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Agenda Packet City Council - 05/09/2017
Corpus Christi 1201 Leopard Street - f' Corpus Christi,TX 78401 i cctexas.com Meeting Agenda - Final City Council Tuesday, May 9, 2017 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive)that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Si Usted desea dirigirse al Concilio y cree que su ingl6s es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office(at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Pro Tem Lucy Rubio to call the meeting to order. B. Invocation to be given by Pastor Kevin Jennings, Mt. Olive Lutheran Church. C. Pledge of Allegiance to the Flag of the United States to be led by Ethan Brown, Mary Carroll High School Senior, National Honor Society Member. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 17-0578 Proclamation declaring May 7 - 13, 2017 "National Hurricane Preparedness Week". Proclamation declaring May 8-13, 2017, "National Economic Development Week". Proclamation declaring May 9, 2017, "The HOSPiS Awards to Celebrate the Tourism Industry Day". Proclamation declaring May 13-17, 2017, "First Mahakumbhabhishekam Celebration Days". Proclamation declaring May 15, 2017, "National Peace Officers Corpus Christi Page 1 Printed on 5/8/2017 City Council Meeting Agenda-Final May 9,2017 Memorial Day" and May 14 - 20, 2017 "National Peace Officers Memorial Week". Proclamation declaring May 2017, "Elder Abuse Prevention Month". Proclamation declaring May 2017, "Older Americans Month". F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER G. MINUTES: 2. 17-0574 Regular Meeting of April 25, 2017 and Workshops of April 27, 2017 and May 1, 2017. Attachments: Minutes-April 25, 2017.pdf Minutes-April 27, 2017.pdf Minutes- May 1, 2017.pdf H. BOARD &COMMITTEE APPOINTMENTS: 3. 17-0579 Building Code Board of Appeals Coastal Bend Council of Governments Corpus Christi Convention and Visitors Bureau Electrical Advisory Board Library Board Senior Companion Program Advisory Committee Transportation Advisory Commission Attachments: Building Code Board of Appeals.pdf Coastal Bend Council of Governments.pdf Corpus Christi Convention and Visitors Bureau Electrical Advisory Board Library Board.pdf Senior Companion Program Advisory Committee.pdf Transportation Advisory Commission.pdf I. 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. Corpus Christi Page 2 Printed on 5/8/2017 City Council Meeting Agenda-Final May 9, 2017 J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. 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. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. 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. K. CONSENT AGENDA: (ITEMS 4 - 7) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 4. 17-0506 Second Reading Ordinance -Accepting and appropriating grant funds for the Houston High Intensity Drug Trafficking Area (HIDTA) program (1st Reading 4/25/17) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant subaward in the amount of $20,000 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for additional overtime in an effort to eradicate Corpus Christi Page 3 Printed on 5/8/2017 City Council Meeting Agenda-Final May 9, 2017 the synthetic cannabinoid epidemic; and appropriating the $20,000 in the No. 1061 Police Grants Fund. Attachments: Agenda Memo HIDTA subaward 04.25.2017 Ordinance - HIDTA subaward 2017- Police Journal ID#53889 CCPD Kush Push 5. 17-0468 Second Reading Ordinance -Amending the City Code to update the Hazardous Substance Pipeline Ordinance (1st Reading 4/25/17) Ordinance amending Chapter 35 of the Corpus Christi Code of Ordinances to revise Article VII. - HAZARDOUS SUBSTANCES, LIQUIDS, AND GAS PIPELINES AND DISTRIBUTION SYSTEM; and providing for severance, publication, penalty, and an effective date. Attachments: Agenda Memo- Hazardous Substance Pipeline Ordinance - Hazardous Substance Pipeline 6. 17-0472 Second Reading Ordinance -Approval of agreement and appropriating funds for developer for the construction of wastewater collection line extension located south of Holly Road and east of Rodd Field Road (1st Reading 4/25/17) Ordinance authorizing City Manager or designee to execute a wastewater collection line extension construction and reimbursement agreement ("Agreement") with Palm Land Investments Inc. ("Developer"), for the construction of a sanitary sewer collection line and appropriating $14,724.00 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. Attachments: Agenda Memo Sandy Creek Townhomes Ordinance -Sanitary Sewer Coll Line Agmt Sandy Creek Townhomes with attac Location Maps-Sandy Creek Townhomes 7. 17-0490 Second Reading Ordinance - Exemption from the sanitary sewer infrastructure construction and wastewater lot and acreage fees for Don Patricio, Block G, Lot 1 R, located west of Waldron Road and south of Don Patricio Road. (1st Reading 4/25/17) Ordinance exempting Don Patricio, Block G, Lot 1 R, located west of Waldron Road and south of Don Patricio Road, from the payment of wastewater lot/acreage fees under Section 8.5.2.G.1. of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. Attachments: Agenda Memo- Don Patricio, Block G Lot 1R Exec Summary Memo REV 0413 Ordinance with attachments-Don Patricio Corpus Christi Page 4 Printed on 5/8/2017 City Council Meeting Agenda-Final May 9, 2017 Location Maps- Don Patricio L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. PUBLIC HEARINGS: (ITEMS 8 -9) 8. 17-0527 Public Hearing and First Reading Ordinance - Rezoning property located at 3825 County Road 69 Case No. 0317-06 Prosperity Bank: A change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District. The property to be rezoned is described as a 0.629-acre tract of land out of River Ridge Unit 2, Block 1, Lot 1A, as recorded in Volume 68, Page 509, Map Records of Nueces County, Texas, located on the west side of Hazel Bazemore Parkway (County Road 69) between Northwest Boulevard (FM 624) and Riverway Drive. Planninq Commission and Staff Recommendation (April 5, 2017): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Prosperity Bank ("Owner"), by changing the UDC Zoning Map in reference to a 0.629-acre tract of land out of River Ridge Unit 2, Block 1, Lot 1A, as recorded in Volume 68, Page 509, Map Records of Nueces County, Texas, from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District; amending Plan CC to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-0317-06 Prosperity Bank Ordinance 0317-06 Prosperity Bank Zoning Report-0317-06 Prosperity Bank Aerial Maps 0317-06 Prosperity Bank 9. 17-0532 Public Hearing and First Reading Ordinance -Amending the Urban Transportation Plan by removing the proposed extension of Delgado Street between Greenwood Drive and Castenon Street Ordinance amending the Urban Transportation Plan Map of MobilityCC, a transportation element of the comprehensive plan of the City of Corpus Christi (the "City"), by deleting the proposed extension of Delgado Street, between Greenwood Drive and Castenon Street; amending related elements of the comprehensive plan of the City; providing for severance; and providing for publication. Attachments: Agenda Memo UTP Delgado Corpus Christi Page 5 Printed on 5/8/2017 City Council Meeting Agenda-Final May 9, 2017 Ordinance UTP Delgado Presentation - Delegado Street UTP Amendment Planning Commission revised N. REGULAR AGENDA: (NONE) The following items are motions, resolutions and ordinances that will be considered and voted on individually. O. FIRST READING ORDINANCES: (ITEMS 10 - 17) 10. 17-0540 First Reading Ordinance -Accepting and appropriating funds for the FY 2016 Operation Stonegarden Grant Program within the Police Department Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of$310,000 from the State of Texas Governor's Homeland Security Grants Division for funding eligible under the FY2016 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 $310,000 in the No. 1061 Police Grants Fund. Attachments: Agenda Memo-accept Operation Stonegarden 05.09.2017 Ordinance -Operation Stonegarden -2017 Grant award document 11. 17-0557 First Reading Ordinance -Accepting and appropriating grant funds for the FY 2017 Click It Or Ticket Program within the Police Department Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of$27,964.96 from the State of Texas, Department of Transportation for the FY2017 Click It Or Ticket program grant; and appropriating the $27,964.96 in the No. 1061 Police Grants Fund. Attachments: Agenda memo accept CIOT 05.09.2017 Ordinance -Click it or Ticket 2017 Award -2017-CorpusPD-CIOT-00044 12. 17-0478 First Reading Ordinance -Accepting and appropriating funds for the Community Preparedness Section - Laboratory Response Network - Public Health Emergency Preparedness (CPS-LRN-PREP) grant within the Health Department Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Community Preparedness Section - Laboratory Corpus Christi Page 6 Printed on 5/8/2017 City Council Meeting Agenda-Final May 9, 2017 Response Network - Public Health Emergency Preparedness (CPS-LRN-PHEP) grant in the amount of$201,123.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund, to provide continued emergency preparedness and response laboratory activities for the contract period July 1, 2017, through June 30, 2018. Attachments: Agenda Memo (LRN-PHEP Grant Contract 537-18-0147-00001)f7-1-2017 to 7- Ordinance - LRN-PHEP Grant(7-1-2017 to 7-1-2018)(d.)4-7-2017 Contract-CPS LRN-PHEP Grant Contract No. 537-18-0147-0001 (7-1-2017 to 13. 17-0479 First Reading Ordinance -Accepting and appropriating funds for grant amendment for the Women, Infant and Chilldren's Nutrition Program (WIC) grant within the Health Department Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Women, Infant and Children's Nutrition Program (WIC) grant in the amount of$1,012,631.00, increasing the total amount to $2,025,262.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund, to provide funds for the WIC program for the amended contract period October 1, 2016, through September 30, 2018; appropriating the increased grant amount; and ratifying acceptance of the grant agreement to begin February 15, 2017. Attachments: Agenda Memo-WIC Grant 10-1-2017 to 10-1-2018-DRAFT(c)4-24-2017 Ordinance -WIC FY18 grant WIC Grant Contract No. 2017-049800-001A(10-1-2017 to 10-1-2018)-Pending 14. 17-0568 First Reading Ordinance -Authorizing a Service Agreement for Temporary Management and Operation of Al Kruse Tennis Center Ordinance authorizing the City Manager or designee to execute a Service Agreement with Sweet Spot Tennis, LLC ("Contractor") for management and operations of Al Kruse Tennis Center for a term of 4 months at $3,166 per month, with up to four additional one-month extension option periods; and the Contractor will receive 95% of all Pro Revenue and 50% of collected City Revenue at Al Kruse Tennis Center and the City will receive 5% of all Pro Revenue and 50% of collected City Revenue at Al Kruse Tennis Center. Attachments: Agenda Memo-Al Kruse Tennis Center Service Agreement Ordinance -Al Kruse Tennis Center Al Kruse Service Agreement COF budget 13222 Org -- 17-0568.pdf 15. 17-0525 First Reading Ordinance - Closing a portion of a utility easement located at 3733 South Port Avenue Corpus Christi Page 7 Printed on 5/8/2017 City Council Meeting Agenda-Final May 9, 2017 Ordinance abandoning and vacating a 268-square foot portion of an existing utility easement out of a part of Great Gulf Corporation, Block 1, Lot 3, located at 3733 South Port Ave. and requiring the owner, Nueces County Health and Retardation Community Center, to comply with the specified conditions. Attachments: Agenda Memo Ordinance with Exhibits Aerial Maps-Great Gulf Corp 16. 17-0492 First Reading Ordinance -Appropriating funds bequeathed from Paralee Price estate for Library Ordinance appropriating $20,000 bequeathed from Paralee Price into the Library Grants fund No 1068 to provide the opportunity for all children to have access to cost-free educational materials at Corpus Christi Public Libraries; and appropriating $5,000 bequeathed from Paralee Price into the Library Grants fund No 1068 for the designated purpose of purchasing reading materials in large print format for the Anita & W.T. Neyland library branch. Attachments: Agenda Memo- Paralee Price Bequeath $25,000 Ordinance - Paralee Price Bequeath - 2017 Certification of funds$25,000 bequeathed from Paralee 17. 17-0556 First Reading Ordinance - Creation of new Industrial District Agreement for Basic Equipment Co. Owned Property Ordinance disannexing from the City of Corpus Christi, Texas, an approximately 3.41-acre tract of land owned by Basic Equipment Company 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 tract; authorizing the City Manager, or designee, to execute an Industrial District Agreement with Basic Equipment Company, requiring the payment of 100 percent of the ad valorem taxes that would be due if the tract was 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- Basic Equip Disannexation IDA 7B Presentation - Disannexation Basic Equip Ordinance - Industrial District Agreement 7B Basic Equipment Co Section 2 Attachment- Map and Metes and Bounds Describing Tract A Section 4 Attachment- Revised Industrial District 1 Metes&Bounds Section 5 Attachment- IDA 7B Basic Equipment Form 1295-Basic Equipment Co P. FUTURE AGENDA ITEMS: (ITEMS 18 - 21) Corpus Christi Page 8 Printed on 5/8/2017 City Council Meeting Agenda-Final May 9, 2017 The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 18. 17-0524 Construction Contract for Community Park Development and Improvements - Salinas Park (Bond 2012, Proposition 4) Motion authorizing the City Manager, or designee, to execute a construction contract with D&SS Construction, Inc. of Corpus Christi, Texas in the amount of$424,853 for the Community Park Development and Improvements - Salinas Park. (Bond 2012, Proposition 4). Attachments: Agenda Memo-Salinas Park Construction.docx Project Budget-Salinas Park Construction Location Map Salinas Park.pdf Presentation Salinas Park Construction.pptx Letter of recommendation -Salinas Park.pdf Form 1295-Salinas Park.pdf 19. 17-0508 Supply Agreement for Aggregate Trap Rock for the City's Street Seal Coat Program Motion authorizing City Manager, or designee, to execute a supply agreement with Vulcan Construction Materials, LLC, of San Antonio, Texas for the purchase of aggregate trap rock in response to Request for Bid No. 938 based on the lowest, responsive, responsible bid for a total amount not-to-exceed $243,720.00, with an estimated expenditure of$81,240.00 in FY2016-2017 and funded by the Street Fund. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. Attachments: Agenda Memo-Aggregate Trap Rock Bid Tab-Aggregate Trap Rock Agreement -Aggregate Trap Rock Form 1295.pdf 20. 17-0541 Resolution to intervene in AEP's filing at the Public Utility Commission for an amendment to its Distribution Cost Recovery Factors Resolution of the City of Corpus Christi, Texas authorizing intervention in the Public Utility Commission of Texas Docket No. 47015 regarding AEP Texas Inc.'s application to amend its distribution cost recovery factors to increase distribution rates within the City; finding that the City's reasonable rate case expenses shall be reimbursed by the company; finding that the meeting at which this resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and legal counsel. Corpus Christi Page 9 Printed on 5/8/2017 City Council Meeting Agenda-Final May 9, 2017 Attachments: Agenda Memo-2017 AEP Resolution -2019 AEP Texas (Docket No. 47015) 21. 17-0552 Reimbursement Resolution for Bond 2016 General Obligation Bonds Resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds relating to constructing various City improvements from the proceeds of tax-exempt obligations to be issued by the City for authorized purposes in an amount not to exceed $18,350,000; authorizing other matters incident and related thereto; and providing an effective date. Attachments: Agenda Memo- Reimbursement Resolution for Bond 2016 Reimbursement Resolution - Bond 2016 Q. BRIEFINGS: (ITEMS 22 - 25) 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. 22. 17-0289 CCREDC Quarterly Update to City Council (Q2 2017) Attachments: Agenda Memo-CCREDC Presentation -CCREDC May 2017 23. 17-0554 Water Quality Projects Update Attachments: Agenda Memo- Presentation Water Quality Projects Presentation -Water Quality Update Projects Update.pptx 24. 17-0576 Drought Contingency Plan Recommended Changes Attachments: Agenda Memo- Presentation Drought Contingency Plan Recommended Chang Presentation - Drought Contingency Plan Recommended Changes.pptx 25. 17-0581 Variable Salinity Desalination Project Attachments: Agenda Memo- Presentation Variable Salinity Desalination Prolect.docx Presentation -Varible Salinity Desalination Prosect R. LEGISLATIVE UPDATE: This item is for Council's informational purposes only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. S. EXECUTIVE SESSION: (ITEMS 26 - 28) 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 Corpus Christi Page 10 Printed on 5/8/2017 City Council Meeting Agenda-Final May 9,2017 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. 26. 17-0570 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 annexation, disannexation, apportionment of extra-territorial jurisdiction between municipalities, interlocal agreements with water districts and neighboring municipalities, contracts for the potential economic development agreement(s) with entities that are considering the construction, expansion, and/or ownership of industrial facilities that will be consumers of water and wastewater services and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s). 27. 17-0569 Executive Session pursuant to Texas Government Code § 551.071and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues (including TCEQ and EPA regulations) related to the provision of utility services in industrial districts, desalination, reuse, utility rate design, and water and wastewater treatment and distribution and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s). 28. 17-0575 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 Municipal Court and Texas Government Code§551.074 (Personnel Matters)to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of Municipal Court Judges with possible discussion and action in open session. T. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Per Council Policies, an item may be added to the agenda by four members of the City Council. Council may give direction to the City Manager to add an item to a future agenda, but no other action will be taken, and no public comment solicited. Corpus Christi Page 11 Printed on 5/8/2017 City Council Meeting Agenda-Final May 9,2017 U. ADJOURNMENT Corpus Christi Page 12 Printed on 5/8/2017 Cornus Christi 1201 Leopard Street F' Corpus Christi,TX 78401 y cctexas.com Meeting Minutes City Council Tuesday,April 25,2017 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. A. Mayor Pro Tem Lucy Rubio to call the meeting to order. Mayor Pro Tem Rubio called the meeting to order at 11:31 a.m. B. Invocation to be given by Rabbi Mary Ekroos, Kehilat B'nai Shalom. Rabbi Mary Ekroos gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Myranda Flores, West Oso High School, Student Council President. Ms. Myranda Flores led the Pledge of Allegiance. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Margie C. Rose, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. Present: 8- Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Michael Hunter,Council Member Joe McComb,Council Member Ben Molina,Council Member Lucy Rubio,Council Member Greg Smith, and Council Member Carolyn Vaughn Corpus Christi Page 1 Printed on 5/4/2017 City Council Meeting Minutes April 25,2017 E. Proclamations /Commendations 1. Proclamation declaring April 23 - 29, 2017, "Laboratory Professionals Week". Proclamation declaring April 30 - May 6, 2017, "National Small Business Week". Proclamation declaring May 1-7, 2017, "National Children's Mental Health Awareness Week". Proclamation declaring May 12, 2017, "Relay For Life Day". Proclamation declaring May 13, 2017, "Lemonade Day". Mayor Pro Rubio presented the proclamations. J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. 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. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Mayor Pro Tem Rubio deviated from the agenda and referred to comments from the public. Sir Frederick von USA King, PO Box 1181,spoke regarding jury duty pay for Municipal Court and Agenda Item 14, accepting a grant to assist the Police Department in its effort to eradicate the synthetic cannabinoid epidemic.Jack Gordy,4418 Bray, spoke regarding the blocked sidewalks located on Airline and Ayers Streets.William Goldston, 13721 Tajamar and on behalf of the Corpus Christi Chapter of the American Council of Engineering Companies, recommended the City Council proceed with planning a Bond 2018 package with two propositions and identify a funding source for residential street improvements. Rick Milby,4412 High Ridge Drive, spoke in opposition to fees for existing carports. Carrie Robertson Meyer,4401 Gulfbreeze, and Barbara Welder, 202 Reef Avenue,spoke regarding Agenda Item 18, Hotel Occupancy Tax(HOT)and the use of the HOT funds to fund the North Beach Historic Plaza. Mike Herring, 6908 Crosstimbers,spoke regarding the issues related to the Development Services'on-line inspection process. Shirley Thornton, 1917 Woodcrest and on behalf of the Flour Bluff Citizens Council, provided an update on the Litter Critter Program. GiGi Guinn, 5210 Cedar Pass, spoke regarding commercial traffic on residential roads and wanting additional police officers. Priscilla Ramos,2920 S.Alameda; Israel Garcia,4609 Stonegate Way;Abel Alonzo, 1701 Thames; and Cristine Braugh, 802 N. Carancahua, spoke regarding wanting more police officers. Liz Gutierrez, 1033 Greenview Corpus Christi Page 2 Printed on 5/4/2017 City Council Meeting Minutes April 25,2017 Drive,spoke in support of Items 3 and 4 regarding West Haven Park. Ken Baker, 4421 Idle Hour,spoke regarding the City's Building Codes and windstorm certification requirements. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Pro Tem Rubio deviated from the agenda and referred to City Manager's Comments. City Manager Margie C. Rose reported on the following topics: a. OTHER 1) Texas Comptroller Glenn Hegar recognized the City of Corpus Christi as the latest government entity to achieve the specific transparency goals of the Texas Comptroller's Transparency Stars program,which acknowledges outstanding efforts in making spending and revenue information available. City Manager Rose recognized the Finance Department's Comptroller Judy Sandroussi for her efforts in coordinating the documentation and submission of the City's financial information to achieve this honor.2) City Manager Rose recognized Director of Information Technology Belinda Mercado who was recently honored with the President's Award from the Texas Association of Government IT Managers. The award was presented to a member that has made an exemplary and lasting contribution to the organization. 3)City Manager Rose provided an update on the chloramine water disinfectant conversion. G. MINUTES: 2. Regular Meeting of April 18, 2017 and Workshop of April 13, 2017. Mayor Pro Tem Rubio referred to approval of the minutes. Council Member Garza made a motion to approve the minutes,seconded by Council Member Carolyn Vaughn and passed unanimously. H. BOARD &COMMITTEE APPOINTMENTS: (NONE) K. CONSENT AGENDA: (ITEMS 3 - 7) Approval of the Consent Agenda Mayor Pro Tem Rubio referred to the Consent Agenda. There were no comments from the Council or the public. Council Member Garza made a motion to approve the consent agenda, seconded by Council Member Smith. The consent agenda items were passed and approved by one vote as follows: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 3. Purchase and installation of playground equipment at West Corpus Christi Page 3 Printed on 5/4/2017 City Council Meeting Minutes April 25,2017 Haven Park Motion approving the purchase and installation of playground equipment at West Haven Park from Park Place Recreation Designs, Inc., of San Antonio, Texas for a total amount not to exceed $83,200.00, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative dba BuyBoard. This Motion was passed on the consent agenda. Enactment No: M2017-057 4. Resolution authorizing Interlocal Agreement with West Oso ISD for West Haven Park Maintenance Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with West Oso Independent School District regarding operation and maintenance of Westhaven Park located near intersection of Cliff Maus Drive at Rockford Drive. This Resolution was passed on the consent agenda. Enactment No: 031123 5. Second Reading Ordinance - Rezoning property located at 4325 South Padre Island Drive (State Highway 358) (1st Reading 4/18/17) Case No. 0317-05 Vishal Hotel, LP: A change of zoning from the "IL" Light Industrial District to the "CG-2" General Commercial District. The property to be rezoned is described as Byron Willis, Block 2-A, Lot I, less a portion to right-of-way, located on the south side of South Padre Island Drive (State Highway 358) between Oakhurst Drive and Flynn Parkway. Planning Commission and Staff Recommendation (March 22, 2017): Approval of the change of zoning from the "IL" Light Industrial District to the "CG-2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Vishal Hotel, LP ("Owner"), by changing the UDC Zoning Map in reference to Byron Willis, Block 2-A, Lot I, less a portion to right-of-way, from the "IL" Light Industrial District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031124 Corpus Christi Page 4 Printed on 5/4/2017 City Council Meeting Minutes April 25,2017 6. Second Reading Ordinance - Rebranding of Bayshore Park Development to The Water's Edge and adding "Veterans' Memorial" to Sherrill Park (1st Reading 4/18/17) Ordinance to name and rebrand the Bayshore Park Development along Shoreline Blvd. generally from Furman Ave. to Cooper's Alley to "The Water's Edge", and to rename Sherrill Park as "Sherrill Veterans' Memorial Park". This Ordinance was passed on second reading on the consent agenda. Enactment No: 031125 7. Second Reading Ordinance - Establishing a school zone for Tuloso-Midway High School (1st Reading 4/18/17) Ordinance amending the Code of Ordinances, Chapter 53, Section 53-254 Schedule V - Increase of State Speed Limit in Certain Zones; designating a school speed zone; providing for severance; and providing for publication. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031126 M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (ITEMS 8 -9) 8. Second Reading Ordinance - Lease Agreement with Nueces County Community Action Agency for Birth-to-Five Head Start Program City-Owned Properties (1st Reading 3/28/17) (28 day delay required) Ordinance authorizing the City Manager or designee to execute a ten year lease, with an option to renew for 10 years, with Nueces County Community Action Agency (NCCAA) for eight real and personal properties identified on the attached and incorporated Exhibit A, in consideration of NCCAA operating Head Start Programs for eligible citizens of Corpus Christi and maintaining the properties; and providing for publication. Mayor Pro Tem Rubio referred to Item 8. Director of Housing and Community Development Rudy Bentancourt stated that the purpose of this item is to execute a ten year lease agreement with Nueces County Community Action Agency(NCCAA)for eight City-owned properties which have eight Head Start Programs on the property. There were no comments from the Council or the public. Council Member Smith made a motion to approve the ordinance,seconded by Council Member Hunter. This Ordinance was passed on second reading and Corpus Christi Page 5 Printed on 5/4/2017 City Council Meeting Minutes April 25,2017 approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: 031127 9. Second Reading Ordinance -Accepting and appropriating donations for the dog park at Bayshore park (1st Reading 4/18/17) Ordinance authorizing the City Manager or designee to execute a donation agreement with the Coastal Bend Community Foundation and accept $51,000 in donated funds from the Coastal Bend Community Foundation; authorizing the City Manager or designee to execute a donation and naming agreement with the Vishal Raju Bhagat Foundation and accept $75,000 in donated funds from the Vishal Raju Bhagat Foundation; appropriating $126,000 in the No. 4720 Community Enrichment Fund for construction of a dog park at Bayshore Park; and naming the dog park the "Vishal Bhagat Dog Park." Mayor Pro Tem Rubio referred to Item 9. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to accept and appropriate donations for the dog park at Bayshore Park from two local foundations. There were no comments from the public. Council members and staff discussed the following topics:the square footage of the dog park; where the dog park will be in Bayshore Park; the maintenance plan for the dog park; concern regarding liability;whether all dogs would be allowed;signage related to dog etiquette rules; concern with creating a dog park on Shoreline Boulevard; transparency related to information provided by staff to City Council regarding the donors of the funds and their relationship to Destination Bayfront;the cost to build the dog park; the City's portion of funding for the project;whether the land was donated to the City or is City-owned; the sale of park land; the responsibility of the dog owners and enforcement of violations; and the dog park being a great amenity for the community. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Vaughn. This Ordinance was passed on second reading and approved with the following vote: Aye: 6- Council Member Garza, Council Member Hunter, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Nay: 2- Council Member Guajardo and Council Member McComb Abstained: 0 Enactment No: 031128 Corpus Christi Page 6 Printed on 5/4/2017 City Council Meeting Minutes April 25,2017 L. RECESS FOR LUNCH Mayor Pro Tem Rubio recessed the Council meeting at 1:53 p.m. Mayor Pro Tem Rubio reconvened the Council meeting at 2:25 p.m. N. REGULAR AGENDA: (ITEMS 10 - 12) 10. Construction Contract for Yorktown Boulevard from Everhart Road to Staples Street (Bond 2014, Proposition 1) Motion authorizing the City Manager, or designee, to execute a construction contract with Berry Contracting, LLC dba Bay, Ltd of Corpus Christi, Texas in the amount of$8,838,277 for Yorktown Boulevard from Everhart Road to Staples Street for Base Bid Part 2 and to execute a construction materials testing agreement with Rock Engineering and Testing Laboratory, Inc. in the amount of$99,071 for Yorktown Boulevard from Everhart Road to Staples Street. (Bond 2014 Proposition 1) Mayor Pro Tem Rubio referred to Item 10. Director of Engineering Jeff Edmonds stated that the purpose of this item is to execute a construction contract for Bond 2014, Proposition 1 project for improvements to Yorktown Boulevard from Everhart Road to Staples Street. Mr. Edmonds reported that staff was directed to provide additional information to City Council which was provided by the City Manager on Friday through a memorandum. There were no comments from the public. Council members and staff discussed the following topics: clarification on the quote to redesign the project; the total cost of the bid;the alternative to remove the bike lanes and include concrete alternative; the new street design standards; the cost of underground utilities;storm water costs;the reason utilities are underneath the road;the original construction of Yorktown Boulevard; consideration of in-street bike lanes;the reason the project was bid with bike lanes; whether the bidding is open to contractors that construct airport runways;ways to reduce monopolization by contractors;treatment of out-of-town businesses; concrete versus asphalt alternatives;the inspection process;the cost to maintain concrete versus asphalt; a future workshop to re-evaluate the bike plan;the life cycle analysis for concrete versus asphalt; connectivity of bike lanes;whether staff has conducted an analysis of the users of the streets; soil conditions; and the Request for Qualification (RFQ) process for construction materials testing. Council Member Smith made a motion to approve the ordinance with asphalt alternative, seconded by Council Member Hunter. This Motion was passed and approved with the following vote: Aye: 7- Council Member Garza, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Nay: 1 - Council Member Guajardo Corpus Christi Page 7 Printed on 5/4/2017 City Council Meeting Minutes April 25,2017 Abstained: 0 Enactment No: M2017-058 11. Second Reading Ordinance -Approving the Amendments to the Tax Increment Reinvestment Zone Number Two Amended Project & Financing Plans (1st Reading 4/18/17) Ordinance approving the amendments to the Tax Increment Reinvestment Zone #2 amended Project and Financing Plans approved by the Board of Directors of Reinvestment Zone Number Two, Corpus Christi, Texas on July 22, 2014, February 21, 2017, and March 7, 2017, regarding Packery Channel monitoring and improvements, and updated information on other Packery Channel projects; Mayor Pro Tem Rubio referred to Item 11. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to approve the amendment to the revised Tax Increment Reinvestment Zone#2 Project and Financing Plans approved by the Board of Directors of the Reinvestment Zone#2. There were no comments from the Council or the public. Council Member Smith made a motion to approve the ordinance,seconded by Council Member Hunter. This Ordinance was passed on second reading and approved with the following vote: Aye: 7- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Vaughn Abstained: 0 Enactment No: 031129 12. Resolution of Support for the City of Corpus Christi Application for State Water Implementation Fund for Texas Resolution requesting financial assistance from the Texas Water Development Board for payment of costs of studying, evaluating, determining feasibility of, and undertaking preliminary design work relating to a Seawater Desalination Project; authorizing City staff and consultants to coordinate the submission of the application to the Texas Water Development Board for funding from the State Water Implementation Fund for Texas; and other matters in connection therewith. Mayor Pro Tem Rubio referred to Item 12.Water Resource Manager Steve Corpus Christi Page 8 Printed on 5/4/2017 City Council Meeting Minutes April 25,2017 Ramos stated that the purpose of this item is to approve a resolution of support for the City's State Water Implementation Fund for Texas (SWIFT) application from the Texas Water Development Board in the amount of $2,750,000 for the cost of evaluating work related to a drought-proof seawater desalination project. There were no comments from the public. Council members and staff discussed the following topics: dedicating funds to move forward on seawater desalination;terminating the variable salinity study; and an explanation of the project. Council Member McComb made a motion to approve the resolution,seconded by Council Member Molina. This Resolution was passed and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: 031130 O. FIRST READING ORDINANCES: (ITEMS 13 - 17) 13. First Reading Ordinance -Amending City Code to modify the Auto Wrecker Ordinance and appropriating funds related to said modifications Ordinance amending Chapter 57, Article V "AUTOWRECKERS" of the Corpus Christi Code of Ordinances by adding an impound vehicle administrative fee of$20 per vehicle and by requiring notification for private property tows; appropriating $61,000 in General Fund No. 1020 for four full-time equivalent (FTE) personnel and software upgrades; changing the FY 2016-2017 Operating Budget adopted by Ordinance No. 030965 by increasing revenue and expenditures in the General Fund No. 1020 by $61,000 each; and providing an effective date, for severance, for penalty and for publication. Mayor Pro Tem Rubio referred to Item 13. Police Chief Mike Markle stated that the purpose of this item is to amend the City's Code of Ordinances, Chapter 57 to modify the auto wrecker ordinance. The changes include: an administrative fee of$20 per vehicle, recovered from the owner,to provide for the processing of paperwork and requiring auto wreckers to call the Police Department when towing a vehicle from private property. The revenue generated from the administrative fee will be used to improve fencing at the vehicle impound facility, improve software, and increase staffing in the new fiscal year to allow for 24 hour a day, 7 days a week coverage at the vehicle impound lot. The amendment regarding the notification to the Police Department is to avoid entering false,stolen vehicle reports when the vehicle has been subjected to a private property impound. Mayor Pro Tem Rubio called for comments from the public.Jeff Lehrman, 6910 Wind Chime Drive, representing Lone Star Wrecker Service,stated that the requirement to notify the Police Department prior to a private property tow, Corpus Christi Page 9 Printed on 5/4/2017 City Council Meeting Minutes April 25,2017 places an extra burden and safety hazard on the wrecker company. Norma Rivera, 7526 Exeter Court, representing Texas Wrecker Service,stated that Texas Wrecker Service was not notified of the ordinance changes and spoke in opposition to prior notification to the Police Department. Council members and staff discussed the following topics:safety issues for wrecker companies; the duties of a vehicle impound control officer;the charge for impounding a vehicle;the $20 administration fee;the number of vehicles impounded per month;the request to increase personnel to be able to have coverage at the vehicle impound lot and release vehicles 24 hours a day, 7 days a week;the mechanics of calling in a private property impound; the requirement to photograph the vehicle and signs posted; whether notification can be submitted via text message and finding more efficient technology for notification; the current hours at the impound lot;fencing at the vehicle impound lot; and consideration to table this item to allow the Police Department to meet with autowrecker companies. Council Member Rubio made a motion to table this ordinance,seconded by Council Member Garza. This Ordinance was tabled with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 14. First Reading Ordinance -Accepting and appropriating grant funds for the Houston High Intensity Drug Trafficking Area (HIDTA) program Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant subaward in the amount of $20,000 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for additional overtime in an effort to eradicate the synthetic cannabinoid epidemic; and appropriating the $20,000 in the No. 1061 Police Grants Fund. Mayor Pro Tem Rubio referred to Item 14.Assistant Police Chief Mike Alanis stated that the purpose of this item is to accept and appropriate a grant subaward in the amount of$20,000 from the Executive Office of the President, Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area(HIDTA)for additional overtime in an effort to eradicate the synthetic cannabinoid epidemic. There were no comments from the public. In response to a council member, Assistant Police Chief Alanis stated that the funds will be used to target dealers of synthetic cannabinoid through undercover operations. Council Member Hunter made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and Corpus Christi Page 10 Printed on 5/4/2017 City Council Meeting Minutes April 25,2017 approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 15. First Reading Ordinance -Amending the City Code to update the Hazardous Substance Pipeline Ordinance Ordinance amending Chapter 35 of the Corpus Christi Code of Ordinances to revise Article VII. - HAZARDOUS SUBSTANCES, LIQUIDS, AND GAS PIPELINES AND DISTRIBUTION SYSTEM; and providing for severance, publication, penalty, and an effective date. Mayor Pro Tem Rubio referred to Item 15. Fire Chief Robert Rocha stated that the purpose of the item is to amend the City's Code of Ordinances, Chapter 15, to revise Article VII. Hazardous Substances, Liquids, and Gas Pipelines and Distribution System. The amendment includes: adopting minor changes that have been made by the U.S. Department of Transportation and the Texas Railroad Commission regarding pipeline construction and penalties; updating contact information for incident reporting and emergencies; updating contact information for the submittal of new pipeline construction; and providing for the submittal of pipeline documents and drawing in workable electronic form instead of paper copies. There were no comments from the public. Council members and staff discussed the following topics:the removal of language regarding idle pipelines; the change regarding damage to private or public property not owned by the pipeline owner or operator in excess of $50,000 in combined values; the sole revision in 2010 to the ordinance to increase the annual fee for administrative costs; and contacting Crisis Management Division no later than 2 hours after the discovery of an incident. Council Member Hunter made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 16. First Reading Ordinance -Approval of agreement and appropriating funds for developer for the construction of wastewater collection line extension located south of Holly Road and east of Rodd Field Road Ordinance authorizing city manager or designee to execute a wastewater collection line extension construction and reimbursement agreement ("Agreement") with Palm Land Investments Inc. ("Developer"), for the construction of a sanitary sewer collection line Corpus Christi Page 11 Printed on 5/4/2017 City Council Meeting Minutes April 25,2017 and appropriating $14,724.00 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. Mayor Pro Tem Rubio referred to Item 16. Interim Director of Development Services Julio Dimas stated that the purpose of this item is to execute a wastewater collection line extension construction and reimbursement agreement for the construction of a sanitary sewer collection line located south of Holly Road and east of Rodd Field Road. Mr. Dimas stated that the Planning Commission and staff are in favor of the reimbursement agreement. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 17. First Reading Ordinance - Exemption from the sanitary sewer infrastructure construction and wastewater lot and acreage fees for Don Patricio, Block G, Lot 1 R, located west of Waldron Road and south of Don Patricio Road. Ordinance exempting Don Patricio, Block G, Lot 1 R, located west of Waldron Road and south of Don Patricio Road, from the payment of wastewater lot/acreage fees under Section 8.5.2.G.1. of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. Mayor Pro Tem Rubio referred to Item 17. Interim Director of Development Services Julio Dimas stated that the purpose of this item is to exempt the property owner from the payment of wastewater lot/acreage fees for a property located west of Waldron Road and south of Don Patricio Road. There were no comments from the Council or the public. Council Member Smith made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 P. FUTURE AGENDA ITEMS: (NONE) Q. BRIEFINGS: (ITEMS 18 - 19) 18. Hotel Occupancy Tax (HOT) Corpus Christi Page 12 Printed on 5/4/2017 City Council Meeting Minutes April 25,2017 Mayor Pro Tem Rubio referred to Item 18. Director of Management and Budget Eddie Houlihan stated that the purpose of this item is to provide a briefing on Hotel Occupancy Taxes (HOT). Mr. Houlihan presented the following information:the criteria for local HOT funds;the local HOT Fund budget for FY2017 and breakdown of expenditures; a history on the State HOT Fund; and the State HOT Fund spending plan and breakdown of expenses. Council members and staff discussed the following topics:the enhancements included in the Shoreline Protection and Nourishment; requested funding from the RESTORE Act for shoreline water quality projects;the application process for projects to receive local HOT funds and how projects are determined;the spending plan approved by the Watershore and Beach Advisory Committee for State HOT fund expenditures; clarification on the expenditures of HOT funds; a breakdown of 2016 hotel revenue, as reported to the Texas Comptroller's Office; the importance of the beach community; supplementing the convention center; whether the City Council is receiving quarterly reports from thirdparties; and HOT fund revenues and expenditures. 19. Area Development Plan-Work Program Mayor Pro Tem Rubio referred to Item 19.Assistant Director of Planning & ESI Daniel McGinn stated that the purpose of this item is to discuss the sequencing for updating the City's area development plans. Mr. McGinn presented the following information:the nine planning districts for the area development plans; planning districts map; the 2014 population estimates for the districts;zoning and platting applications; projects affecting the planning districts; and staff work plan recommendations. Senior City Planner Keren Costanzo was available to respond to questions. Council members and staff discussed the following topics:the priority list recommended by staff;stakeholder discussions related to the North Beach Redevelopment Plan; Flour Bluff having the oldest plan without an amendment and consideration to move that plan forward with the assistance of the Flour Bluff Citizens Council; clarification on the boundaries for Westside and CC Airport districts; population estimates; review of the zoning cases to determine growth;the length of time each plan will take to complete; providing the City Council with a map to include the council member districts;the factors that determine the priority list; a consensus of the City Council to move forward with the downtown area development plan currently in progress; and identifying key stakeholders in each district for public input. R. LEGISLATIVE UPDATE: Mayor Pro Tem Rubio referred to the Legislative Update. Director of Intergovermental Relations Tom Tagliabue reported on the following legislation: SB 2, revenue cap bill; HB 424, annexation; HB 100 ridesharing; short-term vacation rentals;small cell node technology; military legislation; windfarms; and the RESTORE Act. S. EXECUTIVE SESSION: (ITEMS 20 - 21) Mayor Pro Tem Rubio referred to the day's executive sessions. The Council went into executive session at 5:31 p.m. The Council returned from executive Corpus Christi Page 13 Printed on 5/4/2017 City Council Meeting Minutes April 25,2017 session at 6:14 p.m. 20. 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 industrial districts and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s). This E-Session Item was discussed in executive session. 21. Executive session pursuant to Texas Government Code 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning potential participation in AEP Texas Central Company rate case regarding application for Distribution Cost Recovery Factor at Texas Public Utility Commission. This E-Session Item was discussed in executive session. T. IDENTIFY COUNCIL FUTURE AGENDA ITEMS None. U. ADJOURNMENT The meeting was adjourned at 6:23 p.m. Corpus Christi Page 14 Printed on 5/4/2017 Corpus Christi 1201 Leopard Street p Corpus Christi,TX 78401 y cctexas.com Meeting Minutes City Council Workshop Session Thursday,April 27,2017 3:00 PM 1201 Leopard Street Basement Training Room Public Notice - - ITEMS ON THIS AGENDA ARE FOR COUNCIL'S INFORMATIONAL PURPOSES ONLY. COUNCIL MAY GIVE DIRECTION TO THE CITY MANAGER, BUT NO OTHER ACTION WILL BE TAKEN AND NO PUBLIC COMMENT WILL BE SOLICITED. THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE TRAINING ROOM DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Pro Tem Lucy Rubio to call the meeting to order. Mayor Pro Tem Lucy Rubio called the meeting to order at 3:00 p.m. B. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Margie C. Rose, City Attorney Miles K. Risley, and City Secretary Rebecca L. Huerta. Note: Council Member Paulette Guajardo arrived at 3:01 p.m. Present 8- Council Member Carolyn Vaughn, Council Member Lucy Rubio, Council Member Rudy Garza Jr., Council Member Michael Hunter, Council Member Greg Smith, Council Member Paulette Guajardo, Council Member Joe McComb, and Council Member Ben Molina C. BRIEFINGS TO CITY COUNCIL: 1. New Residential Street Construction Mayor Pro Tem Lucy Rubio referred to Item 1. City Manager Margie C. Rose provided opening remarks regarding New Residential Street Construction and introduced Assistant City Manager Keith Selman who provided background information and a summary of topics to be discussed. Interim Director of Development Services Julio Dimas presented information on the following topics: typical development process; detailed development process, including the typical and deferred process and timeframes of each; and a description of unit phasing. Corpus Christi Page 1 Printed on 5/3/2017 City Council Workshop Session Meeting Minutes April 27,2017 Director of Engineering Services Jeff Edmonds presented information on the following topics: street design standards; residential street design standards; minimum residential street design standards for asphalt and concrete; and typical maintenance lifecycle for asphalt and concrete. Council members and staff discussed the structural strength of a limestone versus caliche base on developer-constructed streets. Council members and staff discussed street standards applied on different city bond programs. Council members and staff went on to discuss the following topics related to developer-constructed streets: street standards applicable to phased developments;that the street construction standard approved in a preliminary platting permit continues in effect during the term of the permit and any extension(s)thereof; the process whereby the Planning Commission grants extensions of preliminary platting permits; requiring a new preliminary plat upon expiration of a preliminary platting permit; the standard width of two-way streets;whether developers are still building streets with a caliche base as an approved standard; an explanation of"vested rights";the number of permit extensions granted by the Planning Commission;the duration of a preliminary platting permit; and clarifying, in the Unified Development Code(UDC), the number of preliminary plat permit extensions that can be granted. MOTION OF DIRECTION Council Member Smith made a motion directing the City Manager to examine the UDC regarding platting extensions, seconded by Council Member Vaughn. Council Members and staff discussed the following additional topics related to developer-constructed streets: the extension of a preliminary platting permit being granted subject to street construction standards current at the time an extension is granted; and legal considerations regarding changing street construction standards upon extension of a plat. The motion directing the City Manager to examine the UDC regarding platting was approved unanimously. Council members and staff discussed the following additional topics relating to developer-constructed streets: when soil sampling is conducted in the street design/construction process; how street construction standards are verified once streets are built; and the city maintaining street construction-related data. Council members and staff discussed whether a geo-grid or additional depth of limestone base is required/used on city bond projects. Assistant City Manager Keith Selman presented the following additional information: the pros and cons of concrete versus asphalt; and new residential street development issues. Council members and staff discussed the following topics: digging up new streets when utility repairs have to be made; not locating utilities under streets; maintenance of concrete versus asphalt streets; and evaluating the value of concrete versus asphalt when considering street construction bids. Corpus Christi Page 2 Printed on 5/3/2017 City Council Workshop Session Meeting Minutes April 27,2017 Mayor Pro Tem Rubio called for comments from the public. Chuck Urban, Urban Engineering, provided a history of developments in which developers constructed streets using concrete,the cost of using concrete versus asphalt in developer-constructed streets, and the effect weather and rainfall have on streets. Fred Braselton, Braselton Homes, spoke regarding concerns about the cost of developer-constructed streets that are a part of developers'overall costs of a development; reasons for phased subdivisions,the time needed to build out subdivisions, and platting permit extensions. Council members and staff discussed the following additional topics: location-specific design standards for street construction location;the Street Department's capacity to maintain existing concrete streets; developing a concrete street maintenance plan; that the City currently contracts out replacement of concrete street panels; status of progress on the Street Preventive Maintenance Program (SPMP); and extending the warranty period and/or requiring bonding from developers relating to developer-constructed streets. MOTION OF DIRECTION Council Member Rubio made a motion directing the City Manager to extend the warranty period for public improvements from one year to two years,seconded by Council Member Guajardo and passed unanimously(Council Member Vaughn -absent). D. ADJOURNMENT The meeting was adjourned at 5:00 p.m. Corpus Christi Page 3 Printed on 5/3/2017 CorCorpus Christi 1201 Leopard Street p Corpus Christi,TX 78401 r& cctexas.com Meeting Minutes City Council Workshop Session Monday, May 1, 2017 3:00 PM 1201 Leopard Street Basement Training Room Public Notice - - ITEMS ON THIS AGENDA ARE FOR COUNCIL'S INFORMATIONAL PURPOSES ONLY. COUNCIL MAY GIVE DIRECTION TO THE CITY MANAGER, BUT NO OTHER ACTION WILL BE TAKEN AND NO PUBLIC COMMENT WILL BE SOLICITED. THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE TRAINING ROOM DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Pro Tem Lucy Rubio to call the meeting to order. Mayor Pro Tem Lucy Rubio called the meeting to order at 3:03 p.m. B. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Margie C. Rose, City Attorney Miles K. Risley, and City Secretary Rebecca L. Huerta. C. BRIEFINGS TO CITY COUNCIL: 1. Public Safety Mayor Pro Tem Lucy Rubio referred to Item 1. City Manager Margie C. Rose provided opening remarks regarding Public Safety and introduced Police Chief Mike Markle who presented information on the following topics: number of police sworn staffing; history of staffing and funding sources; results of two manpower studies;suggested increase in the number of officers per year and associated costs; a breakdown of police civilian staffing and funding sources; a breakdown of the Police Department's fleet; a summary of police facilities and capital requests; police sworn staffing levels; and a summary of key points. Council members and staff discussed the following topics: the construction of a new training academy facility versus re-purposing an existing building; reasons the Corpus Christi Police Department(CCPD)was assigned responsibility for Animal and Vector Control and Code Enforcement and the Corpus Christi Page 1 Printed on 5/3/2017 City Council Workshop Session Meeting Minutes May 1, 2017 current management of same;the need for CCPD to pursue grants for additional police funding; an explanation of the Juvenile Assessment Center and its future;the impact of sales tax on CCPD staffing levels;separating CCPD sworn officers from the City's civilian employees,with respect to TMRS funding and related legal considerations; CCPD's request for additional funding and staffing levels and funding sources; and prioritizing budget funding. MOTION OF DIRECTION Council Member Guajardo made a motion directing the City Manager to find the funds,within the FY 2018 budget,for 24 new officers, in addition to the current allocation, and an additional academy,seconded by Council Member Rubio. Council members and staff discussed the following topics: potential funding sources; increasing ad valorem taxes to fund increased staffing in CCPD;first assessing all budget demands City-wide;the number of police officers requested by CCPD; assessing the long-term sustainability of funding additional police officers;the added cost of retirement that comes with funding additional police officers;the costs associated with funding less than 24 police officers;the addition of restrooms to the current Training Academy facility; actions taken by previous police administrations and city councils regarding police officer staffing;the City's collective bargaining obligations for the Police and Fire Departments;fully funding the City's Texas Municipal Retirement System (TMRS) obligation;the flexibility and constraints associated with funding TMRS obligations;joining a retirement system other than TMRS;the importance of meeting the retirement obligations made to current city employees; the importance of other City departments;sales tax leakage due to new out-of-city limits shopping venues; developing a plan to add police officers;the amount of ad valorem taxes going to maintenance and operations versus debt service; and increasing ad valorem taxes to cover debt service. The motion directing the City Manager to find the funds,within the FY 2018 budget,for 24 new officers, in addition to the current allocation, and an additional academy, failed with the following vote: Council Members Rubio, Garza, Hunter, McComb, Molina, Smith and Vaughn voting No; and Council Member Guajardo voting Aye. Fire Chief Robert Rocha presented information on the following topics: field operation staffing; apparatus staffing;four-person staffing; a staffing implementation plan and associated costs; status of apparatus; Bond 2018 capital equipment requests; FY18-20 strategic vehicle replacement plan;safety issues; examples of units currently in use; a summary of fire stations and their ages;fire station infrastructure issues; Bond 2018 capital project requests; FY 20-29 long-range capital projects; and additional salary-and FTE-related requests. Council members and staff discussed the following topics: fees paid to the contracted Fire Protection Engineer located in Fort Worth, Texas; the cost per FTE of Fire personnel being presented by Chief Rocha on a base-salary basis versus on an "all in" basis; a history of the Emergency Management Districts (ESD)in Flour Bluff and Annaville; concern regarding both ESDs and the City of Corpus Christi assessing ad valorem taxes for fire service in Flour Bluff and Annaville; and that the City is drafting an agreement between the Corpus Corpus Christi Page 2 Printed on 5/3/2017 City Council Workshop Session Meeting Minutes May 1, 2017 Christi Fire Department(CCFD)and the ESD in Flour Bluff and Annaville. MOTION OF DIRECTION Council Member Guajardo made a motion directing the City Manager as follows: for any percentage over the 39 percent of the collected monies, by the EMS billing services,to be allocated back into the Fire Fund for their personnel and other needs,seconded by Council Member Vaughn. Council members discussed the importance of considering/reviewing the budget in its entirety before making commitments. The motion directing the City Manager as follows: for any percentage over the 39 percent of the collected monies, by the EMS billing services,to be allocated back into the Fire Fund for their personnel and other needs,failed with the following vote: Council Members Rubio, Garza, McComb, Molina, Smith and Vaughn voting No; and Council Members Guajardo and Hunter voting Aye. Council members and staff discussed the following additional topics: the part-time Medical Director's salary being increased by$60,000 per year and monies from EMS billings to be used to pay for same;the Medical Director's job description; the need for building improvements; concern regarding CCFD's long response times in specific instances versus the Annaville ESD's response time; legal issues relating to dispatching fire service units from outside the city limits to calls within the city limits;the start date of the Intermedix billing contract; carrying Continuous Positive Airway Pressure (CPAP) devices in EMS units; wanting information on how changes can be made relating to citizens in Annaville and Flour Bluff being assessed ad valorem taxes for both an ESD and the City of Corpus Christi for fire service; citizens'frustration with ESD#2;ensuring monies from anticipated EMS billing collections are realized before they are budgeted; development of a call-reduction program in the Fire Department; budgeting for maintenance of existing Fire Department facilities versus by means of bond issuances; and 3 firefighters per vehicle versus 4. D. ADJOURNMENT The meeting was adjourned at 5:08 p.m. Corpus Christi Page 3 Printed on 5/3/2017 City Of Corpus Christi BUILDING CODE BOARD OF APPEALS BOARD DETAILS The Building Code Board of Appeals (BCBOA) shall SIZE 7 L have the power to hear individual appeals of decisions TERM LENGTH 2 Years and interpretations of the building official on rulings and alternate materials and methods of construction OVERVIEW Years and, consider individual variances of the City Building Code, Existing Building Code, Residential Construction Code, Flood Hazard Prevention Code, and Energy Conservation Code. Furthermore, the BCBOA shall have the power, after having obtained public comment, to recommend to the City Council changes to the City Building Code, Existing Building Code, Residential Construction Code, Flood Hazard Prevention Code, and Energy Conservation Code. ................................................................................................................................................................................................................................................................................................................................................................................. COMPOSITION Seven (7)members appointed by the City Council for two-year staggered terms. It F-Ek must include an architect,a general contractor,an engineer,three(3)members at-large from the building industry,and one member not connected with the building industry.Quorum shall require four(4)members.The Board shall elect a chairman and vice chairman during the first meeting of each calendar year. DETAILS ............................................................................................................................................................................................................................................................................................................................... CREATION/AUTHORITY Ordinance No. 12604 as amended by Ordinance No. 13554; (Sec. 1, City Code amending Sec. 111, Standard Building code, 1985 Edition);Ordinance No. 021 208-8/06/91;Ordinance No. 028665-6/29/10,Ordinance No. 029726 1/15/13. ............................................................................................................................................................................................................................................................................................................................. MEETS Once quarterly,on the 3rd Thursday of the month in which called, 1:30 p.m., Frost Bank Building, Fire Department's Conference Room,3rd Floor;and on call as deemed necessary. ............................................................................................................................................................................................................................................................................................................................. TERM DETAILS Two-year staggered terms. ............................................................................................................................................................................................................................................................................................................................... DEPARTMENT Development Services .................................................................................................................................................................................................................................................................. COMMITTEE/SUBCOMMITEE N/A AGENDAS ................................................................................................................................................................................................................................................................................................................................ OTHER INFORMATION BUILDING CODE BOARD OF APPEALS Page 1 of 1 Building Code Board of Appeals Members May 9,2017 Three(3)vacancies with terms to 5-4-19 representing the following categories: 1-Architect,1-General Contractor and 1-Member At-Large from the Building Industry. Chuck Anastos BUILDING CODE BOARD OF APPEALS Seeking reappointment District 2 2 05/04/17 Architect Chair 80%4/5 meetings(1 exc.) Garry M.Camp BUILDING CODE BOARD OF APPEALS Seeking reappointment District 5 1 05/04/17 General Contractor Member 100%5/5 meetings Randy Farrar BUILDING CODE BOARD OF APPEALS Seeking reappointment District 5 2 05/04/17 Building Industry Member 80%4/5 meetings(1 exc.) Robert Knowles,P.E. BUILDING CODE BOARD OF APPEALS Active District 4 2 05/04/18 Engineer Member Ramiro Munoz III BUILDING CODE BOARD OF APPEALS Active District 5 2 05/04/18 Building Industry Member Ray Jones BUILDING CODE BOARD OF APPEALS Active District 4 3 05/04/18 Building Industry Member Steven R.McClure,Sr. BUILDING CODE BOARD OF APPEALS Active District 1 2 05/04/18 Not Connected With Building Industry Member Building Code Board of Appeals Applicants May 9,2017 (Note: There are no applicants for this board. The City Secretary's Office does year-round recruitment for all board,commission and committees,however,no one has applied.) 1® City Of Corpus Christi COASTAL BEND COUNCIL OF GOVERNMENTS BOARD DETAILS SIZE 13 Seats The Coastal Bend Council of Governments shall prepare and TERM LENGTH 2 Years recommend to participating local OVERVIEW TERM LIMIT N/A 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. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION City shall appoint nine(9) members for two years(but terms shall be at the F-�'kcomplete discretion of the City Council),at least four(4)being elected officials. DETAILS CREATION/AUTHORITY Ordinance No.8246, Motion M83-0391 -7/20/83.Ch.391,Texas Local Government Code _.............................................................................................................................................................................................................................................................................................................................. MEETS 4th Friday,2:00 p.m.;Council of Government(COG). _.............................................................................................................................................................................................................................................................................................................................. TERM DETAILS Two-year terms. ..................................................................................................................................................................................................................................................... DEPARTMENT Coastal Bend Council of Governments COMMITTEE/SUBCOMMITEE AGENDAS OTHER INFORMATION COASTAL BEND COUNCIL OF GOVERNMENTS Page 1 of 1 Coastal Bend Council of Governments Members May 9, 2017 Nine(9)vacancies with terms to 4-30-19,with four(4) being elected officials. (Note: City Manager Rose is recommending the reappointments of Richie Quintero, Tom Tagiiabue, Pat Eldridge(Alternate), Rebecca Huerta(Alternate), Lawrence Mikoiajczyk(Alternate),and Mark Van Vieck(Alternate). She is also recommending the new appointments of Keith Selman who is replacing Jay Ellington and Rudy Bentancourt who is replacing Pat Veteto.) i . , Jay Ellington COASTAL BEND COUNCIL OF GOVERNMENTS Term Expired Partial 04/30/17 Member Richie Quintero COASTAL BEND COUNCIL OF GOVERNMENTS Term Expired 2 04/30/17 Member Margie Rose COASTAL BEND COUNCIL OF GOVERNMENTS Term Expired 2 04/30/17 Member Tom Tagliabue COASTAL BEND COUNCIL OF GOVERNMENTS Term Expired 2 04/30/17 Member Pat Veteto COASTAL BEND COUNCIL OF GOVERNMENTS Term Expired Partial 04/30/17 Member Pat Eldridge COASTAL BEND COUNCIL OF GOVERNMENTS Term Expired 2 04/30/17 Alternate Rebecca Huerta COASTAL BEND COUNCIL OF GOVERNMENTS Term Expired 1 04/30/17 Alternate Lawrence Mikolajczyk COASTAL BEND COUNCIL OF GOVERNMENTS Term Expired 2 04/30/17 Alternate Mark Van Vleck COASTAL BEND COUNCIL OF GOVERNMENTS Term Expired Partial 04/30/17 Alternate Rudy Garza COASTAL BEND COUNCIL OF GOVERNMENTS Term Expired Partial 04/30/17 Member Michael T. Hunter COASTAL BEND COUNCIL OF GOVERNMENTS Term Expired Partial 04/30/17 Member Ben Molina COASTAL BEND COUNCIL OF GOVERNMENTS Term Expired Partial 04/30/17 Member Greg Smith COASTAL BEND COUNCIL OF GOVERNMENTS Term Expired Partial 04/30/17 Member City Of Corpus Christi CORPUS CHRISTI CONVENTION & VISITORS BUREAU BOARD DETAILS The Corpus Christi Convention &Visitors Bureau solicits SIZE 13 Seats various organizations and associations to conduct fn meetings/conventions/tradeshows within Corpus Christi year- 107 TERM LENGTH 2 Years round;to promote the City as a year-round destination;to design and implement an advertising campaign with state, OVERVIEW TERM LIMIT 6 Years national and international coverage to feature the Corpus Christi area as an attractive region in which to vacation or have conventions or group meetings;to provide support services to conventions in Corpus Christi;to operate visitor information centers;to provide information and advice to businesses interested in tourism and convention-related business in the Corpus Christi area; and to advise the City on projected growth of tourism and convention-related businesses to assist City planning efforts. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION Thirteen (13)members selected directly by the City Council.The members shall F-�Ik be representatives of the following groups:3-hotel industry;3-attraction industry;2-restaurant industry;and 5-community at-large.The Mayor and City Manager,or their designees,shall serve as ex-officio non-voting members of the Board.In addition,the Council will appoint a representative from the Port of DETAILS Corpus Christi Authority,a representative from the Regional Transportation Authority and a representative from the C.C. International Airport to serve as ex- officio advisory non-voting members.Appointments will be for two-year staggered terms. No person may serve as a voting member for a period longer than six years consecutively,unless such service is required by virtue of the person's position or title or to complete an unexpired term. .................................................................................................................................................................................................................................... CREATION/AUTHORITY Motion No.2006-209,7/11/06; Motion No.2006-243,7/25/06; Motion No.2010- 282, 11/16/10; Motion No.2013-028,2/12/13; Motion No.2014-155, 11/18/14. .. .. .. .. .. .. .. .......................................................................................................................................................................................................................................................... MEETS 3rd Thursday of every month, 12:00 p.m., Bay Building, 101 Shoreline, Ste.430. ........................................................................................................................................................................................................................................ TERM DETAILS Two-year staggered terms. ............................................................................................................................................................................................................................................................................................................................. DEPARTMENT Convention and Visitors Bureau .................................................................................................................................................................................................................................................................................................... COMMITTEE/SUBCOMMITEE N/A AGENDAS ............................................................................................................................................................................................................................................................................................................................. OTHER INFORMATION .............................................................................................................................................................................................................................................................................................................................. CORPUS CHRISTI CONVENTION & VISITORS BUREAU Corpus Christi Convention and Visitors Bureau Members May 9,2017 One(1)vacancy with term to 10-1-17 representing the following category:1-Restaurant Industry. (Note:The Corpus Christi Convention and Visitors Bureau(CCCVB)is recommending the new appointments of Lynn Frazier(Restaurant Industry)or Fred F.Soward III(Restaurant Industry). The CCCVB is required to submit at least two names for consideration.) Brooke Senterfitt-Montes CORPUS CHRISTI CONVENTION&VISITORS BUREAU Resigned District 5 1 10/01/17 Restaurant Industry Member Johnny Philipello CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 1 10/01/17 Attraction Industry Member Kamlesh Bhikha CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 1 1 10/01/17 Hotel Industry Member Melody Nixon-Bice CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 5 1 10/01/17 Hotel Industry Member Ed Cantu CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 5 1 10/01/18 At-Large Member Terri Adams CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active Other/Non-Resident 2 10/01/18 Attraction Industry Member James Kunau CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 5 2 10/01/18 Attraction Industry Member Jason Rodriguez CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 4 2 10/01/18 Restaurant Industry Member Ken Griffin CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active Other/Non-Resident 3 10/01/18 At-Large Member Rakesh"Rick"Patel CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 3 10/01/17 Hotel Industry Member Darcy Schroeder CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 2 3 10/01/18 At-Large Member James"Jim"Needham CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 3 10/01/18 At-Large Member Angie Flores Granado CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 2 3 10/01/17 At-Large Member Margie Rose CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active N/A N/A N/A City Manager Ex-Officio,Non-voting Lucy Rubio CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active N/A N/A N/A Mayor Pro Tem Ex-Officio,Non-voting Patricia Cardenas CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active N/A N/A N/A Port of Corpus Christi Authority Ex-Officio,Non-voting Terry Klinger CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active N/A N/A N/A Regional Transportation Authority Ex-Officio,Non-voting Fred Segundo CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active N/A N/A N/A Corpus Christi International Airport Ex-Officio,Non-voting Corpus Christi Convention and Visitors Bureau Applicants May 9,2017 SMR& Ad lw Immm Lynn Frazier CORPUS CHRISTI CONVENTION&VISITORS BUREAU District 1 Magnum Oil Tools International 5655 Bear Lane Corpus Christi TX 361-944-9040 Restaurant Industry Josh Richline CORPUS CHRISTI CONVENTION&VISITORS BUREAU District 2 Richline Technical Services 114 Mesquite St Corpus Christi TX 361-662-6297 Restaurant Industry Fred F.Soward III CORPUS CHRISTI CONVENTION&VISITORS BUREAU District 4 Doc's Seafood and Steaks jL 13309 S.P.I.D. Corpus Christi TX 361-949-6744 Restaurant Industry APPLICATION FOR A CITY BOARD, COMMISSION OR COMMITTEE Submit Date: Apr 20, 2017 CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted PARKING ADVISORY COMMITTEE: Submitted Profile Lynn _ Frazier Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU, PARKING ADVISORY COMMITTEE Street Address Suite or Apt low City State Postal Code District 1 What district do you live in? lwmmwm� Primary Phone Alternate Phone MAGNUM OIL TOOLS INTERNATIONAL CEO/President Employer Job Title 5655 BEAR LANE Work Address-Street Address and Suite Number CORPUS CHRISTI Work Address-City TX Work Address-State 78405 Work Address-Zip Code Lynn Frazier 361-944-9040 Work Phone LYNN.FRAZIER@a MAGNUMOILTOOLS.COM Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Owner of Fajitaville Why are you interested in serving on a City board, commission or committee? Registered Voter? r Yes r No Current resident of the city? Yes No 17 If yes,how many years? Upload a Resume Please upload any additional supporting documents Demographics Lynn Frazier 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 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Lynn Frazier Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Restaurant Industry Question applies to PARKING ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories?Select one of the following J Corpus Christi Beach Task Force Nominee Lynn Frazier APPLICATION FOR A CITY BOARD, COMMISSION OR COMMITTEE Submit Date: Jan 14, 2017 CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: Submitted Profile Josh _ Richline Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU, CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Street Address Suite or Apt City State Postal Code District 2 What district do you live in? lmwmwm� Primary Phone Alternate Phone Richline Technical Services Partner-Business Development Employer Job Title 114 Mesquite St Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State 78401 Work Address-Zip Code Josh Richline 361-882-6297 Work Phone jrichline@a richline.cc 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: N/A Education, Professional and/or Community Activity (Present) Current Board Member of Corpus Christi Yacht Club (as such MAY qualify as representing a restaurant or attraction-not sure). Owner Richline Technical Services-Information Technology Company specializing in support small and medium businesses' Computer and Network Support for over 16 years. Past Fleet Captain Corpus Christi MORF (the sailing fleet here in Corpus Christi). College at Southwest Texas State (now Texas State at San Marcos) Why are you interested in serving on a City board, commission or committee? Registered Voter? r. Yes r No Current resident of the city? Yes (- No 16 If yes,how many years? Upload a Resume Please upload any additional supporting documents Josh Richline 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. W I Agree Josh Richline 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 CONVENTION &VISITORS BUREAU. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? 9 Restaurant Industry Josh Richline APPLICATION FOR A CITY BOARD, COMMISSION OR COMMITTEE Submit Date: Apr 04, 2017 CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Profile Fred F Soward III Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU Street Address Suite or Apt oft City State Postal Code District 4 What district do you live in? lwmnm� Primary Phone Alternate Phone Doc's Seafood and Steaks owner operator Employer Job Title 13309 S.P.I.D. Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State 78418 Work Address-Zip Code Fred F Soward II I Page 1 of 4 361-949-6744 _ Work Phone fred@docsseafoodandsteaks.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) Ray High School, owner operator of Docs Seafood and Steaks, owner operator Soward Properties Why are you interested in serving on a City board, commission or committee? Registered Voter? r Yes r No Current resident of the city? Yes No 40+ If yes,how many years? Fred Soward Resume 4-4-17.doc Upload a Resume Please upload any additional supporting documents Demographics Fred F Soward II I 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 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Fred F Soward II I Page 3 of 4 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Restaurant Industry Fred F Soward II I Page 4 of 4 FRED SOWARD Brief Resume Education: 1977 W.B. Ray High School Experience: DOC'S SEAFOOD and STEAKS 2000-Present Owner/Operator Doc's Seafood and Steaks is a family-owned and operated restaurant serving the South Texas community and tourism industry since 2000, three-time winner of People's Choice Taste of the Island. SOWARD PROPERTIES, LLC 2014-Present Owner/Operator Padre Island townhome rentals. BLUE DOLPHIN CAR WASH 2002-2014 Owner/Operator Padre Island car wash facility. Community Activities /Extracurricular: Active in Corpus Christi sailing community. Past MORF Sailing Fleet Captain. 2016 Overall Competition Sailing Cup Winner 2015-Current, National Youth Sailing volunteer Assistant Pop Warner Football Coach Active Sponsor and Supporter of Flour Bluff Football Program Active Sponsor and Supporter of Flour Bluff Cheerleading Program References Available Upon Request City Of Corpus Christi ELECTRICAL ADVISORY BOARD BOARD DETAILS SIZE 10 Seats The Electrical Advisory Board shall review in grievances filed against any licensed electrical 107 TERM LENGTH 2 Years contractor and other grievances filed within the OVERVIEW TERM LIMIT 6 Years scope of the City Electrical Code, and concur on a proposed alternative material, alternate method of construction, or technical ruling prior to such alternative or ruling becoming effective. Furthermore, the Electrical Advisory Board shall have the power, after having obtained public comment, to recommend to the City Council changes to the City Electrical Code. ................................................................................................................................................................................................................................................................................................................................................................................. COMPOSITION Ten (10)persons appointed by the City Council:two(2)persons with at least five EZ7_)k years active experience as a master electrician;one(1) person with at least five years active experience as a journeyman electrician;two(2)engineers,one(1)of whom shall have a bachelor of science degree in electrical engineering and a minimum of five(5)years experience in the practice of electrical engineering, DETAILS preference for appointment may be given to professional engineers licensed in the State of Texas;one(1)person with five(5)years experience in the commercial building industry;one(1)person with five(5)years experience in the home building industry;one(1)person not connected with the electrical industry;one(1) person who shall be a field representative from a utility power distribution company that services the Corpus Christi area and have had at least five(5)years of experience;and one(1)person who shall have at least five(5)years of experience in the electrical supply business.Six(6)members of the Board constitute a quorum,and concurring vote of not less than six(6)members is necessary to constitute an official action of the Board. Members serve two-year staggered terms. ............................................................................................................................................................................................................................................................................................................................... CREATION/AUTHORITY Section 14-226(b),Code of Ordinances;Ord. Nos.9499,9606,9612, 13125, 13617, 17475; 021 076-2/12/91;021 208-8/06/91;025467 9/09/03;026426 8- 30-05;027119 1-23-07, 029726 1/15/13;Ord. No.30590-8/25/15. ............................................................................................................................................................................................................................................................................................................................... MEETS Once quarterly,on the 4th Thursday of the month in which called,3:00 p.m., Frost Bank Building, Fire Departments Conference Room,3rd Floor;and on call as deemed necessary. ............................................................................................................................................................................................................................................................................................................................. TERM DETAILS DEPARTMENT Development Services ELECTRICAL ADVISORY BOARD Page 1 of 2 .............................................................................................................................................................................................................................................................................................................................. COMMITTEE/SUBCOMMITEE N/A AGENDAS _.............................................................................................................................................................................................................................................................................................................................. OTHER INFORMATION ............................................................................................................................................................................................................................................................................................................................ ELECTRICAL ADVISORY BOARD Page 2 of 2 Electrical Advisory Board Members May 9,2017 Nine(9)vacancies with terms to 12-31-17 and 12-31-18 representing the following categories: 1-Master Electrician,1-Electrical Supply Business Representative, 1-Commercial Builder, 1-Journeyman Electrician,1-Person not Connected to the Electrical Industry,1-Utility Power Distributor Representative,1-Registered Professional Engineer,1-Electrical Engineer,and 1-Home Builder. (Note:City Staff is recommending the postponement of the Electrical Engineer and Home Builder categories for further recruitment.) Robert Aguilar ELECTRICAL ADVISORY BOARD Seeking reappointment District 2 12/31/16 Master Electrician Member 100%2/2 Robert Sandate ELECTRICAL ADVISORY BOARD Seeking reappointment District 3 1 12/31/16 Electrical Supply Business Representative Member 100%2/2 Michael Douglas ELECTRICAL ADVISORY BOARD Not seeking reappointment District 1 Partial 12/31/15 Commercial Builder Member Jesse Gatewood ELECTRICAL ADVISORY BOARD Met the six-year term limitation District 3 12/31/16 Journeyman Electrician Vice-Chair Mary Lou Herrera ELECTRICAL ADVISORY BOARD Exceeded absences allowed District 5 2 12/31/16 Not connected to the Electrical Industry Member Alfred Tristan ELECTRICAL ADVISORY BOARD Not seeking reappointment District 5 2 12/31/16 Utility Power Distributor Representative Member Vernon Wuensche ELECTRICAL ADVISORY BOARD Deceased District 1 12/31/17 Registered Professional Engineer Member Steven Deases ELECTRICAL ADVISORY BOARD Met the six-year term limitation District 5 3 12/31/16 Electrical Engineer Chair William Pitchford ELECTRICAL ADVISORY BOARD Met the six-year term limitation District 4 3 12/31/16 Home Builder Member Kevin Martinez ELECTRICAL ADVISORY BOARD Active District 4 3 12/31/17 Master Electrician Member Electrical Advisory Board Applicants May 9,2017 William R.Ashcraft,Jr. ELECTRICAL ADVISORY BOARD District AEP 7001 Saratoga Corpus Christi TX 361-774-3986 Field Representative-Utility Power Distribution Company David A.Ca rra nco ELECTRICAL ADVISORY BOARD District I.B.E.W.L.U.278 2301 Saratoga Blvd. Corpus Christi TX 361-855-1084 Journeyman Electrician John McMullan ELECTRICAL ADVISORY BOARD District Urban Engineering 2725 Swantner Drive Corpus Christi TX 361-854-3101 Engineer(Registered Professional in the State of Texas) David S.Schury ELECTRICAL ADVISORY BOARD District 5 D&S S Construction,Inc. P.O.Box 8313 Corpus Christi TX 361-992-3566 Commercial Builder Lyndon E.Smiling ELECFRICAL ADVISORY BOARD District4 Sikorsky Aircraft 308 Crecy Street Corpus Christi TX Not Connected with Electrical Industry APPLICATION FOR A CITY BOARD, COMMISSION OR COMMITTEE Submit Date: May 02, 2017 ELECTRICAL ADVISORY BOARD: Submitted Profile William R Ashcraft Jr. Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? ELECTRICAL ADVISORY BOARD Street Address Suite or Apt City State Postal Code District 4 What district do you live in? lwmnm� Primary Phone Alternate Phone AEP Distribution Systems Supervisor Employer Job Title 7001 Saratoga Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State 78414 Work Address-Zip Code William R Ashcraft Jr. Page 1 of 4 3617743986 Work Phone wrashcraft@aep.com Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) High School Why are you interested in serving on a City board, commission or committee? Help with the Overall Integrity of the Electrical System for Safety and Reliability. Registered Voter? r Yes r No Current resident of the city? r Yes No 50 If yes,how many years? Upload a Resume Please upload any additional supporting documents Demographics William R Ashcraft Jr. 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 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. V I Agree William R Ashcraft Jr. Page 3 of 4 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? * fJ Field Representative from Utility Power Distribution Company (minimum five years' experience) William R Ashcraft Jr. Page 4 of 4 APPLICATION FOR A CITY BOARD, COMMISSION OR COMMITTEE Submit Date: Dec 29, 2016 ELECTRICAL ADVISORY BOARD: Submitted Profile David A Carranco Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? ELECTRICAL ADVISORY BOARD Street Address Suite or Apt City State Postal Code District 3 What district do you live in? lwmnm� Primary Phone Alternate Phone I.B.E.W. L.U. 278 Electrician Employer Job Title 2301 Saratoga Blvd. Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State 78417 Work Address-Zip Code David A Carranco Page 1 of 4 3618551084 Work Phone do@ibew278.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: Education, Professional and/or Community Activity (Present) Graduate of Moody High School 2004 NJATC Electrical Apprenticeship Trade School Texas State Licensed Journeyman Electrician Why are you interested in serving on a City board, commission or committee? Registered Voter? Yes r No Current resident of the city? Yes No 31 If yes,how many years? Upload a Resume Please upload any additional supporting documents Demographics David A Carranco Page 2 of 4 Hispanic Ethnicity Male Gender Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. V I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. V I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. ,W I Agree David A Carranco Page 3 of 4 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 Journeyman Electrician (minimum five years' experience) David A Carranco Page 4 of 4 APPLICATION FOR A CITY BOARD, COMMISSION OR COMMITTEE Submit Date: Mar 20, 2017 AIRPORT BOARD: Submitted 'US CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE: Submitted ELECTRICAL ADVISORY BOARD: Submitted TRANSPORTATION ADVISORY COMMISSION: Submitted WATER RESOURCES ADVISORY COMMITTEE: Submitted Profile John McMullan Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? AIRPORT BOARD, CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE, ELECTRICAL ADVISORY BOARD, TRANSPORTATION ADVISORY COMMISSION, WATER RESOURCES ADVISORY COMMITTEE Street Address Suite or Apt City State Postal Code District 5 What district do you live in? lwmnm� Primary Phone Alternate Phone Urban Engineering Project Engineer Employer Job Title 2725 Swantner Drive Work Address-Street Address and Suite Number Corpus Christi Work Address-City John McMullan Page 1 of 5 TX Work Address-State 78404 Work Address-Zip Code 361-854-3101 Work Phone dougm@urbaneng.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: Not currently serving on a City Board or Commission. Served on the Zoning Board of adjustment from 2010 to April 2016. Education, Professional and/or Community Activity (Present) Bachelor or Engineering, Civil Engineering. Currently representing the Corpus Christi Branch the American Society of Civil Engineers as the Texas Section Director. Why are you interested in serving on a City board, commission or committee? Registered Voter? r Yes r• No Current resident of the city? r Yes r No 20 If yes,how many years? John McMullan Page 2 of 5 Resume Doug McMullan2.pdf Upload a Resume Please upload any additional supporting documents Demographics 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. TJ I Agree John McMullan Page 3 of 5 Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Board-specific questions (if applicable) Question applies to CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION/LOAN REVIEW COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Engineer 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 Engineer (Registered Professional in the State of Texas) John McMullan 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? rYes rNo 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? 9 Residential Customer and Home Owner of City's Water System John McMullan Page 5 of 5 J. Douglas McMullan, P.E. Project Engineer Engineering Experience Urban Engineering,Project Engineer(2011 to Present) Freese and Nichols, Project Engineer(2008 to 2011) Urban Engineering,Project Engineer(1997 to 2008) Ainley&Associates, Ltd., Project Engineer(1995 to 1997) Barrie Inspection&Testing Field Engineer(1994 to 1995) Henderson Paddon&Assoc,Ltd., Engineering Technician(1987 to 1992) Experience 22 years During his eighteen years as a project engineer Mr. McMullan has provided design and project management services on water/wastewater utility, wastewater treatment, street Education rehabilitation and environmental projects. Mr. McMullan has prepared fee proposals, Lakehead University— negotiated with clients and facilitated the design, bidding and construction administration of Thunder Bay, Ontario, projects. Mr. McMullan has also prepared the scope of services for electrical, geotechnical, Canada(1994) structural and environmental sub- consultants and negotiated contracts with them to B.S. Engineering in Civil undertake the work. Mr. McMullan has provided direction to drafting and technical leads in the Engineering design and preparation of contract documents. He has supervised the preparation of permit applications for TxDOT, USACE, TGLO, TPDES (wastewater discharge), re-use of treated effluent Registrations and air emissions. Through his design and project management experience Mr. McMullan has Licensed Professional assisted many clients in realizing their project goals in an economical and efficient manner. Engineer,PE(2003),Texas Board of Professional Selected Major Projects Engineers Water: Licensed Professional • Padre Island Water Line and Gas Line Extension Phase 2 (E10172), Project Manager Engineer,P. Eng.(1998) • Padre Island Water Supply Improvements Phase 1(E10172),Project Manager Professional Engineers of • Valero Three Rivers Water Supply Improvements Ontario,Canada • Harbor Island Water Supply Improvements, Project Manager Certification • Staples Street Pumping Station New 10 MGD Pumps (E12004), Project Manager Registered as a Project • City Wide Water Distribution System Repair and Replacement IDIQ Procurement ManagementProfessional,PMP(2012) (8610), Project Manager PMI • Southside Water Transmission Main Phases 2through 6,Project Engineer/Project Manager Memberships Wastewater: American Society of Civil Engineers(2004) • Park Road 22 Lift Station and Force Main, Project Engineer, Project Manager American Water Works • City-Wide Wastewater Collection System R&R IDIQ, Project Manager Association(2017) • City of Corpus Christi-Arcadia Lift Station Odor Control,Project Engineer Water Environment • Broadway Basin SSO-1/1 and Rehabilitation Stage II, Project Manager Federation (2008- • Broadway Basin Sanitary Sewer Evaluation Study, Project Manager 2017) • Broadway WWTP Basin Service Area Sewer Line Rehabilitation,Project Manager Project Management Institute(2010) • City of Three Rivers-Treated Effluent Force Main,Project Engineer, Project Manager • City of Rockport Sanitary Sewer Rehabilitation, Project Manager Civic Volunteering City of Corpus Christi, Zoning Board of Adjustment(2010- 2016) URBAN ENGINEERING APPLICATION FOR A CITY BOARD, COMMISSION OR COMMITTEE Submit Date: May 02, 2017 ELECTRICAL ADVISORY BOARD: Submitted Profile David S. Schury Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? ELECTRICAL ADVISORY BOARD WanBMW Street Address Suite or Apt City State Postal Code District 5 What district do you live in? �■s•� awe Primary Phone Alternate Phone D & S S Construction Inc. Vice President of Operations Employer Job Title P.O. Box 8313 Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State 78468 Work Address - Zip Code David S. Schury 361-992-3566 Work Phone david@dssconstruction.com Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Previously served on the EAB from 2008 to 2013; Union Member of the United Brotherhood of Carpenters, Local 1423; Attended CCSU and Del Mar College; previously Carpenter Foreman and Building Trades Instructor - FBISD; Sole Proprietor of D & S S Construction (Aug. 1980 to Dece. 1988); VP-Secretary/Treasurer of D & S S Construction Dec 1988 to present. Why are you interested in serving on a City board, commission or committee? Registered Voter? Yes c No Current resident of the city? (= Yes ( No 40 If yes, how many years? Upload a Resume Please upload any additional supporting documents David S. Schury 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. 17 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. TJ I Agree David S. Schury Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. iw 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? * IJ Commercial Building Industry (minimum five years' experience) David S. Schury APPLICATION FOR A CITY BOARD, COMMISSION OR COMMITTEE Submit Date: Apr 26, 2017 AIRPORT BOARD: Submitted ELECTRICAL ADVISORY BOARD: Submitted OIL AND GAS ADVISORY COMMITTEE: Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted TRANSPORTATION ADVISORY COMMISSION: Submitted WATER RESOURCES ADVISORY COMMITTEE: 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 Suite or Apt ■w s City State Postal Code District 4 What district do you live in? 111 winitnin Primary Phone Alternate Phone Sikorsky Aircraft Operations Manager Employer Job Title 308 Crecy Street Work Address - Street Address and Suite Number Corpus Christi Work Address - City Lyndon E Smiling Page 1 of 5 Texas Work Address - State 78419 Work Address - Zip Code Work Phone 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) Why are you interested in serving on a City board, commission or committee? Registered Voter? rYes r No Current resident of the city? Yes r No 16 If yes, how many years? Lyndon E Smiling Page 2 of 5 Smiling Aug 2016 rev 1.docx Upload a Resume Please upload any additional supporting documents Demographics Other Ethnicity Male Gender Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, 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 Lyndon E Smiling Page 3 of 5 Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. r! I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ 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? * 1`J Not Connected with Electrical Industry Lyndon E Smiling Page 4 of 5 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? * IW Not Connected with Oil and Gas Well Industry Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Are you a resident of the Port Authority district and an elector* of Nueces County? Yes r 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? eYes cNo 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? CYes allo 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? * i Residential Customer and Home Owner of City's Water System Lyndon E Smiling Page 5 of 5 Lyndon E.K. Smiling E'M 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: Management/Supervision Instructor Specialized Databases Financial/Accounting Work Experience Budgeting Data Management/Reporting Shipping/Receiving Procurement Inventory Control 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 City Of Corpus Christi LIBRARY BOARD BOARD DETAILS T OVERVIEW SIZE 9 Seats TERM LENGTH 2 Years TERM LIMIT 6 Years 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. DETAILS COMPOSITION Nine (9) members of which seven (7) members shall be appointed for two-year terms by the City Council, one (1) member shall be nominated by the La Retama Club, and one (1) shall be nominated 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 / AUTHORITY 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. MEETS 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. TERM DETAILS Two-year terms. DEPARTMENT Libraries COMMITTEE/ SUBCOMMITEE AGENDAS OTHER INFORMATION LIBRARY BOARD Page 1 of 1 One (1) vacancy with term to 11/5/17. Name Board Name Library Board Members May 9, 2017 Status District Term End Date Category Position Juanita Hernandez LIBRARY BOARD Resigned District 1 1 11/05/17 Member Tom Krepel LIBRARY BOARD Active District 5 1 11/05/18 Member Alice Nixon LIBRARY BOARD Active District 5 1 11/05/18 La Retama Club Nominee Member Margaret Jane Epley Kratzig LIBRARY BOARD Active District 2 Partial 11/05/17 Member Harris M Worchel LIBRARY BOARD Active District 5 1 11/05/18 Friends of the Libraries Board Nominee Member Abigail Bair LIBRARY BOARD Active District 4 1 11/05/17 Member Janis G. Wood LIBRARY BOARD Active District 3 1 11/05/18 Member Candace S. Hart LIBRARY BOARD Active District 1 Partial 11/05/17 Member Brian Solarek LIBRARY BOARD Active District 4 2 11/05/17 Member Boards Applying For Zoraida J. Basaldu Library Board District Employer District 5 CITGO Work Address WEI Work Phone 7350 IH 374 West Corpus Christi TX (361) 844-4818 Library Board Applicants May 9, 2017 Ida A. Hobbs Library Board District 5 Corpus Christi Medical Center 7101 SPID Corpus Christi TX APPLICATION FOR A CITY BOARD, COMMISSION OR COMMITTEE Submit Date: Apr 10, 2017 HOUSING AUTHORITY: Submitted LIBRARY BOARD: Submitted OIL AND GAS ADVISORY COMMITTEE: Submitted TREE ADVISORY COMMITTEE: Submitted Profile Zoraida J. Basaldu Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? HOUSING AUTHORITY, LIBRARY BOARD, OIL AND GAS ADVISORY COMMITTEE, TREE ADVISORY COMMITTEE Street Address Suite or Apt City State Postal Code District 5 What district do you live in? wilnornms Primary Phone Alternate Phone CITGO Employer 7350 IH 374 West Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State Zoraida J. Basaldu Process Engineer Job Title 78409 Work Address - Zip Code (3610844-4818 Work Phone zbasald@citgo.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) Leadership Corpus Christi Class #45 Alumni Why are you interested in serving on a City board, commission or committee? Registered Voter? 6. Yes r No Current resident of the city? Yes r No 25 years If yes, how many years? Zoraida Basaldu Resume.doc Upload a Resume Please upload any additional supporting documents Zoraida J. Basaldu Demographics 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. 17 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. TJ I Agree Zoraida J. Basaldu Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree Board -specific questions (if applicable) Question applies to 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? * i None of the above Zoraida J. Basaldu ZORAIDA BASALDU Career Objectives To attain a meaningful and challenging position that utilizes my engineering skills and enables me to make a positive contribution to the company. Work History Feb 23, 2012 — Present CITGO Petroleum Corporation - Corpus Christi, Texas Process Engineer Process Engineer - Assigned to Naphtha Hydrotreater (NHT), Platformer (Plat), and Utilities units at the West Plant. - Responsible for daily unit monitoring for efficient process conditions and maximum production. - Responsible for all catalyst inventories, orders, and sampling. - Coordinate any process changes or modifications through MOC (Management of Change) process. - Responsible for inspection of all major equipment including towers and vessels during turnarounds and outages. - Serve as technical leader in all unit aspects. - Submit and present monthly unit reports to operations and managers. Aug 09, 2010 — Feb 22, 2012 Govind Development, LLC - Corpus Christi, Texas Project Engineer Job stationed © CITGO Petroleum Corporation. Currently serving for two different groups in the company, Project Engineer to Capital Projects Group and Firewater Engineer to HSSE Group. Project Engineer - PSV (Pressure Safety Valve) Modifications Project. Assist the project effort to mitigate current relief systems in refinery. Responsible for study basis, project design, project execution, and construction phases. Coordinate with Asset Managers, Unit Supervisors, Process Engineers, Designers, Operators and Contracting Companies for the most timely, safe, and cost effective solution. - Develop scopes of work, schedules, front end loading, and cost estimates for projects to be performed on PSV modifications during shutdowns or onstream. - Lead Tie-in / Blind Walk Thru. Coordinate with construction pre startup meetings. - Participate in Kick -Off, Detail Design, CERT (Cold Eyes Review Team), Construction, and weekly staff meetings. - Implement all design changes within refinery specifications and in accordance with MOC (Management of Change). Firewater Engineer - Develop economic based strategies and projects to drive continuous improvements to Firewater System and result in longevity and integrity of system. - Develop scopes of work, IFC (Issued for Construction) piping packages, MPA (Man Power Authorizations), and mitigation / isolation plans for all Firewater scheduled outages. - Coordinate with Fire Chief, Unit Supervisors, Operators, Foreman, and Planner any Firewater scheduled or emergency outages. - Implement all design changes within refinery specifications and in accordance with MOC (Management of Change). Jun 25, 2008 - Jul 30, 2010 BHP Engineering & Construction, LP - Corpus Christi, Texas Project Engineer To serve as Process/Project Engineer in multiple refinery and gas plant projects. Project management duties include supervision of staff of at least six in different engineering and drafting disciplines. Other duties include: monitoring progress of contracts and projects, verifying compliance with federal, state, and local rules, or codes in certain projects like OSHA / EPA standards, maintaining budget and man-hour summaries, in order to complete the job. Education Jan 2004 - May 2008 Texas A&M University -Kingsville - Kingsville, Texas Education Level: Bachelors of Science Degree Major: Chemical Engineering Total Hours: 150.0 Community Involvement Jun 2014 - Present AICHE - American Institute of Chemical Engineers- South Texas Chapter Serve as Vice Chair Jan 2015 - Present TEAM CITGO- Corpus Christi Refinery Serve as Chair APPLICATION FOR A CITY BOARD, COMMISSION OR COMMITTEE Submit Date: Mar 02, 2017 LIBRARY BOARD: Submitted PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Profile Ida Prefix First Name Email Address A Hobbs Middle Initial Last Name Which Boards would you like LIBRARY BOARD, PARKS AND to apply for? RECREATION ADVISORY COMMITTEE imummomensmumis Street Address Suite or Apt City State Postal Code District 5 What district do you live in? Primary Phone Corpus Christi Medical Center Employer 7101 SPID Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State 78412 Work Address - Zip Code 4111111111110.1111 Alternate Phone RN - Performance Improvement Reviewer Job Title Ida A Hobbs Page 1 of 4 Work Phone ida.hobbs@hcahealthcare.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: Previously served on Leadership Committee for Senior Services - 2 yrs as Chair. Termed out Education, Professional and/or Community Activity (Present) RN/BSN Volunteer in Dental Clinic of Timmon's Ministries Why are you interested in serving on a City board, commission or committee? Registered Voter? r Yes r No Current resident of the city? Yes r No 10 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Ida A Hobbs 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 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. I Agree Ida A Hobbs Page 3 of 4 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? * V' None of the Above Ida A Hobbs Page 4 of 4 City Of Corpus Christi SENIOR COMPANION PROGRAM ADVISORY COMMITTEE BOARD DETAILS OVERVIEW SIZE 7 Sea TERM LENGTH 2 Years TERM LIMIT 6 Years The Senior Companion Program Advisory Committee advises the City Council, City Manager, and Parks Department Staff regarding the Senior Companion Program (SCP) including, but not limited to: recruitment strategies; providing support in recruitment of volunteers and volunteer stations; serving as community advocates and liaisons; assisting in development of non-federal resources to include fundraising; advising on programming for impact; advising on how to measure trends and impact of trends in the community; assisting with development and implementation of program evaluations and surveys; conducting an annual assessment of the program by surveying program volunteers; bi-annually assessing project accomplishments and impact; and attending special events and activities related to the SCP. DETAILS COMPOSITION The committee shall consist of seven (7) members and must express an interest in the issues of older adults and have knowledge of the capabilities of older adults. The committee shall be composed of the following: 1 - SCP Volunteer (active volunteer for one-year/serve minimum fifteen (15) hours per week), 1 - SCP Volunteer Workstation representative (executive, director or similar leadership position at a current SCP Volunteer Station), and 5 - At -Large. All terms shall be two (2) years. CREATION / AUTHORITY Ordinance No. 027915, 10/28/08. MEETS Last Thursday of every month at 4:00 p.m., Lindale Senior Center. TERM DETAILS Two-year staggered terms. DEPARTMENT Parks and Recreation Department COMMITTEE/ SUBCOMMITEE AGENDAS OTHER INFORMATION SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Page 1 of 1 Name Senior Companion Program Advisory Committee Members April 11, 2017 One (1) vacancy with term to 6-6-18 representing the following category: 1 - Senior Companion Program Volunteer. (Note: The Senior Companion Program Advisory Committee is recommending the new appointment of Christine Head (Senior Companion Program Volunteer). Board Name Status District 1111 End Date MI Vacant SENIOR COMPANION PROGRAM ADVISORY COMMITTEE 06/16/18 Senior Companion Program Volunteer Jeannine M. Leal Veronica Marsello Sherry DuBois SENIOR COMPANION PROGRAM ADVISORY COMMITTEE SENIOR COMPANION PROGRAM ADVISORY COMMITTEE SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Active District 4 1 Active District 2 1 Active District 5 1 06/16/18 At -Large 06/16/17 SCP Volunteer Workstation Representative 06/16/17 At -Large Member Member Co -Chair Tami Longino SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Active District 4 2 06/16/17 At -Large Chair Shirley Selz SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Active District 5 3 06/16/17 At -Large Member Veronica Ramirez SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Active District 3 1 06/16/18 At -Large Member Senior Companion Program Advisory Committee Applicants April 11, 2017 Boards A••I in For Cate or Christine Head SENIOR COMPANION PROGRAM ADVISORY COMMITTEE District 1 Senior Companion Program Volunteer Gloria Ortiz SENIOR COMPANION PROGRAM ADVISORY COMMITTEE District 1 Senior Companion Program Volunteer BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Feb 01, 2017 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Christine Head Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Street Address Suite or Apt City State Postal Code District 1 What district do you live in? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number Work Address - City Work Address - State Work Address - Zip Code Christine Head Page 1 of 4 Work Phone christinehe1947@gmail.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) 12th grade. I have been a senior companion for over 7 years. Registered Voter? r• Yes r No Current resident of the city? 'Yes` No 70 years If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Hispanic Christine Head Page 2 of 4 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. 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. l�J I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fiJ I Agree Christine Head Page 3 of 4 Board -specific questions (if applicable) Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Question applies to SENIOR COMPANION PROGRAM ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * CJ SCP Volunteer (Active Volunteer for one-year/serve minimum fifteen (15) hours per week) Christine Head Page 4 of 4 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Feb 07, 2017 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Gloria Ortiz Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Street Address Suite or Apt City State Postal Code District 1 What district do you live in? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number Work Address - City Work Address - State Work Address - Zip Code Gloria Ortiz Page 1 of 4 Work Phone gloriaortiz44@yahoo.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) GED. I enjoy fishing and sewing. Registered Voter? r• Yes r No Current resident of the city? 'Yes` No Born and raised here in C.C. If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Hispanic Gloria Ortiz Page 2 of 4 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. 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. V I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fiJ I Agree Gloria Ortiz Page 3 of 4 Board -specific questions (if applicable) Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Question applies to SENIOR COMPANION PROGRAM ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * CJ SCP Volunteer (Active Volunteer for one-year/serve minimum fifteen (15) hours per week) Gloria Ortiz Page 4 of 4 City Of Corpus Christi TRANSPORTATION ADVISORY COMMISSION BOARD DETAILS T OVERVIEW SIZE 9 Seats TERM LENGTH 3 Years TERM LIMIT 6 Years 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. DETAILS COMPOSITION Nine (9) residents of the City appointed by the City Council for three-year terms. 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 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. TRANSPORTATION ADVISORY COMMISSION Page 1 of 2 DEPARTMENT Street Department COMMITTEE/ SUBCOMMITEE AGENDAS OTHER INFORMATION TRANSPORTATION ADVISORY COMMISSION Page 2 of 2 Transportation Advisory Commission Members May 9, 2017 One (1) vacancy with term to 5/1/18. (Note: On 4/11/17 City Council appointed Robert A. Alvarez to the Transportation Advisory Commission. He declined his appointment.) illMimmati Vacancy John Garcia TRANSPORTATION TRANSPORTATION ADVISORY COMMISSION Active 1 05/01/18 ADVISORY COMMISSION Active District 1 1 05/01/20 Member Member Anthony Gavlik TRANSPORTATION ADVISORY COMMISSION Active District 4 1 05/01/18 Bicycle Community Representative Member Dennis Miller TRANSPORTATION ADVISORY COMMISSION Active District 5 2 05/01/20 Member Leo Rios TRANSPORTATION ADVISORY COMMISSION Active District 4 1 05/01/20 Member Wilfredo Rivera, Jr. TRANSPORTATION ADVISORY COMMISSION Active District 2 1 05/01/18 Member Robert Saldana TRANSPORTATION ADVISORY COMMISSION Active District 5 1 05/01/19 Chair Scott Harris TRANSPORTATION ADVISORY COMMISSION Active District 1 2 05/01/19 Vice -Chair Elena Buentello TRANSPORTATION ADVISORY COMMISSION Active District 3 1 05/01/19 Member Jeffrey Pollack TRANSPORTATION ADVISORY COMMISSION Active District 4 N/A N/A Corpus Christi Metropolitan Planning Organization Ex -Officio, Non-voting Valente Olivarez TRANSPORTATION ADVISORY COMMISSION Active District 1 N/A N/A Texas Department of Transportation Ex -Officio, Non-voting Wes Vardeman TRANSPORTATION ADVISORY COMMISSION Active District 1 N/A N/A Corpus Christi Regional Transportation Authority Ex -Officio, Non-voting Do you qualify for the bicycling -cam Transportation Advisory Commission Applicants May 9, 2017 Phillip Davis TRANSPORTATION ADVISORY COMMISSION District 4 Richard J. Diaz Yes TRANSPORTATION ADVISORY COMMISSION District 4 Altex Computer and Electronics 5945 McArdle Road Corpus Christi TX 361-814-8882 yes John D. McMullan P.E. TRANSPORTATION ADVISORY COMMISSION District 5 Urban Engineering Lyndon E. Smiling TRANSPORTATION ADVISORY COMMISSION District 4 Sikorsky Aircraft 2725 Swantner Drive Corpus Christi TX 361-854-3101 no 308 Crecy Street Corpus Christi TX no BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jan 13, 2017 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Phillip Davis Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT, MARINA ADVISORY COMMITTEE, PARKS AND RECREATION ADVISORY COMMITTEE, TRANSPORTATION ADVISORY COMMISSION, WATERSHORE AND BEACH ADVISORY COMMITTEE 111111.1111111.1111 Street Address Suite or Apt City State Postal Code District 4 What district do you live in? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number Work Address - City Work Address - State Phillip Davis Page 1 of 5 Work Address - Zip Code Work Phone pdavis@delmar.edu 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: Anything outdoor related: Parks, Marina, Beaches, etc Education, Professional and/or Community Activity (Present) Active in Santa Fe Soccer Club, Santa Fe Swim Club and Downtown Optimist Club Registered Voter? f7 Yes r No Current resident of the city? Yes r No 35 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Phillip Davis Page 2 of 5 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 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. I Agree Phillip Davis Page 3 of 5 Board -specific questions (if applicable) Question applies to MARINA ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * JV Scientist, i.e. Marine Biologist Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Question applies to TRANSPORTATION ADVISORY COMMISSION. Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? Yes c No Phillip Davis Page 4 of 5 Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * V' Scientist i.e.,Marine Biologist) Phillip Davis Page 5 of 5 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Mar 12, 2017 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Richard J Diaz Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? TRANSPORTATION ADVISORY COMMISSION Street Address Suite or Apt City State Postal Code District 4 What district do you live in? Primary Phone Alternate Phone Altex Computer and Electronics Sales Employer Job Title 5945 McArdle Road Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78412 Work Address - Zip Code Richard J Diaz Page 1 of 4 3618148882 Work Phone rdiaz@altex.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: N/A Education, Professional and/or Community Activity (Present) High School Diploma Registered Voter? r• Yes r No Current resident of the city? 'Yes` No 23 If yes, how many years? Print Resume.pdf Upload a Resume Please upload any additional supporting documents Demographics Hispanic Richard J Diaz 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. 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. l�J I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fiJ I Agree Richard J Diaz Page 3 of 4 Board -specific questions (if applicable) Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Question applies to TRANSPORTATION ADVISORY COMMISSION. Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? r:Yes rNo Richard J Diaz Page 4 of 4 Print Resume 3/12/17, 9:40 PM MR. Richard James Diaz Availability: Job Type: Permanent, Temporary, Term, Detail, Seasonal, Summer, Presidential Management Fellows, Recent Graduates, Multiple Appointment Types, Intermittent, Internships, Telework Work Schedule: Full -Time, Part -Time, Shift Work Desired locations: United States - TX - Corpus Christi Work Experience: Altex 5945 McArdle Road Corpus Christi, TX 78411 United States 03/2015 - Present Salary: 10.50 USD Per Hour Hours per week: 40 Sales Associate Duties, Accomplishments and Related Skills: My duties include opening the store, helping customers find the products they are looking for, stocking and organizing products, and updating and creating new price tags. I am also the secondary inventory receiving worker for the store. My duties include, organizing the warehouse inventory, reviving deliveries from FedEx and UPS, receiving pallets from our distrobution center, repackaging products to be put back on our shelves, shipping our products to customers and our other stores, and checking in and counting delivered products and rolling them out to be put on our shelves, if the store is busy I also act as a Sales Associate to help waiting Customers and help stock delivered products. Supervisor: Perry Jones Okay to contact this Supervisor: Yes Retail Corner Store 6401 Saratoga Blvd Corpus Christi, TX 78411 United States 09/2015 - 11/2015 Salary: 8.00 USD Per Year Hours per week: 28 CSR Duties, Accomplishments and Related Skills: Work register, close store, stock merchandise. Supervisor: Ellie Okay to contact this Supervisor: Yes Retail Corner Store 6401 Saratoga Blvd Corpus Christi, TX 78411 United States 03/2013 - 01/2015 Salary: 7.95 USD Per Hour Hours per week: 40 CSR/Cashier and Assistant Manger in Training Duties, Accomplishments and Related Skills: As a CSR I ran the register, stocked shelves and cooler, checked in clean and presentable), and closed the store. As Assistant Manager I did all the duties of a CSR plus opening the Miller. Supervisor: Ellie groceries, baked, cleaned the parking lot and pumps, maintained the store (kept inside store, daily paperwork, approved time sheets, checked in deliverers such as Pepsi and about:blank Page 1 of 3 Print Resume 3/12/17, 9:40 PM Okay to contact this Supervisor: Yes Chick-Fil-A 4741 S Padre Island Dr Corpus Christi, TX 78411 United States 05/2012 - 07/2012 Salary: 8.25 USD Per Hour Hours per week: 40 Cashier Duties, Accomplishments and Related Skills: Take orders, get drinks, clean up the dining area, take out trash, make tea and lemonade, clean trays. Supervisor: Yolanda Okay to contact this Supervisor: Yes Education: Richard King High School Corpus Christi, TX United States High School or equivalent 05/2012 Relevant Coursework, Licenses and Certifications: Took architectural graphics design class in ninth grade. Took NJROTC for all four years of high school, graduated as Cadet/Lt Junior Grade and held the positions of the Company Senior Supply Officer and Commander of 6th Platoon. Job Related Training: Trained as Assistant Manager. Language Skills: Language English References: Spoken Written Read Advanced Advanced Advanced Name Employer Title Phone Email Carol Clark (*) Retired CCAD Beth Dlaz CCAD Ricardo Diaz CCAD (`) Indicates professional reference Additional Information: Finished High School as Cadet/Lt Junior Grade and held the positions of the Senior Cadet Supply Officer and Commander of 6th Platoon of my NJROTC about:blank Page 2 of 3 Print Resume group as Richard King High School. about:blank 3/12/17, 9:40 PM Page 3 of 3 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Mar 20, 2017 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile John Prefix First Name Email Address D McMullan P.E. Middle Initial Last Name Which Boards would you like to apply for? AIRPORT BOARD, CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE, TRANSPORTATION ADVISORY COMMISSION, WATER RESOURCES ADVISORY COMMITTEE 111111.1111111.1111 Street Address Suite or Apt City State Postal Code District 5 What district do you live in? Primary Phone Alternate Phone Urban Engineering Project Engineer Employer Job Title 2725 Swantner Drive Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State John D McMullan P.E. Page 1 of 5 78404 Work Address - Zip Code 361-854-3101 Work Phone dougm@urbaneng.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: Not currently serving on a City Board or Commission. Served on the Zoning Board of adjustment from 2010 to April 2016. Education, Professional and/or Community Activity (Present) Bachelor or Engineering, Civil Engineering. Currently representing the Corpus Christi Branch the American Society of Civil Engineers as the Texas Section Director. Registered Voter? cYes No Current resident of the city? Yes r No 20 If yes, how many years? Resume Doug McMullan2.pdf Upload a Resume Please upload any additional supporting documents Demographics John D McMullan P.E. Page 2 of 5 Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 14 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 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree John D McMullan P.E. Page 3 of 5 Board -specific questions (if applicable) Question applies to CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * V Engineer Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Question applies to TRANSPORTATION ADVISORY COMMISSION. Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? cYes No John D McMullan P.E. Page 4 of 5 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? * Residential Customer and Home Owner of City's Water System John D McMullan P.E. Page 5 of 5 J. Douglas McMullan, P.E. Project Engineer Engineering Experience Urban Engineering, Project Engineer (2011 to Present) Freese and Nichols, Project Engineer (2008 to 2011) Urban Engineering, Project Engineer (1997 to 2008) Ainley & Associates, Ltd., Project Engineer (1995 to 1997) Barrie Inspection & Testing Field Engineer (1994 to 1995) Henderson Paddon & Assoc, Ltd., Engineering Technician (1987 to 1992) During his eighteen years as a project engineer Mr. McMullan has provided design and project management services on water/wastewater utility, wastewater treatment, street rehabilitation and environmental projects. Mr. McMullan has prepared fee proposals, negotiated with clients and facilitated the design, bidding and construction administration of projects. Mr. McMullan has also prepared the scope of services for electrical, geotechnical, structural and environmental sub- consultants and negotiated contracts with them to undertake the work. Mr. McMullan has provided direction to drafting and technical leads in the design and preparation of contract documents. He has supervised the preparation of permit applications for TxDOT, USACE, TGLO, TPDES (wastewater discharge), re -use of treated effluent and air emissions. Through his design and project management experience Mr. McMullan has assisted many clients in realizing their project goals in an economical and efficient manner. Selected Major Projects Water: • Padre Island Water Line and Gas Line Extension Phase 2 (E10172), Project Manager • Padre Island Water Supply Improvements Phase 1 (E10172), Project Manager • Valero Three Rivers Water Supply Improvements • Harbor Island Water Supply Improvements, Project Manager • Staples Street Pumping Station New 10 MGD Pumps (E12004), Project Manager • City Wide Water Distribution System Repair and Replacement IDIQ Procurement (8610), Project Manager • Southside Water Transmission Main Phases 2through 6, Project Engineer/Project Manager Wastewater: • Park Road 22 Lift Station and Force Main, Project Engineer, Project Manager • City -Wide Wastewater Collection System R & R IDIQ, Project Manager • City of Corpus Christi - Arcadia Lift Station Odor Control, Project Engineer • Broadway Basin S50 -1/I and Rehabilitation Stage II, Project Manager • Broadway Basin Sanitary Sewer Evaluation Study, Project Manager • Broadway WWTP Basin Service Area Sewer Line Rehabilitation, Project Manager • City of Three Rivers -Treated Effluent Force Main, Project Engineer, Project Manager • City of Rockport Sanitary Sewer Rehabilitation, Project Manager LEURBAN ENGINEERING Experience 22 years Education Lakehead University — Thunder Bay, Ontario, Canada (1994) B.S. Engineering in Civil Engineering Registrations Licensed Professional Engineer, PE (2003), Texas Board of Professional Engineers Licensed Professional Engineer, P. Eng. (1998) Professional Engineers of Ontario, Canada Certification Registered as a Project Management Professional, PMP (2012) PMI Memberships American Society of Civil Engineers (2004) American Water Works Association (2017) Water Environment Federation (2008- 2017) Project Management Institute (2010) Civic Volunteering City of Corpus Christi, Zoning Board of Adjustment (2010- 2016) BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Sep 06, 2016 COMMISSION OR COMMITTEE FOR THE 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 111111.1111111.1111 Street Address Suite or Apt City State Postal Code District 4 What district do you live in? Primary Phone Alternate Phone Sikorsky Aircraft Operations Manager Employer Job Title 308 Crecy Street Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State Lyndon E Smiling Page 1 of 5 78419 Work Address - Zip Code Work Phone 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 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 Demographics Lyndon E Smiling Page 2 of 5 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. 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 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. I Agree Lyndon E Smiling Page 3 of 5 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? * IW 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? * Not Connected with Oil and Gas Well Industry 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 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. Lyndon E Smiling Page 4 of 5 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? r1° Yes c 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? c 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? * TW Residential Customer and Home Owner of City's Water System Lyndon E Smiling Page 5 of 5 Lyndon E.K. Smiling E'M 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: Management/Supervision Instructor Specialized Databases Financial/Accounting Work Experience Budgeting Data Management/Reporting Shipping/Receiving Procurement Inventory Control 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 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 25, 2017 Second Reading Ordinance for the City Council Meeting of May 9, 2017 DATE: April 13, 2017 TO: Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 Accepting and appropriating the HIDTA grant subaward for the Police Department CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant subaward in the amount of $20,000 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for additional overtime in an effort to eradicate the synthetic cannabinoid epidemic; and appropriating the $20,000 in the No. 1061 Police Grants Fund. PURPOSE: The grant award needs to be accepted and the funds appropriated. BACKGROUND AND FINDINGS: The Corpus Christi Police Department is in the 21st year as a participant in the Texas Coastal Corridor High Intensity Drug Trafficking Area Initiative created by the Executive Office of the President, Office of National Drug Control Policy. The grant subaward provides for overtime in an effort to eradicate the synthetic cannabinoid. The funds are available through the end of the grant 12/31/2017. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: 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 $20,000 BALANCE Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant subaward and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award Ordinance Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant subaward in the amount of $20,000 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for additional overtime in an effort to eradicate the synthetic cannabinoid epidemic; and appropriating the $20,000 in the No. 1061 Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant subaward in the amount of $20,000 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for additional overtime to eradicate the synthetic cannabinoid epidemic. SECTION 2. That $20,000 is appropriated in the No 1061 Police Grants Fund from the Office of the President, Office of National Drug Control Policy for funding the Police Department's role in the Texas Coastal Corridor Initiative in the HIDTA for additional overtime to eradicate the synthetic cannabinoid epidemic. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Mayor Award Letters n >111O L 0 a fn En CU CT CU cu O CU N Submit for Approval € Report c 0,I E. 15 E f° v 0 — a al zI o -r HIDTA Internal ID y y t_ ig a+ C 7 I �. C M o 0 0 rn o N •-I i o 0 0 O DHE Truck Enforcement Block 30,000.00 O O O a' oO O O N O O O Cellebrite Training and Services 21,900.00 Internal move to cover Cellebrite expenses O O O L f t Z u 7 C T L L S N .C 10 E 3+ CC Account Services Overtime Overtime N E d O Services w •0 a f N E 0 OC Ce Ce Ce re re re Ce Ce re GRANT/MOA Q 141 o o O Z = l0to (-5, G16HN0001A ¢ 1-0 O O O Z Z 0 ¢ l0 o O O z 2 to 0 0 0 0 o o Z = 0 0 G16HN0025A G16HN0025A G16HN0010A d I c HN.SIResources Support HN.TARP Interdiction HN.TARP Interdiction HN.TCCI Investigation HN.FBET Investigation HN.MOCONET Investigation 9,000.00 0.00 HN.MOCONET Investigation 160,341.00 175,341.00 HN FRFT Current Budget Before After 24,180.00 O O 0 o S N M M O o 0 o S. N m o q 0 o o Ill IA 0 O 0 o O Ill 32,560.00 O O co O RN -1 o O O a t0 rn O O t00 N141 rn O O l00 M O O O ko l0 6 .-I m m m co m m m CO Q Q Q Q Q Q Q Q X x x x X x, ILI O. Fl at M rat MI ft Award Recipient City of Baytown Houston Police Department Houston Police Department Corpus Christi Police Department Fort Bend County Sheriffs Office Walker County Sheriffs Office Walker County Sheriffs Office Fort Bend County charifPe (Wm. to NN to NNN1-1 N to N N -1 N M Nr lA l0 N co AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 25, 2017 Second Reading Ordinance for the City Council Meeting of May 9, 2017 DATE: April 6, 2017 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Amending the Hazardous Substances Pipeline Ordinance CAPTION: Ordinance amending Chapter 35 of the Corpus Christi Code of Ordinances to revise Article VII. — HAZARDOUS SUBSTANCES, LIQUIDS, AND GAS PIPELINES AND DISTRIBUTION SYSTEM; and providing for severance, publication, penalty, and an effective date. PURPOSE: The current pipeline ordinance was first enacted in 1993 and followed safety rules and guidelines used by the U.S. Department of Transportation and the Texas Railroad Commission which regulates the operation of pipelines. The ordinance was also enacted to identify the pipeline owner, location and number of pipelines within the City limits and the geographical area five thousand (5,000) feet beyond its corporate boundaries. The main purpose of the amendment is to: • Adopt minor changes that have been made by the U.S. Department of Transportation and the Texas Railroad Commission regarding pipeline construction and penalties. • Update contact information for incident reporting and emergencies. • Update contact information for the submittal of new pipeline construction. • Provide for the submittal of pipeline documents and drawings in workable electronic form instead of paper copies. BACKGROUND AND FINDINGS: The pipeline ordinance has only been revised once since its inception. The sole revision was in 2010 to increase the annual fee for administrative costs from $100.00 to $125.00 which is paid by pipeline operators for each pipeline they operate. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of ordinance to EMERGENCY / NON -EMERGENCY: Staff is requesting a non -emergency reading to this routine, non -controversial item. DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): (Do not list Accounting streams, use names of accounts) Comments: None RECOMMENDATION: Staff recommends approval of the Ordinance to amend Chapter 35 of the Corpus Christi Code of Ordinances to revise Article VII. — Hazardous Substances, Liquids, and Gas Pipelines and Distribution Systems. LIST OF SUPPORTING DOCUMENTS: 1) Ordinance Ordinance Amending Chapter 35 of the Corpus Christi Code of Ordinances to revise Article VII. - HAZARDOUS SUBSTANCES, LIQUIDS, AND GAS PIPELINES AND DISTRIBUTION SYSTEMS; and providing for severance, publication, penalty, and an effective date NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. Chapter 35 of the Corpus Christi Code of Ordinances is amended by revising Article VII — HAZARDOUS SUBSTANCES, LIQUIDS, AND GAS PIPELINES AND DISTRIBUTION SYSTEMS, as follows: ARTICLE VII. - HAZARDOUS SUBSTANCES, LIQUIDS, AND GAS PIPELINES AND DISTRIBUTION SYSTEMS Sec. 35-146. - Definitions. [For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:] Emergency Management Office of the City of Corpus Christi is created and described in chapter 15 of the Code of Ordinances, the chief executive officer being the city manager, who may delegate duties and responsibilities. Hazardous liquid, as defined by the Texas Railroad Commission at 16 Texas Administrative Code, Section 7.808.5. Definitions, shall mean Petroleum, petroleum products, anhydrous ammonia, or any substance or material which is in liquid state, excluding liquefied natural qas (LNG), when transported by pipeline facilities and which has been determined by the United States Secretary of Transportation to pose an unreasonable risk to life or property when transported by pipeline facilities.petroleum or sccrctary of transportation to posc an unrcasonablc risk to lifc or property whcn transportcd by pipclinc facilitics. The tcrm shall be enlargcd to includc liquificd natural It shall also include carbon dioxide, defined at 49 CFR 192.2195.2, as a fluid consisting of more than ninety (90) per cent carbon dioxide molecules compressed to a supercritical state. Jurisdiction of the City of Corpus Christi for application of this article shall include the area within the corporate boundaries of the City of Corpus Christi and the geographical area five thousand (5,000) feet beyond the corporate boundaries of the 1 city, under authority of the Texas Local Government Code, section 42.001, to promote and protect the general health, safety, and welfare of persons residing in and adjacent to municipalities, and to define nuisance under authority of the Texas Local Government Code, section 217.042. Inactive pipeline shall m n a pipclinc thaw liquids and one (1) y ar for natural gas with thc cxpcctation that thc pipclinc may bc rcactivatcd within fivc (5) ycars cvcn though thcrc may bc no spccific plans to rcactivatc thc pipclinc. Local distribution company (LDC) means a municipal operator of a natural gas distribution system recognized by local ordinance as a utility and engaged primarily in providing natural gas service to residential, commercial and industrial end users. Owner or operator shall mean any person who engages in the pipeline transportation or movement of gas, hazardous liquids, or chemicals. Person shall mean any individual, corporation, joint venture, partnership, municipality, or legal entity, including trustee, assignee, receiver, and personal representative. Pipeline shall mean all parts of those physical facilities through which gas, hazardous liquids, or chemicals move in transportation, including, but not limited to, pipe, valves, and other appurtenance attached to pipe, compressor units, metering stations, pumping units, regulator stations, delivery stations, terminals, holders, and fabricated assemblies and breakout tanks whether or not laid in public or private easement or public or private right of way within the city or its jurisdiction. Pipelines excluded from this article are pipelines with normal operating pressures below twenty (20) pounds per square inch gauge. Also exempted are those pipelines which meet all of the following three (3) conditions: (1) The pipelines serve as private infrastructure to refineries/petrochemical plants, and storage areas, and terminals; (2) The refinery/petrochemical plant infrastructure, storage area, or terminal incorporating the pipeline(s) serves a manufacturing or refining function exclusive to the respective refinery/petrochemical plant; and The pipeline is within the premises boundary of the refinery/petrochemical plant, storage area, or terminal. New pipelines, as referred to in section 35-153, shall mean pipelines constructed after the effective date of this article but shall not include (a) the replacement or repair of any existing pipeline; (b) the realignment of a portion of an existing pipeline to a position that is not greater than fifty (50)200 feet from its original position; or (c) surface appurtenances added to existing pipelines. Pipeline emergency shall refer to a pipeline incident in which any of the following has occurred or is occurring: (3) 2 (1) Fire or explosion not initiated by the owner/operator as part of its operations, (in accordance with accepted safety practices). (2) Release of a gas, hazardous liquid, or chemical which could adversely impact the environment or health of individuals, livestock and/or domestic animals, and wildlife, within the city or its jurisdiction. (3) Death of any person. (4) Bodily harm of any person which results in loss of consciousness, the need to assist a person from the scene of the incident, or the necessity of medical treatment in excess of first aid. (5) Damage to private or public property not owned, by the pipeline owner or operator in excess of fivc thousand dollars ($5,000.00)$50,000 in combined values. (6) The re-routing of traffic or the evacuation of building(s). Unregulated pipeline are those pipelines within the city or its jurisdiction which enjoy exemptions under federal and state rules which exclude such lines from construction standards, safety standards, or reporting requirements of either or both governmental entities. Sec. 35-147. - Pipeline information reporting requirements. (a) Every owner or operator of a pipeline, existing at the effective date of adoption of this article, shall furnish the emergency management office the following information for retention purposes: (1) Six (6) copiesAn electronic copy of schematic drawings and maps showing the horizontal location of each pipeline and their relationship to streets, highways, railroads, etc, to the extent of the best information available to the pipeline owner or operator. For purposes of emergency response and securing the area for access to shutoff valves, the drawings should also highlight shutoff valves and other pipeline facilities. The precision or accuracy of the location of the lines, valves, and other facilities shall also be noted for both horizontal and vertical, but in no case exceed plus or minus twenty-five (25) feet horizontal. Shutoff valves will only be operated by the owner/operator or under the direction or authorization of the owner/operator. (2) A description of the materials transported, their source and their destination, and a copy of the material safety data sheet (MSDS) for the materials transported. The normal operating pressure range and the maximum allowable operating pressure of the pipeline. (4) The name, title, business address and telephone number of the person(s) responsible for the operation of the pipeline(s). (3) 3 (5) Identification of each pipeline as regulated under interstate or intrastate rules/regulations. (6) Where a pipeline is unregulated as to either or both intrastate/interstate rules and regulations, the owner or operator shall so state. The owner or operator shall also specifically: (a) identify the exculpatory rules or regulations, and (b) the operating condition of the pipeline, which give rise to such unregulated status. If any of the above information changes, the pipeline owner or operator shall furnish to the emergency management office updated information within fourtccn (111)30 days of the change. (b) The owner or operator of any pipeline shall provide to the emergency management office the name, mailing address, and telephone number of at least one (1) officer, person or contact (example: manned response center, a title such as a dispatcher, etc.) available on a twenty -four-hour basis who: (1) Can initiate appropriate actions to respond to an emergency situation. (2) Has access to information on the location of the closest shut-off valve to any specific point in the city or its jurisdiction (3) Can furnish the common name of the material then being carried by the pipeline. Any change in the above described twenty -four-hour contact information must be reported to the emergency management office by contacting the policc dispatch ccntcr (512 886 2802)(361) 826-1100 prior to such change. (c) Every owner or operator of a pipeline shall be required to file an annual verified safety report in letter form with the Emergency Management Office city manager or his dcsigncc on or before March 31 of each year to cover a reporting period of March 1 through February [28]. (1) Stating that the pipeline has no outstanding safety violations as determined in an inspection or audit by either the Texas Railroad Commission and/or the U.S. Department of Transportation with regards to any pipeline operating in the City of Corpus Christi or its jurisdiction. Alternatively, if there are any safety violations as determined by U.S. Department of Transportation or the Texas Railroad Commission that have not been corrected, these shall be described to the city in the annual safety report letter. (2) Accompanied by evidence that the pipeline owner or operator has current liability insurance covering each respective pipeline in the minimum amount of five million dollars ($5,000,000.00) or has a self insured fund program, verified by an independent certified public accountant, which program and verification will be reviewed and judged to determine equivalency by the Risk Management Department of the City of Corpus Christi. Insurance carriers must be licensed to do business in the State of Texas and possess at least an A rating by the A.M. Best Company. 4 (3) Stating that the pipeline information on file with the emergency management office as described in paragraphs (a) and (b) in section 35-147 is correct. Alternatively, if the information on file is no longer correct, updated or corrected information should be submitted with the annual safety report letter. (4) Owners or operators of any unregulated pipeline who shall experience no reporting responsibility to the Texas Railroad Commission or the United States Department of Transportation, and who shall otherwise operate outside the safety regulation of either those agencies, shall additionally provide the following pertaining to the preceding reporting period March 1 through end of February: a. Copies of internal reports of responses to pipeline emergencies, as pipeline emergency is defined in this article. b. Currcnt operations and maintcnancc manual. sb. Current emergency plan or planning manual. The annual safety report letter shall be submitted with respect to all pipelines owned or operated by the designated owner or operator, which pipelines are existing at the effective date of adoption of this article. The safety report letter and verification shall be executed by an officer or a person who is authorized to sign such safety report letter and make verification. The prescribed form of the verification on the safety report letter shall read: (5) Verification I, (name) , (title) , of (owner/operator) , am authorized to make and have made the foregoing annual safety report letter to the City of Corpus Christi under that City's Emergency Response Ordinance. Any attachments made to this letter are true and correct copies of originals and the information provided in this letter is true and correct to the best of my knowledge and is information based upon the standard of inquiry and investigation as would be made by a reasonably prudent pipeline owner or operator within the City's jurisdiction. Signature of officer or owner/operator STATE OF TEXAS § COUNTY OF [place safety report letter is made] The foregoing annual safety report letter was sworn to and subscribed before me by (signatory of letter) on this day of 420 Signed: Notary Public for the State of Texas 5 Printed name: My commission expires: (d) An annual fee in the amount of one hundred twenty-five dollars ($125.00) for administrative costs shall be remitted by each operator or owner for each pipeline on or before March 31 of each year with the annual safety report letters required in section 35-147 paragraph (c). No singlc owncr or operator shall be rcquircd to pay morc than one thousand dollars ($1,000.00) in administrativc costs for the first ycar of this reporting requirement, which report shall be due March 31, 199,1. (e) A copy of all initial or follow-up reports provided to the U.S. Department of Transportation or the Texas Railroad Commission on unsafe pipeline conditions, pipeline emergencies, or pipeline incidents within the city's jurisdiction must be concurrently filed with the Emergency Management Officecity manager. In addition, any initial or follow-up reports filed with state and federal environmental regulatory agencies pertaining to pipeline releases within the city's jurisdiction which threatened to impact the environment, public health or safety, must be filed concurrently with the Emergency Management Officecity manager. Upon request the pipeline owner or operator will provide the Emergency Management Office city manager other documents for review which are required for submittal to or to be maintained on file for the U.S. Department of Transportation and the Texas Railroad Commission such as: (1) Operations and maintenance manuals. (2) Employee training records. (3) Annual inspection reports. (4) Repair records. (5) Operating records. (6) Insurance policy. In the case of unregulated pipelines, the city manager or designee may request any such other information he may in his discretion deem necessary to the best interests of the city and to the necessary protection of public health, safety, and welfare. (f) Sec. 35-148. - Incident reporting—Emergencies. (a) Upon the discovery of a pipeline emergency the following communications are to be initiated by the affected pipeline owners or operators: (1) Immediately contact the City of Corpus Christi 911 in cases of injury or imminent danger to health or safety, and report the incident while indicating 6 what emergency response assistance appears to be required. In reporting the incident provide the following information: a. A general description of the incident; b. The location of the incident; c. The name and telephone number of the person reporting the incident; d. The name of the pipeline owner or operator; e. Whether or not any hazardous material is involved, identify the material; f. Any other information as requested by the dispatcher. (2) The pipeline owner or operator shall contact any other emergency response groups that are necessary which may not be activated through the City of Corpus Christi 911 system. The pipeline owner or operator is to contact the local emergency planning committee (LEPC)Crisis Management Dispatch no later than one (1) 2 hours after the discovery of the incident at (512 88/1 8512), or successor telephone number of the LEPC(361) 885-7000. (3) _Scc. 35 1/19. Samc Noncmcrgcncy Icaks. .- A. Nonemergency pipeline leaks which are required to be reported to the U.S. Dcpartmcnt of Transportation or to thc Tcxas Railroad Commis ion shall also bc rcportcd to thc local cmcrgcncy planning committcc (LEPC). Lcaks of ccrtain matcrials shall bc rcportcd by contacting CCFD Station #9 (512 88'1 8512), or succcssor telephone number of the LEPC. Sec. 35 150149. - Emergency response plans. (a) Each pipeline owner or operator shall maintain written procedures to minimize the hazards resulting from an emergency. These procedures shall at a minimum provide for: (1) Prompt and effective response to emergencies including: a. Leaks or releases which can impact public health or safety. b. Fire or explosions at or in the vicinity of a pipeline or pipeline facility. c. Natural disasters. (2) Effective means to notify and communicate required and pertinent information to local fire, police, and public officials during an emergency. (3) The availability of personnel, equipment, tools, and materials as necessary at the scene of an emergency. (4) Measures to be taken to reduce public exposure to injury and probability of accidental ignition. (5) Emergency shutdown and pressure reduction of any section of a pipeline system. (6) The safe restoration of service following an emergency. (7) A follow-up incident investigation to determine the cause of the incident and require the implementation of corrective measures. (b) Each pipeline owner or operator shall meet annually with representatives of the City of Corpus Christi fire department, police department, and the emergency management office to review emergency response plans. These reviews will be in accord with U.S. Department of Transportation and Texas Railroad Commission requirements and the owner or operator will: (1) Furnish or update a copy of the emergency response plan described in section 35-150(a). (2) Review the responsibilities of each governmental organization in response to an emergency. (3) Review the capabilities of the owner or operator to respond to an emergency. (4) Identify the types of incidents which will result in or require contacting the city. (5) Plan mutual activities that the city and the owner or operator can engage in to minimize risks associated with pipeline operation. At this meeting the City of Corpus Christi will provide the pipeline owner or operator with a list of additional contacts which should be made in the event of a pipeline emergency. The city will inform the pipeline owner or operator of the emergency response groups that will be contacted through 911. Sec. 35 151150. - One call system. (a) The owner or operator of any pipeline which transports gas, hazardous liquids, or chemicals located in the city's jurisdiction shall bclong to a spccifically dcsignatcd undcrground utility coordinating systcm. Thc coordinating systcm shall bc the local cmcrgcncy planning committccbe a member of a recognized one call planning committcc. Thc scicctcd undcrground utility coordinating systcm may bc 8 different that the one (1) used by the city for other underground utility services such as the LDC. (b) 48 hours pRrior to beginning any excavation, trenching, or digging using powered equipment or hand tools which may damage a pipeline, any person within the city's jurisdiction shall be required to contact all the appropriate underground utility coordinating systcmsone call system and determine if there are any pipelines or public utilities in the vicinity of the proposed activities. (c) If physical contact is made with a pipeline during any excavation, trenching or digging, the pipeline company must be notified by the person or agency making the physical contact with the pipeline for any necessary pipeline inspection or repairs. Sec. 35-152. - Pipeline repairs and maintenance. (a) All repairs and maintenance are to be done in accord with U.S. Department of Transportation, Texas Railroad Commission mechanical integrity requirements. This requirement applies to all pipelines covered by this article, unregulated as well as those operating under state and federal rules. (b) If nonemergency repairs necessitate excavation of the pipeline, prior notification is required to occupants of business establishments and residential dwellings located within three hundred (300) feet from the centerline of the situs of the pipeline excavation; however, if nonemergency repairs require excavation of a pipeline located within twenty-five (25) feet of another pipeline. prior Prior notice obligations shall be enlarged from three hundred (300) feet to five hundred (500) feet for locations occupied by more than twenty (20) buildings intended for human occupancy or well-defined outside recreational areas or other places of public assembly. (c) Above ground nonemergency repairs that are not routine maintenance necessitate prior notification to occupants of businesses and residential dwellings within one hundred (100) feet from the centerline of the pipeline section to be repaired. (d) Without limitation of the methods of giving the notice required in subsections (b) and (c) hereofthe leaving of a written notice on the front door of a residence or business establishment. or the posting of a written notice at the entry or four (4) corners of any recreational area or place of public assembly to be noticed shall be deemed compliance with this section. Sec. 35 4-5-3151. - New pipelines. (a) At least forty-five (45) days prior to the scheduled commencement of the construction of a new pipeline, the pipeline owner or operator shall notify the city managcrFire Chief, or his designee, of its intention to construct the pipeline and shall submit the following information: 9 (1) The name, business address, and telephone number of the pipeline owner and operator. (2) The names, titles, and telephone numbers of the following persons: a. The person submitting the information, b. The person designated as the principal contact for submittal information, c. The person designated as the twenty -four-hour emergency contact, d. The person or firm which will operate the pipeline. (3) The origin point and the destination of the segment of the pipeline. (4) A description of the substance to be transported through the pipeline. A copy of the substance material safety data sheet (MSDS) shall be included with the submittal. (5) The maximum allowable operating pressure on the pipeline as determined according to U.S. Department of Transportation and Texas Railroad Commission procedures. (6) The normal operating pressure range of the pipeline. (7) Engineering plans, drawings and/or maps with summarized specifications showing the horizontal pipeline location, pipeline covering depths, and location of shutoff valves. (Location of shut off valves must be known in order for emergency responders to clear area for access to valves.) To the extent that information can be reasonably obtained, drawings shall show the location of other pipelines and utilities which will be crossed or paralleled within five (5) feet. (8) A description of the consideration given to matters of public safety and the avoidance, as far as practicable, of existing inhabited structures and congregated areas. (9) Detailed cross section drawings for all public street right-of-way and easement crossings. (10)The design criteria under which the pipeline will be constructed. (b) Within thirty (30) days following notification to the city, the director of engineering services, emergency management coordinator, city manager or his designee, and the pipeline owner or operator shall informally review for completeness and make technical comment on the submitted new pipeline information. At that time city staff shall make comments related to conditions or requirements under the City of Corpus Christi licensingrevocable easements policy on the pipeline use of public property. (c) At the time of notification to the city of the intent to construct the pipeline, the pipeline owner or operator shall give notice that the information provided in section 35-153 paragraph (a) is available to the public. Notice to the public shall be made in the daily local newspaper having the largest circulation in Corpus Christi. Notice 10 shall be provided in the public notice section of at least five (5) successive issues and include the following information: (1) General description of planned activity. (2) Proposed pipeline construction area. (3) Type of material to be transported. (4) Pipeline owner or operator. (5) Location of proposed pipeline information for public review. (6) Scheduled location and time for new pipeline information meeting. In addition, an announcement of the scheduled location and time for the public information meeting shall be published concurrently in the local news section of two (2) successive issues of said newspaper in a size not less than two (2) columns by two (2) inches. (d) The public may review the proposed pipeline information made available pursuant to section 35-153(c) for a period of fourteen (14) days following the publication of the first public notice and submit comments, if any, within such period to both the director of engineering services and the pipeline owner or operator. (e) Within twenty (20) days of notification to the city of the intent to construct the pipeline, the pipeline owner or operator shall conduct a public information meeting. At this meeting the owner/operator shall review the proposed construction and operation of the new pipeline. Following the public review period, but not more than forty-five (45) days following notification to the city of intent to construct a new pipeline, the pipeline owner/operator shall meet with the director of engineering services to review any public comments. If there are no substantive, nonresolvable technical issues, construction of the pipeline will proceed. If there are substantive, nonresolvable technical issues concerning matters that do not fall within the exclusive jurisdiction of the department of transportation or the Texas Railroad Commission, an administrative hearing shall be held within fourteen (14) days as provided in subsection (g) below. An administrative hearing shall be conducted to seek resolution of any substantive, nonresolvable technical issues. The hearing will be conducted before the pipeline review panel [see subsection 35-153(h)]. A quorum of at least three (3) pipeline review panel members must be present to conduct the hearing with at least one (1) of the panel members present at the hearing having emergency management/LEPC expertise. The pipeline review panel will render a decision within seven (7) days of the date of such hearing. (h) The city council shall appoint five (5) persons to the pipeline review panel four (4) of whom shall have technical expertise in the construction, maintenance, or operation of pipelines, at least one (1) of which shall have emergency management experience, and the additional person shall be a community representative. Personnel of the city's emergency management office will supply staff support to the (f) (g) 11 (i) panel. Each member of the pipeline review panel shall be appointed for a term of two (2) years and until his successor is appointed. All pipelines will be constructed repaired, and/or replaced in compliance with all statutory or regulatory requirements of the U.S. Department of Transportation and the Texas Railroad Commission. (j) The pipeline owner or operator will give notice of the commencement of pipeline construction to all residents and business establishments that are within three hundred (300) feet of the proposed centerline of the pipeline, but not less that forty- eight (48) hours prior to commencement of construction. (k) Upon completion of pipeline construction the pipeline owner or operator shall provide the city with as -built pipeline drawings within one hundred twenty (120) days. Accuracy of as -built drawings shall meet a survey level of one (1) foot to fifty thousand (50,000) feet. The drawings shall also be supplied in a DXF computer f+4eworkable electronic document with the location tied to one (1) nearby GPS (Global Positioning System) city monument. If the new pipeline length exceeds one thousand (1,000) feet within the city or its jurisdiction, the pipeline should be tied to at least two (2) GPS city monuments. (I) Any change in service of a pipeline not previously addressed by this article to gas, hazardous liquid, or chemical service must be reviewed in accordance with the new pipeline review procedure outline in subsections 35-153(a)—(g) as if it were new pipeline construction. (m) The city manager or his designee has the authority under this article to modify any of the procedural requirements in section 35-153 if it is in the best interest of the City of Corpus Christi. Sec. 35 15'1152. - Pipeline markers and security. (a) In accordance with U.S. Department of Transportation and Texas Railroad Commission requirements, pipeline owners or operators are to place and maintain permanent line markers as close as practical over the pipeline(s) at each crossing of a public street, railroad or navigable waterway. Marker(s) will also be maintained along each pipeline(s) that is located above ground in an area accessible to the public. The markers shall be of permanent type construction and contain labeling identifying the: (1) Pipeline owner or operator. (2) Twenty -four-hour contact telephone number. (3) A broad description of the product transported in the pipeline. (b) Line marker(s) shall not be required over pipelines located offshore or under inland navigable waterways. Marker(s) for these lines shall be located as close as practical to the shore/vegetation line of these waters. 12 (c) No person shall tamper with, deface, damage, or remove any pipeline marker, or tamper with or operate any pipeline shut-off valves, except the pipeline owner or his duly authorized agent, within the city's jurisdiction. (d) Upon the specific written request of the owner of a residential property, the pipeline owner or operator shall install temporary pipeline markers to reduce the possibility of pipeline damage or interference. (e) No person shall excavate within pipeline right-of-way without compliance with the Texas "One -Call" Statute (Chapter 251, Texas Utility Code). No person shall construct within pipeline right-of-way without compliance with the statute governing construction in pipeline right-of-way (Chapter 756, subchapter G, Texas Health and Safety Code). (f) Scc. 35 155. Inactivc and idlcd pipclincs. (a) Inactivc pipclincs. (1) All rcporting rccords spccificd in scction 35 1'17 of this articic shall bc maintaincd on inactivc pipclincs. (2) Inactivc pipclincs shall bc purgcd of gas, hazardous liquids, and chcmicals, and physica+solatcd. Thcsc pipclincs shall bc maintaincd to prcvcnt dctcrioration. (3) The mcans uscd to physical FSolatc thc inactivc pipclinc shall bc includcd in thc information rctaincd on filc for rcporting as spccificd in scction 35 1/17. (b) Idlcd pipclincs. (1) An cntry shall bc madc to thc rcquircd rcporting rccords in scction 35 1117 that thc pipclinc has bccn idlcd. (3) Rcactivation of idlcd pipclincs shall rcquirc notification to thc cmcrgcncy managcmcnt coordinator, thc city's dircctor of planningdcvclopmcnt scrviccs, and thc city's dircctor of enginccring scrviccs. Includcd in thc notification shall bc any updatcs to the pipeline information required in section 351/17. Rcactivation shall require pressure tcsting for integrity and compliance with U.S. Dcpartmcnt of Transportation rcgulations. Sec. 35 4-5-6153. - Public education. In keeping with the Natural Gas Pipeline Safety Act of 1968, 49 CFR 192.614, Damage Prevention, 192.615 Emergency Plans, the Hazardous Liquids Pipeline Safety 13 Act of 1979, 49 CFR, 195.408, Communications, 195.440, Education, and the Community Right -to -Know Act: (1) Each pipeline owner/operator shall maintain a public education program which is communicated to residents and business establishments within six hundred sixty (660) feet of the centerline of a pipeline. (2) Pipeline information communicated to residents and business establishments shall contain the following subjects: a. Pipeline location. b. Material transported within the pipeline. c. Pipeline markers. d. How to recognize a pipeline leak. e. How to report a pipeline leak. f. Contact information regarding underground utility systems g. Additional requirements for excavations near pipelines. h. Response needs during a pipeline emergency, including instructions for sheltering in place. Public education information will be communicated at least biannually in both English and Spanish. (3) Sec. 35 157154. - Violations of article. (a) Any owner or operator of a pipeline subject to this article, who shall have failed to comply with this article, shall be deemed to maintain a nuisance. (b) It shall be a violation of this article for a person to knowingly make a misrepresentation of any information to be reported under this article. It shall also be a violation of this article if the person makes such misrepresentation as a result of failure to exercise such due diligence of investigation or inquiry as would a reasonably prudent pipeline owner or operator conducting his business within the city's jurisdiction. (c) Each violation of any section, subsection, or part of this article shall be a separate offense. Each day of ongoing violation shall be a separate offense, and shall carry with it a fine of not less than one thousand dollars ($1,000.00) per day nor more than two thousand dollars ($2,000.00) per day. (d) The city shall be entitled to injunctive relief in a court of appropriate jurisdiction to prevent violation of or to compel compliance with this article. 14 Sec. 35 158155. - No grant of city easement; no assumption of responsibility by city. (a) Nothing in this article grants permission for the use of any street, way, or property of the city, and any such use shall be subject to consent of the city at its sole discretion. (b) Nothing in this article shall be construed as an assumption by the city of any responsibility of an owner or operator of a pipeline not owned by the city, and no city officer, employee or agent shall have authority to relieve an owner or operator of a pipeline from their responsibility under this article or any other law. Sec. 35 4-5-9156. - Effect of other laws. The provisions of this article shall be subject to any federal and state legislation, rules, or regulations presently or hereafter enacted or adopted to the extent that said laws and regulations preempt or supersede the authority of the city with respect to this article or provision hereof. SECTION 2. If for any reason any section paragraph subdivision clause phrase word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section paragraph subdivision clause phrase word or provision of this ordinance for it is the definite intent of this City Council that every section paragraph subdivision clause phrase word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 5. This ordinance takes effect after official publication. 15 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Mayor 16 AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of April 25, 2017 Second Reading Ordinance for the City Council Meeting of May 9, 2017 DATE: 04/04/2017 TO: Margie C. Rose, City Manager FROM: Julio Dimas, CFM, Interim Director, Development Services JulioD@cctexas.com (361) 826-3276 Approval of agreement and appropriating funds for Palm Land Investments Inc., for the construction of wastewater collection line extension located south of Holly Road and east of Rodd Field Road CAPTION: Ordinance authorizing City Manager or designee to execute a wastewater collection line extension construction and reimbursement agreement ("Agreement") with Palm Land Investments Inc. ("Developer"), for the construction of a sanitary sewer collection line and appropriating $14,724.00 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: Palm Land Investments Inc., is required to install 1374 linear feet of an oversize 12 -inch wastewater collection line extension in order to provide adequate wastewater to a proposed residential subdivision development. The subdivision is located south of Holly Road and east of Rodd Field Road. BACKGROUND AND FINDINGS: Per UDC Section 8.5.2.E.2 Credits and Reimbursements, Palm Land Investments Inc., is requesting a Reimbursement Agreement for the development of approximately 9.497 acres of land Situated in Lot 3, Section 27, Flour Bluff and Encinal Farm and Garden Tracts as shown on the final plat. The subdivision is located south of Holly Road and east of Rodd Field Road. The development requires the extension of 1374 linear feet of 12 -inch wastewater collection line extension in order to provide adequate wastewater to the property. A layout of existing and proposed improvements is included as Exhibit 3. ALTERNATIVES: Disapproval of the Reimbursement Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The developer will be extending wastewater to serve the proposed residential development and has requested a Reimbursement Agreement, in accordance with UDC Section 8.5.2.E.2 Credits and Reimbursements. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not Applicable Fiscal Year: 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,227,605.99 Encumbered / Expended Amount $24,601.86 This item $14,724.00 BALANCE $1,188,280.13 Fund(s): Sanitary Sewer Collection Line Trust Fund 4220-21801-777-540450 Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance with Agreement Location Maps Ordinance authorizing City Manager or designee to execute a wastewater collection line extension construction and reimbursement agreement ("Agreement") with Palm Land Investments Inc. ("Developer"), for the construction of a sanitary sewer collection line and appropriating $14,724.00 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute a wastewater collection line extension construction and reimbursement agreement ("Agreement") with Palm Land Investments Inc. ("Developer"), for the extension of an 12 -inch sanitary sewer collection line, including all related appurtenances, for the development of Lot 3, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, known as Sandy Creek Townhomes, Block 1, Lot 1, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $14,724.00 is appropriated from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer for the construction of the sanitary sewer collection line improvements in accordance with the Agreement. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Mayor WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Wastewater Collection Line Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home -rule municipality, and Palm Land Investments Inc., ("Developer/Owner"), a Texas Corporation. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on January 11, 2017 to develop a tract of land, to wit: approximately 9.497 acres of land Situated in Lot 3, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, known as Sandy Creek Townhomes, Block 1, Lot 1, located south of Holly Road and east of Rodd Field Road, as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement. WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the wastewater collection line extension ("Wastewater Extension"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of a portion of the Developer/Owner's costs for the construction of the Wastewater Extension; WHEREAS, it is to the best interest of the City that the Wastewater Extension be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.2.E.2 of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Wastewater Collection Line Trust Fund and are appropriated by the City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs from the Wastewater Collection Line Trust Fund for installing the Wastewater Extension, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Wastewater Extension in compliance with the City's UDC and under the plans and specifications approved by the City's Development Services Engineer. 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Wastewater Extension, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following basic design: 1. Install 1374 linear feet 12 -inch PVC pipe; Page 1 of 8 2. Install 1374 linear feet trench safety; 3. Install four (4) 4 -foot diameter manholes (5-10 feet depth); 4. Install two (2) 4 -foot diameter manholes (10-15 feet depth); 5. Connect to existing 12" Sanitary Sewer Stub; 6. Install six (6) 8" Sanitary Sewer Plug 7. Install one (1) 12" Sanitary Sewer Plug b. The Wastewater Extension begins at the new proposed wastewater manhole at the southeast corner of Flour Bluff and Encinal Farm Garden Tract 60.18 acre tract and extend approximately 1,902 linear feet east along the south side of Los Arboles at Terra Mar Unit 2 and Monte Verde at Terra Mar Unit 2 Subdivisions. c. The plans and specifications must comply with the City's Wastewater Standards Detail Sheets and Standard Specifications. d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Wastewater Extension, Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Wastewater Extension. If any of the property needed for the Easements is owned by a third party and the Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro - rata fees as required by the UDC for the area of the Wastewater Extension. 5. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Wastewater Extension, under the approved plans and specifications, by April 03, 2018. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. Page 2 of 8 b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer by the 60th calendar day after the date of approval of this Agreement by the City Council. c. Developer/Owner fails to award a contract for the construction of the Wastewater Extension, according to the approved plans and specifications, by the 90th calendar day after the date of approval of this Agreement by the City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Wastewater Extension under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Wastewater Extension, under the approved plans and specifications, on or before April 03, 2018. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 9. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non -defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. d. Should the Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer/Owner, at the address stated in section 11, of the need to perform the obligation or duty and, should the Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer/Owner by reducing the reimbursement amount due to the Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Page 3 of 8 Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1. If to the Developer/Owner: Palm Land Investments, Inc. Attn: Dan Caballero 5949 La Costa Drive Corpus Christi, Texas 78414 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 Page 4 of 8 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 12. THIRD PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Wastewater Extension, contracts for testing services, and contracts with the contractor for the construction of the Wastewater Extension must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, execute a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bonds must comply with Texas Government Code, Chapter 2253. 14. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Wastewater Extension and the construction of the Wastewater Extension for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services and Development Services Engineer. 15. REIMBURSEMENT. a. Subject to the conditions for reimbursement from the Wastewater Collection Line Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Wastewater Extension up to an amount not to exceed $14,724.00 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 days from the date of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement Exhibit 5. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 16. INDEMNIFICATION. DEVELOPER/OWNER SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND AGENTS ("INDEMNITEES") FROM AND AGAINST Page 5 of 8 ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL PROPERTY DAMAGE OR INJURIES SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION, WORKERS' COMPENSATION, PERSONAL INJURY OR DEATH, ARISING FROM OR INCIDENT TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION OF THE WASTEWATER EXTENSION. 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, to wit: approximately 9.497 acres of land Situated in Lot 3, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, known as Sandy Creek Townhomes, Block 1, Lot 1, a subdivision in Corpus Christi, Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer/Owner's successors or assigns. 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 19. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 6. 20. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. 21. AUTHORITY. The person signing this Agreement on behalf of each of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN ONE ORIGINAL this day of , 20_ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Samuel Selman Assistant City Manager, designee of the City Manager APPROVED AS TO FORM: , 2017. Buck Brice, Assistant City Attorney For the City Attorney Page 6 of 8 ORALIA TREVINO Notary ID 0: 13081402-9 My Commission Expires 09/088020 STATE OF TEXAS, COUNTY OF 1`ittS § OWNER: Palm Land Investments, Inc. By. n Cadallero, President This instrument was acknowledged before me on ,4 Iri l , 2017, by Dan Caballero, President, Palm Land Investments, Inc., a Tej'as Corporation, on behalf of said corporation. A 1.44 afary Public's Signature Page 7 of 8 ORALIA TREVINO Notary ID 1:13001402-9 My Commission Expires 0910812020 STATE OF TEXAS COUNTY OF 14a,te-es This instrument was acknowledged before me on Artr: ( (o , 2017, by Maria E. Caballero, Vice President, Palm Land Investment, Inc., a Texas Corporation, on behalf of said corporation. OWNER: Palm Land Investments, Inc. By: Maria E. Caballero, Vice President (a..- i.t tai ry Public' Signature Page 8 of 8 NAM 9E98-915; 19E) usA 969811S MO 9913 #43u1 10811 Mal '61 A 0 3'N HOZ u 1 1 a a u[ 11 a ♦� '6V7©.1. MAIM 53.3fN '507107311JVM1311110 f► 1►SOOVJ '.Y. 311710A NI (90300311 N 1037EIFiL 1 W 1fO 1VP109HST18Y1S1Mil 01 ONl(IF007Y S17V111 N303V11 (NV N111,1 1VNL'h1l CNV J1n'» i 1!10'11'!: N011195.1'011 1.01 NI CISLVI 115 aNY110 Sli 13V 161,E 0N133 I101`I)1301H saruoqutoi xaao A'puss IY14 TOW 11 URVEYOR'S CE 4411g 4 MI PLANNING COMMISSION CERTIFICATE OF APPROVAL 61 i$ li 4 4l1, a 4t 1 t a d COUNTY CLERK CERTIFICATE !ilila a fa ij 14.1§ s Ec if Ai og p. } 1 i jet 1 }� ag10 pigigljg 1 Ab t gli ggl 14 i ie lilt 'sE Al gli Gy tilt RAL NOTES z lit rc1 a 2 Q PLANNING COMMISSION EXHIBIT 1 wa •cpaa!MJ WrrMMM 9fe6191.5 L9E) xv 9E251145 Led wi O9L-j Nj3HL 106LL taxa L VPOPIA 1111800011003 'N POOZ B u t .1 a a u t 2 u a• r6f" ' 01-01 'sysa 'AuNI10J swam sutl0a3M .ren mu. 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El : ., x x71+r 111 1101211111111 0 :=Ea 1 snug__ RI 011111 APPLICATION FOR WASTEWATER REIMBURSEMENT We, Palm Land Investments, Inc. a Texas Corporation, located at 5949 La Costa Drive, Corpus Christi, Texas, 78414, owners and developers of proposed Sandy Creek Townhomes, hereby request reimbursement of $14,724.00 for the installation of the 12 - inch SDR -26 PVC wastewater collection line in conjunction with said subdivision, as provided for by City Ordinance No. 17396. $554,296,00 is the construction cost, including 7.5% Engineering and Surveying, as shown by the cost supporting documents attached herewith. 3--(99-0 D. Caballero, President Date Palm Land Investments, Inc. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this day ORALIA TREVINO HotarY W 9:13091402-9 My Commission Expires 0918812920 of / LaJc44 , 2017, by Dan Caballero, President of Palm Land Investments, jt-ic., a Texas Corporation, on behalf of the said corporation /1 o ary Public in did for the State of Texas CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Collection Line Trust Fund, and (b) Appropriation and approval by the City Council. Ratna Pottumuthu, P.E. Date Development Services Engineer Exhibit 2 Page 1 of 2 APPLICATION FOR WASTEWATER CREDIT We, Palm Land Investments, Inc. a Texas Corporation, located at 5949 La Costa Drive, Corpus Christi, Texas, 78414, owners and developers of proposed Sandy Creek Townhomes, hereby apply for $14,924.50 credit towards the wastewater acreage fee for the 12 -inch SDR -26 PVC wastewater collection line in conjunction with said subdivision as provided for by City Ordinance No. 17396. $554,296.00 is the construction cost, including 7.5% Engineering and Surveying, as shown by the cost supporting documents attached herewith. 3"a9 -l.7 Dan Caballero, President Date Palm Land Investments, Inc. THE STATE OF TEXAS § COUNTY OF NUECES § ORALIA TREVINO Notary ID 3:13031402-9 My Commission Expires 09/08/2020 This instrument was acknowledged before me on this day 'sof /TZaxe , 2017, by Dan Caballero, President. Of alm Land Investments, Inc., a Texas Corporation, on behalf of the s corporation. f44/4z o ary Public in nd for the State of Texas Exhibit 2 Page 2 of 2 r, �y �4j_ 7 ; - F ? - - 1 Q _,.i__a ' ', � — LL{yvi,� :1-1:7` _ •�- W.0>—_i r ,1,9 -R�--P c g.8 ff _ 14 u k ` :e.euf llwlsl ...++aw.me 8 u! l a a u ! E u a♦ NI ora a n m Mo z. 0 Wz z e M.. N N .f 111 N ,C U U V U U U U C f z N 0 U 1 k�x x �t«,, sir crL to -t �2c - 5 `gid W sL=W usG 2=F-= gz g;�Q- ' 'dao jts E - w ~ � .!,-2.50 gu h� U .C.1 K ° r U a z'a �woow �2a0 ; #u` pa�V N jC I�U�m a ''n � E�� � [xn�LLN. X�3 '''-KRu P KVnr - :I K' O V.{ �_ G L", - i Uti1�"�+y' - Gam' Y F. rLL z$ t ru °z W C� W P y c EMP�?�� civ osx aF^c. :-,, V .- ' -'Q Das a -.C. t.n t m�xZ pp _ rG !::ii !!!! e- V -r F C 1 n��;, Wn ed �., � ¢'o 'a' � C.w �:a sf7yyf 1<� .E- - n e;OF F_a`q s `0-= Mgr. _LL i UGz.Yi Jm F:5 W '1 Ja i3 -r G`CR Owl a r.NL ,. �. m i_a __ ^ Z I. ..S si,:ii.,:3- _ 4'1i [I 5/.._F_41.— .. '..---. 4. moi. �.-F_x H z 4cz w W w z> � ovx0 g Uw>-1Z H Z 0 u o cn po u WATER, SANITARY SEWER & DRAINAGE DITCH #29 EXHIBIT 3 �_�F , , 'u. .r `P 1 err a LIST OF ABBREVIATIONS 1 1 r' lal rM w Il! F'J UO u?.."' -Cr Y _ r z Q 7 fir a� ..l ww Z O Ca y ? , 4 r c; V Eit a— ,....l:r�: lYrloAg 11KI nl ''''"""'""r _ N of i A a 7 u ! rl a ♦ �u INS br ® O■ fr o c Aqp i A r / �!t..3 rLxrLrs LIST OF CONTACTS 1 +..... t� yy Fll } Iiiiipg LIST OF ABBREVIATIONS 1 1 I3 i1{i9n°17�4lPJ1YZiSSSy},� ifyyY 69 PIPE MATERIALS rw..o.ra+..ae• wa. n vNana, a.ao K .eaa..r • ....r.Fara ..w..w..aa..a 1..wr..", ow:. rtswa naraw. w a.f c•nla a Marl .ru.aw.au r a....ca a..wn at..s. 9.ar.a ...Mean •senses. %Cu W. pi a. wuua.a. • [I. Ft woad.. low iv.... 1:14....1 /Massa.% i gg yj q r_ I 3 .4 . - ilZiifP 1: E � li s! i ~i� V� jI!V [ A � ll 43.!irtl O y p r a _ � i E .ii i I 1w1 3 1ALi:3$13:. . GENERAL NOTES iii a e riX ;if 83413 ;fs Ii i ! rid dii 9 ill °ai i1 p;1 4P iIii y!! 411 I; ,q GF� ll f 1y �a d# •1,1 3.3p ma il;; } jjlt ii 3 ' rd. re! 3^ !11 Ti! di ;-i i17 E 1�1 RC1 41 rl I. '"7 y[ 111 '1*1111 y7. Re 4 Sli ¢} • 2 041 i$$. 3a 51 IlF t 3a Y ri s>� /Ili fl -14 il; 1z! 1;;1 I.;r �iP gra ti II1 *fir i0; Ig -g l;! ;4p r� _f IL ! d iiii e213 r:1 -r_'i4 3r1n di; qia8 41! III � iv fa ' 3 13 ; NI 119 E Tj4iY8 Z Ya 1 1 i is 3 i' ll 1`.1y21 al sk1 11;Ili.: ; li rl''V 11 .41 sila i!t 3i s i e1„ .' ;-e r= ji 11i 11 1 o s@ a 3i ell S. 11 3 1; $ s El /yr 7 i; !S 131 �3 PIPE MATERIALS rw..o.ra+..ae• wa. n vNana, a.ao K .eaa..r • ....r.Fara ..w..w..aa..a 1..wr..", ow:. rtswa naraw. w a.f c•nla a Marl .ru.aw.au r a....ca a..wn at..s. 9.ar.a ...Mean •senses. %Cu W. pi a. wuua.a. • [I. Ft woad.. low iv.... 1:14....1 /Massa.% GENERAL NOTES i y ��i ill! �rSr ggIr eg 3: ! 4!illisq 1 Fid : ! q1114; .3 s! ir1 :B C IFILIIiii ill id 04; i� �9 � r� 9�iil�� �� ;[ !�§F !l� ! p4af r 1 ? !1! 3lys1sliI�r6 Iii !15 of 11 ls! l i ;9]1I 31ii1 i i isill y I 7S 1ys yP 1r E4s��!# xjli s=01k i!i II 11 y iii I Ti Ili =rh !x U �?e i1 � r��r�r `�! �r�# =j;ij 11 a_i 1131!1!1 IN 1"1r 3 !i ?S a i 1 P I i' 3 ! !a L� G �l i= 9 1 i s i ra :1 a „ !' d Fb ! J � �� a 1'e111! i ¢711di a f 2 11 S ar a1 Ef ' ! 3gr I 11 li 11 !]moi 3e i� 1 � � i X39 ig 7° 3 s1 es , . Y 13 = � es iHuijIijtJi1i r} - 1$ �Y�7 S� III : Ili f II' 1�p1� .3. !i =i 1 li 5 1e i na 3 � Q! i ar .fl[ � a�i .3_ j _ =6ii 114 i li i ; i 1e=C a i i2e! ' 43 i R a pa s RIE 1 A A 1= 1 1 Al a7i i i;s i1x ! `>' 11 1 +J 7�e r7 p r !fie !a r i EXHIBIT 3 hdgamEno EINNION IMME MEM NEM 01 ,11 111 IN; inn:oon 1. 1 rKri.1 1K>q1 9 11 1 1 a s U 1 E [= a Nd E. sal w1•1 .IM1 r t` 0.1 na !, J 3i J 1 ! REM 99�:1911 U w 1-0 a hI, OLLVW3NJS W31SAS 113M3S AUVLNVS 1 EXHIBIT 3 1.1 _V 11 ; g 1.791-77.1,i1771.: 011.1 Cardi maw ••••••••7 NV= INA Nor El 2=1" .TION SIAP 3 SURVEY LAYOUT a CONTROL 1-174 sn770777 • .. t 4 . 'N... V.. - i I" ' \...,.........,—.N. ;:. 0 li 71 if i riorm 1 , .., , 1 k . ,.. .1! ..,....43.73,..1_, ,fri.....-,..-..,41.: , ,1, ,..• L. . 1-7 --n iIF.,7r.-.: I 1.7.1 ; 1 !: '11 F t 111. 7 . 7 For!' • ' li . , o. e4 IX •It E. •IL7• j 1_31' •f: ',X' "----'. - --a.7.F.71.!,1 I .111. 1 17: i; 17177r:=14 a 1 EXHIBIT 3 2 II! �1! 0 !i #9 0 0 0 lunar cciamo 0 rI �i i 11 if 0 0 E ie: V 6� �.i 0 i 0 j� 12 0 if 1! 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Vll 1 lWWII • WI, ..` fe3i 1 !_I AI On N•1141:4 li VILA M,.nyn J,l I 3 Oa" t ...14 .. •1 i, 1 I al Mb . 1111.7.1.. -il•.MI amt. 141Nra4 ...1 i1 L' pr..' ..—.–.–...1111.1.• l,w.Y.MYNJ/ - 1••r 4..0..1.1 ,1 i • I' s, ..1."1. mot. way ,1• ` 'k II h N N r w 0. N 0 EXHIBIT 3 11 6 tC,.SU f xwtn w .i 611•, Mlt 1131.1111111101.1 4161[ 8 u 1-1 a a u! e u a i'w#dsIIf-IG z w w Mg Cr, c` C I.D EXHIBIT 3 epi :21 ul e a c .. . W oo $ 0 0.. ': l I VIC 2N 1 3 1 9 Al N SECTION -7-- 4.•�h .--.aa ... -- o 1 �M.T mai VA) I DITCH MS IMPROVEMENTS 11 C 11 T M IlfrfrI� 1 I I li 1' " 11I 11 »; 'PIE r a:a I i 1 C A A rte E53 5y3 It; fij . 1 di E 2 5 It ,,,.N •1416 I gm dAlta II e� n u a . EXHIBIT 3 0111 SITU _s„.anUr0uallk ) ) JIY SIIMAY » .. —_ g EMI 1 29+00 --- 25400 26+0D | I hiIItL . \ �� , pi | _ \ |\ . ENE �� .7I1 ') $|. 13 TiZ! ,/ i . _ !__ !!S\/N„ ,rl 01 00C y�,§ - . 1 ■ 1 13+00 14+00 15+00 16+00 17+00 16+00 19+00 20+00 21+00 22+00 23+ § ( ., \ I ƒ ... II -1 � MI I -I . �} I� 1 c q. {. ; 1 k : lir, mil \rl ;( } J — ,R . ra ici c / [ - �- .li— � }� | ] % ei H Y!1 _ iti \ '! II ! it . /MI 90,1,1 ..,,L ,!, - 'ill H31.11 • ' — 1 c" . m EXHIBIT 3 yp R rtw wn� nn,nllx+•� M.,1 •a s Iwl 8 u.t i a a v 18 u a IM 8 a ro 0 C. 'a e t. 7 } F 23+00 to 29• el 4 2 0 a 0. it r u O N G e 9a a x t • _5 11 8 N 1.1.1110 N an r 4 n N O n 9 8 N EXHIBIT 3 Q11 NO.LWNIX37 21Q SQN - VS - ?13e1TIS C7 cc 0 Q?I N1TSOi SINN3 01 1- z co 2 W W ore _� z Ow • W C ✓ W fn G re >. Z N Z CO EXHIBIT 4.1 Exhibit 4.1 URBAN ENGINEERING Project Cost Estimate Sandy Creek Townhomes - Block 1, Lot 1 GENERAL ITEM 1 DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED PRICE SUBTOTALS 1 Mobilization, Insurance, and Other Move -In Related Expenses (Max 5% of Base Bid) 1 ...0 20,000.00 $ 20,000 00 2" Storm Water Pollution Prevention (Install. maintain and remove BMP's required by tho SW3P) 1 LS S 11,000.00 $ 11,00000 3 Construction Staking (Owner will provide hubs at property comers, one time, prior to construction. All other staking will be by contractor ) 1 LS $ 19,000.00 $ 19,000 00 SUBTOTAL $ 50,000.00 SITE PREPARATION ITEM 1 DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED PRICE SUBTOTALS 4. Off -Site Excavation (Drainage Ditch) 7030 CY 5 7.00 $ 49,210 00 SUBTOTAL $ 49,210.00 WATER SYSTEM ITEM 1 DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED PRICE SUBTOTALS 5. Water Main (8" C-900 PVC) 4,903 LF $ 32,00 $ 156,898.00 6. Water Main (2" Temporary Line) 180 LF $ 20,00 $ 3,600.00 7 Fire Hydrant Assembly (Includes Tee, 6" Valve, 6" Lead & Hydrant) 11 EA 5 4,200.00 S 48,200.00 8. Gate Valve (8") 23 EA 5 1,500.00 $ 34,500 00 9. Fitting (8" x 8" Tee) 8 EA $ 700.00 5 5,60000 10. Fitting (8" Bend) (90 deg) 7 EA $ 600.00 $ 4,200 00 11. Fitting (8" Bend) (45 deg) 2 EA 5 600.00 $ 1,200.00 12. Fitting (8" Bend) (45 deg) (Vertical) 10 EA S 600.00 5 6,000.00 13. Fitting (8" Plug) 8 EA $ 500.00 5 4,000.00 14. Service Saddle & Gate Valve (8" x 2") 2 EA S 250.00 $ 500 00 15. Water Service (Short Side 3 -way) (3/4") 2 EA 5 1,600,00 $ 3,200 00 16. Water Service (Long Side 3 -way) (3/4") 2 EA $ 1,700.00 $ 3,400 00 17. Water Service (Short Side Double) (1" to Dbl 314") 14 EA $ 1,200.00 $ 16,800 00 18. Water Service (Long Side Double) (1" to Dbl 3/4") 10 EA $ 1,300,00 $ 13,000 00 19. Water Service (Short Side Single) (314") 2 EA 5 800.00 S 1,600.00 20. Water Service (Long Side Single) (3/4") 5 EA $ 900.00 5 4,500.00 21. Locate & Connect to Existing Water Stub -Out (8") 2 EA $ 1,200.00 5 2,400 00 SUBTOTAL $ 307,696.00 SANITARY SEWER SYSTEM ITEM 9 DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED PRICE SUBTOTALS 22 Sanitary Sewer Main (8" SDR -26 PVC) (5'-10' Cut) 53 LF 5 45 00 $ 2,385.00 23 Sanitary Sewer Main (8" SDR -26 PVC) (10'-15' Cul) 13 LF 5 50.00 5 650.00 24. Sanilary Sewer Main (12" SDR -26 PVC) (5' 10' Cul) 1,079 LF 5 65.00 $ 70,135.00 25 Sanitary Sewer Main (12" SDR -26 PVC) (10'-15' Cut) 295 LF $ 70.00 $ 20,650.00 26. Sanitary Sewer Manhole (4' Dia) (5'-10') 4 EA $ 6,000.00 5 24,000.00 27 Sanitary Sewer Manhole (4' Dia) (10'-15') 2 EA $ 7,000.00 5 14,000.00 28 Sanitary Sewer Plug (8") 6 EA $ 100,00 $ 600 00 29 Sanitary Sewer Plug (12") 1 EA $ 200.00 $ 200.00 30 Sanitary Sewer Service (4") (Short Side Single) (Shallow Cut Connection) 11 EA 5 850.00 5 9,350.00 31 Connect to Existing 12" Sanitary Sewer Stub 1 EA $ 1,200.00 $ 1,200.00 32 Trench Excavation Protection (Required for > 5' Cut) 1,440 LF 5 3.00 $ 4,320.00 SUBTOTAL $ 147,490.00 TOTAL BID $ 554,296.00 ON NO.LWNIX3 ?!Q SQNVS OATS HOLLY RD to a ▪ iLL 0 0 1- z c)g W 2N O i z Ow ce Yre W W W ✓ co O Z • a N Z EXHIBIT 4.2 Exhibit 4.2 URBAN ENGINEERING Project Cost Estimate Sandy Crank Townhomes - Block 1, Lot 1 GENERAL ITEM Si DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED PRICE SUBTOTALS 1 Mobilization, Insurance, and Other Move -In Related Expenses (Max. 5% of Base Bid) 1 LS $ 20,000.00 $ 20,000 00 2 Storm Water Pollution Prevention (Install, maintain and remove BMP's required by the SW3P) 1 LS $ 11,000,00 $ 11,000 00 3. Construction Slaking (Owner will provide hubs at property comers, one time, prior to construction. Ail other staking will be by contractor.) 1 LS $ 19,000.00 5 19,000.00 SUBTOTAL $ 50,000.00 SITE PREPARATION ITEM 9 DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED PRICE SUBTOTALS 4. OH -Site Excavation (Drainage Ditch) 7030 CY $ 7.00 $ 49,210 00 SUBTOTAL $ 49,210.00 WATER SYSTEM ITEM 9 DESCRIPTION QUANTITY UNIT UNIT PRICE EX NDED PRICE SUBTOTALS 5. Water Main (8" C-900 PVC) 4,903 LF $ 32,00 3 158,898.00 6. Water Main (2" Temporary Line) 180 LF $ 20,00 $ 3,600.00 7 Fire Hydrant Assembly (Includes Tee, 6" Valve, 6" Lead 8 Hydrant) 11 EA $ 4,200.00 $ 46,200 00 8. Gate Valve (8") 23 EA $ 1,500.00 $ 34,500 00 9. Fitting (8" x 8" Tee) 8 EA $ 700.00 S 5,600 00 10. Fitting (8" Bend) (90 deg) 7 EA $ 600.00 $ 4,200 00 11. Fitting (8" Bend) (45 deg) 2 EA $ 600.00 5 1,20000 12. Fitting (8" Bend) (45 deg) (Vertical) 10 EA $ 600.00 5 6,000 00 13. Fitting (8" Plug) 8 EA 5 500.00 5 4,000 00 14. Service Saddle & Gate Valve (8" x 2") 2 EA $ 250.00 $ 500.00 15. Water Service (Short Side 3 -way) (314") 2 EA $ 1,600.00 5 3,200.00 16. Water Service (Long Side 3 -way) (3/4") 2 EA $ 1,700.00 $ 3,400 00 17. Water Service (Short Side Double) (1" to DbI 314") 14 EA 5 1,200.00 $ 16,800 00 18. Water Service (Long Side Double) (1" to DhI 3/4") 10 EA 5 1,300.00 $ 13,000 00 19, Water Service (Short Side Single) (3/4") 2 EA 5 800.00 $ 1,600 00 20. Wafer Service (Long Side Single) (314") 5 EA $ 900.00 3 4,500.00 21. Locate 8 Connect to Existing Water Stub -Out (8") 2 EA $ 1,200.00 S 2,400 00 SUBTOTAL $ 554,296.00 Exhibit 4.2 Subtotal $ 526,716 00 Subtotal Difference $ 307,596.001 SANITARY SEWER SYSTEM ITEM C DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED PRICE SUBTOTALS 22. Sanitary Sewer Main (8" SDR -26 PVC) (5'-10' Cul) 1,132 LF $ 45.00 5 50,940.00 23. Sanitary Sewer Main (8" SDR -26 PVC) (10'-15' Cut) 308 LF $ 50.00 $ 15,400,00 24. Sanitary Sewer Main (12" SDR -26 PVC) (5'-10' Cut) 0 LF $ 65.00 5 - 25. Sanitary Sewer Main (12" SDR -26 PVC) (10'-15' Cul) 0 IF $ 70.00 5 - 26. Sanitary Sewer Manhole (4' Dia.) (5'-10') 4 EA 5 6,000,00 $ 24,000.00 27. Sanitary Sewer Manhole (4' Dia.) (10'-15') 2 EA $ 7,000.00 $ 14,000.00 28. Sanitary Sewer Plug (8") 7 EA $ 100.00 $ 700.00 29. Sanitary Sewer Plug (12") 0 EA $ 200,00 5 - 30. Sanitary Sewer Service (4") (Short Side Single) (Shallow Cut Connection) 11 EA $ 850.00 5 9,350,00 31. Connect to Existing 12" Sanitary Sewer Stub 1 EA $ 1,200.00 5 1,200,00 32. Trench Excavation Protection (Required for> 5' Cut) 1,440 LF $ 3.00 $ 4,320.00 SUBTOTAL $ 119,910.00 TOTAL BID $ 526,716.00 Exhibit 4.1 Subtotal $ 554,296.00 Exhibit 4.2 Subtotal $ 526,716 00 Subtotal Difference $ 27,580.00 Engineering (7.5%) S 2,068.50 Total Eligible for Credit/Reimbursement $ 29,648.50 Wastewater Infrastructure Acreage Fee - Sandy Creek Townhomes (9.50 ac x $1571lac) $ (14,924.50) TOTAL WASTEWATER CREDIT $ (14,924.50) TOTAL WASTEWATER REIMBURSEMENT $ 14,724.00 INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall famish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence : aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. ProfessionaI Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph 110f This Exhibit S500,000 $500,0001$500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 5 Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "AIl States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State ofTexas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereo f Exhibit 5 Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 5 Page 3 of 3 City of Corpus . Christi City of Corpus Ch rCsti, Tr1124 Department of Development Services P.Q. Box 9277 Corpus Christi Texas 78-16Q-9277 (361) 826-3240 Located at 24116 Leopard Street (Corner of Leopard Si and Port Ave ) 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: Palm Land Investments, Inc_ STREET 5949 La Costa Drive CITY: Corpus Christi Zip: 78414 FIRM Is ® Corporation D Partnership D Sole Owner ❑ Association 0 Other DISCLOSURE QUESTIONS if additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) NA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title NA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee NA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant NA CERTIFICATE 1 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 Caballero Title: President (Print) Signature of Certifying Person. ��% Date: c2 / �ea K 1OlivtLOPHEN1SVC SSI IAREDPLAND DEVELOPAtENT1ORDINAN':E ADMINISTRAT)OhMPPLICATION FOR1MSFORNIS AS PER LEGALL:012,DISCLOSIIRE OF INTERESTS srs7EA4ENTt27I2»uc =1.1 -silk..- Page 1 of 2 DEFINITIONS a. 'Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K. bEVELOPNIENTSVCSSIlARED LAND DEVELOP\1ENTORDINANCE AOMINISTRATIONLIPPLICATION FOA\ISFOR,MMS AS PER LEGAL2012'PISCLOSURE OF INTERESTS STATEMENT' .27,2.DOC Exhibit 6 Page 2 of 2 Ocid 2013020672 NOTICE OF CONFIDENTIALITY RIGHTS: 1F YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST !N REAL PROPERTI BEFORE IT 15 FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED Effective Date: May 24, 2013 Grantor: MARGO LYN MOORE, as her sole and separate property, joined pro forma by her husband, Royston Williams Moore, Jr. Grantee: PALM LAND INVESTMENTS, INC., a Texas corporation Grantee's Mailing Address: Palm Land Investments, Inc 5949 La Costa Corpus Christ -s, Texas 76414 Consideration: TEN AND NO/100 DOLLARS and other good and valuable conside-ation. Property (including improvements): i) 4 ac -es more or less, more particularly described In attached Exhibit "A", and ii) 55 26 acres: more or less, more particularly described in attached Exhibit "&" (collectively the "Property"). Reservations from and Exceptions b Conveyance and Warranty: 1) Grantor excepts from thls Special Warranty Deed a f valid and effective easements, rights-of-way and all recorded documents that affect the property; rights of parties in possession; any discrepancies, conflicts or shortages In area or boundary lines or encroachments or profusions or any overlapping of Improvements; visib e and apparent easements; and all laws, rules, ordinances and regulations of any governmental authority having jurisdiction. 2) Grantor reserves and excepts from this Special Warranty Deed all of Grantor's right, title and interest to oil, gas, casinghead gas, hydrocarbons, sulfur, geothermal steam, uranium, uranium ore, fissionable materials, Iron are, coal and all other minerals, ores and mineral substances of any nature regardless of the proximity of any such mineral to the surface of the ground and the procedures or methods necessary or desirable to remove, recover, mine or 1 391404.4359.013PP.B24 produce same, together with all royalty Interests, overriding royalty Interests, working (leasehold) interests, production payments, executive rights, rights to receive bonus, rentals and any other sum of money, and any and all other rights, titles and interests of any nature pertaining thereto, and Includina all wells, tubing, wellheads, casing, tanks, flowllnes and any other real or personal property perta'nsng thereto, and including ail production whether prior to or after to the date hereof that is now held in storage tanks and pipelines, and production sales proceeds and montes In any manner pertaining to the Property. Grantor specifically disclaims any representations, warranties, obligations or guaranties to Buyer of any kind or character, express or implied, with respect to the Property including, without limitation, (i) the value, status, quality or condition of the property, and (ii) compliance with any zoning, building, platting and other laws, ordinances and regulations of governmental authority and Grantee, it successors and assigns assumes any such compliance. Grantee. its successors and asslans, shall defend. indemnify, protect and hold harmless Grantor from anv and all liens, claims. demands. costs (inciudinsr but not limited to attorneys' fees, accountant's fees, enoineer's fees, consultant's fees and expert's fees), expenses, and damages as a result of any and all claims made by governmental authorities or private third parties regarding rollback taxes, zoning. building. platting ordinances and regulations involving the Property. Grantor, for the consideration, receipt of which is acknowledged, and subject to the duties, 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 unto Grantee and Grantee's successors and assigns forever. Grantor binds Grantor and Grantor's heirs and legal representatives to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every party whomsoever lawfully claiming or to c aim the same cr any part thereof, by, through and under Grantor, but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. Th s conveyance is made with full substitution and subrogation of Grantee in and to al previous covenants and warranties made by any third party with respect to the Property or any part thereof or Interest therein. Granter is conveying and Grantee is accepting, the property In its "AS IS", "WHERE ?S" Physical condition, "WITH ALL FAULTS". Absolutely no warranties. expressed or Implied, are given by Grantor relating to the physical condition of the soil, 2 391404 4159 91JPF124 the improvements, or any other physical component of the property, and to the extent any such warranties are nevertheless deemed given, Grantee hereby waives same exceat where such waiver is expressly prohibited by law, Nothing In this paragraph shall effect or limit the warranties of title set forth In this deed". GRANTOR; y gil L n Moodr RoystWilliams s r Moore, Jr.3r. GRANTEE: Palm Land Investments, Inc., a Texas corporation, /J Danbailerd Tale: President 3 391404.4359.01.1PF.324 ACKNOWLEDGMENTS STATE OF TEXAS § This instrument was acknowledged before me on "Y)outiG{`t 2013, by Margo Lyn Moore. COUNTY OF NUECES SMELL ALLEN Notery Pnolle, Slate el Texas my Comm :tenEgplras 119,r391Z016 STATE OF TEXAS COUNTY OF NUECES § `R_Q9,ex� Noub1lc, State of Texas This instrument was acknowledged before me on 'Rout.), at -t 2013, by Roysrcin Will•arns Moore, Jr. in the capacity stated. SMELL ALLEN Notary Pottle, stats e1 Yews My Ccmmisslon Ent res pgmtltlt116 STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me an Dan Caballero in the capacity stated. JANELL ALLEN Notary Pi"_llc, Stela of Texas Lly Contrsls: on Expires 09/30!2016 1 c, State of Texas 2013, by tfr x.0 \A 1U),(\. n\. Nb:ic, State of Texas 't 3914044359.01 JPF.e24 _rot LT Las e.:• Pt AT:! N:XC. 4 milt r. r.S a7Ls Exhibit "A" BASS 'ELSE[ ENGINEERING, rt Re},. rasa, N. 1--!2 S crier 11.Fs ratan Na Inr113t•oC r �s nos o30 Car, •.I ChM,: TN %*.106 610' a3e6 29 2013 tel+ s .au 1:1•11:49. 16112% f141— 1,LX Fata!_ 1761 .'1 '''''•0,...r.... Field Nati CostriptIael 5r,np 4 Iran s=ua 04.r Ccpus C --Is'.. Nurcet County T.aas. out or the nor4i owner of Lot 3, Secnon 2i. Fleur 9..l a .d Endnai Fenn and Careen Trat:s as sho.m c0, Lh■ map therecf recorded h Volume 'A' at Pesos at — s' cue Map Records of Nut/es County. Tones and berg mora p.rtzutirly described Ir; ngIeI and bounds es follows BEC'NNINO ata 5:11 Inca Len rad found In the west line al Lot 3 and the current south rlphlat.way Una of Hotly Read, •.vhelnca the edpinel nerds earner of Lot 3 bears N 2L'ap de' a et 20.0 fesC THEM:1901'21'93 E wane the els:nesau:1i rrpnt.ct.9 a7lne of Hely Reed a o:s:sree of 43430 tattle eh ..on red safer the eastmest earner of this tract. THENCE 5 :£'38 57' E Imo Lel 3. del:ane. el 401 2.1 flat u a 5f6 nth Oat. tad let ler the south corner of Lids tree. TH=NCO N 2I' 13'10' W a distance e143S-22 11111d a 512 irteh iron rad pet In She r'arteosesI boundaryof Let 3 I'461.46,1161 ta-serar L`Js tract: THENCE N 25%.1993. 9 elan;, dsa norU7xest boundary of Lot 2.1 distance of 4011.21 lest to the POINT OF BEGINNING, lomenp a beet e.'nbraerne 4,10 acres, cIE i�tU11iL1Y S155.JR.-,�I ay 9as[.Jr., a P.L.S. .00 7' 3i1 �k ri}d ear•, u En..6 ,i r. Stn•. M 10,99 t sat.. Cala. Sawa dusk ha0 I:es7. U 3 Sandy trill, IYI a I..996: I.np l Ie; Lao ry r1 . 3 91404.43 5 9.61.. J PF. a 24 Exhibit "e" Property a I:eany 3:.:' ra P5_111. Lt. ry\I tct,tu PO RP I. ,.. Lr.•F {rvwt Fa!: s Aa..»sc.r 21r 211 act 11:1• Fon 141 art 4 0.it 11u,r.-r 6 -.rel r...t EAS5 & WELSH ENGINEERING 7 i eptii.trivu Nu. 0.52 5 trey Resistrelica N.. 105027.00 P.13 Hu. c.19 - Cora,* Chrl1L. Ta 704x2 5271 apA 29.2013 Pie. d Note OescipILan 51.717 a tragi 141:ated In Corpus Christi Nctcss County Texas. being eommisad of p02ions al Lata 1. 4 and 5. Section 27 Four 0 t1ff and Eneinsl Farm sod Gatdtn Tracts as ihowas on the map thareol recorded In '.'0.Wne "A al Pagel ext - 43 a L,a I$ap Records of Nuaces Caunry Tarsi and hung more panEcp'ar deserted by metes and bounds as foams. 850 NN •10 as a 51.nctn Iron rod found for the westmosl cornet of lot 3. Section 27 said grunt berg the southfr:7N corner oI Lot 2 Stohon 27 an4 dre 11Crdunolt comer of Mmnitrs',ar Estates Unit 3. as showman the mar) thereat recorded In Volume 57 at Page 330, said map records: Nis 445 'c atorg tner.crtlwsst iroun:ary of Lal 3 a 4:stance oi895 72 faetla a 18nuhx_1 =- cal Is :ha seal comer 0. a 4.53 acre tract cut d Lot 3, Section 27 - THENCE 5 81'13'1C- 5 a ds:ince of 435.32 fee: lo a 518 Incl hot /54 set for the south c5f/er of the 4.53 acre tract and an Interior corner of Ms frig, THENCE N23'38 57' W a distance of 45: 28 feet la a 19 Inch Iron rod set is the entrant south rights -way En. o: Hely Road 1c the most northerly comer of Ws tract, sad punt being the east corner of thea 9 acre traG, THENCE_ 581'2193"E along the existing south rtph4af-rwylne cf HcSy Rud a 6stance of 1549.70 feet to a 5r3 41_77 hc1 pad set for the 05110.21earner 01414 tad' Ce'vg the norWno3t corner c1 Los Anbales at Terra Mar Unit 1 at shovn co the map leered: recorded al V5:ume 55 at Papa 158 Map Records o1 Namara County, Texas lar the eastmest corner of this cast raid pont lying on the east ins of Lot 5. Seetan 27. Flow 5.401 and Endnal Oeim and Garden TrsCs. THENCE 523'380.5' W ata05 the southeast Inc of Lot 5 a &stance cl1399,00 Naito a 518 inch kw rod sat far the 0ou:1+7i541 0rner ei Let 3 aro ale laudtmost eemer cf shls tract: THENCE td 8:'2193' W sang the south Cane al Lits 5.4 and 3, and the north line of I.tmrangsx Et:alas a distance 011517 31 to the POINT OF BEGINNING, forming a said embracing 55.25 acres. I41„ ri3AY Bl.55. JIL 1'utsay Bad, 0.0.1 5 Erna 2;E8 f 'UV' >=x 111111717151117034512.2 41 10ry+:312:mca 2;ea NADlrp; U 5011.47Fx 11J l.r. 1)11 .i.r a uFx. Poi: -1i 0.75.7141 6 391504.1359.51. PF821 Doc 2013020672 Doric 2013020572 # Pages 7 05/24/2013 4 33PM e -Filed & e -Recorded n the CYic:al Plibllc Records cf NUECES COUNTY DIANA T BARRERA COUNTY CLERK Fees 535 00 Any provis on herein wh ch restricts the Sa e Rental or use cf the described REAL PROPERTY because of Race Color Rel;glon. Sex Handicap Fam;l:..al Status or National Orn is'nvafd and unenforceab'e under FEDERAL LAW. 3/12/59 STATE OF TEXAS COUNTY DF 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 jauth_k_. art Ctrl MO'aL'r Mg CERTIFICATE OF RESOLUTIONS OF PALM LAND INVESTMENTS, INC. (Sandy Creek Townhomes Wastewater Trunk Main Extension Construction and Reimbursement Agreement) The undersigned, authorized President of Palm Land Investments, Inc., a Texas Corporation, (the "Corporation"), does hereby certify as follows: (1) That I am the duly elected and qualified President of the Corporation and the custodian of the Corporation's records; (2) That set forth below is a true and correct restatement of certain Resolutions adopted by the directors of the Corporation by appropriate action. WHEREAS, the Corporation desires to enter into a Wastewater Trunk Main Extension Construction and Reimbursement Agreement related to the Sandy Creek Townhomes ("Reimbursement Agreement"). NOW, THEREFORE, the Corporation hereby adopts and consents to the following resolutions: RESOLVED, that the President of the Corporation be and is hereby authorized and directed to do any and all things deemed necessary or advisable and in the best interest of the Corporation, in such individual's sole discretion, in relation to the Wastewater Trunk Main Extension Construction and Reimbursement Agreement , and the President is hereby authorized to execute, and the Corporation hereby ratifies and confirms any execution and delivery of the Wastewater Trunk Main Extension Construction and Reimbursement Agreement and any third party may rely upon the foregoing grant of authority without further inquiry with respect to all acts subsequent hereto by Corporation. (3) That none of the Resolutions set forth above have been amended, modified, revoked, or rescinded; and each such Resolution is in full force and effect on the date hereof; (4) That the following are the duly elected, qualified and serving officers of the Corporation, that the address is as stated in connection with each, and that the signature set out opposite the name of the officer is the genuine signature of such person, to -wit: NAME AND ADDRESS SIGNATURE Title: President DAN CABALLERO 5949 La Costa Drive Corpus Christi, Texas 78414 Title: Secretary MARIA ELBA CABALLERO 5949 La Costa Drive Corpus Christi, Texas 78414 .4zA Ogeia.0 IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Corporation this a day of Fer-):C11,4-", , 2017. OP,S„, Maria Elba Caballero Secretary CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 011 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos, 1, 2, 3, 5. and 6 if there are no Interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Palm Land Investments, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the Corm Is being filed. City of Corpus Christi OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-164994 Date Filed: 02110/2017 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. WasterwaterTrunk Main Reimbur Sandy Creek Town Homes - Being 9.497 Acres of Land Situated in Lot No. 3, Section 27, Flour Bluff and Encinal Farm and Garden Tracts r 4 Name of Interested Party City,State, Country (place of business) Nature of interest (check applicable} Controlling Intermediary Caballero, Maria Elba Corpus Christi, TX United States X Caballero, Dan Corpus Christi, TX United States X ck only if there 1s NO Interested Party. 6 AFFIDAVIT DHALIA TREVINQ Notary ID 1:13081402-9 My Commission Expires 09/08/2020 t swear, or affirm, under pennity of perjury, that the above disclosure is true and correct. Signature al authorized agent of contracting business entity AFFIX NOTARY STAMP /SEAL ABOVE (� J f f - Sworn lo and subscribed before me, by the said L]Q t` Rab( e (� C) , this the / �� day of FP.t�ULLf it 20 / 7 to certify ►vt h. witness my hand and seal of office. I / %t.( Signature of Nicer administering oath NUL( r �Lcm\ , r Printed name of officer administering oath Title of °freer adrnlnistermg oath Forms provided by Texas Elhres Commission www.ethics.state.tx,us Version V1.0.277 Vicinity Map t N Aerial Overview 1 N AGENDA MEMORANDUM First Reading for the City Council Meeting of April 25, 2017 Second Reading for the City Council Meeting of May 9, 2017 DATE: TO: March 31, 2017 Margie C. Rose, City Manager FROM: Julio Dimas, CFM, Interim Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Exemption from the Wastewater Acreage/Lot Fees for property located west of Waldron Road and south of Don Patricio Road CAPTION: Ordinance exempting Don Patricio, Block G, Lot 1 R, located west of Waldron Road and south of Don Patricio Road, from the payment of wastewater lot/acreage fees under Section 8.5.2.G.1. of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. PURPOSE: Exempt the property owner of Don Patricio, Block G, Lot 1R from paying $1,036.86, in wastewater lot and acreage fees subject to execution of a Sanitary Sewer Connection Agreement. BACKGROUND AND FINDINGS: Mr. Weston Beseda, owner of Don Patricio, Block G, Lot 1R submitted a request for a waiver for wastewater infrastructure construction per Section 8.2.7.A of the Unified Development Code (UDC) and an exemption from the Wastewater Lot/Acreage Fees in the accordance with Section 8.5.2.G. The subject property, Don Patricio, Block G, Lot 1 R, is located west of Waldron Road and south of Don Patricio Road. The waiver request did not comply with the UDC Section 8.2.7.B.1.d.ii as the sanitary sewer service is technically accessible to this property. The nearest service is located approximately 994 feet away from the property. (C:\USERS\G RANIC-1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF T@BCL@A0051A13\@BCL@A0051A13. DOC) Out of the 994 feet of the wastewater main extension, approximately 869 is offsite and 125 is onsite with the proposed plat. The estimated construction cost for the wastewater service connection is $124,250.00 which creates a significant cost burden for a single- family homeowner. A request for exemption from Sanitary Sewer Infrastructure Construction and Acreage/Lot Fees was considered by the Planning Commission on February 9, 2017, with a favorable recommendation. ALTERNATIVE: Require the owner to pay the applicable wastewater lot and acreage fees in the amount of $1,036.86 prior to the recording of the plat. If wastewater services are not available within 15 years from the date of the filing of the plat, the property owners may request a refund which will include a 5 1/2 percent interest per annum from the date of filing of the final plat. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: On February 9, 2017, the Planning Commission recommended that City Council approve the wastewater exemption subject to a Sanitary Sewer Connection Agreement. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): COMMENTS: None (C:\USERS\G RANIC-1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF T@BCL@A0051A13\@BCL@A0051A13. DOC) RECOMMENDATION: On February 9, 2017, the Planning Commission recommended that City Council approve the exemption of the wastewater lot and acreage fees subject to a Sanitary Sewer Connection Agreement. The agreement will require payment of the pro -rata fee in effect when public wastewater service becomes available. The agreement will also require payment of the wastewater lot and acreage fees in effect if public wastewater becomes available within 15 years of the plat being filed for record. LIST OF SUPPORTING DOCUMENTS: Ordinance Sanitary Sewer Connection Agreement Location Maps (C:\USERS\G RANIC-1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF T@BCL@A0051A13\@BCL@A0051A13. DOC) Page 1 of 2 ORDINANCE EXEMPTING DON PATRICIO, BLOCK G, LOT 1R, LOCATED WEST OF WALDRON ROAD AND SOUTH OF DON PATRICIO ROAD, FROM THE PAYMENT OF THE WASTEWATER LOT/ACREAGE FEES UNDER SECTION 8.5.2.G.1 OF THE UNIFIED DEVELOPMENT CODE; REQUIRING THE OWNER/DEVELOPER TO COMPLY WITH THE SPECIFIED CONDITIONS. WHEREAS, Don Patricio, Block G, Lot 1R, located west of Waldron Road and south of Don Patricio Road is not currently served by the City wastewater system; WHEREAS, the owner/developer has submitted a written request that the Subdivision be exempt from the payment of wastewater lot or acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, based on Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, the Planning Commission recommend the City Council that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years and that the Subdivision be exempt from the payment of wastewater lot or acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Pursuant to the request of the Don Patricio, Block G, Lot 1 R, Mr. Weston Beseda ("owner") the Planning Commission has recommended City Council approving the applicant request to waive sanitary sewer infrastructure construction per Section 8.2.7.A of the Unified Development Code (UDC) and an exemption from the Wastewater Lot/Acreage Fees in the accordance with Section 8.5.2.G of the Unified Development Code of the City of Corpus Christi. SECTION 2. The exemption from the payment of wastewater lot or acreage fees, pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, is conditioned upon owner/developer compliance with the following: a. That the owner/developer of the Subdivision enter into a Sanitary Sewer Connection Agreement with conditions (copy of Agreement attached hereto and incorporated herein to this Ordinance for all purposes). b. That the Sanitary Sewer Connection Agreement requires payment of the wastewater lot or acreage, pro -rata, and tap fees at the rate in effect at the time of connection to City wastewater. Page 2 of 2 c. That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. d. That the Sanitary Sewer Connection Agreement and covenants contained in the agreement are covenants running with the land. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Mayor City Secretary K:\DEVELOPMENTSVCS\SPECIAL SERVICES\APPLICATIONS FOR LAND SUBDIVISION\DON PATRICIO\1-LAND DEVELOPMENT\4-BLOCKG, LOT 1R\8- EXEMPTION\CITY COUNCIL SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home -Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277, hereinafter called "City" and Weston and Katy Beseda, 2033 Sentinel, Corpus Christi, Texas 78418 hereinafter called "Developer/Owner." WHEREAS, Developer/Owner in compliance with the City's Unified Development Code, has submitted the plat for Don Patricio, Block G, Lot 1R, hereinafter called "Development," (Exhibit 1); and, WHEREAS, wastewater construction plans and construction are a requirement of the plat, and WHERAS, the Development Services Engineer has determined that sanitary sewer is not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers/Owner to record the plat of the Development Property without initial construction of wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Developer/Owner agrees for itself, its successors, transferees, and assigns, as follows: 1. to connect to City sewer at such time as a wastewater manhole is located at the frontage of the property or a wastewater line extends along the frontage of the property; 2. to pay wastewater acreage fees at the rate in effect at the time of connection if wastewater services are available within fifteen (15) years from the recording date of the plat; and 3. to pay tap fees and pro rata fees at the time of connection to City wastewater. Sanitary Sewer Connection Agreement Don Patricio, Block G, Lot 1R Page 2 City agrees: 1. to allow property to use on-site wastewater treatment in compliance with State and local regulations; INDEMNIFICATION: DEVELOPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF THE GRAND RESERVE UNIT 2, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. This agreements and covenants set forth herein are covenants running with the land, to be filed in the Office of the Nueces County Clerk Office, and shall be binding on Developer/Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. Sanitary Sewer Connection Agreement Don Patricio, Block G, Lot 1R Page 3 EXECUTED original, this day of , 2017. DEVELOPER/OWNER: Weston Beseda and Katy Beseda Owner STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this , day of , 2017, by Notary Public, State of Texas APPROVED: This day of , 2017 By: Julio Dimas, CFM, Interim Director Development Services APPROVED as to form: By: Buck Brice Senior Assistant City Attorney For City Attorney Sanitary Sewer Connection Agreement Don Patricio, Block G, Lot 1R Page 4 DON PATRICI❑ LOT IR, BLOCK ern WM. mel cT 1 Pokomo COM11,1r8SiON SUL 33.3031.5.1.3.1! WON. Mf. M444mn awe EMD 141.......P .NYT.Y .o.ec..r es. DEMmY.T. ssiE eR, a wu ..w DPq,IY.+a..emaeueny AI I. M.N.. Om.* l..: CC MOM DR. or..w......M.Y. ITC 13030.8.01.03•113. Orrnels.) fr. 1 .DlEYOuofcw,.noxe • 11R N,w.MrTfOw,rr.Frrm m.cc naeu,n iR,.LPOTTED ...F f e p...a erne sneer 1.3FMT9N TAM . .4[mM. Bf i RIMI.Se Av..nwYOf er.Orr i13104V33.331 MM. e.FA...c CR3.10 irs MIA, Lk ITEEMP. 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R, PG 30 {M.A-tiCT.) 333UM[1.1.3•31.1313.31Orre 33. .1.313 0331.1.133.101.1..0.13 weu www+: �`"' e arses COOCO+,.MDMAT33. a e..r.,rw.m Tar wn.aaro,.mw�o.rn,,..�m TEITAAT 33ALLOTO.FISOC31.1313KMOCTIChef e133TT CP TOWS e5.3.3 3,13.13 imemenme 33 mom.... :MC MMWTTP1 rwr...>..cefww..e_ een 3e..G W.rrlvr..Tu...,e,.w.A v.113.1 HO t.41. Rreri.cr CC.M. µ..wF..Y. Nes 16.3 Tali* ITT{ LOT 5a LOT49 — A 1 VICINITY MAP (NTS) Ir. GAT WPM Likagre..333. madame .x+..s crew.... COM. MALM awn IAC.eeu...'•+iH+4 e..rw DON PATRICI° ROAD I4O' FLO.w.1 559° 5Y00' 8145.19' 1.tf 575? O11°Cl25.1 LOT IR G 2f,,2159 S.F. n442 AC. t4rl.[NY GNI° A= I5. T= I4.$' LA= 23.53' LC=514°5&OO E21.17 LOT 48 1 1 VOSS ENGINEERING, INC. eM31NEEf.•.Oodd) Wel s G}l erYN WlGREEMCCO DRIVE CORPJ9 CHR45fl TE]r S 71441E AF101lE 13Eidis.8'1z FAX pf111653 MME 9+ fa 29' 4d GRAPHIC SCALE: t• = 7d N 37°32' CO' 1Y' i eSOV I.OT 5 DATE: REVISED: OFFICE: JOB #: 05/31/2016 RV & RG 16-6276 FIRM NO F-166 EXHIBIT 1 DON PATRICIO LOT IR, BLOCKG BEING A REPLAY OF LOTS 1. 2. 3. S 4 BLOCK G 0 RECORDED 0 CORDED IN VOLUME a PAGE 30 (M.R.N.C.T CORPUS CHRISTI, NUECES COUNTY, TEAS NOTES: JUL 27 2016 • PLANNING COMMISSION 1. YARD REQUIREMENTS AS DEPICTED AREA REQUIREMENT OF THE UNIFIED DEVELOPMENT CODE AND SUBJECT TO CHANGE, AS THE ZONING MAY CHANGE 2. FOUND 5/8 INCH IRON RODS AT ALL LOT CORNERS, P.C.'S. P.T.S. BLOCK CORNERS ETF, UNLESS OTHERWISE SPECIFIED. B . DENOTES ACRES OF LAND S.F. DENOTES SQUARE FEET OF LAND REQUIREMENTS B.L DENOTES BUILDING LINE U.E. DENOTES UTILITY EASEMENT DENOTES DRAINAGE EASEMENT C.L. DENOTES CENTERLINE OF ROADWAY B.C. DENOTES BLOCK CORNER DENOTES DRILL HOLE 'S' DENOTES SET S/B' I.R. DENOTES GRADE ELEVATIONS 4. THIS PROPERTY LIES WITHIN FLOOD ZONE C. COMMUNITY 05964. PANEL 03160, (CITY OF CORPUS CHRISTI), AND IS NOT WITHIN THE 100 YEAR FLOOD PLAIN. REFER TO MAP INDEX DATED 07/161B5 5. THE RECEIVING WATER FOR THE STORM WATER RUNOFF FROM IS THE LAGUNA MADRE. THE TCEB HAS CLASSIFIED THE AQUATIC LIFE USE FOR THE LAGUNA MADRE AS "EXCEPTIONAL. AND'OYSTER WATERS'. TEE° ALSO CATEGORIZED THE LAGUNA MADRE AS 'CONTACT RECREATION' USE. 6. TOT. PLATTED AREA IS 0.650 ACRE WITH STREET DEDICATION, Z. BASIS OF BEARINGS ARE THE BEARINGS FROM DON PATRICIO AS RECORDED IN VOLUME 0. PAGES 30 (A.RN.C.T.) STATE OF TEXAS COUNTY OF NUECES THIS FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS BY THE PLANNING COMMISSION. THIS THE DAY OF 2016 PHILIP J. RAMIREZ. ALA. A, LEE AP, COMMISSIONER DANIEL M. MCGINN, A,I,C.P., INTERIM SECRETARY STATE OF TEXAS COUNTY OF NUECES THIS FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY APPROVED BY THE DEVELOPMENT SERVICES ENGINEER OF THE CITY OF CORPUS CHRIST, TEXAS. THIS THE OF 2016 RATNA POTTUMUTHU, P.E.. LEED PP. DEVELOPMENT SERVICES ENGINEER STATE OF TEXAS COUNTY OF NUECES KARA SANDS, CLERK OF THE COUNTY COURT.10 AND FOR NUECES COUNTY TEXAS, HEREBY CERTIFY THAT THE FOREGOING INSTRUMENT DATED THE DAY OF 2016, WITH TTS CERTIFICATE OF AUTHENTICATION, WAS FILED FOR RECORD IN MY OFFICE THIS DAY OF 2015 AT =LOCK _M AND DULY RECORDED IN VOLUME_. _(M.RN.C.T.) WITNESS MY HAND AND SEAL OF OFFICE IN CORPUS CHRISTI, TEXAS, THIS THE _DAY OF 2016 KARA SANDS. COUNTY CLERK DEPUTY TO THE COUNTY CLERK STATE OF TEXAS COUNTY OF NUECES LOT WESTON JACK BESEo0 B KATY JEAN RESEDA HEREBY CERTIFY THAT WE ARE THE OWNERS OF PATRICIO AS EMBw.CED WITHIN THE BOUNDS OF THE FOREGOING MAP; THAT WE HAD SAID LAND SURVEYED AS SHOWN, THAT STREETS AS SHOWN ARE DEDICATED TO THE PUBLIC FOREVER PNO STREET DEDICATION IS IN FEE SIMPLE THAT ALL EASEMENTS ARE DEDICATED TO THE PUBLIC FOR THE INSTALLATION, OPERATION AND USE OF THE PUBLIC UTILITIES; THAT THIS MAP WAS MADE FOR THE PURPOSES OF DESCRIPTION AND DEDICATION, THIS THE OF 2016, WEN ERN JACK BESEDA STATE OF TEXAS COUNTY OF NUECES wN JEAN EDA BEFORE E UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED JACKWESTON1ESEDA B KATY JEAN RESEDA KNOWN TO ME TO BE THE PERSONS WHOSE NAMES IS SUBSCRIBED TO THE FOREGOING INSTRUMENT OF WRITING AND ACKNOWLEDGED TO ME THAT HE EXECUTE THE SAME FOR THE PURPOSES AND CONSIDERATION HEREIN EXPRESSED AND IN THE CAP.!, HEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF 2016 NOTARY PUBLIC IN AND FOR NUECES CO„ TEXAS LOT 52 STATE OF TIXAS colINTY OF NUECES WE FIRST COMMUNITY BANK DO HEREBY CERTIFY THAT WE ARE THE HOLDERS OF A LIEN ON LOT 1R. BLOCK G OWNED BY WESTON JACK BEBE. S KATY JEAN RESEDA AND THAT WE APPROVE OF THE SUBDIVISION AND DEDICATION FOR THE PURPOSE AND CONSIDERATIONS EXPRESSED THIS THE DAY OF 2016 EXECLMVE LOAN OFFICER STATE OF TEXAS COUNTY OF NUECES LOT 51 DON PATRICIO V. 8, PG. 30 (M.R.N.C.T.) BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARS. KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING AND CONSIDERATIONS TOAND HEREIN EXPRHE ESSED ACKNOWLEDGED NT HECTAOPACITY THAT ECUTETHESAME FOR THE PURPOSES THIS THE DAY OE 2016 NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS LOT 50 LOT 49 STATE OF TEXAS COUNTY OF NUECES I, RONALD A VOSS, A REGISTERED PROFESSION. LAND SURVEYOR OF VOSS ENGINEERING. INC., HAVE PREPARE THE FOREGOING MAP FROM SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOW_EDGE, INFORMATION AND BEUER I HAVE BEEN ENGAGED UNDER CONTRACT TO SET ALL LOT AND BLOCK CORNERS AS SHOWN HEREIN AND TO COMPLETE SUCH OPERATIONS WUH DUE AND REASONABLE DILIGENCE CONSISTENT WITH SOUND PROFESSIONAL PRACTICE. THIS THE OF 2016 SEAL RONALD A. VOSS REGISTERED PROFESSIONAL LAND SURVEYOR No.2293 R Cr Castle Park I2 /OC //Q i '0 14'(OJ / /®S '1 r r�st /pay 4p y © ��7`QaOQ�y' a ?/At''S� -;'''or ' .5 4'/ `' Cwt! VICINITY MAP (NTS) STATE OF TEXAS COUNTY OF NUECES THIS RNAL PLAT IN NuecEs ocuNTy. TEXPS. H. BEEN APPROVED BY THE CORPUS CHRISTI-NLIECES ANY PRIVATE WATER SUPPLY AND/OR SEWAGE SYSTEM SI .L BE APPROVED BYTHE CORPUS CHRISTI-NUECES COUTNY HEALTH DEPARTMENT PRIOR To INSTALLATION THIS THE OF 2016 NUECES COUNTY HEALTH DEPARTMENT DON PATRICIO ROAD / (60' R.O.W.) S 59° 52' 00" E 145.19' 110 STREET DEDICATION 10' U.E. LOT 48 N Oco 7 25 Y.A. S 59° 52' 00" E 125.04 LOT 1R 26,215.9 S.F. 0.602 AC. 140.00' 09°51'56" R= 15.00' T= 14.97' LA= 23.53' LC=S14°56'00 / DEDICATION O CO ' E 21.19' N 59° 52' 00" W 145.00' LOT 5 VOSS ENGINEERING, INC. ENGINEERING AND LAND SURVEYING 8838 GREENWOOD DRIVE, CORPUS CHRISTI, TEXAS 78415 PHONE: (361)854-6202 FAX: (361)853-4696 0' 10' 20' 40' GRAPHIC SCALE: 1" = 20' DATE: REVISED: OFFICE: JOB #: 05/31/2016 RV & RG 16-6276 FIRM NO F-166 Vicinity Map _/ f ICS DON PATRICIO BLOCK G, LOT 1R Aerial Overview 1 N AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of May 9, 2017 Second Reading for the City Council Meeting of May 16, 2017 DATE: April 17, 2017 TO: Margie C. Rose, City Manager FROM: Julio Dimas, CFM, Interim Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Rezoning for Property located at 3825 County Road 69 CAPTION: Case No. 0317-06 Prosperity Bank: A change of zoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District. The property to be rezoned is described as a 0.629 -acre tract of land out of River Ridge Unit 2, Block 1, Lot 1A, as recorded in Volume 68, Page 509, Map Records of Nueces County, Texas, located on the west side of Hazel Bazemore Parkway (County Road 69) between Northwest Boulevard (FM 624) and Riverway Drive. PURPOSE: The purpose of this item is to rezone the property to allow development of a medical building. RECOMMENDATION: Planning Commission and Staff Recommendation (April 5, 2017): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CG -2" General 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 "CG -2" General Commercial District for the development of a medical building. The property to be rezoned is inconsistent with the Future Land Use Plan's designation of the property as mixed use. It is Staff's opinion, however, that the requested rezoning will be consistent with the zoning in the node of Northwest Boulevard and Hazel Bazemore Parkway. ALTERNATIVES: 1. Approve with Conditions. 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Northwest Area Development Plan. The proposed rezoning to the "CG -2" General Commercial District is inconsistent with the adopted Future Land Use Map, but is supported by goals in Plan CC. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Prosperity Bank ("Owner"), by changing the UDC Zoning Map in reference to A 0.629 -acre tract of land out of River Ridge Unit 2, Block 1, Lot 1A, as recorded in Volume 68, Page 509, Map Records of Nueces County, Texas; from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District; amending Plan CC 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 by Prosperity Bank ("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, April 5, 2017, 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 "CG -2" General Commercial District, and on Tuesday, May 9, 2017, 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 Prosperity Bank, ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on A 0.629 -acre tract of land out of River Ridge Unit 2, Block 1, Lot 1A, as recorded in Volume 68, Page 509, Map Records of Nueces County, Texas, located on the west side of Hazel Bazemore Parkway (County Road 69) between Northwest Boulevard (FM 624) and Riverway Drive (the "Property"), from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District (Zoning Map No. 067050), as shown in Exhibits "A" and "B". Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0317-06 Matkin-Hoover Engrg & Surveying\Council Documents\Ordinance_0317-06 Prosperity Bank.docx Page 2 of 2 MATKIN HOOVER ENGINEERING &SURVEYING 8 SPENCER ROAD, SUITE 100, BOERNE, TEXAS 78006 PHONE: 830-249-0600 FAX: 830-249-0099 TEXAS REGISTERED SURVEYING FIRM F-10024000 FIELD NOTES FOR A 0.629 OF ONE ACRE TRACT OF LAND BEING A 0.629 OF ONE ACRE TRACT OF LAND LOCATED WITHIN LOT 1A, ACCORDING TO THE REPLAT OF LOT 1A, BLOCK 1, RIVER RIDGE, UNIT 2, RECORDED IN VOLUME 68, PAGE 509, MAP RECORDS OF NUECES COUNTY, TEXAS. SAID 0.629 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Beginning at a 5/8" iron rod with a yellow "Bass & Welsh Eng." plastic cap found in the west right- of-way line of Hazel Basemore Road (County Road No. 69) at the southeast corner of Lot 1A, River Ridge, Unit 2, the northeast corner of River Ridge, Unit 3, recorded in Volume 68, Pages 428-429, Map Records of Nueces County, Texas; (1) Thence, departing the west right-of-way line of Hazel Basemore Road, with the north and east boundary lines of River Ridge, Unit 3, the south and west boundary lines of Lot 1A, the south and west boundary lines of the herein described tract, the following courses and distances: a. N 84° 45' 49" W, 244.29' (N 84° 42' 25" W, 244.18', record) to a 5/8" iron rod with a yellow "Bass & Welsh Eng." plastic cap found for corner; b. N 09° 21' 19" E, 112.53' (N 09° 18' 43" E, 112.41', record) to a 5/8" iron rod with a yellow "Bass & Welsh Eng." plastic cap found for corner; (2) Thence, S 84° 42' 4" E, across Lot 1A, River Ridge, Unit 2, with the north boundary line of the herein described tract, a distance of 244.20' to a calculated point for corner in the east boundary line of Lot 1A, River Ridge, Unit 2, the west right-of-way Line of Hazel Basemore Road; (3) Thence, S 09° 19' 03" W, with the west right-of-way line of Hazel Basemore Road, the east boundary line of Lot 1A, River Ridge, Unit 2, the east boundary line of the herein described tract, a distance of 112.26' (S 09° 18' 43" W, record) to the POINT OF BEGINNING and containing 0.629 acres of land. Note: The basis of bearing was established using the Trimble VRS Network, NAD (83), Texas State Plane Coordinate System, South Central Zone, 4204, US Survey Foot, Grid. A survey plat was prepared by a separate document. This description is for zoning purposed only, and will not be used for a legal severance or conveyance of property. 1 Exhibit A 2 Exhibit A Jeff Bine RPLS #4939 Job #17-4013 0.629 AC. Date: 03-08-2017 LEGEND P.O.B. POINT OF BEGINNING O CALCULATED POINT FOUND 518" IRON ROD WITH AYELLOW O "BASS & WELSH ENG: PLASTIC CAP { } RECORD CALL PER VOLUME 67, PAGE 118 MAP RECORDS, NUECES COUNTY, TEXAS RECORD CALL PER VOLUME 68, PAGE 509 MAP RECORDS, NUECES COUNTY, TEXAS OW WATER VALVE 0- 9 UTILITY POLE WITH GUY WIRE TRANSMISSION TOWER Q UTILITY SIGN OET ELECTRIC/TELEPHONE (OVERHEAD) NOTES: 1) FIELD WORK PERFORMED ON: FEBRUARY 09. 2017 2) BASIS OF BEARING: WAS ESTABLISHED USING THE TRIMBLE VRS NETWORK, NAD83, TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, 4204. US SURVEY FOOT. GRID. 3) THIS SURVEY WAS DONE WITHOUT THE BENEFIT OF A CURRENT TITLE COMMITMENT, THEREFORE ALL SETBACKS, EASEMENTS. ENCUMBRANCES AND RESTRICTIONS MAY NOT BE SHOWN HEREON. THE SURVEYOR DID NOT COMPLETE AN ABSTRACT OF TITLE. 4) ONLY APPARENT UTILITIES WERE LOCATED. NO ATTEMPT HAS BEEN MADE A5 PART OF THIS SURVEY TO SHOW THE EXISTENCE, SIZE, DEPTH, CONDITION, OR LOCATION OF ANY UNDERGROUND UTILITY. FOR INFORMATION REGARDING UNDERGROUND UTILITIES PLEASE CONTACT THE APPROPRIATE AGENCY. 5) THIS TRACT LIES WITHIN FLOOD ZONE "X' ACCORDING TO FLOOD INSURANCE RATE MAP 4840900525E. WITH AN EFFECTIVE DATE OF NOVEMBER 04 2016. 6) THIS EXHIBIT IS FOR ZONING PURPOSES ONLY, AND WILL NOT BE USED FOR A LEGAL SEVERANCE OR CONVEYANCE OF PROPERTY. MATKIN OOVER ENGINEERING R SPENCER ROAR SUITE IRO & SURVEYING OFFICE RY1,24,060,1 FR -X.0.2,00,9 CONSTRUCTION MAN 10FRS CONSUI,NTS ZONING EXHIBIT SHOWING: 0.629 OF ONE ACRE BEING LOCATED WITHIN LOT 1A, ACCORDING TO THE REPLAT OF LOT 1A, BLOCK 1, RIVER RIDGE, UNIT 2, RECORDED IN VOLUME 68, PAGE 509, MAP RECORDS, NUECES COUNTY, TEXAS. PORTION OF LOT 1A REPLAT OF LOT 1A, BLOCK 1 RIVER RIDGE UNIT 2 VOLUME 68, PAGE 509 MAP RECORDS NUECES COUNTY, TEXAS 10' WATERLINE EASEMENT DOC. p 200d033139 S84142' 04"E ¢ I �o 244.20' 0 RIVER RIDGE UNIT VOLUME 68. PAGES 428-429 MAP RECORDS = NUECES COUNTY, TEXAS - N 0.629 OF ONE ACRE CIrr 10' WATERLINE EASEMENT DOC. 82004033139 (15' U.E) N84° 45' 49"W= (684° 42'25"95 244.19') RIVER RIDGE UNIT 3 VOLUME 68, PAGES 428-429 MAP RECORDS NUECES COUNTY. TEXAS EDGE OF PAVEMENT SCALE: 1" = 100' N N JEFF BOERNER DATE: MARCH 10, 2017 REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO. 4939 JOB N0. 17-4013 EXHIBIT FOR ZONING PURPOSES ONLY Exhibit B PLANNING COMMISSION FINAL REPORT Case No.: 0317-06 Infor No. 17ZN1007 Planning Commission Hearing Date: April 5, 2017 Applicant & Legal Description Applicant/Representative: Matkin-Hoover Engineering and Surveying Owner: Prosperity Bank Location: 3825 County Road 69 Legal Description: A 0.629 -acre tract of land out of River Ridge Unit 2, Block 1, Lot 1A, as recorded in Volume 68, Page 509, Map Records of Nueces County, Texas, located on the west side of Hazel Bazemore Parkway (County Road 69) between Northwest Boulevard (FM 624) and Riverway Drive. Zoning Request From: "RS -6" Single -Family 6 District To: "CG -2" General Commercial District Area: 0.629 acres Purpose of Request: To allow for the construction of a medical building. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single -Family 6 Vacant Mixed Use North "CG -2" General Commercial Vacant Mixed Use South "CN -1" Neighborhood Commercial Vacant Mixed Use East "RS -10" Single -Family 10 Low Density Residential Low Density Residential West "CG -2" General Commercial Commercial Mixed Use ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for Mixed uses. The proposed rezoning to the "CG -2" General Commercial is inconsistent with the Future Land Use Map, but is consistent with the Northwest Area Development Plan and Plan CC. Map No.: 067050 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 120 feet of street frontage along Hazel Bazemore Parkway which is designated as an "Al" Minor Arterial Undivided. Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Hazel"A1" BazemoreADT Minor Arterial Undivided 95' ROW 64' Paved 72' ROW 43' PavedParkway 39,530 (2015) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District to allow for the construction of a medical building. Development Plan: The subject property is comprised of 0.629 acres and part of the northern adjacent lot. It is proposed to be developed as a 7,165 square foot medical building. Existing Land Uses & Zoning: The subject property is zoned "RS -6" Single Family 6 District. The north property CG -2 General Commercial District and vacant. The west property is CG -2 General Commercial District with commercial use. The property to the south is zoned "CN -1" Neighborhood Commercial and is vacant. To the east is "RS -10" Single Family 10 district with low density residential. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property will be platted. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Northwest Area Development Plan (ADP). The proposed rezoning to the "CG -2" General Commercial District is consistent with the adopted Northwest ADP. The proposed rezoning is consistent with the following policies of the Comprehensive Plan: • 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. (Plan CC, Goal 1, Page 50). • Corpus Christi is able to attract and retain firms because of its competitive assets and supportive business environment. (Plan CC, Goal 2, Page 36). • Nodal commercial development is encouraged whereby commercial uses are concentrated at major intersections of arterials as indicated on the Future Land Use Plan (Northwest ADP, Policy Statement B.1d). Department Comments: • The proposed rezoning is compatible with PIanCC and the Northwest Area Development Plan. The proposed rezoning is harmonious with the commercial growth at the intersection of Hazel Bazemore Parkway and Northwest Boulevard Staff Report Page 3 (FM 624). The potential rezoning would not have a negative impact upon the surrounding properties and could serve the nearby residences. Planning Commission and Staff Recommendation (April 5, 2017): Approval of the change of zoning from the "RS -6" Single Family 6 District to the "CG -2" General Commercial District. Vote Results: For: 9 Opposed: 0 Absent: 0 a Notification Number of Notices Mailed — 16 within 200' notification area; 7 outside notification area As of April 11, 2017: In Favor In Opposition For 0.00% in opposition. — 0 (inside notification area); 0 (outside notification area) — 0 (inside notification area); 0 (outside notification area) Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Returned Opposition/Support (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0317-06 Matkin-Hoover Engrg & Surveying\Council Documents\0317-06 CC Report Prosperity Bank.docx C 1111 NORTHWEST BLVD �o -s-sem — 9 fi N-9 CG -2 SUBJECT PROPERTY RIVERWAYDR RIVER ROCK DR oto Feet Dare Created: 3/1 72017— Prepared By'. JeremyM Department ofDevelop mem Services CASE: 0317-06 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home flSubject Property O Owners with 200' buffer in favor 4 Owners within 200' !fisted on V/ avners attached ownership table A in opposition SUBJECT , 1 PROPERTY Fm� 16 S LOCATION MAP 1 1 = City of Corpus Christi Aerial Overview Vicinity Map Aerial Map t N AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of May 9, 2017 Second Reading for the City Council Meeting of May 16, 2017 DATE: April 21, 2017 TO: Margie C. Rose, City Manager FROM: Julio Dimas, CFM, Interim Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Urban Transportation Plan Amendment — Deletion of Delgado Street between Greenwood Drive and Castenon Street CAPTION: Ordinance amending the Urban Transportation Plan Map of MobilityCC, a transportation element of the comprehensive plan of the City of Corpus Christi (the "City"), by deleting the proposed extension of Delgado Street, between Greenwood Drive and Castenon Street; amending related elements of the comprehensive plan of the City; providing for severance; and providing for publication. PURPOSE: A "Collector" street provides access to local, other collector and arterial streets. The lowest order of "collector" street is designed to "collect" local residential street traffic and convey the traffic to strategic points on the arterial grid system. This ordinance will delete a segment of Delgado Street, a proposed Minor Residential Collector (C1, 60' ROW), from the City's Urban Transportation Plan (UTP) Map. RECOMMENDATION: The Transportation Advisory Commission, Planning Commission, and the Departments of Street Operations (Traffic Engineering), Planning, and Development Services recommend approval of this UTP amendment. BACKGROUND AND FINDINGS: The property owners of vacant private property, known as Paisley Hoffman Tract 12-D, requested to remove a proposed Minor Residential Collector street (C1, 60' ROW), which crosses their property, from the Urban Transportation Plan (UTP). The City would require the property owners to construct the road at the time their property is developed. The property is bordered by Greenwood Drive to the west, Gollihar Road to the north, and abuts Greenwood Park Unit 2 Subdivision to the south. Greenwood Park Unit 2 Subdivision abuts Trojan Drive to the south and Castenon Street to the east. Castenon Street is shown as an existing C1 collector that ties into a portion of Delgado Street. The UTP shows this extension of Delgado Street, as a C1 collector, extending through the Paisley Hoffman Tract 12-D and connecting to Greenwood Drive. The proposed extension of Delgado Street first appeared on the UTP Map in 2010. The intersection of Delgado Street with Greenwood Drive at 0.25 miles separation from the next closest major street intersection does not meet the street spacing between major intersections of 0.25 to 0.50 miles apart (per the UTP). The Staff recommendation is that Gollihar Road and Trojan Drive, both designated collector streets and being spaced at approximately 0.5 miles apart, are adequate to serve the existing and future surrounding neighborhood without Delgado Street being extended. ALTERNATIVES: 1. Approve with Conditions. 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed amendment conforms to City policy and the comprehensive plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: • Departments of Street Operations, Development Services, Planning/ESI • Transportation Advisory Commission • Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending the Urban Transportation Plan Map of MobilityCC, a transportation element of the comprehensive plan of the City of Corpus Christi (the "City"), by deleting the proposed extension of Delgado Street, between Greenwood Drive and Castenon Street; amending related elements of the comprehensive plan of the City; providing for severance; and providing for publication. WHEREAS, the Transportation Advisory Commission and Planning Commission have forwarded to the City Council their recommendations concerning this amendment to the Urban Transportation Plan Map of MobilityCC, an element of the comprehensive plan of the City of Corpus Christi, Texas (the "City"); WHEREAS, Planning Commission held a public hearing on Wednesday, December 14, 2016, regarding amendments to the Urban Transportation Plan Map, during which all interested persons were allowed to appear and be heard; WHEREAS, City Council held a public hearing on Tuesday, May 9, 2017, regarding amendments to the Urban Transportation Plan map, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that these amendments would best serve public health, necessity, and convenience, and the 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. The Urban Transportation Plan Map of MobilityCC, an element of the comprehensive plan of the City of Corpus Christi, Texas (the "Comprehensive Plan"), is amended by deleting the proposed extension of Delgado Street, which is designated as a proposed 01 Minor Residential Collector with 60 feet of right-of-way and two travel lanes, between Greenwood Drive and Castenon Street, as shown on Exhibit "A," which is attached to this ordinance and incorporated into this ordinance by reference as if fully set out in its entirety. SECTION 2. To the extent the amendments made by this ordinance represent a deviation from the comprehensive plan, the comprehensive plan is amended to conform to the amendments made by this ordinance. SECTION 3. The comprehensive plan, as amended from time to time and except as changed by this ordinance, remains in full force and effect. SECTION 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. 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 , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Mayor City Secretary Page 2 of 3 �4RR1-5-T X44 t Proposed Delgado St Removal W EST POiMi'RVJ C4.EX ap ¢Q O yr oQr *4H Ago, �� 5 .7M p;`�1 Got,` a Rf. 4 A4 a RH4k r r UTP Amendment Delgado Street Removal Exhibit A Page 3 of 3 Urban Transportation Plan Amendment Deletion of Delgado Street Between Greenwood Drive and Castenon Street City Council May 9, 2017 Location Map Proposed Amendment Proposed Amendment a�. 1 Delgado Street proposed to be deleted 4 Delgado Street (Existing) Recommendations City Staff, Transportation Advisory Commission, and Planning Commission recommend: Deletion of Delgado Street Extension between Greenwood Drive and Castenon Street AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of May 09, 2017 Second Reading Ordinance for the City Council Meeting of May 16, 2017 DATE: TO: April 24, 2017 Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police Mikema@cctexas.com 886-2605 Accepting and appropriating funds for the FY 2016 Operation Stonegarden Grant Program CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $310,000 from the State of Texas Governor's Homeland Security Grants Division for funding eligible under the FY2016 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 $310,000 in the No. 1061 Police Grants Fund. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: The purpose is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. The Police Department agrees to conduct operations designed to reduce border -security risk. Tactical operations will be conducted on a periodic basis on overtime. The grant will pay for overtime, miscellaneous equipment, vehicle maintenance, and fuel. The grant period is from February 1, 2017 — August 31, 2018. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $310,000 $310,000 BALANCE Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award documents Ordinance Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $310,000 from the State of Texas Governor's Homeland Security Grants Division for funding eligible under the FY2016 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 $310,000 in the No. 1061 Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant in the amount of $310,000 from the State of Texas Governor's Homeland Security Grants Division for funding eligible under the FY2016 Department of Homeland Security Grant Program Operation Stonegarden to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's enforcement efforts to reduce border -security risk SECTION 2. That $310,000 is appropriated in the No. 1061 Police Grants Fund. SECTION 3. In the event of loss or misuse of the Office of the Governor funds, the City of Corpus Christi assures that the funds will be returned to the Office of the Governor in full. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Mayor City Secretary Office of the Governor Page 1 of 3 *** PREVIEW - Statement of Grant Award (SOCA) - PREVIEW *** 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 ofiustice, the current applicable version of the Department ofJustice 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: Date Awarded: Grant Period: Liquidation Date: Program Fund: Grantee Name: Project Title: Grant Manager: DUNS Number: CFDA: Federal Awarding Agency: Federal Award Date: Federal/State Award ID Number: Total Federal Award/State Funds Appropriated: Pass Thru Entity Name: 3173702 PREVIEW - AWARD NOT ACTIVE 02:01°2017 - 08.312018 1:29.2018 HS -Homeland Security Grant Program (HSGP) Corpus Christi, City of Nueces-2016 OPSG Lynne Crow 069457786 Award Amount: 5310,000.00 Grantee Cash Match: $0.00 Grantee In Kind Match: $0.00 Total Project Cost: $310,000.00 97.067 - Homeland Security Grant Program (HSGP) U.S. Department of Homeland Security, Federal Emergency Management Agency 8.6.2016 EM W -2016 -SS -00056 580,593,000.00 Texas Office of the Governor - Homeland Security Grants Division (HSGD) https://egrants.gov.texas.gov/project/awardpreview.aspx?i2=1 &i 1=9&gh=8D-57-3 F-28-80... 4'24.'2017 Office of the Governor Is the Award No R&D: Page 2 of 3 The purpose of the HSGP is to support state and Local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to Federal/State the security of the United States. The HSGP provides funding to implement investments that build, Award sustain, and deliver the 31 core capabilities essential to achieving the National Preparedness Goal (the Description: Goal) of a secure and resilient Nation. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the whole community. List of Post -Award Conditions of Funding and Other Fund -Specific Requirements Condition of Funding Project Requirement Date Created Date Met Hold ProjectIt Funds Hold em Funds Other Condition of Funding. 2015 OPSG OT funds need to be exhausted before 2016 OPSG OT funds can be requested for reimbursement. 3i16 2017 Costs for vehicle fuel are allowable only for the hours officers are working on grant -paid overtime. Vehicle maintenance costs must be prorated to show the use of vehicles for regular law enforcement duties and the use of vehicles while officers are working grant -paid overtime patrols. Only actual vehicle expenses supported by invoiced gas, oil, and maintenance expenses may be reimbursed under this grant. Please retain all receipts and be prepared to make available upon request. 2'3:'2017 Operations Order Required: By participating in the OPSG, the state, local, and Tribal agencies agree to conduct operations designed to reduce border - security risk. Tactical operations will be conducted on a periodic basis meeting the criteria outlined below. Tactical operational periods are composed of six critical elements: 1) a pre -planning meeting with the IPT; 2) specified beginning and ending dates; 3) intelligence driven, with a nexus to border security; 4) use of targeted enforcement techniques; 5) clearly stated objectives; and 6) an after -action meeting. A campaign should involve several tactical operational periods. These periods require deliberate on-going planning to ensure command, staff, and unit activities synchronize to current and future operations. Please prepare and submit the next Operations Order. Fund holds on specific budget line items will be released as Operations Orders are approved. 2 3.2017 Personnel Cap Waiver: Pending approval of the Personnel Cap Waiver by the FEMA Administrator, your jurisdiction is authorized to spend up to, but must not exceed, 50 percent of the Operation Stonegarden allocation issued by FEMA. Fund holds on specific budget line items will be released upon receipt of the FEMA Administrator's approval of the Operations Order. 2:3'2017 Resolution: Applications from nonprofit corporations, Local units of governments, and other political subdivisions must submit a resolution electronically using the 'Upload' function in the eGrants system. The resolution must contain the following: 2/3; 2017 • Authorization by your governing body for the submission of the application to OOG that clearly identifies the name of the project for which funding is requested; • A commitment to provide all applicable matching funds; • A designation of the name and/or title of an authorized official who is given the authority to apply for, accept, reject, alter, or terminate a grant (Note: If a name is provided, you must update 000 should the official change during the grant period.); and https://egrants.gov.texas.gov/project/awardpreview.aspx?i2=1 &i 1=9&gh=BD-57-3F-28-80... 4`24.'2017 Office of the Governor Page 3 of 3 A written assurance that, in the event of loss or misuse of grant funds, the oveming body will return all funds to 00G. Please be advised that 000 has added a Condition of Funding (CoF) that will hold funds on a specific budget line item(s) that must be met. You can review the CoF by going to the Summary tab and Clicking on the View Condition of Funding link. Assuming all other Conditions of Funding noted on the Statement of Grant award have been met, you will be able to request reimbursement for any line item except for the one(s) with the fund hold until that fund hold is cleared. 3 16:2017 https://egrants.gov.texas.gov/project/awardpreview.aspx?i2=1&i 1=9&gh=8D-57-3F-28-80... 4/242017 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of May 9, 2017 Second Reading Ordinance for the City Council Meeting of May 16, 2017 DATE: April 28, 2017 TO: Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 361-886-2603 CAPTION: Accepting the Click It or Ticket Grant from TXDOT and appropriating funds Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $27,964.96 from the State of Texas, Department of Transportation for the FY2017 Click It Or Ticket program grant; and appropriating the $27,964.96 in the No. 1061 Police Grants Fund. PURPOSE: Accept and appropriate the grant to utilize the funds. BACKGROUND AND FINDINGS: The State of Texas, Department of Transportation is providing funding for a STEP program called Click It or Ticket (CIOT) where the Police Department will conduct an occupant protection enforcement effort during the Memorial Day Holiday, May 22, 2017 — June 4, 2017. This project will increase safety belt rates through enhanced enforcement and public information and education efforts. Officers will work on an overtime basis enforcing occupant protection laws across the City. The goal of the grant will be to issue 700 safety belt citations and 23 child safety seat citations and in turn increasing safety belt use among drivers and front seat passengers by 2%. Officers will be working on an overtime basis with the State providing 100% of eligible funding of the salaries and retirement. The City of Corpus Christi has had previous CIOT grants since 2002. ALTERNATIVES: Not accept the grant and not participate in the state wide CIOT campaign. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Adheres to all city policies. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: Operating Expense Fiscal Year: 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $27,964.96 $27,964.96 BALANCE Fund(s): Police Grants Fund Comments: RECOMMENDATION: Accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Award Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $27,964.96 from the State of Texas, Department of Transportation for the FY2017 Click It or Ticket program grant; and appropriating the $27,964.96 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 in the amount of $27,964.96 for the FY2017 Click It or Ticket program grant. SECTION 2. That $27,964.96 from the Texas Department of Transportation is appropriated in the No. 1061 Police Grants Fund for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of May 9, 2017 Second Reading Ordinance for the City Council Meeting of May 16, 2017 DATE: TO: April 7, 2017 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 (PNEP) Grant in the amount of $201,123.00, and appropriation of the funds for the contract period July 1, 2017 through June 30, 2018 CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Community Preparedness Section – Laboratory Response Network – Public Health Emergency Preparedness (CPS-LRN-PREP) grant in the amount of $201,123.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund, to provide continued emergency preparedness and response laboratory activities for the contract period July 1, 2017, through June 30, 2018. 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 contract in the amount of $201,123.00 to maintain the LRN laboratory activities within the Corpus Christi-Nueces County Public Health District beginning July 1, 2017 through June 30, 2018 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 FINANCIAL IMPACT: ❑ Not Applicable X Operating Expense X Revenue ❑ CIP FISCAL YEAR: 2017-2018 Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget Encumbered/Expended Amount This item $201,123.00 $201,123.00 BALANCE $201,123.00 $201,123.00 FUND(S) Grant Comments: No fiscal impact to General Fund. Grant award of $201,123 requires a 10% ($20,112.00) indirect in-kind match. RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency. This item requires two readings and ratification of the grant contract to begin July 1,2017. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. LIST OF SUPPORTING DOCUMENTS: Contract No. 537-18-0147-00001 Ordinance Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate 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, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund, to provide continued emergency preparedness and response laboratory activities for the contract period July 1, 2017, through June 30, 2018. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: The City Manager or designee is authorized to execute all documents necessary to accept and appropriate a total grant amount of $201,123.00, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the contract period of July 1, 2017, through June 30, 2018, to provide continued emergency preparedness laboratory services. Section 2: The City Manager or designee is authorized to execute any future amendments to the grant contract which extend the contract period or increase or decrease the amount of the grant. Section 3: 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 , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED, this the day of 2017. ATTEST: Rebecca Huerta City Secretary Mayor DocuSign Envelope ID C344C4B8-26E6-4DF8-ABED-D5ADF793B58B SIGNATURE DOCUMENT FOR DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No. 537-18-0147-00001 UNDER THE PUBLIC HEALTH EMERGENCY PREPAREDNESS (PHEP) COOPERATIVE AGREEMENT GRANT PROGRAM I. PURPOSE The Department of State Health Services ("System Agency") a pass-through entity and Corpus Christi-Nueces County Public Health District (City) ("Grantee") (each a "Party" and collectively the "Parties") enter into the following grant contract to provide funding for Level 3 chemical laboratory surge capacity activities (the "Contract"). II. LEGAL AUTHORITY This Contract is authorized by and in compliance with the provisions of Texas Government Code Chapter 791 or 771, as applicable. II. DURATION The Contract is effective on July 1, 2017 and terminates on June 30, 2018, unless renewed or terminated pursuant to the terms and conditions of the Contract. The System Agency, at its own discretion, may extend this Contract subject to terms and conditions mutually agreeable to both Parties. III. BUDGET The total amount of this Contract will not exceed Two HUNDRED ONE THOUSAND ONE HUNDRED TWENTY-THREE DOLLARS (S201,123.00), All expenditures under the Contract will be in accordance with ATTACHMENT B, BUDGET. IV. CONTRACT REPRESENTATIVES The following will act as the Representative authorized to administer activities under this Contract on behalf of their respective Party. System Aeencv Department of State Health Services 1100 W. 49111 Street, MC 1990 Austin Texas 78756 Attention: Deserie Burrell Deserie.burrell(a dshsstate.tx.us v. 11.15.2016 System Agency Contract No. 537-18-0147-00001 Page 1 or3 DocuSign Envelope ID C344C4B8-26E6-4DF8-ABED-D5ADF793B58B Grantee Corpus Christi-Nueces County Public Health District (City) 1702 Horne Road Corpus Christi, Texas 78416 Attention: Margie Rose margierrcctexas.com V. LEGAL NOTICES Any legal notice required under this Contract shall be deemed delivered when deposited by the System Agency either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required, to the appropriate address below: System Aeencv Department of State Health Services Attention: Lisa Hernandez 1100 W. 49th Street, MC 1911 Austin, TX 78756 Grantee Corpus Christi-Nueces County Public Health District (City) 1702 Home Road Corpus Christi, Texas 78416 Attention: Margie Rose margiena ' cc texas.com Notice given by Grantee will be deemed effective when received by the System Agency. Either Party may change its address for notice by written notice to the other Party. VI. ADDITIONAL GRANT INFORMATION Federal Award Identification Number (FAIN): To Be Determined Federal Award Date: July 1, 2017 Name of Federal Awarding Agency: Centers for Disease Control and Prevention CFDA Name and Number: Federal, 93.074 Awarding Official Contact Information: To Be Determined DUNS: 069457786 In accordance with 2 CFR 200.331(A), if any of the above information is not available at time of contract execution, then it will be provided to the Grantee by a Technical Guidance Letter. v. 02.01.2016 SIGNATURE PAGE FOLLOWS System Agency Contract No. 537-18-0147-00001 Page 2 of 3 DocuSign Envelope ID C344C4B8-26E6-4DF8-ABED-D5ADF793B58B SIGNATURE PAGE FOR SYSTEM AGENCY CONTRACT No. 537-18-0147-00001 DEPARTMENT OF STATE HEALTH SERVICES David Gruber Associate Commissioner Date of execution: CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) Name: Title: Date of execution: THE FOLLOWING ATTACHMENTS TO SYSTEM AGENCY CONTRACT No. 537-18-0147- 00001 ARE HEREBY INCORPORATED BY REFERENCE: ATTACHMENT A - ATTACHMENT B - ATTACHMENT C - ATTACHMENT D - ATTACHMENT E - ATTACHMENT F - STATEMENT OF WORK BUDGET UNIFORM TERMS AND CONDITIONS SUPPLEMENTAL & SPECIAL CONDITIONS FEDERAL ASSURANCES AND CERTIFICATIONS FFATA DocuSign Envelope ID: C344C4B8-26E6-40F8-ABED-D5ADF793B58B ATTACHMENT A STATEMENT OF WORK I. GRANTEE RESPONSIBILITIES Grantee will: A. Perform activities in support of the Public Health Emergency Preparedness Cooperative Agreement and the Office of the Assistant Secretary for Preparedness and Response (OASPR) from the Centers for Disease Control and Prevention (CDC). Activities include but are not limited to: continuing Level 3 chemical laboratory surge capacity activities; complying with new Laboratory Readiness Network (LRN) requirements for biological laboratories; coordinating with cross -cutting public health preparedness partners, and analyzing real-time clinical specimens. 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. B. Perform activities in the following counties (hereinafter referred to as the "service area"): San Patricio County, Nueces County, Aransas County, Jim Wells County, Kleberg County, Victoria County, Bee County, Calhoun County, Goliad County, Jackson County, Live Oak County, and Refugio County. C. 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. D. Provide matching funds for each fiscal year of this Contract not less than ten percent (I0%) of the allocation amount for each fiscal year. Cash match is defined as an expenditure of cash by the Grantee on allowable costs of this Contract that are borne by the Grantee. 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 Grantee. The criteria for match must: 1. Be an allowable cost under the applicable federal cost principle; 2. Be necessary and reasonable for the efficient accomplishment of project or program objectives; 3. Be verifiable within the Grantee's (or subcontractor's) records; 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 per fiscal year); 6. Not be paid by the Federal Government under another award, except where System Agency Contract No. 537-18-0147-00001 v. 11.15.2016 Page I DocuSign Envelope ID C344C4B8-26E6-4DF8-ABEO-D5ADF793B58B ATTACHMENT A STATEMENT OF WORK 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 andfor services during the Contract term. Grantee must match funds awarded for this Contract 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. Thecosts that the Grantee 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. E. Notify System Agency in advance of Grantee's plans to participate in or conduct local exercises, in a format specified by System Agency. Grantee will participate in statewide exercises planned by System Agency as needed to assess the capacity of Grantee to respond to bioterrorism, other outbreaks of infectious disease, and other public health threats and emergencies. Grantee will prepare after -action reports, documenting and correcting any identified gaps or weaknesses in preparedness plans identified during exercise, in a form specified by System Agency. F. Cooperate with System Agency 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. G. In the event of a public health emergency involving a portion of the state, Grantee 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 System Agency. H. 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 I. Maintain a confirmatory bioterrorism testing laboratory with a staff trained and proficient in CDC's LRN biothreat protocols. SystemAgency Contract No. 537-18-0147-00001 v- 11.15.2016 Page 2 DocuSign Envelope ID: C344C4B8-26E6-4DF8-ABED-D5ADF793658B ATTACHMENT A STATEMENT OF WORK J. Train other Grantee laboratory staff in setting up and performing all diagnostic and reference testing for select biological agents; K. Provide test samples from identified service area for biothreat agents and toxins. Once biological agent is identified, Grantee will be prepared to test for other infectious agents and for other public health threats and emergencies; L. Test food samples for select biological agents using conventional and advanced bacteriological techniques and CDC-LRN protocols; M. Monitor and evaluate biothreat incidents, outbreaks of infectious disease and other public health threats and emergencies; N. Communicate with all other laboratories within the designated service area; O. Maintain extensive collaboration with local law enforcement, hazardous material and other emergency responders. In addition, Grantee will prepare Standard Operating Procedures and Standard Operating Guidelines (SOPs/SOGs) covering interaction with these agencies in the event of an emergency or incident; P. Maintain extensive collaboration with alI 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.texas.Rov/labkorLRN.shtm Q. Review and approve all current preparedness SOPs/SOGs (copy of the titled, dated, and initialed/signed review sheet) for use by the respective laboratories with quarterly reports; R. Utilize System Agency'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; S. Prepare/provide current information during an incident about status on individual samples, sample load/overload, personnel, reagent, equipment, and facilities; T. Provide to System Agency a LRN surge capability plan within a timeline designated by System Agency 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. U. 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; V. Maintain a system for safe specimen transport from local laboratories; System Agency Contract No. 537-18-0147-00001 v. 11.15.2016 Page 3 DocuSign Envelope ID. C344C4B8-26E6-4DF8.ABEo-D5ADF793B58B ATTACHMENT A STATEMENT OF WORK W. Explore the capabilities and needs of sentinel laboratories; X. Inform System Agency of their plans, via e-mail or telephone, to meet updated LRN-B program requirements for Standard reference level laboratories as outlined in the Funding Opportunity Announcement FOA; Y. Provide programmatic reports as directed by System Agency in a format specified by System Agency. Grantee will provide System Agency other reports, including financial reports, and any other reports that System Agency determines necessary to accomplish the objectives of this contract and to monitor compliance; Z. Submit an end -of -year performance report in a format specified by System Agency within an established timeframe designated by System Agency; AA. Report as requested by System Agency to satisfy information -sharing Requirements set forth in Texas Government Code, Sections 421.071 and 421.072 (b) and (c), as amended. Grantee shall immediately notify System Agency in writing if Grantee is legally prohibited from providing any reports required under this Contract. BB. In the event of a local, state, or federal emergency the Grantee has the authority to utilize approximately five percent (5%) of the Grantee's staff's time supporting this Contract for response efforts. System Agency will reimburse Grantee up to five percent of this Contract funded by CDC for personnel costs responding to an emergency event. Grantee 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. Grantee will notify the Assigned Contract Manager in writing when this provision is implemented. CC. For the purposes of this Contract, the Grantee 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. DD. Comply with all applicable federal and state laws, rules, and regulations including, but not limited to, the following: 1. Public Law 107-188, Public Health Security and Bioterrorism Preparedness and Response Act of 2002: 2. Public Law 113-05, Pandemic and All -Hazards Preparedness Reauthorization Act; and 3. Texas Health and Safety Code Chapter 81. System Agency Contract No. 537-18-0147-00001 v. 11.15.2016 Page 4 DocuSign Envelope ID. C344C4B9-26E6-4DF6-ABEo-D5ADF793B58B ATTACHMENT A STATEMENT OF WORK EE. Comply with the following documents and resources, which are incorporated by reference and made a part of this Contract: 1. System Agency and CDC Public Health Emergency Preparedness Cooperative Agreement; 2. Public Health Preparedness Capabilities: National Standards for State and Local Planning, March 2011: http:+?www.cdc.gov.'phpr.'capabilitiesDSLR capabilities Julv.pdf; 3. Presidential Policy Directive 8/PPD-8, March 30, 2011: http://www.hlswatch.com. wp-contentluploads/2011104/PPD-8-Preparedness_pdf: 4. Homeland Security Exercise and Evaluation Plan (HSEEP) Documents: https://www.prentoolkit.org/web/hseep-resources 5. Ready or Not? Have a Plan; Surviving Disaster: How Texans Prepare (videos): http://www.texasprepares,org/survivingdisaster.htm; 6. Preparedness Program Guidance(s) as provided by System Agency and CDC; and 7. FY2017 Office of the Assistant Secretary for Preparedness and Response (OASPR) Hospital Preparedness Program — CFDA Number 93.074 http://www.phe.gov/preparedness:planninWhppipages/default.aspx. II. PERFORMANCE MEASURES A. System Agency will monitor the Grantee's compliance with the requirements in this Contract and failure to meet these requirements may result in withholding a portion of the current PHEP base awards. B. Grantee must demonstrate adherence to reporting deadlines and the capability to receive, stage, store, distribute and dispense materiel during a public health emergency. The initial reporting requirement schedule for the requirements are subject to change as System Agency and CDC may modify requirements and due dates. System Agency will send a requirements schedule within thirty (30) days of the contract start date. III.INVOICE AND PAYMENT A. Grantee will request monthly payment using the Excel version of the State of Texas Purchase Voucher (Form B-13) and Support Document including any acceptable additional supporting documentation for reimbursement of the required services.'deliverables. Additionally, the Grantee will submit the Excel version of the Financial Status Report (FSR -269A). Vouchers, supporting documentation and Financial Status Reports should be mailed or e-mailed to the addresses below. Claims Processing Unit, MC 1 940 Texas Department of State Health Services 1 100 West 49th Street PO Box 149347 System Agency Contract No. 537-18-0147-00001 v. 11.15.2016 Page 5 DocuSign Envelope ID. C344C4B8-26E6-4DF8-ABED-D5ADF793B58B ATTACHMENT A STATEMENT OF WORK Austin, TX 78714-9347 B-13: invoices a dshs.state.tx.us and php.vouchersupport@dshs.state.tx.us Support Document: invoices@dshs.state.tx_us and php.vouchersupport@dshs.state.tx.us B -13A: invoices@dshs.state.tx.us and php.vouchersupport@dshs.state.tx.us FSR: invoices@dshs.state.tx.us and php.vouchersupport@dshs.state.tx.us dshs.state.tx.us and FSRGrants@dshs.state.tx.us B. Grantee will be reimbursed on a monthly basis and in accordance with the Budget in Attachment 13 of this Contract. C. System Agency reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. System Agency will monitor Grantee's expenditures on a quarterly basis. If expenditures are below that projected in Grantee's total Contract amount, Grantee'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. D. Grantee may request a one-time working capital advance not to exceed 12% of the total amount of the Contract funded by System Agency. 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 System Agency. Grantee will repay alI or part of advance funds at any time during the Contract's term. However, lithe advance has not been repaid prior to the last three months of the Contract term, the Grantee 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, System Agency will reduce the reimbursement request by one-third of the remaining balance of the advance. System Agency Contract No. 537-18-0147-00001 v. 11.15.2016 page 6 DocuSign Envelope ID C344C4B8-26E6-4DF8-ABEO-D5ADF793B58B ATTACHMENT B BUDGET Budget Categories FY18 Budget Summary Personnel $96,660.00 Fringe Benefits $39,940.00 Travel $14,096.00 Equipment $0.00 Supplies $19,567.00 Contractual $0.00 Other $50,973.00 Sum of Direct Costs $221,236.00 Indirect Costs $0.00 Sum of Total Direct Costs and Indirect Costs $221,236.00 Less Match (Cash or In -Kind) $20,113.00 TOTAL $201,123.00 DocuSign Envelope ID C344C4B8-26E6-4DF8-ABEO-D5ADF793B58B HHSC Uniform Terms and Conditions Version 2.13 Published and Effective: July 15, 2016 Responsible Office: Chief Counsel tTEXAS IlikrHealth and Human Seryices Commission Health and Human Services Commission HHSC Uniform Terms and Conditions - Grant Version 2.13 DocuS+gn Envelope ID. C344C488-26E6-4DFB-ABED-O5ADF793B58B TABLE OF CONTENTS ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS 4 1,01 Definitions ,.. ............y ........... ... ..................... 4 1,02 Interpretive Provisions 5 ARTICLE II Payment Methods and Restrictions 6 2,01 Payment Pvlettiods 6 2.02 Final Bi[Iing Submission 6 2,03 Financial Status Reports (FSRs) 7 2,04 Debt to State and Corporate Status .................................................... ........ ....... ......-7 2.05 Application of Payment Rue 7 2.06 Use of Funds 7 2.07 Use for Match Prohibited.....,, „ .................... 7 2.08 Programa Income . 7 2.09 Nonsupplaraing 8 ARTICLE III. STATE AND FEDERAL FUNDING - g 3.01 Funding 8 3.02 No debt Against the Stale 3,03 Debi. to State 8 3.04 Recapture of Funds g ARTICLE IV Allowable Costs and Audit Requirements.......----. 9 4,01 Allowable Costs. , 9 4.02 Independent Single or Program -Specific Audis 10 4.03 Submission of Audit I 0 Article V AFFIRMATIONS, ASSURANCES AND CERTIFICATIONS .. 11 5-01 General Affirmations 11 5.02 Federal Assurances ..................... ........ 4...,.............,..a.a11 5.03 Federal Certifications I I ARTICLE VI OWNERSHIP AND INTELLECTUAL PROPERTY ....,.......... 11 .01 Ownership ._ i 1 6.02 Intellectual Property ..................,. 11 ARTICLE VII RECORDS, AUDIT, AND DISCLOSUR.IE....,,. 11 7.01 Rooks and Records 11 7.02 Ams to records, books, and documents 12 Grantee Uniform Terms end Conditions Paget of 19 DocuSign Envelope ID: C344C4B8-26E6-4DR3-ABEO-D5ADF79313513B 7,03 Responseicotripliance with audit or inspection findings......_ ........ _ ... . .. ............ „. 12 7.04 SAO Audit 12 7,05 Confidentiality . 13 7.06 Public Information Act 13 ARTICLE VIII CONTRACT MANAGEMENT AND EARLY TERMINATION ........ 13 8.01 Contract Management .... ... ........ ... — 13 8.02 Termination for Convenience 13 8.03 Termination for Cause 13 8.04 Equitable Settlement 14 ARTICLE IX MISCELLANEOUS PROVISIONS 14 9.01 Amendment ...... ...... .. _...„.„, ........ ..... „_ ............ ....... .... 14 9.02 Insurance 14 9.03 Legal Obligations 14 9.04 Permitting and Licensure 14 9.05 Indemnity 15 9.06 Assignments 15 9,07 Relationship of the Parties 15 9.08 Technical Guidance tellers 16 9.09 Governing Law and Venue . 16 9.11 Survivability 16 9.12 Force fvlajeure „. ....... ...... ......... .... . . „ 17 9,13 No Waiver of Provisions 17 9,14 Publicity 17 9.15 Prohibition on Non -compete Restrictions 17 9.16 No Waiver of Sovereign Immunity 17 9.17 Entire Contract and Modification 17 9.18 Counterparts 17 9.19 Proper Authority 18 9.20 Employment Verification 18 9.21 Civil Rights 18 v GEMLG Grantee Uniform Terms and Conditions Page 3 of 19 DocuSign Envelope ID C344C4B8-26E6.4DF8-ABED-D5ADF793B58B ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS 1.01 Definitions As used in this Contract, unless the context clearly indicates otherwise, the following terms and conditions have the meanings assigned below: "Amendment" means a written agreement, signed by the parties hereto, which documents changes to the Contract other than those permitted by Work Orders or Technical Guidance Letters, as herein defined. "Attachment" means documents, terms, conditions, or additional information physically added to this Contract following the Signature Document or included by reference, as if physically, within the body of this Contract. "Contract" means the Signature Document, these Uniform Terms and Conditions, along with any Attachments, and any Amendments, or Technical Guidance Letters that may be issued by the System Agency, to be incorporated by reference herein for all purposes if issued. "Deliverable" means a work product prepared, developed, or procured by Grantee as part of the Services under the Contract for the use or benefit of the System Agency or the State of Texas. "Effective Date" means the date agreed to by the Parties as the date on which the Contract takes effect. "System Agency" means HHSC or any of the agencies of the State of Texas that are overseen by HHSC under authority granted under State law and the officers, employees, and designees of those agencies. These agencies include: the Department of Aging and Disability Services, the Department of Assistive and Rehabilitative Services, the Department of Family and Protective Services, and the Department of State Health Services. "Federal Fiscal Year" means the period beginning October 1 and ending September 30 each year, which is the annual accounting period for the United States government. "GAAP" means Generally Accepted Accounting Principles. "GASB" means the Governmental Accounting Standards Board. "Grantee" means the Party receiving funds under this Contract, if any, "Health and Human Services Commission" or "HHSC" means the administrative agency established under Chapter 531, Texas Government Code or its designee. "HUB" means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code. "Intellectual Property" means inventions and business processes, whether or not patentable; works of authorship; trade secrets; trademarks; service marks; industrial designs, and creations r 06 03 16 Grantee Uniform Terms and Conditions Page 4 of 19 DocuSIgn Envelope ID. C344C488-26E6-4DFB-ABEo-D5ADF793B58B that are subject to potential legal protection incorporated in any Deliverable and first created or developed by Grantee, Grantee's contractor or a subcontractor in performing the Project. "Mentor Protege" means the Comptroller of Public Accounts' Ieadership program found at: http a/www. window.state. tx. us/procurement/prog/hublmentorprotegel . "Parties" means the System Agency and Grantee, collectively. "Party" means either the System Agency or Grantee, individually. "Program" means the statutorily authorized activities of the System Agency under which this Contract has been awarded. "Project" means specific activities of the Grantee that are supported by funds provided under this Contract. "Public Information Act" or "PIA" means Chapter 552 of the Texas Government Code. "Statement of Work" means the description of activities performed in completing the Project, as specified in the Contract and as may be amended. "Signature Document" means the document executed by both Parties that specifically sets forth all of the documents that constitute the Contract. "Solicitation" means the document issued by the System Agency under which applications for Program funds were requested, which is incorporated herein by reference for all purposes in its entirety, including all Amendments and Attachments. "Solicitation Response" means Grantee's full and complete response to the Solicitation, which is incorporated herein by reference for all purposes in its entirety, including any Attachments and addenda. "State Fiscal Year" means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas, "State of Texas Tertravel" means Texas Administrative Code, Title 34, Part I, Chapter 5, Subchapter C, Section 5.22, relative to travel reimbursements under this Contract, if any. "Technical Guidance Letter" or "TGL" means an instruction, clarification, or interpretation of the requirements of the Contract, issued by the System Agency to the Grantee. 1.02 Interpretive Provisions a. The meanings of defined terms are equally applicable to the singular and plural forms of the defined terms. b. The words "hereof," "herein," "hereunder," and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified_ c. The term "including" is not limiting and means "including without limitation" and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent v, 06.03.16 Grantee Uniform Terms and Conditions Page 5 of 19 DocuSign Envelope ID C344C4B8-26E6-4DF8-ABEo-D5ADF793B588 Amendments and other modifications thereto, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. d. Any references to "sections," "appendices," or "attachments" are references to sections, appendices, or attachments of the Contract. e. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract. f The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract. g. All Attachments within this Contract, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. h. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each will be performed in accordance with its terms. i. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase "in its sole discretion." J. Time is of the essence in this Contract. ARTICLE II PAYMENT METHODS AND RESTRICTIONS 2.01 Payment Methods Except as otherwise provided by the provisions of the Contract, the payment method will be one or more of the following: a. cost reimbursement. This payment method is based on an approved budget and submission of a request for reimbursement of expenses Grantee has incurred at the time of the request; b. unit rate/fee-for-service. This payment method is based on a fixed price or a specified rate(s) or fee(s) for delivery of a specified unit(s) of service and acceptable submission of all required documentation, forms and/or reports; or c. advance payment. This payment method is based on disbursal of the minimum necessary funds to carry out the Program or Project where the Grantee has implemented appropriate safeguards. This payment method will only be utilized in accordance with governing law and at the sole discretion of the System Agency. Grantees shall bill the System Agency in accordance with the Contract. Unless otherwise specified in the Contract, Grantee shall submit requests for reimbursement or payment monthly by the last business day of the month following the month in which expenses were incurred or services provided. Grantee shall maintain all documentation that substantiates invoices and make the documentation available to the System Agency upon request. 2.02 Final Billing Submission Unless otherwise provided by the System Agency, Grantee shall submit a reimbursement or payment request as a final close-out invoice not later than forty-five (45) calendar days following 1. 06 03 16 Grantee Uniform Terms and Conditions Page 6 of 19 DocuSign Envelope ID: C344C4B8-26E6-4DF8-ABED-D5ADF793B58B the end of the term of the Contract. Reimbursement or payment requests received in the System Agency's offices more than forty-five (45) calendar days following the termination of the Contract may not be paid. 2.03 Financial Status Reports (FSRs) Except as otherwise provided in these General Provisions or in the terms of any Program Attachment(s) that is incorporated into the Contract, for contracts with categorical budgets, Grantee shall submit quarterly FSRs to Accounts Payable by the last business day of the month following the end of each quarter of the Program Attachment term for System Agency review and financial assessment. Grantee shall submit the final FSR no later than forty-five (45) calendar days following the end of the applicable term. 2.04 Debt to State and Corporate Status Pursuant to Tex. Gov. Code § 403.055, the Department will not approve and the State Comptroller will not issue payment to Grantee if Grantee is indebted to the State for any reason, including a tax delinquency. Grantee, if a corporation, certifies by execution of this Contract that it is current and will remain current in its payment of franchise taxes to the State of Texas or that it is exempt from payment of franchise taxes under Texas law (Tex. Tax Code §§ 171.001 et seq.). If tax payments become delinquent during the Contract term, all or part of the payments under this Contract may be withheld until Grantee's delinquent tax is paid in full. 2.05 Application of Payment Due Grantee agrees that any payments due under this Contract will be applied towards any debt of Grantee, including but not Limited to delinquent taxes and child support that is owed to the State of Texas. 2.06 Use of Funds Grantee shall expend funds provided under this Contract only for the provision of approved services and for reasonable and allowable expenses directly related to those services. 2.07 Use for Match Prohibited Grantee shall not use funds provided under this Contract for matching purposes in securing other funding without the written approval of the System Agency. 2.08 Program Income Income directly generated from funds provided under this Contract or earned only as a result of such funds is Program Income. Unless otherwise required under the Program, Grantee shall use the addition alternative, as provided in UGMS § _.25(g)(2), for the use of Project income to further the Program, and Grantee shall spend the Program Income on the Project. Grantee shall identify and report this income in accordance with the Contract, applicable law, and any programmatic guidance. Grantee shall expend Program Income during the Contract term and may not carry Program Income forward to any succeeding term. Grantee shall refund program income to the System Agency if the Program Income is not expended in the term in which it is earned. The System Agency may base future funding IeveIs, in part, upon Grantee'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. 06.03.16 Grantee Uniform Terms and Conditions Page 7 of 19 DocuSign Envelope ID. C344C4BB-26E6-4DF8-ABED-D5ADF793B58B 2.09 Nonsupplanting Grantee shall not use funds from this Contract to replace or substitute for existing funding from other but shall use funds from this Contract to supplement existing state or local funds currently available. Grantee shall make a good faith effort to maintain its current level of support. Grantee may be required to submit documentation substantiating that a reduction in state or local funding, if any, resulted for reasons other than receipt or expected receipt of funding under this Contract. ARTICLE III. STATE AND FEDERAL FUNDING 3.01 Funding This Contract is contingent upon the availability of sufficient and adequate funds. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or agencies, amendment of the Texas General Appropriations Act, agency consolidation, or any other disruptions of current funding for this Contract, the System Agency may restrict, reduce, or terminate funding under this Contract. This Contract is also subject to immediate cancellation or termination, without penalty to the System Agency, if sufficient and adequate funds are not available. Grantee will have no right of action against the System Agency if the System Agency cannot perform its obligations under this Contract as a result of lack of funding for any activities or functions contained within the scope of this Contract. In the event of cancellation or termination under this Section, the System Agency will not be required to give notice and will not be liable for any damages or losses caused or associated with such termination or cancellation. 3.02 No debt Against the State The Contract will not be construed as creating any debt by or on behalf of the State of Texas. 3.03 Debt to State If a payment law prohibits the Texas Comptroller of Public Accounts from making a payment, the Grantee acknowledges the System Agency's payments under the Contract will be applied toward eliminating the debt or delinquency. This requirement specifically applies to any debt or delinquency, regardless of when it arises. 3.04 Recapture of Funds The System Agency may withhold all or part of any payments to Grantee to offset overpayments made to the Grantee. Overpayments as used in this Section include payments (i) made by the System Agency that exceed the maximum allowable rates; (ii) that are not allowed under applicable laws, rules, or regulations; or (iii) that are otherwise inconsistent with this Contract, including any unapproved expenditures. Grantee understands and agrees that it will be liable to the System Agency for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this Contract. Grantee further understands and agrees that reimbursement of such disallowed costs will be paid by Grantee from funds which were not provided or otherwise made available to Grantee under this Contract. Grantee Uniform Terms and Conditions Page 8 of 19 DocuSign Envelope ID: C344C4B8-26E6-4DF8-ABEo-D5ADF793B58B ARTICLE IV ALLOWABLE COSTS AND AUDIT REQUIREMENTS 4.01 Allowable Costs. System Agency will reimburse the allowable costs incurred in performing the Project that are sufficiently documented. Grantee must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Contract. The System Agency will determine whether costs submitted by Grantee are allowable and eligible for reimbursement_ If the System Agency has paid funds to Grantee for unallowable or ineligible costs, the System Agency will notify Grantee in writing, and Grantee shall return the funds to the System Agency within thirty (30) calendar days of the date of this written notice. The System Agency may withhold all or part of any payments to Grantee to offset reimbursement for any unallowable or ineligible expenditure that Grantee has not refunded to the System Agency, or if financial status report(s) required under the Financial Status Reports section are not submitted by the due date(s). The System Agency may take repayment (recoup) from funds available under this Contract in amounts necessary to fulfill Grantee's repayment obligations. Applicable cost principles, audit requirements, and administrative requirements include - Applicable Entity State, Local and Tribal Governments Educational Institutions Non -Profit Organizations For-profit Organization other than a hospital and an organization named in OMB Circular A-122 (2 CFR Part, 230) as not subject to that circular. ULM 16 Applicable Cost Principles 2 CFR, Part 225 2 CFR, Part 220 2 CFR, Part 230 48 CFR Part 31, Contract Cost Principles Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal or state awarding agency Audit Requirements 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200, Subpart F and UGMS Grantee t.°niform Terms and Conditions Page 9 of 19 Administrative Requirements 2 CFR Part 200 and UGMS 2 CFR Part 200 and UGMS 2 CFR Part 200 and UGMS 2 CFR Part 200 and UGMS DocuSign Envelope ID: C344C4B8-26E6.4DF8-ABED-D5ADF793B58B 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. 4.02 Independent Single or Program -Specific Audit If Grantee, within Grantee's fiscal year, expends a total amount of at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) in federal funds awarded, Grantee shall have a single audit or program -specific audit in accordance with the 2 CFR 200. The $750,000 federal threshold amount includes federal funds passed through by way of state agency awards. If Grantee, within Grantee's fiscal year, expends a total amount of at least $750,000 in state funds awarded, Grantee must have a single audit or program -specific audit in accordance with UGMS. State of Texas Single Audit Circular. For-profit Grantees whose expenditures meet or exceed the federal or state expenditure thresholds stated above shall follow the guidelines in 2 CFR 200 or UGMS, as applicable, for their program -specific audits. The HHSC Office of Inspector General (OIG) will notify Grantee to complete the Single Audit Status Registration Form. If Grantee fails to complete the Single Audit Status Form within thirty (30) calendar days after notification by OIG to do so, Grantee shall be subject to the System Agency sanctions and remedies for non-compliance with this Contract. The audit must be conducted by an independent certified public accountant and in accordance with applicable OMB Circulars, Government Auditing Standards, and UGMS, Grantee shall procure audit services in compliance with this section, state procurement procedures, as well as with the provisions of UGMS 4.03 Submission of Audit Within thirty (30) calendar days of receipt of the audit reports required by the Independent Single or Program -Specific Audit section, Grantee shall submit one copy to the System Agency as directed in this Contract, The Grantee will also submit a copy of the Independent Single or Program -Specific Audit to the OIG, at the following address: 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 OIG should be addressed as follows: Dani.fielding q hhsc.state.tx_us If Grantee 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 Grantee of an audit report, Grantee shall be subject to the System Agency sanctions and remedies for non-compliance with this Contract. 46 01.16 Grantee Uniform Terms and Conditions Page 10 of 19 DocuSign Envelope ID. C344C4B8-26E6.4DF8-ABEO-D5ADF793B58B ARTICLE V AFFIRMATIONS, ASSURANCES AND CERTIFICATIONS 5.01 General Affirmations Grantee certifies that, to the extent General Affirmations are incorporated into the Contract under the Signature Document, the General Affirmations have been reviewed and that Grantee is in compliance with each of the requirements reflected therein. 5.02 Federal Assurances Grantee further certifies that, to the extent Federal Assurances are incorporated into the Contract under the Signature Document, the Federal Assurances have been reviewed and that Grantee is in compliance with each of the requirements reflected therein. 5.03 Federal Certifications Grantee further certifies, to the extent Federal Certifications are incorporated into the Contract under the Signature Document, that the Federal Certifications have been reviewed, and that Grantee is in compliance with each of the requirements reflected therein. In addition, Grantee certifies that it is in compliance with all applicable federal laws, rules, or regulations, as they may pertain to this Contract. ARTICLE VI OWNERSHIP AND INTELLECTUAL PROPERTY 6.01 Ownership The System Agency will own, and Grantee hereby assigns to the System Agency, all right, title, and interest in all Deliverables. 6.02 Intellectual Property a. The System Agency and Grantee will retain ownership, all rights, title, and interest in and to, their respective pre-existing Intellectual Property. A license to either Party's pre-existing Intellectual Property must be agreed to under this or another contract_ b. Grantee grants to the System Agency and the State of Texas a royalty -free, paid up, worldwide, perpetual, non-exclusive, non -transferable license to use any Intellectual Property invented or created by Grantee, Grantee's contractor, or a subcontractor in the performance of the Project. Grantee will require its contractors to grant such a license under its contracts. ARTICLE VII RECORDS, AUDIT, AND DISCLOSURE 7.01 Books and Records Grantee will keep and maintain under GAAP or GASB, as applicable, full, true, and complete records necessary to fully disclose to the System Agency, the Texas State Auditor's Office, the United States Government, and their authorized representatives sufficient information to determine compliance with the terms and conditions of this Contract and all state and federal rules, regulations, and statutes. Unless otherwise specified in this Contract, Grantee will maintain legible copies of this Contract and all related documents for a minimum of seven (7) years after the termination of the contract period or seven (7) years after the completion of any litigation or dispute involving the Contract, whichever is later. 06.0116 Granter Uniform Terms and Conditions Page 11 of 19 DocuSign Envelope ID. C344C4B8-26E6-40F8-ABEO-D5ADF793B58B 7.02 Access to records, books, and documents In addition to any right of access arising by operation of law, Grantee and any of Grantee's affiliate or subsidiary organizations, or Subcontractors will permit the System Agency or any of its duly authorized representatives, as well as duly authorized federal, state or local authorities, unrestricted access to and the right to examine any site where business is conducted or 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 the Contract includes federal funds, federal agencies that will have a right of access to records as described in this section include: the federal agency providing the funds, the Comptroller General of the United States, the General Accounting Office, the Office of the Inspector General, and any of their authorized representatives. In addition, agencies of the State of Texas that will have a right of access to records as described in this section include: the System Agency, HHSC, HHSC's contracted examiners, the State Auditor's Office, the Texas Attomey General's Office, and any successor agencies. Each of these entities may be a duly authorized authority. If deemed necessary by the System Agency or any duly authorized authority, for the purpose of investigation or hearing, Grantee will produce original documents related to this Contract. The System Agency and any duly authorized authority will have the right to audit billings both before and after payment, and all documentation that substantiates the billings. Grantee will include this provision concerning the right of access to, and examination of, sites and information related to this Contract in any Subcontract it awards. 7.03 Response/compliance with audit or inspection findings a. Grantee must act to ensure its and its Subcontractor's compliance with all corrections necessary to address any finding of noncompliance with any law, regulation, audit requirement, or generally accepted accounting principle, or any other deficiency identified in any audit, review, or inspection of the Contract and the goods or services provided hereunder. Any such correction will be at Grantee or its Subcontractor's sole expense. Whether Grantee's action corrects the noncompliance will be solely the decision of the System Agency. b. As part of the Services, Grantee must provide to HHSC upon request a copy of those portions of Grantee's and its Subcontractors' internal audit reports relating to the Services and Deliverables provided to the State under the Contract. 7.04 SAO Audit Grantee understands that acceptance of funds directly under the Contract or indirectly through a Subcontract under the Contract acts as acceptance of the authority of the State Auditor's Office (SAO), or any successor agency, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the SAO must provide the SAO with access to any information the SAO considers relevant to the investigation or audit. Grantee agrees to cooperate fully with the SAO or its successor in the conduct of the audit or investigation, including providing all records requested. Grantee will ensure that this clause concerning the authority to audit funds received indirectly by Subcontractors through Grantee and the requirement to cooperate is included in any Subcontract it awards. urbU.3 1.6 Grantee Uniform Terms and Conditions Page 12 of 19 DocuSign Envelope ID C344C4138-26E6-4DF8-ABED-D5ADF793B58B 7.05 Confidentiality Any specific confidentiality agreement between the Parties takes precedent over the terms of this section. To the extent permitted by Iaw, Grantee agrees to keep all information confidential, in whatever form produced, prepared, observed, or received by Grantee. The provisions of this section remain in full force and effect following termination or cessation of the services performed under this Contract. 7.06 Public Information Act Information related to the performance of this Contract may be subject to the PIA and will be withheld from public disclosure or released only in accordance therewith. Grantee must make all information not otherwise excepted from disclosure under the PIA available in portable document file (".pdf') format or any other format agreed between the Parties. ARTICLE VIII CONTRACT MANAGEMENT AND EARLY TERMINATION 8.01 Contract Management To ensure full performance of the Contract and compliance with applicable law, the System Agency may take actions including: a. Suspending all or part of the Contract; b. Requiring the Grantee to take specific corrective actions in order to remain in compliance with term of the Contract; c. Recouping payments made to the Grantee found to be in error; d. Suspending, limiting, or placing conditions on the continued performance of the Project; e. Imposing any other remedies authorized under this Contract; and f. Imposing any other remedies, sanctions or penalties permitted by federal or state statute, law, regulation, or rule. 8.02 Termination for Convenience The System Agency may terminate the Contract at any time when, in its sole discretion, the System Agency determines that termination is in the best interests of the State of Texas. The termination will be effective on the date specified in HHSC's notice of termination. 8.03 Termination for Cause Except as otherwise provided by the U.S. Bankruptcy Code, or any successor Iaw, the System Agency may terminate the Contract, in whole or in part, upon either of the following conditions: a. Material Breach The System Agency will have the right to terminate the Contract in whole or in part if the System Agency determines, at its sole discretion, that Grantee has materially breached the Contract or has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction and such violation prevents or substantially impairs performance of Grantee's duties under the Contract. Grantee's misrepresentation in any aspect of Grantee's Solicitation Response, if any or Grantee's addition to the Excluded Parties List System (EPLS) will also constitute a material breach of the Contract. b. Failure to Maintain Financial Viability ' 06 03 16 Grantee Unitbrm Terms and Conditions Page 13 of 19 DocuSign Envelope ID: C344C4B6-26E6-4DF8-ABED-D5ADF793B58B The System Agency may terminate the Contract if, in its sole discretion, the System Agency has a good faith belief that Grantee no longer maintains the financial viability required to complete the Services and Deliverables, or otherwise fully perform its responsibilities under the Contract. 8.04 Equitable Settlement Any early termination under this Article will be subject to the equitable settlement of the respective interests of the Parties up to the date of termination, ARTICLE IX MISCELLANEOUS PROVISIONS 9.01 Amendment The Contract may only be amended by an Amendment executed by both Parties. 9.02 Insurance Unless otherwise specified in this Contract, Grantee will acquire and maintain, for the duration of this Contract, insurance coverage necessary to ensure proper fulfillment of this Contract and potential liabilities thereunder with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the industry as determined by the System Agency. Grantee will provide evidence of insurance as required under this Contract, including a schedule of coverage or underwriter's schedules establishing to the satisfaction of the System Agency the nature and extent of coverage granted by each such policy, upon request by the System Agency. In the event that any policy is determined by the System Agency to be deficient to comply with the terms of this Contract, Grantee will secure such additional policies or coverage as the System Agency may reasonably request or that are required by law or regulation. If coverage expires during the term of this Contract, Grantee must produce renewal certificates for each type of coverage. These and all other insurance requirements under the Contract apply to both Grantee and its Subcontractors, if any. Grantee is responsible for ensuring its Subcontractors' compliance with alI requirements. 9.03 Legal Obligations Grantee will comply with all applicable federal, state, and local laws, ordinances, and regulations, including all federal and state accessibility laws relating to direct and indirect use of information and communication technology. Grantee will be deemed to have knowledge of all applicable laws and regulations and be deemed to understand them. In addition to any other act or omission that may constitute a material breach of the Contract, failure to comply with this Section may also be a material breach of the Contract. 9.04 Permitting and Licensure At Grantee's sole expense, Grantee will procure and maintain for the duration of this Contract any state, county, city, or federal license, authorization, insurance, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by Grantee to provide the goods or Services required by this Contract. Grantee will be responsible for payment of all taxes, assessments, fees. premiums, permits, and licenses required by law. Grantee agrees to be responsible for payment of any such government obligations not paid by its contactors or subcontractors during performance of this Contract. Grantee t1niform Terms and Conditions Page 14 of 19 06.03.16 DocuSign Envelope ID C344C4B8-26E6-4DF8-ABEO-D5ADF793B58B 9.05 Indemnity To THE EXTENT ALLOWED BY LAW, GRANTEE WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS AND ITS OFFICERS AND EMPLOYEES, AND THE SYSTEM AGENCY 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: a. GRANTEE'S PERFORMANCE OF THE CONTRACT, INCLUDING ANY NEGLIGENT ACTS OR OMISSIONS OF GRANTEE, OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF GRANTEE, OR ANY THIRD PARTY UNDER THE CONTROL OR SUPERVISION OF GRANTEE, IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT; OR b. ANY BREACH OR VIOLATION OF A STATUTE, ORDINANCE, GOVERNMENTAL REGULATION, STANDARD, RULE, OR BREACH OF CONTRACT BY GRANTEE, ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF GRANTEE, OR ANY THIRD PARTY UNDER THE CONTROL OR SUPERVISION OF GRANTEE, IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT; OR c. EMPLOYMENT OR ALLEGED EMPLOYMENT, INCLUDING CLAIMS OF DISCRIMINATION AGAINST GRANTEE, ITS OFFICERS, OR ITS AGENTS; OR d. 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. GRANTEE WILL COORDINATE ITS DEFENSE WITH THE SYSTEM AGENCY AND ITS COUNSEL. THIS PARAGRAPH IS NOT INTENDED TO AND WILL NOT BE CONSTRUED TO REQUIRE GRANTEE TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE SYSTEM AGENCY FOR ANY CLAIMS OR LIABILITIES RESULTING SOLELY FROM THE GROSS NEGLIGENCE OF THE SYSTEM AGENCY OR ITS EMPLOYEES. THE PROVISIONS OF THIS SECTION WILL SURVIVE TERMINATION OF THIS CONTRACT. 9.06 Assignments Grantee may not assign all or any portion of its rights under, interests in, or duties required under this Contract without prior written consent of the System Agency, which may be withheld or granted at the sole discretion of the System Agency. Except where otherwise agreed in writing by the System Agency, assignment will not release Grantee from its obligations under the Contract. Grantee understands and agrees the System Agency may in one or more transactions assign, pledge, or transfer the Contract. This assignment will only be made to another State agency or a non -state agency that is contracted to perform agency support. 9.07 Relationship of the Parties Grantee is, and will be, an independent contractor and, subject only to the terms of this Contract, will have the sole right to supervise. manage, operate, control, and direct performance of the details incident to its duties under this Contract. Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture, to create relationships of an employer-employee or principal -agent, or to otherwise create for the System Agency any Grantee t :nifi,rm Terms and Conditions Page l5 of 19 DaceSign Envelope ID: C344C4B8-26E6-4DF8-ABED-D5ADF793B58B liability whatsoever with respect to the indebtedness, liabilities, and obligations of Grantee or any other Party. Grantee will be solely responsible for, and the System Agency will have no obligation with respect to: a. Payment of Grantee's employees for all Services performed; b. Ensuring each of its employees, agents, or Subcontractors who provide Services or Deliverables under the Contract are properly licensed, certified, or have proper permits to perform any activity related to the Work; c. Withholding of income taxes, FICA, or any other taxes or fees; d. Industrial or workers' compensation insurance coverage; e, Participation in any group insurance plans available to employees of the State of Texas; 11 Participation or contributions by the State to the State Employees Retirement System; g. Accumulation of vacation leave or sick leave; or h. Unemployment compensation coverage provided by the State. 9.08 Technical Guidance Letters In the sole discretion of the System Agency, and in conformance with federal and state law, the System Agency may issue instructions, clarifications, or interpretations as may be required during Work performance in the form of a Technical Guidance Letter, A TGL must be in writing, and may be delivered by regular mail, electronic mail, or facsimile transmission. Any TGL issued by the System Agency will be incorporated into the Contract by reference herein for all purposes when it is issued, 9.09 Governing Law and Venue This Contract and the rights and obligations of the Parties hereto will be governed by, and construed according to, the laws of the State of Texas, exclusive of conflicts of law provisions. Venue of any suit brought under this Contract will be in a court of competent jurisdiction in Travis County, Texas unless otherwise elected by the System Agency. Grantee irrevocably waives any objection, including any objection to personal jurisdiction or the laying of venue or based on the grounds of forum non conveniens, which it may now or hereafter have to the bringing of any action or proceeding in such jurisdiction in respect of this Contract or any document related hereto. 9.10 Severability If any provision contained in this Contract is held to be unenforceable by a court of law or equity, this Contract will be construed as if such provision did not exist and the non - enforceability of such provision will not be held to render any other provision or provisions of this Contract unenforceable. 9.11 Survivability Termination or expiration of this Contract or a Contract for any reason will not release either party from any liabilities or obligations in this Contract that the parties have expressly agreed will survive any such termination or expiration, remain to be performed, or by their nature would be intended to be applicable following any such termination or expiration, including maintaining confidentiality of information and records retention. 06 03 16 Grantee Uniform Terms and Conditions Page 16 of 19 DocuSign Envelope ID: C344C4B8-26E6-4DF8-ABEo-D5ADF793858B 972 Force Majeure Except with respect to the obligation of payments under this Contract, if either of the Parties, after a good faith effort, is prevented from complying with any express or implied covenant of this Contract by reason of war; terrorism; rebellion; riots; strikes; acts of God; any valid order, rule, or regulation of governmental authority, or similar events that are beyond the control of the affected Party (collectively referred to as a "Force Majeure"), then, while so prevented, the affected Party's obligation to comply with such covenant will be suspended, and the affected Party will not be liable for damages for failure to comply with such covenant. In any such event, the Party claiming Force Majeure will promptly notify the other Party of the Force Majeure event in writing and, if possible, such notice will set forth the extent and duration thereof. 9.13 No Waiver of Provisions Neither failure to enforce any provision of this Contract nor payment for services provided under it constitute waiver of any provision of the Contract. 9.14 Publicity Except as provided in the paragraph below, Grantee must not use the name of, or directly or indirectly refer to, the System Agency, the State of Texas, or any other State agency in any media release, public announcement, or public disclosure relating to the Contract or its subject matter, including in any promotional or marketing materials, customer Iists, or business presentations, Grantee may publish, at its sole expense, results of Grantee performance under the Contract with the System Agency's prior review and approval, which the System Agency may exercise at its sole discretion. Any publication (written, visual, or sound) will acknowledge the support received from the System Agency and any Federal agency, as appropriate. 9.15 Prohibition on Non -compete Restrictions Grantee will not require any employees or Subcontractors to agree to any conditions, such as non -compete clauses or other contractual arrangements that would limit or restrict such persons or entities from employment or contracting with the State of Texas. 9.16 No Waiver of Sovereign Immunity Nothing in the Contract will be construed as a waiver of sovereign immunity by the System Agency. 9.17 Entire Contract and Modification The Contract constitutes the entire agreement of the Parties and is intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. Any additional or conflicting terms in any future document incorporated into the Contract will be harmonized with this Contract to the extent possible by the System Agency. 9.18 Counterparts This Contract may be executed in any number of counterparts. each of which will be an original, and all such counterparts will together constitute but one and the same Contract. 06 03.16 Grantee Uniform Terms and Conditions Page 17of19 DocuSign Envelope ID: C344C4B8-26E5.4DF8-ABED-D5ADF793B588 979 Proper Authority Each Party hereto represents and warrants that the person executing this Contract on its behalf has full power and authority to enter into this Contract. Any Services or Work performed by Grantee before this Contract is effective or after it ceases to be effective are performed at the sole risk of Grantee with respect to compensation. 9.20 Employment Verification Grantee will confirm the eligibility of all persons employed during the contract term to perform duties within Texas and all persons, including subcontractors. assigned by the contractor to perform work pursuant to the Contract. 9.21 Civil Rights a. Grantee agrees to comply with state and federal anti -discrimination laws, including: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d el seq.); 2. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794); 3. Americans with Disabilities Act of 1990 (42 U.S.C. §12101 el seq.); 4. Age Discrimination Act of 1975 (42 U.S.C. §§610I -6I07); 5. Title IX of the Education Amendments of 1972 (20 U.S,C. §§ I681-1688); 6. Food and Nutrition Act of 2008 (7 U.S.C. §201 I et seq.), and 7. The System Agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Agreement. Grantee agrees to comply with all amendments to the above -referenced laws, and all requirements imposed by the regulations issued pursuant to these laws. These laws provide in part that no persons in the United States may, on the grounds of race, color, national origin, sex, age, disability, political beliefs, or religion, be excluded from participation in or denied any aid, care, service or other benefits provided by Federal or State funding, or otherwise be subjected to discrimination. b. Grantee agrees to comply with Title VI of the Civil Rights Act of 1964, and its implementing regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15, prohibiting a contractor from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities on the basis of national origin. State and federal civil rights laws require contractors to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Grantee agrees to take reasonable steps to provide services and information, both orally and in writing, in appropriate languages other than English, in order to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities. c. Grantee agrees to post applicable civil rights posters in areas open to the public informing clients of their civil rights and including contact information for the HHS Civil Rights Office. The posters are available on the HHS website at: httn:.'.www.hhsc.state.tx.us.'about hhscicivil-rights/brochures-posters.shtml Uf03.1C Grantee Uniform Terms and Conditions Page 18 of 19 DocuSign Envelope ID C344C49&26E6-40F8-ABEo-D5ADF793858B d. Grantee agrees to comply with Executive Order 13279, and its implementing regulations at 45 C.F.R. Part 87 or 7 C.F.R. Part 16. These provide in part that any organization that participates in programs funded by direct financial assistance from the United States Department of Agriculture or the United States Department of Health and Human Services shall not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. e. Upon request, Grantee will provide HHSC Civil Rights Office with copies of all of the Grantee's civil rights policies and procedures. f. Grantee must notify HHSC's Civil Rights Office of any civil rights complaints received relating to its performance under this Agreement. This notice must be delivered no more than ten (10) calendar days after receipt of a complaint. Notice provided pursuant to this section must be directed to: HHSC Civil Rights Office 701 W. 51st Street, Mail Code W206 Austin, Texas 78751 Phone Toll Free: (888) 388-6332 Phone: (5 12) 438-4313 TTY Toll Free: (877) 432-7232 Fax: (512) 438-5885. .{L91.3.16 Grantee Uniform Terms and Conditions Page 19 of 19 DocuSign Envelope ID. C344C4B8-26E6-4DF8-ABED-D5ADF743B58B ATTACHMENT D SUPPLEMENTAL AND SPECIAL CONDITIONS SUPPLEMENTAL CONDITIONS THE FOLLOWING SUPPLEMENTAL CONDITIONS APPLY TO THIS CONTRACT AND MODIFY THE HHS UNIFORM TERMS AND CONDITIONS: A. Uniform Terms and Conditions, Records, Audit and Disclosure, ARTICLE VII, Section 7.02, is revised to include the following: In addition to the site visits authorized by this Article of the Uniform Terms and Conditions, Grantee will allow DSHS to conduct on-site quality assurance reviews of Grantee. Grantee will comply with all DSHS documentation requests and on-site visits. Grantee will make available for review all documents related to the Contract, upon request by the DSHS Program staff. B. The following sections of these Uniform Terms and Conditions will not apply to interagency or interlocal contracts: i. Debt to State and Corporate Status, Section 2.04; ii. Application of Payment Due, Section 2,05; iii. Insurance, Section 9.02; and iv. Indemnity, Section 9.05. SPECIAL CONDITIONS SECTION 1.01 NOTICE OF CONTRACT ACTION Grantee shall notify their assigned contract manager if Grantee has had any contract suspended or terminated for cause by any local, state or federal department or agency or nonprofit entity within five days of becoming aware of the action and include the following: 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. SECTION 1.02 NOTICE OF BANKRUPTCY Grantee shall notify in writing its assigned contract manager of its plan to seek bankruptcy protection within five days of such action by Grantee. v. 11.15.2016 Page 1 DocuSign Envelope ID C344C4B8-26E6-4DF8-ABED-D5ADF79385BB ATTACHMENT D SUPPLEMENTAL AND SPECIAL CONDITIONS SECTION 1.03 NOTICE OF CRIMINAL ACTIVITY AND DISCIPLINARY ACTIONS a. Grantee shall immediately report in writing to their contract manager when Grantee has knowledge or any reason to believe that they or any person with ownership or controlling interest in the organization/business. or their agent, employee, contractor or volunteer that is providing services under this Contract has: 1. Engaged in any activity that could constitute a criminal offense equal to or greater than a Class A misdemeanor or grounds for disciplinary action by a state or federal regulatory authority; or 2. 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. b. Grantee 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 the System Agency. SECTION 1.04 GRANTEE'S NOTIFICATION OF CHANGE OF CONTACT PERSON OR KEY PERSONNEL The Grantee shall notify in writing their contract manager assigned within ten days of any change to the Grantee's Contact Person or Key Personnel. SECTION 1.05 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. Grantee may be called upon to assist the System Agency in providing the following services: a. Community evacuation; b. Health and medical assistance; c. Assessment of health and medical needs; d. Health surveillance; e. Medical care personnel; f. Health and medical equipment and supplies; g. Patient evacuation; h. In-hospital care and hospital facility status; i. Food, drug and medical device safety; j. Worker health and safety; k. Mental health and substance abuse; 1. Public health information; m. Vector control and veterinary services; and n. Victim identification and mortuary services. v. l I.15.2016 Page 2 DocuSign Envelope ID: C344C4B8-26E6-4DF8-ABED-D5ADF793B58B ATTACHMENT D SUPPLEMENTAL AND SPECIAL CONDITIONS SECTION 1.06 INTERIM EXTENSION AMENDMENT . 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_ The System Agency shall provide written notice of interim extension amendment to the Grantee 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. The System Agency will provide written notice of the interim extension amendment that specifies the reason for it and period of time for the extension. d, Grantee will provide and invoice for services in the same manner that is stated in the Contract, e. 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 the System Agency. Remainder of page is left blank, v. 11.15.2016 Page 3 DocuSign Envelope ID. C344C4B8-26E6-4DF8-ABED-D5ADF793B58B OMB Number: 4040-0007 Expiration Dale: 01/31/2019 ASSURANCES - NON -CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant. 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 application. 2. Will give the awarding agency, 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 the award, 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 ail 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.0.§§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Previous Edition Usable Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act 011975, 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. §§290 dd-3 and 290 ee- 3). as amended, relating to confidentiality of alcohol and drug abuse patient records, (h) Title VIII of the Civil Rights Act 011968 (42 U.S.C. §§3601 el 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 ariy 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 011970 (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 Standard Form 4245 (Rev, 7.97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 1 DocuSign Envelope ID: C344C4B8-26E6-4DF8-ABEo-D5ADF793858B 9. Will comply, as app.icable, 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. 10. Will comply, if applicable, with Hood 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 [(Wowing' (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 (Clean Air) Implementation Plans under Section 176(c) of the Clean 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). 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. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL APPLICANT ORGANIZATION 1 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 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance 15. Will comply with the Laboratory Animal Welfare Act of 1966 (PI, 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 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, "Audits of States, Local Governments, and Non -Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. 19. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (NPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub -recipient from (1) Engaging in severe forms of trafficking In persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award, TITLE DATE SUBMITTED Standard Farm 424B (Rev. 7.97) Back DocuSign Envelope ID C344C4B8-26E6-4DF8-ABED-D5ADF793B58B 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. Legal Name of Contractor: Primary Address of Contractor ZIP Code: 9 -digits Required www.usps.com FFATA Contact # 1 Name, Email and Phone Number: FFATA Contact #2 Name, Email and Phone Number: DUNS Number: 9 -digits Required www.sam.gov State of Texas Comptroller Vendor Identification Number (VIN) 14 Digits Printed Name of Authorized Representative Title of Authorized Representative Department of State Health Services Signature of Authorized Representative Date -1. Form 4734 — June 2013 DocuSlgn Envelope ID C344C4B8-26E8-4DF8-ABED-D5ADF7931358B 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 income, from all sources, of Tess than $300,000 in your previous tax year? ❑ Yes No If your answer is "Yes", skip questions "A", "B", and "C" and finish the certification. If your answer is "No", answer questions "A" and "B". A. Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? ❑ Yes 0 No B. 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 If your answer is "Yes" to both question "A" and "8", you must answer question "C". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification, C. Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? ❑ Yes ❑ No If your answer is "Yes" to this question, where can this information be accessed? If your answer is "No" to this question, you must provide the names and total compensation of the top five highly compensated officers below. Provide compensation information here: -2- Department of State Health Services Form 4734 — June 2013 Docu5ifsa. a SUCI lIO Certificate Of Completion Envelope Id C344C4B826E64DF8ABEOD5ADF793135813 Status Sent Subject. $201,123.00; CONTRACT NO. 537-18-0147-00001, Corpus Christi-Nueces County PHD; CPS LRN-PHEP Source Envelope. Document Pages. 47 Signatures. 0 Envelope Originator' Supplemental Document Pages' 0 Initials: 0 Josalyn Wilson Certificate Pages: 3 AutoNav: Enabled Payments: 0 1860 Michael Faraday Dr Envelopeld Stamping: Enabled Reston. VA 20190 Time Zone (UTC -06.00) Central lime (US & josalyn.wilson@hhsc state.Ix,us Canada) IP Address: 167.137.1.15 Record Tracking Status: Original 2/9/2017 Signer Events Ayeola Williams ayeola,.wilfiams@hhsc state.tx us Staff Attorney, System Contracting HHSC Security Level Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID. Patty Melchior Patty.Melchior@dshs.state tx us Resource Director Department Stale Health Services Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure Not Offered via DocuSign ID Margie C. Rose mangier@cctexas.com Security Level. Email, Account Authentication (None) Electronic Record and Signature Disclosure. Not Offered via DocuSign ID. David Gruber david.gruber@dshs.texas.gov Security Level. Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID. Holder Josalyn Wilson josalyn.wilson@hhsc state.tx.us Signature Completed Using IP Address. 160.42.85 9 Completed Using IP Address: 160.42-85.9 Location DocuSign Timestamp Sent 2/10/2017 Viewed: 2/11/2017 Signed: 2/11/2017 Sent 2/11/2017 Viewed. 2!1312017 Signed 2/13/2017 Sent. 2/13/2017 In Person Signer Events Signature Timestamp Editor Delivery Events Status Tlmestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Deserie Burrell deserie burrell@dshs state.tx.us Contract Manager Texas Health and Human Services Commission Security Level: Email. Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Justin Davis justin.davis@dshs.state.tx.us Department of Slate Health Services Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID. Amy Greene amy.greene@hhsc.state.tx.us Contract Specialist V Texas Health and Human Services Commission Security Level Email, Account Authentication (None) Electronic Record and Signature Disclosure:. Not Offered via DocuSign ID: Susana Garcia susana.garcia@dshs state tx.us Unit Director Texas Health and Human Services Commission Security Level: Email, Account Authentication (None) Electronic Record and Signature Disc,'osure. Not Offered via DocuSign ID. William Uhlarik williamu2@cctexas.com Assistant Director of Public Health Corpus Christi-Nueces County P.H.D. Security Level. Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID. DSHS CMU Inbox CMUContracts@dshs.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure Not Offered via DocuSign ID. Status Status Status COPIED COPIED COPIED COPIED COPIED Timestamp Tlmestamp Tlmestamp Sent. 2/10/2017 Sent: 2/10/2017 Sent 2/10/2017 Sent: 2/11/2017 Sent 2113/2017 Viewed 2/14/2017 Notary Events Timestamp Envelope Summary Events Envelope Sent Payment Events Status Timestamps Hashed/Encrypted 2/13/2017 Status Timestamps AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of May 9, 2017 Second Reading Ordinance for the City Council Meeting of May 16, 2017 DATE: TO: February 13, 2017 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 grant contract amendment for the Nutrition Services Section/Women, Infants and Children (NSS/WIC) grant in the amount of $1,012,631.00, and appropriation of the funds for the contract period October 1, 2017 through September 30, 2018; and ratifying acceptance of the grant amendment to begin February 15, 2017. CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract forthe Women, Infant and Children's Nutrition Program (WIC) grant in the amount of $1,012,631.00, increasing the total amount to $2,025,262.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund, to provide funds for the WIC program for the amended contract period October 1, 2016, through September 30, 2018; appropriating the increased grant amount; and ratifying acceptance of the grant agreement to begin February 15, 2017. PURPOSE: To provide funds for personnel costs, supplies and other expenses to run The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) that provides supplemental foods, health care referrals, and nutrition education for eligible low-income pregnant, breastfeeding, and non -breastfeeding postpartum women, and to infants and children up to age five who are found to be at nutritional risk within the State of Texas. BACKGROUND AND FINDINGS: Population Served: The WIC target population are low-income, nutritionally at risk: • Pregnant women (through pregnancy and up to 6 weeks after birth or after pregnancy ends). • Breastfeeding women (up to infant's 1st birthday) • Nonbreastfeeding postpartum women (up to 6 months after the birth of an infant or after pregnancy ends) • Infants (up to 1st birthday). WIC serves 53 percent of all infants born in the United States. • Children up to their 5th birthday. Benefits The following benefits are provided to WIC participants: • Supplemental nutritious foods • Nutrition education and counseling at WIC clinics • Screening and referrals to other health, welfare and social services Program Delivery WIC is not an entitlement program as Congress does not set aside funds to allow every eligible individual to participate in the program. WIC is a Federal grant program for which Congress authorizes a specific amount of funds each year for the program. WIC is • administered at the Federal level by FNS • administered by 90 WIC state agencies, through approximately 47,000 authorized retailers. • WIC operates through 1,900 local agencies in 10,000 clinic sites, in 50 State health departments, 34 Indian Tribal Organizations, the District of Columbia, and five territories (Northern Mariana, American Samoa, Guam, Puerto Rico, and the Virgin Islands). Examples of where WIC services are provided: • county health departments • hospitals • mobile clinics (vans) • community centers • schools • public housing sites • migrant health centers and camps • Indian Health Service facilities ALTERNATIVES: Refuse the grant and discontinue providing Women, Infants, and Children services for the community. OTHER CONSIDERATIONS: None FINANCIAL IMPACT: • •Operating • •Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $1,012,631.00 $1,012,631.00 BALANCE $1,012,631.00 $1,012,631.00 Fund(s): Grant Comments: The grant does not require a cash or in-kind match by the City. RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency. This item requires two readings and ratification of the grant contract amendment to begin October 1, 2017 DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. LIST OF SUPPORTING DOCUMENTS: Contract No. 2017-049800-001A Ordinance Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Women, Infant and Children's Nutrition Program (WIC) grant in the amount of $1,012,631.00, increasing the total amount to $2,025,262.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund, to provide funds for the WIC program for the amended contract period October 1, 2016, through September 30, 2018; appropriating the increased grant amount; and ratifying acceptance of the grant agreement to begin February 15, 2017. 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 $1,012,631.00, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the amended contract period of October 1, 2016, through September 30, 2018, to provide funds for the WIC program. Section 2: That the increased grant amount of $1,012,631.00, is appropriated in the No. 1066 Health Grants Fund to continue the WIC program in the Health Department. Section 3: The amendment includes revisions to the section numbering to reflect a sequential order; Section IV, Budget; and addition of Section 9.02, Insurance, to the Supplemental Conditions section of the Attachment D. Section 4: Further the City Council ratifies acceptance of the grant amendment to begin as of February 15, 2017. 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 , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED, this the day of 2017. ATTEST: Rebecca Huerta City Secretary Mayor DocuSign Envelope ID. 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No. 2017-049800-OO1A AMENDMENT NO. 1 The DEPARTMENT OF STATE HEALTH SERVICES ("System Agency") and CORPUS CHRISTI- NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) ("Grantee"), who are collectively referred to herein as the "Parties," to that certain Women, Infants and Children's Nutrition Local Agency grant contract effective October 1, 2016 and denominated DSHS Contract No. 2017-049800-001 ("Contract"), now desire to amend the Contract. WHEREAS, the parties desire to, amongst other things, extend the term of the Contract to allow for successful completion of the Project, add funding for Fiscal Year 2018, and modify the Insurance provision in the Contract Uniform Terms and Conditions; and WHEREAS, these revisions will result in an addition of ONE MILLION TWELVE THOUSAND SIx HUNDRED THIRTY-ONE DOLLARS ($1,012,631.00) in funds. Now, THEREFORE, the Parties hereby amend and modify the Contract as follows: 1. The Parties agree to revise the Contract Signature Page to correct the section numbering to reflect a sequential order. 2. SECTION III of the Contract Signature Page (DURATION) is hereby amended to reflect a new termination date of September 30, 2018. 3. SECTION IV of the Contract Signature Page (BUDGET) is deleted and replaced in its entirety with the following: IV. BUDGET The total amount of this Contract will not exceed Two MILLION TWENTY-FIVE THOUSAND Two HUNDRED SIXTY-TWO DOLLARS ($2,025,262.00), of which $1,012,631.00 is allocated toward Fiscal Year 2017 (October 1, 2016 through September 30, 2017) and $1,012,631.00 is allocated toward Fiscal Year 2018 (October 1, 2017 through September 30, 2018). All expenditures under the Contract will be in accordance with Attachment A, Statement of Work. 4. The Parties agree to add the following to the Supplemental Conditions section of the Attachment D, Supplemental and Special Conditions: Section 9.02 Insurance, of the Health and Human Services Commission Uniform Terms and Conditions - Grant, Version 2.13 is deleted in its entirety and replaced with the following: 9.02 Insurance As a local government as such term is defined under Tex. Gov't Code § 791.003(4), Grantee agrees to maintain the highest levels of insurance as required by applicable law. Page 1 of 3 DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 5. This Amendment No.1 shall be effective as of February 15, 2017. 6. Except as amended and modified by this Amendment No. 1 all terms and conditions of the Contract, as amended, shall remain in full force and effect. 7. Any further revisions to the Contract shall be by written agreement of the Parties. SIGNATURE PAGE FOLLOWS Page 2 of 3 DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 SIGNATURE PAGE FOR AMENDMENT NO. 1 DSHS CONTRACT No. 2017-049800-OO1A HEALTH AND HUMAN SERVICES CORPUS CHRISTI-NUECES COUNTY PUBLIC COMMISSION HEALTH DISTRICT (CITY) By: By: Charles Smith Name: Executive Commissioner Title: Date of Execution: Date of Execution: THE FOLLOWING ATTACHMENTS ARE ATTACHED AND INCORPORATED AS PART OF THE CONTRACT: ATTACHMENT A-1 FFATA Page 3 of 3 Approved as to for Ail. £_- AIP' . -warstant C'l► •'•'rnie i 'try Attorney DocuSign Envelope ID. 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 SIGNATURE DOCUMENT FOR DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No. 2017-049800-001 UNDER THE WOMEN, INFANT AND CHILDREN'S NUTRITION PROGRAM GRANT PROGRAM I. PURPOSE The Department of State Health Services ("System Agency"), a pass-through entity, and Corpus Christi-Nueces County Public Health District (City) ("Grantee") (each a "Party" and collectively the "Parties") enter into the following grant contract to provide funding for Women, Infant and Children's Nutrition Program (the "Contract"). II. LEGAL AUTHORITY This Contract is authorized by and in compliance with the provisions of 42 U.S.C. § 1786, 7 CFR Part 246, and Chapter 32 of the Texas Health & Safety Code. II. DURATION This Contract is effective on October 1, 2016 and terminates on September 30, 2017, unless renewed or terminated pursuant to the terms and conditions of the Contract. The System Agency, at its own discretion, may extend this Contract subject to terms and conditions mutually agreeable to both Parties. IH. BUDGET The total amount of this Contract will not exceed ONE MILLION TWELVE THOUSAND SIX HUNDRED THIRTY-ONE DOLLARS ($1,012,631.00). All expenditures under the Contract will be in accordance with ATTACHMENT A, STATEMENT OF WORK. IV. CONTRACT REPRESENTATIVES The following will act as the Representative authorized to administer activities under this Contract on behalf of their respective Party. System Agency Department of State Health Services 1100 W. 49th Street, Austin, TX 78756 Attention: Cynthia Wright, DSHS Contract Manager cynthia.wright@dshs.state.tx.us Grantee Corpus Christi-Nueces County Public Health District (City) 1201 Leopard St., Corpus Christi, TX 78401 Attention: Margie Rose margier@cctexas.com System Agency Contract No.2017-049800-001 Page 1 of 3 v. 02.01.2016 DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 V. LEGAL NOTICES Any legal notice required under this Contract shall be deemed delivered when deposited by the System Agency either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required, to the appropriate address below: System Agency Department of State Health Services Attention: Lisa Hernandez 1100 W. 49`h Street, MC 1911 Austin, TX 78756 Grantee Corpus Christi-Nueces County Public Health District (City) 1201 Leopard St., Corpus Christi, TX 78401 Attention: Margie Rose Notice given by Grantee will be deemed effective when received by the System Agency. Either Party may change its address for notice by written notice to the other Party. VI. ADDITIONAL GRANT INFORMATION Federal Award Identification Number (FAIN): 16166TX506W 1003 Federal Award Date: 10/01/16 thru 09/30/17 Name of Federal Awarding Agency: United States Department of Agriculture Food and Nutrition Service CFDA Name and Number: 10.557 Awarding Official Contact Information: FNS Southwest Regional Office Food and Nutrition Service 1100 Commerce Street, Room 522 Dallas, TX 75242-9980 Telephone: (214) 290-9810 DUNS: 069457784 SIGNATURE PAGE FOLLOWS System Agency Contract No.2017-049800-001 Page 2 of 3 v. 02.01.2016 DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 SIGNATURE PACE FOR SYSTEM AGENCY CONTRACTN030I7-049900-001 REALTH AND HUMAN SERVICES Common GRANTEE Chanes Smith Executive Commissioner Date of execution: d.30/ Date oFexccutian: /et , az f la THE FOLLOWING ATTACHMENTS TO SYSTEM AGENCY CONTRACT No. 2017488004M ARE HEREBY INCORPORATED BY REFERENCE: ATTEST: lAttokATTACHMENT A-SFATEMENr OF WORK MECCA NUERTA ATTACHMENT B - UNIFORM TERMS AND CONDmONS ATTACHMENT C -GENERAL AFFIRMATIONS ATTACHMENT D -SUPPLEMENTAL & SPECIAL. CoNDITIoNS ATTACHMENT E - FEDERAL ASSURANCES AND CERTIFICATtoNs ATTACHMENT F - FFATA ATTACHMENT G -DATA USE AGREEMENT ATTACHMENT H-NoN-ExcLuswE LIST or APPLICABLE LAWS CITY SECRETARY v.011112011 ATTACHMENTS FOLLOW Spins Allem Cu �; N' 0174498a0.oa1 COUNCIL 0310 DocuSign Envelope ID: 2E0C79B8-F2CA-4C64-8A95-8864BADBEB49 ATTACHMENT A STATEMENT OF WORK I. GRANTEE RESPONSIBILITIES Grantee will: A. Perform professional, administrative and clerical services necessary to determine eligibility, provide food benefits, and provide appropriate nutrition education and counseling to qualified women, infants and children in a specified geographic area. Grantee shall ensure adequate staff coverage and uninterrupted delivery of services. Services shall be performed according to the statutes, rules, policies, and directives of the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) and/or as directed by the United States Department of Agriculture (USDA) as referenced in this Contract. During the term of this Contract, the USDA may issue regulations, instructions, policies and/or directives, which may be incorporated into the current System Agency WIC Program Policy and Procedures Manual and program rules. B. Provide services within the state boundaries of Texas and in the approved clinic locations described in Grantee's approved application which is incorporated herein by reference and made a part of this Contract. C. Assist System Agency or USDA in the collection of data that will identify benefits of this nutrition intervention program and furnish financial, health, nutrition education and any other special reports in a timely manner as required by System Agency's WIC Program policies and procedures for the compilation of such data. D. Determine eligibility of applicants through assessment of their categorical income, residence and nutritional status, and provide nutrition education and counseling to eligible participants. E. Become and maintain designation as a Mother -Friendly Worksite in accordance with 25 Tex. Admin. Code § 31.1. F. Appoint a Grantee WIC Director/Supervisor. G. Train Local Agency staff. The term "Local Agency" is defined at 7 CFR § 246.2. H. Conduct outreach to potential participants. I. Complete surveys as requested. J. Complete part one, part two, or both, as follows: 1. Part One: Coordinate with System Agency to visit the physical address of a proposed grocery store outlet and determine if a store exists. Grantee shall send System Agency an email correspondence indicating findings. 2. Part Two: In accordance with current System Agency WIC policies and procedures, coordinate with System Agency to schedule and conduct an on-site evaluation of the WIC authorized vendor upon request by System Agency and complete the On-site Evaluation within thirty (30) days and submit the form electronically to System Agency within one (1) business day. System Agency Contract No. 2017-049800-001 v. 06.22.2016 Page 1 DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 ATTACHMENT A STATEMENT OF WORK K. Determine participants' access to health care, medical care and other human services, and make appropriate referrals. Grantee shall have a system in place to provide participants with appropriate health services or make appropriate referrals to health care providers under written agreements that ensure confidentiality of participants' personal information. L. Issue pre -numbered WIC Electronic Benefit Transfer (EBT) cards furnished by System Agency to qualified participants who shall use such EBT cards to obtain specified food items from participating vendors; maintain complete accountability and security of all WIC EBT cards received from System Agency. Grantee shall be held financially responsible for all unaccounted WIC EBT cards and/or for the redeemed value of those issued to ineligible participants. In addition, Grantee shall be held financially liable for issuance of infant formula instruments that are not authorized or prescribed according to the System Agency WIC Policy and Procedures Manual. M. Permit System Agency or its agent to install telecommunications equipment at all Grantee WIC clinics and administrative offices using Management Information System (MIS), or software on a network or stand-alone personal computer. Grantee is required to permit installation at all its permanent WIC sites. Grantee will notify System Agency not less than forty-five (45) days prior to the relocation of a site or the deployment of a new site to allow System Agency or its agent to install telecommunications equipment. N. Connect portable computers (e.g. notebooks or laptops) that use MIS software daily to a System Agency -provided telecommunications access point to transfer data to and receive updates from System Agency. Data transfer and update connection must be made on each day that Grantee provides WIC services. Portable computers may use the provided wireless connection or go to any of the Grantee's permanent WIC sites for data transfer. O. Review the immunization records of WIC Program applicants/participants to ensure that immunizations are current. Make appropriate referrals to health care providers for necessary immunizations according to WIC Program policy. P. Offer services during extended hours of operation outside the traditional times of 8:00 a.m. to 5:00 p.m., Monday through Friday, according to the Grantee's System Agency -approved Annual Plan of Operations, which incorporated by reference and made a part of this Contract. Q. Implement or expand Grantee's Breastfeeding Peer Counseling program to provide training and salary of peer counselors who assist pregnant and breastfeeding WIC program participants in normal breastfeeding situations. Provide clients with after-hours peer counseling services. Funding for this activity will be contingent on availability and written approval by System Agency. R. Implement or expand Grantee's Breastfeeding Peer Dad Program if approved by the System Agency. System Agency Contract No. 2017-049800-001 v. 06.22.2016 Page 2 DocuSign Envelope ID 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 ATTACHMENT A STATEMENT OF WORK 1. If selected by the System Agency to participate in the Breastfeeding Peer Dad Program, Grantee shall submit to System Agency for review and approval a quarterly activity report in a format designated by System Agency. The activity report shall include goals and objectives, strategies, activities, timeline of events and performance measures for implementing and evaluating the program. Grantee shall submit the activity report to System Agency within 30 calendar days after the end of the each quarter during the Contract term. S. Implement special projects according to System Agency -approved plan related to nutrition education, outreach or breastfeeding if project is requested by Grantee and approved by System Agency. Funding for special projects is contingent upon availability and approval in writing by System Agency of the Grantee's plan for the special project. T. Implement lactation services for WIC program participants who have breastfeeding problems that are beyond the scope of practice of Grantee's WIC staff and/or peer counselors using International Board Certified Lactation Consultants (IBCLC) or the most qualified equivalent. Lactation services may also include Local Agency staff training and the provision of lactation equipment. System Agency will provide written approval of Grantee's plan to use lactation funding. U. Ensure adequate staff coverage and uninterrupted delivery of WIC services if any member of Grantee's staff is approved in writing by System Agency to participate in the System Agency's dietetic Internship program. This internship will consist of no less than 1,200 hours of supervised learning experiences in a variety of nutrition -related facilities. Grantee is responsible for: 1. Designating a WIC Nutritionist, preferably a registered dietitian, to be the Community Nutrition WIC Preceptor and oversee and evaluate intern's performance for the Community Nutrition (CN)/WIC portion of the System Agency dietetic internship. 2. The Community Nutrition Preceptor to ensure that the dietetic interns meet all requirements, standards and required supervised practice hours for the CN Supervised Practice as outlined by the System Agency's WIC Program. 3. Ensuring that the intern is not used for regular WIC duties during the internship period. 4. Collecting pay -back monies from intern in the event that the intern does not fulfill dietetic internship local agency contract requirements. Monies must be returned to System Agency. V. Stock System Agency provided manual pumps, single -user electric breast pumps and multi-user electric breast pumps, collection kits, and purchase additional sized flanges. Distribute the appropriate pumps, kits, and/or additional sized flanges to eligible WIC participants. System Agency reserves the right to withhold payment if Grantee fails to accurately complete and submit online breast pump receiving reports within three (3) business days of receiving a System Agency breast pump delivery as documented in the current WIC Local Agency policy and procedure manual. System Agency Contract No. 2017-049800-001 v. 06.22.2016 Page 3 DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 ATTACHMENT A STATEMENT OF WORK W. Implement or expand Grantee's use of a Registered Dietitian (RD) who is registered with the Commission on Dietetic Registration to provide for Grantee that includes, but not limited to: assistance with quality assurance, staff training, assistance with the Annual Nutrition Education and Breastfeeding plan, individual counseling for high-risk participants, and facilitated discussion classes. X. Implement or expand the obesity grant now named the Improving the Client Experience (ICE) grant. The ICE grant will enable Grantee to develop and implement initiatives and strategies to improve the client experience and alleviate client "pain points," thus improving the quality of services and client satisfaction. Examples of Grantee initiatives to access these funds include, but are not limited to, enhancing nutrition education activities such as cooking demonstrations, gardening activities, and supermarket tours; improving the WIC participant shopping experience by using funding for vendor liaison expenses to ensure local area grocery stores are complying with policies; cultivating Grantee staff and participant collaborations by making the clinic environment more conducive to open communication with round tables, sofas, etc.; incorporating materials and methods that will improve customer service and clinic flow; and upgrading the clinic to make it more child -friendly. Grantee shall submit proposed initiatives and required reports in a frequency and format designated by System Agency for review and approval. If selected by System Agency, Grantee shall appoint a grant coordinator to oversee the implementation and evaluation of each initiative. Y. If selected by System Agency, serve as an Innovation Center to implement special nutrition education and retention projects as proposed to System Agency. Innovation Center projects include, but not limited to, emotion -based counseling techniques, telecommunication health and nutrition support via web -cam, phone, and/or e-mail, parent- child support groups, child -friendly activities, unique group nutrition education including physical activity, hands-on components, or cooking demonstrations, program evaluations, community education and outreach, and other special projects related to health and behavior change proposed by the Grantee if approved by System Agency. Grantee shall designate an Innovation Lead who is responsible for overseeing local agency staff training, implementation, and evaluation of Center activities. Grantee shall participate in activities as requested by System Agency, including but not limited to, providing observation and training activities to staff from other WIC local agencies, writing news articles, participating in training and evaluation efforts, attending workgroup meetings, and presenting progress on activities to various audiences Grantee activities will comply with written Innovation Center plan submitted and approved by DSHS which is incorporated by reference. Grantee will submit reports in a frequency and in a format designated by System Agency. Z. Grantee shall resolve all possible dual participation records each month. System Agency reserves the right to withhold payment if Grantee fails to accurately resolve all possible System Agency Contract No. 2017-049800-001 v. 06.22.2016 Page 4 DocuSign Envelope ID: 2E007988-F2CA-4C64-8A95-8864BADBEB49 ATTACHMENT A STATEMENT OF WORK dual participation records within three (3) months from the month of the automated alert within the MIS system. AA. All activities related to WIC program, including timeframes, budget, and any revisions shall be approved by System Agency. BB. Submit to System Agency the following deliverables in a format designated by System Agency: 1. Monthly WIC Local Agency Performance Measure Report submitted by the 15th calendar day of the following month; and 2. Monthly Extended Hours Summary Report submitted by the 15th calendar day of the following month. II. PERFORMANCE MEASURES The System Agency will monitor the Grantee's performance of the requirements in this Attachment A and compliance with the Contract's terms and conditions. The following performance measures will be used to assess, in part, Grantee's effectiveness in providing the services described in the Contract, without waiving the enforceability of any of the other terms of the contract. A. Grantee shall ensure: 1. An average of 95% of families each quarter who participate in WIC Program by receiving food benefits shall also receive nutrition education classes or individual counseling services to coincide with food instrument issuance; 2. An average of 20% of all pregnant women who enter the WIC Program each quarter shall be certified as eligible during the period of the first trimester of their pregnancy; 3. An average of 80% of clients a quarter who are enrolled in the WIC Program, excluding dual participants, transfer locked and/or migrant clients, shall participate as food benefit recipients each month (breast-feeding infants are also included in the client count); and 4. 100% of participants who indicate during the enrollment process for the WIC Program that they have no source of health care shall be referred to at least one (1) source of health care at certification of eligibility. III. INVOICE AND PAYMENT A. Grantee will request monthly payments using the State of Texas Purchase Voucher (Form B-13) at http://www.dshs.texas.gov/grants/forms.shtm and submit with any supporting documentation by electronic mail to DSHS Contract Development and Support Branch at WicVouchersna,dshs.state.tx.us. System Agency Contract No. 2017-049800-001 v. 06.22.2016 Page 5 DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 ATTACHMENT A STATEMENT OF WORK 1. Grantee shall indicate separately on the face of the State of Texas Purchase Voucher, the costs associated with nutrition education, breast-feeding, and other administrative costs. B. Grantee will submit Financial Status Reports (FSR) by electronic mail to the DSHS Contract Development and Support Branch at WicVouchers@dshs.state.tx.us by the last business day of the month following the end of each quarter of the Contract term for review and financial assessment. C. Grantee will be paid on a cost categorical basis and in accordance with the terms of this Contract. D. All payments made by System Agency to Grantee under this Contract will be reimbursements subject to the following requirements, conditions and stipulations: 1. All categories of costs billed to System Agency and allocation of such costs, shall be in accordance with the Plan to Allocate Direct Costs (PADC) submitted by Grantee and accepted by the System Agency. This document is incorporated in the Contract by reference. 2. System Agency will reimburse Grantee for administrative costs incurred when determining eligibility, providing appropriate nutrition education and counseling, issuing WIC Electronic Benefit Transfer (EBT) cards, making participant referrals, vendor evaluation, outreach, start-up costs and general administrative support. 3. Administrative costs will be reimbursed based on actual costs, but not to exceed the "maximum reimbursement" based upon the sum of the participants who were issued WIC EBT cards each month plus infants who do not receive any WIC EBT cards whose breastfeeding mothers were participants to the extent that the total so derived does not exceed Grantee's total assigned caseload within any given month. Surplus funds (the amount by which maximum reimbursements exceed actual costs) can be accumulated and carried forward within the Contract term. 4. The participant caseload will be assigned by System Agency by giving written notice to Grantee. The participant caseload is subject to change upon written notice to Grantee from System Agency with Grantee's concurrence. Grantee assumes liability for all food costs resulting from Grantee exceeding its assigned caseload. The number of individuals served in excess of assigned caseload are not to be included in the calculation of earned administrative funds as described below. 5. Grantee may be allowed the option of receiving a two (2) month cash advance in accordance with current System Agency's WIC program policy and procedures. 6. Surplus encumbered by September 30 shall be billed and vouchers received by System Agency no later than 45 calendar days following the Contract term. System Agency Contract No. 2017-049800-001 v. 06.22.2016 Page 6 DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 ATTACHMENT A STATEMENT OF WORK E. Grantee shall earn administrative funds at the rate of $14.08 for each participant served as defined in this Contract. Grantee agrees that: 1. Grantee shall identify and document separately not less than 19° o of total administrative costs as expenditures directly related to nutrition education and counseling. Nutrition education and counseling expenditures shall be supported by documentation of participant attendance or non-attendance within the WIC Program. 2. System Agency will reimburse Grantee for administrative expenses at a rate not greater than 5.26 times the amount of properly documented expenditures for nutrition education and counseling, but not more than is earned based on actual participation not to exceed Grantee's assigned participant caseload, plus any incentive funds allocated to Grantee by System Agency. 3. System Agency will reimburse Grantee's indirect costs by one of the following: a. Amount calculated in accordance with Grantee's current valid federally negotiated indirect cost rate (IDCR), b. Amount calculated in accordance with Grantee's accepted System Agency Cost Allocation Plan (CAP). System Agency will limit CAP reimbursement at twenty (20) percent applied to Grantee's total direct salaries plus benefits reimbursed by System Agency, or d. A Grantee that has never negotiated an IDCR may elect to charge a de minimis rate of 10% of modified total direct costs. 4. System Agency will identify annually to Grantee an amount of funds that shall be spent for breastfeeding promotion. The allocation of breastfeeding funds to Grantee will be based on Grantee's proportional share of the statewide combined total of pregnant and breastfeeding participants as reported to System Agency. 5. System Agency reserves the right to withhold a proportionate amount of earned administrative funds when evidence exists that nutrition education and/or breastfeeding promotion is not being provided by Grantee, or Grantee is not complying with the provisions of USDA and/or System Agency directives. 6. System Agency may amend or terminate the Contract if available funds become reduced, depleted, or unavailable during the term of the Contract to the extent that the WIC Program is unable to provide administrative funding at the rate(s) stated in this Contract. System Agency will notify Grantee if a change in funding occurs and Grantee will have sixty (60) days to provide written notice to System Agency with intention to terminate this contract. 7. During the term of the Contract, System Agency may, at its sole discretion, unilaterally adjust the base reimbursement rate as defined in this attachment if it is in the best interest of System Agency and if administrative WIC Grant funds change. System Agency Contract No. 2017-049800-001 v. 06.22.2016 Page 7 DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 ATTACHMENT A STATEMENT OF WORK 8. System Agency may, at its sole discretion, pay for additional goods or services, as specified in this attachment, if provided by Grantee during the term of the Contract and not otherwise paid during the Contract term if it is in the best interest of System Agency. If Grantee exceeds the amount of eamed administrative funds as stated above, Grantee shall continue to bill System Agency for the services provided. If additional funds become available at a later date for the provision of these services, System Agency may elect to pay Grantee a share of these funds. 9. System Agency may provide extended hours funding to Grantee for participants who are provided WIC services outside the normal traditional hours to the extent that federal funding is available. System Agency Contract No. 2017-049800-001 v. 06.22.2016 Page 8 DocuSign Envelope ID: 2E007988-F2CA-4064-8A95-8864BADBEB49 HHSC uniform Terms and Conditions Version 2.13 Published and Effective July 15, 2016 Responsible Office Chief Counsel AG z G rAe›.7 t /1 G 2' TEXAS Health and Human Services Commission Health and Human Services Commission HHSC Uniform Terms and Conditions - Grant Version 2.13 DocuSign Envelope ID. 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 TABLE OF CONTENTS ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS 4 1.01 Definitions 4 1.02 Interpretive Provisions 5 ARTICLE II Payment Methods and Restrictions 6 2.01 Payment Methods 6 2.02 Final Billing Submission 6 2.03 Financial Status Reports (FSRs) 7 2.04 Debt to State and Corporate Status 7 2.05 Application of Payment Due 7 2.06 Use of Funds 7 2.07 Use for Match Prohibited 7 2.08 Program Income 7 2.09 Nonsupplanting 8 ARTICLE HI. STATE AND FEDERAL FUNDING 8 3.01 Funding 8 3.02 No debt Against the State 8 3.03 Debt to State 8 3.04 Recapture of Funds 8 ARTICLE IV Allowable Costs and Audit Requirements 9 4.01 Allowable Costs. 9 4.02 Independent Single or Program -Specific Audit 10 4.03 Submission of Audit 10 Article V AFFIRMATIONS, ASSURANCES AND CERTIFICATIONS 11 5.01 General Affirmations 11 5.02 Federal Assurances 11 5.03 Federal Certifications 11 ARTICLE VI OWNERSHIP AND INTELLECTUAL PROPERTY 11 6.01 Ownership 11 6.02 Intellectual Property 11 ARTICLE VII RECORDS, AUDIT, AND DISCLOSURE 11 7.01 Books and Records 11 7.02 Access to records, books, and documents 12 Grantee Uniform Terms and Conditions Page 2 of 19 v. 06.03.16 DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 7.03 Responselcompliance with audit or inspection findings 12 7.04 SAO Audit 12 7.05 Confidentiality 13 7.06 Public Information Act 13 ARTICLE VIII CONTRACT MANAGEMENT AND EARLY TERMINATION 13 8.01 Contract Management 13 8.02 Termination for Convenience 13 8.03 Termination for Cause 13 8.04 Equitable Settlement 14 ARTICLE IX MISCELLANEOUS PROVISIONS 14 9.01 Amendment 14 9.02 Insurance 14 9.03 Legal Obligations 14 9.04 Permitting and Licensure 14 9.05 Indemnity 15 9.06 Assignments 15 9.07 Relationship of the Parties 15 9.08 Technical Guidance Letters 16 9.09 Goveming Law and Venue 16 9.11 Survivability 16 9.12 Force Majeure 17 9.13 No Waiver of Provisions 17 9.14 Publicity 17 9.15 Prohibition on Non -compete Restrictions 17 9.16 No Waiver of Sovereign Immunity 17 9.17 Entire Contract and Modification 17 9.18 Counterparts 17 9.19 Proper Authority 18 9.20 Employment Verification 18 9.21 Civil Rights 18 Grantee Uniform Terms and Conditions Page 3 of 19 N. 06.03.16 DocuSign Envelope ID: 2E0079B8-F2CA-4064-8A95-8864BADBEB49 ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS 1.01 Definitions As used in this Contract, unless the context clearly indicates otherwise, the following terms and conditions have the meanings assigned below: "Amendment" means a written agreement, signed by the parties hereto, which documents changes to the Contract other than those permitted by Work Orders or Technical Guidance Letters, as herein defined. "Attachment" means documents, terms, conditions, or additional information physically added to this Contract following the Signature Document or included by reference, as if physically, within the body of this Contract. "Contract" means the Signature Document, these Uniform Terms and Conditions, along with any Attachments, and any Amendments, or Technical Guidance Letters that may be issued by the System Agency, to be incorporated by reference herein for all purposes if issued. "Deliverable" means a work product prepared, developed, or procured by Grantee as part of the Services under the Contract for the use or benefit of the System Agency or the State of Texas. "Effective Date" means the date agreed to by the Parties as the date on which the Contract takes effect. "System Agency" means HHSC or any of the agencies of the State of Texas that are overseen by HHSC under authority granted under State law and the officers, employees, and designees of those agencies. These agencies include: the Department of Aging and Disability Services, the Department of Assistive and Rehabilitative Services, the Department of Family and Protective Services, and the Department of State Health Services. "Federal Fiscal Year" means the period beginning October 1 and ending September 30 each year, which is the annual accounting period for the United States government. "GAAP" means Generally Accepted Accounting Principles. "GASB" means the Governmental Accounting Standards Board. "Grantee" means the Party receiving funds under this Contract, if any. "Health and Human Services Commission" or "HHSC" means the administrative agency established under Chapter 531, Texas Government Code or its designee. "HUB" means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code. "Intellectual Property" means inventions and business processes, whether or not patentable; works of authorship; trade secrets; trademarks; service marks; industrial designs; and creations v. 06.03.16 Grantee Uniform Terms and Conditions Page 4 of 19 DocuSign Envelope ID. 2E0079138-F2CA-4064-8A95-8864BADBEB49 that are subject to potential legal protection incorporated in any Deliverable and first created or developed by Grantee, Grantee's contractor or a subcontractor in performing the Project. "Mentor Protege" means the Comptroller of Public Accounts' leadership program found at: http://www.window.state.tx.us/procurement/prog/hub'mentorprotege.: . "Parties" means the System Agency and Grantee, collectively. "Party" means either the System Agency or Grantee, individually. "Program" means the statutorily authorized activities of the System Agency under which this Contract has been awarded. "Project" means specific activities of the Grantee that are supported by funds provided under this Contract. "Public Information Act" or "PIA" means Chapter 552 of the Texas Government Code. "Statement of Work" means the description of activities performed in completing the Project, as specified in the Contract and as may be amended. "Signature Document" means the document executed by both Parties that specifically sets forth all of the documents that constitute the Contract. "Solicitation" means the document issued by the System Agency under which applications for Program funds were requested, which is incorporated herein by reference for all purposes in its entirety, including all Amendments and Attachments. "Solicitation Response" means Grantee's full and complete response to the Solicitation, which is incorporated herein by reference for all purposes in its entirety, including any Attachments and addenda. "State Fiscal Year" means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. "State of Texas TextraveP' means Texas Administrative Code, Title 34, Part 1, Chapter 5, Subchapter C, Section 5.22, relative to travel reimbursements under this Contract, if any. "Technical Guidance Letter" or "TGL" means an instruction, clarification, or interpretation of the requirements of the Contract, issued by the System Agency to the Grantee. 1.02 Interpretive Provisions a. The meanings of defined terms are equally applicable to the singular and plural forms of the defined terms. b. The words "hereof," "herein," "hereunder," and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified. c. The term "including" is not limiting and means "including without limitation" and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Grantee Uniform Terms and Conditions Page 5 of 19 v. 06.03 16 DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 Amendments and other modifications thereto, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. d. Any references to "sections," "appendices," or "attachments" are references to sections, appendices, or attachments of the Contract. e. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract. f. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract. g. All Attachments within this Contract, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. h. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each will be performed in accordance with its terms. i. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase "in its sole discretion." j. Time is of the essence in this Contract. ARTICLE II PAYMENT METHODS AND RESTRICTIONS 2.01 Payment Methods Except as otherwise provided by the provisions of the Contract, the payment method will be one or more of the following: a. cost reimbursement. This payment method is based on an approved budget and submission of a request for reimbursement of expenses Grantee has incurred at the time of the request; b. unit ratefee-for-service. This payment method is based on a fixed price or a specified rate(s) or fee(s) for delivery of a specified unit(s) of service and acceptable submission of all required documentation, forms and/or reports; or c. advance payment. This payment method is based on disbursal of the minimum necessary funds to carry out the Program or Project where the Grantee has implemented appropriate safeguards. This payment method will only be utilized in accordance with governing law and at the sole discretion of the System Agency. Grantees shall bill the System Agency in accordance with the Contract. Unless otherwise specified in the Contract, Grantee shall submit requests for reimbursement or payment monthly by the last business day of the month following the month in which expenses were incurred or services provided. Grantee shall maintain all documentation that substantiates invoices and make the documentation available to the System Agency upon request. 2.02 Final Billing Submission Unless otherwise provided by the System Agency, Grantee shall submit a reimbursement or payment request as a final close-out invoice not later than forty-five (45) calendar days following Grantee Uniform Terms and Conditions Page 6 of 19 N. 06.03.16 DocuSign Envelope ID. 2E0C79B8-F2CA-4C64-8A95-8864BADBEB49 the end of the term of the Contract. Reimbursement or payment requests received in the System Agency's offices more than forty-five (45) calendar days following the termination of the Contract may not be paid. 2.03 Financial Status Reports (FSRs) Except as otherwise provided in these General Provisions or in the terms of any Program Attachment(s) that is incorporated into the Contract, for contracts with categorical budgets, Grantee shall submit quarterly FSRs to Accounts Payable by the last business day of the month following the end of each quarter of the Program Attachment term for System Agency review and financial assessment. Grantee shall submit the final FSR no later than forty-five (45) calendar days following the end of the applicable term. 2.04 Debt to State and Corporate Status Pursuant to Tex. Gov. Code § 403.055, the Department will not approve and the State Comptroller will not issue payment to Grantee if Grantee is indebted to the State for any reason, including a tax delinquency. Grantee, if a corporation, certifies by execution of this Contract that it is current and will remain current in its payment of franchise taxes to the State of Texas or that it is exempt from payment of franchise taxes under Texas law (Tex. Tax Code §§ 171.001 et seq.). If tax payments become delinquent during the Contract term, all or part of the payments under this Contract may be withheld until Grantee's delinquent tax is paid in full. 2.05 Application of Payment Due Grantee agrees that any payments due under this Contract will be applied towards any debt of Grantee, including but not limited to delinquent taxes and child support that is owed to the State of Texas. 2.06 Use of Funds Grantee shall expend funds provided under this Contract only for the provision of approved services and for reasonable and allowable expenses directly related to those services. 2.07 Use for Match Prohibited Grantee shall not use funds provided under this Contract for matching purposes in securing other funding without the written approval of the System Agency. 2.08 Program Income Income directly generated from funds provided under this Contract or earned only as a result of such funds is Program Income. Unless otherwise required under the Program, Grantee shall use the addition alternative, as provided in UGMS § _.25(g)(2), for the use of Project income to further the Program, and Grantee shall spend the Program Income on the Project. Grantee shall identify and report this income in accordance with the Contract, applicable law, and any programmatic guidance. Grantee shall expend Program Income during the Contract term and may not carry Program Income forward to any succeeding term. Grantee shall refund program income to the System Agency if the Program Income is not expended in the term in which it is earned. The System Agency may base future funding levels, in part, upon Grantee'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. N. 06.03.16 Grantee Uniform Terms and Conditions Page 7 of 19 DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 2.09 Nonsupplanting Grantee shall not use funds from this Contract to replace or substitute for existing funding from other but shall use funds from this Contract to supplement existing state or local funds currently available. Grantee shall make a good faith effort to maintain its current level of support. Grantee may be required to submit documentation substantiating that a reduction in state or local funding, if any, resulted for reasons other than receipt or expected receipt of funding under this Contract. ARTICLE III. STATE AND FEDERAL FUNDING 3.01 Funding This Contract is contingent upon the availability of sufficient and adequate funds. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or agencies, amendment of the Texas General Appropriations Act, agency consolidation, or any other disruptions of current funding for this Contract, the System Agency may restrict, reduce, or terminate funding under this Contract. This Contract is also subject to immediate cancellation or termination, without penalty to the System Agency, if sufficient and adequate funds are not available. Grantee will have no right of action against the System Agency if the System Agency cannot perform its obligations under this Contract as a result of lack of funding for any activities or functions contained within the scope of this Contract. In the event of cancellation or termination under this Section, the System Agency will not be required to give notice and will not be liable for any damages or losses caused or associated with such termination or cancellation. 3.02 No debt Against the State The Contract will not be construed as creating any debt by or on behalf of the State of Texas. 3.03 Debt to State If a payment law prohibits the Texas Comptroller of Public Accounts from making a payment, the Grantee acknowledges the System Agency's payments under the Contract will be applied toward eliminating the debt or delinquency. This requirement specifically applies to any debt or delinquency, regardless of when it arises. 3.04 Recapture of Funds The System Agency may withhold all or part of any payments to Grantee to offset overpayments made to the Grantee. Overpayments as used in this Section include payments (i) made by the System Agency that exceed the maximum allowable rates; (ii) that are not allowed under applicable laws, rules, or regulations; or (iii) that are otherwise inconsistent with this Contract, including any unapproved expenditures. Grantee understands and agrees that it will be liable to the System Agency for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this Contract. Grantee further understands and agrees that reimbursement of such disallowed costs will be paid by Grantee from funds which were not provided or otherwise made available to Grantee under this Contract. Grantee Uniform Terms and Conditions Page 8 of 19 06.03 16 DocuSign Envelope ID: 2E0079B8-F2CA-4064-8A95-8864BADBEB49 ARTICLE IV ALLOWABLE COSTS AND AUDIT REQUIREMENTS 4.01 Allowable Costs. System Agency will reimburse the allowable costs incurred in performing the Project that are sufficiently documented. Grantee must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Contract. The System Agency will determine whether costs submitted by Grantee are allowable and eligible for reimbursement. If the System Agency has paid funds to Grantee for unallowable or ineligible costs, the System Agency will notify Grantee in writing, and Grantee shall return the funds to the System Agency within thirty (30) calendar days of the date of this written notice. The System Agency may withhold all or part of any payments to Grantee to offset reimbursement for any unallowable or ineligible expenditure that Grantee has not refunded to the System Agency, or if financial status report(s) required under the Financial Status Reports section are not submitted by the due date(s). The System Agency may take repayment (recoup) from funds available under this Contract in amounts necessary to fulfill Grantee's repayment obligations. Applicable cost principles, audit requirements, and administrative requirements include - Applicable Entity Applicable Cost Principles Audit Requirements Administrative Requirements State, Local and Tribal Governments 2 CFR, Part 225 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200 and UGMS Educational Institutions 2 CFR, Part 220 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200 and UGMS Non -Profit Organizations 2 CFR, Part 230 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200 and UGMS For-profit Organization other than a hospital and an organization named in OMB Circular A-122 (2 CFR Part, 230) as not subject to that circular. 48 CFR Part 31, Contract Cost Principles Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal or state awarding agency 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200 and UGMS Grantee Uniform Terms and Conditions Page 9 of 19 v. 06.03.16 DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 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. 4.02 Independent Single or Program -Specific Audit If Grantee, within Grantee's fiscal year, expends a total amount of at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) in federal funds awarded, Grantee shall have a single audit or program -specific audit in accordance with the 2 CFR 200. The $750,000 federal threshold amount includes federal funds passed through by way of state agency awards. If Grantee, within Grantee's fiscal year, expends a total amount of at least $750,000 in state funds awarded, Grantee must have a single audit or program -specific audit in accordance with UGMS, State of Texas Single Audit Circular. For-profit Grantees whose expenditures meet or exceed the federal or state expenditure thresholds stated above shall follow the guidelines in 2 CFR 200 or UGMS, as applicable, for their program -specific audits. The HHSC Office of Inspector General (OIG) will notify Grantee to complete the Single Audit Status Registration Form. If Grantee fails to complete the Single Audit Status Form within thirty (30) calendar days after notification by OIG to do so, Grantee shall be subject to the System Agency sanctions and remedies for non-compliance with this Contract. The audit must be conducted by an independent certified public accountant and in accordance with applicable OMB Circulars, Government Auditing Standards, and UGMS. Grantee shall procure audit services in compliance with this section, state procurement procedures, as well as with the provisions of UGMS 4.03 Submission of Audit Within thirty (30) calendar days of receipt of the audit reports required by the Independent Single or Program -Specific Audit section, Grantee shall submit one copy to the System Agency as directed in this Contract. The Grantee will also submit a copy of the Independent Single or Program -Specific Audit to the OIG, at the following address: 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 OIG should be addressed as follows: Dani. fieldin g(aihhsc. state.tx.us If Grantee 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 Grantee of an audit report, Grantee shall be subject to the System Agency sanctions and remedies for non-compliance with this Contract. N. 06.03.16 Grantee Uniform Terms and Conditions Page 10 of 19 DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 ARTICLE V AFFIRMATIONS, ASSURANCES AND CERTIFICATIONS 5.01 General Affirmations Grantee certifies that, to the extent General Affirmations are incorporated into the Contract under the Signature Document, the General Affirmations have been reviewed and that Grantee is in compliance with each of the requirements reflected therein. 5.02 Federal Assurances Grantee further certifies that, to the extent Federal Assurances are incorporated into the Contract under the Signature Document, the Federal Assurances have been reviewed and that Grantee is in compliance with each of the requirements reflected therein. 5.03 Federal Certifications Grantee further certifies, to the extent Federal Certifications are incorporated into the Contract under the Signature Document, that the Federal Certifications have been reviewed, and that Grantee is in compliance with each of the requirements reflected therein. In addition, Grantee certifies that it is in compliance with all applicable federal laws, rules, or regulations, as they may pertain to this Contract. ARTICLE VI OWNERSHIP AND INTELLECTUAL PROPERTY 6.01 Ownership The System Agency will own, and Grantee hereby assigns to the System Agency, all right, title, and interest in all Deliverables. 6.02 Intellectual Property a. The System Agency and Grantee will retain ownership, all rights, title, and interest in and to, their respective pre-existing Intellectual Property. A license to either Party's pre-existing Intellectual Property must be agreed to under this or another contract. b. Grantee grants to the System Agency and the State of Texas a royalty -free, paid up, worldwide, perpetual, non-exclusive, non -transferable license to use any Intellectual Property invented or created by Grantee, Grantee's contractor, or a subcontractor in the performance of the Project. Grantee will require its contractors to grant such a license under its contracts. ARTICLE VII RECORDS, AUDIT, AND DISCLOSURE 7.01 Books and Records Grantee will keep and maintain under GAAP or GASB, as applicable, full, true, and complete records necessary to fully disclose to the System Agency, the Texas State Auditor's Office, the United States Government, and their authorized representatives sufficient information to determine compliance with the terms and conditions of this Contract and all state and federal rules, regulations, and statutes. Unless otherwise specified in this Contract, Grantee will maintain legible copies of this Contract and all related documents for a minimum of seven (7) years after the termination of the contract period or seven (7) years after the completion of any litigation or dispute involving the Contract, whichever is later. Grantee Uniform Terms and Conditions Page 11 of 19 v. 06.03.16 DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 7.02 Access to records, books, and documents In addition to any right of access arising by operation of law, Grantee and any of Grantee's affiliate or subsidiary organizations, or Subcontractors will permit the System Agency or any of its duly authorized representatives, as well as duly authorized federal, state or local authorities, unrestricted access to and the right to examine any site where business is conducted or 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 the Contract includes federal funds, federal agencies that will have a right of access to records as described in this section include: the federal agency providing the funds, the Comptroller General of the United States, the General Accounting Office, the Office of the Inspector General, and any of their authorized representatives. In addition, agencies of the State of Texas that will have a right of access to records as described in this section include: the System Agency, HHSC, HHSC's contracted examiners, the State Auditor's Office, the Texas Attorney General's Office, and any successor agencies. Each of these entities may be a duly authorized authority. If deemed necessary by the System Agency or any duly authorized authority, for the purpose of investigation or hearing, Grantee will produce original documents related to this Contract. The System Agency and any duly authorized authority will have the right to audit billings both before and after payment, and all documentation that substantiates the billings. Grantee will include this provision concerning the right of access to, and examination of, sites and information related to this Contract in any Subcontract it awards. 7.03 Response/compliance with audit or inspection findings a. Grantee must act to ensure its and its Subcontractor's compliance with all corrections necessary to address any finding of noncompliance with any law, regulation, audit requirement, or generally accepted accounting principle, or any other deficiency identified in any audit, review, or inspection of the Contract and the goods or services provided hereunder. Any such correction will be at Grantee or its Subcontractor's sole expense. Whether Grantee's action corrects the noncompliance will be solely the decision of the System Agency. b. As part of the Services, Grantee must provide to HHSC upon request a copy of those portions of Grantee's and its Subcontractors' internal audit reports relating to the Services and Deliverables provided to the State under the Contract. 7.04 SAO Audit Grantee understands that acceptance of funds directly under the Contract or indirectly through a Subcontract under the Contract acts as acceptance of the authority of the State Auditor's Office (SAO), or any successor agency, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the SAO must provide the SAO with access to any information the SAO considers relevant to the investigation or audit. Grantee agrees to cooperate fully with the SAO or its successor in the conduct of the audit or investigation, including providing all records requested. Grantee will ensure that this clause concerning the authority to audit funds received indirectly by Subcontractors through Grantee and the requirement to cooperate is included in any Subcontract it awards. 1..06.03.16 Grantee Uniform Terms and Conditions Page 12 of 19 DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 7.05 Confidentiality Any specific confidentiality agreement between the Parties takes precedent over the terms of this section. To the extent permitted by law, Grantee agrees to keep all information confidential, in whatever form produced, prepared, observed, or received by Grantee. The provisions of this section remain in full force and effect following termination or cessation of the services performed under this Contract. 7.06 Public Information Act Information related to the performance of this Contract may be subject to the PIA and will be withheld from public disclosure or released only in accordance therewith. Grantee must make all information not otherwise excepted from disclosure under the PIA available in portable document file (".pdf') format or any other format agreed between the Parties. ARTICLE VIII CONTRACT MANAGEMENT AND EARLY TERMINATION 8.01 Contract Management To ensure full performance of the Contract and compliance with applicable law, the System Agency may take actions including: a. Suspending all or part of the Contract; b. Requiring the Grantee to take specific corrective actions in order to remain in compliance with term of the Contract; c. Recouping payments made to the Grantee found to be in error; d. Suspending, limiting, or placing conditions on the continued performance of the Project; e. Imposing any other remedies authorized under this Contract; and f. Imposing any other remedies, sanctions or penalties permitted by federal or state statute, law, regulation, or rule. 8.02 Termination for Convenience The System Agency may terminate the Contract at any time when, in its sole discretion, the System Agency determines that termination is in the best interests of the State of Texas. The termination will be effective on the date specified in HHSC's notice of termination. 8.03 Termination for Cause Except as otherwise provided by the U.S. Bankruptcy Code, or any successor law, the System Agency may terminate the Contract, in whole or in part, upon either of the following conditions: a. Material Breach The System Agency will have the right to terminate the Contract in whole or in part if the System Agency determines, at its sole discretion, that Grantee has materially breached the Contract or has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction and such violation prevents or substantially impairs performance of Grantee's duties under the Contract. Grantee's misrepresentation in any aspect of Grantee's Solicitation Response, if any or Grantee's addition to the Excluded Parties List System (EPLS) will also constitute a material breach of the Contract. b. Failure to Maintain Financial Viability Grantee Uniform Terms and Conditions Page 13 of 19 v. 06.03 16 DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 The System Agency may terminate the Contract if, in its sole discretion, the System Agency has a good faith belief that Grantee no longer maintains the financial viability required to complete the Services and Deliverables, or otherwise fully perform its responsibilities under the Contract. 8.04 Equitable Settlement Any early termination under this Article will be subject to the equitable settlement of the respective interests of the Parties up to the date of termination. ARTICLE IX MISCELLANEOUS PROVISIONS 9.01 Amendment The Contract may only be amended by an Amendment executed by both Parties. 9.02 Insurance Unless otherwise specified in this Contract, Grantee will acquire and maintain, for the duration of this Contract, insurance coverage necessary to ensure proper fulfillment of this Contract and potential liabilities thereunder with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the industry as determined by the System Agency. Grantee will provide evidence of insurance as required under this Contract, including a schedule of coverage or underwriter's schedules establishing to the satisfaction of the System Agency the nature and extent of coverage granted by each such policy, upon request by the System Agency. In the event that any policy is determined by the System Agency to be deficient to comply with the terms of this Contract, Grantee will secure such additional policies or coverage as the System Agency may reasonably request or that are required by law or regulation. If coverage expires during the term of this Contract, Grantee must produce renewal certificates for each type of coverage. These and all other insurance requirements under the Contract apply to both Grantee and its Subcontractors, if any. Grantee is responsible for ensuring its Subcontractors' compliance with all requirements. 9.03 Legal Obligations Grantee will comply with all applicable federal, state, and local laws, ordinances, and regulations, including all federal and state accessibility laws relating to direct and indirect use of information and communication technology. Grantee will be deemed to have knowledge of all applicable laws and regulations and be deemed to understand them. In addition to any other act or omission that may constitute a material breach of the Contract, failure to comply with this Section may also be a material breach of the Contract. 9.04 Permitting and Licensure At Grantee's sole expense, Grantee will procure and maintain for the duration of this Contract any state, county, city, or federal license, authorization, insurance, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by Grantee to provide the goods or Services required by this Contract. Grantee will be responsible for payment of all taxes, assessments, fees, premiums, permits, and licenses required by law. Grantee agrees to be responsible for payment of any such government obligations not paid by its contactors or subcontractors during performance of this Contract. Grantee Uniform Terms and Conditions Page 14 of 19 v. 06.03.16 DocuSign Envelope ID. 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 9.05 Indemnity To THE EXTENT ALLOWED BY LAW, GRANTEE WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS AND ITS OFFICERS AND EMPLOYEES, AND THE SYSTEM AGENCY 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: a. GRANTEE'S PERFORMANCE OF THE CONTRACT, INCLUDING ANY NEGLIGENT ACTS OR OMISSIONS OF GRANTEE, OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF GRANTEE, OR ANY THIRD PARTY UNDER THE CONTROL OR SUPERVISION OF GRANTEE, IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT; OR b. ANY BREACH OR VIOLATION OF A STATUTE, ORDINANCE, GOVERNMENTAL REGULATION, STANDARD, RULE, OR BREACH OF CONTRACT BY GRANTEE, ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF GRANTEE, OR ANY THIRD PARTY UNDER THE CONTROL OR SUPERVISION OF GRANTEE, IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT; OR C. EMPLOYMENT OR ALLEGED EMPLOYMENT, INCLUDING CLAIMS OF DISCRIMINATION AGAINST GRANTEE, ITS OFFICERS, OR ITS AGENTS; OR d. 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. GRANTEE WILL COORDINATE ITS DEFENSE WITH THE SYSTEM AGENCY AND ITS COUNSEL. THIS PARAGRAPH IS NOT INTENDED TO AND WILL NOT BE CONSTRUED TO REQUIRE GRANTEE TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE SYSTEM AGENCY FOR ANY CLAIMS OR LIABILITIES RESULTING SOLELY FROM THE GROSS NEGLIGENCE OF THE SYSTEM AGENCY OR ITS EMPLOYEES. THE PROVISIONS OF THIS SECTION WILL SURVIVE TERMINATION OF THIS CONTRACT. 9.06 Assignments Grantee may not assign all or any portion of its rights under, interests in, or duties required under this Contract without prior written consent of the System Agency, which may be withheld or granted at the sole discretion of the System Agency. Except where otherwise agreed in writing by the System Agency, assignment will not release Grantee from its obligations under the Contract. Grantee understands and agrees the System Agency may in one or more transactions assign, pledge, or transfer the Contract. This assignment will only be made to another State agency or a non -state agency that is contracted to perform agency support. 9.07 Relationship of the Parties Grantee is, and will be, an independent contractor and, subject only to the terms of this Contract, will have the sole right to supervise, manage, operate, control, and direct performance of the details incident to its duties under this Contract. Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture, to create relationships of an employer-employee or principal -agent, or to otherwise create for the System Agency any Grantee Uniform Terms and Conditions Page 15 of 19 c. 06.03.16 DocuSign Envelope ID 2E0C79B8-F2CA-4C64-8A95-8864BADBEB49 liability whatsoever with respect to the indebtedness, liabilities, and obligations of Grantee or any other Party. Grantee will be solely responsible for, and the System Agency will have no obligation with respect to: a. Payment of Grantee's employees for all Services performed; b. Ensuring each of its employees, agents, or Subcontractors who provide Services or Deliverables under the Contract are properly licensed, certified, or have proper permits to perform any activity related to the Work; c. Withholding of income taxes, FICA, or any other taxes or fees; d. Industrial or workers' compensation insurance coverage; e. Participation in any group insurance plans available to employees of the State of Texas; f. Participation or contributions by the State to the State Employees Retirement System; g. Accumulation of vacation leave or sick leave; or h. Unemployment compensation coverage provided by the State. 9.08 Technical Guidance Letters In the sole discretion of the System Agency, and in conformance with federal and state law, the System Agency may issue instructions, clarifications, or interpretations as may be required during Work performance in the form of a Technical Guidance Letter. A TGL must be in writing, and may be delivered by regular mail, electronic mail, or facsimile transmission. Any TGL issued by the System Agency will be incorporated into the Contract by reference herein for all purposes when it is issued. 9.09 Governing Law and Venue This Contract and the rights and obligations of the Parties hereto will be governed by, and construed according to, the laws of the State of Texas, exclusive of conflicts of law provisions. Venue of any suit brought under this Contract will be in a court of competent jurisdiction in Travis County, Texas unless otherwise elected by the System Agency. Grantee irrevocably waives any objection, including any objection to personal jurisdiction or the laying of venue or based on the grounds of forum non conveniens, which it may now or hereafter have to the bringing of any action or proceeding in such jurisdiction in respect of this Contract or any document related hereto. 9.10 Severability If any provision contained in this Contract is held to be unenforceable by a court of law or equity, this Contract will be construed as if such provision did not exist and the non - enforceability of such provision will not be held to render any other provision or provisions of this Contract unenforceable. 9.11 Survivability Termination or expiration of this Contract or a Contract for any reason will not release either party from any liabilities or obligations in this Contract that the parties have expressly agreed will survive any such termination or expiration, remain to be performed, or by their nature would be intended to be applicable following any such termination or expiration, including maintaining confidentiality of information and records retention. Grantee Uniform Terms and Conditions Page 16 of 19 06.03.16 DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 9.12 Force Majeure Except with respect to the obligation of payments under this Contract, if either of the Parties, after a good faith effort, is prevented from complying with any express or implied covenant of this Contract by reason of war; terrorism; rebellion; riots; strikes; acts of God; any valid order, rule, or regulation of governmental authority; or similar events that are beyond the control of the affected Party (collectively referred to as a "Force Majeure"), then, while so prevented, the affected Party's obligation to comply with such covenant will be suspended, and the affected Party will not be liable for damages for failure to comply with such covenant. In any such event, the Party claiming Force Majeure will promptly notify the other Party of the Force Majeure event in writing and, if possible, such notice will set forth the extent and duration thereof. 9.13 No Waiver of Provisions Neither failure to enforce any provision of this Contract nor payment for services provided under it constitute waiver of any provision of the Contract. 9.14 Publicity Except as provided in the paragraph below, Grantee must not use the name of, or directly or indirectly refer to, the System Agency, the State of Texas, or any other State agency in any media release, public announcement, or public disclosure relating to the Contract or its subject matter, including in any promotional or marketing materials, customer lists, or business presentations. Grantee may publish, at its sole expense, results of Grantee performance under the Contract with the System Agency's prior review and approval, which the System Agency may exercise at its sole discretion. Any publication (written, visual, or sound) will acknowledge the support received from the System Agency and any Federal agency, as appropriate. 9.15 Prohibition on Non -compete Restrictions Grantee will not require any employees or Subcontractors to agree to any conditions, such as non -compete clauses or other contractual arrangements that would limit or restrict such persons or entities from employment or contracting with the State of Texas. 9.16 No Waiver of Sovereign Immunity Nothing in the Contract will be construed as a waiver of sovereign immunity by the System Agency. 9.17 Entire Contract and Modification The Contract constitutes the entire agreement of the Parties and is intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. Any additional or conflicting terms in any future document incorporated into the Contract will be harmonized with this Contract to the extent possible by the System Agency. 9.18 Counterparts This Contract may be executed in any number of counterparts, each of which will be an original, and all such counterparts will together constitute but one and the same Contract. Grantee Uniform Terms and Conditions Page 17 of 19 v. 06.03.16 DocuSign Envelope ID. 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 9.19 Proper Authority Each Party hereto represents and warrants that the person executing this Contract on its behalf has full power and authority to enter into this Contract. Any Services or Work performed by Grantee before this Contract is effective or after it ceases to be effective are performed at the sole risk of Grantee with respect to compensation. 9.20 Employment Verification Grantee will confirm the eligibility of all persons employed during the contract term to perform duties within Texas and all persons, including subcontractors, assigned by the contractor to perform work pursuant to the Contract. 9.21 Civil Rights a. Grantee agrees to comply with state and federal anti -discrimination laws, including: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.); 2. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794); 3. Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); 4. Age Discrimination Act of 1975 (42 U.S.C. §§6101-6107); 5. Title D( of the Education Amendments of 1972 (20 U.S.C. §§1681-1688); 6. Food and Nutrition Act of 2008 (7 U.S.C. §2011 et seq.); and 7. The System Agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Agreement. Grantee agrees to comply with all amendments to the above -referenced laws, and all requirements imposed by the regulations issued pursuant to these laws. These laws provide in part that no persons in the United States may, on the grounds of race, color, national origin, sex, age, disability, political beliefs, or religion, be excluded from participation in or denied any aid, care, service or other benefits provided by Federal or State funding, or otherwise be subjected to discrimination. b. Grantee agrees to comply with Title VI of the Civil Rights Act of 1964, and its implementing regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15, prohibiting a contractor from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities on the basis of national origin. State and federal civil rights laws require contractors to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Grantee agrees to take reasonable steps to provide services and information, both orally and in writing, in appropriate languages other than English, in order to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities. c. Grantee agrees to post applicable civil rights posters in areas open to the public informing clients of their civil rights and including contact information for the HHS Civil Rights Office. The posters are available on the HHS website at: http://www.hhsc.state.tx.us,about hhsc:'civil-rights/brochures-posters.shtml Grantee Uniform Terms and Conditions Page 18 of 19 v. 06 03.16 DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 d. Grantee agrees to comply with Executive Order 13279, and its implementing regulations at 45 C.F.R. Part 87 or 7 C.F.R. Part 16. These provide in part that any organization that participates in programs funded by direct financial assistance from the United States Department of Agriculture or the United States Department of Health and Human Services shall not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. e. Upon request, Grantee will provide HHSC Civil Rights Office with copies of all of the Grantee's civil rights policies and procedures. f. Grantee must notify HHSC's Civil Rights Office of any civil rights complaints received relating to its performance under this Agreement. This notice must be delivered no more than ten (10) calendar days after receipt of a complaint. Notice provided pursuant to this section must be directed to: HHSC Civil Rights Office 701 W. 51st Street, Mail Code W206 Austin, Texas 78751 Phone Toll Free: (888) 388-6332 Phone: (512) 438-4313 TTY Toll Free: (877) 432-7232 Fax: (512) 438-5885. Grantee Uniform Terms and Conditions Page 19 of 19 N. 06.03.16 DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 GENERAL AFFIRMATIONS By entering into this Contract, Contractor affirms, without exception, as follows: 1. Contractor represents and warrants that these General Affiriations apply to Contractor and all of Contractor's principals, officers, directors, shareholders, partners, owners, agents, employees, Subcontractors, independent contractors, and any other representatives who may provide services under, who have a financial interest in, or otherwise are interested in this Contract. 2. Contractor represents and warrants that all statements and information provided to the Enterprise Agency are current, complete, and accurate. This includes all statements and information relating in any manner to this Contract and any solicitation resulting in this Contract. 3. Contractor has not given, has not offered to give, and does not intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this Contract. 4. Under Section 2155.004, Texas Government Code (relating to financial participation in preparing solicitations), Contractor certifies that it is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 5. Under Section 2155.006, Texas Government Code (relating to convictions and penalties regarding Hurricane Rita, Hurricane Katrina, and other disasters), Contractor certifies that h is not ineligible to receive this Contract end acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 6. Under Section 2261.053, Texas Government Code (relating to convictions and penalties regarding Hurricane Rita, Hurricane Katrina, and other disasters), Contractor certifies that it is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 7. Under Section 231.006, Texas Family Code (relating to delinquent child support), Contractor certifies that it is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate. 8. Contractor certifies that: (a) the entity executing this Contract; (b) its principals; (c) its Subcontractors; and (d) any personnel designated to perform services related to this Contract are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal Department or Agency. This certification is made pursuant to the regulations implementing Executive Order 12549 and Executive Order 12689, Debarment and Suspension, 2 C.F.R. Part 376, and any relevant regulations promulgated by the Department or Agency funding this project. This provision shall be included in its entirety in Contractor's Subcontracts if payment in whole or in part is from federal funds. 9. Contractor certifies that h, its principals, its Subcontractors, and any personnel designated to perform services related to this Contract are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity. 10. Contractor certifies it is in compliance with all State of Texas statutes and rules relating to procurement; and that (a) the entity executing this Contract; (b) its principals; (c) its Subcontractors, and (d) any personnel designated to perform services related to this Contract are not listed on the federal government's terrorism watch list described in Executive Order 13224. Entities ineligible for federal procurement are listed at bttns://www.sam.ggviportaypublic/SAMi, which Contractor may Enterprise Agency Contract No. 2017-049800-001 Page 1 of 3 DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 review in making this certification. Contractor acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. This provision shall be included in its entirety in Contractor's Subcontracts if payment in whole or in part is from federal funds. 11. In accordance with Texas Government Code Section 669.003 (relating to contracting with the executive head of a state agency), Contractor certifies that it (1) is not the executive head of the Enterprise Agency; (2) was not at any time during the past four years the executive head of the Enterprise Agency; and (3) does not employ a current or former executive head of the Enterprise Agency. 12. Contractor represents and warrants that it is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171 of the Texas Tax Code. 13. Contractor represents and warrants that payments to Contractor and Contractor's receipt of appropriated or other funds under this Contract are not prohibited by Sections 556.005, 556.0055, or 556.008 of the Texas Government Code (relating to use of appropriated money or state funds to employ or pay lobbyists, lobbying expenses, or influence legislation). 14. Contractor represents and warrants that it will comply with Texas Government Code Section 2155.4441, relating to the purchase of products produced in the State of Texas under service contracts. 15. Pursuant to Section 2252.901, Texas Government Code (relating to prohibitions regarding contracts with and involving former and retired state agency employees), Contractor will not allow any former employee of the Enterprise Agency to perform services under this Contract during the twelve (12) month period immediately following the employee's last date of employment at the Enterprise Agency. 16. Contractor acknowledges that, pursuant to Section 572.069 of the Texas Government Code, a former state officer or employee of the Enterprise Agency who during the period of state service or employment participated on behalf of the Enterprise Agency in a procurement or contract negotiation involving Contractor may not accept employment from Contractor before the second anniversary of the date the officer's or employee's service or employment with the Enterprise Agency ceased. 17. Contractor understands that the Enterprise Agency does not tolerate any type of fraud. The Enterprise Agency's policy is to promote consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. All employees or contractors who suspect fraud, waste or abuse (including employee misconduct that would constitute fraud, waste, or abuse) are required to immediately report the questionable activity to both the Health and Human Services Commission's Office of the Inspector General at 1-800-436-6184 and the State Auditor's Office. Contractor agrees to comply with all applicable laws, rules, regulations, and Enterprise Agency policies regarding fraud including, but not limited to, HHS Circular C-027. 18. Contractor represents and warrants that it has not violated state or federal antitrust laws and has not communicated its bid for this Contract directly or indirectly to any competitor or any other person engaged in such line of business. Contractor hereby assigns to Enterprise Agency any claims for overcharges associated with this Contract under 15 U.S.C. § 1, el seq., and Texas Business and Commerce Code § 15.01, et seq. 19. Contractor represents and warrants that it is not aware of and has received no notice of any court or governmental agency proceeding, investigation, or other action pending or threatened against Contractor or any of the individuals or entities included numbered paragraph 1 of these General Affirmations within the five (5) calendar years immediately preceding the execution of this Contract that would or could impair Contractor's performance under this Contract, relate to the contracted or similar goods or services, or otherwise be relevant to the Enterprise Agency's consideration of entering Enterprise Agency Contract No. 2017-049800-001 Page 2 of 3 DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 into this Contract. If Contractor is unable to make the preceding representation and warranty, then Contractor instead represents and warrants that it has provided to the Enterprise Agency a complete, detailed disclosure of any such court or governmental agency proceeding, investigation, or other action that would or could impair Contractor's performance under this Contract, relate to the contracted or similar goods or services, or otherwise be relevant to the Enterprise Agency's consideration of entering into this Contract. In addition, Contractor represents and warrants that it shall notify the Enterprise Agency in writing within five (5) business days of any changes to the representations or warranties in this clause and understands that failure to so timely update the Enterprise Agency shall constitute breach of contract and may result in immediate termination of this Contract. 20. Contractor understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract. 21. Contractor represents and warrants that it will comply with all applicable laws and maintain all permits and licenses required by applicable city, county, state, and federal rules, regulations, statues, codes, and other laws that pertain to this Contract. 22. Contractor represents and warrants that the individual signing this Contract is authorized to sign on behalf of Contractor and to bind Contractor. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Enterprise Agency Contract No. 2017-049800-001 Page 3 of 3 DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 ATTACHMENT D SUPPLEMENTAL & SPECIAL CONDITIONS SUPPLEMENTAL CONDITIONS THE FOLLOWING SUPPLEMENTAL CONDITIONS APPLY TO THIS CONTRACT AND MODIFY THE HHS UNIFORM TERMS AND CONDITIONS Section 2.03 Financial Status Reports (FSRs), of the Health and Human Services Commission Uniform Terms and Conditions — Grant, Version 2.13, is revised to read as follows: Except as otherwise provided in these Uniform Terms and Conditions or in the terms of any Attachment(s) that is incorporated into the Contract, for contracts with categorical budgets, Grantee shall submit quarterly FSRs to DSHS Contract Development and Support Branch (CDSB) by the last business day of the month following the end of each quarter of the Program Attachment term for System Agency review and financial assessment. Grantee shall submit the fmal FSR no later than forty-five (45) calendar days following the end of the applicable term. Article IV, Allowable Costs and Audit Requirements of the Health and Human Services Commission Uniform Terms and Conditions — Grant, Version 2.13 is modified to include: 4.04 Cost Allocation Plan. a. Grantee shall implement and follow the applicable Cost Allocation Plan. b. Grantee shall submit a Cost Allocation Plan on the format approved by System Agency to the DSHS Contract Oversight and Support Section, Mail Code 1326, P.O. Box 149347, Austin, Texas 78714-9347, or by email to: coscapedshs.state.tx.us, or to such other email address or follow such other process as requested by System Agency, no later than the 60th calendar day after the effective date of the Contract, except when a Grantee has a current Cost Allocation Plan on file with the System Agency. If Grantee's plan is the same as the plan previously submitted to System Agency, by signing this Contract, Grantee 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, Grantee 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 9.21 Civil Rights, of the Health and Human Services Commission Uniform Terms and Conditions — Grant, Version 2.13, is modified to add the following: g. Grantee shall comply with all provisions required by implementing the regulations of the Department of Agriculture, 7 CFR Part 246, 248; Department of Justice Guidelines for Enforcement of Title VI; 28 CFR § 50.3 and 28 CFR Part 42; and Food & Nutrition Service (FNS) directives and guidelines, to the effect that no person will, on the grounds of race, color, national origin, sex, age, or disability be excluded from participation under any program or activity for which Grantee receives federal financial assistance from FNS; and hereby gives assurance that it shall immediately take measures necessary to implement this Contract. h. Grantee shall compile data, maintain records and submit reports, as required, to permit effective enforcement of the nondiscrimination laws and permit authorized USDA and System Agency personnel, during normal working hours, to review such records, books, and accounts as needed to ascertain compliance with the nondiscrimination laws. The Department of Agriculture, Food and Nutrition Service (USDA), has the right to seek judicial enforcement if Grantee violates any nondiscrimination laws. This Assurance is binding on Grantee, its successors, transferees, and assignees, as long as they receive assistance or retain possession of any assistance from the v. 03.10.2016 Page 1 Non -Profit DocuSign Envelope ID: 2E0079B8-F2CA-4064-8A95-8864BADBEB49 ATTACHMENT D SUPPLEMENTAL & SPECIAL CONDITIONS Department of Agriculture. The person or persons whose signatures appear on the Contract are authorized to sign this Assurance on behalf of Grantee. Article IX Miscellaneous Provisions of the Health and Human Services Commission Uniform Terms and Conditions — Grant, Version 2.13, is modified by adding the following: Section 9.22 Equipment and Supplies a. Reportable Capital Assets. Grantee shall maintain an inventory of reportable capital assets placed in the custody of the Grantee by System Agency. Grantee shall conduct an annual inventory for each administrative and clinic site and submit to DSHS Property Management in a format and upon a delivery date designated by System Agency. Grantee shall administer a program of maintenance, repair and protection of assets under this Contract so as to assure their full availability and usefulness. In the event Grantee is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the assess provided under this Contract, it shall use the proceeds to repair or replace said assets. b. Grant Purchased 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. Grantee shall inventory all equipment, and report the inventory on the DSHS Contractor's Property Inventory Report form. c. Supplies. 1. Supplies are defined as consumable items necessary to carry out the services under this Contract including medical supplies, drugs, janitorial supplies, office supplies, patient educational supplies, software, and any items of tangible personal property other than those defined as equipment above. 2. 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. 3. Prior approval by System Agency of the purchase of Controlled Assets is not required, but such purchases must be reported on the DSHS Contractor's Property Inventory Form as detailed in this section. d. Property Inventory and Protection of Assets. 1. Grantee shall maintain an inventory of equipment, supplies defined as controlled assets, and property described in this Section and submit an annual cumulative report of the equipment and other property on DSHS Contractor's Property Inventory Report to the DSHS Contract Oversight and Support Section, Mail Code 1326, P.O. Box 149347, Austin, Texas 78714-9347, no later than October 15th of each year. The report is located at: http:www.dshs.statc.tx.us contracts forms.shtm. 2. Grantee shall maintain, repair, and protect assets under this Contract to assure their full availability and usefulness. v. 03.10.2016 Page 2 Non -Profit DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 ATTACHMENT D SUPPLEMENTAL & SPECIAL CONDITIONS 3. If Grantee is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the assets provided or obtained under this Contract, Grantee shall use the proceeds to repair or replace those assets. e. Assets as Collateral Prohibited. Grantees on a cost reimbursement payment method shall not encumber equipment purchased with System Agency funds without prior written approval from the System Agency. f. Disposition of Property. 1. Grantee 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 System Agency 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. g- 2. 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. 3. 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, Grantee shall request disposition approval and instructions in writing from the contract manager assigned to this Contract. 4. After an item reaches the end of its useful life, Grantee shall ensure that disposition of any equipment is in accordance with Generally Accepted Accounting Principles, and any applicable federal guidance. 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, Grantee shall submit to the contract manager assigned to this, an inventory of equipment purchased with grant funds and request disposition instructions for such equipment. All equipment purchased with grant funds must be secured by Grantee at the time of Closeout, or termination of this Contract, and must be disposed of according to System Agency's disposition instructions, which may include return of the equipment to System Agency or transfer of possession to another System Agency contractor, at Grantee's expense. Article IX Miscellaneous Provisions of the Health and Human Services Commission Uniform Terms and Conditions — Grant, Version 2.13, is modified by adding the following: Section 9.23 Contracts with Subrecipient and Vendor Subcontractors. a. Grantee may enter into contracts with subrecipient subcontractors unless restricted or otherwise prohibited in the Contract. b. Prior to entering into a subrecipient agreement equaling or exceeding $100,000, Grantee shall obtain written approval from System Agency. v. 03.10.2016 Page 3 Non -Profit DocuSign Envelope ID. 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 ATTACHMENT D SUPPLEMENTAL & SPECIAL CONDITIONS c. Grantee shall establish written policies and procedures for competitive procurement and monitoring of subcontracts and shall produce a subcontracting monitoring plan. d. Grantee shall monitor subrecipient subcontractors for both financial and programmatic performance and shall maintain pertinent records that must be available for inspection by System Agency. e. Grantee shall ensure that subcontractors are fully aware of the requirements placed upon them by state/federal statutes, rules, and regulations and by the provisions of this Contract. f. Contracts with all subcontractors, whether vendor or subrecipient, must be in writing and include the following: 1. Name and address of all parties and the subcontractor's Vendor Identification Number (VIN) or Employee Identification Number (EIN); 2. Detailed description of the services to be provided; 3. Measurable method and rate of payment and total not -to -exceed amount of the contract; 4. Clearly defined and executable termination clause; and 5. Beginning and ending dates that coincide with the dates of the Contract. g. Grantee is responsible to System Agency for the performance of any subcontractor. Article VIII Contract Management and Early Termination Provision of the Health and Human Services Commission Uniform Terms and Conditions — Grant, Version 2.13, is modified by adding the following: 8.05 Termination by Grantee If Grantee seeks to terminate this Contract, Grantee shall give System Agency no less than sixty (60) calendar days prior written notice and shall submit a transition plan to ensure client services are not disrupted. SPECIAL CONDITIONS Section 1.01 Notice of Legal Matter or Litigation. Grantee shall notify the contract manager assigned to this Contract of any litigation or legal matter related to or affecting this Contract within seven calendar days of becoming aware of the litigation or legal matter. Section 1.02 Notice of a Contract Action. Grantee shall notify their assigned contract manager assigned to the Contract if Grantee has had any contract suspended or terminated for cause by any local, state or federal department or agency or nonprofit entity within five days of becoming aware of the action and include the following: 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. Section 1.03 Notice of Bankruptcy. Grantee shall notify in writing their assigned contract manager of its plan to seek bankruptcy protection within five days of such action by Grantee. Section 1.04 Notice of Criminal Activity and Disciplinary Actions. v. 03.10.2016 Page 4 Non -Profit DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 ATTACHMENT D SUPPLEMENTAL & SPECIAL CONDITIONS a. Grantee shall immediately report in writing the contract manager assigned to the Contract when the Grantee has knowledge or reason to believe any that they or any person with ownership or controlling interest in the organization/business, or their agent, employee, subContractor or volunteer that is 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; and 2. Reasonably would constitute grounds for disciplinary action by a state or federal regulatory authority; or 3. 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. b. Grantee 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 System Agency. Section 1.05 Grantee's Notification of Change of Contact Person or Key Personnel. Within ten days shall notify in writing the contract manager assigned to the Contract of any change enumerated in the Grantee's Contact Person or Key Personnel. Section 1.06 Notice of IRS or TWC Insolvency. Grantee shall notify in writing their assigned contract manager their insolvency, incapacity or outstanding unpaid obligations to the Internal Revenue Service (IRS) or Texas Workforce Commission within 5 days of the date of becoming aware of such. Section 1.07 Disaster Services. In the ex ent 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, Grantee may be called upon to assist System Agency in providing the following services: a. Community evacuation; b. Health and medical assistance; c. Assessment of health and medical needs; d. Health surveillance; e. Medical care personnel; f. Health and medical equipment and supplies; g. Patient evacuation; h. In-hospital care and hospital facility status; i. Food, drug and medical device safety; j. Worker health and safety; k. Mental health and substance abuse; 1. Public health information; m. Vector control and veterinary ser ices; and n. Victim identification and mortuary services. Section 1.08 Consent by Non -Parent or Other State Law to Medical Care of a Minor. Unless federal law applies, when a Grantee provides medical, dental, psychological or surgical treatment to a minor without parental consent, either directly or through contracts Ntiith subContractors, before the Grantee provides treatment to minor unless informed consent to treatment is obtained pursuant to Texas Family Code Chapter 32. v. 0 3 . 1 0 . 2 0 1 6 Page 5 Non -Profit DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 ATTACHMENT D SUPPLEMENTAL & SPECIAL CONDITIONS Section 1.09 Services and Information for Persons with Limited English Proficiency. a. Grantee 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. Grantee 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. Grantee shall make every effort to av oid 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. Section 1.10 Third Party Payors. Except as provided in this Contract, Grantee shall screen all clients and may not bill the System Agency for services eligible for reimbursement from third party payors, vti ho 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 Grantee 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 System Agency 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 System Agency for the deductible; d. Not bill the System Agency for any services eligible for third party reimbursement until all appeals to third party payors have been exhausted; e. Maintain appropriate documentation from the third party payor reflecting attempts to obtain reimbursement; f. Bill all third party payors for services provided under this Contract before submitting any request for reimbursement to System Agency: and g. Provide third party billing functions at no cost to the client. Section 1.11 HIS/AIDS Model Workplace Guidelines. Grantee shall implement System Agency's policies based on the Htunan Immtmodeficiency Virus Acquired Immunodeficiency Syndrome (HIV AIDS), AIDS Model Workplace Guidelines for Businesses at http://www.dshs.state.tx.us/hivstd;policy policies.shtm, State Agencies and State Grantees Policy No. 090.021. Grantee 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. Section 1.12 Medical Records Retention. Grantee shall retain medical records in accordance with 22 TAC §165.1(b) or other applicable statutes, piles . 03.10.2016 Page 6 Non -Profit DocuSign Envelope ID. 2E0079B8-F2CA-4064-8A95-8864BADBEB49 ATTACHMENT D SUPPLEMENTAL & SPECIAL CONDITIONS and regulations governing medical information. Grantee shall maintain full and complete records concerning WIC Program operations and the following requirements: a. Records shall include, but not be limited to, information pertaining to financial operations, food delivery systems, food benefit issuance and redemption, equipment purchases and inventory, certification, nutrition education, civil rights and fair hearing procedures. b. If United States Department of Agriculture (USDA) deems any of the WIC program records to be of historical interest, it may require System Agency or the Grantee to forward such records to the USDA whenever either entity is disposing of them. c. All records shall be available during normal business hours for representatives of the USDA, System Agency and the Comptroller General of the United States to inspect, audit, and copy. Any reports or other documents resulting from the examination of such records that are publicly released may not include confidential applicant or participant information. Section 1.13 Notice of a License Action. Grantee shall notify their contract manager of any action impacting its license to provide services under this Contract within five days of becoming aware of the action and include the following: 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 1.14 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. System Agency shall provide written notice of interim extension amendment to the Grantee 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. System Agency will provide written notice of the interim extension amendment that specifies the reason for it and period of time for the extension. d. Grantee will provide and invoice for services in the same manner that is stated in the Contract. e. 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 System Agency. Section 1.15 Electronic and Information Resources Accessibility and Security Standards. a. Applicability. The following Electronic and Information Resources (EIR) requirements apply to the Contract because the Grantee performs services that include EIR that System Agency employees are v. 03.10.2016 Page 7 Non -Profit DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 ATTACHMENT D SUPPLEMENTAL & SPECIAL CONDITIONS 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 System Agency's clients or recipients after completion of the Agreement. Nothing in this section is intended to prescribe the use of particular designs or technologies or to prevent the use of alternative technologies, provided they result in substantially equivalent or greater access to and use of a Product. b. Definitions. For purposes of this Section: "Accessibility Standards" means accessibility standards and specifications for Texas agency and institution of higher education websites and EIR set forth in 1 TAC Chapter 206 and/or Chapter 213. "Electronic and Information Resources" means information resources, including information resources technologies, and any equipment or interconnected system of equipment that is used in the creation, conversion, duplication, or delivery of data or information. The term includes telephones and other telecommunications products, information kiosks, transaction machines, Internet websites, multimedia resources, and office equipment, including copy machines and fax machines. "Electronic and Information Resources Accessibility Standards" means the accessibility standards for electronic and information resources contained in 1 Texas Administrative Code Chapter 213. "Product" means information resources technology that is, or is related to EIR. "Web Site Accessibility Standards/Specifications" means standards contained in Volume 1 Tex. Admin. Code Chapter 206(c) Accessibility Requirements. Under Tex. Gov't Code Chapter 2054, Subchapter M, and implementing rules of the Texas Department of Information Resources, System Agency 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, Grantee must provide electronic and information resources and associated Product documentation and technical support that comply with the Accessibility Standards. c. Evaluation, Testing, and Monitoring. 1. System Agency may review, test, evaluate and monitor Grantee'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 Grantee's assertion of compliance with the Accessibility Standards. 2. Grantee agrees to cooperate fully and provide System Agency and its representatives timely v. 03.10.2016 Page 8 Non -Profit DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 ATTACHMENT D SUPPLEMENTAL & SPECIAL CONDITIONS access to Products, records, and other items and information needed to conduct such review, evaluation, testing, and monitoring. d. Representations and Warranties. 1. Grantee represents and warrants that: 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 ii. If the Products will be in the custody of the state or a System Agency 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 System Agency or its clients or recipients, as applicable, use the Products in a manner that renders it noncompliant. 2. In the event Grantee becomes aware, or is notified that the Product or service and associated documentation and technical support do not comply with the Accessibility Standards, Grantee represents and warrants that it will, in a timely manner and at no cost to System Agency, 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. Grantee acknowledges and agrees that these representations and warranties are essential inducements on which System Agency relies in awarding this Contract. 4. Grantee'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. e. Remedies. 1. Under Tex. Gov't Code § 2054.465, neither the Grantee nor any other person has cause of action against System Agency 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 Grantee's representations and warranties, Grantee will be liable for direct, consequential, indirect, special, or liquidated damages and any other remedies to which System Agency may be entitled under this Contract and other applicable law. This remedy is cumulative of any other remedies to which System Agency may be entitled under this Contract and other applicable law. Section 1.16 Child Abuse Reporting Requirement. a. Grantees shall comply with child abuse and neglect reporting requirements in Texas Family Code Chapter 261. This section is in addition to and does not supersede any other legal obligation of the Grantee to report child abuse. b. Grantee shall develop, implement and enforce a written policy that includes at a minimum the System Agency's Child Abuse Screening, Documenting, and Reporting Policy for Grantees/Providers and train all staff on reporting requirements. c. Grantee shall use the DSHS Child Abuse Reporting Form located at www.dshs.state.tx.us/childabusereporting as required by the System Agency. Grantee shall retain v. 03.10.2016 Page 9 Non -Profit DocuSign Envelope ID 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 ATTACHMENT D SUPPLEMENTAL & SPECIAL CONDITIONS reporting documentation on site and make it available for inspection by System Agency. d. If Grantee chooses to interview a client to determine if an affirmative defense to prosecution exists, as defined by System Agency, which would allow them under the System Agency policy to not make a report of child abuse, the Grantee shall conduct these interviews in the following manner: 1. For ineligible clients, the interview shall be conducted after the entire WIC visit is done. For eligible clients, the interview may occur at the point in time when all WIC activities, including communication of eligibility and individual counseling, are completed with the exception of food instrument issuance. 2. The interview shall be conducted only by a competent authority or a supervisor and in a confidential setting. 3. Prior to asking the client any questions, the interviewer shall inform the client that the questions have no bearing on the client's WIC eligibility and receipt of services. Section 1.17 Additional Requirements a. Grantee shall comply with all applicable federal and state laws, rules, regulations, standards, and guidelines in effect on the beginning date of this Attachment as amended, including, but not limited to: 1. Uniform Federal Assistance Regulations, 7 CFR Parts 15, 15a, 15b, 246, 248, 3016, 3017 and 3018; 2. WIC Program and Farmers' Market Nutrition Program Rules, 25 Texas Administrative Code, §§ 31.11-31.37; and 3. Child Nutrition Act of 1966, as amended, 42 USC 1786. 4. Uniform Grant Guidance Federal Regulations, 2 CFR Part 200; b. The following documents are incorporated by reference and made a part of this Contract: 1. DSHS Standards for Public Health Clinic Services, revised August 2004, or latest revision; 2. USDA Food and Nutrition Service (FNS) Guidelines; 3. USDA FNS Instructions issued under the FNS Directives Management System. v. 03.10.2016 Page 10 Non -Profit DocuSign Envelope ID 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 acAm E e ASSURANCES - NON -CONSTRUCTION PROGRAMS OMB Number 4040-0007 Expiration Dale 01/3112019 Puk Cteporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing introns, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of info•mntion. Send comments regarding the burden estimate or any other aspect of this collodion of information, including suggestions for mda.rag this burden, to the Office of Management and Budget, Paperwork Reduction Project (03480040), Washington, DC 20503 PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Wire Certain of these assurances may not be applicable to your project or program. if you have questions, please contact the award ng agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant. 1 Has the legal authority to apply for Federal assistance and the Institutional, managerial and financial capabitily (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 application. 2 Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State. through any authorized representative, access to and the right to examine alt records, books, papers, or documents related to the award; end will establish a proper accounting system In accordance with generally accepted acounbng standards ar agency directives. 3 Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes ar presents the appearance of personal or organizational conflict of interest, or personal gain 4 Vlfill initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5 WlII 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 stabiles 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 1984 (P.L 88-352) which prohibits discrimination on the basis of race calor 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 Previous Edition Usable Act of 1973, as amended (29 U.S.0 §794) which prohablts discrimination on tha basis of handicaps, (d) the Age Discsimtnation Ad 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 91-816), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act 011912 (42 U.S C 55290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1988 (42 U.S.C. 553601 et seq.), as amended, relating to nondisafmination in the sale, rental or financing of housing; (1) any other nondiscrimination provisions in the spedfic statute(s) under which application for Federal assistance is being made, and, G) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7 WIN comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Poiides 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 VAII 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 pan with Federal funds, Standard Perm 1219 (Rev. 747) Authorized for Local Reproduction Prescribed by OM CMwlarA-102 DocuSign Envelope ID 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 S. Wdl comply as applicable, with the provisions of the Davis - Bacon Act (40 U S.0 §§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 Ad (40 U S C. §§327- 333), regarding labor standards for federally -assisted construction subagreements 1 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 510,000 or more 11 WW 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 (E0) 11514. (b) notification of violating facilities pursuant to EO 11738, (c) protection of wetlands pursuant to EO 11990• (d) evaluation of flood hazards In floodplain in accordance with EO 11988, (a) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (18 U S C §§1451 et seq.); (f) conformity of Federal action to State (Clean Ah) Implementation Plans under Section 176(c) of the Clean 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 Ad of 1974, as amended (P.L 93-523). and, (h) protection of endangered species under the Endangered Spedes Act of 1973, as amended (P.L 93- 205). 12 Will comply with the Wild and Scenic Rivers Act of 1966 (16 U.S.G. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. ilAPPUCANT ORGANIZATION 13 WWU assist the awarding agency In assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (18 U.S.C. §470), E0 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 regarding the protection of human subjects involved In research, development, and related activities supported by this award of assistance 15 Will comply with the Laboratory Animal Welfare Act of 1966 (P.L 89-544, as amended, 7 U.S C §§2131 et seq.) pertaining to the care, handling: and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16 VWII comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.0 §§4801 et seq ) which prohibits the use of lead-based paint in construction or rahabiltation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments 011996 and OMB Circular No A-133, "Audits of Slates, Local Govemments, and Non -Profit Organizations " 18 MU comply with alt applicable requirements of all other Federal laws, executive orders, regulation, and policies governing this program. 19. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub -recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is In effect or (3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL. 11 TITLE ei zy /7 DATE SUBMITTED t 1 `—�7 Standard Form 4248 pier. 7.117) Back DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 TEXAS DEPARTMENT OF STATE HEALTH SERVICES CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief that: (1) (2) (3) No federal appropriated funds have been paid or will be paid, by o r on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting 10 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 -I I, "Disclosure Form to Report Lobbying,' in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all hers (including subcontracts. subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipicnts shall certify and disclose accordingly This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U S Code Any person who fails to file the required certification shall be subject to a civil penalty of not less that $10,000 and not more than 5100,000 for each such failure. Signature Print Nam•bf Authorize Individual ,R0/7— 0 y ?Poo — 00/ Application or Contract Number of 96 CA,-,..sZ _ Organization Name NG1C er c7-2.4 ,42.5/ / //, (' Neer/6A/.� i r ��- . c zy) 1-5-1'7 Date CSCU # EF24-12374 - Revised 2;2006 DocuSign Envelope ID: 2E0C79B8-F2CA-4C64-8A95-8864BADBEB49 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 teams that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed dreumstances. if the Slanor cannot certify all of the statements contained in this section. Slanor must provide written nye to _psHS detailing which of the below statements It cannot certify and wyiy. Legal Name of Contractor Corpus Christi- Nueces County Public Health District FFATA Contact # 1 Name, Email and Phone Number. Constance Sanchez Constanceplcctexas. com 361-826-3227 Primary Address of Contractor. 1702 Horne Road Corpus Christi, TX 78416-1902 FFATA Contact #2 Name, Email and Phone Number. Blandina Costley Blandlnactbcctexas.com 361-826-7252 ZIP Code: 9 -digits Required www.usos.com �7 8!4 1 6 11 •910l21 - .. DUNS Number. 9 -digits Required www.sam.eov 016191415 8 State of Texas Comptroller Vendor Identification Number (VIN) 14 Digits 1 7 4 6 0 0T0 5 7 4 1 0 2 7 Printed Name of Authorized Representative Margie Rose T61. Signature of Authorized Representative Title of Authorized Representative City Manager Date I-5_ 17 Department of State Health Services Fenn 4734—June 2013 DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 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 income, from all sources, of less than $300,000 in your previous tax year? Q 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 "Bk. A. Certification Regarding % gf 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? Q Yes ® No B. 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? 0 Yes s 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 1986? 0 Yes Q 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;Eric Gant:400000,Todd Platt.300000; Sally Tom:300000 Provide compensation information here: 2 Department of Stale Health Services Farm 4734 —June 2013 DocuSign Envelope ID 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 11115 Couurat.t No. 2017-049800.001 DATA USE AGREEMENT BETWEEN THE TEXAS HEALTH AND HUMAN SERVICES ENTERPRISE AND CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT ("CoNTRACToR") This Data Use Agreement ("DUA"), effective as of the date signed below ("Effective Date"), is entered into by and between the Texas Health and Human Services Enterprise agency TEXAS DEPARTMENT OF STATE HEALTH SERVICES ("HHS"), and CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT, a political subdivision of the State of Texas ("CONTRACTOR"), and incorporated into the terns of HHS Contract No. 2017-049800-001, in Travis County, Texas (the "Base Contract"). ARTICLE I. PURPOSE; APPLICABILITY; ORDER OF PRECEDENCE The purpose of this DUA is to facilitate creation, receipt, maintenance, use, disclosure or access to Confidential Information with CONTRACTOR, and describe CONTRACTOR's rights and obligations with respect to the Confidential Information. 43 CFR 164.504(e)(1)-(3). This DUA also describes HHS's remedies in the event of CONTRACTOR's noncompliance with its obligations under this DUA. This DUA applies to both Business Associates and contractors who are not Business Associates who create, receive, maintain, use, disclose or have access to Confidential Information on behalf of HHS, its programs or clients as described in the Base Contract. As of the Effective Date of this DUA, if any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA, this DUA controls. ARTICLE 2. DEFINITIONS For the purposes of this DUA, capitalized, underlined terms have the meanings set forth in the following: Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (42 U.S.C. §1320d, et seq.) and regulations thereunder in 45 CFR Parts 160 and 164, including all amendments, regulations and guidance issued thereafter, The Social Security Act, including Section 1137 (42 U.S.C. §§ 1320b-7), Title XVI of the Act The Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a and regulations and guidance thereunder, Internal Revenue Code, Title 26 of the United States Code and regulations and publications adopted under that code, including IRS Publication 1075; OMB Memorandum 07-18; Texas Business and Commerce Code Ch. 521; Texas Govcnunent Code, Ch. 552, and Texas Government Code §2054.1125. In addition, the following terms in this DUA are defined as follows: "Authorized Purpose" means the specific pwpose or purposes described in the Statement of Work of the Base Contract for CONTRACTOR to fulfill its obligations under the Base Contract, or any other purpose expressly authorized by HHS in writing in advance. "Authorized User" means a Person: (1) Who is authorized to create, receive, maintain, have access to, process, view, handle, examine, interpret, or analyze Confidential Information pursuant to this DUA; HHS Data Use Agreement (modified v. 8.3) Local Health Departments October 21.2015 Page 1of15 DocuSign Envelope ID: 2E0079B8-F2CA-4064-8A95-8864BADBEB49 TTIIS Contract No. 2017-049800-001 (2) For whom CONTRACTOR warrants and represents has a demonstrable need to create, receive, maintain, use, disclose or have access to the Confidential Information. and (3) Who has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information as required by this DUA. "Confidential Information" means any communication or record (whether oral, written, electronically stored or transmitted, or in any other form) provided to or made available to CONTRACTOR, or that CONTRACTOR may, for an Authorized Purpose, create, receive, maintain, use, disclose or have access to, that consists of or includes any or all of the following: (1) Client Information; (2) Protected Health Information in any form including without limitation, Electronic Protected Health Information or Unsecured Protected Health Information (herein "PHI"); (3) Sensitive Personal Information defined by Texas Business and Commerce Code Ch. 521; (4) Federal Tax Information; (5) Individually Identifiable Health Information as related to HIPAA, Texas HIPAA and Personal Identifying Information under the Texas Identity Theft Enforcement and Protection Act; (6) Social Security Administration Data, including, without limitation, Medicaid information; (7) All privileged work product; (8) All information designated as confidential under the constitution and laws of the State of Texas and of the United States, including the Texas Health & Safety Code and the Texas Public Information Act, Texas Government Code, Chapter 552. "Legally Authorized Representative" of the Individual, as defined by Texas law, including as provided in 45 CFR 435.923 (Medicaid); 45 CFR 164.502(g)(1) (HIPAA); Tex. Occ. Code § 151.002(6); Tex. H. & S. Code § 166.164; and Estates Code Ch. 752. ARTICLE 3. CONTRACTOR'S DUTIES REGARDING CONFIDENTIAL INFORMATION 3.01 Obligations of CONTRACTOR CONTRACTOR agrees that: (A) CONTRACTOR will exercise reasonable care and no less than the same degree of care CONTRACTOR uses to protect its own confidential, proprietary and trade secret information to prevent any portion of the Confidential Information from being used in a manner that is not expressly an Authorized Purpose under this DUA or as Required by Law. 45 CFR 164.502(b)(1); 45 CFR 164.514(d) (B) Except as Required by Law CONTRACTOR will not disclose or allow access to any portion of the Confidential Information to any Person or other entity, other than Authorized HHS Data Use Agreement (modified v. 8.3) Local Health Departments October 21,2015 Page 2 of 15 DocuSign Envelope ID: 2E007968-F2CA-4C64-8A95-8864BADBEB49 11115 Contract No 2017-049800-001 User's Workforce or Subcontractors (as defined in 45 C.F.R. 160.103) of CONTRACTOR who have completed training in confidentiality, privacy, security and the importance of promptly reporting any Event or Breach to CONTRACTOR's management, to carry out CONTRACTOR's obligations in connection with the Authorized Purpose. HHS, at its election, may assist CONTRACTOR in training and education on specific or unique HHS processes, systems and/or requirements. CONTRACTOR will produce evidence of completed training to HHS upon request. 45 C.F.R. 164.308(a)(5)(i); Texas Health & Safety Code §181.101 (C) CONTRACTOR will establish, implement and maintain appropriate sanctions against any member of its Workforce or Subcontractor who fails to comply with this DUA, the Base Contract or applicable law. CONTRACTOR will maintain evidence of sanctions and produce it to HHS upon request.45 C.F.R. 164.308(a)(1)(ii)(C); 164.530(e); 164.410(b); 164.530(b)(1) (D) CONTRACTOR will not, except as otherwise permitted by this DUA, disclose or provide access to any Confidential Information on the basis that such act is Required by Law without notifying either HHS or CONTRACTOR's own legal counsel to determine whether CONTRACTOR should object to the disclosure or access and seek appropriate relief. CONTRACTOR will maintain an accounting of all such requests for disclosure and responses and provide such accounting to HHS within 48 hours of HHS' request. 45 CFR 164.504(e)(2)(ii)(A) (E) CONTRACTOR will not attempt to re -identify or further identify Confidential Information or De -identified Information, or attempt to contact any Individuals whose records are contained in the Confidential Information, except for an Authorized Purpose, without express written authorization from HHS or as expressly permitted by the Base Contract. 45 CFR 164.502(d)(2)(i) and (ii) CONTRACTOR will not engage in prohibited marketing or sale of Confidential Information. 45 CFR 164.501, 164.508(a)(3) and (4); Texas Health & Safety Code Ch. 181.002 (F) CONTRACTOR will not permit, or enter into any agreement with a Subcontractor to, create, receive, maintain, use, disclose, have access to or transmit Confidential Information to carry out CONTRACTOR's obligations in connection with the Authorized Purpose on behalf of CONTRACTOR, unless Subcontractor agrees to comply with all applicable laws, rules and regulations. 45 CFR 164.502(e)(1)(ii); 164.504(e)(1)(i) and (2). (G) CONTRACTOR is directly responsible for compliance with, and enforcement of, all conditions for creation, maintenance, use, disclosure, transmission and Destruction of Confidential Information and the acts or omissions of Subcontractors as may be reasonably necessary to prevent unauthorized use. 45 CFR 164.504(e)(5); 42 CFR 431.300, et seq. (H) If CONTRACTOR maintains PHI in a Designated Record Set which is Confidential Information and subject to this Agreement, CONTRACTOR will make PHI available to HHS in a Designated Record Set upon request. CONTRACTOR will provide PHI to an Individual, or Legally Authorized Representative of the Individual who is requesting PHI in compliance with the requirements of the HIPAA Privacy Regulations. CONTRACTOR will release PHI in accordance with the HIPAA Privacy Regulations upon receipt of a valid written authorization. CONTRACTOR will make other Confidential Information in CONTRACTOR's possession available pursuant to the requirements of HIPAA or other applicable law upon a determination of a Breach of Unsecured PHI as defined in HIPAA. CONTRACTOR will maintain an accounting of all such disclosures and provide it to HHS within 48 hours of HHS' request. 45 CFR 164.524and 164.504(e)(2)(ii)(E). HHS Data Use Agreement (modified v. 8.3) Local Health Departments October 21,2015 Page 3 of 15 DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 1111S Contract No. 2017-049800-001 (I) If PHI is subject to this Agreement, CONTRACTOR will make PHI as required by HIPAA available to HHS for review subsequent to CONTRACTOR's incorporation of any amendments requested pursuant to HIPAA. 45 CFR 164.504(e)(2)(ii)(E) and (F). (J) If PHI is subject to this Agreement, CONTRACTOR will document and make available to HHS the PHI required to provide access, an accounting of disclosures or amendment in compliance with the requirements of the HIPAA Privacy Regulations. 45 CFR 164.504(e)(2)(ii)(G) and 164.528. (K) If CONTRACTOR receives a request for access, amendment or accounting of PHI from an individual with a right of access to information subject to this DUA, it will respond to such request in compliance with the HIPAA Privacy Regulations, CONTRACTOR will maintain an accounting of all responses to requests for access to or amendment of PHI and provide it to HHS within 48 hours of HHS' request. 45 CFR 164.504(e)(2). (L) CONTRACTOR will provide, and will cause its Subcontractors and agents to provide, to HHS periodic written certifications of compliance with controls and provisions relating to information privacy, security and breach notification, including without limitation information related to data transfers and the handling and disposal of Confidential Information. 45 CFR 164.308; 164.530(c); 1 TAC 202. (M) Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may use PHI for the proper management and administration of CONTRACTOR or to carry out CONTRACTOR's legal responsibilities. Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may disclose PHI for the proper management and administration of CONTRACTOR, or to carry out CONTRACTOR's legal responsibilities, if: 45 CFR 164.504(e)(4)(A). (1) Disclosure is Required by Law provided that CONTRACTOR complies with Section 3.01(D); or (2) CONTRACTOR obtains reasonable assurances from the person or entity to which the information is disclosed that the person or entity will: (a)Maintain the confidentiality of the Confidential Information in accordance with this DUA; (b) Use or further disclose the information only as Required by Law or for the Authorized Purpose for which it was disclosed to the Person; and (c)Notify CONTRACTOR in accordance with Section 4.01 of any Event or Breach of Confidential Information of which the Person discovers or should have discovered with the exercise of reasonable diligence. 45 CFR 164.504(e)(4)(ii)(B). (N) Except as otherwise limited by this DUA, CONTRACTOR will, if required by law and requested by HHS, use commercially reasonable efforts to use PHI to provide data aggregation services to HHS, as that term is defined in the HIPAA 45 C.F.R. § 164.501 and permitted by HIPAA. 45 CFR 164.504(e)(2)(i)(B) HHS Data Use Agreement (modified v. 8.3) Local Health Departments October 21,2015 Page 4 of 15 DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 IIIIS Contract No. 2017-0-19800-001 (0) CONTRACTOR will, on the termination or expiration of this DUA or the Base Contract, at its expense, send to HHS or Destroy, at HHS's election and to the extent reasonably feasible and permissible by law, all Confidential Information received from HHS or created or maintained by CONTRACTOR or any of CONTRACTOR's agents or Subcontractors on HHS's behalf if that data contains Confidential Information. CONTRACTOR will certify in writing to HHS that all the Confidential Information that has been created, received, maintained, used by or disclosed to CONTRACTOR, has been Destroyed or sent to HHS, and that CONTRACTOR and its agents and Subcontractors have retained no copies thereof. Notwithstanding the foregoing, HHS acknowledges and agrees that CONTRACTOR is not obligated to send to HHSC and/or Destroy any Confidential Information if federal law, state law, the Texas State Library and Archives Commission records retention schedule, and/or a litigation hold notice prohibit such delivery or Destruction. If such delivery or Destruction is not reasonably feasible, or is impermissible by law, CONTRACTOR will immediately notify HHS of the reasons such delivery or Destruction is not feasible, and agree to extend indefinitely the protections of this DUA to the Confidential Information and limit its further uses and disclosures to the purposes that make the return delivery or Destruction of the Confidential Information not feasible for as long as CONTRACTOR maintains such Confidential Information. 45 CFR 164.504(e)(2)(ii)(J) (P) CONTRACTOR will create, maintain, use, disclose, transmit or Destroy Confidential Information in a secure fashion that protects against any reasonably anticipated threats or hazirds to the security or integrity of such information or unauthorized uses. 45 CFR 164.306; 164.530(c) (Q) If CONTRACTOR accesses, transmits, stores, and/or maintains Confidential Information, CONTRACTOR will complete and return to HHS at infosecurity@hhsc.state.tx.us the HHS information security and privacy initial inquiry (SPI) at Attachment 1 . The SPI identifies basic privacy and security controls with which CONTRACTOR must comply to protect HHS Confidential Information. CONTRACTOR will comply with periodic security controls compliance assessment and monitoring by HHS as required by state and federal law, based on the type of Confidential Information CONTRACTOR creates, receives, maintains, uses, discloses or has access to and the Authorized Purpose and level of risk. CONTRACTOR's security controls will be based on the National Institute of Standards and Technology (NIST) Special Publication 800-53. CONTRACTOR will update its security controls assessment whenever there are significant changes in security controls for HHS Confidential Information and will provide the updated document to HHS. HHS also reserves the right to request updates as needed to satisfy state and federal monitoring requirements. 45 CFR 164.306. (R) CONTRACTOR will establish, implement and maintain reasonable procedural, administrative, physical and technical safeguards to preserve and maintain the confidentiality, integrity, and availability of the Confidential Information, and with respect to PHI as described in the HIPAA Privacy and Security Regulations, or other applicable laws or regulations relating to Confidential Information, to prevent any unauthorized use or disclosure of Confidential Information as long as CONTRACTOR has such Confidential Information in its actual or constructive possession. 45 CFR 164.308 (administrative safeguards); 164.310 (physical safeguards); 164.312 (technical safeguards); 164.530(c)(privacy safeguards). (S) CONTRACTOR will designate and identify, a Person or Persons, as Privacy Official 45 CFR 164.530(a)(1) and Information Security Official, each of whom is authorized to act on behalf of CONTRACTOR and is responsible for the development and implementation of the privacy and security requirements in this DUA. CONTRACTOR will provide name and current address, phone number and e-mail address for such designated officials to HHS upon execution of HHS Data Use Agreement (modified v. 8.3) Local Health Departments October 21,2015 Page 5 of 15 DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-B864BADBEB49 }1lIS Contract No 2017-049800-001 this DUA and prior to any change. If such persons fail to develop and implement the requirements of the DUA, CONTRACTOR will replace them upon HHS request. 45 CFR 164.308(a)(2). (T) CONTRACTOR represents and warrants that its Authorized Users each have a demonstrated need to know and have access to Confidential Information solely to the minimum extent necessary to accomplish the Authorized Purpose pursuant to this DUA and the Base Contract, and further, that each has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information contained in this DUA. 45 CFR 164.502; 164.514(d). (U) CONTRACTOR and its Subcontractors will maintain an updated, complete, accurate and numbered list of Authorized Users, their signatures, titles and the date they agreed to be bound by the terms of this DUA, at all times and supply it to HHS, as directed, upon request. (V) CONTRACTOR will implement, update as necessary, and document reasonable and appropriate policies and procedures for privacy, security and Breach of Confidential Information and an incident response plan for an Event or Breach to comply with the privacy, security and breach notice requirements of this DUA prior to conducting work under the Statement of Work. 45 CFR 164.308; 164.316; 164.514(d); 164.530(1)(1). (W) CONTRACTOR will produce copies of its information security and privacy policies and procedures and records relating to the use or disclosure of Confidential Information received from, created by, or received, used or disclosed by CONTRACTOR for an Authorized Purpose for HHS's review and approval within 30 days of execution of this DUA and upon request by HHS the following business day or other agreed upon time frame. 45 CFR 164.308; 164.514(d). (X) CONTRACTOR will make available to HHS any information HHS requires to fulfill HHS's obligations to provide access to, or copies of, PHI in accordance with HIPAA and other applicable laws and regulations relating to Confidential Information. CONTRACTOR will provide such information in a time and manner reasonably agreed upon or as designated by the Secretary of the U.S. Department of Health and Human Services, or other federal or state law. 45 CFR 164.504(e)(2)(1)(1). (Y) CONTRACTOR will only conduct secure transmissions of Confidential Information whether in paper, oral or electronic form, in accordance with applicable rules, regulations and laws. A secure transmission of electronic Confidential Information in motion includes, but is not limited to, Secure File Transfer Protocol (SFTP) or Encryption at an appropriate level. If required by rule, regulation or law, HHS Confidential Information at rest requires Encryption unless there is other adequate administrative, technical, and physical security. All electronic data transfer and communications of Confidential Information will be through secure systems. Proof of system, media or device security and/or Encryption must be produced to HHS no later than 48 hours after HHS's written request in response to a compliance investigation, audit or the Discovery of an Event or Breach. Otherwise, requested production of such proof will be made as agreed upon by the parties. De -identification of HHS Confidential Information is a means of security With respect to de -identification of PHI, "secure" means de -identified according to HIPAA Privacy standards and regulatory guidance. 45 CFR 164.312; 164.530(d). (Z) For each type of Confidential Information CONTRACTOR creates, receives, maintains, uses, discloses, has access to or transmits in the performance of the Statement of Work, CONTRACTOR will comply with the following laws rules and regulations, only to the extent applicable and required by law: HHS Data Use Agreement (modified v. 8.3) Local Health Departments October 21,2015 Page 6 of 15 DocuSign Envelope ID. 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 MIS Contract No. 2017-049800-001 • Title 1, Part 10, Chapter 202, Subchapter B, Texas Administrative Code; • The Privacy Act of 1974; • OMB Memorandum 07-16; • The Federal Information Security Management Act of 2002 (FISMA); • The Health Insurance Portability and Accountability Act of 1996 (HIPAA) as defined in the DUA; • Internal Revenue Publication 1075 — Tax Information Security Guidelines for Federal, State and Local Agencies; • National Institute of Standards and Technology (NIST) Special Publication 800- 66 Revision 1 — An Introductory Resource Guide for Implementing the Health Insurance Portability and Accountability Act (HIPAA) Security Rule; • NIST Special Publications 800-53 and 800-53A — Recommended Security Controls for Federal Information Systems and Organizations, as currently revised; • NIST Special Publication 800-47 — Security Guide for Interconnecting Information Technology Systems; • NIST Special Publication 800-88, Guidelines for Media Sanitization; • NIST Special Publication 800-111, Guide to Storage of Encryption Technologies for End User Devices containing PHI; and Any other State or Federal law, regulation, or administrative rule relating to the specific HHS program area that CONTRACTOR supports on behalf of HHS. (AA) Notwithstanding anything to the contrary herein, CONTRACTOR will treat any Personal Identifying Information it creates, receives, maintains, uses, transmits, destroys and/or discloses in accordance with Texas Business and Commerce Code, Chapter 521 and other applicable regulatory standards identified in Section 3.01(Z), and Individually Identifiable Health Information CONTRACTOR creates, receives, maintains, uses, transmits, destroys and/or discloses in accordance with HIPAA and other applicable regulatory standards identified in Section 3.01(Z). ARTICLE 4. BREACH NOTICE, REPORTING AND CORRECTION REQUIREMENTS 4.01 Breach or Event Notification to HHS. 45 CFR 164.400-414. (A) CONTRACTOR will cooperate fully with HES in investigating, mitigating to the extent practicable and issuing notifications directed by HHS, for any Event or Breach of Confidential Information to the extent and in the manner determined by HHS. HHS Data Use Agreement (modified v. 8.3) Local Health Departments October 21,2015 Page 7 of 15 DocuSign Envelope ID: 2E0079B8-F2CA-4064-8A95-8864BADBEB49 111IS Contract No. 2017-019800-001 (B) CONTRACTOR'S obligation begins at the Discovery of an Event or Breach and continues as long as related activity continues, until all effects of the Event are mitigated to HHS's reasonable satisfaction (the "incident response period"). 45 CFR 164.404. (C) Breach Notice: (1) Initial Notice. (a) For federal information, including without limitation, Federal Tax Information, Social Security Administration Data and Medicaid Client Information, within the first, consecutive clock hour of Discovery, and for all other types of Confidential Information not more than 24 hours after Discovery, or in a timeframe otherwise approved by HHS in writing, initially report to HHS's Privacy and Security Officers via email at: privacy@HHSC.state.tx.us and to the HHS division responsible for this DUA; and IRS Publication 1075; Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a; OMB Memorandum 07-16 as cited in HHSC-CMS Contracts for information exchange. (b) Report all information reasonably available to CONTRACTOR about the Event or Breach of the privacy or security of Confidential Information. 45 CFR 164.410. (c) Name, and provide contact information to HHS for, CONTRACTOR's single point of contact who will communicate with HHS both on and off business hours during the incident response period. (2) Formal Notice. No later than two business days after the Initial Notice above, provide formal notification to privacy@HHSC.state.tx.us and to the HHS division responsible for this DUA, including all reasonably available information about the Event or Breach, and CONTRACTOR's investigation, including without limitation and to the extent available: For (a) - (m) below: 45 CFR 164.400-414. (a) The date the Event or Breach occurred; (b) The date of CONTRACTOR's and, if applicable, Subcontractor's Discovery; (c) A brief description of the Event or Breach• including how it occurred and who is responsible (or hypotheses, if not yet determined); (d) A brief description of CONTRACTOR's investigation and the status of the investigation; (e) A description of the types and amount of Confidential Information involved; (f) Identification of and number of all Individuals reasonably believed to be affected, including first and last name of the Individual and if applicable the, Legally Authorized Representative, last known address, age, telephone number, HHS Data Use Agreement (modified v. 8.3) Local Health Departments October 21,2015 Page 8 of 15 DocuSign Envelope ID: 2E0C79B8-F2CA-4C64-8A95-8864BADBEB49 IEEIS Contract No 2017-049800-001 and email address if it is a preferred contact method, to the extent known or can be reasonably determined by CONTRACTOR at that time; (g) CONTRACTOR's initial risk assessment of the Event or Breach demonstrating whether individual or other notices are required by applicable law or this DUA for HHS approval, including an analysis of whether there is a low probability of compromise of the Confidential Information or whether any legal exceptions to notification apply; (h) CONTRACTOR's recommendation for HHS's approval as to the steps Individuals and/or CONTRACTOR on behalf of Individuals, should take to protect the Individuals from potential harm, including without limitation CONTRACTOR's provision of notifications, credit protection, claims monitoring, and any specific protections for a Legally Authorized Representative to take on behalf of an Individual with special capacity or circumstances; (i) The steps CONTRACTOR has taken to mitigate the harm or potential harm caused (including without limitation the provision of sufficient resources to mitigate); (j) The steps CONTRACTOR has taken, or will take, to prevent or reduce the likelihood of recurrence of a similar Event or Breach; (k) Identify, describe or estimate the Persons, Workforce. Subcontractor, or Individuals and any law enforcement that may be involved in the Event or Breach; (1) A reasonable schedule for CONTRACTOR to provide regular updates during normal business hours to the foregoing in the future for response to the Event or Breach, but no less than every three (3) business days or as otherwise directed by HHS, including information about risk estimations, reporting, notification, if any, mitigation, corrective action, root cause analysis and when such activities are expected to be completed; and (m) Any reasonably available, pertinent information, documents or reports related to an Event or Breach that HHS requests following Discovery. 4.02 Investigation, Response and Mitigation. 45 CFR 164.308, 310 and 312; 164.530 (A) CONTRACTOR will immediately conduct a full and complete investigation, respond to the Event or Breach, commit necessary and appropriate staff and resources to expeditiously respond, and report as required to and by HHS for incident response purposes and for purposes of HHS's compliance with report and notification requirements, to the reasonable satisfaction of HHS. (B) CONTRACTOR will complete or participate in a risk assessment as directed by HHS following an Event or Breach, and provide the final assessment, corrective actions and mitigations to HHS for review and approval. (C) CONTRACTOR will fully cooperate with HHS to respond to inquiries and/or proceedings by state and federal authorities, Persons and/or Individuals about the Event or Breach. HHS Data Use Agreement (modified v. 8.3) Local Health Departments October 21,2015 Page 9 of 15 DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 IITIS Contract No 2017-W9800-001 (D) CONTRACTOR will fully cooperate with HHS's efforts to seek appropriate injunctive relief or otherwise prevent or curtail such Event or Breach, or to recover or protect any Confidential Information, including complying with reasonable corrective action or measures, as specified by HHS in a Corrective Action Plan if directed by HHS under the Base Contract. 4.03 Breach Notification to Individuals and Reporting to Authorities. Tex. Bus. & Comm. Code §521.053; 45 CFR 164.404 (Individuals), 164.406 (Media); 164.408 (Authorities) (A) HHS may direct CONTRACTOR to provide Breach notification to Individuals, regulators or third -parties, as specified by HHS following a Breach. (B) CONTRACTOR shall give HHS an opportunity to review and provide feedback to CONTRACTOR and to confirm that CONTRACTOR's notice meets all regulatory requirements regarding the time, manner and content of any notification to Individuals, regulators or third -parties, or any notice required by other state or federal authorities. HHS shall have ten (10) business days to provide said feedback to CONTRACTOR. Notice letters will be in CONTRACTOR's name and on CONTRACTOR's letterhead, unless otherwise directed by HHS, and will contain contact information, including the name and title of CONTRACTOR's representative, an email address and a toll-free telephone number, if required by applicable law, rule, or regulation, for the Individual to obtain additional information. (C) CONTRACTOR will provide HHS with copies of distributed and approved communications. (D) CONTRACTOR will have the burden of demonstrating to the reasonable satisfaction of HHS that any notification required by HHS was timely made. If there are delays outside of CONTRACTOR's control, CONTRACTOR will provide written documentation of the reasons for the delay. (E) If HHS delegates notice requirements to CONTRACTOR, HHS shall, in the time and manner reasonably requested by CONTRACTOR, cooperate and assist with CONTRACTOR's information requests in order to make such notifications and reports. ARTICLE 5. STATEMENT OF WORK "Statement of Work" means the services and deliverables to be performed or provided by CONTRACTOR, or on behalf of CONTRACTOR by its Subcontractors or agents for HHS that are described in detail in the Base Contract. The Statement of Work, including any future amendments thereto, is incorporated by reference in this DUA as if set out word-for-word herein. ARTICLE 6. GENERAL PROVISIONS 6.01 Oversight of Confidential Information CONTRACTOR acknowledges and agrees that HHS is entitled to oversee and monitor CONTRACTOR's access to and creation, receipt, maintenance, use, disclosure of the Confidential Information to confirm that CONTRACTOR is in compliance with this DUA. 6.02 HHS Commitment and Obligations HHS Data Use Agreement (modified v. 8.3) Local Health Departments October 21,2015 Page 10 of 15 DocuSign Envelope ID: 2E0079B8-F2CA-4C64-6A95-8864BADBEB49 III IS Contract No. 2017-049800-001 HHS will not request CONTRACTOR to create, maintain, transmit, use or disclose PHI in any manner that would not be permissible under applicable law if done by HHS. 6.03 HHS Right to Inspection At any time upon reasonable notice to CONTRACTOR, or if HHS determines that CONTRACTOR has violated this DUA, HHS, directly or through its agent, will have the right to inspect the facilities, systems, books and records of CONTRACTOR to monitor compliance with this DUA. For purposes of this subsection, HHS's agent(s) include, without limitation, the HHS Office of the Inspector General or the Office of the Attorney General of Texas, outside consultants or legal counsel or other designee. 6.04 Term; Termination of DUA; Survival This DUA will be effective on the date on which CONTRACTOR executes the DUA, and will terminate upon termination of the Base Contract and as set forth herein. If the Base Contract is extended or amended, this DUA shall be extended or amended concurrent with such extension or amendment. (A) HHS may immediately terminate this DUA and Base Contract upon a material violation of this DUA. (B) Termination or Expiration of this DUA will not relieve CONTRACTOR of its obligation to return or Destroy the Confidential Information as set forth in this DUA and to continue to safeguard the Confidential Information until such time as determined by HHS. (C) If HHS determines that CONTRACTOR has violated a material term of this DUA; HHS may in its sole discretion: (1) Exercise any of its rights including but not limited to reports, access and inspection under this DUA and/or the Base Contract; or (2) Require CONTRACTOR to submit to a Corrective Action Plan, including a plan for monitoring and plan for reporting, as HHS may determine necessary to maintain compliance with this DUA; or (3) Provide CONTRACTOR with a reasonable period to cure the violation as determined by HHS; or (4) Terminate the DUA and Base Contract immediately, and seek relief in a court of competent jurisdiction in Texas. Before exercising any of these options, HHS will provide written notice to CONTRACTOR describing the violation, the requested corrective action CONTRACTOR may take to cure the alleged violation, and the action HHS intends to take if the alleged violated is not timely cured by CONTRACTOR. (D) If neither termination nor cure is feasible, HHS shall report the violation to the Secretary of the U.S. Department of Health and Human Services. (E) The duties of CONTRACTOR or its Subcontractor under this DUA survive the expiration or termination of this DUA until all the Confidential Information is Destroyed or returned to HHS, as required by this DUA. HHS Data Use Agreement (modified v. 8.3) Local Health Departments October 21,2015 Page 11 of 15 DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 HITS Contract No 2017-049800-001 6.05 Governing Law, Venue and Litigation (A) The validity, construction and performance of this DUA and the legal relations among the Parties to this DUA will be governed by and construed in accordance with the laws of the State of Texas. (B) The Parties agree that the courts of Texas, will be the exclusive venue for any litigation, special proceeding or other proceeding as between the parties that may be brought, or arise out of, or in connection with, or by reason of this DUA. 6.06 Injunctive Relief (A) CONTRACTOR acknowledges and agrees that HHS may suffer irreparable injury if CONTRACTOR or its Subcontractor fails to comply with any of the terms of this DUA with respect to the Confidential Information or a provision of HIPAA or other laws or regulations applicable to Confidential Information. (B) CONTRACTOR further agrees that monetary damages may be inadequate to compensate HHS for CONTRACTOR's or its Subcontractor's failure to comply. Accordingly, CONTRACTOR agrees that HHS will, in addition to any other remedies available to it at law or in equity, be entitled to seek injunctive relief without posting a bond and without the necessity of demonstrating actual damages, to enforce the terms of this DUA. 6.07 Responsibility. To the extent permitted by the Texas Constitution, laws and rules, and without waiving any immunities or defenses available to CONTRACTOR as a governmental entity, CONTRACTOR shall be solely responsible for its own acts and omissions and the acts and omissions of its employees, directors, officers, Subcontractors and agents. HHS shall be solely responsible for its own acts and omissions. 6.08 Insurance (A) As a governmental entity, and in accordance with the limits of the Texas Tort Claims Act, Chapter 101 of the Texas Civil Practice and Remedies Code, CONTRACTOR either maintains commercial insurance or self -insures with policy limits in an amount sufficient to cover CONTRACTOR's liability arising under this DUA. CONTRACTOR will request that HHS be named as an additional insured. HHSC reserves the right to consider alternative means for CONTRACTOR to satisfy CONTRACTOR's financial responsibility under this DUA. Nothing herein shall relieve CONTRACTOR of its financial obligations set forth in this DUA if CONTRACTOR fails to maintain insurance. (B) CONTRACTOR will provide HHS with written proof that required insurance coverage is in effect, at the request of HHS. 6.08 Fees and Costs Except as otherwise specified in this DUA or the Base Contract, if any legal action or other proceeding is brought for the enforcement of this DUA, or because of an alleged dispute, contract violation, Event, Breach, default, misrepresentation, or injunctive action, in connection with any of the provisions of this DUA, each party will bear their own legal expenses and the other cost incurred in that action or proceeding. HHS Data Use Agreement (modified v. 8.3) Local Health Departments October 21,2015 Page 12 of 15 DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 IIfiti Contract No 2017-049SQ0 001 6.09 Entirety of the Contract This DUA is incorporated by reference into the Base Contract as an amendment thereto and, together with the Base Contract, constitutes the entire agreement between the parties. No change, waiver, or discharge of obligations arising under those documents will be valid unless in writing and executed by the party against whom such change, waiver, or discharge is sought to be enforced. Irony provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA, this DUA controls. 6.10 Automatic Amendment and Interpretation If there is (i) a change in any law, regulation or rule, state or federal, applicable to HIPPA and/or Confidential Information, or (ii) any change in the judicial or administrative interpretation of any such law, regulation or rule„ upon the effective date of such change, this DUA shall be deemed to have been automatically amended, interpreted and read so that the obligations imposed on HHS and/or CONTRACTOR remain in compliance with such changes. Any ambiguity in this DUA will be resolved in favor of a meaning that permits HHS and CONTRACTOR to comply with HIPAA or any other law applicable to Confidential Information. ARTICLE 7. AUTHORITY To EXECUTE The Parties have executed this DUA in their capacities as stated below with authority to bind their organizations on the dates set forth by their signatures. IN WITNESS HEREOF, HHS and CONTRACTOR have each caused this DUA to be signed and delivered by its duly authorized representative: TEXAS HEALTH AND HUMAN SERVICES CONTRACTOR BY: BY: NAME: NAME: TITLE: TITLE: DATE: 1201 . DATE: C• /2'/-e >OJC cfL y �t/'1u f► tr "5 .201?J HHS Data Use Agreement (modified v. 8.3) Local Health Departments October 21,2015 Page 13of15 DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 ATTACHMENT H DSHS NON-EXCLUSIVE LIST OF APPLICABLE LAWS Contractor is responsible for reviewing and complying with any applicable statutes, rules, regulations, executive orders and policies. To the extent applicable to Contractor, Contractor shall comply with the following: a. Statutes, rules, regulations, and DSHS policy (and any of their subsequent amendments) that collectively prohibit discrimination, exclusion from or limitation of participation in programs, benefits or activities or denial of any aid, care, service or other benefit on the basis of race, color, national origin, limited English proficiency, sex, sexual orientation (where applicable), disabilities, age, substance abuse, political belief or religion: 1. Title VI of the Civil Rights Act of 1964, 42 USC §§ 2000d et seq.; 2. Title IX of the Education Amendments of 1972, 20 USC §§ 1681-1683, and 1685-1686; 3. Section 504 of the Rehabilitation Act of 1973, 29 USC § 794(a); 4. Americans with Disabilities Act of 1990, 42 USC §§ 12101 et seq.; 5. Age Discrimination Act of 1975, 42 USC §§ 6101-6107; 6. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, 42 USC § 290dd (b)(1); 7) 45 CFR Parts 80, 84, 86 and 91; 7. U.S. Department of Labor, Equal Employment Opportunity E.O. 11246; 8. Tex. Labor Code Chapter 21; 9. Food Stamp Act of 1977 (7 USC §§ 2011 et seq.); 10. Executive Order 13279, 45 CFR Part 87 or 7 CFR Part 16 regarding equal treatment and opportunity for religious organizations; 11. Drug Abuse Office and Treatment Act of 1972, 21 USC §§ 1101 et seq., relating to drug abuse; 12. Public Health Service Act of 1912, §§ 523 and 527, 42 USC § 290dd-2, and 42 CFR pt. 2, relating to confidentiality of alcohol and drug abuse patient records; 13. Title VIII of the Civil Rights Act of 1968, 42 USC §§ 3601 et seq., relating to nondiscrimination in housing; and 14. DSHS Policy AA -5018, Non-discrimination Policy for DSHS Programs; b. Immigration Reform and Control Act of 1986, 8 USC § 1324a, and Immigration Act of 1990, 8 USC 1101 et seq., as amended by Public Law 113-4 (March 7, 2013), regarding employment verification; and Illegal Immigration Reform and Immigrant Responsibility Act of 1996; c. Pro -Children Act of 1994, 20 USC §§ 6081-6084, and the Pro -Children Act of 2001, 20 USC § 7183, regarding the non-use of all tobacco products; d. National Research Service Award Act of 1971, 42 USC §§ 289a-1 et seq., and 6601 (P.L. 93-348 and P.L. 103-43), regarding human subjects involved in research; e. Hatch Political Activity Act, 5 USC §§ 1501-1508 and 7324-26, which limits the political activity of employees whose employment is funded with federal funds; f. Fair Labor Standards Act, 29 USC §§ 201 et seq., and the Intergovernmental Personnel Act of 1970, 42 USC §§ 4701 et seq., as applicable, concerning minimum wage and maximum hours; g. Texas Govemment 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: ' 02.01.2016 Page 1 DocuSign Envelope ID: 2E0079B8-F2CA-4064-8A95-8864BADBEB49 ATTACHMENT H DSHS NON-EXCLUSIVE LIST OF APPLICABLE LAWS 1. Institution of environmental quality control measures under the National Environmental Policy Act of 1969, 42 USC §§ 4321-4347 and Executive Order 11514 (35 Fed. Reg. 4247), "Protection and Enhancement of Environmental Quality;" 2. Notification of violating facilities pursuant to Executive Order 11738 (40 CFR Part 32), "Providing for Administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to Federal Contracts, Grants, or Loans;" 3. Protection of wetlands pursuant to Executive Order 11990, 42 Fed. Reg. 26961; 4. Evaluation of flood hazards in floodplains in accordance with Executive Order 11988, 42 Fed. Reg.26951 and, if applicable, flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234); 5. Assurance of project consistency with the approved State Management program developed under the Coastal Zone Management Act of 1972, 16 USC §§ 1451 et seq.; 6. Federal Water Pollution Control Act, 33 USC §§ 1251 et seq.; 7. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, 42 USC §§ 300f -300j; 8. Protection of endangered species under the Endangered Species Act of 1973, 16 USC §§ 1531 et seq.; 9. Conformity of federal actions to state clean air implementation plans under the Clean Air Act of 1955, 42 USC §§ 7401 et seq.; 10. Wild and Scenic Rivers Act of 1968, 16 USC §§ 1271 et seq., related to protecting certain river systems; and m. Lead -Based Paint Poisoning Prevention Act, 42 USC §§ 4821 et seq., prohibiting the use of lead- based paint in residential construction or rehabilitation; n. Intergovernmental Personnel Act of 1970, 42 USC §§ 4278-4763, regarding personnel merit systems for programs specified in Appendix A of the federal Office of Program Management's Standards for a Merit System of Personnel Administration, 5 CFR Part1200 et seq; o. Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of, 42 USC §§4601 et seq (PL 91-646), relating to fair treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs; p. Davis -Bacon Act, 40 USC §§ 3141-3148; q. Copeland Act, 40 USC §§ 276c and 18 USC § 874; r. Contract Work Hours and Safety Standards Act, 40 USC § 3702 et seq., regarding labor standards for federally -assisted construction subagreements; s. National Historic Preservation Act of 1966, § 106, 16 USC § 470; Executive Order 11593; and the Archaeological and Historic Preservation Act of 1974 (16 USC §§ 469a-1 et seq.) regarding historic property to the extent necessary to assist DSHS in complying with the Acts; t. Trafficking Victims Protection Act of 2000, Section 106(g) (22 USC § 7104); u. Executive Order 13513 (Oct. 1, 2009), Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, if required by a federal funding source of this Contract; v. Whistleblower Protection Enhancement Act (5 U.S.C. 2302(b)(8)) and Texas Whistleblower Act (Tex.Gov. Code Chapter 554); and w. Requirements of any other applicable state and federal statutes, executive orders, regulations, rules and policies. v. 02.01.2016 Page 2 DocuSign Envelope ID: 2E0079B8-F2CA-4C64-8A95-8864BADBEB49 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. Legal Name of Contractor: FFATA Contact # 1 Name, Email and Phone Number: Primary Address of Contractor: FFATA Contact #2 Name, Email and Phone Number: ZIP Code: 9 -digits Required www.usps.com DUNS Number: 9 -digits Required www.sam.gov State of Texas Comptroller Vendor Identification Number (VIN) 14 Digits Printed Name of Authorized Representative Signature of Authorized Representative Title of Authorized Representative Date -1- Department of State Health Services Form 4734 — June 2013 DocuSign Envelope ID: 2E0079B8-F2CA-4064-8A95-8864BADBEB49 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 income, from all sources, of less than $300,000 in your previous tax year? Q Yes 0 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 annual gross revenue from federal awards during the preceding fiscal year?17 Yes n No B. 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? n Yes n 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 1986? n Yes n 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. Provide compensation information here: -2- Department of State Health Services Form 4734 — June 2013 Docu Certificate Of Completion Envelope Id: 2E0C79B8F2CA4C648A958864BADBEB49 Status: Sent Subject: $1,012,631; 2017-049800-001A; CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT; NSS-WIC-LOCALS Source Envelope: Document Pages: 76 Signatures: 0 Envelope Originator: Supplemental Document Pages: 0 Initials: 0 Jason Jahnke Certificate Pages: 4 AutoNav: Enabled Payments: 0 1860 Michael Faraday Dr Envelopeld Stamping: Enabled Reston, VA 20190 Time Zone: (UTC -06:00) Central Time (US & jason.jahnke@hhsc.state.tx.us Canada) IP Address: 167.137.1.16 Record Tracking Status: Original 2/7/2017 Signer Events Ayeola Williams Ayeola.Williams@hhsc.state.tx.us Staff Attorney, System Contracting HHSC Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Charles Rotan Charles.Rotan@dshs.state.tx.us Manager V Texas Health and Human Services Commission Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Patty Melchior Patty.Melchior@dshs.state.tx.us Resource Director Department State Health Services Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure. Not Offered via DocuSign ID: Evelyn Delgado evelyn.delgado@dshs.state.tx.us Associate Commissioner - FCHS Texas Health and Human Services Commission Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Holder: Jason Jahnke jason.jahnke@hhsc.state.tx.us Signature Completed Using IP Address: 160.42.85.9 Completed Using IP Address: 160.42.85.9 Completed Using IP Address: 160.42.85.9 Completed Using IP Address: 160.42.85.9 Location: DocuSign Timestamp Sent: 2/7/2017 Viewed: 2/7/2017 Signed: 2/7/2017 Sent: 2/7/2017 Viewed: 2/8/2017 Signed: 2/8/2017 Sent: 2/8/2017 Viewed: 2/8/2017 Signed: 2/8/2017 Sent: 2/8/2017 Viewed: 2/9/2017 Signed: 2/9/2017 v sic; R*D Signer Events Kirk Cole kirk.cole@dshs.state.tx.us Associate Commissioner Texas Health and Human Services Commission Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: John Hellerstedt John.Hellerstedt@dshs.state.tx.us Commissioner Texas Health and Human Services Commission Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Annette Rodriguez annetter@cctexas.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Bernie Rodriguez bemie.rodriguez@hhsc. state.tx.us Procurement Manager Texas Health and Human Services Commission Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Matthew Chaplin Matthew.Chaplin@hhsc.state.tx. us Texas Health and Human Services Commission Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Karen Ray Karen. Ray@hhsc.state.tx.us Chief Counsel HHSC Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Signature Completed Using IP Address • 104.14.159.252 Completed Using IP Address: 160.42 85.9 Timestamp Sent: 2/9/2017 Viewed: 2/12/2017 Signed: 2/12/2017 Sent: 2/12/2017 Viewed: 2/13/2017 Signed: 2/13/2017 Sent: 3/9/2017 Viewed: 3/1612017 Signer Events Signature Timestamp Charles Smith Charles.Sm ith@hhsc.state.tx. us Executive Commissioner HHSC Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: In Person Signer Events Signature Editor Delivery Events Status Agent Delivery Events Status Intermediary Delivery Events Status Certified Delivery Events Status Carbon Copy Events Status Cynthia Wright Cynthia. W right@dshs.state.tx.us Contract Manager Texas Health and Human Services Commission Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Ellen Watkins ellen.watkins@dshs.state.tx.us Texas Health and Human Services Commission Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Amy Greene amy.greene©hhsc.state.bc.us Contract Specialist V Texas Health and Human Services Commission Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure. Not Offered via DocuSign ID: Susana Garcia susana.garcia@dshs.state.tx.us Unit Director Texas Health and Human Services Commission Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: COPIED COPIED COPIED COPIED Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 2/7/2017 Sent: 2/7/2017 Viewed: 2/24/2017 Sent: 2/7/2017 Sent 2/7/2017 Carbon Copy Events William M. Uhlarik williamU2@cctexas.com Assistant Director of Public Health Corpus Christi-Nueces County P.H.D. Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Pam Wells pam.wells@hhsc.state.tx. us Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: FCHS WIC Inbox WICcontracts@dshs.state.bc.us Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure Not Offered via DocuSign ID: Status COPIED Timestamp Sent: 2/13/2017 Viewed: 2/13+2017 Notary Events Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/9/2017 Payment Events Status Timestamps AGENDA MEMORANDUM First Reading Item for the City Council Meeting of May 9, 2017 Second Reading Item for the City Council Meeting of May 16, 2017 DATE: April 28, 2017 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3460 Service Agreement to Manage and Operate Al Kruse Tennis Center CAPTION: Ordinance authorizing the City Manager or designee to execute a Service Agreement with Sweet Spot Tennis, LLC ("Contractor") for management and operations of Al Kruse Tennis Center for a term of 4 months at $3,166 per month, with up to four additional one- month extension option periods; and the Contractor will receive 95% of all Pro Revenue and 50% of collected City Revenue at Al Kruse Tennis Center and the City will receive 5% of all Pro Revenue and 50% of collected City Revenue at Al Kruse Tennis Center. PURPOSE: This item is to approve a short-term Al Kruse Tennis Center Service Agreement with Sweet Spot Tennis, LLC until such time that a new solicitation can be processed and a new contract awarded. BACKGROUND AND FINDINGS: The Al Kruse Tennis Center was previously under a contract and lease agreement with Tennis Pro Susan Shelby Torrance until her recent retirement. The Parks and Recreation Department secured a temporary agreement with a local tennis instructor to continue operations. The solicitation process was performed by the City of Corpus Christi's Purchasing Department to find a new contractor to operate the tennis center. A selection was made and a Service Agreement was presented to the City Council on February 14, 2017. At that meeting the item was tabled to February 21, 2017. After discussion during the February 21st meeting the motion was made to table the item to the council meeting on March 21, 2017. The item did not pass at the March 21st meeting. A Motion of Direction was made during the meeting and it was directed that the City Manager would bring back a temporary contract for council's approval. At this time the department is requesting the authorization to implement the temporary, short-term agreement with Sweet Spot Tennis, LLC, Gerald Tjon A Joe, until the solicitation process has been completed for a new Service Agreement. The department is currently benchmarking with other cities to obtain information on various management options for tennis centers. ALTERNATIVES: Not authorize the Service Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The City Council must approve all Ordinances. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016- 17 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $37,992.00 $37,992.00 Encumbered/ Expended Amount $12,351.00 $12,351.00 This item $12,664.00 $12,664.00 BALANCE $12,977.00 $12,977.00 Fund(s): General Fund — 1020 Comments: None RECOMMENDATION: Staff recommends authorizing the short-term Service Agreement for Al Kruse Tennis Center. LIST OF SUPPORTING DOCUMENTS: Ordinance Service Agreement Ordinance authorizing the City Manager or designee to execute a Service Agreement with Sweet Spot Tennis, LLC ("Contractor") for management and operations of Al Kruse Tennis Center for a term of 4 months at $3,166 per month, with up to four additional one-month extension option periods; and the Contractor will receive 95% of all Pro Revenue and 50% of collected City Revenue at Al Kruse Tennis Center and the City will receive 5% of all Pro Revenue and 50% of collected City Revenue at Al Kruse Tennis Center Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or her designee is authorized to execute a Service Agreement with Sweet Spot Tennis, LLC ("Contractor") for management and operations of Al Kruse Tennis Center for a period of 4 months with up to four additional one-month extension option periods. SECTION 2. The City will pay the Contractor $3,166.00 per month. The City will receive 5% of all Pro Revenue and 50% of collected City Revenue at Al Kruse Tennis Center and the Contractor will receive 95% of all Pro Revenue and 50% of collected City Revenue at Al Kruse Tennis Center. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED this the day of , 2017 ATTEST: Rebecca Huerta Mayor City Secretary SERVICE AGREEMENT NO. AL KRUSE TENNIS CENTER MANAGMENT THIS Al Kruse Tennis Center Management Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Sweet Spot Tennis, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, City desires to have Contractor provide short-term management and operational services for the Al Kruse Tennis Center in response to a quote obtained from the Contractor; NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Al Kruse Tennis Center Management ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, and the Contractor's proposal, 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. 2. Term. This Agreement is for approximately four months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division and ending on August 31, 2017. 3. This Agreement includes an option to extend the term for up to four additional one- 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. 4. Compensation and Payment. The City will pay the Contractor $3,166.00 per calendar month for Services completed and accepted by the City within 30 days of receipt of an acceptable invoice. In the event the initial term does not begin at start of a calendar month the initial monthly invoice shall be paid on a pro rata basis. The Contractor will also retain 95% of the Pro Revenue and 50% of the City Revenue as further described in Attachment A. 5. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Becky Perrin, Assistant Director Parks & Recreation Department (361) 826-3498 BeckyP@cctexas.com 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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 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. 14. 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. 15. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 16. 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. 17. 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: Becky Perrin, Assistant Director Parks & Recreation Department 1201 Leopard St., 2nd Floor, Corpus Christi, TX 78401 Fax: (361) 826-3864 IF TO CONTRACTOR: Sweet Spot Tennis, LLC Attn: Gerald S. Tjon-A-Joe President 14145 La Blanquila Dr., Corpus Christi, TX 78418 Fax: 18. 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. 19. 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. (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. 20. 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. 21. 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. 22. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement and its attachments, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement; then, B. its attachments. 23. 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. 24. 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. 25. 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) CONTRACTOR Signature: 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: Proposal Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements pa Attachment A: Scope of Work 1. General Requirements A. The Contractor will operate and manage the City of Corpus Christi's Al Kruse Tennis Center("The Center") located at 502 King Street, Corpus Christi, TX 78401. B. The City will pay the Contractor $3,166.00 per month, payable monthly by the tenth business day of each calendar month during this contract for this service. Any fee due after fiscal year 2017, is subject to appropriation by City council in the applicable fiscal year budget. C. Contractor shall be granted the exclusive right to operate and collect 95% of the revenue from a Pro Shop at the Center including the right to: 1. Sell Merchandise 2. Rent rackets, ball machines, buckets of balls 3. String and repair rackets 4. Operate a food and drink concession 2. Scope of Work A. Contractor shall operate the tennis center in conformity with the laws of the State of Texas and ordinances, rules and regulation of the City of Corpus Christi. B. Contractor shall operate and manage the Center, including without limitation, all activities in the locker/restroom. C. Contractor shall employ a sufficient number of employees to assist in conducting lessons, operating the Pro Shop, and scheduling courts. All employees shall be employees of the Contractor, not the City. D. Contractor shall provide fidelity bonds for Contractor and any employees who handle cash or credit cards. These bonds must be provided to the Contract Administrator and must be a good and sufficient fidelity bond in the sum of Five Thousand ($5,000) Dollars, written by a corporate surety duly licensed under Texas laws to write fidelity bonds. These bonds must be kept in effect for the entire term of this agreement and any holdover period. These bonds must assure payment to the City of all City revenue collected by Contractor and Contractor's employees on behalf of the City and the prompt payment of five (5%) percent of Contractor's revenue, including lesson revenue, to which City is entitled. E. At City's cost, Contractor and any assistants, sub -contractors or support personnel shall complete a national background history check with the City prior to instructing. The City shall retain the right to prohibit anyone from working on this agreement based on the results of the background check. F. Contractor shall ensure all employees conduct themselves in an orderly manner and in keeping with the conduct required of employees in service organizations. Contractor shall ensure that employees do not consume intoxicating substances on premises or report to work under the influence of same. Contractor and its employees shall use language and conduct that is suitable to families and youth. G. None of the contract services may be subcontracted without the prior written approval of the Contract Administrator. H. Contractor shall adequately publish and enforce all rules and regulations governing the playing of tennis, fees and all other activities, as may be conducted at the Center. I. Contractor will provide suitable signage at the Pro Shop advising the public that the business activity is operated by the Contractor as an independent contractor and not operated by the City. J. Contractor must maintain and promote a continuing program to attract citizens and tourists to use the Center, particularly weekend play, and must maintain rental tennis rackets for use by the public. A schedule of hours of operation for must be posted and filed with the Contract Administrator. K. Contractor shall organize, promote, recruit and conduct local and United States Tennis Association (USTA) sanctioned tennis tournaments. L. Contractor shall promote the game of tennis through youth programs. M. Contractor must submit to the Contract Administrator, each month, a program of activities for the forthcoming month identifying, at a minimum, leagues, lessons, youth and adult programs, tournaments by dates and estimated number of participants and hours of operation. N. Contractor must notify the Contract Administrator of all dangerous conditions or special defects. Contractor must not use, or allow to be used, any areas of the Center which has dangerous conditions or special defects. 0. Contractor shall be responsible for providing all necessary supplies to operate and manage the tennis center. The Contractor may collect and retain rental fees for the utilization of their equipment such as ball machines. P. Contractor shall be responsible for picking up trash generated by use of the Center for classes, tournaments, clinics, camps, etc. This includes trash on and immediately around the courts, restroom facility, and office at the beginning or conclusion of use. Trash is defined as any discarded, unwanted or worthless material or object. Q. Contractor shall make no alterations to the Center without the Contract Administrator prior written approval. R. The City is responsible for all Center maintenance including utilities and custodial services and minor repairs at the Center, subject to annual appropriation of funds. Contractor shall allow the City or its designee's entrance during normal operating hours for the purpose of maintenance. In consideration of this, it is agreed that the Contractor must make no claim for any damages against the City for loss of income due to the City's failure to make any repairs. S. Contractor shall make a minimum of four tennis courts available to the public whenever the Contractor or authorized individuals are giving, or available to give tennis lessons, with the exception of tournaments. T. Contractor must collect and deposit specified percentage of City and Pro Revenue daily into the City's account. City Revenue is defined as all court fees, permit fees, locker fees, and other City charges at the then current rate set by the Contract Administrator. City Revenue does not include any Pro Revenue. Pro Revenue is defined as all gross revenue received from the Pro Shop or for the use of the Center, including but not limited to, tournaments, league play, summer camps, merchandise sales, racket rentals, tennis lessons, racket stringing, racket repairs, food and drink sales, excluding all applicable separately stated taxes and bulk merchandise sales to schools at wholesale prices if Contractor provides the Contract Administrator with a copy of the sales receipt. To be excluded from Pro Revenue, any other wholesale or bulk sale to anyone but a school, must be approved in writing by the Contract Administrator prior to the sale. Pro revenue also includes lesson revenue. Contractor has the exclusive right at the Center to give, or authorize tennis lessons, camps, or other forms of teaching sessions. If any person receiving tennis lessons does not have a tennis permit, Contractor must charge the City court fee for each lesson provided, which will be included in City Revenue. U. The City is entitled to receive 50% of the City Revenue and 5% of the Pro Revenue. Contractor must deposit, daily, fifty percent (50%) of the City Revenue and five percent (5%) of Pro Revenue, together with daily cash register tapes and the daily report at the City's designated depository. The remainder City Revenue and Pro Revenue is retained by Contractor as Contractor's separate revenue. V. Contractor shall be granted the exclusive right to operate a Pro Shop at the Center including the right to: 1. Sell Merchandise 2. Rent rackets, ball machines, buckets of balls 3. String and repair rackets 4. Operate a food and drink concession 3. Record Keeping A. Contractor shall furnish to the Contract Administrator a certified monthly statement of Pro Revenue on or before the tenth day of each month during the contract term. The Contract Administrator will approve the statement form prior to commencement of the Contract. B. Contractor shall keep accurate books of account of all Pro Revenue collected. The books of account will be open for inspection, copy, or audit by the City Manager, or designee, at all times. All books of account and backup documentation must be available to the Contract Administrator for review during the City's business hours. C. Contractor shall have all underlying documentation for Pro Revenue, lesson revenue, City Revenue and Contractor's certified monthly statement, including cash register tapes, purchase orders, invoices, sales receipts, counter information, and the like must be preserved by the Contractor during the Contract term. ATTACHMENT B Proposal of management of Al Kruse Tennis Center Gerald Tjon A Joe dba Sweet Spot Tennis LLC will provide a comprehensive Tennis program to Al Kruse Tennis center; 1. Private and group lessons provided with a USPTA certified tennis professional 2. A pro -shop that supplies the basic needs such as stringing, grips, sweatbands and concessions. 3. Programming of leagues, tournaments and play days. 4. Times of operation of the center Monday thru Thursday from 9am till 9pm, Friday from 9am to 8pm, Saturday 9am till 2pm and Sunday 1 pm till 5pm. 5. Provide the insurances required by the city. To cover the expenses of staffing the facility and provide the necessary insurances Gerald Tjon A Joe dba Sweet Spot Tennis LLC proposes the following; 1.Monthly contract of $3166.67 2. 50% of court fees 3. 95% of all sales and Lessons 5% goes to the city. Attachment C - INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and 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 GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: Commercial Broad Form 2. Premises - Operations Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 CRIME $500,000 per occurrence PROPERTY Contractor will be responsible for 1. Replacement cost providing property coverage for any and all damage to personal property or equipment, regardless if owned, rented, leased or borrowed that is stored on-site. 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, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. Page 15 of 16 Attachment D: Warranty Warranty is not applicable for this service. Page 16 of 16 Run: 05/02/2017 at 5:00 AM CITY OF CORPUS CHRISTI, TEXAS APPROPRIATION EXPENDITURE REPORT BY ORGANIZATION FOR THE 8 MONTHS ENDED May 31, 2017 ORGANIZATION: 13222 -Al Kruse Tennis Ctr Operations Fund: 1020 - General Fd Annual Commitments & Unencumbered % of Budget Acct# Account Description Original Budget Amended Budget Expenditures Encumbrances Balance Expended 520030 Chem/hsld supplies 2,000.00 2,000.00 487.35 220.19 1,292.46 35.38 520100 Computer equip & softwar 500.00 500.00 0.00 970.00 (470.00) 194.00 520120 Office Supplies 105.00 105.00 194.00 0.00 (89.00) 184.76 520130 Maint & repairs 2,000.00 2,000.00 311.94 0.00 1,688.06 15.60 520170 Recreational supplies/eqp 878.00 878.00 911.92 0.00 (33.92) 103.86 530000 Professional services 37,992.00 37,992.00 12,351.00 0.00 25,641.00 32.51 530080 Light heat & power 17,000.00 17,000.00 6,041.62 928.06 10,030.32 41.00 530090 Utilities - city 0.00 0.00 217.29 1.93 (219.22) 0.00 530180 Non -Capital Lease PaymE 300.00 300.00 0.00 0.00 300.00 0.00 530200 Telephone/telegraph servi 1,300.00 1,375.98 459.14 75.98 840.86 38.89 530210 Building maint & service 1,000.00 1,000.00 823.00 93.00 84.00 91.60 530211 Bldg maint & Service -inter 225.00 225.00 0.00 0.00 225.00 0.00 540255 Cash shor/over 0.00 0.00 (1.75) 0.00 1.75 0.00 Total Operating Costs 63,300.00 63,375.98 21,795.51 2,289.16 39,291.31 38.00 TOTAL 63,300.00 63,375.98 21,795.51 2,289.16 39,291.31 38.00 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of May 9, 2017 Second Reading Ordinance for the City Council Meeting of May 16, 2017 DATE: April 10, 2017 TO: Margie C. Rose, City Manager FROM: Julio Dimas, Interim Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Closing a portion of a utility easement located at 3733 South Port Ave CAPTION: Ordinance abandoning and vacating a 268 -square foot portion of an existing utility easement out of a part of Great Gulf Corporation, Block 1, Lot 3, located at 3733 South Port Ave. and requiring the owner, Nueces County Health and Retardation Community Center, to comply with the specified conditions. PURPOSE: The purpose of this item is to eliminate a portion of a utility easement and allow for Nueces County Health and Retardation Community Center to construct an expansion of the existing building. BACKGROUND AND FINDINGS: Nueces County Health and Retardation Community Center (Owner) is requesting the abandonment and vacation of a 268 -square foot portion of an existing utility easement out of a part of Great Gulf Corporation, Block 1, Lot 3, located at 3733 South Port Ave. The abandonment and vacation of the utility easement is being requested by the Owner in conjunction with the expansion of the existing building. Staff recommends the Owner pay a one-time fair market value fee in accordance with City Code of Ordinance Section 49-13. The Owner will not be dedicating a utility easement to off -set the requested abandonment. The Owner has been advised of and concurs with the specified conditions of the Ordinance in regards to the easement dedication and the recording and filing of the ordinance. The Owner must also comply with all the specified conditions of the abandon and vacate ordinance within 180 days of Council approval. ALTERNATIVES: Denial of the utility easement closure. This will, however, adversely impact the Owner's ability to move forward with future development of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances, Section 49-12 and 49-13. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies stated objections regarding the proposed utility easement abandonment. FINANCIAL IMPACT: ❑ Operating • •Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item One-time fee $804.00 $804.00 BALANCE $804.00 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the easement closure. The Owners must comply with all the following specified conditions of the easement closure ordinance: a. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. b. In exchange for the City's grant of the easement closure the Owner agrees to provide the City with a one-time payment of $804.00 c. Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Location Maps Ordinance abandoning and vacating a 268 -square foot portion of an existing utility easement out of a part of Great Gulf Corporation, Block 1, Lot 3, located at 3733 South Port Ave. and requiring the owner, Nueces County Health and Retardation Community Center, to comply with the specified conditions. WHEREAS, Nueces County Health and Retardation Community Center (Owner) is requesting the abandonment and vacation of a 268 -square foot portion of an existing utility easement out of a part of Great Gulf Corporation, Block 1, Lot 3, located at 3733 South Port Ave; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 268 -square foot portion of an existing utility easement, subject to compliance by the Owner with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Nueces County Health and Retardation Community Center ("Owner"), a 268 -square foot portion of an existing utility easement out of a part of Great Gulf Corporation, Block 1, Lot 3, located at 3733 South Port Ave., as recorded in Volume 51, Page 43 of the Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description and field notes, "Exhibit B", which is the graphical representation of the legal, and "Exhibit C", which is the location map which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. b. In exchange for the City's grant of the easement closure the Owner agrees to provide the City with a one-time payment of $804.00 c. Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Mayor STATE OF TEXAS COUNTY OF NUECES 0.006 Acre Easement Closure Exhibit "A" Job No. 43116.B700 February 20, 2017 Rev: April 18, 2017 Fieldnotes, for a 0.006 Acre Easement Closure, being a portion of an existing utility easement, of Lot 3, Block 1, Great Gulf Corporation, a map of which is recorded in Volume 51, Page 43, of the Map Records of Nueces County, Texas; the said 0.006 Acre Easement Closure being more fully described as follows: Commencing, at a TxDOT Monument (Type 11) Found, on the East Right -of -Way of Crossway Expressway (State Highway 286), a public roadway, for the Northwest comer of the said Lot 3, from Whence, a 5/8 Inch Iron Rod Found, being the Southwest corner of the said Lot 3, bears South 01°13'25" East, 229.41 Feet; Thence, South 61°49'13" East, with the North line of the said Lot 3, 80.86 Feet, from Whence, the Northeast corner of the said Lot 3, bears South 61°49'13" East, 263.42 Feet; Thence, South 28°10'47" West, over and across the said Lot 3, 8.00 Feet, to the Point of Beginning, and the Northwest corner of this Tract; Thence, South 61°49'13" East, 133.79 Feet, for the Northeast corner of this Tract; Thence, South 28°10'47" West, 2.00 Feet, to the Southwest line of a 10 Foot Wide Utility Easement, as shown on the Plat of the said Lot 3, for the Southeast corner of this Tract; Thence, North 61°49'13" West, with the said Utility Easement, 133.79 Feet, to the Southwest corner of this Tract; Thence, North 28° 10'47" East, departing the said Utility Easement, 2.00 Feet, to the Point of Beginning, containing 0.006 Acres (268 SqFt) of Land, more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. S:\Surveying\43116\B700\43116B700.Docx OFFICE: (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 AN ENG James D. Carr, R.P.L.S. License No. 6458 Page 1 of 1 FAX (361)854-6001 Point of Commencement LEGEND: 0 5/8 Inch Iron Rod stomped "URBAN ENCR CC Tx" Found • 5/8 Inch Iron Rod Found ® TXDOT Monument (Type II) Found Point of ▪ Beginning LINE BEARING DISTANCE L1 S 28'10'47" W 8.00' L2 S 28110'47" W 2.00' L3 N 28'10'47" E 2.00' Sec 661 C °, G q� e N° Nors o R4• C S22q °°r 4 ifENGINEERING URBAN MOE FIRM NO. I.. TOP. FIPAI NO. loom000 REV: APRIL 18, 2017 DATE: FEB. 20, 2017 SCALE: 1 "=30' JOB NO.: 43116.B700 SHEET: 1 OF 1 DRAWN BY: CDS urbansuryey103.4rbaneng.com 02017 by Urban Engineering Exhibit "B" Sketch to Accompany Fieldnotes, for a 0.006 Acre Easement Closure, being a portion of an existing utility easement, of Lot 3, Block 1, Great Gulf Corporation, a map of which is recorded in Volume 51, Page 43, of the Map Records of Nueces County, Texas. 0.006 Acres 268 SqFt Lot 3, Block 1 Great Gulf Corporotion Vol. 51, Pg. 43, M.R.N.C.T. Doc. No. 2001047442, 0.P.R.N.C.T. Owner: Nueces County Health and Mental Retardation Community Center 0 15 30 GRAPHIC SCALE 1"=30' COUNTY OF NUECES CITY OF CORPUS CHRISTI LOCATION MAP N.T.S Exhibit "C" Location Map Site Map to Accompany Fieldnotes, for a 0.006 Acre Easement Closure, being a portion of an existing utility easement, of Lot 3, Block 1, Great Gulf Corporation, a map of which is recorded in Volume 51, Page 43, of the Map Records of Nueces County, Texas. URBAN ENGINEERING 113PE "RN NO. 145, 1BPLS Fl1211 N0. 10032400 2725 SWANINER OR. CORPUS CHRIST, 14 78404 PHONE 361.854.3101 n%IURBANENOCON REV: APRIL 18, 2017 DATE: FEB. 20, 2017 SCALE: 1 "=30' JOB NO.: 43116.B700 SHEET: 1 OF 1 DRAWN BY: CDS urbansurveyl®urbaneng.com 02017 by Urban Engineering Aerial Overview 1 N Vicinity Map rgsCos� .� .,. A T! - , S ._. T. ili \� ,- 41111"1 i II J L. _ _f__ 4... OA i .114 41 Y y 'V (#44'0I .� \' \ 1 yR 1� 'l*' i. \ 1 VARR, m CR 6025 R 60 xa CR GR 6049 6050 iveosl CR 6053 Q Anier Co pus 1 o Christi Bay ✓ r� CR 241 /; • AGR se 4, JI 22 `a.� \ – ;yyy f Ia'al CR 26 CR 33 CF A�_ \ _...'' 1■ CCR 49—� CR 4,2 CR 53 CR 47 ���AII• / AGENDA MEMORANDUM First Reading for the City Council Meeting of May 9, 2017 Second Reading for the City Council Meeting of May 16, 2017 DATE: TO: FROM: April 12, 2017 Margie C. Rose, City Manager Laura Z. Garcia, Library Director lauraga@cctexas.com 826-7070 Ordinance appropriating $25,000 bequeathed from Paralee Price estate into Library Grants Fund No. 1068. CAPTION: Ordinance appropriating $20,000 bequeathed from Paralee Price into the Library Grants Fund No 1068 to provide the opportunity for all children to have access to cost-free educational materials at Corpus Christi Public Libraries; and appropriating $5,000 bequeathed from Paralee Price into the Library Grants fund No 1068 for the designated purpose of purchasing reading materials in large print format for the Anita & W.T. Neyland library branch. PURPOSE: Corpus Christi Public Libraries will purchase $20,000 in children's educational material and $5,000 in large print format for the Anita & W.T. Neyland Public Library. BACKGROUND AND FINDINGS: Paralee Price passed away June 13, 2016. Corpus Christi Public Libraries was one of several local entities named in her Will. ALTERNATIVES: Do not approve. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Yes EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Finance. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None. RECOMMENDATION: Staff recommends appropriation of funds. LIST OF SUPPORTING DOCUMENTS: Ordinance. Ordinance appropriating $20,000 bequeathed from Paralee Price into the Library Grants fund No 1068 to provide the opportunity for all children to have access to cost-free educational materials at Corpus Christi Public Libraries; and appropriating $5,000 bequeathed from Paralee Price into the Library Grants fund No 1068 for the designated purpose of purchasing reading materials in large print format for the Anita & W.T. Neyland library branch. Whereas, Paralee Price bequeathed $20,000 to the Corpus Christi Public Libraries to provide the opportunity for all children to have access to cost-free educational materials; and Whereas, Paralee Price bequeathed $5,000 Anita & W. T. Neyland branch of the Corpus Christi Public Libraries for the designated purpose to purchase reading materials in large format printing with such funds to be expended within three years and not to become part of the general fund; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That $20,000 bequeathed from Paralee Price is appropriated into the Library Grants fund No 1068 to provide the opportunity for all children to have access to cost- free educational materials at Corpus Christi Public Libraries. Section 2. That $5,000 bequeathed from Paralee Price is appropriated into the Library Grants fund No 1068 for the designated purpose of purchasing reading materials in large print format for the Anita & W.T. Neyland branch with such funds to be expended within three years. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED, this the day of , 2017. ATTEST: Rebecca Huerta Mayor City Secretary 2 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: Legistar Number: 17-0492 April 25, 2017 Agenda Item: Ordinance appropriating $20,000 bequeathed from Paralee Price into the Library Grants Fund No 1068 to provide the opportunity for children to have access to cost-free educational materials at Corpus Christi Public Libraries; and appropriating $5,000 bequeathed from Paralee Price into the Library Grants fund No 1068 for the designated purpose of purchasing reading materials in large print format for the Anita & W.T. Neyland library branch. Amount Required: (Amount to be Certified) $ 25,000 Fund Name Accounting Unit Account No. Activity No. Amount Libraries Grant 1068-888-340000 20120 807715L $ 5,000 Libraries Grant 1068-888-340000 20120 807716L $20,000 Total $25,000 ❑ Certification Not Required Constance Sanchez Date Director of Financial Services AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of May 9, 2017 Second Reading Ordinance for the City Council Meeting of May 16, 2017 DATE: April 28, 2017 TO: Margie C. Rose, City Manager FROM: Alyssa M. Barrera, Business Liaison AlyssaB(c�cctexas.com (361) 826-3356 Daniel McGinn, Assistant Director of Planning/ESI DanielMc(c�cctexas.com (361) 826-7011 Creation of new Industrial District Agreement for Basic Equipment Co. Owned Property CAPTION: Ordinance disannexing from the City of Corpus Christi, Texas, an approximately 3.41 - acre tract of land owned by Basic Equipment Company 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 tract; authorizing the City Manager, or designee, to execute an Industrial District Agreement with Basic Equipment Company, requiring the payment of 100 percent of the ad valorem taxes that would be due if the tract was 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 create an Industrial District Agreement (IDA) with Basic Equipment Company, for 100% Payment -In -Lieu -of -Taxes (PILOT) on properties which they intend to invest $2 million. BACKGROUND AND FINDINGS: In September 2013, the City Council approved a Master IDA with modifications to key financial provisions. The 2015 IDA removed 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. In the years following the approval of the current IDA template, some companies in the IDA have requested their "contiguous property" be disannexed to keep their property subject to a uniform standard of rules. In the fall of 2016, the Council approved disannexation of a few parcels owned by CITGO, with terms of 100% PILOT on Land, Improvements and Business Personal Property. CITGO plans $8 million of improvements over the next three years. Recently, Basic Equipment Co. provided written request to have the property disannexed and included in their existing IDA. Basic Equipment is proposing a $2 million Welcome and Training Center to replace an existing maintenance building on their property. Basic Equipment Co. has agreed to the same provisions that the Council has previously approved - 100% PILOT on Land and Improvements and continuing to pay Business Personal Property at 100%. ALTERNATIVES: To deny Basic Equipment Co.'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 Basic Equipment Co. 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: Presentation — Basic Equipment Disannexation / IDA 7B Ordinance — Basic Equipment Disannexation / IDA 7B Section 2 Attachment - Metes & Bounds, Map — Tract A Section 4 Attachment - Metes & Bounds, Map — Industrial District 1 Section 5 Attachment - Industrial District Agreement 7B — Basic Equipment Form 1295 Disannexation & New Industrial District Agreement with Basic Equipment Company Proposed Ordinance to Disannex Land and to Place the Land in Industrial District No. 1 Council Presentation May 9, 2017 Industrial Districts Industrial Diatrict 1 Industrial District 2 EGON.* ST AN E4 g s AONES ST 2 Payment in Lieu of Taxes Existing Industrial District Agreement • Land - 100% PILOT • Improvements — 0% PILOT Year 1-4 62.5% PILOT Year 5+ • Business Personal Property — 0% PILOT Proposed Basic Equipment Industrial District Agreement • Land - 100% PILOT • Improvements - 100% PILOT • Business Personal Property - 100% PILOT Map of Property Proposed Disannexation Area Kt 0.125 0.25 0.5 Miles I la = Inside City Limits OCL = Outside City Limits — Disannexation Boundary Proposed Disannexation Area: 3.41 Acres 4 Proposed Investment • New Training / Welcome Center • $2 Million Investment Questions? ORDINANCE DISANNEXING FROM THE CITY OF CORPUS CHRISTI, TEXAS, AN APPROXIMATELY 3.41 -ACRE TRACT OF LAND OWNED BY BASIC EQUIPMENT COMPANY 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 TRACT; AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH BASIC EQUIPMENT COMPANY, REQUIRING THE PAYMENT OF 100 PERCENT OF THE AD VALOREM TAXES THAT WOULD BE DUE IF THE TRACT WAS 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 No. 1 and Corpus Christi Industrial Development Area No. 2 and renamed such areas Page 1 of 4 "Industrial District No. 1 and Industrial District No. 2", herein collectively called "Industrial Districts;" and WHEREAS, Basic Equipment Company ("Basic") wishes to have a certain parcel 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 Basic 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, Basic has agreed to enter into an IDA pertaining to the parcel that will commit to paying 100 percent of ad valorem taxes that would be due for the parcel if it was 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 3.41 -acre tract of land owned by Basic 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. The boundaries of the City of Corpus Christi, Texas are adjusted to exclude that property comprising the above referenced tract of land. SECTION 4. 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 5. The City Council approves and authorizes the City to enter into the attached Industrial District Agreement No. 7B with Basic, which requires Basic to pay 100 percent of the ad valorem taxes that would be due for the tract if it was 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. Page 2 of 4 SECTION 6. If Section 4, Section 5, or the attached Industrial District Agreement No. 7B 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, that judgment 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: Mayor Rudy Garza Ben Molina Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Joe McComb Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Mayor Rudy Garza Ben Molina Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Joe McComb Carolyn Vaughn PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta Mayor City Secretary Page 4 of 4 Attachment to Ordinance Creating IDA 7B — Basic Equipment Co. Section 2 Attachment— Map and Metes and Bounds Describing Tract A LEGAL DESCRIPTION BY METES AND BOUNDS OF LOT 1, BLOCK 3, INTERSTATE INDUSTRIAL COMPLEX, CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN ON THE PLAT RECORDED IN VOLUME 32, PAGE 36, OF THE MAP RECORDS OF NUECES COUNTY Beginning at a point on the east right of way line of Corn Products Road, S 80°51'25" E for 519.65 feet, to a 4 -inch iron pipe; thence S 00°39'47" E for 300 feet, to a one -inch iron pipe and the north right of way of IH -37; thence N 80°51'04" W for 419.25 feet to a concrete marker; thence N 40°47'09" W for 153.09 feet to a concrete marker on the east right of way of Corn Products Road; thence N 00°44'41" W for 200 feet back to the point of beginning Proposed Disannexation INDUSTRIAL!DISTRICT/NUMBER ////fr//7 Cirpit.. CitYlimrt One .. N ICL Proposed Disannexation rea FWy Y _ SKYLINE OR 0.125 0.25 0:5 Miles AIRSTREAM DR 1I1I /R WY ICL = Inside City Limits OCL = Outside City Limits - Disannexation Boundary Proposed Disannexation Area: 3.41 Acres Attachment to Ordinance Creating IDA 7B — Basic Equipment Co. Section 4 Attachment— Map and Metes and Bounds Describing New Industrial District 1 Corpus Christi Industrial District No. 1 Approximately 9,778 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 r 1 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. 531°41'45"W a distance of 1257.54' to a point on the northwesterly right-of-way line of the Missouri Pacific railroad; b. S61°27'47"E along said right-of-way a distance of 290.36' c. S61°23'34"E continuing along said right-of-way a distance of 175.07' d. 531°15'00"W crossing said right-of-way a distance of 130.06' to a point; e. S61°23'30"E a distance of 87.35' to a point; f. 531°41'45"W a distance of 159.95' to a point; g. 558°18'15"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. 527°34'30"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. 531°15'00"W a distance of 171.81' to an angle point therein; c. S34°59'12"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 205, 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 522°42'30"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 00 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-R, 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-R 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-R said corner Tying 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 01'41'30" 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 5 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 S9, 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 5 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 5 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 5 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 5 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 corner 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 59-37-15 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 S 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 corner 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; 4 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 of Lot 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 Poth 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 S 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 corner 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; 5 75) 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; 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. N36°17'20"E a distance of 177.95' to a point at the northeasterly corner thereof; b. N53°38'30"W a distance of 186.97' to the northwesterly corner thereof; c. 518°33'30"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 Records of Nueces County, Texas; 98) THENCE with said Lot 1: a. N80°51'04"W along the northerly right-of-way line of Interstate Highway 37 a distance of 419.25' to a point at the southwesterly corner thereof; b. N40°47'09"W a distance of 153.09' to the east right-of-way of Valero Way (Corn Products Road) where it meets the northerly right-of-way of Interstate Highway 37; 99) THENCE northwesterly crossing said Valero Way (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. S01°26'W a distance of 437.96' to a point at the southwesterly corner thereof; b. S54°44'45"E a distance of 172.72' to the southeasterly corner thereof; c. N01°26'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 corner 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); 125) 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; 9 132) 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. S89°35'W a distance of 574.53' to a point at the northwest corner thereof; b. S00°25'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. 500°03'14"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. N66°08'W a distance of 363.81' to the southwesterly corner thereof; c. N00°03'14"E a distance of 505.18' 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 Zine 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 an 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 #2011026606 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; 13 Area 3: 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. This the 27th day of April, 2017 oci Russell D. Ochs R.P.L.S. #5241 x z z 0 zz z 0 Y o L-ff INDUSTRIAL DISTRICT NO. 1 Revised: 4/27/2017 Revised: 8/24/2016 CITY of CORPUS CHRISTI, TEXAS Deportment of Engineering Services Survey Division Dote: 9/6/2013 Drawn By: Checked By: Project: SHEET 1 OF 2 K:\Engineering\Survey\PROJECTS\INDUSTRIAL DISTRICTS 1 AND 2\LIMITS OF INDUSTRIAL DISTRICT 1.DWG oim 2111ua _ esimrir_. 'Ar.f.3 iiiI. FG .-,Fno9e - utniihf_ 9h �f7L:J6ikir��'•i ',11/11P114,l: f.us .. �.+e r. hii6modea �lC.liGhliL. INDUSTRIAL DISTRICT NO. 1 Revised.- 4/27/2077 Revised: 8/24/2016 bald CITY of CORPUS CHRISTI, TEXAS Deportment of Engineering Services Survey Division Date: 9/6/2013 Drown By: Checked By: Project: SHEET 2 OF 2 K:\Engineering\Survey\PROJECTS\INDUSTRIAL DISTRICTS 1 AND 2\LIMITS OF INDUSTRIAL DISTRICT 1.DWG Attachment to Ordinance Creating IDA 7B — Basic Equipment Co. Section 5 Attachment— Industrial District Agreement 7B — Basic Equipment Co. INDUSTRIAL DISTRICT AGREEMENT NO. 7B 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 Basic Equipment Company (a wholly-owned subsidiary of Berry Contracting, Inc.) a Texas 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 terns 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 Iimited 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. City. 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. hnprovements. 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 Improvements (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 (l0O%) 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°/x) 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 5 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. lf, 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 11.31, 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%) 6 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 thc 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, 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). 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 Riehts 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 attorney 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 8 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 Assienment. 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 9 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 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 ane 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 Patricia 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 Aereement. 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. 10 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 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 copies to: If to Company: With copies to: Ms. Margie C. Rose City Manager City of Corpus Christi 1201 Leopard F.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 Mr. Edward A. Martin, Vice President Basic Equipment Company P.O. Box 4858 Corpus Christi, Texas 78469 361-693-2100 Basic Equipment Company Mr. Charles A. Vanneman Legal Counsel P.O. Box 4858 Corpus Christi, TX 78469 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. 1.1 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. Section 10.06 Authority. By acceptance of this Agreement and/or 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. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 12 ENTERED into this day of , 2017. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Margie C. Rose, City Manager LEGAL FORM APPROVED of , 2017 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 , 2017, 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 Notary Public STATE Or TEXAS '�t s� My Comm. Emu 01.02-20181 ATTEST: Name: Title: THE STATE OF COUNTY OF LAND & IMPROVEMENTS OWNER Basi By: ent Comp Name: Edward A. Martin Title: Vice President LAND & IMPROVEMENTS OWNER ACKNOWLEDGMENT This instrument was acknowledged before me on4?f day of , 2017, by Edward A. Martin, as the Vice President of Basic Equipment Company, a Texas Corporation, on behalf of said corporation. Given under my hand and seal of office this Notary Public, State of Printed Name: My Commission expires: day of , A.D., 2017. 14 EXHIBIT A Geographic ID Number Designated By Nueces County Appraisal District Nueces County Appraisal District Geographic IDs and Legal Descriptions Exhibit A Industrial District Agreement 117B Basic Equipment Company Confirmed b Cit ID T .e Le_aI Descri•tions 3595-0003-0010 7B Outside Land INTERSTATE INDL COMPLEX LT 1 RK 3 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 Geographic ID aaoaarnpaasaoor ia-xxspana-ansa Description Land Total Pre 2007 2007 2008 2009 2010 2011 2012 2013 2014 • Total _ _ - _ _ a duly authorized official of the above company, do swear that the informa ion provided Is accurate to the best of my knowledge. Email Signature of Authorized Official Printed Name Sworn to and subscribed before me by on this day of 20 (Personalized Seal) Notary Public's Signature Date Authorised Official's Title 1 of 1 EXHIBIT C City Ordinance Creating Industrial Districts AN ORDINANCE AUTRORIZING THE REESTABLISHMENT OF LAND AREAS LOCATED WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE QTY 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 WITHIN 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 a diitetritoriai jurisdiction as an Industrial District, and to treat such area film 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 eater 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 attrscting 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. 15896, approved November 26, 1980. as amended, indicating its willingness to anter into industrial district agreements with industries located within its extrateaitorial 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 coaeex certain boundary issues, the City Council desires to reestablished the boundaries of the land areas !mown as Corpus Christi Indttsarial 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"; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The findings ermined in the preamble of this Ordinance are determined to be true and coma and are hereby adopted as a part of this Ordinance. 029958 INDEXED SECTION 2. Industrial District 1 and Industrial District 2 are herby established as described in Fadu`hit 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 inay 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 bas 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 form as shown in the document which is attached hereto and incorporated herein as Exhibit B. 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 signrahues and to affix the seal of the City to all such documents. ATTEST: THE OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor That thef: o ' was read for the second time and passed finally on this the day of 4 M t3 by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott PASSED AND APPROVED, this the [ 1 th day of ATTEST: 16rt,z0-64--- City Secretary Nelda Martinez Mayor 029958 EXHIBIT A Boundaries of Industrial District 1 and Industrial District 2 Corpus Christi Industrial District No.1 Approximately 9,775 Aces wkldn Nueces County, Telles„ outside the city knits of the City of Corpus Christi end generally bounded en the southwest by the northeast right-of-way o r Interstate H1ghwey No. 37, an the north by the south shoreline of the Pietas River and Nueces Hay, on the West by the East richt-of-way of Carbon Plant Road Qom Fulton Corridor) from Interstate Highway No. 37 to Mcdtlnzle lane anti the north tight -of -way of Mtkkuk Lane horn the east right-of-way of Carbon Plant Road to the east property the of the City's Python WasterraterTreatment Plant and atrxig the east property line of the Ctgrs Allison Wastewater plant from Mdamle Lane to the Nueces River. 1) BEGINNING at the northeast toner of Tract'B', Nowa View Tracts u recorded ki Volume 28, Pap 64 of the Map Records of Nueva County, T%, same being the northeast comer tithe City's Meson WastewaterTreennent Plant 2) THENCE In an easterly direction with the meanders of the south shoreline of Inc Nueces River and Nueces Bey to Inc northwest comer of Block 1, Lot 150 of the Porto Bello Subdivision as recorded In Volume 47, Pages 144-145 of Inc Map Records of Nueces County, Tema 3) THENCEsouthwesterly along the westerly boundary line of the Porto Boo Subdivision to Inc southwesterly comer of Lot 1, Block 1; 4) MINCE southeasterly along Inc southerly boundary Roe of said tot 1 to the current City limits of the City of Corpus Christi; 5) THENCE southwesterly along said City limit One to a point where the centedhte of Avenue': intersects the northerly right-of-way One of Burleson Street 6) THENCE northwesterly along Inc north right-of-way of Burleson Street to the so thwestetdy boundary One of Lot 1, Block 174 of the Brooklyn Addition as:worded M Volume A, Page 32 of the Map Records of Nunes County, Tacos; 7) THENCE northeasterly through said Block 174 to the nortlrweste fir comer of tot 11: B) THENCE southeasterly along the northeasterly boundary line of said Lot 11 to the northeasterly comer thereof; 9) THENCE northeasterly along the northvrestedy tight -of -way lite of Avenue' t' toe pardon the northerly boundary line of a 6.19 Acre Tract Oland known as Trau "eat the Brooklyn Acreage; 10) THENCE northwesterly along Inc northeasterly boundary of said Tract 'A' to the northwesterly cornerthentot} 11) THENCE southwesterly along the westerly boundary of said Tract 'X' and the condnuetlon thereof to the southerly right -okay of Burleson Street 12) THENCE southeasterly along the southarty right-of-way of Burson Street to the centerline of Avenue T'; 13) THENCE southwesterly along the centerline of said Avenue 'F and the extension thereof to a point an the original City limit line as surveyed by C. F. H. Von Blucher ki August. Utak 14) THENCE westerly along said original City limit One to the northwestcurner thereat 15) THENCE southerly continuing along said original sty Limit One to the north comer of a 13.602 acre tract annexed by Qty Ordinance 0022441; 16) THENCE around saki 13.602 acre tract 53141'49'W a distance of 125754' to a point on the northwesterly right-of-way line of the Missouri Padfic railroad; 561'27'47.1 along said right-of-way a distance of 29036' 56112334"E continuing along said right-of-way a distance of 175.07' 532'1S00'W crossing said right-of-way a distance of 130.06' to a point 561'23'30'1 a distance of 8735 to a point; 531'41'45'W a distance of 159.95' to a point S58'1B'15'E a distance of 415.24' to a point on said original City LIRAS; 171 THS southerly continuing along said original Oty Limit Ike to the north corner ale 010018 acre tract annexed by City Ordinance 1022444 18) THENCE around said 4.0018 acre tract; 52734'30"W a distance of 1658' to a point; 558'1B'ir'E a distance of 9.37' to a point an said original City Lbnits; 19) THENCE southerly oantinuing along said original Oty Limit tine to a point on the northwestedy right-of-way Bo. of Nueces Bay Boulevard; 201 THENCE southwesterly along the northwesterly right-of-way line of Nuetes Bay Boulevard to the easterly corner of Tract 1, Pontiac Tracts as recorded In Volume 57 Page 64 of the Map Records of Nunes County, Tens; 21) THENCE around said Tract 1: N55"S5'12'W a durance of 300.09' to a point at the northerly comer thereof; 5314.5'00"W a durance of 171.01' to en ane point therein; 534'53'lrw a distance of 90.43' to a point at the westerly corner thereof, being on the nom boundary line of the 8aymoor Addition as recorded In Volume 4, Page 42 of the Map Records of Nueces County, Texan 22) THENCE northwest along the northeasterly boundary Bre of said Baymoor Addition to the northwest cameral Lot 205, same point being a northerly comer of Tract 11' of the Pontiac Tracts as recorded in Volume 55, Page 135 of the Map Records of Nueces County, Taxan; 23) THENCE 522'42'30`W along said Tract "it` a distance of31.49' to an angle point therein; 24) THENCE northwesterly crossing Buddy Lawrence Drive and Oak Park Avenue to a point em the northeasterly boundary line of lot 7, Block 2 of Oak lawn AddNlan is recorded in Volume 5, Pala 27 of the Map Records of Hums County, Texas, same point being at the southeast terminus of Neves Street as shown on Plat of Harbor View Estates recorded In Volume 5, Page 45 of the Map Records of ?Pieces County, Texas 25) THENCE nerthea sterly along the easterly boundary Zine of said Harbor View Estates to the northeasterly corner thereof•, 26) THENCE nmthwestery eking the northerly boundary line of said Harbor View Estates end the extension thereof, pardelly tong the dented ie of Gibson Street, to a point on the west right-of- way tine of Pods La ne; 27) THENCE northeasterly along the west right-of-way line of Polh Lane to the northeasterly corner of land of Magellan Terminal Holdings, LP as described In Documents 02004020907 and R1999O33733 of the Official Public Records of Nueces County, Texas; 23) THEICE THEnorthwesterly along the northeasterly boundary One of said Magellan Terminal Hokitnp LP to a point on the southerly right-of-way lure of the Mlssourl Palos Railroad; 29) THENCE southwesterly along said southery dghtof-tory line to the northwesterly boundary line of sold Magellan Terminal Haidlngt, LP to a point 30) THENCE southwesterly along the westerly boundary lire of said Magellan Terminal Holdings, LP to a point where the northwesterly boundary One of Country Chi) Pace as recorded In Volume 4, Page 3 of the Map Reco rds of Nueces County, Texas, meets the northerly right-of-way line of Interstate Highway 37; 31) THENCE northwesterly along said northerly right-of-way to its intersection with the nonheasterty right-of-way One of Up River Road (Shell Roadk 32) THENCE along said northeasterly right-of-way of Up River Rad to the southeasterly corner of Lot 3, Navigation Nelghts Annex 03 as recorded in Volume 40, Page 119 of the Map Records of Nurses County, Teras 33) THENCE around saki Lot 3: N35'1717E a distance 01 177.95 to a point at the northeasterly corner thereof; N53'3B3rw a dtstince of 106.97 to the northwesterly comer thtreoF S13'333O'W a distance of 17657' to the northeasterly right -of -rimy of Up River Rad; 34) THENCE northwesterly aioeg said northeasterly Hght-of-way lire of Up River Road to the easterly nig t.of-way Moe of Cantwell Lane; 35) THENCE northeasterly along said easterly deht-of-way to its Intersection with the extension of the northerly boundary lune of a 3.37 Acre tract Oland out of Share 3A of the eller Tract 1:1" (unrecorded pat) 36) THENCE northwesterly across said right-of-way end along the northerly boundary line of said 337 Acre tract (tax 1D3875.0003.0140) to the northwesterly corner thereof; 37) THENCEsouthwesterty along the westerly boundary line of said 3.37 Acre Tract and of Share 2A, F.1. Baler Partlton as showmo on plat thereof recorded in Volume 9, Page 58 of the Map Records o f Nuetes County. Texas, to a point on the northeasterly right-of-way line of Up River Road; 38) THENCE northwe terry along said northeasterty right-of-way line of Up River Road to the e asterty extension of a right-of-way to a 1 Acre tract of land out of tot 1, Block 1, Coastal beeline Addition as recorded In Volume 54, Palle 56 of the Map Records of flumes County, Texas, said 1 Acre tract described by metes and bounds hi ply ordinance iIO2B451; 39) THENCE southwesterly across said Up River Road and along said eastern/ rtght-of-way tine to the north boundary lbre of said 1 Acre tract (not platted, see taut ID 1661-0001.0012 and Document 82013013372 of the Oflidal Pubik Records °Maces County, Tams); 40) THENCE easterty, south, westetty, and root hefty around said 1 Acre tract to the southerly right-of-way sur said tract; 41) THENCE westerly along said southerly right-of-way line to the west boundary Ane of said test 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 right-of-way ling of Up River Road; 43) THENCE northwesterly along said northeasterly right -of --way line of Up River Road to the westerly extension of the right-of-way Roe ofCoanry Road 52A; 44) THENCE southwesterly across said Up River Read and along said arty right-of-way One of County Road S2A to es ternnhws; 45) THENCE southeasterly along said right-of-way and along the southerly boundary of a 13.28 Acre tract out of the Ohlar Tract of the Dunn Tract and described in Document 42004014391 of the Of6dal Pubilc Reeds of Ntaeces County, Texas, to a point on the northwesterly boundary line of Mock 8. Academy Heights Unit 1 as recorded in Volume 26, Page 85 of the Map Records of Nurses County, Texas 46) THENCE southwesterly along said northwesterly boundary ire 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 an the northerly right-of-way line of Interstate Highway37; 47) THENCE northwesterly along said 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 Recoded of fleeces County, Teras; 48) THENCE around said Lot 1 N00139'4TE a distance of MOT to a point at the northeasterly comer thereat NBti'51'2rW a distance of 519.65' to the northwesterly corner thereof 500'44'41'W along the east right-of-way of Com Products Road a distance of 200.00' to the northerly right-of-way of Interstate Highway 37; 49) THENCE northwesterly dossing said Corn Products Road and wrWnutng along said right-of-way tine of Interstate t#gtwuay 37 to the southwesterly boundary line of tot 15, Blade 1 of the Interstate Industrial Complex Unit 1 u recorded 1n Volume 34, Page 24 of the Map Receded pf Nueces County, Texas; 50) THS northwesterly along the east right-of-way line of Complex Boulevard to the southwesterly boundary One of Lot 16, Block 1 of said Interstate Industrial Complex; 51) THS northeasterly along the southeasterly boundary line of saki Lot 16 to the southeast comer thereof; 52) THENCE northerly along the easterly boundary tine of said Black 1 to the midpoint of Lot 19; 53) THlNcE westerly along said mkipo ,t of tot 19 and extending across Complex Boulevard to a point on the west right-of-way thereof; 54) meta southerly along the welt right-of-way of Complex Boulevard to a point on the northerly right-of-way of Interstate Highway 37; 55) meta northwesterly along said right-of-way IMa of interstate Highway 37 to the easterly right-of-way of Southern Minerals Road; 56) THENCE northerly along the east right-of-way tine of Southern Minerals Road to the southerly right -of way tine of tip River Road; S7) THENCE southeasterly along the south right-of-way line of Up River Road to the northwesterly comer of tot 1, Block 1 of the Missouri Peine Industrial Area as Recorded In Volume 52, Page 83 of the Map Records of Nueces County, Teas; 58) THENCE around said tot 1; SOI'26'N a distance of437.95' to a point at tha southwesterly comer thereat; 55(44'45'E a distance of 172.72' to the southeasterly corner thereof; NO1'26'W a distance 0E507.96 to a point on the south right-of-way Ilne fillip River Roark 59) THENCE southeasterly along the south right-of-way line of Up River Rued to the northwesterly corner of a 3.75 Acre tract of land described In Document 11200100777 at the Official Public Records of Nueces County, Texas; 60} THENCE around said tract southerly, southeasterly, and northerly, crossing Up River Road to a paint an the north right-of-way thereof 61) THENCE northwesterly along the north right-of-way tine of Up River Road to Its intersection of the west right-of-way lane 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 Ince Highway 37; 63) THENCE northwesterly along said right -o1 -way One oI interstate Highway 37 to the southerly cornerof int 7, Block 1, Goldston Addition as Recorded M Volume 55, Page 67 of the Map Records of Nueces County, Texas; 64) THENCE around said tot 7 northerly, westerly, and southerly to a point on the north right-of- way One of Interstate Highway 37; 65) THENCE 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 east right-of-way One of Hunter Road to the southwesterly corner of a tract (Aland described In Document 112012022560 of the Official Public Records of Nueces County, Texas (Taxi° 0272-0100-0300); 67) THENCE easterly along the south boundary line of aid tract to the southeast comer thereof; 66) THENCE northerly along the east boundary One of said tract and along the east boundary One of a tract of lard desafbed In Document 12012022560 of the Official Public Records of Nunes County, Texas (Tait l0 0272-0100-0200k 69)111124C2 northwesterly and westerly along the north boundary line of said frau 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-of-way line of Up River Road; 71) THENCE southeasterly along the south right-of-way line of tip Doer Road to the northwest comer of tot 3, P. V. Alexanderas shown on Volume 34, Page 18 of the Map Records of Nueces County. Texas; 721 THENCE southwesterly along the west boundary One of said Lot 3 to the southwest tomer thereto 73) THENCE southeasterly along the southwest boundary One of said tract and along the southwest boundary One of a tract of land described In Document 82012022560 of the Official Public Records of Nueces County, Texas (Tax ID 0272-01000000); 74) THENCE easterly along the southerly boundary One of boundary line of a tract of land described in Document NI2012022560 of the Official Public Records of Huecat County, Texas (Tax ID 0272,- 01004400k 75) THENCE northerly along dee east boundary One of said tract and crossing Up River Road to a point on the north right-of-way thereof; 76) THENCE northwesterly along the north right-of-way line of Up River Road to its Intersection of the west right-aNsty line of Hunt's Road; 77) 11IENCE southerly crossing Up River Road and along the west right-of-way inion of Hunter Road to Its Intersection with the north right-of-way line of biteable Highway 37; 78) THENCE northwesterly along said debt -of -way line of interstate Highway 37 to the southeast corner of Lot 1, Block 1, Hunter Industrial Put as recorded In Volume 43, Page 128 of the Map Records of Nueces County, Texas; 79) THEN y 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 northwester* along the south right-of-way line of Up River Road to its fntenection of the west right-of-way ilne of Suntlde Road; 81) THENCE northwesterly crossing Up River Road to the lrtt.rsecdon of the west right-of-way tine of 5untide Road meets the north right-of-way of Up River Ind; 82) THENCE southeasterly crossingSuntde Road to the Intersection of the an right-of-way line of Surttide Road meets the north right-of-way of Up River Road; 83) THENCE northerly along the east rigid -of -way Ina of Suntide Road to the southwest earner of an unpinned tract of land described in Document 8945716 of the Official Public Records of Nueces County, Texas (Tax 100267•0002.000o); 84) THS around said tract easterly, northerly, and westedy classing Suntide road to a point on the west right-of-way line thereat 85) THENCE southerly abng the west right-of-way line of 5untlde Road to the northeast corner of West End Heights as recorded In Volume 15, Page 4 of the Map Recants of Nunes County, Texas; 86) THENCE around said West End Height= 589'35'W a distance of 574.53' toe point at the northwest corner hereof; 500'251 a distance of 927.92' to the southwest corner thereof, being on the northeast right-of- way of Up River Road; 87) THENCE southeaster* along the northeast right-of-way line of Up River Road to the extension of the easterly boundarytlne of an unptatted tract of land described In Document 12010040428 of the Oifictal Public Records of Nueces County, Texas (Tax 1D 7946.0000-371S); 98) THENCE motherly, crossing said Up River Road, and along the east boundary line of said unpinned tract to the southeast corner thereat 89) THENCE northwesterly along the southwest boundary Me of said unplatted trot and ofan unpinned tract of land described in Document 8978850 of the Official Public Records alarms County, Texas (Taut ID 79460000-3710) to the southwest corner thereof 90) THENCE y along the west boundary One ofsaid tract and the east boundary lire of Ulm Road Subdivision as recorded In Volume 13, Page 23 of the Map Records of Nueces County, Texas to the northeasterly comer thereof; 911 men northeasterly crossing Up River road to the southeestedy comer of an enplaned tract of land described In Document 02010040428 of the Official Publk Records of NNueces County, Texas (Tax ID 0265-0040-0100) 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-way of Ti loco Road; 93) 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. Tens; 94) ThIENCE around said Covington Industrial Tract 500"03'14"W along the westerly right-of-way tine of Tuloso Road a distance of 487.74' to a point at the southeasterly corner thereof, N66108'W a dfatance of 363.81' to the southwesterly corner thereof; N00'03'141 a distance of 545.28' 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 runplatted tract of land described lin Document 02010040428 of the Official Public Records of Nueces County. Texas (Tax ID 7946.0000.3920); 96) THENCE southerly along the easterly boundary line of said unelected tract to the southeast corner thereof; 97) THENCE northwesterly along the southwest boundary line ofsald enplaned tract and of an unpletted tract of land described In Document 42010040428 of the Official Public Records of Nueces County, Texas (Tax ° 7946.0000-0410) to the southwest corner thereof; 96) 'MODE southerly along the easterly boundary One ofan wrplatted tract of land described in Document 0200403146O of the Official Pubik Records of Nueces County, Texas (Tax ID 7946- 0000.3541) to the southeast corner thereof; 99) THENCE northwesterly along the northeasterly right-of-way of Interstate Hlghway 37 and the southwest boundary line of said emplaned tract to the southwesterly caner thereof; 1601 THENCE northerly along the westerly boundary line of said enplaned tract and of an enplaned tract of land described in Document 92004031460 of the Official Public Records of Nueces County, Texas (Tex ID 7946.0000.4030) to the northwest comer thereof; 201) THENCE northwesterly along the southeast right-of-way line of tip River Road to the northeasterly corner of en unpinned tract of land described In Document 82007056023 of the Oflldai Public Records of Nueces County, Texas (Tax ID 7946.0000.3505k 101) THENCE southerly along the easterly boundary One of said enplatted tract to the southeast corner thereof. 103) THENCE northwesterly along the northeasterly r(ght-of-way of Interstate Highway 37 and the southwest boundary ane of said iapbtted tract and of an unplatted tract of land described In Document 02007056023 of the Offidal Public Records of Nueces County, Tens (Tax ID 79440000.3510) and of an unplatted tract of land described In Document 02010040423 of the Official Public Records of Nunes County, Texas (Tax ID 8057.0000-0011) to the southwest corner thereof; 104) MINCE northerly along the westerly boundary line of said unplatted tract and of an unplatted tract of land described In Document 02010040428 of the Official Public Records of Nueces County, Texas (Tax 1D 8057.0000.o100) and of an enplaned tract of land dashed In Dominent 02010040428 of the Official Public Retorts of Nueces County, Texas (Tax ID 8057- 0000.0010) to the northweatcomer thereof, 105) THENCE northeasterly crossing Up Rhrer Road to a point on the westerly right-of-way lint of Renfrew Lane; 105) THENCE northeasterly along the westerly rIfht-of-way line of said Renfrew Lane to Its intersection with northeasterly corner of an unplatted tract of land described kr Document 02010040428 of the Official Public Records of Nueva County, Texas (blot 1D 0271-D042-0000); 107) THENcE westerly, southwesterly, northwesterly, and southwesterly to a point on the northeast right-of-way of Up River Road; 103) THENCE northwesterly along the northeast right-of-way line of Up River Road to the southeasterly corner of lot 1, Block 1. Tecolote Tract es recorded in Volume 55. Page 100 of the Map Records of Nueces County. Taber 109) THENCE northerly along the east boundary line oink! Lot 1 to the southwesterly toner of an enplaned tract of land described in Document 02010040428 of the Official Public Records of Nueces County, Texas (Tax 100266-0140.0100); 110) THENCE easterly, northeasterly, westerly and southerly to the northeast corner of said Tecolote Tract* 111) THENCE northwesterly along the northerly boundary One of said Tecolote Tract and an unplatted tract of land described In Document 02010040423 of the Official Public Records of Nueces County, Texas (Tax ID 0266.O0140305) to the northwest comer thereof; 112) THENCE southerly along the westerly boundary line of said enplaned lot to a point on the northeast right-of-wayof Up River Road; 113) THE nod/westerly along the northeast right-oflwy pre of UP River Road m its Intersection with the wesherly right-of-way line of I4earns Ferry Road; 114) THENCE northwesterly along the southwest right-of-way line of Hearns Ferry Road to the northeast corner of Lot 7, Awkennan Garden tots as recorded In Volume 4, Page 38 of the Map Retards of directs County. Texas„ 115) THENCE southerly along the easterly boundary line of said Lot 7 to a point on the northeast right-of-way line of tip River Road; 116) THENCE northwesterly along the northeast right-of-way line of Up River Road to the southwesterly comer *fiat 6 of said Awlerrman Garden Lots; 117) THENCE northerly along the westerly boundary line of said Lot 6 to a point on the southwest rtghtof-way line of Hums Ferry Road; 318) THENCE northwesterly along the southwest right -of way line of Hearns Ferry Road to the northerly boundary line of the said Awkennan Garden lots; 119) THENCE westerly along the north boundary line of the said Awkerman Garden lots and the extension thereof to e point on the northeasterly rght.d way line of Up River Road where It meets interstate likinvay37; 120) 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 02010040428 of the Official public Records of deems County, Texas Rax ID 0268-0090-0500); 121) THENCE around said emplaned tract northerly, northwesterly, southwesterly, and southerly to a point on the northeasterly right-of-way of hrterstate Highway 37; 122) THENCE northwesterly along the northeast right-of-way Inc of Interstate Highway 37 to the southeasterly boundary Zine oran unpiatted tract of land described In Document 42008047494 of the Offirlal Pubic Records of Nunes County, Toms (Tax 10 0268.00600003 k 123) THENCE around said unplatted tract northeasterly. westerly, southwesterly, and southeasterly to a point on the northeasterly art -of -way of Interstate Highway 37; 124) THOME northwesterly along the northeast debt -of -way line of Interstate Highway 37 to its Intersection with the easterly right-of-way line of Carbon Plant Road floe Fulton Corridor); 125) THENCE northeasterly along the southeast right-of-way line of Carbon plant Road (foe Fulton Carddor) to Its Intersection with the northerly right-of-way Dna of Mckhuaie lana~ 126) THBICE northwesterly along the northeast right-of-way One of Mckintie Lane to is Intersection with the southeasterly corner of the Allison WastewatarTreatment Want; 127) THENCE northerly along the easterly property line of the Allison Wastewater Treatment Plant to the south shoreline of the Nueees River and Point of Beginning and containing 9,775 Acres more of less; Together with 3 island parcels described as follows: Arco 1 2.73 avec out of Lot 2. Block 1, Staley/ay5ubdIvisbn as recorded is Volume 38, Page 80 of the Map Records of Nueces County, Texas. Said 2.73 Acres being further desscn'bed in Document 11201111026606 of the Oficial Public Records of Hums County, Texas. Area 2.• Beginning at the southeast corner of Lot t, Block 1, Sbteway Subdlvislon as recorded M Volume 38, Page 12 of the Map Records of Nacos 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 tlenkwood Road; THENCE southwesterly along the west right-of-way line of Wrkwond Road to the northerly right-of-way One of interstate Highway 37; THENCE northwesterly along the northeasterly right-of-way One of interstate Highway 37 to the Point of Area 3: Lott, elodr 1, Meaney Industria! Tracts as recorded in Volume 46, Page 180 of the Map Records of Nueces County, Texas; This document was prepared under 22 TA0663.21, 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 establshed by the creation or reconfiguration of the boundary of the political subdivision for which k was prepared. Russell D. Ocbs 6S241 R-5-2.0)3 INDUSTRIAL DISTRICT NO. 1 CITY of CORPUS CHRISTI, TEXAS Deportment of Engineering Services Survey DivIskan Defc 0/11/101.7 Chedmi fbc Alm 161Asw Aqr 11 cc_181. srwaisrSIM.g 1 INDUSTRIAL DISTRICT NO. 1 cITY of CORPUS CHRISTI, TEXAS Deportment of Engineering Services OWlsfon �► *air '/5/7oi2 awwe Damn es ROO MOD KilkgkiewiTAArayllAy •+ CC -12k SheehUlrillAzing ser2Or! Corpus Christi Industrtai District No. 2 Approximately 4,157 acres of land within Nueces County, Texas, outside the city limits of the qty of Corpus glad and generally bounded on the south by the existing north right-of-way line of State highway No. 44; on the west by the east right -of -+ay of Farm to Market Road 1594 (Cutts Road), from Rata Highway No. 44 to Swetlkk Road (County Road 44k on the north by the south right-of-way Swetfck Road. from Farre to Market Road 1694 to Farm to Market Road 24 (Violet Road) and on the east right-of-way One of Farm to Market Road 24, from 5wadkk Road to the north property line of Equistar Chemkab LP, extended westerly to Farm to Market Road 24; on the north by the north property line of Equistar Oiemkals LP extended from Farm to Market Road 24 to and along the north property line of Equistar chemicals LP and extended easterly to the present city Omit line and on the east by the present dty limit line and the easterly right.of-way line of Rand Morgan Road and being more fully described as foam= Beginning at the intersection of the existing north right-of-way One of State Highway 44 with the existing east right-of-way linnof Fenn to Market Road No. 2694 (Caiilcoatte Road) for the southwest corner of a 15 acre tract o ut Lot 4 of the W.8. BakerSubddvislon of the Cody Partition (Volume 2, Page 16, Map Records of Nunes County, Texas), described in Docssment No. 2007036659 of the Official Public Records of Nunes County, Texas (Tax ID O 6-0X10-04100) and for the southwest comer of this District; THENCE, In a northerly direction, with the east right.of-way of Farm to Market Road No. 1694 (Calicoatte Road approximately 8.765 fent to the Intersection of said east right-of-way line of Farm to Market Road No. 1694 (CaIOcoatte Road) with the south right-of-way line of 5weWck Road (County Road No. 44), for the northwest comer of a 4.88 acre tract out of Lot 25 of the W.B. Baker Subdivision of the Cody Partition (Volume 2, Page 16, Map Records of Nueces County, Texas). described in Document No. 2012000442 of the Offkfal Public Records of Nueces County, Texas (tax ID 0376.0000.7508) and for the northwest corner al this District; THENCE, in an easterly direction. with the south right-of-way Ane of 5wadick Road (County Road No. 44), at approximately 5,144 feet pass the northeast corner of a 153A117 acre tract out of tots 22 thru 25 of the W.B. Baker Subdivision of the Cody Partition (Volume 2, Page 16, Map Records of Nueces County, Texas), described in Document No. 20010158-/41j of the Official Public Records of Nueaes County. Teras (Tax ib 0376.0000.2210) and the westerly right-of-way of said Farm to Market Road No, 24 (Violet Road) and condntdng in an easterly direction to the east right-of-way of said Farm to Market Road No. 24 (Violet Road) for an interior corner of this District; THENCE, in a northerly direction, with the east right-of-way of said Farm to Market Road No. 24 (Violet Road), same being the west boundary of the Equtstar Chemicals,, LP 131.49 acre tract, being out of Assessors Map 239. described in Document No. 2005033213, Offidal Public Records of Nunes County, Texas (Tax ID 0270.0040- 0000), a distance of approximately 2265.0 feet for the northwest corner of saki Equ)star Chemicals, LP 131.49 acre tract and for comer of this District; THENCE, In an easterly direction, with the north boundary of Bald EquWar Chemicals. LP 131.49 ace tract and the north boundary of the Egoistic chemicals, LP 333.74 acre tract, being out of Assessors Map 145 and out of Tract 12, Survey 412 of the Charles Land, Abstract 8S4, said 333.74 sob tract described in Document No. 19980375- /30/, Dual Public Retards of Naeas County, Texas (Taut ID 027601200000), a distance of approximately 6,050 feet to the intersection of the north boundary line of said 333.74 we with the City of Corpus Christi dty limits line, for the northeast corner of this District; THENCE, in a southeasterly direction, with the above-mentioned City of Corpus Christi dty limits line. at approxknataly 040 feet pass the apprmdrmate center of "'Maio Road and co milting in a southeasterly direction, with the rbvre-wFentbrad City of Corpus Christi city omits lee, a total distance of approximately 15.290 feet to the intersection ion 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 Intel thru 4, Block 403 of the Rowena Sheerer Land (Volume 3, Page 17, Map Records of Nueces County, Tem), described In Document No. 2008044422, Dlfidai Public Records of Nimes County, Texas (Tax ID 7911.0000-0210) and fora comer rift DlsMet; THENCE, In 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 r%ght-ofamy Lone ofaete Highway 44 for the southeast comer of said187.47 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 approximataiy7,900 feet pass the approximate center of Mddntle Road, at approximately 18,100 feet pass the approximate renter of Farm to Market Road 24 (Violet Road), in alta total approximate durance of 23,208 feet to the Point of Beginning and containing approximately 4,157 acres of land. TM document was papered under 22 TAC5663.21, does not reflect the mutts of an on the ground survey, and is not to he used to convey or establish interests In real property ahrtept those rights and interests implied ar established by the creation or reconfiguration of the boundary of the polkkal subdivision forwhich it was Russell D. Ochs 05241 �i-S-1 13 •rl.: 'r,t t 0337- yl -1 �.• \.^firar7C7`li^I - - L_._• Illir-rr. r 7SJ'. r,,Llr'•r. II�I[�r2 '-[Ifww 'r'' 7t37r1�'"y •�•�nL 3Lt1H:,L . -1trl ;.. F. -.'9"a•,".+ .,- i••••f•1'-ffr,n .3 ilal:l- J1r.-:'J..:1•.4'I:., elt_. tl..drrwr"" iL]J7P .Sl'.'1:J:,-:"Inr,.a]u'"-' "1t all^C Jera1a]-7::1 •pN'•1LSr.rt- -O 1:'.717'h• ii01 0141117:171Ltt::l.•:!.J][1::.:-:IR:.1:- , 7An4.. -7.0 1 r` lilts-CRr15ar7r1.r•...1.117r'P1 L.. 1;:" '37:'tl: tlr II .1 tr]1 7.�..._-71.',7•• t-41:. : 4a4 r•,1:in. t'° 4kG! frIsuart 7.T.ic, 41a• 1,3-. 'npN.y' 71 r'.1 Yr` ':-1d:.fJQ7n;,,. Llp!]�t:OL : '.J :'J;'1• <`- i a= tr I` O CIt.1t7QaC1QQn17:: • 17C1 -- - ,-urr, -.l'.'L • .,Cl. ri;'1 intttnJJt CJ:lureL:ancttsr lr,T_-- 'S.. ' _rr Q '_ 1nac:ns:a..• 'r• 1i•.'. -rlt7• ',, .3 6•. ..r t t' -S; ,f•��r .�.: - .2.1:-11't_r'n 111r;U ` T''''''',4!.11 .•. 1!!! C claflrt '31. •:71.0, ;$6 4"' Il, SIa'�I _ ;^,ice IRE 171 C. ttl L1TI r. 1.''....r7 a t c. ,JC.Ii A4ris1 .1:. . :)[!JQ N•a, 11.110. ..t1. t IsJf, 1 ifwa,. Su IOr rE ty r.....410.4 il •1-J.`11L• ',t-11gAC inrll5.1• - ' 7r• ,3 :tram : :.laur..at7r. • .r, r� ::b•IUAn7:-.:Jr'tar O171nfw ._moi•.. tt.n r { .'r1P4@r4l1!QwQJi--11.1 • :r -SI �p'r.:a•'nr!�tI rl Ja:, r'1i t e.,t:u,a: Q; '';.--�1�•.i:ui:iy ;'� IL3iri, 'Iii. `'j.4- 117I1c. ti 6:vt.'�'a •itl•�;• •tr L::t 1`11 !'IOp` .L1: Clt elt:?f i:1 ::'^ „} •11:.- C'II`.l rl:;P '[577••ppt� "B. tr L7n ll.. . • Ill 1L jt..tlI 19 ,GG4Y[Atl nNr 95 r,rri'715.'Lni. i 1J1311107 I 946 J•I... Tc e n,r L'1 j: u .['u r•InCL 1• Y UJ ai ]nLaC._ 1 r,1h,5A 1tltl sr 1 .. T. 14114: -1E•. 1 n',+1= 1S I• -,kg 'r Lo•:r. • oR r• • • 'au.' .y-uaer4: 7 n . -- r_11 -. GI o Ietrrl rtrI. 'G'4L r I nc,. of ri Ir !tllJf"tl T' - . a' 1 p ,r Herrn '-L•{-1�•�l�- (T �t"'iE�'.�!i•.tim.r• r,a• 1;. •• -*�. X111 +. •r. L • L. INDUSTRIAL DISTRICT' NO. 2 h-.• MOO CITY of CORPUS CHRISTI, TEXAS Deportment of Engineering Services SruveisboliecO on ac�tw t oreQ 4/15/101.3 Drowse Es: ISMUTIOF xl gl ►ahr of CC--rrai. ale.ruat, EXHIBIT B Industrial District Agreement INDUSTRIAL DISTRICT AGREEMEWJ NO. 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 [Name of landowner], a[State][typc of entity], Landowner, and [name of lessee & 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 Carpus 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 Govenunent 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 ib 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. reestablished the boundaries of the land areas (mown as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Ilial 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 updatin& 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 dares to minimize its tax burden and avoid regulation by the CITY of the COMPANY'S structures and pry 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: Artkk 1 genion 1.01 Immualtt tion„ Annexation. The CITY covenants and agrees that during the term of this Agreement, and subject to the teens 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 terns 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. Seetton 1.02 Limitedly 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 Industrial Districts, is now devoted by the COMPANY or other such parties bolding 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 foram 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 costs in collecting any of these amounts. hi addition, the CITY shall have the right, in its sok and absolute discretion: (1) to obtain an injunction iron 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 (100%) of ad valorem taxes. 1 1.+ Mi e€atioa Corridor. If any other company within the Extra Territorial Jurisdiction of the CITY fauns 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 ship 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 Agreerneat 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 Inndusttial 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 dIsannetation proceedings required to remove from the city limits any unnecessary annexation corridor. $ectlou 1.04 City kV** 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. ,lection 1.15 Flre Projedion Services. The CITY may provide fire protection services to the COMPANY at the option of the COMPANY for an additional payment to the CRY 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 CRY shall Rat requite compliance with its reeks 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 thither 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. My. As defined in the preamble hereof and includes its successors and assigns. B. 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. faillinalommtipsa In use prior to January 1, 2015 and no longer on a payment scale or have completed the phase in scale set forth in Section 3.01 E of the Agreement D. Odra Territorial Juridictioni TJI, The unincorporated area that is contiguous to the corporate boundaries of the City of Corpus Christi and that is located within five MHOS of those boundaries. E. Grandfuthered Imnrenments. 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. 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, Grandfathered lmproveuments, In Progress and New Improvements. G. Ip -Progress luttmements. 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 I, 2015. but for which construction has not commenced. H. District. The industrial districts created pursuant to Ordinance No. or copy of which is attached hereto as Exhibit C and incorporated herein by reference. I. jpdustrial District Averment ment. An agreement made and entered into under the authority of Section 42.044 of the Texas Local Government Code. J. fid. 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. klCAD. The Nueces County Appraisal District and includes its successors and assigns. M. New Improvement. 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 are completed and Placed in Use and are not listed by MCAD 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 election 2.01 Term. The term of this Agreement shall be tea (10) years beginning January 1, 2015, and continuing until December 31, 2024, unless terminated as herein provided or extended for additional period or periods oftime 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 tam 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 lime 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 lien of Ad Valorem Tues. 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 Improvurnents 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 (625%) 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 ping through the eight year phase in scale set forth in the Prior Industrial District Agent, 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 Cataract Yr 2 of Contract Yr 3 of Contract Yr 4 of Caatract Yr S of Contract Yr 6 of Contract Yr 7 of Contract Yr 8 of Comma Yr 9 of Contrera Yr Io of Contract 2Pow 0 07 to 62596 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 625% 62.5% 62.5% 2007 58% -5051, 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% - 62.5% 62.5% 62.5% 2003 58% 62.5% 62.5% 62.5% 62.5% 62.5% 6251 62.5% 62.5% 2009 421 50% 58% 62.5% 62.5% 62.5% 62.5% ' 6251 62.5% 625% 2010 34% 42% 50% 58% 62.5% ' 623% 62.5% 62.5% 62.5% 62.5% 2011 26% 34% '26% 42% 50% 58% 6251 62.5% `62.5% 62.5% 623% 2012 19% 34% 4254 50% '42% 58% - 625% -62.596` 62.5% - 62.5% 2013 12% 19% 26% 34% 50% 58% -62.5% 62.5% 62.51 2014 6% 12% 19% 26% 34% 42% 50% 58% 62.5% 62.5% 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 the 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 latown 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 rew 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 docs 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. Faction 3.02 Company Schedule of Valoc. 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 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 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 kayo 3.03 Deter min oa of Vu1ee In determining the COMPANY'S annual in lieu of tax payment required under this Agreement, the calculation shall be made utilizing the Madcet 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. Section1.04 Company Protest of Value or_Bi ling 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 lts appeal within 30 days after its protest of the valuation is submitted to NCAD. Notwithstanding any proteat 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 lien of tax payment for that year paid by the COMPANY, the excess in lieu of tax payment, if any, colleted by the CITY shall be returned to COMPANY within thirty (30) days after said final dation. 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. Simon 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. Minimwn 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 Fue Company, or its successor. (Calculation: Market Value of improvements x 15% x City Tax Rate - Fire Protection Fee) Sestjon 3.05 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 Alineement. 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 11.31, 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 addltlon, 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. actin 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 condition, 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 kgiultaringmezalfter_o_laySaawera.,If the COMPANY fails to make a payment due to the CLTY 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 alter 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) hill COMPANY and sue to recover 100% of all monies that the CITY would have received fiom 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. *lien 4.02 LIeq . The CITY shall be entitled to and have a tax lien an the hand 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) judicially or (2) extrajudicially in the same manner as a deed of trust under Texas Property Code, and for that purpose may appoint a trustee or trustees. Seedop 443 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 fiom taking any farther 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. ection 4.04 Notice of alt: Notwithstanding anything to the contrary contained herein, in the event of any breach by the COMPANY of any of the term 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 (ar, 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 Cl mttlative Remedies. The remedies provided herein arc 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. Seton 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 tea (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 faihue on the part of the COMPANY to prompdy 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 (III) 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 wilt either party be liable to the other party hereunder for punitive, exemplary, or indirect damages, lost profits or business interruptions ; provided however, this limitation in not meant to limit the Crrt'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 Cees. Article 5 Secant 5.01 Descrioton of Prooertv. 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 6.0Ipnnexadon By Another Entity. If any atteatpt 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. If the CITY and the COMPANY are unsuccessful in obtaining a temporary iajunctIon 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 Altura payments hereunder together with part of the payment for the calendar year in which the annexation or incorparation 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 refirnded to the COMPANY; or B. If final judgment (alter 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 efibct as to all Land and Improvements sold. If COMPANY sells only a portion of the Land or Improvements, the COMPANY shall fitrnish 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 lei and this Agreement shall continue in effect as to all Land and improvements leased. i§11.02ginstumaiRsgmailtiliallathimig. 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 assurnes all responsibilities and obligations under this Agreement as to the purchased or leased Land and/or Impmve ments. Sadao 7.03 Assianntent. This Agreement may be assigned by the COMPANY. If this Agreement is assigned, the COMPANY shall natifY 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 CilY 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 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 snail 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 lesijoadlaUtajdolga. 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 busineses 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 10 use the system as its principal source of water. COMPANY agrees to provide six months written notice of any intent or action to obtain morn than tem percent (10%) of its total water needs from any source other than the CITY. Article 10 Section 10.01 SeverabIllh+. 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 circ 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. Secgop 10.02 Entire Aersemeu(. 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 instnunents 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 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 1 ty. Mr. Ronald L Olson City Manager City of Corpus Christi 1201 Leopard P.O Box 9277 Corpus Christy Texas 78469.9277 Phone: 361-880-3220 Fax: 361-880-3839 With copies to: City of Corpus Christi -Qty Secretary 1201 Leopard P.O. Box 9277 Corpus Mini. Texas 78469-9277 Telephone 361-880,3I05 Fax: 361-880-3113 City of Cods Christi -City Attomey I20I Leopard P.O. Box 9277 Corpus Christ;. Texas 78469-9277 Telephone: 361-880-3361 Fax: 361-880-3239 If to Company: with copy to: Section 10.09 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 10.04 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. Section 10.06 Authority. By acceptance of this Agreement andfor 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 Nritions. 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 mare favorable in lieu of tax payment teams and provisions. "Loner" shall not include any tourist -related business or facilities under Section 42.044, 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 company 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 District =OBIT B Schedule of Value EXHIBIT C Ctty Ordinance Creating Industrial Districts CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 011 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-200151 bate Filed: 04/28/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Basic Equipment Co. 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 Chrisit 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. IDA7B Industrial District 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary Martin, Edward Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of penury, that the above disclosure is true and correct. J Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE ��!,! n �y /�.,, ,� Sworn to and subscribed before me, by the said / 17 fr/ 11 , this the O[ 8 day ofC C�GGGC.� , / / 20 7 , to certify which, witness my hand and seal of office **r aoi4 DONETTA BEATY �,.• ,I— r'* Na Public / i� .: STATE OF TEXAS , 1 ----17-,0 / moi' a''' My Comm. Exp. 01.022010 Signature of officer admin i ring oath Printed n. - ' o eorrrrnrsrelifiri of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 AGENDA MEMORANDUM Future item for the City Council Meeting of May 9, 2017 Action item for the City Council Meeting of May 16, 2017 DATE: May 2, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM: Valerie H. Gray, P.E., Executive Director, Public Works valerieg@cctexas.com (361) 826-3729 CAPTION: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Jay Ellington, Director Parks & Recreation jayell@cctexas.com (361) 826-3476 Construction Contract Community Park Development and Improvements — Salinas Park Bond Issue 2012 Proposition 4 Motion authorizing the City Manager, or designee, to execute a construction contract with D&SS Construction, Inc. of Corpus Christi, Texas in the amount of $424,853 for the Community Park Development and Improvements — Salinas Park. (Bond 2012, Proposition 4). PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract with the lowest responsible bidder, D&SS Construction, Inc. of Corpus Christi, Texas for the Community Park Development and Improvements — Salinas Park. BACKGROUND AND FINDINGS: This project is part of Bond 2012 Proposition 4 — Community Park Development and Improvements. Bond 2012 Brochure Language: "This project will primarily focus on irrigation upgrades and extensions at West Guth, Bill Witt/Oso Creek, Hector P Garcia/Salinas, Billish, and Parker Parks as well as downtown squares La Retama and Artesian Parks. Additionally, improvements may include dog parks, skate parks and splash pads, shade structures, landscaping, trails, parking improvements and other items." PROJECT SCOPE: The project scope includes landscape improvements throughout Salinas Park, as well as, irrigation improvements to support the new landscaping, as well as improvements to existing youth soccer fields, and multipurpose fields located in the southern section of Salinas Park. The bid also includes the addition of parking improvements. On March 29, 2017, the City received proposals from two (2) bidders and the bids are as follows: Contractor Base Bid D&SS Construction, Inc. Corpus Christi, Texas $424,853.00 Alman Utilities & Construction, Inc. Corpus Christi, Texas $470,693.22 Engineer's Estimate $386,030.00 ALTERNATIVES: 1. Authorize execution of the construction contract. (Recommended) 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. Gignac Landscape Architecture was selected for this project as a result of RFQ No. 2012-03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts; §2, Article 10 of the City Charter regarding contracts; Conforms to FY 2016-2017 Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $552,879 $552,879 Encumbered / Expended Amount This item 424,853 424,853 Future Anticipated Expenditures This Project 128,026 128,026 BALANCE 0 0 Fund(s): Parks and Recreation Bond Issue 2012, Community Enrichment Funds, General Fund (Parks) COMMENTS: N/A RECOMMENDATION: City staff recommends that a construction contract be awarded to D&SS Construction, Inc. in the amount of $424,853 for the Community Park Development and Improvements — Salinas Park project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Letter of Recommendation Form 1295 PROJECT BUDGET ESTIMATE Community Park Development and Improvements Salinas Park BOND 2012, Proposition 4 FUNDS AVAILABLE: Parks and Recreation Bond 2012 CIP $ 511,701 Community Park Enrichment Fund 41,178 General Fund - Park Operational Account 12,264 TOTAL $ 552,879 FUNDS REQUIRED: Construction & Contingency Fees. $ 467,338 Construction (D&SS Construction, Inc.) THIS ITEM 424,853 Contingency 42,485 Construction Testing and Inspection Fees Construction Materials Testing (Estimate) Construction Inspection (Estimate) 4,247 5,000 9,247 Design Fees. 56,179 Engineering Design (Gignac Landscape Architecture) 44,600 Parking Improvement Design (Hanson Engineering) 2,725 Environmental Study (Astec Environmental) 8,364 Texas Department of Liscense and Regulation (Sue Corey) 490 Reimbursements: Total Reimbursements 20,115 Contract Administration (Engineering .Admin/Capital Budget/Finance).... 8,115 Engineering Services (Project Mgt/Constr Mgt) 11,000 Misc. (Printing, Advertising, etc.) 1,000 TOTAL $ 552,879 ESTIMATED PROJECT BUDGET BALANCE (0) sti al ;, 14 9-6 e. 2GA E El Up Rr 06 IH -37 O 0 ,7o rlio Ra 'v so/ OgrdlP Ru LOCATION MAP NOT TO SCALE Project Number: E14004 Community Park Development and Improvements Salinas Park Bond 2012 Prop 4 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Community Park Development and Improvements - Salinas Park Corpus Chr sti Engineering Council Presentation May 9, 2017 Location Map Corpus Chrsti Engineering IH -37 0 s Christi national rpOrt Ia9A] sa Texas State Aquarium COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS SALINAS PARK Vicinity Map Corpus Chi.- Engineering Project Scope Corpus Christi Engineering This project includes: • Landscape and irrigation improvements • Irrigation improvements for existing youth soccer fields and multipurpose fields • Parking improvements 4 Project Schedule Corpus Chrsti Engineering 2017 Feb Mar Apr May Bid / Award Jun Jul Aug Construction Project Estimate: 90 Calendar Days 3 Months GIGNAC =LANDSCAPE =ARCHITECTURE Robert Lignac, ASLA April 7, 2017 City of Corpus Christi Mr. Jeff Edmonds, F.E. Department Of Engineering P.O. Box 9277 Corpus Christi, Texas 78469-9277 Re: CPDI — Salinas Park (Bond 2012) Project No. E 14007 Dear Mr. Edmonds: The bid proposals received for the referenced project on March 29, 2017, have been reviewed. It is my recommendation to accept the base bid of $ 424,853.00 from D&SS Construction, Inc. for the project construction. If youhaveany questions or require additional information, please call me at 853-0795. Respectfully, R Bert Gigue, ASLA, RLA G gnat Landscape Architecture DESIGN PLANNING IRRIGATION LANDSCAPE 3633 S. Staples, Ste. N-119 • Carpus Christi, Texas 78411 4 P: 361-853-0795 F: 361-814-0195 - Email: gignaclandacape@aal.com CERTIFICATE OF INTERESTED PARTIES Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1. 2, 3, 5, and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. D&SS Construction, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi - Engineering Services FORM 1295 OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-193350 Date Filed: 04/1712017 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. E14004 sitework, landscaping & irrigation 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. 6 AFFIDAVIT REGAN A GRABOWSKE `fs Notary Public, Stole of Texas My Commission Expires Moy 04, 2019 swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. authorized agent of contracting business ature of �j. AFFIX NOTARY STAMP /SEAL ABOVE% j �/� Sworn to and subscribed before me, by the said ith Oh 1/ S f 1Yt/1 , this the 20 1i1 , to certify which, witness my hand and seal of office. I day of RativialOtriA) C1,0 17Yk t\) S nature of officer administering oath Printdd name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 9, 2017 Action Item for the City Council Meeting of May 16, 2017 DATE: TO: Margie C. Rose, City Manager May 9, 2017 FROM: Andres Leal, Jr., P.E., Director of Street Operations andyl(c�cctexas.com (361) 857-1957 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2 c(�cctexas.com (361) 826-3169 Supply Agreement for Aggregate Trap Rock for City's Street Seal Coat Program CAPTION: Motion authorizing City Manager, or designee, to execute a supply agreement with Vulcan Construction Materials, LLC, of San Antonio, Texas for the purchase of aggregate trap rock in response to Request for Bid No. 938 based on the lowest, responsive, responsible bid for a total amount not -to -exceed $243,720.00, with an estimated expenditure of $81,240.00 in FY2016-2017 and funded by the Street Fund. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. PURPOSE: This item is to approve a supply agreement for aggregate trap rock. The aggregate trap rock will be used by the Street Department for the Street Seal Coat Program. BACKGROUND AND FINDINGS: Aggregate trap rock consists of Type E, Grade 5 dark colored igneous rocks used in the surface treatments of City street repairs. This material meets the current version of the Texas Department of Transportation Standard Specifications for construction and maintenance of highways, streets and bridges. In March of 2017, the Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. The City received one responsive, responsible bid, out of 60 notifications issued, and is recommending the award to the lowest, responsive, responsible bidder, Vulcan Construction Materials, LLC, of San Antonio, Texas. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Street Operations FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $1,894,605.40 $162,480.00 $2,057,085.40 Encumbered / Expended Amount $544,192.35 $0.00 $544,192.35 This item $81,240.00 $162,480.00 $243,720.00 BALANCE $1,269,173.05 $0.00 $1,269,173.05 Fund(s): Street Fund Comments: The initial contract term total is $243,720.00, of which $81,240.00 will be funded in FY2016-17. The total estimated contract value will be $731,160.00 if all options years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: LYDIA JUAREZ BID TABULATION BID EVENT NO. 938 Aggregate Trap Rock ITEM DESCRIPTION UNIT QTY Vulcan Construction Materials San Antonio, Texas UNIT PRICE EXTENDED PRICE 1 Aggregate Trap Rock - Type E Grade 5 Ton 6,000 $40.62 $243,720.00 Total $243,720.00 SUPPLY AGREEMENT NO. 938 Aggregate Trap Rock THIS Aggregate Trap Rock Supply Agreement ("Agreement') is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Vulcan Construction Materials ("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 Aggregate Trap Rock in response to Request for Bid No. 938 ("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 Aggregate Trap Rock 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 two 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 Supplier and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $243,720.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 1 this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Peter Muniz Department: Street Department Phone: (361) 826-1951 Email: petermu@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 2 Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 3 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: Peter Muniz Street Operations 2525 Hygeia, Corpus Christi, TX 78415 Fax (361) 826-1627 IF TO SUPPLIER: Vulcan Construction Materials Atfn: Oscar Benavides Title Sales Manager Address P.O. Box 791550, San Antonio, Texas 78279 Fax (210) 524- 3555 17. SUPPLIER AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 4 CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 5 but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Supplier's bid response (Exhibit 2) 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 SUPPLIER Signature: Printed Name: S CQS' , Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 938 Exhibit 2: Supplier's Bid Response City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 7 1.1 Attachment A: Scope of Work General Requirements/Background Information The Supplier shall provide Aggregate Trap Rock for the Street Department as outlined in this Scope of Work (Specifications and Requirements). 1.2 Scope of work A. This specification covers various street construction material used by the City of Corpus Christi, Texas. B. The material listed in this specification are used in the repair and maintenance programs of the Corpus Christi Street Department. 1.3 Work Site and Conditions A. The material shall meet the requirements of Item #302 Aggregates for Surface Treatment, TYPE E, GRADE 5 "Trap Rock" of the current version of the Texas Department of Transportation Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. Retained Gradation as follows: 3/8" Sieve — 3% - 5% #4 Sieve — 80% to 90% #8 Sieve — 98% to 100% Washed Rock Decantation: 0.7% max LA Abrasion 15% max B. Testing reports shall be submitted by the selected Supplier to the Contract Administrator for approval prior to delivery. Packing slips or other suitable shipping documents shall accompany each shipment and shall show: (a) name and address of person delivering the load, (b) name and address of receiving department and/or delivery location, and (c) with each delivery, furnish a shipping or delivery ticket showing description of items and quantity. C. All material shall be transported from the plant to the designated stock storage yard or job site in tight vehicles with metal bottoms previously cleaned of all foreign matter and when necessary shall be covered to reduce loss material and to protect material from weather elements. Page 1 of 2 RFB Template 10.10.16 1.4 Testing A. The City reserves the right to inspect and test materials for compliance to the specification at the supplier's location, at the point of delivery to the City Service Center yard or directly to 5352 Ayers, Corpus Christi, Texas 78415. B. If the laboratory tests indicate that the material delivered to the job site or City Yard, does not meet specifications, the City reserves the right to reject this material and supplier will be obligated to remove and replace rejected material with materials that will meet specifications. C. NOTE: The laboratory shall be hired by the City of Corpus Christi and the supplier shall cooperate with the laboratory at all times to be sure that the material meets City specifications. D. It shall be understood that the cost of all certified laboratory tests, materials and reports necessary to control the quality of material delivered, according to the City specifications, shall be accepted by the City but only on tested materials which meet City specifications. E. Deliveries are to be made as required. Delivery will be to the City of Corpus Christi Street Department materials storage yard at 5352 Ayers, Corpus Christi, Texas 78415. Delivery shall be in end -dump dump trucks. Page 2 of 2 RFB Template 10.10.16 Date: \-\ -1 Attachment B: Bid/Pricing Schedule CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 938 Aggregate Rock - Trap Rock • Authorized Bidder. ��Con�11ANQ N\% a6kal$ Signature: LLc 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. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT QTY Unit Price Total Price 1 Trap Rock - TYPE E,GRADE 5 TON 6000 .olio, (L 4431 c-° Attachment C: Insurance Requirements 1.1 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 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 GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 1 of 3 RFB Template 10.10.16 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A - VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Page 2 of 3 RFB Template 10.10.16 Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2016 Insurance Requirements Streets Asphalt Supplier 10/04/2016 my Risk Management Page 3 of 3 RFB Template 10.10.16 Attachment D: Warranty Requirements No warranty requirement needed for this supply agreement. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there we interested parties. Complete Nos. 1, 2, 3, 5, and 6 0 there are no Interested parries. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-175141 Dale Filed: 03/06/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Vulcan Construction Materials LLC San Antonio, TX United States 2 Name of governmental entity or state agency that Is a party to the contract for which the form is being flied. 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. RFB No. 938 supply aggregate material 4 Name of Interested Party City, State, Country (place of business) Nature of (check applicable) Controlling 1 Intermediary Vulcan Materials Company Birmingham, AL United States X 5 Check only if there Is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or afffmn, under penally of perjury, that the above disclosure is true and correct . �► " .‘i { .� l� � li r. 7 fR eft W h: 1 :"0.., 1 Notary Faulk, Stole allows 'r' y'- Expires: fNV1Nf2O19 AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the 20 \ --A , to certify wych, witness my hand Signature of orized agent of contracting business entity SS' { (�(� j said 0 CNCI } \ QS this the ` ` day of " 1D11" C)C\ and seal of office. O f -Z i� CI1. 1�%+ f /LSI --9 g nature of omcer a edn oathj,(ftLe(Jf tinted name of officer administering oath Title of officer administering oath Fnrme nrnuidnri 1w, Trav•mc- e16t,.. n.....�:__:__• ww.ethics.sIat we.bc.us Version V1.0.277 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 9, 2017 Action Item for the City Council Meeting of May 16, 2017 DATE: April 19, 2017 TO: Margie C. Rose, City Manager FROM: Miles Risley, City Attorney MilesR@cctexas.com 826-3873 AEP Distribution Cost Recovery Factor CAPTION: Resolution of the City of Corpus Christi, Texas authorizing intervention in the Public Utility Commission of Texas Docket No. 47015 regarding AEP Texas Inc.'s application to amend its distribution cost recovery factors to increase distribution rates within the City; finding that the City's reasonable rate case expenses shall be reimbursed by the company; finding that the meeting at which this resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and legal counsel. PURPOSE: Resolution to intervene in AEP's filing at the Public Utility Commission for an amendment to its Distribution Cost Recovery Factors BACKGROUND AND FINDINGS: On April 3, 2017 AEP Texas Inc. ("AEP") filed an Application to amend its distribution cost recovery factors ("DCRF"), to become effective September 1, 2017. This filing is Public Utility Commission of Texas Docket 47015. The City has jurisdiction over the application with regard to customers within the municipal boundary. The proposed tariff would impose an increase in the DCRF rate on residential customers from $0.002409 per kWh to $0.003496 per kWh. AEP gives notice of appeal to PUC of any municipal filings and any interim or final orders issued by a municipality's governing body in this matter. Approval of this Resolution authorizes the City to intervene and participate in the matter to review the application with other cities for compliance with applicable distribution cost recovery regulations. ALTERNATIVES: Do no approve the Resolution and do not participate in the case. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Not applicable 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 Comments: RECOMMENDATION: Approval of the Resolution LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION NO. RESOLUTION OF THE CITY OF CORPUS CHRISTI, TEXAS AUTHORIZING INTERVENTION IN THE PUBLIC UTILITY COMMISSION OF TEXAS DOCKET NO. 47015 REGARDING AEP TEXAS INC.'S APPLICATION TO AMEND ITS DISTRIBUTION COST RECOVERY FACTORS TO INCREASE DISTRIBUTION RATES WITHIN THE CITY; FINDING THAT THE CITY'S REASONABLE RATE CASE EXPENSES SHALL BE REIMBURSED BY THE COMPANY; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. WHEREAS, the City of Corpus Christi, Texas ("City") is an electric utility customer of AEP Texas Inc. ("AEP" or "Company"), and a regulatory authority with an interest in the rates and charges of AEP; and WHEREAS, the City is a member of the Cities Served by AEP ("Cities"), a membership of similarly situated cities served by AEP that have joined together to efficiently and cost effectively review and respond to electric issues affecting rates charged in AEP's service area; and WHEREAS, on or about April 3, 2017 AEP filed with the City an Application to Amend its Distribution Cost Recovery Factors ("DCRF"), PUC Docket No. 47015, seeking to increase electric distribution rates by $28,010,174 ($21,365,072 for the Central Division and $6,645,102 for the North Division); and WHEREAS, all electric utility customers residing in the City will be impacted by this ratemaking proceeding if it is granted; and WHEREAS, Cities are coordinating its review of AEP's DCRF filing with designated attorneys and consultants to resolve issues in the Company's application; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City is authorized to participate with Cities in PUC Docket No. 47015. Section 2. That subject to the right to terminate employment at any time, the City of Corpus Christi hereby authorizes the hiring of the law firm of Lloyd Gosselink and consultants to negotiate with the Company, make recommendations to the City regarding reasonable rates, and to direct any necessary administrative proceedings or court litigation associated with an appeal of this application filed with the PUC. 7325330.1 1 Section 3. That the rates proposed by AEP to be recovered through its DCRF charged to customers located within the City limits, are hereby found to be unreasonable and shall be denied. Section 4. That the Company shall continue to charge its existing rates to customers within the City. Section 5. That the City's reasonable rate case expenses shall be reimbursed in full by AEP within 30 days of presentation of an invoice to AEP. Section 6. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. Section 7. That a copy of this Resolution shall be sent to Melissa Gage, American Electric Power Service Corporation, 400 West 15th Street, Suite 1520, Austin, Texas 78701 and to Thomas Brocato, General Counsel to the Cities, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. PASSED AND APPROVED this ATTEST: City Secretary APPROVED AS TO FORM: City Attorney Corpus Christi, Texas of day of , 2017. Mayor 7325330.1 2 The above resolution was passed by the following vote: Mayor Rudy Garza Paulette Guajardo Michael Hunter Ben Molina Joe McComb Lucy Rubio Greg Smith Carolyn Vaughn 7325330.1 3 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 9, 2017 Action Item for the City Council Meeting of May 16, 2017 DATE: April 27, 2017 TO: Margie C. Rose, City Manager THRU: Sylvia Carrillo -Trevino, Assistant City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Reimbursement Resolution for Bond 2016 General Obligation Bonds CAPTION: Resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds relating to constructing various City improvements from the proceeds of tax-exempt obligations to be issued by the City for authorized purposes in an amount not to exceed $18,350,000; authorizing other matters incident and related thereto; and providing an effective date. PURPOSE: The City is ready to award contracts associated with Bond 2016 projects approved by the voters on November 8, 2016. Since this will occur prior to the general obligation bonds actually being sold, this resolution is needed for the City to reimburse itself for costs incurred prior to the receipt of the bond proceeds. BACKGROUND AND FINDINGS: On November 8, 2016, the voters of Corpus Christi approved the following proposition on the ballot. • Residential Street Rebuild $11,000,000 • Americans with Disabilities Act (ADA) Improvements $ 2,500,000 • Texas Department of Transportation (TxDOT) Participation & Mobility Improvements $ 2,350,000 • Developer Participation $ 2,500,000 TOTAL $18,350,000 For the City to be eligible for reimbursement of any expenditure incurred prior to the bond sale, the City must declare its intent to reimburse itself for payments made prior to the bonds being sold. This action must meet specific U. S. Treasury Regulations and requires approval by the City Council. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: Issuance of municipal obligations are exempted from the City's charter provision regarding dual reading and/or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. DEPARTMENTAL CLEARANCES: • Capital Programs • Bond Counsel • City Attorney's Office • Financial Services FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - Debt Payments - - - - Encumbered/Expended amount of (date) - - - - This item - - - BALANCE - - - - FUND(S): COMMENTS: Not applicable RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION NO. RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS RELATING TO CONSTRUCTING VARIOUS CITY IMPROVEMENTS FROM THE PROCEEDS OF TAX- EXEMPT OBLIGATIONS TO BE ISSUED BY THE CITY FOR AUTHORIZED PURPOSES IN AN AMOUNT NOT TO EXCEED $18,350,000; AUTHORIZING OTHER MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the Governing Body) of the City of Corpus Christi, Texas (the Issuer) has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer to finance the costs associated with (i) designing, constructing, renovating, improving, constructing, reconstructing, restructuring and extending streets and thoroughfares and related land and right-of-way (including pedestrian and bike traffic lanes), sidewalks, streetscapes, collectors, drainage, landscape, signage, lighting, traffic signals (including networking hardware and software), and the purchase of materials, supplies, equipment, machinery, land, and rights-of-way for authorized needs and purposes relating to the aforementioned improvements being projects approved at an election held on November 8, 2016 (the Construction Costs), (ii) the payment of various engineering costs, including design testing, design engineering, and construction inspection related to the Construction Costs (the Engineering Costs), (iii) the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs (the Architectural Costs), and (iv) the payment of various administrative costs, including the fees of bond counsel, financial advisor, project manager, project consultant, other professionals, and bond printer (the Administrative Costs) [the Construction Costs, the Engineering Costs, the Architectural Costs, and the Administrative Costs collectively constitute the costs of the Issuer's projects that are the subject of this Resolution (the Project)]; and WHEREAS, the provisions of Section 1201.042, as amended, Texas Government Code (Section 1201.042) provide that the proceeds from the sale of obligations issued to finance the acquisition, construction, equipping, or furnishing of any project or facilities, such as the Project, may be used to reimburse the Issuer for costs attributable to such project or facilities paid or incurred before the date of issuance of such obligations; and WHEREAS, the United States Department of Treasury (the Department) released Regulation Section 1.150-2 (the Regulations) which establishes when the proceeds of obligations are spent and therefore are no longer subject to various federal income tax restrictions contained in the Internal Revenue Code of 1986, as amended (the Code); and WHEREAS, the Issuer intends to reimburse itself, within eighteen months from the later of the date of expenditure or the date the property financed is placed in service (but in no event more than three years after the original expenditures are paid), for the prior lawful capital expenditure of funds from the proceeds of one or more series of tax-exempt obligations (the Obligations) that the Issuer currently contemplates issuing in the principal amount of not to exceed $18,350,000 to finance a portion of the costs of the Project; and 36598460.1 WHEREAS, under the Regulations, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before making the expenditures; and WHEREAS, the Issuer hereby finds and determines that the reimbursement for the prior expenditure of funds of the Issuer is not inconsistent with the Issuer's budgetary and financial circumstances; and WHEREAS, the Governing Body hereby finds and determines that the adoption of this Resolution is in the best interests of the residents of the Issuer; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. This Resolution is a declaration of intent to establish the Issuer's reasonable, official intent under section 1.150-2 of the Regulations and Section 1201.042 to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred (not more than 60 days prior to the date hereof) or to be incurred with respect to the Project from the Issuer's General Fund or other lawfully available funds of the Issuer. SECTION 2. The Issuer intends to issue the Obligations and allocate within 30 days after the date of issuance of the Obligations the proceeds therefrom to reimburse the Issuer for prior lawful expenditures with respect to the Project in a manner to comply with the Regulations. SECTION 3. The reimbursed expenditure will be a type properly chargeable to a capital account (or would be so chargeable with a proper election) under general federal income tax principles. SECTION 4. The Issuer intends to otherwise comply, in addition to those matters addressed within this Resolution, with all the requirements contained in the Regulations. SECTION 5. This Resolution may be relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas and establishes compliance by the Issuer with the requirements of Texas law and the Regulations. SECTION 6. With respect to the proceeds of the Obligations allocated to reimburse the Issuer for prior expenditures, the Issuer shall not employ an abusive device under Treasury Regulation Section 1.148-10, including using within one year of the reimbursement allocation, the funds corresponding to the proceeds of the Obligations in a manner that results in the creation of "replacement proceeds", as defined in Treasury Regulation Section 1.148-1, of the Obligations or another issue of tax-exempt obligations. SECTION 7. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Governing Body. -2- 36598460.1 SECTION 8. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 9. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 10. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 11. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 12. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. [The remainder of this page intentionally left blank] -3- 36598460.1 PASSED, ADOPTED AND APPROVED on this the 16th day of May, 2017. ATTEST: City Secretary (CITY SEAL) APPROVED THIS 16th day of May, 2017: Miles Risley, City Attorney -4- 36598460.1 CITY OF CORPUS CHRISTI, TEXAS Mayor THE STATE OF TEXAS )( COUNTY OF NUECES )( I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of a Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 16th day of May, 2017, relating to establishing the City's intention to reimburse itself in an amount not to exceed $18,350,000 for the prior lawful expenditure of funds relating to constructing various capital improvements to City property, which Resolution is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 16th day of May, 2017. City Secretary (CITY SEAL) 36598460.1 That the foregoing resolution was read and passed finally on this the 16th day of May, 2017, by the following vote: Mayor Rudy Garza CarolynVaughn Paulette Guajardo Ben Molina Michael Hunter Lucy Rubio Joe McComb Greg Smith PASSED AND APPROVED, this the 16th day of May, 2017. ATTEST: Rebecca Huerta City Secretary 36598460.1 Mayor AGENDA MEMORANDUM City Council Meeting of May 9, 2017 DATE: April 21, 2017 TO: Margie C. Rose, City Manager FROM: lain Vasey, President/CEO ivasey@ccredc.com (361) 882-7448 CCREDC Quarterly Update to City Council (Q2 2017) STAFF PRESENTER(S): Name 1. 2. 3. OUTSIDE PRESENTER(S): Title/Position Department Name Title/Position Organization 1. lain Vasey President/CEO CCREDC 2. 3. 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 Q2 2017 PI Corpus Christi NA.. REGIONAL ECONOMIC DEVELOPMENT CORPORATION May 9,2017 Economic Update Iain Vasey Corpus Christi MSA Employment by Sector Total Nonagricultural Mining, Logging, & Construction Manufacturing Trade, Transportation, and Utilities Information Financial Activities Professional and Business Services Education and Health Services Leisure and Hospitality Other Services Government NA.. REGIONAL ECONOMIC DEVELOPMENT CORPORATION Corpus Christi Annual Change Mar -17 Feb -17 Mar -16 Mar -15 Mar -14 Mar -13 2600 193,300 191,500 190,700 191,800 190,400 187,900 700 23,200 23,000 22,500 24,700 25,300 24,000 -300 8,700 8,700 9,000 9,400 9,800 9,800 34,400 34,000 34,300 34,800 34,700 33,200 0 1,800 1,800 1,800 1,900 2,100 2,100 100 -100 100 7,600 17,100 7,500 16,800 7,700 17,000 8,300 16,900 8,000 15,700 7,700 16,300 900 31,600 31,600 30,700 29,500 29,200 30,000 500 26,100 25,600 25,600 24,700 23,800 23,400 100 600 7,200 35,600 7,100 35,400 7,100 35,000 7,100 34,500 7,100 34,700 6,800 34,600 PI Corpus Christi YTD EDC Goals and Results 1144• REGIONAL ECONOMIC DEVELOPMENT CORPORATION Project Wins: ExxonMobil/SABIC: Plastics Facility, 636 jobs, $90,000 average wage, $9.5 B investment Corpus Christi ETJ Envirotech Carriers: medical waste facility, 20 new jobs, $50,000 average wage, $500k investment Activities: • Prospect Visits this Quarter: 5 • Upcoming site visits: 3 • Upcoming recruitment missions: 2 • Type A projects in process: 1 Project Pipeline: ✓ YTD: 2 "Wins", 656 Jobs ✓ 2 Class A Projects (high probability) — 60 jobs ✓ 7 Class B Projects (in competitive negotiations) — 1,480 jobs ✓ 19 Class C Projects (early in process/low probability) — 3,490 jobs ✓ 28 Total projects representing a potential of $ 24.5B CapEx Key Economic Indicators TP4 Corpus Christi • REGIONAL ECONOMIC \ DEVELOPMENT CORPORATIDN Oil Prices (WTI): March 2016 $36.91/bbl. March 2017 $47.29/bbl. (WTC www.oil.com) U.S. Rig Count: (www.bakerhughes. comhig c ount) Dec 2014 1,913 Dec 2015 884 Dec 2016 481 March 2017 847 Unemployment: March 2016 5.8% March 2017 6.6% Natural Gas Prices: $1.73 mm btu $2.88 mm btu (Henry Hub www.eia.gov) Eagle Ford Shale Rig Count: (www. Eag leF ord S hale. c o m) Dec 2014 260 Dec 2015 110 Dec 2016 44 March 2017 75 Employment: March 2016 190,700 March 2017 193,300 Legislative Actions ITU Corpus Christi Rm. REGIONAL ECONOMIC DEVELOPMENT CORPORATION • Senate Bill 2: Limits cities, counties and taxing districts from adjusting tax rates more than 4%. CCREDC resolution of opposition. • Senate Bill 650/ SB1765: Further restricts cities in operation of Tax Increment Reinvestment Zones, puts more control in State Comptroller's hands, limits sunset to 10 years (so bonding for infrastructure is unfeasible). CCREDC testified in opposition. Bill put into pending status. • House Bill 445/Senate Bill 277: Restricts wind farms within 30 miles of Military Airfield from receiving 312 and 313 property tax incentives (for job creation). Does not impact land uses, only regulates economic incentives. CCREDC resolution in support of bill. • TAMU-CC Special Funding Request: Funds requested for Unmanned Aerial Systems Program and Matching Grant for Civil & Industrial Engineering Programs (matches City Type A Grant). CCREDC resolution of support. Parked in Budget Article 11. • House Bill 793: Would require not -for -profits with any support from government agencies to operate as government entities. CCREDC resolution in opposition & testimony. Synchronist 2016 Overview piApi.. REGIONAL ECONOMIC DEVELOPMENT CORPORATION 4 Corpus Christi Major Issues Identified • 72% Workforce ➢ Retention and Availability ➢ Essential Skills ➢ Skilled Labor • 48% Infrastructure ➢ Street Maintenance ➢ Water Availability ➢ Water Quality ➢ Long-term planning in growth areas • 28% Quality of Training • 78% believed the business climate was stable • 43% saw weak sales • 27% continue to hire Synchronist Q1 2017 11141.. REGIONAL ECONOMIC DEVELOPMENT CORPORATION Corpus Christi 37 BRE Visits (as of April 30, 2017) Issues Identified • Workforce — 85% ➢ Qualified Workforce ➢ Labor Availability — concerns over a large number of industry employees eligible for retirement ➢ Regional growth is positive but will burden the available labor market ➢ Companies expect to continue hiring in 2017 • Infrastructure — 81% ➢ Reliable water source ➢ Long term planning in growth areas • Quality of Training — 31% AGENDA MEMORANDUM for the City Council Meeting of May 9, 2017 DATE: April 27, 2017 TO: Margie C. Rose, City Manager THROUGH: Mark Van Vleck, Assistant City Manager MarkVV@cctexas.com 361-826-3082 FROM: Clarence Wittwer, Director of Water ClarenceW@cctexas.com 361-826-1874 UPDATE TO CITY COUNCIL Water Quality Projects STAFF PRESENTER(S): Name 1. Clarence Wittwer 2. Esteban "Steve" Ramos 3. Gabriel Garcia 4. Rafael Martinez OUTSIDE PRESENTER(S): Name n/a Title/Position Director of Water Water Resources Manager Water Quality Manager Utilities System Manager Title/Position Deaartment Water Utilities Water Utilities Water Utilities Water Utilities Oraanization BACKGROUND: This presentation will provide an update on projects designed to stabilize water quality in the distribution system. LIST OF SUPPORTING DOCUMENTS: Presentation Water Quality Projects Update Council Presentation May 9th, 2017 Water Quality Progress • Objective: Improve and stabilize water quality in the City's water distribution system Action: City adopted a holistic approach and has implemented actions to address the following areas: — Source — Treatment — Distribution System Status: — Significant improvements in the stability/consistency of water quality have been achieved — Longer-term CIP projects are currently underway to continue to improve overall water treatment and distribution. 2 Source Actions ACTIONS TAKEN 0 Addl. Raw Water Sampling @ Weather/Seasonal Monitoring 9 Bromide Evaluation 0 00 O 0 CURRENT AND FUTURE ACTIONS Solids Management (E13052/E16308) Alkalinity and pH Evaluation Pre -Sedimentation Evaluation Raw Water Analyzers Nueces River Pump Station Improvements 3 Solids Management Objective Minimize impact on water quality Improve operational flexibility Prepare for long term operations Status • In Progress • Anticipated Completion : Phase -1 by 2018 4 Nueces River Raw Water Pump Station Objective Increase reliability of water delivery Reduce operational cost Ultimate design flow 200 MGD. Status • Selection of Engineers: Complete • System Design: Complete • Anticipated Installation: 2018 5 Treatment Actions O Chemical Dosing Locations © Analyzer Replacement © Mixing Enhancements O Flow Pacing © Filter Flow Improvements O Process Target Changes CA Training and Procedures New Chlorine Dioxide System et Coagulant Evaluation (0 Chlorine System Improvements • Solids Removal e Pilot Plant System and Testing eRaw Water and Chem Feed Improvements ([12211/8643) 6 New Chlorine Dioxide System Objective Improve control of nitrification Reduce chlorine demand Reduce Disinfection Byproduct Formation Status • Exception request from TCEQ: Approved • Design documents to TCEQ: Complete • Final approval of design by TCEQ: Complete Commissioned: April 17, 2017 7 Chlorine System Improvements Objective • Increase Reliability • Improve Safety of Operations • Optimize System Control Status • Initial System Assessment: Complete • Selection of Engineer: Complete • Anticipated Completion : TBD 8 Raw Water and Chemical Feed Improvements Objective • Update Chemical Feed Equipment • Improve Chemical Mixing • Optimize System Performance Status • Selection of Engineers: Complete • System Design:.�UYo Lomplete • Anticipated Installation: 2018 9 Pilot Plant System and Testing Objective • Evaluate Changing Water Quality • Test Alternative Treatment Strategies • Optimize System Performance Status • System Design: Complete • Pilot Construction: 9nding • Anticipated Installation: August 2017 10 Distribution System Actions ACTIONS TAKEN: • Cleaned all storage tanks (annually or as needed) • Evaluated and automated chlorine booster stations • Updated Nitrification Action Plan (August 2016 and April 2017) • Evaluated and changed current Conversion Procedures • Modified distribution system operations • Tank mixing system Flour Bluff EST IN PROGRESS: • Tank sampling and inspections (tanks sampled twice/week • Navigation Pump Station Monochlor Tank Shark Pilot study • Back-up power for Navigation and Staples Pump Stations • Additional pumps at Staples Pump Station • New analyzers at Staples and Sand Dollar Pump Stations 11 Updated Nitrification Action Plan City of Comm Christi Nitrification Action Plan Raw., AmeacaeiValtxWorksAssocato¢ Manna ofrrachoe A156 Draem Version4 April 2017 Objective • More Conservative Treatment Goals • Revised Action Levels • Refined Monitoring Plan Status • Document Revisions: Complete August 2016 and April 2017 • New Target Implementation: Complete • Monitoring and Site Actions: 12 Tank Mixing and Operation Objective • Increase Turnover • Reduce Water Age • Improve Chlorine Residual Stability Status • Operational Changes: Complete • New Mixer Testing: On-going • Anticipated Start-up: May 2017 13 Current Capital Improvement Plan N eeces River Raw Water Pump Station Rand Margam St IHumua Bay /Elevated Storage Tank !Elevated S1orege Tank I«. Steven. PIan11 DN Steven, Plant - Hlgh Service Building Repairs -Clearwell Rea Repairs Faellitlee Feed Daum Wellen . Intermediate Sludge Removal - Site Infrastructure imorev,mante -Gee... ...Mal -Chloelnc Smragn and Handling Faellalae /North /No� n Beech j Improvmenta _JSama Fel aa' Ttenemlaeinn Line Abandonment • )Conner sJ INamrcrorli Elevated Storage Tank( Holly Rd Staptes Street Pump Station JGlanmore SPIE at . .Ennis Joelin Starry Ed Elevated Stor . e Tank 0 =2 4 6 8 eeee� MMMMEMileS Padre Islar d Extension] 14 Current Capital Improvement Plan (CIP) Project Name Cost ($M} Start Completion Nueces River Raw Water Pump Station 16.8 Sep 2014 Jul 2018 ON Stevens Chlorine Storage and Handling Facilities Improvements 9.0 Mar 2017 Feb 2019 ON Stevens Chemical Fecilities (Alum, Polymer and LAS) Replacement 16.7 May 2016 Jan 2020 ONSWTP Raw Water Influent Improvements 25.0 May 2016 Jan 2020 ONSWTP Interim Sludge Management Improvements 6.5 May 2016 Sep 2017 ONSWTP Fluoride Feed System Improvement 1.1 Oct 2015 Jul 2017 Alternative Capacity Power Generation (ACR Phase 1) 1.2 May 2015 Sep 2017 Staples Street Pump Stations Phase 2 - Third and Forth Pumps 3.3 May 2015 Jun 2017 Elevated Water Storage Tanks (ACR Implementation Phase 2) 12.5 Jun 2014 Feb 2018 Elevated Water Storage Tanks {ACR Implementation Phase 3) 18.0 Oct 2016 Nov 2020 Source Treatment Distribution System 15 rT7,4%f° � I Water System Projects in Action • Choke Canyon Spillway Gates Repair Project 16 Water System Projects in Action • Sludge Removal - Phase (Lagoon 7) 17 Water System Projects in Action • New Elevated Storage Tanks at Holly Road and Rand Morgan • Elevated Water Storage Tanks (ACR Implementation Phase 2) 18 Water System Projects in Action • Construction of High Service#3 at O.N. Stevens Water Treatment Plant • Will assist in increasing capacity to 200 MGD 19 Summary of Current Status • City has implemented source, treatment, and distribution system actions to address water quality concerns. • City has seen significant improvements in the stability of water quality throughout the distribution system as a result of these actions. • City has several long-term projects that are currently underway to modernize the water treatment plant and distribution system. 20 Current Status of Backflow Items Commercial Backflow Devices: • City has executed service contracts with six contractors to test, repair and/or replace delinquent backflow devices • 90 day period to complete approximately 1,000 devices Industrial Backflow Devices: • 78 Notices were initially sent to properties with Industrial Agreements • 12 Complete responses, 36 responses in progress, 30 whom we have contacted directly. • April 21, sent certified letters to the 30 industrial customers. 21 Current Status of Backflow Items Private Water Wells - Backflow Devices: • Identified registered Waterwells • Cross referenced wells with city water service • Preparing letter to send to water well owners requesting compliance • Estimate letters going out to owners by mid-May 22 AGENDA MEMORANDUM for the City Council Meeting of May 9, 2017 DATE: TO: Margie C. Rose, City Manager May 1,2017 THROUGH: Mark Van Vleck, Assistant City Manager MarkVV@cctexas.com 361-826-3082 FROM: Clarence Wittwer, Director of Water ClarenceW@cctexas.com 361-826-1874 UPDATE TO CITY COUNCIL Drought Contingency Plan Recommended Changes Including Non -Curtailment STAFF PRESENTER(S): Name Title/Position Deaartment 1. Esteban "Steve" Ramos Water Resources Manager Water Utilities 2. Clarence Wittwer Director of Water Water Utilities OUTSIDE PRESENTER(S): Name Title/Position Organization n/a BACKGROUND: This presentation will provide recommendations to the City Council on changes to the current drought contingency plan that will better facilitate water usage for the citizens of Corpus Christi. LIST OF SUPPORTING DOCUMENTS: Presentation Briefing Drought Contingency Plan Council Presentation May 9th, 2017 Drought Contingency Plan Purpose • Conserve the available water supply • Protect and preserve public health, welfare, and safety • Minimize the adverse impacts of water supply shortage or other water supply emergency conditions Drought Contingency Plan State Requirement • Texas Commission of Environmental Quality (TCEQ) requires and implement a drought contingency plan (Texas Administrative Code (TAC) Title 30 Chapter §288) • Texas Water Development Board, State Water Implementation Fund for Texas application requirement for applications over $500,000 (TAC, Title 31 Chapter 5363, Subchapter A) Drought Contingency Plan Recommendations Five Drought Stages Drought Stage Response Stage 1- Mild CCR/LCC Combined Reservoir Storage Level 2015 Target Demand Reduction Levels 2015 CCR/LCC Combined Reservoir Storage Level 2017 Target Demand Reduction Levels 2017 Always in effect Not Applicable <50% or if Lake Texana is <40% 5% Stage 2- Moderate Stage 3- Severe 10% <80% <40% 10% <30% 15% <30% 15% Stage 4- Critical Stage 5- Emergency 30% <20% <20% 30% 50% Not Applicable Not Applicable 50% Drought Contingency Plan What does this mean for our customers today? • We are not in a Drought Stage • No water use restrictions • Only Water Conservation Measures — Irrigation by spray or sprinklers between the hours of 10 am and 6 pm. Drought Contingency Plan Next Steps • Receive direction from council to make changes. • Staff will make the needed changes to the drought contingency plan. • The item will be placed on City council agenda, public hearing, tentatively for May 30th 2017. AGENDA MEMORANDUM for the City Council Meeting of May 9, 2017 DATE: TO: THROUGH: FROM: May 2, 2017 Margie C. Rose, City Manager Mark Van Vleck, Assistant City Manager MarkVV@cctexas.com 361-826-3082 Clarence Wittwer, Director of Water ClarenceW@cctexas.com 361-826-1874 UPDATE TO CITY COUNCIL Variable Salinity Desalination (VSD) Project STAFF PRESENTER(S): Name 1. Esteban "Steve" Ramos 2. Larijai "LJ" Francis 3. Clarence Wittwer OUTSIDE PRESENTER(S): Name n/a Title/Position Water Resources Manager Project Manager Director of Water Title/Position Deaartment Water Utilities Water Utilities Water Utilities Organization BACKGROUND: This presentation is to provide recommendations on the future of the Variable Salinity Desalination (VSD) project. LIST OF SUPPORTING DOCUMENTS: Presentation Briefing Variable Salinity Desalination Council Presentation May 9th, 2017 Timeline 2014 2015 2016 2017 US Bureau of Reclamation Grant Application US Bureau of Reclamation Grant Award Variable Salinity Desalination Project Kickoff Variable Salinity Desalination Technical Manual #1 Submitted Variable Salinity Desalination Technical Manual #2 Draft Submitted Industrial Desalination Project Initiated Industrial Desal Project makes progress with coordination and submittals. Variable Salinity Desalination Technical Manual #2 Finalized Variable Salinity Desalination Technical Manuals #3 and #4 Finalized Industrial Desalination Project Nears Completion Texas Water Development Board State Water Implementation Fund for Texas Application for Industrial Desalination Supplemental Project Definition Activities 2 Desalination Concept 0 > TREATMENT PROCESSES And this: 0+0 I TREATMENT PROCESSES Production Cost Brackish Water 4 Staff Recommendation/ s ✓ Variable Salinity Desalination program be placed on hold : 1. To negotiate transfer of US Bureau of Reclamation grant funds to Industrial Desalination project 2. To monitor the progress of the Industrial Desalination project