000 $2,000,000 $488,889 $4,888,889 $0 $3,000,000 $333,333 $3,333,333 $700,000 $77,778 $777,778 2017 Annual Subtotals $2,400,000 $ 5,000,000 $ - $ 822,222 $ 8,222,222 2018 Rehabilitate East GA Apron, Phase 111 Rehabilitate Terminal Apron, Phase 11 Acquire 1500 Gallon ARFF Vehicle $1,700,000 $2,000,000 $411,111 $4,111,111 $0 $3,000,000 $333,333 $3,333,333 $700,000 $77,778 $777,778 2018 Annual Subtotals $2,400,000 $ 5,000,000 $ - $ 822,222 $ 8,222,222 2019 Rehabilitate East GA Apron, Phase IV Rehabilitate Terminal Apron, Phase III $2,400,000 $3,000,000 $600,000 $6,000,000 $0 $3,000,000 $333,333 $3,333,333 2019 Annual Subtotals $ 2,400,000 $ 6,000,000 $ - $ 933,333 $ 9,333,333 2020 Rehabilitate East GA Apron, Phase V Rehabilitate Terminal Apron, Phase IV $2,400,000 $3,000,000 $600,000 $6,000,000 $0 $3,000,000 $333,333 $3,333,333 2020 Annual Subtotals $2,400,000 $ 6,000,000 $ - $ 933,333 $ 9,333,333 ACIP Tota Notes: *RVVY 17/35; 600 ft. Extension and Associated Taxiways//AIP Funded ($18,114,007.00) w/ AIP Grants 47 and 49//PFC Request Local Share Reimbursement Notes: ** RVVY 13/31; 1000 ft. Extension and Associated Taxiways//AP Funded ($32,101,790.00) w/ AIP Grants 47, 50, 51 and 52//PFC Request Local Share Reimbursement ATTACHMENT B CCI A A CORPUS CHRISTI INTERNATIONAL AIRPORT RUNWAY 17-35; 600 FT. EXTENSION AND ASSOCIATED TAXIWAYS PROJECT 1 DESCRIPTION This project consists of the design and construction of secondary runway extension (150 ft. X 600 ft.; asphaltic concrete pavement), construct new taxiways: A, (75 ft. X 550 ft.; asphaltic concrete pavement), Al (75 ft. X 550 ft.; asphaltic concrete pavement), A2 (75 ft. X 550 ft., asphaltic concrete pavement), A3 (75 ft. X 550 ft.; asphaltic concrete pavement) and A4 (75 ft. X 565 ft.; asphaltic concrete pavement) and L (75 ft. X 200 ft.; asphaltic concrete pavement); construct new blast pad (200 ft. X 200 ft.; asphaltic concrete pavement), construct new run-up pad (100 ft. X 400 ft.; asphaltic concrete pavement), rehabilitate (coal -tar sealant) the following existing pavements: runway and taxiways A, D, E, M, N, P and Q, relocation of all navigational aids, removal of existing taxiways A, Al, A2, and A3, install LED taxiways lights, install runway extension lights, install pavement markings and signage on runway and taxiway pavements. The total cost of this project is $20,395,281.00. The FAA provided under AIP Grant No. (s) 47 and 49 in the amount of $18,114,007.00. PFCs are anticipated to provide the following: Local Match ($2,281,274.00 = Bond Capital) and Bond Financing & Interest ($1,319,138.00). This project started October 29, 2012 and was completed in June 6, 2014. This project is seeking reimbursement of local share to AIP grants and other costs. (See cost sheet for cost details and Project Exhibit 1 for locations). 1000 International Drive Corpus Christi, Texas 78406 P 361-289-0171 F 361-826-4286 1 flyccia.com RUNWAY 17.35 RUNWAY 17-35; 600 FT. EXTENSION AND ASSOCIATED TAXIWAYS PROJECT 1 EXPENDITURE DETAIL Design Inspection/Testing FAA MOA Construction Administrative Land Acquisition :ity Reimbursement Grand Total KSA Task # 1 80,824.50 KSA Task # 2 143,208.00 KSA Task # 3 566,000.00 KSA Task # 5 40,098.00 KSA Amendment # 1 5,577.50 KSA Amendment # 4 2,014.23 KSA Amendment # 5 100,000.00 KSA Amendment # 6 40,000.00 KSA Amendment # 8 16,010.00 KSA Amendment # 9 1,000,000.00 KSA Amendment # 20 4,300.00 KSA Amendment # 24 5,800.00 KSA Amendment # 26 2,300.00 KSA Amendment # 28 49,680.56 KSA Amendment # 29 48,765.00 KSA Amendment # 32 24,884.00 KSA Amendment # 35 (55.71) FAA - PDRA 1 FAA - PDRA 1 15,000.00 FAA MOA FAA MOA 1,159,711.77 Bay Contract 13,131,821.60 Bay Change Orders 1-16 2,701,449.65 Bay Contract - Navaids 793,661.85 American Electric Power Inc. Power lines 9,874.47 TPDES General Permit Permit 162.50 Land Acquisition Land Acquisition Administrative Cost Administrative 33,205.82 152,380.13 City Engineering, Cash Management,Budget Reimbu City Reimbursements 268,606.74 Fees Grand Totals 1,129,461.79 999,944.29 1,174,711.77 16,636,970.07 33,205.82 152,380.13 268,606.74 20,395,280.61 RUNWAY 17-35; 600 FT. EXTENSION AND ASSOCIATED TAXIWAYS PROJECT 1 CITY OF CORPUS CHRISTI REIMBURSEMENT DETAIL RUNWAY 17-35 City Administrative Reimbursement (Finance & Budget Support, Contract & Procurement Support, Legal Support , City Management Support) City Administrative Reimbursement (Finance & Budget Support, Contract & Procurement Support, Legal Support , City Management Support) City Administrative Reimbursement (Finance & Budget Support, Contract & Procurement Support, Legal Support , City Management Support) City Administrative Reimbursement (Finance & Budget Support, Contract & Procurement Support, Legal Support , City Management Support) City Administrative Reimbursement (Finance & Budget Support, Contract & Procurement Support, Legal Support , City Management Support) City Administrative Reimbursement (Finance & Budget Support, Contract & Procurement Support, Legal Support , City Management Support) City Engineering Reimbursement (Finance & Budget, Contract & Procurement & Legal Support, Engineering Support, City Management Support) City Engineering Reimbursement (Finance & Budget, Contract & Procurement & Legal Support, Engineering Support, City Management Support) City Engineering Reimbursement (Finance & Budget, Contract & Procurement & Legal Support, Engineering Support, City Management Support) City Engineering Reimbursement (Finance & Budget, Contract & Procurement & Legal Support, Engineering Support, City Management Support) City Engineering Reimbursement (Finance & Budget, Contract & Procurement & Legal Support, Engineering Support, City Management Support) City Engineering Reimbursement (Finance & Budget, Contract & Procurement & Legal Support, Engineering Support, City Management Support) City Engineering Reimbursement (Finance & Budget, Contract & Procurement & Legal Support, Engineering Support, City Management Support) City Engineering Reimbursement (Finance & Budget, Contract & Procurement & Legal Support, Engineering Support, City Management Support) Fees Grand Totals City Administrative Reimbursement :Ity Engineering Reimbursement Grand Total FY2011 (February thru July) 5,731.71 FY2012 (August thru Januar 12,291.41 FY2012 (February that July) 14,182.75 FY2013 (August thou Janua, 6,523.75 FY2013 (February that July) 64,738.02 FY2014 (August thru Januar 4,061.60 FY2011 (February thru July) FY2012 (August thru January) FY2012 (February thru July) FY2013 (August thru January) FY2013 (February thru July) FY2013 (August thru July) FY2014 (August thru January) FY2014 (August thru July) Note: City's Administrative and Engineering Reimbursements includes the following services to support this project: Architectural -Engineering Selection Review, Project Plans Specifications, Prepare Bid Documents, Pre -Bid Conference, Bid Opening, Legal Review, Request City Council Approval to Award Letters and Issurances of Notice -To -Proceeds (NTPs), Pre -Construction Conference, Establish Budgetary and Accounting Strings to Fund Project, Review and Process Contractor's Partial Pay Estimates, Review and Process Contractors Final Pay Estimates, Review and Process A/E's Partial Invoices For On -Site Management, Review and Process A/E's Final Invoices, Review and Process Change Orders, Review and Process A/E's Task Orders and Amendments, and Review and Process FAA's Mutual of Understanding (MOU (s)) for On -Site Resident Engineering Inspection and Technical Engineering Services to Support Relocation of FAA's NAVAIDS. 107,529.24 1,340.45 18,537.77 99,153.84 1,632.73 1,634.80 8,282.49 30,120.30 375.12 161,077.50 5,731.71 12,291.41 14,182.75 6,523.75 64,738.02 4,061.60 1,340.45 18,537.77 99,153.84 1,632.73 1,634.80 8,282.49 30,120.30 375.12 268,606.74 ULTIMATE PAVEMENT PAVEMENT TO BE REMOVED TAXIWAY DESIGNATION RUNWAY 17-35; 600 Ft. EXTENSION AND ASSOCIATED TAXIWAYS ££££• S i : f-wr.1..'i5. 71 6 71. CCI A CORPUS CHRISTI INTERNATIONAL AIRPORT RUNWAY 13-31; 1,000 FT. EXTENSION AND ASSOCIATED TAXIWAYS PROJECT 2 DESCRIPTION This project consists of the design and construction of primary runway extension (150 ft. X 1000 ft.; asphaltic concrete pavement), construct new taxiways: B (75 ft. X 475 ft.; asphaltic concrete pavement), B1 (75 ft. X 475 ft.; asphaltic concrete pavement), B2 (75 ft. X 475 ft.; asphaltic concrete pavement), B3 (75 ft. X 950 ft.; asphaltic concrete pavement), B5 (75 ft. X 475 ft. asphaltic concrete pavement), J ( 75 ft. X 500 ft.; asphaltic concrete pavement) and H (75 ft. X 350 ft; asphaltic concrete pavement); construct new blast pad (200 ft. X 200 ft.; asphaltic concrete pavement), construct new run-up pad (100 ft. X 400 ft.; asphaltic concrete pavement), rehabilitate (coal -tar sealant) the following existing pavements: runway and taxiways B, B4, G, and F, relocation of all navigational aids, removal of existing taxiways B, B1, B2 and B3, install LED taxiways lights, install runway extension lights, install pavement markings and signage on runway and taxiway pavements. The total cost of this project is $35,696,302.00. The FAA provided under AIP Grant No. (s) 47, 50, 51 and 52 in the amount of $3271017790.00. PFCs are anticipated to provide the following: Local Match ($3,594,512.00 = Bond Capital) and allocable Bond & Financing Interest ($2,078,515.00). The project started May 5, 2014 and was completed in May 26, 2016.This project is seeking reimbursement of local share to AIP grants and other costs. (See cost sheet for cost details and Project Exhibit 2 for locations.) 1000 International Drive Corpus Christi, Texas 78406 P 361-289-0171 F 361-826-4286 1 flyccia.com RUNWAY 1331 Task/Amend # RUNWAY 13-31; 1,000 FT. EXTENSION AND ASSOCIATED TAXIWAYS PROJECT 2 EXPENDITURE DETAIL Design nspection/Testin• FAA MOA Construction 5dministrative Land Acquisition :ity Reimbursement Grand Total KSA Task # 1 80,824.50 KSA Task # 2 143,208.00 KSA Task # 3 720,000.00 KSA Task # 5 40,098.00 KSA Amendment # 4 2,014.23 KSA Amendment # 7 201,800.00 KSA Amendment # 19 10,000.00 KSA Amendment # 22 9,500.00 KSA Amendment # 27 9,315.00 KSA Amendment # 30 1,749,339.60 KSA Amendment # 31 74,803.00 KSA Amendment # 33 16,190.00 KSA Amendment # 34 19,700.00 KSA Amendment # 36 4,772.00 KSA Amendment # 37 10,000.00 FAA - PDRA 1 FAA - PDRA 1 15,000.00 FAA - PDRA 2 FAA - PDRA 2 5,129.90 FAA MOA FAA MOA 1,112,734.01 FAA MOA -A FAA MOA -A 72,043.97 FAA MOA -B FAA MOA -B 113,425.00 Bay Contract 29,616,498.88 Bay Change Orders 1-7 1,665,581.52 Bay Change Order # 8 Change Orders 8 (26,908.80) TPDES General Permit Permit 162.50 Administrative Cost Administrative City Engineering, Cash Management,Budget Reimbu City Reimbursements Fees Grand Totals 3,423.63 27,646.69 1,322,524.73 1,769,039.60 1,318,332.88 31,255,334.10 3,423.63 27,646.69 35,696,301.63 RUNWAY 13-31; 1,000 FT. EXTENSION AND ASSOCIATED TAXIWAYS PROJECT 2 CITY OF CORPUS CHRISTI REIMBURSEMENT DETAIL RUNWAY 13-31 City Administrative Reimbursement (Finance 8. Budget Support, Contract & Procurement Support, Legal Support , City Management Support) City Administrative Reimbursement (Finance 8 Budget Support, Contract 8 Procurement Support, Legal Support , City Management Support) City Administrative Reimbursement (Finance & Budget Support, Contract 8 Procurement Support, Legal Support , City Management Support) City Administrative Reimbursement (Finance & Budget Support, Contract F. Procurement Support, Legal Support , City Management Support) City Administrative Reimbursement (Finance 8 Budget Support, Contract 8 Procurement Support, Legal Support , City Management Support) City Engineering Reimbursement (Finance & Budget, Contract 8 Procurement 8 Legal Support, Engineering Support, City Management Support) City Engineering Reimbursement (Finance & Budget, Contract & Procurement 8 Legal Support, Engineering Support, City Management Support) City Engineering Reimbursement (Finance & Budget, Contract 8. Procurement & Legal Support, Engineering Support, City Management Support) City Engineering Reimbursement (Finance 8. Budget, Contract 8 Procurement 8 Legal Support, Engineering Support, City Management Support) Fees Grand Totals City Administrative Reimbursement City Engineering Reimbursement FY2011 FY2012 FY2012 FY2013 FY2013 FY2012 FY2012 FY2013 FY2013 (February thru July) (August thru January) (February thru July) (August thin January) (February thru July) (August thru January) (February thru July) (August thru January) (February thru July) Note: City's Administrative and Engineering Reimbursements includes the following services to support this project: Architectural-Englneedng Selection Review, Project Plans Specifications, Prepare Bid Documents, Pre -Bid Conference, Bid Opening, Legal Review, Request City Council Approval to Award Letters and Issurances of Notice -To -Proceeds (NTPs), Pre -Construction Conference, Establish Budgetary and Accounting Strings to Fund Project, Review and Process Contractor's Partial Pay Estimates, Review and Process Contractor's Final Pay Estimates, Review and Process A/E's Partial Invoices For On -Site Management, Review and Process AJE's Final Invoices, Review and Process Change Orders, Review and Process AJE's Task Orders and Amendments, and Review and Process FAA's Mutual of Understanding (MOU (s)) for On -Site Resident Engineering Inspection and Technical Engineering Services to Support Relocation of FAA's NAVAIDS. 1,149.43 1,710.40 3,756.09 1,224.15 156.55 7,996.62 2,282.03 2,662.38 6,032.02 8,673.64 0.07 Grand Total 1,149.43 1,710.40 3,756.09 1,224.15 156.55 2,282.03 2,662.38 8,032.02 8,673.64 27,646.69 I LU o i, Q wLLJ >> a z w N >- F F— w m W W ¢ Q Z F— a O O w Q CL 2 w co t- > co LU D a o '` y Q i W ?�P� Z w QJ O J (n Z W }.. F— W r O co j . it - - - •_ t - i1 ATTACHMENT C August _, 2016 VIA CERTIFIED MAIL To: All Air Carriers on the attached list Operating at Corpus Christi Airport Subject: Notice of Intent to Apply for Authority to Impose and Use Passenger Facility Charges at Corpus Christi International Airport Dear Air Carrier Representative: The purpose of this letter is to formally announce to all passenger air carriers operating at Corpus Christi International Airport ("Airport" or "CRP"), in accordance with 14 CFR §158.23, that the Airport has determined the need to submit an application to the Federal Aviation Administration ("FAA") to impose and use a passenger facility charge ("PFC") at the Airport. PFC proceeds will be used to fund eligible project costs for certain projects at the Airport. Details of this PFC Application are provided below. A. Description of Projects 1. Runway 17/35; 600 ft. Extension and Associated Taxiways Suggested PFC Level: $4.50 Estimated Project Cost: $3,600,412 This project consists of the design and construction of secondary runway extension (150 ft. X 600 ft.; asphaltic concrete pavement), construct new taxiways: A, (75 ft. X 550 ft.; asphaltic concrete pavement), Al (75 ft. X 550 ft.; asphaltic concrete pavement), A2 (75 ft. X 550 ft.; asphaltic concrete pavement), A3 (75 ft. X 550 ft.; asphaltic concrete pavement) and A4 (75 ft. X 565 ft.; asphaltic concrete pavement) and L (75 ft. X 200 ft.; asphaltic concrete pavement); construct new blast pad (200 ft. X 200 ft.; asphaltic concrete pavement), construct new run-up pad (100 ft. X 400 ft.; asphaltic concrete pavement), rehabilitate (coal -tar sealant) the following existing pavements: runway and taxiways A, D, E, M, N, P and Q, relocation of all navigational aids, removal of existing taxiways A, Al, A2, and A3, install LED taxiways lights, install runway extension lights, install pavement markings and signage on runway and taxiway pavements. The total cost of this project is $20,395,281.00. The FAA provided under AIP Grant No. (s) 47 and 49 in the amount of $18,114,007.00. PFCs are anticipated to provide the following: Local Match ($2,281,274.00 = Bond Capital) and allocable Bond Financing & Interest ($1,319,138.00). This project started October 29, 2012 and was completed in June 6, 2014. This project is seeking reimbursement of local share to AIP grants and other costs. (See cost sheet for cost details and Project Exhibit 1 for locations). 2. Runway 13/31; 1000 ft. Extension and Associated Taxiways Suggested PFC Level: $4.50 Estimated Project Cost: $5,673,027 This project consists of the design and construction of primary runway extension (150 ft. X 1000 ft.; asphaltic concrete pavement), construct new taxiways: B (75 ft. X 475 ft.; asphaltic concrete pavement), 131 (75 ft. X 475 ft.; asphaltic concrete pavement), B2 (75 ft. X 475 ft.; asphaltic concrete pavement), B3 (75 ft. X 950 ft.; asphaltic concrete pavement), B5 (75 ft. X 475 ft. asphaltic concrete pavement), J ( 75 ft. X 500 ft.; asphaltic concrete pavement) and H (75 ft. X 350 ft; asphaltic concrete pavement); construct new blast pad (200 ft. X 200 ft.; asphaltic concrete pavement), construct new run- up pad (100 ft. X 400 ft.; asphaltic concrete pavement), rehabilitate (coal -tar sealant) the following existing pavements: runway and taxiways B, B4, G, and F, relocation of all navigational aids, removal of existing taxiways B, B1, B2 and B3, install LED taxiways lights, install runway extension lights, install pavement markings and signage on runway and taxiway pavements. The total cost of this project is $35,696,302.00. The FAA provided under AIP Grant No. (s) 47, 50, 51 and 52 in the amount of $32,101,790.00. PFCs are anticipated to provide the following: Local Match ($3,594,512.00 = Bond Capital) and allocable Bond & Financing Interest ($2,078,515.00). The project started May 5, 2014 and was completed in May 26, 2016.This project is seeking reimbursement of local share to AIP grants and other costs. (See cost sheet for cost details and Project Exhibit 2 for locations.) The PFC Level, Effective Date, Expiration Date, and Total Revenue PFC Level: $4.50 Proposed Charge Effective Date: January 1, 2027 Estimated Charge Expiration Date: February 1, 2034 Estimated Total PFC Revenue: $9,273,439 This application will increase the Airport's impose and use authority by $9,273,439. As a result, this application will increase the Airport's total collection and use authority from $49,700,113 to $58,973,552. C. Request that a class of Carrier not be required to collect PFCs The Airport plans to exclude from the requirement to collect PFCs, the class of carriers titled "ATCO - Non -Scheduled On -Demand Air Carriers" or "CAC - Commuters or Small Certificated Air Carriers", who operate aircraft with a seating capacity of less than 10 passengers. These carriers are currently exempted from collecting PFCs, based on approvals in previous PFC applications. This exemption is based on section 158.11 of FAR part 158, which allow carriers representing less than 1% of the total number of annually enplaned passengers to be exempt from collection PFCs. The number of annually enplaned passenger from this class of carriers was 0.024% in 2014. Name of Known Carriers Belonging to Class Identified in this Section is as follows: ATCO/CAC Air Carriers With Less Than 10 Seats CY2014 FlexJet LLC 32 Ultimate Jetcharters LLC 51 Total 83 Airport Total 347,977 Percent to Total 0.024% Source: US DOT ACAIS Database CY2014 D. Financial Plan The following table presents the detailed plan of finance for the proposed projects to be included in this application. Detailed Plan of Finance Proposed PFC Projects - CRP Application #3 $ 56.091,583 $ 50,215,797 $ - $ 5,875,786 $ 5,875,786 $ 3,397,653 $ 9 E. Date and location of meeting to present the program and financial plan The Airport will present the above described PFC projects to all passenger air carriers operating at CRP in a meeting to be held in accordance with 14 CFR § 158.23 (b). The meeting has been scheduled for [time] on [date] at the CRP Administrative Offices — Aviation Conference Room. A call-in number will be forwarded to those air carriers that would like to participate by phone, prior to the meeting, by request. Date and Time Location: Corpus Christi International Airport Aviation Conference Room Corpus Christi, Texas If you have any questions or require additional information, please contact me or Norma Ortiz at (361) 289-0171 or by email at MarioT(o)cctexas.com or NormaO@cctexas.com. We look forward to seeing you or your representative at the meeting. Sincerely, Mario Tapia Assistant Director of Aviation cc: Julieann Dwyer, ADO Bond Total Project Subtotal PFC Financing & Cost AIP Grants PayGo Bond Capital Capital Interest Runway 17135 Realignment $ 20,395,281 $ 18,114,007 $ $ 2,281,274 $ 2,281,274 $ 1,319,138 Runway 13/31 Realignment 35,696,302 32,101,790 3,594,512 3,594,512 2,078,515 $ 56.091,583 $ 50,215,797 $ - $ 5,875,786 $ 5,875,786 $ 3,397,653 $ 9 E. Date and location of meeting to present the program and financial plan The Airport will present the above described PFC projects to all passenger air carriers operating at CRP in a meeting to be held in accordance with 14 CFR § 158.23 (b). The meeting has been scheduled for [time] on [date] at the CRP Administrative Offices — Aviation Conference Room. A call-in number will be forwarded to those air carriers that would like to participate by phone, prior to the meeting, by request. Date and Time Location: Corpus Christi International Airport Aviation Conference Room Corpus Christi, Texas If you have any questions or require additional information, please contact me or Norma Ortiz at (361) 289-0171 or by email at MarioT(o)cctexas.com or NormaO@cctexas.com. We look forward to seeing you or your representative at the meeting. Sincerely, Mario Tapia Assistant Director of Aviation cc: Julieann Dwyer, ADO FAA - Office Of Airports Source CY 2014FAA ACAIS Enplanements by Air Carrier for Calendar Year 2014 Corpus Christi International (CRP) Fred Segundo1000 International Dr, Corpus Christi, TT 78406 Report Date 02/03/2016 TEX CRP SCHEDULE TYPE CARRIER NAME (CARRIER CODE) ENPLANEMENTS SCHEDULED NONSCHEDULED TOTAL ATCO - Nonscheduled/On-Demand Air Carriers, filing FAA Form 1800-31. Flew et Llc (J7SA) 0 32 32 Ultimate Jetcharters LLC (DTHA) 0 51 51 ATCO Total 0 83 83 CRAC - Large Certificated Air Carriers, filing T-100. Allegiant Air LLC (G4) 0 1,145 1,145 American Airlines, Inc. (AA) 42,998 0 42,998 Atlas Air, Inc. (5Y) 0 70 70 Casino Express (XP#) 0 91 91 Envoy Air (MQ#) 44,151 0 44,151 ExpressjetAirlines INC. (EV#) 136,452 0 136,452 Falcon Air Express (FCQ) 0 152 152 Republic Airlines (YX#) 0 1,646 1,646 SkyWest Airlines, Inc. (00) 46 0 46 Southwest Airlines Co (WN) 120,614 97 120,711 Sun Country Airlines (SY) 68 228 296 Vision Airlines (OJQ) 0 136 136 CRAC Total 344,329 3,565 347,894 SITE TOTAL 344,329 3,648 347,977 Selection Criteria: Region: SW, ADO: TEX, State: TX, LOCID: CRP, Year: 2014 ATTACHMENT D Request to Exclude Class(es) of Carriers Request that a class of Carrier not be required to collect PFCs The Airport plans to exclude from the requirement to collect PFCs, the class of carriers titled "ATCO - Non -Scheduled On -Demand Air Carriers" or "CAC - Commuters or Small Certificated Air Carriers", who operate aircraft with a seating capacity of less than 10 passengers. These carriers are currently exempted from collecting PFCs, based on approvals in previous PFC applications. This exemption is based on section 158.11 of FAR part 158, which allow carriers representing less than 1 % of the total number of annually enplaned passengers to be exempt from collection PFCs. The number of annually enplaned passenger from this class of carriers was 0.024% in 2014. Name of Known Carriers Belonging to Class Identified in this Section is as follows: ATCO/CAC Air Carriers With Less Than 10 Seats FlexJet LLC Ultimate Jetcharters LLC Total Airport Total Percent to Total Source: US DOT ACAIS Database CY2014 CY2014 32 51 83 347,977 0.024% FAA - Office Of Airports Source CY 2014FAA ACAIS Enplanements by Air Carrier for Calendar Year 2014 Corpus Christi International (CRP) Fred Segundo1000 International Dr, Corpus Christi, TT 78406 Report Date 02/03/2016 TEX CRP SCHEDULE TYPE CARRIER NAME (CARRIER CODE) ENPLANEMENTS SCHEDULED NONSCHEDULED TOTAL ATCO - Nonscheduled/On-Demand Air Carriers, filing FAA Form 1800-31. Flew et Llc (J7SA) 0 32 32 Ultimate Jetcharters LLC (DTHA) 0 51 51 ATCO Total 0 83 83 CRAC - Large Certificated Air Carriers, filing T-100. Allegiant Air LLC (G4) 0 1,145 1,145 American Airlines, Inc. (AA) 42,998 0 42,998 Atlas Air, Inc. (5Y) 0 70 70 Casino Express (XP#) 0 91 91 Envoy Air (MQ#) 44,151 0 44,151 ExpressjetAirlines INC. (EV#) 136,452 0 136,452 Falcon Air Express (FCQ) 0 152 152 Republic Airlines (YX#) 0 1,646 1,646 SkyWest Airlines, Inc. (00) 46 0 46 Southwest Airlines Co (WN) 120,614 97 120,711 Sun Country Airlines (SY) 68 228 296 Vision Airlines (OJQ) 0 136 136 CRAC Total 344,329 3,565 347,894 SITE TOTAL 344,329 3,648 347,977 Selection Criteria: Region: SW, ADO: TEX, State: TX, LOCID: CRP, Year: 2014 ATTACHMENT H ATTACHMENT H Public Agency: Location: Impose Airport Use Airport(s): City of Corpus Christi, Texas Corpus Christi, Texas Corpus Christi International Airport Corpus Christi International Fill in all shaded areas, and break projects into major components. Prj No. Project Title PFC Level PFC Revenue Requested AIP Funds Grant No. Other Revenue Total Project Cost Project Type PFC Objective Pay-as-you-go Bond Capital Financing Total PFC 1 Runway 17/35; 600 ft. Extension and Associated Taxiways $4.50 $ 2,281,274 $ 1,319,138 $ 3,600,412 $18,114,007 47, 49 $20,395,281 r °"r'.�r=m Pre erve Safety - 2 Runway 13/31; 1000 ft. Extension and Associated Taxiways $a 50 $ 3,594,512 $ 2,078,515 $ 5,673,027 $32,101,790 47,50, 51, 52 $35,696,302I�or:a.rrsnt 7�P i 7 T 1. Preserve Safety 3 $ - $ - $ - V 4 $ - $ - $ - V 5 $ - $ - $ - 7 6 $ - $ - $ - V 7 $ - $ - $ - 7 t 8 $ - $ - $ - T V V v V V v v V v v V i 9 $ - $ - $ - e 10 $ - $ - $ - i 11 $ - $ - $ - v 12 $ - V 13 $ - v 14 $ - i 15 $ - v 16 $ - V 17 $ - t 18 $ - t 19 $ - V 20 $ Notice Total: $0 $5,875,786 $3,397,653 $ 9,273,439 Proposed Excluded Class(es) of Carrier: ATCO/CAC Air Carriers with less than 10 seats. ATTACHMENT H Public Agency: Location: City of Corpus Christi, Texas Corpus Christi, Texas Page 2 Fill in all shaded areas Printed: 8/15/2016, 12:26 PM Project Description Terminal Information Physical Dates Pre PFC Action Post-PFC Action Prj No. Project Title ru CHIC Agency No. Detailed Project Description Project Start Project End Tkt Cntr Gates Bag Fac. Tkt Cntr Gates Bag Fac. 1 Runway 17/35; 600 ft. Extension and Associated Taxiways This project consists of the design and construction of secondary runway extension (150 ft. X 600 ft.; asphaltic concrete pavement), construct new taxiways: A, (75 ft. X 550 ft.; asphaltic concrete pavement), Al (75 ft. X 550 ft.; asphaltic concrete pavement), A2 (75 ft. X 550 ft.; asphaltic concrete pavement), A3 (75 ft. X 550 ft.; asphaltic concrete pavement) and A4 (75 ft. X 565 ft.; asphaltic concrete pavement) and L (75 ft. X 200 ft.; asphaltic concrete pavement); construct new blast pad (200 ft. X 200 ft.; asphaltic concrete pavement), construct new run-up pad (100 ft. X 400 ft.; asphaltic concrete pavement), rehabilitate (coal -tar sealant) the following existing pavements: runway and taxiways A, D, E, M, N, P and Q, relocation of all navigational aids, removal of existing taxiways A, Al, A2, and A3, install LED taxiways lights, install runway extension lights, install pavement markings and signage on runway and taxiway pavements. The total cost of this project is $20,395,281.00. The FAA provided under AIP Grant No. (s) 47 and 49 in the amount of $18,114,007.00. PFCs are anticipated to provide the following: Local Match ($2,281,274.00 = Bond Capital) and allocable Bond Financing & Interest ($1,319,139.00). This project is seeking reimbursement of local share to AIP grants and other costs. ( See cost sheet for cost details and project exhibit for locations). 10/29,2012 6/6/2014 Printed: 8/15/2016, 12:26 PM Project Description ATTACHMENT H Public Agency: Location: City of Corpus Christi, Texas Corpus Christi, Texas Page 2 Fill in all shaded areas Printed: 8/15/2016, 12:26 PM Project Description Terminal Information Physical Dates Pre PFC Action Post-PFC Action Prj No. Project Title F'U qI IC Agency No. Detailed Project Description Project Start Project End Tkt Cntr Gates Bag Fac. Tkt Cntr Gates Bag Fac. 2 Runway 13/31; 1000 ft. Extension and Associated Taxiways This project consists of the design and construction of primary runway extension (150 ft. X 1000 ft.; asphaltic concrete pavement), construct new taxiways: B (75 ft. X 475 ft.; asphaltic concrete pavement), B1 (75 ft. X 475 ft.; asphaltic concrete pavement), B2 (75 ft. X 475 ft.; asphaltic concrete pavement), B3 (75 ft. X 950 ft.; asphaltic concrete pavement), B5 (75 ft. X 475 ft. asphaltic concrete pavement), J (75 ft. X 500 ft.; asphaltic concrete pavement) and H (75 ft. X 350 ft; asphaltic concrete pavement); construct new blast pad (200 ft. X 200 ft.; asphaltic concrete pavement), construct new run-up pad (100 ft. X 400 ft.; asphaltic concrete pavement), rehabilitate (coal -tar sealant) the following existing pavements: runway and taxiways B, B4, G, and F, relocation of all navigational aids, removal of existing taxiways B, B1, B2 and B3, install LED taxiways lights, install runway extension lights, install pavement markings and signage on runway and taxiway pavements. The total cost of this project is $35,696,302.00. The FM provided under AIP Grant No. (s) 47, 50, 51 and 52 in the amount of $32,101,790.00. PFCs are anticipated to provide the following: Local Match ($3,594,512.00 = Bond Capital) and allocable Bond & Financing Interest ($2,078,515.00). This project is seeking reimbursement of local share to AIP grants and other costs. (See cost sheet for cost details and project exhibit for locations.) 5/15/2014 5/26/2016 3 0 4 0 5 0 6 0 7 0 8 0 9 0 10 0 11 0 12 0 13 14 15 16 17 18 Printed: 8/15/2016, 12:26 PM Project Description ATTACHMENT H Public Agency: Location: City of Corpus Christi, Texas Corpus Christi, Texas Page 2 Fill in all shaded areas Submit this worksheet with FAA Form 5500.1 If you have any questions about this worksheet, please contact your local Airports District Office Printed: 8/15/2016, 12:26 PM Project Description Terminal Information Physical Dates Pre-PFC Action Post-PFC Action Prj No. Project Title ru DI IC Agency No. Detailed Project Description Project Start Project End Tkt Cntr Gates Bag Fac. Tkt Cntr Gates Bag Fac. 20 Submit this worksheet with FAA Form 5500.1 If you have any questions about this worksheet, please contact your local Airports District Office Printed: 8/15/2016, 12:26 PM Project Description ATTACHMENT H Public Agency: Location: City of Corpus Christi, Texas Corpus Christi, Texas Page 3: Fill in all shaded areas Prj No. Project Title Any Disagree Describe Disagreement and Source Public Agency Reason For Proceeding 1 Runway 17/35; 600 ft. Extension and Associated Taxiways No 2 Runway 13/31; 1000 ft. Extension and Associated Taxiways No No v 3 0 4 0 No v 5 0 No v 6 0 No v 7 0 No v 8 0 No v 9 0 No v 10 0 No v 11 0 No v 12 0 v 13 v 14 v 15 v• 16 v 17 v 18 v 20 v Submit this worksheet with FAA Form 5500.1 If you have any questions about this worksheet, please contact your local Airports District Office Printed: 8/15/2016, 12:26 PM Disagreement ATTACHMENT H Public Agency: Location: City of Corpus Christi, Texas Corpus Christi, Texas Page 4: Fill in shaded area Prj No. Project Title Project Justification NtIA Finding rinamg Date Airspace Finding rinamg Date case Number Aur Finding rinsing Date 1 Runway 17/35; 600 ft. Extension and Associated Taxiways This project is needed to address runway safety issue mitigation improvements with respect to runway incursions occuring at the approaches of Runway 31 and 35 ends and convergence with Taxiway A. This project will eliminate the possibility of future runway incursions at this location by decoupling Runways 31 and 35 ends. The Runway Safety Action Team (ATO, CRP ATCT, Airports, FPO, CRP, etc.) prepared a "Safety Risk Management Documents, dated April 27, 2012. This document determined that decoupling these runway ends would permanently eliminate runway incursions (Hot Spots) at this location. In addition, the existing Taxiways A, Al, A2 and A3 were removed since they did not comply with AC 150/5300-13A, Airport Design since these taxiways were directly connected to the runway from terminal apron. Also, the newly construct Taxiways A, Al, A2, A3 and A4 were necessary to realign taxiway system to address the removed taxiways and provide a safer and more efficient taxiway system due to Runway 17/35's 600 ft. Extension. The newly constructed taxiways are in accordance with AC 150/5300-13A, Airport Design. =.. EA + + + . . . . . . 6/26/2012 Yes Yes + + + . w . . . . 4/26/2012 2012 -ASW- (1455 thru 1467) -NRA; 2012 -ASW - (1473 thru 1507) -NRA; Yes Yes + + . . . . 7/16/2007 2 Runway 13/31; 1000 ft. Extension and Associated Taxiways This project is needed to address runway safety issue mitigation improvements with respect to runway incursions occuring at the approaches of Runway 31 and 35 ends and convergence with Taxiway A. This project will eliminate the possibility of future runway incursions at this location by decoupling Runways 31 and 35 ends. The Runway Safety Action Team (ATO, CRP ATCT, Airports, FPO, CRP, etc.) prepared a "Safety Risk Management Documents, dated April 27, 2012. This document determined that decoupling these runway ends would permanently eliminate runway incursions (Hot Spots) at this location. In addition, the existing Taxiways B, B1, B2 and B3 were removed since they did not comply with AC 150/5300-13A, Airport Design since these taxiways were directly connected to runway from terminal apron. Also, the newly construct Taxiways B, B1, B2, B3 and B5 were necessary to realign taxiway system to address the removed taxiways and provide a safer and more efficient taxiway system due to Runway 13/13's 1000 ft. Extension. The newly constructed taxiways are in accordance with AC 150/5300-13A, Airport Design. 6/26/2012 5/15/2014 2014 -ASW- (2694 thru 2741) -NRA 7/16/2007 3 0 4 0 5 0 6 0 7 0 8 0 9 0 10 Printed: 8/15/2016, 12:26 PM 11 0 12 0 13 14 15 16 17 18 20 Submit this worksheet with FAA Form 5500.1 If you have any questions about this worksheet, please contact your local Airports District Office Printed: 8/15/2016, 12:26 PM Environmental & Non-AIP Just ATTACHMENT H Public Agency: Location: City of Corpus Christi, Texas Corpus Christi, Texas Page 5: For FAA Use rrj No. Project Title 1-1-u Level Each 158.17(a)(2) project project above $3 meets and (3), plus comments Other FAA Comments 1 Runway 17/35; 600 ft. Extension and Associated $4.50 v 2 Runway 13/31; 1000 ft. Extension and Associated $4.50 V 3 0 $0.00 y 4 0 $0.00 5 0 $0.00 y 6 0 $0.00 1r 7 0 $0.00 1r 8 0 $0.00 y 9 0 $0.00 10 0 $0.00 v 11 0 $0.00 v 12 0 $0.00 v 13 $0.00 1r 14 $0.00 V 15 $0.00 1r 16 $0.00 1r 17 $0.00 1r 18 $0.00 v v 20$0.00 Printed: 8/15/2016, 12:26 PM FAA Findings & Comments ATTACHMENT I Supplemental Information on Project Bond Financing Total Certificate of Obligation Amount - $6,000,000 Certificate of Obligation (CO) Term - 25 years Funding Source for CO Payback — Airport Operating Revenue Calculation of Eligible CO Debt Service 1. Table 1 shows the breakout of CO proceeds allocable to Project 3.01 and Project 3.02. 2. Table 2A shows the calculation of eligible bond financing and interest costs to Project 3.01, based on $2,281,274 of project costs (= bond capital). 3. Table 213 shows the calculation of eligible bond financing and interest costs to Project 3.02, based on $3,594,512 of project costs (= bond capital). Table 1 ELIGIBLE BOND CAPITAL AND FINANCING AND INTEREST COSTS BASED ON SOURCES AND USES OF FUNDING FOR SERIES 2012 CERTIFICATES OF OBLIGATION Proposed PFC Projects - CRP Application #3 Sources of Funds Certificates of Obligation - Series 2012 Uses of Funds Project Costs net of grants and PFCs Project to total Financing Costs Costs of Issuance Bond discount (premium) Total Uses of Funds Total I Project 3.01 1 Project 3.02 1 Ineligible $5,990,000 $2,277,471 $3,588,521 $124,007 $6,000,000 $2,281,274 $3,594,512 $124,214 38% 60% 2% $159,404 $60,607 $95,497 $3,300 (169,404) (64,410) (101,488) (3,507) ($10,000) ($3,803) ($5,991) ($207) $5,990,000 $2,277,471 $3,588,521 $124,007 Table 2A CALCULATION OF ELIGIBLE BOND CAPITAL AND FINANCING AND INTEREST COSTS - PROJECT 3.01 Proposed PFC Projects - CRP Application #3 Total Uses of Funds $5,990,000 $2,277,471 $3,588,521 $124,007 Year Total Project 3.01 1 Project 3.02 Ineligible Sources of Funds Principal Interest Total Bond Capital Financing Interest Total 2013 Certificates of Obligation - Series 2012 $5,990,000 $2,277,471 $3,588,521 $124,007 Uses of Funds 93,758 2014 - 236,100 Project Costs net of grants and PFCs $6,000,000 $2,281,274 $3,594,512 $124,214 Project to total 165,000 38% 60% 2% Financing Costs 88,200 150,934 2016 170,000 Costs of Issuance $159,404 $60,607 $95,497 $3,300 Bond discount (premium) (169,404) (64,410) (101,488) (3,507) 68,552 ($10,000) ($3,803) ($5,991) ($207) Total Uses of Funds $5,990,000 $2,277,471 $3,588,521 $124,007 Year Total annual debt service Amount allocable to Project 3.01 Principal Interest Total Bond Capital Financing Interest Total 2013 246,593 246,593 93,758 93,758 2014 - 236,100 236,100 - - 89,768 89,768 2015 165,000 231,975 396,975 62,839 (105) 88,200 150,934 2016 170,000 223,600 393,600 64,744 (108) 85,015 149,651 2017 180,000 214,850 394,850 68,552 (114) 81,689 150,127 2018 190,000 205,600 395,600 72,361 (121) 78,172 150,412 2019 200,000 196,850 396,850 76,169 (127) 74,845 150,887 2020 205,000 188,750 393,750 78,074 (130) 71,765 149,709 2021 215,000 180,350 395,350 81,883 (137) 68,571 150,317 2022 225,000 171,550 396,550 85,691 (143) 65,225 150,773 2023 230,000 163,600 393,600 87,595 (146) 62,203 149,652 2024 240,000 156,400 396,400 91,403 (152) 59,465 150,716 2025 245,000 148,669 393,669 93,308 (156) 56,526 149,678 2026 255,000 140,544 395,544 97,116 (162) 53,436 150,390 2027 260,000 132,013 392,013 99,020 (165) 50,193 149,048 2028 270,000 123,069 393,069 102,828 (171) 46,792 149,449 2029 280,000 113,613 393,613 106,637 (178) 43,197 149,656 2030 290,000 103,638 393,638 110,446 (184) 39,404 149,666 2031 300,000 93,125 393,125 114,254 (190) 35,407 149,471 2032 310,000 82,069 392,069 118,063 (197) 31,204 149,070 2033 320,000 70,450 390,450 121,871 (203) 26,786 148,454 2034 335,000 56,075 391,075 127,584 (213) 21,320 148,691 2035 350,000 - 350,000 133,296 (222) - 133,074 2036 370,000 370,000 140,914 (235) 140,679 2037 385,000 385,000 146,626 (244) 146,382 $ 5,990,000 $ 3,479,481 $ 9,469,481 $ 2,281,274 $ (3,803) $ 1,322,941 $ 3,600,412 BOND FINANCING AND INTEREST Bond Financing Costs $ (3,803) Bond Interest Costs 1,322,941 $ 1,319,138 BOND CAPITAL 2,281,274 TOTAL ELIGIBLE PROJECT REIMBURSEMENT -PROJECT 3.01 $ 3,600,412 Table 2B CALCULATION OF ELIGIBLE BOND CAPITAL AND FINANCING AND INTEREST COSTS - PROJECT 3.02 Proposed PFC Projects - CRP Application #3 Total Uses of Funds $5,990,000 $2,277,471 $3,588,521 $124,007 Year Total Project 3.01 1 Project 3.02 Ineligible Sources of Funds Principal Interest Total Bond Capital Financing Interest Total 2013 Certificates of Obligation - Series 2012 $5,990,000 $2,277,471 $3,588,521 $124,007 Uses of Funds 147,730 2014 - 236,100 Project Costs net of grants and PFCs $6,000,000 $2,281,274 $3,594,512 $124,214 Project to total 165,000 38% 60% 2% Financing Costs 138,973 237,822 2016 170,000 Costs of Issuance $159,404 $60,607 $95,497 $3,300 Bond discount (premium) (169,404) (64,410) (101,488) (3,507) 108,015 ($10,000) ($3,803) ($5,991) ($207) Total Uses of Funds $5,990,000 $2,277,471 $3,588,521 $124,007 Year Total annual debt service Amount allocable to Project 3.02 Principal Interest Total Bond Capital Financing Interest Total 2013 246,593 246,593 147,730 147,730 2014 - 236,100 236,100 - - 141,444 141,444 2015 165,000 231,975 396,975 99,015 (166) 138,973 237,822 2016 170,000 223,600 393,600 102,015 (170) 133,955 235,800 2017 180,000 214,850 394,850 108,015 (180) 128,713 236,548 2018 190,000 205,600 395,600 114,016 (190) 123,172 236,998 2019 200,000 196,850 396,850 120,017 (200) 117,930 237,747 2020 205,000 188,750 393,750 123,017 (205) 113,077 235,889 2021 215,000 180,350 395,350 129,018 (215) 108,045 236,848 2022 225,000 171,550 396,550 135,019 (225) 102,773 237,567 2023 230,000 163,600 393,600 138,020 (230) 98,010 235,800 2024 240,000 156,400 396,400 144,020 (240) 93,697 237,477 2025 245,000 148,669 393,669 147,021 (245) 89,065 235,841 2026 255,000 140,544 395,544 153,022 (255) 84,198 236,965 2027 260,000 132,013 392,013 156,022 (260) 79,087 234,849 2028 270,000 123,069 393,069 162,023 (270) 73,729 235,482 2029 280,000 113,613 393,613 168,024 (280) 68,064 235,808 2030 290,000 103,638 393,638 174,025 (290) 62,088 235,823 2031 300,000 93,125 393,125 180,026 (300) 55,790 235,516 2032 310,000 82,069 392,069 186,026 (310) 49,166 234,882 2033 320,000 70,450 390,450 192,027 (320) 42,206 233,913 2034 335,000 56,075 391,075 201,029 (335) 33,594 234,288 2035 350,000 - 350,000 210,030 (350) - 209,680 2036 370,000 370,000 222,032 (370) 221,662 2037 385,000 385,000 231,033 (385) 230,648 $ 5,990,000 $ 3,479,481 $ 9,469,481 $ 3,594,512 $ (5,991) $ 2,084,506 $ 5,673,027 BOND FINANCING AND INTEREST Bond Financing Costs $ (5,991) Bond Interest Costs 2,084,506 $ 2,078,515 BOND CAPITAL 3,594,512 TOTAL ELIGIBLE PROJECT REIMBURSEMENT -PROJECT 3.02 $ 5,673,027 SC o� Va. v AGENDA MEMORANDUM NcoRPOPp�EO Future Item for the City Council Meeting September 13, 2016 1852 Action Item for the City Council Meeting of September 20, 2016 DATE: August 22, 2016 TO: Margie C. Rose, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Interlocal Agreement for the development of a Regional Hazard Mitigation Plan CAPTION: Motion authorizing the City Manager or designee to execute an Interlocal Agreement between the City, Nueces County and other participating local governments for the development of a Regional Hazard Mitigation Plan with a financial commitment not to exceed $6,500 for the development of the plan. PURPOSE: Authorize the City Manager or designee to execute an Interlocal Agreement between the City, Nueces County and other participating local governments for the development of a Regional Hazard Mitigation Plan with a financial commitment not to exceed $6,500 for the development of the plan. BACKGROUND AND FINDINGS: Due to recent policy changes, the Council of Governments is no longer allowed to participate in a regional plan as we had in the past with the Coastal Bend Mitigation Action Plan. This makes it necessary to develop a plan specific to the needs of Nueces County. Nueces County received a grant from the Federal Emergency Management Agency through the Texas Division of Emergency Management (DEM) to prepare a multi -jurisdictional hazard mitigation plan in accordance with 44 FEMA requirements at 44.C.F.R. 201.6. Mitigation plans form the foundation for a community's long-term strategy to reduce disaster losses and break the cycle of disaster damage, reconstruction, and repeated damage. The Participating Jurisdictions in a mitigation planning process would benefit by: • identifying cost effective actions for risk reduction; • directing resources on the greatest risks and vulnerabilities; • building partnerships by involving people, organizations, and businesses; • increasing education and awareness of hazards and risk; • aligning risk reduction with other community objectives; and • providing eligibility to receive federal hazard mitigation grant funding. The proposed Interlocal Agreement establishes the responsibilities of all parties. The agreement identifies the work to be performed by each participating jurisdiction. Planning tasks, schedules, and finished products are identified in the Work Program and Schedule. The City will be a part of the planning committee and part of selection committee to select the consultant hired to update plan. The plan created as a result of this agreement will be presented to the governing body of each participating jurisdiction for adoption. The grant amount is based on how many jurisdictions participate in the planning process. The base plan is $60,000; plus another $6,000 for each of six participating jurisdictions and $15,000 for one participating special district. Therefore, the grant request totaled $111,000 ($60,000+$36,000+$15,000). The federal share (2/3rds) will be $83,250 with a required match (1 /3,d) of $27,750. The County's match will be provided through RESTORE funding, if awarded. Otherwise, the match will be provided through the participating jurisdictions as follows: Nueces County $6,750 City of Corpus Christi $6,500 Port Authority of Corpus Christi $6,500 City of Port Aransas $2,000 City of Robstown $2,000 City of Bishop $1,000 (Paid by Nueces County) City of Driscoll $1,000 (Paid by Nueces County) City of Agua Dulce $1,000 (Paid by Nueces County) City of Petronila $1,000 (Paid by Nueces County) The City's financial commitment to participate in the multi -jurisdictional hazard mitigation plan is a maximum of $6,500 and will come from the Environmental and Strategic Initiatives Department Fiscal Year 2016 budget. If the City were to undertake the task of updating its hazard mitigation plan on its own by contracting for a consultant, it would likely cost significantly more than $6,500. The City participates in the National Flood Insurance Program's (NFIP) Community Rating System (CRS), which is a voluntary incentive program that recognizes and encourages community floodplain management activities that exceed the minimum NFIP requirements. All NFIP communities are required to have a hazard mitigation plan. As a CRS community, the City must update its hazard mitigation plan annually. Non -CRS communities have to update their plans every five years. The last regional plan was adopted in 2011 and the City has been providing annual updates, as required by CRS. The City's deadline to submit its updated plan is Sept 1, 2017. In order to meet the CRS -mandated deadline, the agreement work plan for the City, including the required public and stakeholder outreach, will require the completion of the City's relevant tasks by May 2017. The City's plan could be submitted separately from the County's and other participating municipalities. Updating the City's hazard mitigation plan will require a team effort through the active participation of numerous departments, including Fire Department/Emergency Operations Center, Environmental and Strategic Initiatives, Parks and Recreation, Engineering (including Traffic Engineering), Utilities, Public Works (Streets and Stormwater), Facilities, Intergovernmental Relations and the City Attorney. Nueces County is anticipated to consider adopting the agreement no later than mid-September. Once it is adopted, the County will go out for bids to hire a qualified contractor and approve the contract by September 30. ALTERNATIVES: Do not adopt the agreement. Go it alone without other governments and hire a consultant to develop the updated hazard mitigation plan, which will cost considerably more than $6,500 OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The agreement being proposed is consistent with past interlocal agreements and has been approved by the City Attorney's office. These funds are available and budgeted for the 2017 fiscal year. EMERGENCY / NON -EMERGENCY: This is a non -emergency item. DEPARTMENTAL CLEARANCES: City Manager City Attorney Finance Environmental and Strategic Initiatives Fire Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital Not applicable Fiscal Years: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Year FYs 17-18 TOTALS Line Item Budget $6,500 $6,500 Encumbered / Expended Amount $6,500 $6,500 This item BALANCE Fund(s): Environmental and Strategic Initiatives, 4010-30030-074 Comments: None RECOMMENDATION: Staff recommends approval of the Interlocal Agreement and a financial commitment not to exceed $6,500 LIST OF SUPPORTING DOCUMENTS: 1. DRAFT Interlocal Agreement 2. NFIP CRS information sheet 3. FEMA Award letter to Texas Division of Emergency Management 4. DEM Subaward letter to Nueces County Judge Loyd Neal, Jr. 5. Tentative timeline 6. HMAP Planning Team Roster Interlocal Agreement For Hazard Mitigation Action Plan THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES Pursuant to the Interlocal Cooperation Act, Chapter 791, Texas Government Code, this interlocal agreement ("Agreement") is entered into between participating jurisdictions (Participating Jurisdictions) as follows: Nueces County, City of Agua Dulce, City of Bishop, City of Driscoll, City of Petronila, City of Port Aransas, City of Robstown, City Of Corpus Christi, and Port of Corpus Christi Authority. WHEREAS, Nueces County applied for and received a grant through the Texas Department of Public Safety to develop a multijurisdictional hazard mitigation action plan ("Grant"), and, WHEREAS, the Grant provides for certain local governmental entities within Nueces County to participate in developing this Hazard Mitigation Action Plan, and, WHEREAS, Chapter 791 of the Texas Government Code allows for local governments to contract with each other to provide a governmental function, such as public health and welfare, or service that each party to the contract can perform individually; WHEREAS, each Participating Jurisdiction has the authority to develop a Hazard Mitigation Action Plan; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: Section 1. Purpose The purpose of this INTERLOCAL is to establish commitment from and a cooperative working relationship between all Participating Jurisdictions in the development and implementation of the Hazard Mitigation Action Plan. In addition, the intent of this INTERLOCAL is to ensure that the multi jurisdictional hazard mitigation plan is developed in accordance with Title 44 of the Federal Code of Regulations (CFR) Part 201.6; that the planning process is conducted in an open manner involving community stakeholders; that it is consistent with each participating jurisdiction's policies, programs and authorities; and it is an accurate reflection of the community's values. This INTERLOCAL sets out the responsibilities of all parties. The INTERLOCAL identifies the work to be performed by each participating jurisdiction. Planning tasks, schedules, and finished products are identified in the Work Program and Schedule. The plan created as a result of this INTERLOCAL will be presented to the governing body (Planning Commission, City Council and or Board of Commissioners) of each participating jurisdiction for adoption. Section 2. Background Mitigation plans form the foundation for a community's long-term strategy to reduce disaster losses and break the cycle of disaster damage, reconstruction, and repeated damage. The Participating Jurisdictions in a mitigation planning process would benefit by: • identifying cost effective actions for risk reduction; • directing resources on the greatest risks and vulnerabilities; • building partnerships by involving people, organizations, and businesses; • increasing education and awareness of hazards and risk; • aligning risk reduction with other community objectives; and • providing eligibility to receive federal hazard mitigation grant funding. Nueces County has received through the Texas Department of Public Safety the Grant from the Federal Emergency Management Agency to prepare a multi jurisdictional hazard mitigation plan in accordance with FEMA requirements at 44.C.F.R. 201.6. Section 3. Planning Team Responsibilities Nueces County will act as the Lead Community, and will assign a Chairperson of the Planning Team for the Hazard Mitigation Action Plan. The Participating Jurisdictions authorize Nueces County to manage and facilitate the planning process in accordance with the Work Program and Schedule, herein attached an incorporated in its entirety as Exhibit A. The Participating Jurisdictions understand that representatives must engage in the following planning process, as more fully described in the Local Mitigation Planning Handbook (FEMA, 2012), including, but not limited to: • Further develop the Work Program and Schedule with the Planning Team • Organize and attend regular meetings of the Planning Team. • Assist the Planning Team with developing and conducting an outreach strategy to involve other planning team members, stakeholders, and the public, as appropriate to represent their Jurisdiction. • Identify community resources available to support the planning effort, including meeting spaces, facilitators, and media outlets. • Provide data and feedback to develop the risk assessment and mitigation strategy, including a specific mitigation action plan for their Jurisdiction. • Submit the draft plan to their Jurisdiction for review. • Work with the Planning Team to incorporate all their Jurisdiction's comments into the draft plan. Submit the draft plan to their respective governing body for consideration and adoption. After adoption, coordinate a process to monitor, evaluate, and work toward plan implementation. Section 4. Planning Team The following points of contacts and alternatives as set out on Exhibit B, herein attached and incorporated in its entirety, are authorized on behalf of the governing bodies to participate as members of the Planning Team for the Hazard Mitigation Action Plan. Section 5. INTERLOCAL Implementation This INTERLOCAL will be in effect from the date of signature by all parties, will remain in effect through the duration of the planning process, and will terminate after adoption of the final FEMA -approved mitigation plan by all participating jurisdictions, or 5 years after FEMA approval, whichever is earlier. It may be terminated prior to that time for any Participating Jurisdiction by giving 60 days written notice. This INTERLOCAL is to be implemented through Exhibit A, Work Program and Schedule, and any addendums that describe specific activities, programs, and projects, and if necessary, funding by separate instrument. Section 6. Matching funds. Participating Jurisdictions will provide a total of $27,750.00 in matching funds for development of this Hazard Mitigation Action Plan. Grant matching funds will be provided as follows: Nueces $6,750.00 Corpus Christi $6,500.00 Port Authority $6,500.00 Port Aransas $2,000.00 Robstown $2,000.00 Bishop $1,000.00 Driscoll $1,000.00 Agua Dulce $1,000.00 Petronila $1,000.00 Funds will be provided in one lump sum directly to Nueces County by March 31, 2017. In the alternative, Participating Entities can provide documentation that supports time/resource expenditure equal to the value of the cash match. All documentation must be compliant with and acceptable to the Grant source in order to substitute for cash match. All documentation deadlines as set out by Nueces County must be strictly observed. Section 7. Current Revenues Each party paying for the performance of governmental services pursuant to this Agreement must make those payments from current revenues available to the paying party - Section 8. Compliance with Laws All parties agree to comply with all applicable city, state, and federal laws, regulations, and rules that may pertain to each party's performance under this Agreement. Section 9. Amendment This Agreement may be amended only by written agreement approved by each respective governing body. Section 10. Independent Contractor This Agreement will not be construed as creating an employer/employee relationship between Participating Entities. Section 11. Venue Venue for resolution by a court of competent jurisdiction of any dispute arising under the terms of this Agreement, or for enforcement of the provisions of this Agreement, is specifically set by Agreement of the parties in Nueces County, Texas. Section 12. Entirety Clause This Agreement and any exhibits annexed hereto contain the entire understanding and agreement between the parties, and no oral statements or representations or prior written matter not contained in this Agreement shall have any force and effect. EXECUTED on the dates indicated below binding the respective parties as of the last date of execution below. NUECES COUNTY By: County Judge Attest: By: County Clerk Date: LOW Attest: UOIN Date: Community Rating System The National Flood Insurance Program (NFIP) Community Rating System (CRS) was implemented in 1990 as a voluntary program for recognizing and encouraging community floodplain management activities exceeding the minimum NFIP standards. Any community in full compliance with the minimum NFIP floodplain management requirements may apply to join the CRS. 1,391 Communities Participate in the CRS Nearly 3.8 million policyholders in 1,391 communities participate in the CRS by implementing local mitiga- tion, floodplain management, and outreach activities that exceed the minimum NFIP requirements. Under the CRS, flood insurance premium rates are discounted to reward community actions that meet the three goals of the CRS, which are: (1) reduce flood damage to insurable property; (2) strengthen and support the insurance aspects of the NFIP; and (3) encourage a comprehensive approach to floodplain management. Although CRS communities represent only 5 percent of the over 22,000 communities participating in the NFIP, more than 69 percent of all flood insurance policies are written in CRS communities. CRS Classes The CRS uses a Class rating system that is similar to fire insurance rating to determine flood insurance premium reductions for residents. CRS Classes* are rated from 9 to 1. Today, most communities enter the program at a CRS Class 9 or Class 8 rating, which entitles residents in Special Flood Hazard Areas (SFHAs) to a 5 percent discount on their flood insurance premiums for a Class 9 or a 10 percent discount for Class 8. As a community * CRS Class changes occur on May 1 and October 1 of each year. The data contained in this fact sheet were current through May 2016. May 2016 engages in additional mitigation activities, its residents become eligible for increased NFIP policy premium discounts. Each CRS Class improvement produces a 5 percent greater discount on flood insurance premiums for properties in the SFHA. "FEMA's mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards." CRS Credit A community accrues points to improve its CRS Class rating and can receive increasingly higher discounts. Points are awarded for engaging in any of 19 creditable activities, organized under four categories: • Public information • Mapping and regulations • Flood damage reduction • Warning and response. Formulas and adjustment factors are used to calculate credit points for each activity. The communities listed below are among those that have qualified for the greatest premium discounts: Class l: Roseville, California Class 2: Tulsa, Oklahoma King County, Washington Pierce County, Washington Fort Collins, Colorado Class 3: Sacramento County, California Ocala, Florida Louisville -Jefferson County, Kentucky Class 4: Charleston County, South Carolina Maricopa County, Arizona Thurston County, Washington Benefits of the CRS Lower cost flood insurance rates are only one of the rewards a community receives from participating in the CRS. Other benefits include: • Citizens and property owners in CRS communities have increased opportunities to learn about risk, evaluate their individual vulnerabilities, and take action to protect themselves, as well as their homes and businesses. • CRS floodplain management activities provide enhanced public safety, reduced damage to property • Technical assistance in designing and implementing some activities is available to community officials at no charge • CRS communities have incentives to maintain and improve their flood programs over time. • Communities can evaluate the effectiveness of their flood programs against a nationally recognized benchmark. How to Apply To apply for CRS participation, a community must initially inform the Federal Emergency Management Agency (FEMA) Regional Office of its interest in applying to the CRS and will eventually submit a CRS application, along with documentation that shows it is implementing the activities for which credit is requested. The application is submitted to the Insurance Services Office, Inc. (ISO)/CRS Specialist. ISO works on behalf of FEMA and insurance companies to review CRS applications, verify communities' credit points, and perform program improvement tasks. A community's activities and performance are reviewed during a verification visit. FEMA establishes the credit to be granted and notifies the community, the State, insurance companies, and other appropriate parties. Each year, the community must verify that it is continu- ing to perform the activities that are being credited by the CRS by submitting an annual recertification. In addition, a community can continue to improve its Class rating by undertaking new mitigation and floodplain management activities that earn even more points. CRS Training CRS Specialists are available to assist community officials in applying to the program and in designing, implementing, and documenting the activities that earn even greater premium discounts. A week-long CRS course for local officials is offered free at FEMA's Emergency Management Institute (EMI) on the National Emergency Training Center campus in Emmitsburg, Maryland, and can be field deployed in interested states. A series of webinars is offered throughout the year. For More Information A list of resources is available at the CRS website: www.fema.aov/national-flood-insurance-oroaram-2/communitv- rating system. For more information about CRS or obtain the CRS application, contact Insurance Services Office by phone at (317) 848-2898 or by email at nfipers@iso.com. "FEMA's mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards." June 15, 2016 W. Nim Kidd, CEM U.S. Department of Homeland Security, Region VI 800 N. Loop 288 Denton, TX 76209-3698 Q,PARTAf . fl"'mA50� G��tAND SEGJ4� JUN 2 0 2016 Assistant Director, Texas Department of Public Safety DEM Chief Texas Division of Emergency Management AD", OFFICE P.O. Box 4087 Austin, TX 78773-0220 RE: FEMA -4223 -DR -TX, Project #008 Nueces County Mitigation Plan Project Dear Chief Kidd: We are pleased to announce the approval of funds for the Nueces County Mitigation Plan Project. Federal funding for this project, in the amount of $83,250, is available through the Hazard Mitigation Grant Program (HMGP) under FEMA -4223 -DR -TX. The actions identified in the project application have been categorically excluded (CATEX) from the need to prepare an Environmental Assessment or an Environmental Impact Statement in accordance with 44 CFR 10.8(d)(2). The following financial reports are enclosed for your files: Obligations Report Funding Estimate Financial Activity Report These reports should be utilized in the review of funds for the approved project. The Obligation Report contains information pertaining to the total funded amount and project amount. Once drawn down by the recipient, the funds must be distributed in this manner. As you are aware, quarterly progress reports for the HMGP are required in accordance with 44 CFR 206.438(c). Please include this project in future reporting. As stated in the application, completion and closeout of the project is expected within 36 months of project approval and funding. If, due to extenuating circumstances, the project cannot be completed within this period, the sub recipient, through the recipient, must request an extension to the period of performance. The application period for FEMA -4223 -DR -TX ended on May 29, 2016. The application period is important because scope of work changes cannot be made after the application period expires without prior written approval from FEMA. No new activities or activities that hayo MITIGATION SECTION www.fema.gov Chief Kidd June 15, 2016 Page 2 pre -identified, approved, and submitted during the application period can be considered after the application period expires. If you have any questions regarding this information, please contact Donnie Walsh, Acting HMA Branch Chief, at (940) 898-5207 or donetta.walsh@fema.dhs.gov. Sincerely, Sandra Keefe Mitigation Division Director Enclosures cc: Mitch Osburn, Section Administrator 06/08/2016 FEDERAL EMERGENCY MANAGEMENT AGENCY 2:41 PM HAZARD MITIGATION GRANT PROGRAM Funding Estimate Financial Activity Report Disaster Number: 4223 State: TX Region: 6 Declaration Date: 05/29/2015 Grantee : Statewide Total Allocated Projected in NEMIS A B HMGP Project Funds 1 $29,982,520! 1 $11570,47811 Regular Projects $26,384,61811 $011 Initiative Projects I $1,499,12611 $147,63811 Planning Projects ( $2,098,7761 1 $1,422,84011 Subtotal $29,982,52011i $1,570,478! State Management Cost $1,466,14511 $0 TOTALS $31,448,665 1 $1,570,478! $1,466,145 $O1 $1,466,14511 $29,878,187 $1,570,478! ! $29,878,18 For disasters declared on or after 11/13/2007: HMGP Project funds = Regular Projects + Initiative Projects + Planning Projects. State Management Cost is separate from the HMGP Project Funds. Page 1 of 1 HMGP-FE-01 Total Obligated Available in NEMIS Available C(A - B) D E (A - D) $28,412,042 $1,570,4781 $28,412,042! $26,384,618 $0 $26,384,61811 $1,351,488 $147,6381 $1,351,4881 $675,936 $1,422,8401 $675,9361 $28,412,042 $1,570,478! $28,412,04ti $1,466,145 $O1 $1,466,14511 $29,878,187 $1,570,478! ! $29,878,18 For disasters declared on or after 11/13/2007: HMGP Project funds = Regular Projects + Initiative Projects + Planning Projects. State Management Cost is separate from the HMGP Project Funds. Page 1 of 1 HMGP-FE-01 06%08/2016 FEDERAL EMERGENCY MANAGEMENT AGENCY 2:57 PM HAZARD MITIGATION GRANT PROGRAM Obligation Disaster FEMA Amendment State Action Supplemental No Project No No Application ID No No State 4223 8-P 0 30 1 8 TX Statewide Subgrantee: Nueces (County) Project Title : Nueces County LMAP Subgrantee FIPS Code: 355-99355 TotalAmount Total Amount Previously Allocated Previously Obligated $83,250 $83,250 ProjectAmount Grantee Admin Est $83,250 $0 Comments Date: 06/06/2016 User Id: CDILL4 Comment: Project approved Authorization Preparer Name: CONNIE DILL HMO Authorization Name: DONETTA WALSH TotalAmount Total Amount Available Pending Obligation for New Obligation $0 $0 Grantee HMGP-OB-01 Subgrantee Admin Est Total Obligation IFMIS Date IFMIS Status FY $0 $83,250 06/06/2016 Accept 2016 Preparation Date: 06/06/2016 HMO Authorization Date: 06/06/2016 Page 1 of 1 Nueces County Subaward DR -4223-008 — Page 1 TEXAS DEPARTMENT OF PUBLIC SAFETY 5805 N. LAMAR BLVD. — BOX 4087 — AUSTIN, TEXAS 78773-0220 k of p 512/424-2000 www.dps.texas.gov I STEVEN C. McCRAW DIRECTOR DAVID G. BAKER ROBERT J. BODISCH, SR. DEPUTY DIRECTORS August 26, 2016 The Honorable Samuel L. Neal, Jr. Nueces County Judge 901 Leopard Street, Room 303 Corpus Christi, TX 78401-3602 DUNS Number 078495025 TINS Number 74-6000585 FIPS Number 355-99355-00 RE: Hazard Mitigation Grant Program, DR -4223, Memorial Day 2015 Flooding Catalog of Federal Domestic Assistance (CFDA) 97-039 FEMA Project Number: DR -4223-008 Project Title: Nueces County Multi -jurisdictional Mitigation Action Plan Period of Performance June 15, 2016 to June 15, 2018 COMMISSION A. CYNTHIA LEON, CHAIR MANNYFLORES FAITH JOHNSON STEVEN P. MACH RANDY WATSON The DR -4223-008 Nueces County Multi -jurisdictional Mitigation Action Plan subgrant has been awarded by Texas Division of Emergency Management (TDEM). DR -4223-008 Version / Total Subgrant Federal Federal Cost Local Cost Local Cost Amendment Date Amount Cost Share Percentage Share Amount Share Percentage Share Amount 0 06/06/2016 $111,000 75% $83,250 25% $27,750 This award is not for Research or Development as defined in 2 CFR 200.87. No indirect costs are available with this award. Direct Administrative Costs are allowable as outlined in the project scope. A copy of the approved scope of work is attached. Terms and conditions of this award are also attached. Signing and returning this award letter indicates Subrecipient's acceptance of the scope of the subaward, the ability to pay the state match and all grant terms and conditions outlined in the attached documents. EQUAL OPPORTUNITY EMPLOYER COURTESY - SERVICE - PROTECTION Nueces County Subaward DR -4223-008 — Page 2 Acceptance of the subaward must be returned to TDEM before payment on the subaward can be processed. It is important that the Subrecipient read, understand and comply with the scope and all terms and conditions. It is also vital that this information be disseminated to Subrecipient's staff and contractors that are involved in work related to administrative support or administration of the subgrant. If changes are needed to the scope of the subaward, period of performance or costs associated to the subaward, the Subrecipient should immediately contact TDEM. No change will be considered made to the subaward until the Subrecipient is notified in writing by TDEM. Please sign below to acknowledge acceptance of this subaward and agreement to abide by all terms and conditions. Designated Subrecipient Agent Date Should you wish to appeal any determination related to this subaward you must do so within 60 days of receipt of the notice of the action. You will need to provide your appeal with any documentation supporting your position to your assigned TDEM project officer within the allotted time. If you have any questions please contact Paula Logan, State Hazard Mitigation Officer at (512) 424-2642 or email at paula.logan@dps.texas.gov. Sincerely, W. Nim Kidd, CEM ° Chief Texas Division of Emergency Management Assistant Director Texas Homeland Security Texas Department of Public Safety ATTACHMENTS: Scope of Work (FEMA Project Worksheet) Grant Terms and Condition EQUAL OPPORTUNITY EMPLOYER COURTESY - SERVICE - PROTECTION SCOPE OF WORK Introduction: Nueces County is located in the Coastal Bend Region of Texas. It is 1,166 square miles with a population of 356,107. There are 8 incorporated cities located in the county with 12 independent school districts. The Port of Corpus Christi is the fifth largest port in the United States in total tonnage. In 2011, marine cargo activity at the public and private terminals generated a total of $13.1 billion of total economic activity in the State of Texas. Jurisdiction Nueces County unincorporated Agua Dulce Aransas Pass (Partial) Bishop Corpus Christi (County Seat) Driscoll Petronila Port Aransas Robstown Population (2014) Size — Sq Mi 11,646 666.9 825 7.8 14 1.0 3,170 2.4 320,434 460.0 757 1.1 115 1.8 3,876 12.5 11,657 12.1 Agua Dulce ISD serves students from City of Agua Dulce and surrounding unincorporated areas. They have one elementary school and one high school. Banquete ISD serves students from the unincorporated area of Banquete. They have one elementary school, one middle school and one high school. Bishop Consolidated SD serves students from the City of Bishop and surrounding unincorporated areas. They have three elementary schools, one middle school, and one high school. Calallen ISD serves students from the cities of western Corpus Christi and surrounding unincorporated areas. They have three elementary schools, one middle school, and one high school. Corpus Christi ISD serves students from the City of Corpus Christi. They have forty elementary schools, twelve middle schools, and ten high schools. Driscoll ISD serves students from the City of Driscoll and surrounding unincorporated areas. They have one campus serving K -8 t" grade. Flour Bluff ISD serves students from the southern Corpus Christi and areas of Padre Island. They have three elementary schools, two middle schools, and two high schools. London ISD serves students from the unincorporated Nueces County. They have one elementary school, one middle school and one high school. Port Aransas ISD serves students from the City of Port Aransas.. They have two elementary schools, one middle school, and one high school. Robstown ISD serves students from the City of Robstown and surrounding unincorporated areas. They have four elementary schools, two middle schools, and two high schools. Tuloso-Midway ISD serves students from the western Corpus Christi and surrounding unincorporated areas. They have two elementary schools, two middle schools, and two high schools. West Oso ISD serves students from the western Corpus Christi and surrounding unincorporated areas. They have three two elementary schools, one middle school, and one high school. Total public school count 112. Total enrolled students 60,492. (Source: Texas Education Agency) 1. Scope of Work: a. Nueces County intends to contract with a qualified consultant to assist the staff in the development of a new Hazard Mitigation Action Plan. The Plan will set the stage for long-term disaster resistance through the identification of mitigation actions. The purpose of the Plan is to reduce potential losses from future disasters. The Plan will identify natural hazards that impact the county and participating jurisdictions. It will focus on mitigation strategies and measures, and establish a coordinated process for implementation. The development of this plan is an effort to reduce suffering, loss of life and damage to property resulting from hazardous conditions in Nueces County. b. The proposed Nueces County Hazard Mitigation Action Plan will cover the unincorporated areas of the county and any participating cities. Letters of intent were received from the City of Agua Dulce, City of Bishop, City of Driscoll, City of Petronila City of Port Aransas, City of Robstown and Port of Corpus Christi Authority. The City of Corpus Christi has expressed interest in participation but unable to provide letter of intent by prior to submission deadline. We also intend to extend the offer to participate to school districts. 2. Critical Requirements: a. The finished plan will meet or exceed the Final Rule of Local Mitigation Planning in 44 CFR 201.6. b. Natural hazards assessed by the plan will be coordinated with current FEMA approved version of the State Hazard Mitigation Plan. c. The plan will be completed including full FEMA approved no later than 24 months from the date of the grant award. d. Nueces County will submit the plan with a completed review checklist to the State no later than eight months prior to the end of the original performance period for State review and submission to FEMA for approval. e. Once a contract has been awarded for the writing of the plan a copy will be forwarded to TDEM with the first quarterly report. 3. Consultant Services Requirements: a. Identify, review and analyze existing natural hazards in the unincorporated areas of Nueces County and any participating jurisdictions. b. Host a service of Nueces County interactive workshops, to include, but not limited to mitigation strategy and capability and risk assessment workshops, which involve the identification and review of existing plans, policies and programs such as land use, plans, flood control programs, natural resource studies, subdivision regulations, post -disaster public assistance grants, and capital improvements plans. c. Collect and analyze data to evaluate the potential for natural hazards in the County. Information will be obtained on area history, property, status, infrastructure, land use and other relevant and related studies. d. Provide the County with update progress reports, data analysis, modeling and plan development with FEMA reporting. All soft match contributions will be tabulated by the consultant and submitted with the updates and final reports. e. Develop a draft copy of the Hazard Mitigation Action Plan for review by the County and State to include all required sections by FEMA and input from the community. The consultant will present the final Hazard Mitigation Action Plan to Commissioners' Court for approval and adoption and to the participating jurisdictions. The County will submit to the state the final plan for their review and approval. f. Materials and labor costs will be specific and considered reasonable. g. Provide printed and bound copies of the final Hazard Mitigation Action Plan, to include electronic copies of the plan on CD and a written summary of the process by which the final plan was developed to include meeting schedules, agendas, notes, roster of attendees and soft match contributions by the County to meet the requirements of the FEMA HMGP award. 4. Planning Process: a. Public Involvement: the planning process will be in coordination with the consultant, assigned emergency Management staff, agencies, participating jurisdictions, and the community. The process will include an opportunity for public comments during the plan's drafting stage and prior to plan approval at. At Minimum, two public meeting will be scheduled to allow input from the public. The public meetings will be advertised in the local newspapers. The County, in coordination with the consultant, will also provide an opportunity for neighboring communities, local and regional agencies involved in hazard mitigation activities, and agencies that have the authority to regulate development, as well as businesses, academia and other private and non-profit interest to be involved in the planning process, and regulate development. Several meetings with agencies will be held to gather data information. b. Hazard Identification and Risk Assessment: The planning process will include a risk assessment that will provide factual basis for activities proposed to reduce losses from identified hazards. It will have sufficient information to enable the county and participating jurisdictions to identify and prioritize appropriate mitigation actions to reduce losses from identified hazards. The risk assessment will include a description of the jurisdiction's vulnerability to the hazards described and the impact on the community. This task will be the responsibility of the consultant in coordination with the county's staff, participating jurisdictions, and related agencies. c. Mitigation Strategy: the Hazard Mitigation Team and the consultant will develop mitigation goals and strategies to reduce or avoid long-term vulnerabilities. The Plan will include the implementation of mitigation actions and how they will be prioritized, implemented, and administered by the County and by participating jurisdictions. The Hazard Mitigation Action Plan will be submitted prior to expiration of the current plan. d. Plan Review, Evaluation, and Implementation: The planning process will also review and incorporate, if appropriate, existing plans, studies, reports, and technical information. The County intends to utilize its Hazard Mitigation Team throughout the planning process, implementation, and maintenance of the County's Hazard Mitigation Action Plan. The Plan will include a maintenance process that describes the method and schedule of monitoring, evaluating, and updating the mitigation plan within a five-year cycle and include a process by which the County incorporates the requirements of the mitigation plan into other planning mechanisms such as comprehensive or capital improvement plans, when appropriate. This task will be the responsibility of the County in coordination with participating jurisdictions and other related agencies. The County will continue public involvement in the maintenance of the plan. This may be accomplished by placing public notices in the newspaper, post plan on County's website, on-going mitigation plan team meeting when possible and an annual review meeting. e. Plan Adoption: The Nueces County Hazard Mitigation Action Plan will be presented to the Commissioners' Court for approval. The County will adopt the Plan by a resolution. For each jurisdiction participating, the Plan will be presented to their City Councils or governing body for approval. Each participating jurisdiction will adopt the Plan by a resolution. GRANT TERMS AND CONDITIONS This Grant Agreement (consisting of FEMA Disaster Award and these Terms and Conditions) is made and entered into by and between the Department of Public Safety / Texas Division of Emergency Management, an agency of the State of Texas, hereinafter referred to as "DPS/TDEM," and the funds recipient, hereinafter referred to as the "Applicant" or "Subrecipient." Furthermore, DPS/TDEM and the Subrecipient are collectively hereinafter referred to as the "Parties." Subrecipient may not assign or transfer any interest in this Grant without the express, prior written consent of DPS/TDEM. If Subrecipient issues subawards as part of this Grant project, Subrecipient shall include and require its subawardees to comply with the terms and conditions of this Grant. The term "Subrecipient agreement funds" as used in this Grant means funds provided by DPS/TDEM under the United States Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) grant programs (also referred to herein as DHS/FEMA). The term "Subrecipient's funds" or match funds as used in this Grant means funds provided by the Subrecipient. A. Standard of Performance. Subrecipient shall perform all activities as approved by DPS/TDEM. Any change to a project shall receive prior written approval by TDEM and, if required, by FEMA. Subrecipient shall perform all activities in accordance with all terms, provisions and requirements set forth in this Grant, including but not limited to the following Exhibits: 1. Assurances — Non -Construction Programs, hereinafter referred to as "Exhibit A" 2. Assurances — Construction Programs, hereinafter referred to as "Exhibit B" 3. Certifications for Grant Agreements, hereinafter referred to as "Exhibit C" 4. State of Texas Assurances, hereinafter referred to as "Exhibit D" 5. Environmental Review Certification, hereinafter referred to as "Exhibit E" 6. Additional Grant Conditions, hereinafter referred to as "Exhibit F" 7. Additional Grant Certifications, hereinafter referred to as "Exhibit G" B. Failure to Perform. In the event Subrecipient fails to implement the project(s) entered and approved in the DPS/TDEM web -based grants management system, or comply with any provision of this Grant, Subrecipient shall be liable to DPS/TDEM for an amount not to exceed the award amount of this Grant and may be barred from applying for or receiving additional DHS/FEMA grant program funds or any other grant program funds administered by DPS until repayment to DPS/TDEM is made and any other compliance or audit finding is satisfactorily resolved, in addition to any other remedy specified in this Grant. Failure to timely implement projects may reduce future funding in additional DHS/FEMA and/or other grant programs administered by DPS. C. Fundina Obliaations. DPS/TDEM shall not be liable to Subrecipient for any costs incurred by Subrecipient that are not allowable costs. 1. Notwithstanding any other provision of this Grant, the total of all payments and other obligations incurred by DPS/TDEM under this Grant shall not exceed the Total Award Amount listed on the Grant Subrecipient Award. 2. Subrecipient shall contribute the match funds listed on the Grant Subrecipient Award. 3. Subrecipient shall refund to DPS/TDEM any sum of these Grant funds that has been determined by DPS/TDEM to be an overpayment to Subrecipient or that DPS/TDEM Page 1 of 18 TDEM -August 11, 2015 determines has not been spent by Subrecipient in accordance with this Grant. No refund payment(s) shall be made from local, state or federal Grant funds unless repayment with Grant funds is specifically permitted by statute or regulation. Subrecipient shall make such refund to DPS/TDEM within thirty (30) calendar days after 4. DPS/TDEM requests such refund. D. Performance Period. The performance period for this Grant is listed on the Grant Subrecipient Award letter. All projects shall be completed within the performance period AND all reimbursement reauests shall be submitted to DPS/TDEM within 60 days for the end of the performance period. Subrecipient shall have expended all Grant funds and submitted reimbursement requests, invoices and any supporting documentation to DPS/TDEM within 60 days of the end of the performance period. DPS/TDEM shall not be obligated to reimburse expenses incurred after the performance period or submitted after the deadline. E. Uniform Administrative Reauirements. Cost Principals and Audit Reauirements. Except as specifically modified by law or this Grant, Subrecipient shall administer this Grant through compliance with the most recent version of all applicable laws and regulations, including but not limited to DHS program legislation, Federal awarding agency regulations, and the terms and conditions of this Grant. A non-exclusive list is provided below [not all may apply in every projects]: • Public Law 93-288, as amended (Stafford Act) • 44 CFR, Emergency Management and Assistance • Disaster Mitigation Act of 2000 • OMB Regulations 2 CFR, Grant and Agreements • Executive Order 11988, Floodplain Management • Executive Order 11990, Protection of Wetlands • Executive Order 12372, Intergovernmental Review of Programs and Activities • Executive Order 12549, Debarment and Suspension • Executive Order 12612, Federalism • Executive Order 12699, Seismic Design • Executive Order 12898, Environmental Justice • Coastal Barrier Resources Act, Public Law 97-348 • Single Audit Act, Public Law 98-502 • Sandy Recovery Improvement Act publications • 16 U.S.C. § 470, National Historic Preservation Act • 16 U.S.C. § 1531, Endangered Species Act References • FEMA program publications, guidance and policies F. State Requirements for Grants. Subrecipient shall comply with all other federal, state, and local laws and regulations applicable to this Grant including but not limited to the laws and the regulations promulgated in Texas Government Code, Chapter 783, Uniform Grant and Contract Management, (UGMS) at: http://www.window.state.tx.us/procurement/catrad/ugms.pdf and the program State Administrative Plan, available at: http://www.txdps.state.tx.us/dem/GrantsResources/index.htm. Subrecipient shall, in addition to the assurances and certifications, comply and require each of its subcontractors employed in the completion of the project to comply with all applicable Page 2 of 18 TDEM -August 11, 2015 statutes, regulations, executive orders, OMB circulars, terms and conditions of this Grant and the approved application. Grant funds may not be awarded to or expended by any entity which performs political polling. This prohibition does not apply to a poll conducted by an academic institution as part of the institution's academic mission that is not conducted for the benefit of a particular candidate or party. Grant funds may not be expended by a unit of local government unless the following limitations and reporting requirements are satisfied: 1. Texas General Appropriations Act, Art. IX, Parts 2 and 3, except there is no requirement for increased salaries for local government employees; 2. Texas Government Code Sections 556.004, 556.005, and 556.006, which prohibits using any money or vehicle to support the candidacy of any person for office, influencing positively or negatively the payment, loan, or gift to a person or political organization for a political purpose, and using Grant funds to influence the passage or defeat of legislation including not assisting with the funding of a lobbyist, or using Grant funds to pay dues to an organization with a registered lobbyist; 3. Texas Government Code Sections 2113.012 and 2113.101, which prohibits using Grant funds to compensate any employee who uses alcoholic beverages on active duty and Subrecipient may not use Grant funds to purchase an alcoholic beverage and may not pay or reimburse any travel expense for an alcoholic beverage; 4. Texas General Appropriations Act, Art. IX, Section 6.13, which requires Subrecipient to make every effort to attain key performance target levels associated with this Grant, including performance milestones, milestone time frames, and related performance reporting requirements; and 5. General Appropriations Act, Art. IX, Sections 7.01 and 7.02, and Texas Government Code §2102.0091, which requires that this Grant may only be expended if Subrecipient timely completes and files its reports. G. Restrictions and General Conditions. 1. Use of Funds. DHS/FEMA Grant funds may only be used for the purposes set forth in this Grant, and shall be consistent with the statutory authority for this Grant. Grant funds may not be used for matching funds for other Federal grants/cooperative agreements, lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition, Federal funds may not be used to sue the Federal government or any other government entity. 2. Federal Employee Prohibition. Federal employees are prohibited from serving in any capacity (paid or unpaid) on any proposal submitted under this Grant. Federal employees may not receive funds under this Grant. 3. Points of Contacts. Within 30 calendar days of any change, Subrecipient shall notify DPS/TDEM of any change or correction to the Designation of Applicant's Agent, chief elected official, program, and/or financial points of contact in the DPS/TDEM grant management system. 4. DUNS Number. Subrecipient confirms its Data Universal Numbering Systems (DUNS) Number is the number listed on this Grant. The DUNS Number is the nine digit number established and assigned by Dun and Bradstreet, Inc., at 866/705-5711 or http://fedgov.dnb.com/webform 5. Central Contractor Registration and Universal Identifier Requirements. Subrecipient maintains that it has registered on the System for Award Management (SAM) at Page 3 of 18 TDEM -August 11, 2015 www.sam.gov or other federally established site for contractor registration, and entered DPS/TDEM-required information. Subrecipient shall keep current, and then review and update the information at least annually. Subrecipient shall keep information current in the SAM database until the later of when it submits this Grant's final financial report or receives final Grant award payment. Subrecipient agrees that it shall not make any subaward agreement or contract related to this Grant without first obtaining the vendor/subawardee's mandatory DUNS number. See Section §200.32 of OMB 2 C.F.R. 6. Reporting Total Compensation of Subrecipient Executives. 2 C.F.R. §200.331; see FEMA Information Bulletin 350. a. Applicability and what to report: Subrecipient shall report whether Subrecipient received $25 million or more in Federal procurement contracts or financial assistance subject to the Transparency Act per 2 C.F.R. §200.331. Subrecipient shall report whether 80% or more of Subrecipient's annual gross revenues were from Federal procurement contracts or Federal financial assistance. If Subrecipient answers "yes" to both questions, Subrecipient shall report, along with Subrecipient's DUNS number, the names and total compensation (see 17 C.F.R. §229.402(c)(2)) for each of Subrecipient's five most highly compensated executives for the preceding completed fiscal year. b. Where and when to report: Subrecipient shall report executive total compensation at www.sam.gov or other federally established replacement site. By signing this Grant, Subrecipient certifies that, if required, Subrecipient's jurisdiction has already registered, entered the required information, and shall keep information in the SAM database current, and update the information at least annually for each year until the later of when the jurisdiction submits its final financial report or receives final payment. Subrecipient agrees that it shall not make any subaward agreement or contract without first obtaining the subawardee's mandatory DUNS number. 7. Debarment and Suspension. Subrecipient shall comply with Executive Order 12549 and 12689, which provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. 8. Direct Deposit. If Subrecipient has not received reimbursements from DPS/TDEM within the past eleven (11) months (prior to date of award), it shall forward a new/updated direct deposit form to DPS/TDEM. Completed direct deposit forms from Subrecipient shall be emailed to TDEM project officer. The email subject line and attachment name shall include the subrecipient name and identify the document attached (i.e. "Sample County DD form"). The direct deposit form is currently available at http://www.window.state.tx.us/taxinfo/taxforms/74-176.pd . 9. Property Management and Inventory. Subrecipient shall maintain property/inventory records which, at minimum, shall include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date, the cost of the property, the percentage of Federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property Subrecipient shall develop and implement a control system to prevent loss, damage or theft of property and Subrecipient shall investigate and document any loss, damage or theft of property funded under this Grant. 10. Site Visits. DHS and/or DPS/TDEM, through its authorized representatives, have the right at all reasonable times to make site visits to review project accomplishments and management control systems and to provide such technical assistance as may be required. If any site visit is made by DHS on the premises of Subrecipient or a contractor under this Grant, Subrecipient shall provide and shall require its contractors to provide Page 4 of 18 TDEM -August 11, 2015 all reasonable facilities and assistance for the safety and convenience of the government representatives in the performance of their duties. All site visits and evaluations shall be performed in such a manner that will not unduly delay the work. H. Procurement and Contracting. 1. Procurements. Subrecipient shall comply with all applicable federal, state, and local laws and requirements, including but not limited to proper competitive solicitation processes where required, for any procurement which utilizes federal funds awarded under this Grant in accordance with 2 C.F.R. 200. 318 2. Contract Provisions. All contracts executed using funds awarded under this Grant shall contain the contract provisions listed under 2 C.F.R. 200.326 and Appendix II (A), Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. 3. Procurement activities must follow the most restrictive of Federal, State and Local procurement regulations: a. Procurement by micro purchase b. Procurement by small purchase c. Procurement by sealed bid d. Procurement by competitive proposal e. Procurement by non-competitive proposal, solely when the award of a contract is unfeasible under the other methods The State must be contacted for approval to use a noncompetitive procurement method. Failure to follow eligible procurement methods will result in ineligible costs. Other types of agreements for services must have State approval prior to use or execution. A copy of the local procurement policy must be provided to the State before initial payment. The cost plus a percentage of cost and percentage of construction cost methods of contracting are ineligible. Must perform cost/price analysis for purchases over $3000. Must negotiate profit as a separate element where required 4. Evidence of non -debarment for vendors must be documented through http://www.sam.gov/portal/public/SAM and http://www.window.state.t x.us/procurement/pros/vendor performance/debarred/ and submitted for review. 5. Comply with rules related to underutilized businesses (small and minority businesses, women's enterprises and labor surplus firms) at 2 CFR 200.321 Monitorina. Subrecipient will be monitored periodically by federal, state or local entities, both programmatically and financially, to ensure that project goals, objectives, performance requirements, timelines, milestone completion, budget, and other program -related criteria are met. DPS/TDEM, or its authorized representative, reserves the right to perform periodic desk/office-based and/or on-site monitoring of Subrecipient's compliance with this Grant and of the adequacy and timeliness of Subrecipient's performance pursuant to this Grant. After each monitoring visit, DPS/TDEM shall provide Subrecipient with a written report of the monitor's findings. If the monitoring report notes deficiencies in Subrecipient's performance Page 5 of 18 TDEM -August 11, 2015 under this Grant, the monitoring report shall include requirements for the timely correction of such deficiencies by Subrecipient. Failure by Subrecipient to take action specified in the monitoring report may be cause for suspension or termination of this Grant pursuant to the Suspension and/or Termination Section herein. Audit. 1. Audit of Federal and State Funds. Subrecipient shall arrange for the performance of an annual financial and compliance audit of funds received and performances rendered under this Grant as required by the Single Audit Act (OMB 2 C.F.R. 200.501, formerly A- 133). Subrecipient shall comply, as applicable, with Texas Government Code, Chapter 783, the Uniform Grant Management Standards (UGMS), the State Uniform Administrative Requirements for Grants and Cooperative Agreements. 2. Right to Audit. Subrecipient shall give the United States Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), the Comptroller General of the United States, the Texas State Auditor, DPS/TDEM, or any of their duly authorized representatives, access to and the right to conduct a financial or compliance audit of Grant funds received and performances rendered under this Grant. Subrecipient shall permit DPS/TDEM or its authorized representative to audit Subrecipient's records. Subrecipient shall provide any documents, materials or information necessary to facilitate such audit. 3. Subrecipient's Liability for Disallowed Costs. Subrecipient understands and agrees that it shall be liable to DPS/TDEM for any costs disallowed pursuant to any financial or compliance audit(s) of these funds. Subrecipient further understands and agrees that reimbursement to DPS/TDEM of such disallowed costs shall be paid by Subrecipient from funds that were not provided or otherwise made available to Subrecipient pursuant to this Grant or any other federal contract. 4. Subrecipient's Facilitation of Audit. Subrecipient shall take such action to facilitate the performance of such audit(s) conducted pursuant to this Section as DPS/TDEM may require of Subrecipient. Subrecipient shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Subrecipient and the requirement to cooperate is included in any subcontract it awards. 5. State Auditor's Clause. Subrecipient understands that acceptance of funds under this Grant acts as acceptance of the authority of the State Auditor's Office to conduct an audit or investigation in connection with those funds. Subrecipient further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. Subrecipient shall ensure that this clause concerning the State Auditor's Office's authority to audit funds and the requirement to cooperate fully with the State Auditor's Office is included in any subgrants or subcontracts it awards. Additionally, the State Auditor's Office shall at any time have access to and the rights to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of Subrecipient relating to this Grant. Page 6 of 18 TDEM -August 11, 2015 K. Retention and Accessibility of Records. 1. Retention of Records. Subrecipient shall maintain fiscal records and supporting documentation for all expenditures of this Grant's funds pursuant to the applicable OMB 2 C.F.R. Subpart D — Post Federal Award Requirements, of Part 200 UGMS § .42, and this Grant. Subrecipient shall retain these records and any supporting documentation for a minimum of three (3) years from the later of the completion of this project's public objective, submission of the final expenditure report, any litigation, dispute, or audit. Records shall be retained for three (3) years after any real estate or equipment final disposition. The DHS or DPS/TDEM may direct Subrecipient to retain documents or to transfer certain records to DHS custody when DHS determines that the records possess long term retention value. 2. Access to Records. Subrecipient shall give the United States Department of Homeland Security, the Comptroller General of the United States, the Texas State Auditor, DPS/TDEM, or any of its duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, other papers, things or property belonging to or in use by Subrecipient pertaining to this Grant including records concerning the past use of DHS/FEMA funds. Such rights to access shall continue as long as the records are retained by Subrecipient. Chanaes. Amendments. Susvension or Termination 1. Modification. FEMA or DPS/TDEM may modify this Grant after an award has been made. Once notification has been made in writing, any subsequent request for funds indicates Subrecipient's acceptance of the changes to this Grant. Any alteration, addition, or deletion to this Grant by Subrecipient is not valid. 2. Effect of Changes in Federal and State Laws. Any alterations, additions, or deletions to this Grant that are required by changes in federal and state laws, regulations or policy are automatically incorporated into this Grant without written amendment to this Grant and shall become effective upon the date designated by such law or regulation. In the event FEMA or DPS/TDEM determines that changes are necessary to this Grant after an award has been made, including changes to the period of performance or terms and conditions, Subrecipient shall be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Subrecipient's acceptance of the changes to this Grant. 3. Suspension. In the event Subrecipient fails to comply with any term of this Grant, DPS/TDEM may, upon written notification to Subrecipient, suspend this Grant, in whole or in part, withhold payments to Subrecipient and prohibit Subrecipient from incurring additional obligations of this Grant's funds. 4. Termination. DPS/TDEM shall have the right to terminate this Grant, in whole or in part, at any time before the end of the Performance Period, if DPS/TDEM determines that Subrecipient has failed to comply with any term of this Grant. DPS/TDEM shall provide written notice of the termination and include: a. The reason(s) for such termination; b. The effective date of such termination; and c. In the case of partial termination, the portion of this Grant to be terminated. d. Appeal may be made to the Deputy Assistant Director of Texas Division of Emergency Management- Recovery Mitigation and Standards, Texas Department of Public Safety. M. Enforcement. If Subrecipient materially fails to comply with any term of this Grant, whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, Page 7 of 18 TDEM -August 11, 2015 a notice of award, or elsewhere, DPS/TDEM or DHS may take one or more of the following actions, as appropriate in the circumstances: 1. Increased monitoring of projects and require additional financial and performance reports 2. Require payments as reimbursements rather than advance payments 3. Temporarily withhold payments pending correction of the deficiency 4. Disallow or deny use of funds and matching credit for all or part of the cost of the activity or action not in compliance; 5. Request FEMA to wholly or partially de -obligate funding for a project 6. Temporarily withhold cash payments pending correction of the deficiency by subrecipient or more severe enforcement action by DPS/TDEM or DHS; 7. Withhold further awards for the grant program 8. Take other remedies that may be legally available In taking an enforcement action, DPS/TDEM will provide Subrecipient an opportunity for a hearing, appeal, or other administrative proceeding to which Subrecipient is entitled under any statute or regulation applicable to the action involved. The costs of Subrecipient resulting from obligations incurred by Subrecipient during a suspension or after termination of this Grant are not allowable unless DPS/TDEM or DHS expressly authorizes them in the notice of suspension or termination or subsequently. Other Subrecipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if: • The costs result from obligations which were properly incurred by Subrecipient before the effective date of suspension or termination, are not in anticipation of it, and in the case of a termination, are non -cancellable; and • The costs would be allowable if this Grant were not suspended or expired normally at the end of the funding period in which the termination takes effects. The enforcement remedies identified in this section, including suspension and termination, do not preclude Subrecipient from being subject to "Debarment and Suspension" under E.O. 12549. 2 C.F.R., Appendix II to Part 200, (1). N. Conflicts of Interest. The subrecipient will maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts and will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. O. Closina of this Grant. DPS/TDEM will close a subaward after receiving all required final documentation from the Subrecipient. If the close out review and reconciliation indicates that Subrecipient is owed additional funds, DPS/TDEM will send the final payment automatically to Subrecipient. If Subrecipient did not use all the funds received, DPS/TDEM will recover the unused funds. At the completion of Subrecipient's performance period, DPS/TDEM will de -obligate all uncommitted funds and de -obligate all unexpended funds if final documentation is not received by the deadline. The closeout of this Grant does not affect: Page 8 of 18 TDEM -August 11, 2015 1. DHS or DPS/TDEM's right to disallow costs and recover funds on the basis of a later audit or other review; 2. Subrecipient's obligation to return any funds due as a result of later refunds, corrections, or other transactions; 3. Records retention requirements, property management requirements, and audit requirements, as set forth herein; and 4. Any other provisions of this Grant that impose continuing obligations on Subrecipient or that govern the rights and limitations of the parties to this Grant after the expiration or termination of this Grant. Page 9 of 18 TDEM -August 11, 2015 EXHIBIT A ASSURANCES - NON -CONSTRUCTION PROGRAMS See Standard Form 424B As the duly authorized representative of Subrecipient, I certify that Subrecipient: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non - Federal share of project cost) to ensure proper planning, management and completion of the project described in this Grant. 2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to this Grant and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686 and 44 C.F.R. Part 19), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which agreement for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply or has already complied with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501- 1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally -assisted construction sub -agreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190 as amended by 42 U.S.C. 4311 et seq. and Executive Order (EO) 11514) which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA for DHS grant -supported activities, DHS -FEMA requires the environmental aspects to be reviewed and evaluated before final action on the application; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) comply with the Clean Air Act of 1977, (42 U.S.C. §§7401 et seq. and Executive Order 11738) providing for the protection of and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters; (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93523); and, (h) protection of endangered species underthe Endangered Species Act of 1973, as amended (P.L. 93- 205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14. Will comply with P.L. 93-348, 45 C.F.R. 46, and DHS Management Directive 026-044 (Directive) regarding the protection of human subjects involved in research, development, and related activities supported by this Grant. "Research" means a systematic investigation, including research, development, testing, and evaluation designed to develop or contribute to general knowledge. See Directive for additional provisions for including humans in the womb, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). See also state and local law for research using autopsy materials. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government Principals Regarding the Care and Use of Animals. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133 (now OMB 2 C.F.R. 200.500), "Audits of States, Local Governments, and Non -Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance, and policies governing this Grant. Page 10 of 18 TDEM -August 11, 2015 EXHIBIT B ASSURANCES - CONSTRUCTION PROGRAMS See Standard Form 424D As the duly authorized representative of Subrecipient, I certify that Subrecipient: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of project described in this Grant. 2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and, if appropriate, the State, the right to examine all records, books, papers, or documents related to this Grant and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of this Grant. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards of merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686 and 44 C.F.R. Part 19), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statue(s) under which agreement for Federal assistance is being made; and 0) the TDEM -August 11, 2015 requirements of any other nondiscrimination statue(s) which may apply to the agreement. 11. Will comply or has already complied with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333) regarding labor standards for federally - assisted construction sub -agreements. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) as amended by 42 U.S.C. 4311 et seq. and Executive Order (EO) 11514 which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) comply with the Clean Air Act of 1977, (42 U.S.C. §§7401 et seq. and Executive Order 11738) providing for the protection of and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters; (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133 (now OMB 2 C.F.R. 200.500), "Audits of States, Local Governments, and Non -Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance and policies governing this Grant. Page 11 of 18 Exhibit C Certifications for Grant Agreements The undersigned, as the authorized official, certifies the following to the best of his/her knowledge and belief. A. 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 employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee or 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. B. 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, an officer or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL Disclosure of Lobbying Activities, in accordance with its instructions. C. The undersigned shall require that the language of this certification prohibiting lobbying 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. D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 C.F.R. Part 67, for prospective participants in primary covered transactions, as defined at 28 C.F.R. Part 67, Section 67.510. (Federal Certification), the Subrecipient certifies that it and its principals and vendors: 1. Are not debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. Subrecipient can access debarment information by going to www.sam.gov and the State Debarred Vendor List at: www.window.state.tx.us/procurement/prog/vendor performance/debarred. 2. Have not within a three-year period preceding this Grant 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 public (Federal, State, or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (D)(2) of this certification; 4. Have not within a three-year period preceding this Grant had one or more public transactions (Federal, State, or local) terminated for cause or default; or 5. Where Subrecipient is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this Grant. (Federal Certification). E. Federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Subrecipient may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. F. Subrecipient will comply with 2 C.F.R. Part 180, Subpart C as a condition of receiving grant funds and Subrecipient will require such compliance in any subgrants or contract at the next tier. G Subrecipient will comply with the Drug-free Workplace Act, as amended, 412 U.S.C. §701 et seq., which requires Subrecipient to publish a statement about its drug-free workplace program and give a copy of the statement to each employee (including consultants and temporary personnel) who will be involved in award -supported activities at any site where these activities will be carried out. Also, places where work is being performed under the award (i.e., street address, city, state, and zip code) must be maintained on file. Subrecipient will notify the Grants Officer of any employee convicted of a violation of a criminal drug statute that occurs in the workplace. For additional information, see 44 C.F.R. Part 17. Subrecipient shall comply with the requirements of the Drug -Free Workplace Act of 1988, which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. H. Subrecipient is not delinquent on any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129 and form SF -424, item number 17 for additional information and guidance. I. Subrecipient will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Grant. J. Subrecipient understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of funds in this Grant. Page 12 of 18 TDEM -August 11, 2015 EXHIBIT D State of Texas Assurances As the duly authorized representative of Subrecipient, I certify that Subrecipient: 1. Shall comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the Subrecipient's governing body or of the Subrecipient's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. 2. Shall insure that all information collected, assembled, or maintained by the Subrecipient relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law. 3. Shall comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 4. Shall comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. 5. Shall not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the Subrecipient is a health, human services, public safety, or law enforcement agency and the license, permit, or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. 6. Shall comply with all rules adopted by the Texas Commission on Law Enforcement pursuant to Chapter 1701, Texas Occupations Code, or shall provide the grantor agency with a certification from the Texas Commission on Law Enforcement that the agency is in the process of achieving compliance with such rules if the Subrecipient is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701. 7. Shall follow all assurances. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and subrecipients shall maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are met. (See UGMS Section —.36 for additional guidance on contract provisions). 8. Shall comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Subrecipient shall also ensure that all program personnel are properly trained and aware of this requirement. 9. Shall comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990 including Titles I, II, and III of the Americans with Disability Act which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities, 44 U.S.C. §§ 12101-12213; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to this Grant. 10. Shall comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally assisted construction subagreements. 11. Shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Shall comply with the provisions of the Hatch Political Activity Act (5 U.S.C. §§7321-29), which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. 14. Shall insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA (EO 11738). Page 13 of 18 TDEM -August 11, 2015 15. Shall comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. 16. Shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 17. Shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 18. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 19. Shall comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government Principals Regarding the Care and Use of Animals. 20. Shall comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. 21. Shall comply with the Pro -Children Act of 1994 (Public Law 103-277), which prohibits smoking within any portion of any indoor facility used for the provision of services for children. 22. Shall comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. 23. Shall comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing this program. 24. And its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity and it is not listed on a state or federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement have Exclusions listed at https://www.sam.gov/portal/public/SAM/. 25. Shall adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. Page 14 of 18 TDEM -August 11, 2015 EXHIBIT E Environmental Review As the duly authorized representative of Subrecipient, I certify that Subrecipient: 1. shall assess its federally funded projects for potential impact to environmental resources and historic properties. 2. shall submit any required screening form(s) as soon as possible and shall comply with deadlines established by DPS/TDEM. Timelines for the Environmental Planning and Historic Preservation (EHP) review process will vary based upon the complexity of the project and the potential for environmental or historical impact. 3. shall include sufficient review time within its project management plan to comply with EHP requirements. Initiation of any activity prior to completion of FEMA's EHP review will result in a non-compliance finding and DPS/TDEM will not authorize or release Grant funds for non-compliant projects. 4. as soon as possible upon receiving this Grant, shall provide information to DPS/TDEM to assist with the legally -required EHP review and to ensure compliance with applicable EHP laws and Executive Orders (EO) currently using the FEMA EHP Screening Form OMB Number 1660-0115/FEMA Form 024-0-01 and submitting it, with all supporting documentation, to DPS/TDEM for review. These EHP requirements include but are not limited to the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, EO 11988 — Floodplain Management, EO 11990 — Protection of Wetlands, and EO 12898 — Environmental Justice. Subrecipient shall comply with all Federal, State, and local EHP requirements and shall obtain applicable permits and clearances. 5. shall not undertake any activity from the project that would result in ground disturbance, facility modification, or purchase and use of sonar equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical security enhancements involving ground disturbance, new construction, and modifications to buildings. 6. shall comply with all mitigation or treatment measures required for the project as the result of FEMA's EHP review. Any changes to an approved project description will require re-evaluation for compliance with EHP requirements before the project can proceed. 7. if ground disturbing activities occur during project implementation, Subrecipient shall ensure monitoring of ground disturbance and if any potential archeological resources are discovered, Subrecipient shall immediately cease construction in that area and notify FEMA and the appropriate State Historical Preservation Office. Page 15 of 18 TDEM -August 11, 2015 EXHIBIT F Additional Grant Conditions 1. Additional damage requiring a new Public Assistance project to be written must be reported within 60 days following the Kickoff meeting with the State- Federal team. 2. All work must be done prior to the approved project completion deadline assigned to each Project. Should additional time be required, a time extension request must be submitted which: a.) Identifies the projects requiring an extension. b.) Explains the reason for an extension. c.) Indicates the percentage of work that has been completed. d.) Provides an anticipated completion date. The reason for an extension must be based on extenuating circumstances or unusual project requirements that are beyond the control of your jurisdiction/organization. Failure to submit a time extension request may result in reduction or withdrawal of federal funds for approved work. 3. Any significant change to a project's approved Scope of Work must be reported and approved through TDEM and FEMA before starting the project. Failure to do so will jeopardize grant funding. 4. The Project Completion and Certification Report must be returned to TDEM once all the approved work has been completed for each project. If any project requires the purchase of insurance as a condition of receiving federal funds, a copy of the current policy must be attached to this report. 5. A cost overrun appeal on small ($120,000.00) Public Assistance projects must be reported to the Texas Division of Emergency Management (TDEM) within 60 days of completing the last small project in order to be considered for additional funding. 6. Appeals may be filed on any determination made by FEMA or TDEM. All appeals must be submitted to TDEM within 60 days from receiving written notice of the action you wish to appeal. Should you wish to appeal a determination contained in the project application, the 60 days will start the day the application is signed. 7. Public Assistance program projects will not receive funding until all of the requirements identified in the comments section of the Project Worksheet are met. 8. You may request a payment of funds on projects by completing the "Payment of Funds" request and including documentation supporting your request. In the event that an audit results in a reduction of the awarded amount of a project, the subrecipient is responsible for returning the identified overage within 30 days of notification of the overpayment. Small Public Assistance projects are paid upon obligation and the receipt of all required documentation. Payments must be requested at least quarterly if expenditures have been made in that quarter. 9. Projects that have not received final payment will be reviewed quarterly by TDEM representatives upon receipt of the Quarterly Review form from the subrecipient. Quarterly reports will be due on the following dates: March 15th, June 15th, September 15th & December 15th. Public Assistance program small projects are exempted. 10.Subrecipient with must submit a project cost summary to TDEM following the completion of each project, except Public Assistance program small projects. The project cost summary must list all labor, equipment, materials and contract costs associated with making needed repairs. 11.Subrecipients expending $750,000 or more in total Federal financial assistance in a fiscal year will be required to provide an audit made in accordance with OMB Uniform Guidance; Cost Principles, Audit, and Administrative Requirements for Federal Awards, Subpart F. A copy of the Single Audit must be submitted to your cognizant State agency or TDEM within nine months of the end of the subrecipient's fiscal year. Page 16 of 18 TDEM -August 11, 2015 Consult with your financial officer regarding this requirement. If not required to submit a single audit, a letter must be sent to TDEM certifying to this. 12. Completed record and cost documents for all approved work must be for a minimum of three (3) years from the later of the completion of this project's public objective, submission of the final expenditure report, any litigation, dispute, or audit. Records shall be retained for three (3) years after any real estate or equipment final disposition. The DHS or DPS/TDEM may direct Subrecipient to retain documents or to transfer certain records to DHS custody when DHS determines that the records possess long term retention value. During this time, all approved projects are subject to State and Federal audit/review. 13.Subrecipients will not make any award to any party which is debarred or suspended, or is otherwise excluded from participation in the Federal assistance programs (EO 12549, Debarment and Suspension). Subrecipient must maintain documentation validating review of debarment list of eligible contractors. 14.Subrecipients must keep record of equipment acquired by federal funds for the life cycle of the equipment. A life cycle for most equipment will be three years, but could be longer. If the fair market value of a piece of equipment is valued over $5,000, FEMA will have the right to a portion of proceeds if equipment is sold. If the fair market value of a piece of equipment is less than $5,000, the property can either be retained, sold or designated as surplus with no further obligation to FEMA. Page 17 of 18 TDEM -August 11, 2015 EXHIBIT G Additional Grant Certifications Match Certification Applicant certifies that they have the ability to meet or exceed the cost share required of this project. Duplication of Program Statement Applicant certifies there has not been, nor will there be, a duplication of benefits for this project. For Hazard Mitiaation Projects Only: Maintenance Agreement Applicant certifies that if there is a Maintenance Agreement needed for this facility copy of that agreement will be provided to TDEM. Environmental Justice Statement Federal Executive Order 12898 compliance requirements — If there are any concentrations of low income or minority populations in or near the HMGP project: 1. Applicant certifies that the HMGP project result will not result in a disproportionately high or adverse effect on low income or minority populations. OR 2. Applicant certifies that action will betaken to ensure achievement of environmental justice for low income and minority populations related to this HMGP project. Page 18 of 18 TDEM - August 11, 2015 EXHIBIT "A" HAZARD MITIGATION PROJECT MILESTONES Work Program and Schedule ANTICIPATED ACTION COMPLETION August Receive FEMA HMGP Grant Award September Establish Interlocal Agreement & Participation Resolutions for all Participating Parties September Establish Multi -Jurisdictional Hazard Mitigation Project Team & Local Hazard Mitigation Teams for all Participating Parties October Execute Consultant Contract (County Only) Consultant scheduled meeting with Multi -Jurisdictional Hazard Mitigation October Project Team and Local Hazard Mitigation Teams to review roles and responsibilities. Hazard Identification and Risk Assessment — Consultant to review & October- incorporate available data and information on properties at risk, flood maps, January existing plans, studies, land use and future development trends, reports, and technical information. Mitigation Strategy — Key problems identified in, and linkages to, the vulnerability assessment. Consultant to meet with Multi -Jurisdictional Hazard October- Mitigation Team to draft mitigation goal statement and develop strategies. January Identify and analyze specific mitigation actions and projects for each jurisdiction being considered to reduce the effects of hazards, with emphasis on new and existing buildings & infrastructure. December Planning Process — coordinate meeting with planning agencies to discuss the public involvement process. January Public Hearings — Schedule public hearings to inform the community on the Hazard Mitigation Plan and to allow input from the community. March Local Contribution Due- Must be received prior to receipt of local copy of draft plan. Draft Action Plan released by consultant to be reviewed by Local Hazard March Mitigation Teams. Consultant to schedule public meetings for community and agencies input. Draft Plan Review- Multi -Jurisdictional Hazard Mitigation Project Team & April Local Hazard Mitigation Teams review draft and provide input, updates, and corrections to consultant to be incorporated in final draft. May Mitigation Strategy — Submit Draft Plan to State for review and forward to FEMA for review and approval. Make necessary corrections or changes. August Adoption — The Final Plan will be presented at a public meeting of the various governing boards and request for authorization to submit Final Plan to State. Governing Boards to adopt Plan by resolution. September Distribution of the Hazard Mitigation Action Plan to Participating Parties. EXHIBIT `B" PLANNING TEAM POINTS OF CONTACT Entily PrimM (P) & Alternate (A) Nueces Danielle Hale (P) Christopher Boyce(A) Corpus Christi Yvette Dodd Julio Dimas Port Authority Tom Mylett Port Aransas Rick Adams Robstown Ricardo Gonzalez Bishop Joe Morales Driscoll John Aguilar Agua Dulce John Howard Petronila Katrina Burkhart Email Address Danielle.hale@co.nueces.com Christopher.boyce@co.nueces.com 49 11 I� �t sacs AGENDA MEMORANDUM City Council Meeting of September 20, 2016 DATE: August 22, 2016 TO: Margie Rose, City Manager FROM: Iain Vasey, President/CEO ivasey@ccredc.com (361) 882-7448 CCREDC September 2016 Economic Update (Q3 2016) STAFF PRESENTER(S): Name 1. 2. 3. OUTSIDE PRESENTER(S): Name 1. Iain Vasey 2. 3. Title/Position Title/Position President/CEO Department Organization CCREDC BACKGROUND: The CCREDC provides quarterly updates to The Council. In accordance with this practice, the CCREDC will update the Council on its activities and the status of the local economy. LIST OF SUPPORTING DOCUMENTS: PowerPoint — CCREDC rilli Corpus Christi kmREGIONAL ECONOMIC DEVELOPMENT CORPORATION September 2016 Economic Update Iain Vasey Council Presentation September 20, 2016 Corpus Christi MSA Employment by Sector 11 Corpus Christi km . REGIONAL ECONOMIC DEVELOPMENT CORPORATION Jul 2014 Jul 2013 Jul 2012 Total Nonagricultural 196,000 197,700 192,600 193,000 185,900 183,400 Mining, Logging, & Construction 23,200 23,100 23,700 25,700 23,300 22,400 Manufacturing 9,200 9,100 9,500 10,000 9,800 9,900 Trade, Transportation, and Utilities 35,700 36,200 35,700 35,700 33,900 32,700 Information 2,000 2,000 2,100 2,100 2,100 2,100 Financial Activities 8,700 8,700 8,400 8,500 7,800 7,700 Professional and Business Services 16,600 16,900 16,900 15,900 15,600 15,200 Education and Health Services 32,300 31,500 29,700 29,400 29,500 30,500 Leisure and Hospitality 28,100 28,400 26,900 16,100 24,800 23,700 Other Services 8,300 8,300 8,200 8,300 7,800 7,800 Government 31,900 33,500 31,500 31,300 31,300 31,400 "14 Corpus Christi YTD EDC Goals and Results NANREGIONAL ECONOMIC DEVELOPMENT CORPORATION Proiect Wins: • Results Company "Clover": 200 Jobs, $4.2M Payroll • Rangeland Energy "Chief ": 40 Jobs, $3.2M Payroll, $75-100M CapEx • Chemours Company "Lava": 45 jobs, $3.3M Payroll, $230M CapEx • BASF "Better": 20 jobs, $1M Payroll, $55M CapEx Activities: • Prospect Visits this Quarter: 6 • Upcoming site visits: 2 • Upcoming recruitment missions: 7 • 2 Type A Incentives in process: Call Center 500 Jobs & TAMU-CC Civil & Industrial Engineering Project Pipeline: ✓ YTD: 4 "Wins", 305 Jobs ✓ 4 Class A Projects (high probability) — 1,248 jobs ✓ 5 Class B Projects (in competitive negotiations) — 960 jobs ✓ 10 Class C Projects (early in process/low probability) — 2,354 jobs ✓ 19 Total projects representing a potential of $21.85B CapEx 3 1 Corpus ChristiKey Economic Indicators QEtGv oN MEFiT❑C0OMapiC ISN Oil Prices (WTI): Aug. 2015 $ 41.93/bbl. Aug. 2016 $ 45.72/bbl. (WTC www.oil.com) U.S. Rig Count: (www.bak hughes.com/rigcount) Aug 2014 1,913 Aug 2015 884 Aug 2016 481 Unemployment: Jul 2015 5.17% Jul 2016 Natural Gas Prices: $ 2.84 mm btu $ 2.82 mm btu (Henry Hub www.eia.gov) Ea le Ford Shale Rig Count: (www. Ea eFordShale. com) Aug 2014 260 Aug 2015 110 Aug 2016 44 Employment: Ju12015 192,600 6.2% Ju12016 196,000 Key Economic Indicators 4 Corpus Christi km . REGIONAL ECONOMIC DEVELOPMENT CORPORATION ➢ SHERWIN Closure impending ➢ TPCO will complete Phase 2 in 2017 ➢ Area has lost manufacturing jobs but has added more leisure and hospitality jobs ➢ The number of jobs have gone up but unemployment has also increased ➢ Sales tax collections down; Corpus Christi down 11% ➢ Oil prices appear to have stabilized in $40-50 range ➢ Continued uncertainty in crude oil & energy markets impacting Texas ➢ Stock market at an all time high ➢ Further proof that the Wall Street market is disconnected from the Main Street economy 1 Corpus Christi Key Economic Indicators pto. QEtGv oN r EENT❑C0OMapiC ISN CCREDC commissioned Newmark Grubb Knight Frank conduct a study of potential industries we should try to attract to the region based on our Current resources and workforce make up. • Specialty Steel manufacturing • Shale/Natural Gas/ Pipeline/Natural Gas Liquids (NGL) Production • & Logistics & Supply Chain • Aircraft Manufacturing and Unmanned Aerial Systems • Entrepreneurship Ecosystem and Small Business 49 11 I� �t sacs AGENDA MEMORANDUM City Council Meeting of September 20, 2016 DATE: September 13, 2016 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, P.E., Interim Director of Water Utilities DanG@cctexas.com (361) 826-1718 Wastewater Management Plan STAFF PRESENTER(S): Name Title/Position 1. Dan Grimsbo Interim Director 2. Mark Van Vleck ACM 3. OUTSIDE PRESENTER(S): Name Title/Position 1. Rob Simm Vice President 2. BACKGROUND: Department Water Utilities Public Works & Utilities Organization Stantec This presentation will update the Council on the current status of this item. It is for informational purposes only and no action is required. LIST OF SUPPORTING DOCUMENTS: PowerPoint —Wastewater Management Plan